Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; Proposed 2022 and 2023 Harvest Specifications for Groundfish, 68608-68624 [2021-26180]
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Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Proposed Rules
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[FR Doc. 2021–26146 Filed 12–1–21; 4:15 pm]
BILLING CODE 4120–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No.: 21123–0243; RTID 0648–
XY119]
Fisheries of the Exclusive Economic
Zone Off Alaska; Bering Sea and
Aleutian Islands; Proposed 2022 and
2023 Harvest Specifications for
Groundfish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; harvest
specifications and request for
comments.
jspears on DSK121TN23PROD with PROPOSALS1
AGENCY:
NMFS proposes 2022 and
2023 harvest specifications,
apportionments, and prohibited species
catch allowances for the groundfish
fisheries of the Bering Sea and Aleutian
Islands (BSAI) management area. This
action is necessary to establish harvest
SUMMARY:
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limits for groundfish during the 2022
and 2023 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 2022 harvest specifications
supersede those previously set in the
final 2021 and 2022 harvest
specifications, and the 2023 harvest
specifications will be superseded in
early 2023 when the final 2023 and
2024 harvest specifications are
published. The intended effect of this
action is to conserve and manage the
groundfish resources in the BSAI in
accordance with the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
DATES: Comments must be received by
January 3, 2022.
ADDRESSES: Submit your comments,
identified by NOAA–NMFS–2020–0141,
by either of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
211123–0243 in the Search box. Click
on the ‘‘Comment’’ icon, complete the
required fields and enter or attach your
comments.
• Mail: Submit written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Records Office. Mail comments to P.O.
Box 21668, Juneau, AK 99802–1668.
Instructions: NMFS may not consider
comments if they are sent by any other
method, to any other address or
individual, or received after the
comment period ends. All comments
received are a part of the public record,
and NMFS will post the comments for
public viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender is
publicly accessible. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous).
Electronic copies of the Alaska
Groundfish Harvest Specifications Final
Environmental Impact Statement (Final
EIS), Record of Decision (ROD) for the
Final EIS, and the annual
Supplementary Information Reports
(SIRs) to the Final EIS prepared for this
action are available from https://
www.regulations.gov. An updated 2022
SIR for the final 2022 and 2023 harvest
specifications will be available from the
same source. The final 2020 Stock
Assessment and Fishery Evaluation
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(SAFE) report for the groundfish
resources of the BSAI, dated November
2020, is available from the North Pacific
Fishery Management Council (Council)
at 605 West 4th Avenue, Suite 306,
Anchorage, AK 99501–2252, phone
907–271–2809, or from the Council’s
website at https://www.npfmc.org/. The
2021 SAFE report for the BSAI will be
available from the same source.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
Federal
regulations at 50 CFR part 679
implement the FMP and govern the
groundfish fisheries in the BSAI. The
Council prepared the FMP, and NMFS
approved it, under the MagnusonStevens Act. General regulations
governing U.S. fisheries also appear at
50 CFR part 600.
The FMP and its implementing
regulations require that NMFS, after
consultation with the Council, specify
annually the total allowable catch (TAC)
for each target species category. The
sum of TACs for all groundfish species
in the BSAI must be within the
optimum yield (OY) range of 1.4 million
to 2.0 million metric tons (mt) (see
§ 679.20(a)(1)(i)(A)). Section 679.20(c)(1)
further requires that NMFS publish
proposed harvest specifications in the
Federal Register and solicit public
comments on proposed annual TACs
and apportionments thereof; prohibited
species catch (PSC) allowances;
prohibited species quota (PSQ) reserves
established by § 679.21; seasonal
allowances of pollock, Pacific cod, and
Atka mackerel TAC; American Fisheries
Act allocations; Amendment 80
allocations; Community Development
Quota (CDQ) reserve amounts
established by § 679.20(b)(1)(ii); and
acceptable biological catch (ABC)
surpluses and reserves for CDQ groups
and Amendment 80 cooperatives for
flathead sole, rock sole, and yellowfin
sole. The proposed harvest
specifications set forth in Tables 1
through 15 of this action satisfy these
requirements.
Under § 679.20(c)(3), NMFS will
publish the final 2022 and 2023 harvest
specifications after (1) considering
comments received within the comment
period (see DATES), (2) consulting with
the Council at its December 2021
meeting, (3) considering information
presented in the 2022 SIR to the Final
EIS that assesses the need to prepare a
Supplemental EIS (see ADDRESSES), and
(4) considering information presented in
the final 2021 SAFE report prepared for
the 2022 and 2023 groundfish fisheries.
SUPPLEMENTARY INFORMATION:
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Other Actions Affecting or Potentially
Affecting the 2022 and 2023 Harvest
Specifications
State of Alaska Guideline Harvest Levels
For 2022 and 2023, 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). The 2021 BS GHL was set at 10
percent of the 2021 BS ABC (86 FR
11449, February 25, 2021). The State’s
pot gear BS GHL will increase one
percent annually up to 15 percent of the
BS ABC, if at least 90 percent of the
GHL is harvested by November 15 of the
preceding year. In 2021, 90 percent of
the GHL was harvested by November 15,
2021, which triggers a 1 percent
increase in the GHL in 2022 and results
in a 2022 GHL of 11 percent of the
proposed Pacific cod BS ABC. If at least
90 percent of the 2022 BS GHL is not
harvested by November 15, 2022, then
the 2023 BS GHL will remain at the
same percent (11 percent) as the 2022
BS GHL. If 90 percent of the 2022 BS
GHL is harvested by November 15,
2022, then the 2023 BS GHL will
increase by 1 percent and the 2023 BS
TAC will be set to account for the
increased BS GHL. Also, for 2022 and
2023, the BOF established an additional
GHL for vessels using jig gear in State
waters in the BS equal to 45 mt of
Pacific cod. The Council and its BSAI
Groundfish Plan Team (Plan Team),
Scientific and Statistical Committee
(SSC), and Advisory Panel (AP)
recommended that the sum of all State
and Federal water Pacific cod removals
from the BS not exceed the proposed
ABC recommendations for Pacific cod
in the BS. Accordingly, the Council
recommended, and NMFS proposes,
that the 2022 and 2023 Pacific cod TACs
in the BS account for the State’s GHLs
for Pacific cod caught in State waters.
For 2022 and 2023, the BOF for the
State established the GHL in State
waters in the Aleutian Islands subarea
(AI). In 2021, 90 percent of the GHL has
been harvested by November 15, 2021,
and results in a 2022 GHL of 39 percent
of the proposed Pacific cod AI ABC. The
AI GHL may not exceed 39 percent of
the AI ABC or 15 million pounds (6,804
mt). In 2022, 39 percent of the proposed
2022 and 2023 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 proposed ABC
recommendations for Pacific cod in the
AI. Accordingly, the Council
recommended, and NMFS proposes,
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that the 2022 and 2023 Pacific cod TACs
in the AI account for the State’s GHL of
6,804 mt for Pacific cod caught in State
waters.
Proposed ABC and TAC Harvest
Specifications
In October 2021, the Council’s SSC,
its AP, and the Council reviewed the
most recent biological and harvest
information on the condition of the
BSAI groundfish stocks. The Plan Team
compiled and presented this
information in the final 2020 SAFE
report for the BSAI groundfish fisheries,
dated November 2020 (see ADDRESSES).
The final 2021 SAFE report will be
available from the same source.
The proposed 2022 and 2023 harvest
specifications are based on the final
2022 harvest specifications published in
February 2021 (86 FR 11449, February
25, 2021), which were set after
consideration of the most recent 2020
SAFE report, and are based on the
initial survey data that were presented
at the September 2021 Plan Team
meeting. The proposed 2022 and 2023
harvest specifications in this action are
subject to change in the final harvest
specifications to be published by NMFS
following the Council’s December 2021
meeting.
In November 2021, the Plan Team
will update the 2020 SAFE report to
include new information collected
during 2021, such as NMFS stock
surveys, revised stock assessments, and
catch data. The Plan Team will compile
this information and present the draft
2021 SAFE report at the December 2021
Council meeting. At that meeting, the
SSC and the Council will review the
2021 SAFE report, and the Council will
approve the 2021 SAFE report. The
Council will consider information in the
2021 SAFE report, recommendations
from the November 2021 Plan Team
meeting and December 2021 SSC and
AP meetings, public testimony, and
relevant written comments in making its
recommendations for the final 2022 and
2023 harvest specifications.
Potential Changes Between Proposed
and Final Specifications
In previous years, the most significant
changes (relative to the amount of
assessed tonnage of fish) to the
Overfishing Levels (OFLs) and ABCs
from the proposed to the final harvest
specifications have been based on the
most recent NMFS stock surveys. These
surveys provide updated estimates of
stock biomass and spatial distribution,
and inform changes to the models or the
models’ results used for producing stock
assessments. Any changes to models
used in stock assessments will be
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68609
recommended by the Plan Team in
November 2021, reviewed by the SSC in
December 2021, and then included in
the final 2021 SAFE report. Model
changes can result in changes to final
OFLs, ABCs, and TACs. The final 2021
SAFE report will include the most
recent information, such as catch data.
The final harvest specification
amounts for these stocks are not
expected to vary greatly from these
proposed harvest specification amounts.
If the 2021 SAFE report indicates that
the stock biomass trend is increasing for
a species, then the final 2022 and 2023
harvest specifications may reflect an
increase from the proposed harvest
specifications. Conversely, if the 2021
SAFE report indicates that the stock
biomass trend is decreasing for a
species, then the final 2022 and 2023
harvest specifications may reflect a
decrease from the proposed harvest
specifications. In addition to changes
driven by biomass trends, there may be
changes in TACs due to the sum of
ABCs exceeding 2 million mt. Since the
regulations require TACs to be set to an
OY between 1.4 and 2 million mt, the
Council may be required to recommend
TACs that are lower than the ABCs
recommended by the Plan Team and the
SSC, if setting all TACs equal to ABCs
would cause the sum of TACs to exceed
an OY of 2 million mt. Generally, total
ABCs greatly exceed 2 million mt in
years with a large pollock biomass. For
both 2022 and 2023, NMFS anticipates
that the sum of the final ABCs will
exceed 2 million mt. NMFS expects that
the final TACs for the BSAI for both
2022 and 2023 will equal 2 million mt
each year.
The proposed 2022 and 2023 OFLs
and ABCs are based on the best
available biological and scientific
information, including projected
biomass trends, information on assumed
distribution of stock biomass, and
revised technical methods used to
calculate stock biomass. The FMP
specifies a series of six tiers to define
OFLs and ABCs 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. The
proposed 2022 and 2023 TACs are based
on the best available biological and
socioeconomic information.
In October 2021, the SSC adopted the
proposed 2022 and 2023 OFLs and
ABCs recommended by the Plan Team
for all groundfish. The Council adopted
the SSC’s OFL and ABC
recommendations. The OFL and ABC
amounts are unchanged from the final
2022 harvest specifications published in
the Federal Register on February 25,
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2021 (86 FR 11449). The sum of the
proposed 2022 and 2023 ABCs for all
assessed groundfish is 2,682,318 mt.
The sum of the proposed TACs is
2,000,000 mt.
Specification and Apportionment of
TAC Amounts
The Council recommended proposed
2022 and 2023 TACs that are equal to
the proposed ABCs for 2022 and 2023
BS sablefish, Central AI Atka mackerel,
BS and Eastern AI Atka mackerel, BS
Pacific ocean perch, Central AI Pacific
ocean perch, Eastern AI Pacific ocean
perch, Central AI and Western AI
blackspotted and rougheye rockfish, and
AI ‘‘other rockfish.’’ The Council
recommended proposed TACs less than
the respective proposed ABCs for all
other species. Section
679.20(a)(5)(iii)(B)(1) requires the AI
pollock TAC to be set at 19,000 mt when
the AI pollock ABC equals or exceeds
19,000 mt. The Bogoslof pollock TAC is
set to accommodate incidental catch
amounts. TACs are set so that the sum
of the overall TAC does not exceed the
BSAI OY.
The proposed groundfish OFLs,
ABCs, and TACs are subject to change
pending the completion of the final
2021 SAFE report, public comment, and
the Council’s recommendations for the
final 2022 and 2023 harvest
specifications during its December 2021
meeting. These proposed amounts are
consistent with the biological condition
of groundfish stocks as described in the
2020 SAFE report. The proposed ABCs
reflect harvest amounts that are less
than the specified overfishing levels.
The proposed TACs have been adjusted
for other biological information and
socioeconomic considerations,
including maintaining the entire TAC
within the required OY range. Pursuant
to Section 3.2.3.4.1 of the FMP, the
Council could recommend adjusting the
final TACs ‘‘if warranted on the basis of
bycatch considerations, management
uncertainty, or socioeconomic
considerations; or if required in order to
cause the sum of the TACs to fall within
the OY range.’’ Table 1 lists the
proposed 2022 and 2023 OFL, ABC,
TAC, initial TAC (ITAC), and CDQ
amounts for groundfish for the BSAI.
The proposed apportionment of TAC
amounts among fisheries and seasons is
discussed below.
TABLE 1—PROPOSED 2022 AND 2023 OVERFISHING LEVEL (OFL), ACCEPTABLE BIOLOGICAL CATCH (ABC), TOTAL
ALLOWABLE CATCH (TAC), INITIAL TAC (ITAC), AND CDQ RESERVE ALLOCATION OF GROUNDFISH IN THE BSAI 1
[Amounts are in metric tons]
Proposed 2022 and 2023
Species
Pollock 4 .......................
Pacific cod 5 .................
Sablefish ......................
Yellowfin sole ...............
Greenland turbot ..........
Arrowtooth flounder .....
Kamchatka flounder .....
Rock sole 6 ...................
Flathead sole 7 .............
Alaska plaice ................
Other flatfish 8 ..............
Pacific Ocean perch ....
Northern rockfish .........
Blackspotted/Rougheye
rockfish 9.
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Shortraker rockfish .......
Other rockfish 10 ...........
Atka mackerel ..............
Skates ..........................
Sharks ..........................
Octopuses ....................
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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 ...............
2,366,000
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
36,995
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
150
176
225
694
300
394
57,717
23,880
14,330
19,507
16,000
200
700
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CDQ 3 4
Nonspecified
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
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
ITAC 2
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68611
TABLE 1—PROPOSED 2022 AND 2023 OVERFISHING LEVEL (OFL), ACCEPTABLE BIOLOGICAL CATCH (ABC), TOTAL ALLOWABLE CATCH (TAC), INITIAL TAC (ITAC), AND CDQ RESERVE ALLOCATION OF GROUNDFISH IN THE BSAI 1—
Continued
[Amounts are in metric tons]
Proposed 2022 and 2023
Species
Total ......................
Area
........................
OFL
ABC
TAC
3,802,167
2,707,590
2,000,000
ITAC 2
1,785,904
CDQ 3 4
194,677
Nonspecified
reserves
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 Bering Sea subarea (BS) includes the Bogoslof District.
2 Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and the Amendment 80 species (Atka mackerel,
flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 15 percent of each TAC is put into a nonspecified
reserve. The ITAC for these species is the remainder of the TAC after subtraction of the reserves. For pollock and Amendment 80 species, ITAC
is the non-CDQ allocation of TAC (see footnote 3 and 4).
3 For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean
perch), 10.7 percent of the TAC is reserved for use by CDQ participants (see §§ 679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish
TAC allocated to hook-and-line gear or pot gear, 7.5 percent of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for Bering Sea Greenland turbot and BSAI 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. Aleutian Islands Greenland turbot, ‘‘other flatfish,’’ Alaska plaice, Bering Sea Pacific ocean perch, Kamchatka flounder, northern rockfish,
shortraker rockfish, blackspotted and 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 Aleutian Islands (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 proposed 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 proposed 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, unless the State guideline harvest level would exceed 15 million pounds (6,804 mt), in which case the
TAC is set to account for the maximum authorized State guideline harvest level of 6,804 mt.
6‘‘Rock sole’’ includes Lepidopsetta polyxystra (Northern rock sole) and Lepidopsetta bilineata (Southern rock sole).
7‘‘Flathead sole’’ includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
8 ‘‘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.
9 ‘‘Blackspotted/Rougheye rockfish’’ includes Sebastes melanostictus (blackspotted) and Sebastes aleutianus (rougheye).
10 ’’Other rockfish’’ includes all Sebastes and Sebastolobus species except for Pacific ocean perch, dark rockfish, northern rockfish, shortraker
rockfish, and blackspotted/rougheye 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.)
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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 NMFS
to reserve 15 percent of the TAC for
each target species category (except for
pollock, hook-and-line and pot gear
allocation of sablefish, and Amendment
80 species) in a nonspecified reserve.
Section 679.20(b)(1)(ii)(B) requires that
NMFS allocate 20 percent of the hookand-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
allocation of sablefish and 10.7 percent
of BS Greenland turbot and BSAI
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) require allocation of 10
percent of the BS pollock TAC to the
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Jkt 256001
pollock CDQ directed fishing allowance
(DFA). Sections 679.20(a)(5)(iii)(B)(2)(i)
and 679.31(a) require 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 § 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 reserves by gear.
Pursuant to § 679.20(a)(5)(i)(A)(1),
NMFS proposes 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 incidentally
retained and discarded catch, including
the incidental catch by CDQ vessels, in
target fisheries other than pollock from
2000 through 2021. During this 22-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
22-year average of 3 percent. Pursuant to
§ 679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS
proposes a pollock ICA of 15 percent or
PO 00000
Frm 00041
Fmt 4702
Sfmt 4702
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 2021.
During this 19-year period, the
incidental catch of pollock ranged from
a low of 5 percent in 2006 to a high of
17 percent in 2014, with a 19-year
average of 9 percent.
Pursuant to § 679.20(a)(8) and (10),
NMFS proposes ICAs of 3,000 mt of
flathead sole, 6,000 mt of rock sole,
4,000 mt of yellowfin sole, 10 mt of
Western Aleutian District Pacific ocean
perch, 60 mt of Central Aleutian District
Pacific ocean perch, 100 mt of Eastern
Aleutian District Pacific ocean perch, 20
mt of Western Aleutian District Atka
mackerel, 75 mt of Central Aleutian
District Atka mackerel, and 800 mt of
Eastern Aleutian District and BS Atka
mackerel, after subtracting the 10.7
percent CDQ reserves. These ICAs are
based on NMFS’s examination of the
incidental catch in other target fisheries
from 2003 through 2021.
E:\FR\FM\03DEP1.SGM
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Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Proposed Rules
The regulations do not designate the
remainder of the nonspecified reserve
by species or species group. Any
amount of the reserve may be
apportioned to a target species that
contributed to the nonspecified reserve
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)).
Allocations of Pollock TAC Under the
American Fisheries Act (AFA)
Section 679.20(a)(5)(i)(A) requires that
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 to June 10), and 55
percent of the DFA is allocated to the B
season (June 10 to 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
pollock 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 pollock TAC is
allocated to the B season
(§ 679.20(a)(5)(iii)(B)(3)). Table 2 lists
these proposed 2022 and 2023 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) 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 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.
Table 2 lists the proposed 2022 and
2023 allocations of pollock TAC. Tables
13, 14, and 15 list the AFA CP and CV
harvesting sideboard limits. The BS
inshore pollock cooperative and open
access sector allocations are based on
the submission of AFA inshore
cooperative applications due to NMFS
on December 1 of each calendar year.
Because AFA inshore cooperative
applications for 2022 have not been
submitted to NMFS, and NMFS
therefore cannot calculate 2022
allocations, NMFS has not included
inshore cooperative tables in these
proposed harvest specifications. NMFS
will post the 2022 AFA inshore pollock
cooperative and open access sector
allocations on the Alaska Region
website at https://
www.fisheries.noaa.gov/alaska/
sustainable-fisheries/alaska-fisheriesmanagement-reports prior to the start of
the fishing year on January 1, 2022,
based on the harvest specifications
effective on that date.
Table 2 also lists proposed 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 2—PROPOSED 2022 AND 2023 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO
THE CDQ DIRECTED FISHING ALLOWANCES (DFA) 1
[Amounts are in metric tons]
2022 and
2023
Allocations
jspears on DSK121TN23PROD with PROPOSALS1
Area and sector
Bering Sea subarea TAC ................................................................................
CDQ DFA .........................................................................................................
ICA 1 .................................................................................................................
Total Bering Sea DFA (non-CDQ) ...................................................................
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 ...........................................................................
Aleutian Islands subarea ABC .........................................................................
Aleutian Islands subarea TAC .........................................................................
CDQ DFA .........................................................................................................
ICA ...................................................................................................................
Aleut Corporation .............................................................................................
Area harvest limit 7 ...........................................................................................
541 ............................................................................................................
542 ............................................................................................................
543 ............................................................................................................
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Frm 00042
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Sfmt 4702
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
A season 1
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
760
1,250
14,600
n/a
n/a
n/a
n/a
E:\FR\FM\03DEP1.SGM
03DEP1
B season 1
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
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
1,140
1,250
........................
n/a
n/a
n/a
n/a
68613
Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Proposed Rules
TABLE 2—PROPOSED 2022 AND 2023 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO
THE CDQ DIRECTED FISHING ALLOWANCES (DFA) 1—Continued
[Amounts are in metric tons]
2022 and
2023
Allocations
Area and sector
Bogoslof District ICA 8 ......................................................................................
A season 1
A season DFA
100
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 annual Bering Sea 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 (CPs)–40 percent, and mothership sector–10 percent. In the Bering Sea subarea, 45 percent of the DFA is allocated to the A season (January 20–June 10) and 55 percent of the DFA is allocated to the B season (June 10–November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2)(i) through (iii), the annual AI pollock TAC, after subtracting first
for the CDQ DFA (10 percent) and second for the ICA (2,400 mt), is allocated to the Aleut Corporation for a directed pollock fishery. In the AI
subarea, the A season is allocated up to 40 percent of the AI pollock ABC.
2 In the Bering Sea subarea, pursuant to § 679.20(a)(5)(i)(C), no more than 28 percent of each sector’s annual DFA may be taken from the
SCA before noon, April 1.
3 Pursuant to § 679.20(a)(5)(i)(A)(4), 8.5 percent of the DFA allocated to listed 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 CPs are limited to harvesting not more than 0.5 percent of the C/P 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 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 no more than 30 percent, in
Area 542 no more than 15 percent, and in Area 543 no more than 5 percent of the Aleutian Islands pollock ABC.
8 Pursuant to § 679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The amounts specified are for incidental catch
only and are not apportioned by season or sector.
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 sectors, and the jig
gear allocation (Table 3). 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 Eastern Aleutian District
and Bering Sea subarea 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 the
anticipated harvest capacity of the jig
gear fleet. The Council recommended,
and NMFS proposes, a 0.5 percent
allocation of the Atka mackerel TAC in
the Eastern Aleutian District and Bering
Sea subarea to jig gear in 2022 and 2023.
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 trawl CDQ Atka mackerel
fishing. The ICA and jig gear allocations
are not apportioned by season.
Sections 679.20(a)(8)(ii)(C)(1)(i) and
(ii) limit Atka mackerel catch within
waters 0 nautical miles (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
TAC 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 nm 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.
Table 3 lists the proposed 2022 and
2023 Atka mackerel season allowances,
area allowances, and the sector
allocations. One Amendment 80
cooperative has formed for the 2022
fishing year. Because all Amendment 80
vessels are part of the cooperative, no
allocation to the Amendment 80 limited
access sector is required for 2022. The
2023 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, 2022.
NMFS will post the 2023 Amendment
80 cooperatives and Amendment 80
limited access sector allocations on the
Alaska Region website at https://
www.fisheries.noaa.gov/alaska/
sustainable-fisheries/sustainablefisheries-alaska prior to the start of the
fishing year on January 1, 2023, based
on the harvest specifications effective
on that date.
jspears on DSK121TN23PROD with PROPOSALS1
TABLE 3—PROPOSED 2022 AND 2023 SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, CDQ RESERVE, INCIDENTAL
CATCH ALLOWANCE (ICA), AND AMENDMENT 80 ALLOCATIONS OF THE BSAI ATKA MACKEREL TAC
[Amounts are in metric tons]
2022 and 2023 allocation by area
Eastern
Aleutian
District/
Bering Sea
Sector 1
Season 2 3 4
TAC .......................................................................
n/a .........................................................................
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E:\FR\FM\03DEP1.SGM
23,880
03DEP1
Central
Aleutian
District 5
14,330
Western
Aleutian
District 5
19,507
68614
Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Proposed Rules
TABLE 3—PROPOSED 2022 AND 2023 SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, CDQ RESERVE, INCIDENTAL
CATCH ALLOWANCE (ICA), AND AMENDMENT 80 ALLOCATIONS OF THE BSAI ATKA MACKEREL TAC—Continued
[Amounts are in metric tons]
2022 and 2023 allocation by area
Eastern
Aleutian
District/
Bering Sea
Sector 1
Season 2 3 4
CDQ reserve .........................................................
Total ......................................................................
A ...........................................................................
Critical habitat 5 .....................................................
B ...........................................................................
Critical habitat 5 .....................................................
n/a .........................................................................
Total ......................................................................
Total ......................................................................
Total ......................................................................
A ...........................................................................
Critical habitat 5 .....................................................
B ...........................................................................
Critical habitat 5 .....................................................
Total ......................................................................
A ...........................................................................
Critical habitat 5 .....................................................
B ...........................................................................
Critical habitat 5 .....................................................
non-CDQ TAC ......................................................
ICA ........................................................................
Jig 6 .......................................................................
BSAI trawl limited access .....................................
Amendment 80 7 ...................................................
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
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
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 the 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; § 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
§ 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) requires that up to 2 percent of the Eastern Aleutian District and Bering Sea subarea TAC be allocated to
jig gear after subtraction of the CDQ reserves and ICAs. The proposed amount of this allocation is 0.5 percent. The jig gear allocation is not apportioned by season.
7 The 2023 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, 2022.
jspears on DSK121TN23PROD with PROPOSALS1
Allocation of the Pacific Cod TAC
The Council separated BS and AI
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 BS and
AI 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 directed fishing for nonCDQ Pacific cod in that subarea, as
provided in § 679.20(d)(1)(iii).
Section 679.20(a)(7)(i) and (ii) allocate
to the non-CDQ sectors the combined
BSAI Pacific cod TAC, after subtracting
10.7 percent for the CDQ Program, as
follows: 1.4 percent to vessels using jig
gear, 2.0 percent to hook-and-line or pot
CVs less than 60 ft (18.3 m) length
overall (LOA), 0.2 percent to hook-and-
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line CVs greater than or equal to 60 ft
(18.3 m) LOA, 48.7 percent to hook-andline 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 the
Amendment 80 sector, and 22.1 percent
to trawl CVs. The BSAI ICA for the
hook-and-line and pot sectors will be
deducted from the aggregate portion of
BSAI Pacific cod TAC allocated to the
hook-and-line and pot sectors. For 2022
and 2023, the Regional Administrator
proposes a BSAI ICA of 400 mt, based
on anticipated incidental catch by these
sectors in other fisheries.
The BSAI 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 2022
fishing year. Because all Amendment 80
vessels are part of the cooperative, no
allocation to the Amendment 80 limited
access sector is required for 2022. The
2023 allocations for Pacific cod between
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Sfmt 4702
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, 2022.
NMFS will post the 2023 Amendment
80 cooperatives and Amendment 80
limited access allocations on the Alaska
Region website at https://
www.fisheries.noaa.gov/alaska/
sustainable-fisheries/sustainablefisheries-alaska prior to the start of the
fishing year on January 1, 2023, based
on the harvest specifications effective
on that date.
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 Pacific cod seasonal
allowance for any sector, except the jig
sector, will become available at the
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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 has preliminarily
determined for 2022 and 2023 that the
estimated amount of Pacific cod
abundance in Area 543 is 15.7 percent
of total AI abundance. NMFS will first
subtract the State GHL Pacific cod
amount from the AI Pacific cod ABC.
Then NMFS will determine the harvest
limit in Area 543 by multiplying the
percentage of Pacific cod estimated in
Area 543 (15.7 percent) by the
remaining ABC for AI Pacific cod. Based
on these calculations, which rely on the
2020 stock assessment, the proposed
Area 543 harvest limit is 2,166 mt.
However, the final Area 543 harvest
limit could change if the Pacific cod
abundance in Area 543 changes based
on the stock assessment in the final
2021 SAFE report.
On March 21, 2019, the final rule
adopting Amendment 113 to the FMP
(81 FR 84434, November 23, 2016) was
68615
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 proposed rule is not specifying
amounts for the AI Pacific Cod Catcher
Vessel Harvest Set-Aside Program (see
§ 679.20(a)(7)(viii)).
Table 4 lists the CDQ and non-CDQ
seasonal allowances by gear based on
the proposed 2022 and 2023 Pacific cod
TACs; the sector allocations of Pacific
cod; and the seasons set forth at
§ 679.23(e)(5).
TABLE 4—PROPOSED 2022 AND 2023 SECTOR ALLOCATIONS AND SEASONAL ALLOWANCES OF THE BSAI 1 PACIFIC COD
TAC
[Amounts are in metric tons]
Sector
Percent
2022 and 2023
share of gear
sector total
2022 and 2023
share of
sector total
Total Bering Sea TAC .....................................
Bering Sea CDQ .............................................
Bering Sea non-CDQ TAC ..............................
Total Aleutian Islands TAC .............................
Aleutian Islands CDQ ......................................
Aleutian Islands non-CDQ TAC ......................
Western Aleutians Islands 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/processors ...................
n/a
n/a
n/a
n/a
n/a
n/a
n/a
100.0
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
n/a
58,699
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
400
n/a
47,017
Hook-and-line catcher vessels ≥60 ft LOA .....
0.2
n/a
193
Pot catcher/processors ....................................
1.5
n/a
1,448
Pot catcher vessels ≥60 ft LOA ......................
8.4
n/a
8,110
Catcher vessels <60 ft LOA using hook-andline or pot gear.
Trawl catcher vessels ......................................
2.0
n/a
1,931
22.1
21,482
n/a
AFA trawl catcher/processors .........................
2.3
2,236
n/a
Amendment 80 ................................................
13.4
13,025
n/a
Jig ....................................................................
1.4
1,361
n/a
2022 and 2023 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 ..................................
n/a ..................................
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
jspears on DSK121TN23PROD with PROPOSALS1
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
subtraction of the reserve for the CDQ Program. If the TAC for Pacific cod in either the BS or AI is or will be reached, then directed fishing will
be prohibited for non-CDQ Pacific cod in that subarea, 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 proposes an ICA of 400 mt based on anticipated incidental catch by these sectors in other fisheries.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Sablefish Gear Allocation
Section 679.20(a)(4)(iii) and (iv)
require allocation of sablefish TAC for
the BS and AI between trawl gear and
hook-and-line or pot gear. Gear
allocations of the sablefish TAC for the
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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
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NMFS apportion 20 percent of the hookand-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 7.5
percent of the trawl gear allocation of
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sablefish TAC from the nonspecified
reserve, established under
§ 679.20(b)(1)(i), be apportioned to the
CDQ reserve. The Council
recommended that only trawl sablefish
TAC be established biennially. The
harvest specifications for the hook-andline or pot gear sablefish Individual
Fishing Quota (IFQ) fisheries are limited
to the 2022 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 5 lists the
proposed 2022 and 2023 gear
allocations of the sablefish TAC and
CDQ reserve amounts.
TABLE 5—PROPOSED 2022 AND 2023 GEAR SHARES AND CDQ RESERVE OF BSAI SABLEFISH TACS
[Amounts are in metric tons]
Percent
of TAC
Subarea and gear
2022
Share of TAC
2022
CDQ reserve
2022
ITAC 1
2023
Share of TAC
2023
ITAC
2023
CDQ reserve
Bering Sea:
Trawl ......................................................
Hook-and-line gear/pot 2 ........................
50
50
2,432
2,432
2,067
n/a
182
486
2,432
n/a
2,067
n/a
182
n/a
Total ................................................
100
4,863
2,067
669
2,432
2,067
182
Aleutian Islands:
Trawl ......................................................
Hook-and-line gear/pot 2 ........................
25
75
1,265
3,796
1,075
n/a
95
759
1,265
n/a
1,075
n/a
95
n/a
Total ................................................
100
5,061
1,075
854
1,265
1,075
95
1 For
the sablefish TAC allocated to vessels using trawl gear, 15 percent of TAC is apportioned to the nonspecified reserve (§ 679.20(b)(1)(i)). The ITAC is the remainder of the TAC after the subtraction of this reserve. In the BS and AI, 7.5 percent of the trawl gear allocation of TAC is assigned from the nonspecified reserve to
the CDQ reserve (§ 679.20(b)(1)(ii)(D)(1)).
2 For the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the allocated TAC is reserved for use by CDQ participants
(§ 679.20(b)(1)(ii)(B)). The Council recommended that specifications for the hook-and-line and 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
Section 679.20(a)(10)(i) and (ii)
require that NMFS allocate AI Pacific
ocean perch, and BSAI flathead sole,
rock sole, and yellowfin sole TACs
between the Amendment 80 sector and
the BSAI trawl limited access sector,
after subtracting 10.7 percent for the
CDQ reserves and amounts for ICAs for
the BSAI trawl limited access sector and
vessels using non-trawl gear. The
allocation of the ITAC for AI Pacific
ocean perch, and BSAI flathead sole,
rock sole, and yellowfin sole to the
Amendment 80 sector is established in
Tables 33 and 34 to 50 CFR part 679 and
in § 679.91.
One Amendment 80 cooperative has
formed for the 2022 fishing year.
Because all Amendment 80 vessels are
part of the cooperative, no allocation to
the Amendment 80 limited access sector
is required for 2022. The 2023
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, 2022.
NMFS will post the 2023 Amendment
80 cooperatives and Amendment 80
limited access sector allocations on the
Alaska Region website at https://
www.fisheries.noaa.gov/alaska/
sustainable-fisheries/sustainablefisheries-alaska prior to the start of the
fishing year on January 1, 2023, based
on the harvest specifications effective
on that date. Table 6 lists the proposed
2022 and 2023 allocations of the AI
Pacific ocean perch, and BSAI flathead
sole, rock sole, and yellowfin sole TACs.
TABLE 6—PROPOSED 2022 AND 2023 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH
AMOUNTS (ICAS), AND AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI
FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE TACS
[Amounts are in metric tons]
2022 and 2023 allocations
Pacific ocean perch
Sector
jspears on DSK121TN23PROD with PROPOSALS1
Eastern
Aleutian
District
TAC ......................................................................
CDQ .....................................................................
ICA .......................................................................
BSAI trawl limited access sector .........................
Amendment 80 1 ..................................................
Central
Aleutian
District
8,041
860
100
708
6,373
5,919
633
60
523
4,703
Western
Aleutian
District
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
1 The 2023 allocations between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until eligible participants apply for participation in the program by November 1, 2022.
Section 679.2 defines the ABC surplus
for flathead sole, rock sole, and
yellowfin sole as the difference between
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the annual ABC and TAC for each
species. Section 679.20(b)(1)(iii)
establishes ABC reserves for flathead
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sole, rock sole, and yellowfin sole. The
ABC surpluses and the ABC reserves are
necessary to mitigate the operational
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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 and are
allocated to each Amendment 80
cooperative pursuant to § 679.91(i)(2),
which establishes each Amendment 80
68617
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 7 lists the
proposed 2022 and 2023 ABC surplus
and ABC reserves for BSAI flathead
sole, rock sole, and yellowfin sole.
TABLE 7—PROPOSED 2022 AND 2023 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]
Flathead sole 1
Sector
ABC ....................................................................................................................................
TAC ....................................................................................................................................
ABC surplus .......................................................................................................................
ABC reserve ......................................................................................................................
CDQ ABC reserve .............................................................................................................
Amendment 80 ABC reserve .............................................................................................
Rock sole 1
64,119
25,000
39,119
39,119
4,186
34,933
206,605
54,500
152,105
152,105
16,275
135,830
Yellowfin sole 1
344,140
200,000
144,140
144,140
15,423
128,717
jspears on DSK121TN23PROD with PROPOSALS1
1 The 2023 allocations between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until eligible participants apply for participation in the program by November 1, 2022.
Proposed PSC Limits for Halibut,
Salmon, Crab, and Herring
Section 679.21(b), (e), (f), and (g) set
forth the BSAI PSC limits. Pursuant to
§ 679.21(b)(1), the annual BSAI halibut
PSC limits total 3,515 mt. Section
679.21(b)(1) allocates 315 mt of the
halibut PSC limit as the PSQ reserve for
use by the groundfish CDQ Program,
1,745 mt of the halibut PSC limit for the
Amendment 80 sector, 745 mt of the
halibut PSC limit for the BSAI trawl
limited access sector, and 710 mt of the
halibut PSC limit for the BSAI non-trawl
sector.
Section 679.21(b)(1)(iii)(A) and (B)
authorize apportionment of the BSAI
non-trawl halibut PSC limit into PSC
allowances among six fishery categories,
and § 679.21(b)(1)(ii)(A) and (B),
(e)(3)(i)(B), and (e)(3)(iv) require
apportionment of the BSAI trawl limited
access sector’s halibut and crab PSC
limits into PSC allowances among seven
fishery categories. Table 10 lists the
proposed fishery PSC allowances for the
BSAI trawl limited access sector
fisheries, and Table 11 lists the
proposed fishery PSC allowances for the
non-trawl fisheries.
Pursuant to Section 3.6 of the FMP,
the Council recommends, and NMFS
proposes, that certain specified nontrawl fisheries be exempt from the
halibut PSC limit. As in past years, after
consultation with the Council, NMFS
proposes to exempt 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)
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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 legal-size halibut to 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)).
As of October 18, 2021, total
groundfish catch for the pot gear fishery
in the BSAI was 32,658 mt, with an
associated halibut bycatch mortality of 7
mt. The 2021 jig gear fishery harvested
about 20 mt of groundfish. Most vessels
in the jig gear fleet are exempt from
observer coverage requirements. As a
result, observer data are not available on
halibut bycatch in the jig gear fishery.
As mentioned above, NMFS estimates a
negligible amount of halibut bycatch
mortality because of the selective nature
of jig gear and the low mortality rate of
halibut caught with jig gear and
released.
Under § 679.21(f)(2), NMFS annually
allocates portions of either 33,318,
45,000, 47,591, or 60,000 Chinook
salmon PSC limits among the AFA
sectors, depending on past bycatch
performance, on whether Chinook
salmon bycatch incentive plan
agreements (IPAs) are formed, and on
whether NMFS determines it is a low
Chinook salmon abundance year. NMFS
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Sfmt 4702
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
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).
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NMFS has determined that 2021 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 2022, 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 allocations
are also seasonally apportioned with 70
percent of the allocation for the A
season pollock fishery, and 30 percent
of the allocation for the B season
pollock fishery (§§ 679.21(f)(3)(i) and
679.23(e)(2)). In 2022, the Chinook
salmon bycatch performance standard
under § 679.21(f)(6) is 33,318 Chinook
salmon, allocated to each sector as
specified in § 679.21(f)(3)(iii)(D). NMFS
publishes the approved IPAs,
allocations, and reports at https://
www.fisheries.noaa.gov/alaska/
sustainable-fisheries/sustainablefisheries-alaska.
Section 679.21(g)(2)(i) specifies 700
fish as the 2022 and 2023 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 2022 and 2023 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. Due to the lack
of new information as of October 2021
regarding herring PSC limits and
apportionments, the Council
recommended, and NMFS proposes,
basing the proposed herring 2022 and
2023 PSC limits and apportionments on
the 2020 survey data. The Council will
reconsider these amounts in December
2021. Section 679.21(e)(3)(i)(A)(1)
allocates 10.7 percent of each trawl gear
PSC limit specified for crab as a PSQ
reserve for use by the groundfish CDQ
Program.
Based on the most recent (2021)
survey data, the red king crab mature
female abundance is estimated at 6.432
million red king crabs, and the effective
spawning biomass is estimated at 20,862
million lbs (9,463 mt). Based on the
criteria set out at § 679.21(e)(1)(i), the
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proposed 2022 and 2023 PSC limit of
red king crab in Zone 1 for trawl gear
is 32,000 animals. This limit derives
from the mature female abundance
estimate below 8.4 million red king
crab.
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 State’s Department of
Fish and Game (ADF&G) and NMFS
have reviewed the final 2021 NMFS
trawl survey data for the Bristol Bay red
king crab stock. The stock is estimated
to be below the regulatory threshold for
opening a fishery. Therefore, the State
did not establish a GHL for the Bristol
Bay red king crab fishery, and the
fishery will remain closed for the 2021/
2022 crab season. Also, NMFS and the
Council will not specify an amount of
the red king crab bycatch limit, annually
established under § 679.21(e)(1)(i), for
the RKCSS. Therefore, NMFS will close
directed fishing for vessels using nonpelagic trawl gear in the RKCSS for
2022. NMFS and the Council will assess
the RKCSS closure for 2023 if the State’s
ADF&G establishes a GHL for the 2022/
2023 red king crab fishery in the Bristol
Bay area.
Based on the most recent (2021)
survey data from the NMFS annual
bottom trawl survey, Tanner crab
(Chionoecetes bairdi) abundance is
estimated at 385 million animals.
Pursuant to criteria set out at
§ 679.21(e)(1)(ii), the calculated 2022
and 2023 C. bairdi crab PSC limit for
trawl gear is 830,000 animals in Zone 1,
and 2,520,000 animals in Zone 2. The
limit in Zone 1 is based on the
abundance of C. bairdi (estimated at 385
million animals), which is over 270
million to 400 million animals. The
limit in Zone 2 is based on the
abundance of C. bairdi (estimated at 385
million animals), which is over 290
million to 400 million animals.
Pursuant to § 679.21(e)(1)(iii), the PSC
limit for trawl gear for snow crab (C.
opilio) is based on total abundance as
indicated by the NMFS annual bottom
trawl survey. The C. opilio crab PSC
limit in the C. opilio bycatch limitation
zone (COBLZ) is set at 0.1133 percent of
the Bering Sea abundance index minus
150,000 crabs, unless a minimum or
maximum PSC limit applies. Based on
the most recent (2021) survey estimate
of 1.42 billion animals, the calculated C.
opilio crab PSC limit is 1,608,860
animals. Because 0.1133 percent
multiplied by the total abundance is less
than 4.5 million, the minimum PSC
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Fmt 4702
Sfmt 4702
limit applies and the PSC limit will be
4.350 million animals.
Pursuant to § 679.21(e)(1)(v), the PSC
limit of Pacific herring caught while
conducting any trawl operation for BSAI
groundfish is 1 percent of the annual
eastern Bering Sea herring biomass. The
best estimate of 2022 and 2023 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 proposed for 2022 and
2023 is 2,723 mt for all trawl gear as
listed in Tables 8 and 9.
Section 679.21(e)(3)(i)(A) requires that
PSQ reserves be subtracted from the
total trawl PSC limits. The 2022 crab
and halibut PSC limits assigned to the
Amendment 80 and BSAI trawl limited
access sectors are listed in Table 35 to
50 CFR part 679. The resulting proposed
allocations of crab and halibut PSC
limits to CDQ PSQ, the Amendment 80
sector, and the BSAI trawl limited
access sector are listed in Table 8.
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 quotas. Crab and halibut
PSC cooperative quotas assigned to
Amendment 80 cooperatives are not
allocated to specific fishery categories.
One Amendment 80 cooperative has
formed for the 2022 fishing year.
Because all Amendment 80 vessels are
part of the cooperative, no PSC limit
allocation to the Amendment 80 limited
access sector is required for 2022. The
2023 PSC limit allocations between
Amendment 80 cooperatives and the
Amendment 80 limited access sector
will not be known until eligible
participants apply for participation in
the program by November 1, 2022.
NMFS will post the 2023 Amendment
80 cooperatives and Amendment 80
limited access sector allocations on the
Alaska Region website at https://
www.fisheries.noaa.gov/alaska/
sustainable-fisheries/sustainablefisheries-alaska prior to the start of the
fishing year on January 1, 2023, based
on the harvest specifications effective
on that date.
Section 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 non-trawl, BSAI
trawl limited access, and Amendment
80 limited access sectors to maximize
the ability of the fleet to harvest the
available groundfish TAC and to
minimize bycatch. The factors
considered are (1) seasonal distribution
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Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Proposed Rules
of prohibited species, (2) seasonal
distribution of target groundfish species
relative to prohibited species
distribution, (3) prohibited species
bycatch needs on a seasonal basis
relevant to prohibited species biomass
and expected catches of target
groundfish species, (4) expected
this criteria, the Council recommended,
and NMFS proposes, the seasonal PSC
apportionments in Tables 10 and 11 to
maximize harvest among gear types,
fisheries, and seasons, while
minimizing bycatch of PSC.
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
TABLE 8—PROPOSED 2022 AND 2023 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 1
Total PSC
Halibut mortality (mt) BSAI ..................
Herring (mt) BSAI ................................
Red king crab (animals) Zone 1 ..........
C. opilio (animals) COBLZ ...................
C. bairdi crab (animals) Zone 1 ...........
C. bairdi crab (animals) Zone 2 ...........
Non-trawl
PSC
3,515
2,723
32,000
4,350,000
830,000
2,520,000
CDQ PSQ
reserve 2
710
n/a
n/a
n/a
n/a
n/a
315
n/a
3,424
465,450
88,810
269,640
Trawl PSC
remaining
after CDQ
PSQ
n/a
n/a
28,576
3,884,550
741,190
2,250,360
Amendment
80 sector 3
BSAI trawl
limited
access sector
1,745
n/a
14,282
1,909,256
312,115
532,660
745
n/a
8,739
1,248,494
348,285
1,053,394
BSAI PSC
limits not
allocated 2
n/a
n/a
5,555
726,799
80,790
664,306
1 Refer
to § 679.2 for definitions of zones.
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.
2 The
TABLE 9—PROPOSED 2022 AND 2023 HERRING AND RED KING CRAB SAVINGS SUBAREA PROHIBITED SPECIES CATCH
ALLOWANCES FOR ALL TRAWL SECTORS
Herring
(mt)
BSAI
Fishery categories
Red king crab
(animals)
Zone 1
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 ..............................................................................................................
2022 Red king crab savings subarea non-pelagic trawl gear 4 ..........................................................................
2023 Red king crab savings subarea non-pelagic trawl gear 5 ..........................................................................
118
58
8
8
14
2,472
45
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
8,000
Total trawl PSC ............................................................................................................................................
2,723
32,000
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 Section 679.21(e)(3)(ii)(B) establishes criteria under which an annual red king crab bycatch limit must be specified 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. Based on the
final 2021 NMFS trawl survey data for the Bristol Bay red king crab stock, the State of Alaska closed the Bristol Bay red king crab fishery for the
2021/2022 crab season. NMFS and the Council will not specify the red king crab bycatch limit for the RKCSS in 2022, and pursuant to
§ 679.21(e)(3)(ii)(B)(1) directed fishing for groundfish is prohibited for vessels using non-pelagic trawl gear in the RKCSS for 2022.
5 If the Bristol Bay red king crab fishery remains closed in the 2022/2023 crab season, the RKCSS specification will be zero. If the Bristol Bay
red king crab fishery is open in the 2022/2023 crab season, NMFS, after consultation with the Council, will specify an annual red king crab bycatch limit for the RKCSS, which is limited by regulation to up to 25 percent of the red king crab PSC allowance (§ 679.21(e)(3)(ii)(B)(2)).
Note: Species apportionments may not total precisely due to rounding.
TABLE 10—PROPOSED 2022 AND 2023 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL LIMITED
ACCESS SECTOR
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Prohibited species and area 1
BSAI trawl limited access
sector fisheries
Halibut
mortality (mt)
BSAI
Yellowfin sole .................................................................................
Rock sole/flathead sole/other flatfish 2.
Greenland turbot/arrowtooth flounder/Kamchatka flounder/sablefish.
Rockfish April 15–December 31 ....................................................
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Red king crab
(animals)
Zone 1
C. opilio
(animals)
COBLZ
C. bairdi
(animals)
Zone 1
Zone 2
150
7,700
1,192,179
293,234
1,005,879
4
..........................
1,006
....................
849
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Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Proposed Rules
TABLE 10—PROPOSED 2022 AND 2023 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL LIMITED
ACCESS SECTOR—Continued
Prohibited species and area 1
BSAI trawl limited access
sector fisheries
Red king crab
(animals)
Halibut
mortality (mt)
BSAI
Zone 1
C. opilio
(animals)
COBLZ
C. bairdi
(animals)
Zone 1
Zone 2
Pacific cod ......................................................................................
Pollock/Atka mackerel/other species 3 ...........................................
391
200
975
65
50,281
5,028
50,816
4,235
42,424
4,243
Total BSAI trawl limited access sector PSC ..........................
745
8,739
1,248,494
348,285
1,053,394
1 Refer
to § 679.2 for definitions of areas and zones.
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: Species apportionments may not total precisely due to rounding.
2 ‘‘Other
TABLE 11—PROPOSED 2022 AND 2023 HALIBUT PROHIBITED SPECIES BYCATCH ALLOWANCES FOR NON-TRAWL
FISHERIES
Halibut mortality (mt) BSAI
Catcher
vessel
Seasons
Pacific cod .......................................................
Non-Pacific cod non-trawl-Total ......................
Groundfish pot and jig ....................................
Sablefish hook-and-line ..................................
Annual 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
Halibut Discard Mortality Rates
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Catcher/
processor
Non-trawl fisheries
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
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the Council’s directive. An interagency
halibut working group (International
Pacific Halibut Commission, 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
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All non-trawl
DMRs that more accurately reflect
halibut mortality, which will inform the
different sectors of their estimated
halibut mortality and allow specific
sectors to respond with methods that
could reduce mortality and, eventually,
the DMR for that sector.
In October 2021, the Council
recommended halibut DMRs derived
from the revised methodology for the
proposed 2022 and 2023 DMRs. The
proposed 2022 and 2023 DMRs use an
updated 2-year reference period.
Comparing the proposed 2022 and 2023
DMRs to the final DMRs from the 2021
and 2022 harvest specifications, the
DMR for pelagic trawl gear remained at
100 percent, the DMR for motherships
and CPs using non-pelagic trawl gear
remained at 84 percent, the DMR for
CVs using non-pelagic trawl gear
increased to 62 percent from 59 percent,
the DMR for CPs using hook-and-line
gear increased to 10 percent from 9
percent, the DMR for CVs using hookand-line gear increased to 10 percent
from 9 percent, and the DMR for pot
gear increased to 33 percent from 32
percent. Table 12 lists the proposed
2022 and 2023 DMRs.
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68621
TABLE 12—PROPOSED 2022 AND 2023 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 vessel .........................................................................
Catcher/processor ...................................................................
All .............................................................................................
Listed AFA CP 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). NMFS proposes to
exempt AFA CPs from a yellowfin sole
sideboard limit pursuant to
§ 679.64(a)(1)(v) because the proposed
2022 and 2023 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 13 that are caught
100
84
62
10
10
33
by listed AFA CPs participating in any
groundfish fishery other than pollock
will accrue against the proposed 2022
and 2023 PSC sideboard limits for the
listed AFA CPs. Section
679.21(b)(4)(iii), (e)(3)(v), and (e)(7)
authorize NMFS to close directed
fishing for groundfish other than
pollock for listed AFA CPs once a
proposed 2022 or 2023 PSC sideboard
limit listed in Table 13 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 13—PROPOSED 2022 AND 2023 BSAI AMERICAN FISHERIES ACT LISTED CATCHER/PROCESSOR PROHIBITED
SPECIES SIDEBOARD LIMITS
Ratio of PSC
to total PSC
PSC species and area 1
BSAI Halibut mortality ............................................................................................
Red king crab Zone 1 ............................................................................................
C. opilio (COBLZ) ..................................................................................................
C. bairdi Zone 1 .....................................................................................................
C. bairdi Zone 2 .....................................................................................................
1 Refer
Proposed 2022
and 2023 PSC
available to
trawl vessels
after subtraction
of PSQ 2
n/a
0.007
0.153
0.140
0.050
n/a
28,576
3,884,550
741,190
2,250,360
Proposed 2022
and 2023 CP
sideboard limit 2
286
200
594,336
103,767
112,518
to § 679.2 for definitions of areas and zones.
amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
2 Halibut
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AFA CV Sideboard Limits
Pursuant to § 679.64(b), the Regional
Administrator is responsible for
restricting the ability of AFA CVs to
engage in directed fishing for groundfish
species other than pollock to protect
participants in other groundfish
fisheries from adverse effects resulting
from the AFA and from fishery
cooperatives in the pollock directed
fishery. On February 8, 2019, NMFS
published a final rule (84 FR 2723) that
implemented regulations to prohibit
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non-exempt AFA CVs 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). The remainder of the
sideboard limits for non-exempt AFA
CVs are proposed in Table 14.
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
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the major provisions of the AFA (67 FR
79692, December 30, 2002) and
Amendment 80 (72 FR 52668,
September 14, 2007). NMFS proposes to
exempt AFA CVs from a yellowfin sole
sideboard limit pursuant to
§ 679.64(b)(6) because the proposed
2022 and 2023 aggregate ITAC of
yellowfin sole assigned to the
Amendment 80 sector and BSAI trawl
limited access sector is greater than
125,000 mt. Table 14 lists the proposed
2022 and 2023 AFA CV sideboard
limits.
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Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Proposed Rules
TABLE 14—PROPOSED 2022 AND 2023 BSAI PACIFIC COD SIDEBOARD LIMITS FOR AMERICAN FISHERIES ACT CATCHER
VESSELS (CVS)
[Amounts are in metric tons]
Ratio of 1997
AFA CV catch
to TAC
Fishery by area/gear/season
BSAI ...................................................................................................................................
Trawl gear CV ....................................................................................................................
Jan 20–Apr 1 ..............................................................................................................
Apr 1–Jun 10 ..............................................................................................................
Jun 10–Nov 1 .............................................................................................................
2022 and 2023
initial TAC
n/a
n/a
0.8609
0.8609
0.8609
n/a
n/a
15,896
2,363
3,222
2022 and 2023
AFA
catcher vessel
sideboard limits
n/a
n/a
13,685
2,034
2,774
Note: As proposed, § 679.64(b)(6) would exempt AFA CVs from a yellowfin sole sideboard limit because the proposed 2022 and 2023 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 15 that are caught by AFA CVs
participating in any groundfish fishery
other than pollock will accrue against
the 2022 and 2023 PSC sideboard limits
for the AFA CVs. Section
679.21(b)(4)(iii), (e)(3)(v), and (e)(7)
authorize NMFS to close directed
fishing for groundfish other than
pollock for AFA CVs once a proposed
2022 and 2023 PSC sideboard limit
listed in Table 15 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 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 15—PROPOSED 2022 AND 2023 AMERICAN FISHERIES ACT CATCHER VESSEL PROHIBITED SPECIES CATCH
SIDEBOARD LIMITS FOR THE BSAI 1
PSC species and
area 1
Target fishery
Halibut ....................................................
Red king crab Zone 1 ............................
C. opilio COBLZ .....................................
C. bairdi Zone 1 .....................................
C. bairdi Zone 2 .....................................
category 2
AFA catcher
vessel
PSC sideboard
limit ratio
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 flounder/
Kamchatka flounder/sablefish.
Rockfish .................................................
Pollock/Atka mackerel/other species 5 ..
n/a .........................................................
n/a .........................................................
n/a .........................................................
n/a .........................................................
Proposed 2022
and 2023 PSC
limit after
subtraction of
PSQ reserves 3
Proposed 2022
and 2023 AFA
catcher vessel
PSC sideboard
limit 3
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
887
2
101
228
n/a
n/a
..............................
n/a
n/a
0.2990
0.1680
0.3300
0.1860
n/a
n/a
28,576
3,884,550
741,190
2,250,360
2
5
8,544
652,604
244,593
418,567
1 Refer
to § 679.2 for definitions of areas and zones.
fishery categories are defined at § 679.21(b)(1)(ii)(B) and (e)(3)(iv).
amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
4 ‘‘Other flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder,
flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
5 ‘‘Other species’’ for PSC monitoring includes skates, sharks, and octopuses.
2 Target
3 Halibut
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Classification
NMFS has determined that the
proposed harvest specifications are
consistent with the FMP and
preliminarily determined that the
proposed harvest specifications are
consistent with the Magnuson-Stevens
Act and other applicable laws, subject to
further review after public comment.
This action is authorized under 50
CFR 679.20 and is exempt from review
under Executive Order 12866.
NMFS prepared an EIS for the Alaska
groundfish harvest specifications and
alternative harvest strategies (see
ADDRESSES) and made it available to the
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public on January 12, 2007 (72 FR
1512). On February 13, 2007, NMFS
issued the ROD for the Final EIS. A SIR
is being prepared for the final 2022 and
2023 harvest specifications to provide a
subsequent assessment of the action and
to address the need to prepare a
Supplemental EIS (40 CFR 1501.11(b);
§ 1502.9(d)(1)). Copies of the Final EIS,
ROD, and annual SIRs for this action are
available from NMFS (see ADDRESSES).
The Final EIS analyzes the
environmental, social, and economic
consequences of the proposed
groundfish harvest specifications and
alternative harvest strategies on
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resources in the action area. Based on
the analysis in the Final EIS, NMFS
concluded that the preferred alternative
(Alternative 2) provides the best balance
among relevant environmental, social,
and economic considerations and
allows for continued management of the
groundfish fisheries based on the most
recent, best scientific information.
Initial Regulatory Flexibility Analysis
This Initial Regulatory Flexibility
Analysis (IRFA) was prepared for this
proposed rule, as required by Section
603 of the Regulatory Flexibility Act
(RFA) (5 U.S.C. 603), to describe the
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jspears on DSK121TN23PROD with PROPOSALS1
economic impact this proposed rule, if
adopted, would have on small entities.
The IRFA describes the action; the
reasons why this proposed rule is
proposed; the objectives and legal basis
for this proposed rule; the estimated
number and description of directly
regulated small entities to which this
proposed rule would apply; the
recordkeeping, reporting, and other
compliance requirements of this
proposed rule; and the relevant Federal
rules that may duplicate, overlap, or
conflict with this proposed rule. The
IRFA also describes significant
alternatives to this proposed rule that
would accomplish the stated objectives
of the Magnuson-Stevens Act, and any
other applicable statutes, and that
would minimize any significant
economic impact of this proposed rule
on small entities. The description of the
proposed action, its purpose, and the
legal basis are explained earlier in the
preamble and are not repeated here.
For RFA purposes only, NMFS has
established a small business size
standard for businesses, including their
affiliates, whose primary industry is
commercial fishing (see 50 CFR 200.2).
A business primarily engaged in
commercial fishing (NAICS code 11411)
is classified as a small business if it is
independently owned and operated, is
not dominant in its field of operation
(including its affiliates), and has
combined annual gross receipts not in
excess of $11 million for all its affiliated
operations worldwide. A shoreside
processor primarily involved in seafood
processing (NAICS code 311710) is
classified as a small business if it is
independently owned and operated, is
not dominant in its field of operation
(including its affiliates), and has
combined annual employment, counting
all individuals employed on a full-time,
part-time, or other basis, not in excess
of 750 employees for all its affiliated
operations worldwide.
Number and Description of Small
Entities Regulated by This Proposed
Rule
The entities directly regulated by the
groundfish harvest specifications
include: (a) Entities operating vessels
with groundfish Federal fisheries
permits (FFPs) catching FMP groundfish
in Federal waters (including those
receiving direction allocations of
groundfish); (b) all entities operating
vessels, regardless of whether they hold
groundfish FFPs, catching FMP
groundfish in the state-waters parallel
fisheries; and (c) all entities operating
vessels fishing for halibut inside three
miles of the shore (whether or not they
have FFPs). In 2020 (the most recent
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17:53 Dec 02, 2021
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year of complete data), there were 288
individual CVs and CPs with gross
revenues less than or equal to $11
million as well as six CDQ groups. This
estimate does not account for corporate
affiliations among vessels, and for
cooperative affiliations among fishing
entities, since some of the fishing
vessels operating in the BSAI are
members of AFA inshore pollock
cooperatives, Gulf of Alaska Rockfish
Program cooperatives, or BSAI Crab
Rationalization Program cooperatives.
Vessels that participate in these
cooperatives are considered to be large
entities within the meaning of the RFA
because the aggregate gross receipts of
all participating members exceed the
$11 million threshold. After accounting
for membership in these cooperatives,
there are an estimated 155 small CV and
4 small CP entities remaining in the
BSAI groundfish sector. However, the
estimate of these 155 CVs may be an
overstatement of the number of small
entities. This latter group of vessels had
average gross revenues that varied by
gear type. Average gross revenues for
hook-and-line CVs, pot gear CVs, trawl
gear CVs, hook-and-line CPs, and pot
gear CPs are estimated to be $530,000,
$1.1 million, $2.8 million, $6.6 million,
and $3.1 million, respectively.
Description of Significant Alternatives
That Minimize Adverse Impacts on
Small Entities
The action under consideration is the
proposed 2022 and 2023 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 2022
and 2023 fishing years and is taken in
accordance with the FMP prepared by
the Council pursuant to the MagnusonStevens Act. The establishment of the
proposed harvest specifications is
governed by the Council’s harvest
strategy to govern the catch of
groundfish in the BSAI. This strategy
was selected from among five
alternatives, with the preferred
alternative harvest strategy being one in
which the TACs fall within the range of
ABCs recommended by the SSC. Under
the preferred harvest strategy, TACs are
set to a level that falls within the range
of ABCs recommended by the SSC; the
sum of the TACs must achieve the OY
specified in the FMP. While the specific
numbers that the harvest strategy
produces may vary from year to year,
the methodology used for the preferred
harvest strategy remains constant.
The TACs associated with preferred
harvest strategy are those recommended
by the Council in October 2021. OFLs
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Fmt 4702
Sfmt 4702
68623
and ABCs for the species were based on
recommendations prepared by the
Council’s Plan Team in September 2021,
and reviewed by the Council’s SSC in
October 2021. The Council based its
TAC recommendations on those of its
AP, which were consistent with the
SSC’s OFL and ABC recommendations.
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
million mt, TACs for some species or
species groups are lower than the ABCs
recommended by the Plan Team and the
SSC.
The proposed 2022 and 2023 OFLs
and ABCs are based on the best
available biological information,
including projected biomass trends,
information on assumed distribution of
stock biomass, and revised technical
methods to calculate stock biomass. The
proposed 2022 and 2023 TACs are based
on the best available biological and
socioeconomic information. The
proposed 2022 and 2023 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.
Under this action, the proposed ABCs
reflect harvest amounts that are less
than the specified overfishing levels.
The proposed TACs are within the range
of proposed ABCs recommended by the
SSC and do not exceed the biological
limits recommended by the SSC (the
ABCs and overfishing levels). For some
species and species groups in the BSAI,
the Council recommended, and NMFS
proposes, proposed TACs equal to
proposed 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 two million mt. For this reason, some
proposed TACs are less than the
proposed ABCs. The specific reductions
are reviewed and recommended by the
Council’s AP, and the Council in turn
adopted the AP’s TAC
recommendations for the proposed 2022
and 2023 TACs.
Based upon the best available
scientific data, and in consideration of
the Council’s objectives of this action, it
appears that there are no significant
alternatives to the proposed rule that
have the potential to accomplish the
stated objectives of the MagnusonStevens Act and any other applicable
statutes and that have the potential to
minimize any significant adverse
economic impact of the proposed rule
E:\FR\FM\03DEP1.SGM
03DEP1
68624
Federal Register / Vol. 86, No. 230 / Friday, December 3, 2021 / Proposed Rules
jspears on DSK121TN23PROD with PROPOSALS1
on small entities. This action is
economically beneficial to entities
operating in the BSAI, including small
entities. The action proposes 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 the proposed harvest specifications
would best accomplish the stated
objectives articulated in the preamble
for this proposed rule, and in applicable
statutes, and would minimize to the
VerDate Sep<11>2014
17:53 Dec 02, 2021
Jkt 256001
extent practicable adverse economic
impacts on the universe of directly
regulated small entities.
This action does not modify
recordkeeping or reporting
requirements, or duplicate, overlap, or
conflict with any Federal rules.
This proposed rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
Adverse impacts on marine mammals
or endangered or threatened species
resulting from fishing activities
conducted under these harvest
specifications are discussed in the Final
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EIS and its accompanying annual SIRs
(see ADDRESSES).
Authority: 16 U.S.C. 773 et seq.; 16 U.S.C.
1540(f); 16 U.S.C. 1801 et seq.; 16 U.S.C.
3631 et seq.; Pub. L. 105–277; Pub. L. 106–
31; Pub. L. 106–554; Pub. L. 108–199; Pub.
L. 108–447; Pub. L. 109–241; Pub. L. 109–
479.
Dated: November 29, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021–26180 Filed 12–1–21; 4:15 pm]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 86, Number 230 (Friday, December 3, 2021)]
[Proposed Rules]
[Pages 68608-68624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26180]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No.: 21123-0243; RTID 0648-XY119]
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands; Proposed 2022 and 2023 Harvest Specifications for
Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; harvest specifications and request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes 2022 and 2023 harvest specifications,
apportionments, and prohibited species catch allowances for the
groundfish fisheries of the Bering Sea and Aleutian Islands (BSAI)
management area. This action is necessary to establish harvest limits
for groundfish during the 2022 and 2023 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 2022
harvest specifications supersede those previously set in the final 2021
and 2022 harvest specifications, and the 2023 harvest specifications
will be superseded in early 2023 when the final 2023 and 2024 harvest
specifications are published. The intended effect of this action is to
conserve and manage the groundfish resources in the BSAI in accordance
with the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act).
DATES: Comments must be received by January 3, 2022.
ADDRESSES: Submit your comments, identified by NOAA-NMFS-2020-0141, by
either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter 211123-0243 in the Search box. Click on
the ``Comment'' icon, complete the required fields and enter or attach
your comments.
Mail: Submit written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Records Office. Mail comments to P.O. Box 21668, Juneau, AK
99802-1668.
Instructions: NMFS may not consider comments if they are sent by
any other method, to any other address or individual, or received after
the comment period ends. All comments received are a part of the public
record, and NMFS will post the comments for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
is publicly accessible. NMFS will accept anonymous comments (enter ``N/
A'' in the required fields if you wish to remain anonymous).
Electronic copies of the Alaska Groundfish Harvest Specifications
Final Environmental Impact Statement (Final EIS), Record of Decision
(ROD) for the Final EIS, and the annual Supplementary Information
Reports (SIRs) to the Final EIS prepared for this action are available
from https://www.regulations.gov. An updated 2022 SIR for the final
2022 and 2023 harvest specifications will be available from the same
source. The final 2020 Stock Assessment and Fishery Evaluation (SAFE)
report for the groundfish resources of the BSAI, dated November 2020,
is available from the North Pacific Fishery Management Council
(Council) at 605 West 4th Avenue, Suite 306, Anchorage, AK 99501-2252,
phone 907-271-2809, or from the Council's website at https://www.npfmc.org/. The 2021 SAFE report for the BSAI will be available
from the same source.
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.
SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR part 679
implement the FMP and govern the groundfish fisheries in the BSAI. The
Council prepared the FMP, and NMFS approved it, under the Magnuson-
Stevens Act. General regulations governing U.S. fisheries also appear
at 50 CFR part 600.
The FMP and its implementing regulations require that NMFS, after
consultation with the Council, specify annually the total allowable
catch (TAC) for each target species category. The sum of TACs for all
groundfish species in the BSAI must be within the optimum yield (OY)
range of 1.4 million to 2.0 million metric tons (mt) (see Sec.
679.20(a)(1)(i)(A)). Section 679.20(c)(1) further requires that NMFS
publish proposed harvest specifications in the Federal Register and
solicit public comments on proposed annual TACs and apportionments
thereof; prohibited species catch (PSC) allowances; prohibited species
quota (PSQ) reserves established by 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 Amendment 80 cooperatives for flathead sole, rock sole, and
yellowfin sole. The proposed harvest specifications set forth in Tables
1 through 15 of this action satisfy these requirements.
Under Sec. 679.20(c)(3), NMFS will publish the final 2022 and 2023
harvest specifications after (1) considering comments received within
the comment period (see DATES), (2) consulting with the Council at its
December 2021 meeting, (3) considering information presented in the
2022 SIR to the Final EIS that assesses the need to prepare a
Supplemental EIS (see ADDRESSES), and (4) considering information
presented in the final 2021 SAFE report prepared for the 2022 and 2023
groundfish fisheries.
[[Page 68609]]
Other Actions Affecting or Potentially Affecting the 2022 and 2023
Harvest Specifications
State of Alaska Guideline Harvest Levels
For 2022 and 2023, 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).
The 2021 BS GHL was set at 10 percent of the 2021 BS ABC (86 FR 11449,
February 25, 2021). The State's pot gear BS GHL will increase one
percent annually up to 15 percent of the BS ABC, if at least 90 percent
of the GHL is harvested by November 15 of the preceding year. In 2021,
90 percent of the GHL was harvested by November 15, 2021, which
triggers a 1 percent increase in the GHL in 2022 and results in a 2022
GHL of 11 percent of the proposed Pacific cod BS ABC. If at least 90
percent of the 2022 BS GHL is not harvested by November 15, 2022, then
the 2023 BS GHL will remain at the same percent (11 percent) as the
2022 BS GHL. If 90 percent of the 2022 BS GHL is harvested by November
15, 2022, then the 2023 BS GHL will increase by 1 percent and the 2023
BS TAC will be set to account for the increased BS GHL. Also, for 2022
and 2023, the BOF established an additional GHL for vessels using jig
gear in State waters in the BS equal to 45 mt of Pacific cod. The
Council and its BSAI Groundfish Plan Team (Plan Team), Scientific and
Statistical Committee (SSC), and Advisory Panel (AP) recommended that
the sum of all State and Federal water Pacific cod removals from the BS
not exceed the proposed ABC recommendations for Pacific cod in the BS.
Accordingly, the Council recommended, and NMFS proposes, that the 2022
and 2023 Pacific cod TACs in the BS account for the State's GHLs for
Pacific cod caught in State waters.
For 2022 and 2023, the BOF for the State established the GHL in
State waters in the Aleutian Islands subarea (AI). In 2021, 90 percent
of the GHL has been harvested by November 15, 2021, and results in a
2022 GHL of 39 percent of the proposed Pacific cod AI ABC. The AI GHL
may not exceed 39 percent of the AI ABC or 15 million pounds (6,804
mt). In 2022, 39 percent of the proposed 2022 and 2023 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 proposed
ABC recommendations for Pacific cod in the AI. Accordingly, the Council
recommended, and NMFS proposes, that the 2022 and 2023 Pacific cod TACs
in the AI account for the State's GHL of 6,804 mt for Pacific cod
caught in State waters.
Proposed ABC and TAC Harvest Specifications
In October 2021, the Council's SSC, its AP, and the Council
reviewed the most recent biological and harvest information on the
condition of the BSAI groundfish stocks. The Plan Team compiled and
presented this information in the final 2020 SAFE report for the BSAI
groundfish fisheries, dated November 2020 (see ADDRESSES). The final
2021 SAFE report will be available from the same source.
The proposed 2022 and 2023 harvest specifications are based on the
final 2022 harvest specifications published in February 2021 (86 FR
11449, February 25, 2021), which were set after consideration of the
most recent 2020 SAFE report, and are based on the initial survey data
that were presented at the September 2021 Plan Team meeting. The
proposed 2022 and 2023 harvest specifications in this action are
subject to change in the final harvest specifications to be published
by NMFS following the Council's December 2021 meeting.
In November 2021, the Plan Team will update the 2020 SAFE report to
include new information collected during 2021, such as NMFS stock
surveys, revised stock assessments, and catch data. The Plan Team will
compile this information and present the draft 2021 SAFE report at the
December 2021 Council meeting. At that meeting, the SSC and the Council
will review the 2021 SAFE report, and the Council will approve the 2021
SAFE report. The Council will consider information in the 2021 SAFE
report, recommendations from the November 2021 Plan Team meeting and
December 2021 SSC and AP meetings, public testimony, and relevant
written comments in making its recommendations for the final 2022 and
2023 harvest specifications.
Potential Changes Between Proposed and Final Specifications
In previous years, the most significant changes (relative to the
amount of assessed tonnage of fish) to the Overfishing Levels (OFLs)
and ABCs from the proposed to the final harvest specifications have
been based on the most recent NMFS stock surveys. These surveys provide
updated estimates of stock biomass and spatial distribution, and inform
changes to the models or the models' results used for producing stock
assessments. Any changes to models used in stock assessments will be
recommended by the Plan Team in November 2021, reviewed by the SSC in
December 2021, and then included in the final 2021 SAFE report. Model
changes can result in changes to final OFLs, ABCs, and TACs. The final
2021 SAFE report will include the most recent information, such as
catch data.
The final harvest specification amounts for these stocks are not
expected to vary greatly from these proposed harvest specification
amounts. If the 2021 SAFE report indicates that the stock biomass trend
is increasing for a species, then the final 2022 and 2023 harvest
specifications may reflect an increase from the proposed harvest
specifications. Conversely, if the 2021 SAFE report indicates that the
stock biomass trend is decreasing for a species, then the final 2022
and 2023 harvest specifications may reflect a decrease from the
proposed harvest specifications. In addition to changes driven by
biomass trends, there may be changes in TACs due to the sum of ABCs
exceeding 2 million mt. Since the regulations require TACs to be set to
an OY between 1.4 and 2 million mt, the Council may be required to
recommend TACs that are lower than the ABCs recommended by the Plan
Team and the SSC, if setting all TACs equal to ABCs would cause the sum
of TACs to exceed an OY of 2 million mt. Generally, total ABCs greatly
exceed 2 million mt in years with a large pollock biomass. For both
2022 and 2023, NMFS anticipates that the sum of the final ABCs will
exceed 2 million mt. NMFS expects that the final TACs for the BSAI for
both 2022 and 2023 will equal 2 million mt each year.
The proposed 2022 and 2023 OFLs and ABCs are based on the best
available biological and scientific information, including projected
biomass trends, information on assumed distribution of stock biomass,
and revised technical methods used to calculate stock biomass. The FMP
specifies a series of six tiers to define OFLs and ABCs 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. The proposed 2022 and 2023 TACs are based
on the best available biological and socioeconomic information.
In October 2021, the SSC adopted the proposed 2022 and 2023 OFLs
and ABCs recommended by the Plan Team for all groundfish. The Council
adopted the SSC's OFL and ABC recommendations. The OFL and ABC amounts
are unchanged from the final 2022 harvest specifications published in
the Federal Register on February 25,
[[Page 68610]]
2021 (86 FR 11449). The sum of the proposed 2022 and 2023 ABCs for all
assessed groundfish is 2,682,318 mt. The sum of the proposed TACs is
2,000,000 mt.
Specification and Apportionment of TAC Amounts
The Council recommended proposed 2022 and 2023 TACs that are equal
to the proposed ABCs for 2022 and 2023 BS sablefish, Central AI Atka
mackerel, BS and Eastern AI Atka mackerel, BS Pacific ocean perch,
Central AI Pacific ocean perch, Eastern AI Pacific ocean perch, Central
AI and Western AI blackspotted and rougheye rockfish, and AI ``other
rockfish.'' The Council recommended proposed TACs less than the
respective proposed ABCs for all other species. Section
679.20(a)(5)(iii)(B)(1) requires the AI pollock TAC to be set at 19,000
mt when the AI pollock ABC equals or exceeds 19,000 mt. The Bogoslof
pollock TAC is set to accommodate incidental catch amounts. TACs are
set so that the sum of the overall TAC does not exceed the BSAI OY.
The proposed groundfish OFLs, ABCs, and TACs are subject to change
pending the completion of the final 2021 SAFE report, public comment,
and the Council's recommendations for the final 2022 and 2023 harvest
specifications during its December 2021 meeting. These proposed amounts
are consistent with the biological condition of groundfish stocks as
described in the 2020 SAFE report. The proposed ABCs reflect harvest
amounts that are less than the specified overfishing levels. The
proposed TACs have been adjusted for other biological information and
socioeconomic considerations, including maintaining the entire TAC
within the required OY range. Pursuant to Section 3.2.3.4.1 of the FMP,
the Council could recommend adjusting the final TACs ``if warranted on
the basis of bycatch considerations, management uncertainty, or
socioeconomic considerations; or if required in order to cause the sum
of the TACs to fall within the OY range.'' Table 1 lists the proposed
2022 and 2023 OFL, ABC, TAC, initial TAC (ITAC), and CDQ amounts for
groundfish for the BSAI. The proposed apportionment of TAC amounts
among fisheries and seasons is discussed below.
Table 1--Proposed 2022 and 2023 Overfishing Level (OFL), Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial Tac (ITAC), and CDQ
Reserve Allocation of Groundfish in the BSAI \1\
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Proposed 2022 and 2023
-----------------------------------------------------------------------------------------------
Species Area Nonspecified
OFL ABC TAC ITAC \2\ CDQ \3\ \4\ 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....................... Alaska-wide........... 70,710 36,995 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 \6\................... BSAI.................. 213,783 206,605 54,500 48,669 5,832 ..............
Flathead sole \7\............... 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 \8\.............. 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
\9\.
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 \10\............. 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
-----------------------------------------------------------------------------------------------
[[Page 68611]]
Total....................... ...................... 3,802,167 2,707,590 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 Bering Sea subarea (BS) includes the Bogoslof District.
\2\ Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and the Amendment 80 species (Atka mackerel, flathead
sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 15 percent of each TAC is put into a nonspecified reserve.
The ITAC for these species is the remainder of the TAC after subtraction of the reserves. For pollock and Amendment 80 species, ITAC is the non-CDQ
allocation of TAC (see footnote 3 and 4).
\3\ For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 10.7
percent of the TAC is reserved for use by CDQ participants (see Sec. Sec. 679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish TAC
allocated to hook-and-line gear or pot gear, 7.5 percent of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for Bering Sea
Greenland turbot and BSAI 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. Aleutian
Islands Greenland turbot, ``other flatfish,'' Alaska plaice, Bering Sea Pacific ocean perch, Kamchatka flounder, northern rockfish, shortraker
rockfish, blackspotted and 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 Aleutian Islands (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 proposed 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 proposed 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, unless the State guideline harvest level would exceed 15 million pounds (6,804 mt), in which case the TAC is set to account
for the maximum authorized State guideline harvest level of 6,804 mt.
\6\``Rock sole'' includes Lepidopsetta polyxystra (Northern rock sole) and Lepidopsetta bilineata (Southern rock sole).
\7\``Flathead sole'' includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
\8\ ``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.
\9\ ``Blackspotted/Rougheye rockfish'' includes Sebastes melanostictus (blackspotted) and Sebastes aleutianus (rougheye).
\10\ ''Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, dark rockfish, northern rockfish, shortraker
rockfish, and blackspotted/rougheye rockfish.
Note: Regulatory areas and districts are defined at Sec. 679.2 (BSAI = Bering Sea and Aleutian Islands management area, BS = Bering Sea subarea, AI =
Aleutian Islands subarea, EAI = Eastern Aleutian district, CAI = Central Aleutian district, WAI = Western Aleutian district.)
Groundfish Reserves and the Incidental Catch Allowance (ICA) for
Pollock, Atka Mackerel, Flathead Sole, Rock Sole, Yellowfin Sole, and
AI Pacific Ocean Perch
Section 679.20(b)(1)(i) requires NMFS to reserve 15 percent of the
TAC for each target species category (except for pollock, hook-and-line
and pot gear allocation of sablefish, and Amendment 80 species) in a
nonspecified 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 allocation of sablefish and 10.7 percent of BS Greenland
turbot and BSAI 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)
require allocation of 10 percent of the BS pollock TAC to the pollock
CDQ directed fishing allowance (DFA). Sections
679.20(a)(5)(iii)(B)(2)(i) and 679.31(a) require 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 reserves by gear.
Pursuant to Sec. 679.20(a)(5)(i)(A)(1), NMFS proposes 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
incidentally retained and discarded catch, including the incidental
catch by CDQ vessels, in target fisheries other than pollock from 2000
through 2021. During this 22-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 22-year average of 3 percent. Pursuant to Sec.
679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS proposes a pollock ICA of 15
percent or 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 2021.
During this 19-year period, the incidental catch of pollock ranged from
a low of 5 percent in 2006 to a high of 17 percent in 2014, with a 19-
year average of 9 percent.
Pursuant to Sec. 679.20(a)(8) and (10), NMFS proposes ICAs of
3,000 mt of flathead sole, 6,000 mt of rock sole, 4,000 mt of yellowfin
sole, 10 mt of Western Aleutian District Pacific ocean perch, 60 mt of
Central Aleutian District Pacific ocean perch, 100 mt of Eastern
Aleutian District Pacific ocean perch, 20 mt of Western Aleutian
District Atka mackerel, 75 mt of Central Aleutian District Atka
mackerel, and 800 mt of Eastern Aleutian District and BS Atka mackerel,
after subtracting the 10.7 percent CDQ reserves. These ICAs are based
on NMFS's examination of the incidental catch in other target fisheries
from 2003 through 2021.
[[Page 68612]]
The regulations do not designate the remainder of the nonspecified
reserve by species or species group. Any amount of the reserve may be
apportioned to a target species that contributed to the nonspecified
reserve 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)).
Allocations of Pollock TAC Under the American Fisheries Act (AFA)
Section 679.20(a)(5)(i)(A) requires that 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 to June 10), and 55 percent of the DFA is
allocated to the B season (June 10 to 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 pollock 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
pollock TAC is allocated to the B season (Sec.
679.20(a)(5)(iii)(B)(3)). Table 2 lists these proposed 2022 and 2023
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) 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 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. Table 2 lists the proposed 2022 and 2023
allocations of pollock TAC. Tables 13, 14, and 15 list the AFA CP and
CV harvesting sideboard limits. The BS inshore pollock cooperative and
open access sector allocations are based on the submission of AFA
inshore cooperative applications due to NMFS on December 1 of each
calendar year. Because AFA inshore cooperative applications for 2022
have not been submitted to NMFS, and NMFS therefore cannot calculate
2022 allocations, NMFS has not included inshore cooperative tables in
these proposed harvest specifications. NMFS will post the 2022 AFA
inshore pollock cooperative and open access sector allocations on the
Alaska Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports prior to the
start of the fishing year on January 1, 2022, based on the harvest
specifications effective on that date.
Table 2 also lists proposed 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 2--Proposed 2022 and 2023 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ
Directed Fishing Allowances (DFA) \1\
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
A season \1\ B season \1\
2022 and 2023 -----------------------------------------------
Area and sector Allocations SCA harvest
A season DFA limit \2\ B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC.......................... 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 DFA (non-CDQ).................. 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
Aleutian Islands subarea ABC.................... 50,789 n/a n/a n/a
Aleutian Islands subarea TAC.................... 19,000 n/a n/a n/a
CDQ DFA......................................... 1,900 760 n/a 1,140
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
[[Page 68613]]
Bogoslof District ICA \8\....................... 100 n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the annual Bering Sea 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 (CPs)-40 percent, and mothership sector-10 percent. In the Bering Sea subarea, 45 percent of
the DFA is allocated to the A season (January 20-June 10) and 55 percent of the DFA is allocated to the B
season (June 10-November 1). Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) through (iii), the annual AI
pollock TAC, after subtracting first for the CDQ DFA (10 percent) and second for the ICA (2,400 mt), is
allocated to the Aleut Corporation for a directed pollock fishery. In the AI subarea, the A season is
allocated up to 40 percent of the AI pollock ABC.
\2\ In the Bering Sea subarea, pursuant to Sec. 679.20(a)(5)(i)(C), no more than 28 percent of each sector's
annual DFA may be taken from the SCA before noon, April 1.
\3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), 8.5 percent of the DFA allocated to listed 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 CPs are limited to harvesting not more than
0.5 percent of the C/P 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
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 no more than 30 percent, in Area 542 no more than 15 percent, and in Area 543 no more than 5 percent
of the Aleutian Islands pollock ABC.
\8\ Pursuant to Sec. 679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The
amounts specified are for incidental catch only and are not apportioned by season or sector.
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 sectors, and the jig gear allocation (Table 3). 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 Eastern Aleutian District and Bering Sea subarea 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 the anticipated harvest capacity of the jig gear
fleet. The Council recommended, and NMFS proposes, a 0.5 percent
allocation of the Atka mackerel TAC in the Eastern Aleutian District
and Bering Sea subarea to jig gear in 2022 and 2023.
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 trawl CDQ Atka mackerel fishing. The ICA and
jig gear allocations are not apportioned by season.
Sections 679.20(a)(8)(ii)(C)(1)(i) and (ii) limit Atka mackerel
catch within waters 0 nautical miles (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 TAC between the A and
B seasons as defined at Sec. 679.23(e)(3). Section
679.20(a)(8)(ii)(C)(2) requires that the annual TAC in Area 543 will be
no more than 65 percent of the ABC in Area 543. Section
679.20(a)(8)(ii)(D) requires that any unharvested Atka mackerel A
season allowance that is added to the B season be prohibited from being
harvested within waters 0 nm to 20 nmi of Steller sea lion sites listed
in Table 6 to 50 CFR part 679 and located in Areas 541, 542, and 543.
Table 3 lists the proposed 2022 and 2023 Atka mackerel season
allowances, area allowances, and the sector allocations. One Amendment
80 cooperative has formed for the 2022 fishing year. Because all
Amendment 80 vessels are part of the cooperative, no allocation to the
Amendment 80 limited access sector is required for 2022. The 2023
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,
2022. NMFS will post the 2023 Amendment 80 cooperatives and Amendment
80 limited access sector allocations on the Alaska Region website at
https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska prior to the start of the fishing year on
January 1, 2023, based on the harvest specifications effective on that
date.
Table 3--Proposed 2022 and 2023 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch
Allowance (ICA), and Amendment 80 Allocations of the BSAI Atka Mackerel TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2022 and 2023 allocation by area
--------------------------------------
Eastern Central Western
Sector \1\ Season \2\ \3\ \4\ Aleutian Aleutian Aleutian
District/ District District
Bering Sea \5\ \5\
----------------------------------------------------------------------------------------------------------------
TAC....................................... n/a.......................... 23,880 14,330 19,507
[[Page 68614]]
CDQ reserve............................... Total........................ 2,555 1,533 2,087
A............................ 1,278 767 1,044
Critical habitat \5\......... n/a 460 626
B............................ 1,278 767 1,044
Critical habitat \5\......... 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 \5\......... n/a 382 ...........
B............................ 1,021 636 ...........
Critical habitat \5\......... n/a 382 ...........
Amendment 80 \7\.......................... Total........................ 18,380 11,450 17,400
A............................ 9,190 5,725 8,700
Critical habitat \5\......... n/a 3,435 5,220
B............................ 9,190 5,725 8,700
Critical habitat \5\......... 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 the
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; Sec. 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 Sec. 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) requires that up to 2 percent of the Eastern Aleutian District and Bering
Sea subarea TAC be allocated to jig gear after subtraction of the CDQ reserves and ICAs. The proposed amount
of this allocation is 0.5 percent. The jig gear allocation is not apportioned by season.
\7\ The 2023 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,
2022.
Allocation of the Pacific Cod TAC
The Council separated BS and AI 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 BS and AI 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 directed fishing
for non-CDQ Pacific cod in that subarea, as provided in Sec.
679.20(d)(1)(iii).
Section 679.20(a)(7)(i) and (ii) allocate to the non-CDQ sectors
the combined BSAI Pacific cod TAC, after subtracting 10.7 percent for
the CDQ Program, as follows: 1.4 percent to vessels using jig gear, 2.0
percent to hook-and-line or pot CVs less than 60 ft (18.3 m) length
overall (LOA), 0.2 percent to hook-and-line CVs greater than or equal
to 60 ft (18.3 m) LOA, 48.7 percent to hook-and-line 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 the Amendment 80
sector, and 22.1 percent to trawl CVs. The BSAI ICA for the hook-and-
line and pot sectors will be deducted from the aggregate portion of
BSAI Pacific cod TAC allocated to the hook-and-line and pot sectors.
For 2022 and 2023, the Regional Administrator proposes a BSAI ICA of
400 mt, based on anticipated incidental catch by these sectors in other
fisheries.
The BSAI 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 2022 fishing year. Because
all Amendment 80 vessels are part of the cooperative, no allocation to
the Amendment 80 limited access sector is required for 2022. The 2023
allocations for Pacific cod 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,
2022. NMFS will post the 2023 Amendment 80 cooperatives and Amendment
80 limited access allocations on the Alaska Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska prior to the start of the fishing year on January 1,
2023, based on the harvest specifications effective on that date.
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 Pacific cod seasonal allowance for any sector,
except the jig sector, will become available at the
[[Page 68615]]
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
has preliminarily determined for 2022 and 2023 that the estimated
amount of Pacific cod abundance in Area 543 is 15.7 percent of total AI
abundance. NMFS will first subtract the State GHL Pacific cod amount
from the AI Pacific cod ABC. Then NMFS will determine the harvest limit
in Area 543 by multiplying the percentage of Pacific cod estimated in
Area 543 (15.7 percent) by the remaining ABC for AI Pacific cod. Based
on these calculations, which rely on the 2020 stock assessment, the
proposed Area 543 harvest limit is 2,166 mt. However, the final Area
543 harvest limit could change if the Pacific cod abundance in Area 543
changes based on the stock assessment in the final 2021 SAFE report.
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
proposed rule is not specifying amounts for the AI Pacific Cod Catcher
Vessel Harvest Set-Aside Program (see Sec. 679.20(a)(7)(viii)).
Table 4 lists the CDQ and non-CDQ seasonal allowances by gear based
on the proposed 2022 and 2023 Pacific cod TACs; the sector allocations
of Pacific cod; and the seasons set forth at Sec. 679.23(e)(5).
Table 4--Proposed 2022 and 2023 Sector Allocations and Seasonal Allowances of the BSAI \1\ Pacific Cod TAC
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2022 and 2023 2022 and 2023 2022 and 2023 seasonal apportionment
Sector Percent share of gear share of sector ------------------------------------------------------------
sector total total Season Amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Bering Sea TAC..................... n/a 95,053 n/a n/a........................................ n/a
Bering Sea CDQ........................... n/a 10,171 n/a See Sec. 679.20(a)(7)(i)(B).............. n/a
Bering Sea non-CDQ TAC................... n/a 84,882 n/a n/a........................................ n/a
Total Aleutian Islands TAC............... n/a 13,796 n/a n/a........................................ n/a
Aleutian Islands CDQ..................... n/a 1,476 n/a See Sec. 679.20(a)(7)(i)(B).............. n/a
Aleutian Islands non-CDQ TAC............. n/a 12,320 n/a n/a........................................ n/a
Western Aleutians Islands Limit.......... n/a 2,166 n/a n/a........................................ n/a
Total BSAI non-CDQ TAC \1\............... 100.0 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 n/a 400 n/a........................................ n/a
Hook-and-line/pot sub-total.............. n/a 58,699 n/a n/a........................................ n/a
Hook-and-line catcher/processors......... 48.7 n/a 47,017 Jan-1-Jun 10............................... 23,979
Jun 10-Dec 31.............................. 23,038
Hook-and-line catcher vessels >=60 ft LOA 0.2 n/a 193 Jan 1-Jun 10............................... 98
Jun 10-Dec 31.............................. 95
Pot catcher/processors................... 1.5 n/a 1,448 Jan 1-Jun 10............................... 739
Sept 1-Dec 31.............................. 710
Pot catcher vessels >=60 ft LOA.......... 8.4 n/a 8,110 Jan 1-Jun 10............................... 4,136
Sept-1-Dec 31.............................. 3,974
Catcher vessels <60 ft LOA using hook-and- 2.0 n/a 1,931 n/a........................................ n/a
line or pot gear.
Trawl catcher vessels.................... 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/processors............. 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 subtraction of
the reserve for the CDQ Program. If the TAC for Pacific cod in either the BS or AI is or will be reached, then directed fishing will be prohibited for
non-CDQ Pacific cod in that subarea, 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 proposes an ICA of 400 mt based on anticipated incidental catch by these sectors in other fisheries.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Sablefish Gear Allocation
Section 679.20(a)(4)(iii) and (iv) require allocation of sablefish
TAC for the BS and AI between trawl gear and hook-and-line or pot gear.
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 apportion 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 7.5 percent of the
trawl gear allocation of
[[Page 68616]]
sablefish TAC from the nonspecified reserve, established under Sec.
679.20(b)(1)(i), be apportioned to the CDQ reserve. The Council
recommended that only trawl sablefish TAC be established biennially.
The harvest specifications for the hook-and-line or pot gear sablefish
Individual Fishing Quota (IFQ) fisheries are limited to the 2022
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 5 lists the proposed 2022
and 2023 gear allocations of the sablefish TAC and CDQ reserve amounts.
Table 5--Proposed 2022 and 2023 Gear Shares and CDQ Reserve of BSAI Sablefish TACs
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2022 Share of 2022 CDQ 2023 Share of 2023 CDQ
Subarea and gear Percent of TAC TAC 2022 ITAC \1\ reserve TAC 2023 ITAC reserve
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea:
Trawl............................... 50 2,432 2,067 182 2,432 2,067 182
Hook-and-line gear/pot \2\.......... 50 2,432 n/a 486 n/a n/a n/a
---------------------------------------------------------------------------------------------------------------
Total........................... 100 4,863 2,067 669 2,432 2,067 182
--------------------------------------------------------------------------------------------------------------------------------------------------------
Aleutian Islands:
Trawl............................... 25 1,265 1,075 95 1,265 1,075 95
Hook-and-line gear/pot \2\.......... 75 3,796 n/a 759 n/a n/a n/a
---------------------------------------------------------------------------------------------------------------
Total........................... 100 5,061 1,075 854 1,265 1,075 95
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For the sablefish TAC allocated to vessels using trawl gear, 15 percent of TAC is apportioned to the nonspecified reserve (Sec. 679.20(b)(1)(i)).
The ITAC is the remainder of the TAC after the subtraction of this reserve. In the BS and AI, 7.5 percent of the trawl gear allocation of TAC is
assigned from the nonspecified reserve to the CDQ reserve (Sec. 679.20(b)(1)(ii)(D)(1)).
\2\ For the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the allocated TAC is reserved for use by CDQ participants
(Sec. 679.20(b)(1)(ii)(B)). The Council recommended that specifications for the hook-and-line and 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
Section 679.20(a)(10)(i) and (ii) require that NMFS allocate AI
Pacific ocean perch, and BSAI flathead sole, rock sole, and yellowfin
sole TACs between the Amendment 80 sector and the BSAI trawl limited
access sector, after subtracting 10.7 percent for the CDQ reserves and
amounts for ICAs for the BSAI trawl limited access sector and vessels
using non-trawl gear. The allocation of the ITAC for AI Pacific ocean
perch, and BSAI flathead sole, rock sole, and yellowfin sole to the
Amendment 80 sector is established in Tables 33 and 34 to 50 CFR part
679 and in Sec. 679.91.
One Amendment 80 cooperative has formed for the 2022 fishing year.
Because all Amendment 80 vessels are part of the cooperative, no
allocation to the Amendment 80 limited access sector is required for
2022. The 2023 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, 2022. NMFS will post the 2023 Amendment 80
cooperatives and Amendment 80 limited access sector allocations on the
Alaska Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska prior to the start
of the fishing year on January 1, 2023, based on the harvest
specifications effective on that date. Table 6 lists the proposed 2022
and 2023 allocations of the AI Pacific ocean perch, and BSAI flathead
sole, rock sole, and yellowfin sole TACs.
Table 6--Proposed 2022 and 2023 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAS), and Amendment 80 Allocations of the
Aleutian Islands Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACs
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2022 and 2023 allocations
-------------------------------------------------------------------------------------
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 sector.................................. 708 523 187 ............... ........... 34,782
Amendment 80 \1\.................................................. 6,373 4,703 9,179 19,325 42,669 139,818
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The 2023 allocations between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until eligible participants
apply for participation in the program by November 1, 2022.
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
[[Page 68617]]
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 and are allocated to each Amendment 80 cooperative pursuant to
Sec. 679.91(i)(2), which 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 7 lists the proposed
2022 and 2023 ABC surplus and ABC reserves for BSAI flathead sole, rock
sole, and yellowfin sole.
Table 7--Proposed 2022 and 2023 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]
----------------------------------------------------------------------------------------------------------------
Flathead sole Yellowfin sole
Sector \1\ Rock sole \1\ \1\
----------------------------------------------------------------------------------------------------------------
ABC........................................................ 64,119 206,605 344,140
TAC........................................................ 25,000 54,500 200,000
ABC surplus................................................ 39,119 152,105 144,140
ABC reserve................................................ 39,119 152,105 144,140
CDQ ABC reserve............................................ 4,186 16,275 15,423
Amendment 80 ABC reserve................................... 34,933 135,830 128,717
----------------------------------------------------------------------------------------------------------------
\1\ The 2023 allocations between Amendment 80 cooperatives and the Amendment 80 limited access sector will not
be known until eligible participants apply for participation in the program by November 1, 2022.
Proposed PSC Limits for Halibut, Salmon, Crab, and Herring
Section 679.21(b), (e), (f), and (g) set forth the BSAI PSC limits.
Pursuant to Sec. 679.21(b)(1), the annual BSAI halibut PSC limits
total 3,515 mt. Section 679.21(b)(1) allocates 315 mt of the halibut
PSC limit as the PSQ reserve for use by the groundfish CDQ Program,
1,745 mt of the halibut PSC limit for the Amendment 80 sector, 745 mt
of the halibut PSC limit for the BSAI trawl limited access sector, and
710 mt of the halibut PSC limit for the BSAI non-trawl sector.
Section 679.21(b)(1)(iii)(A) and (B) authorize apportionment of the
BSAI non-trawl halibut PSC limit into PSC allowances among six fishery
categories, and Sec. 679.21(b)(1)(ii)(A) and (B), (e)(3)(i)(B), and
(e)(3)(iv) require apportionment of the BSAI trawl limited access
sector's halibut and crab PSC limits into PSC allowances among seven
fishery categories. Table 10 lists the proposed fishery PSC allowances
for the BSAI trawl limited access sector fisheries, and Table 11 lists
the proposed fishery PSC allowances for the non-trawl fisheries.
Pursuant to Section 3.6 of the FMP, the Council recommends, and
NMFS proposes, that certain specified non-trawl fisheries be exempt
from the halibut PSC limit. As in past years, after consultation with
the Council, NMFS proposes to exempt 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 legal-size halibut
to 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)).
As of October 18, 2021, total groundfish catch for the pot gear
fishery in the BSAI was 32,658 mt, with an associated halibut bycatch
mortality of 7 mt. The 2021 jig gear fishery harvested about 20 mt of
groundfish. Most vessels in the jig gear fleet are exempt from observer
coverage requirements. As a result, observer data are not available on
halibut bycatch in the jig gear fishery. As mentioned above, NMFS
estimates a negligible amount of halibut bycatch mortality because of
the selective nature of jig gear and the low mortality rate of halibut
caught with jig gear and released.
Under Sec. 679.21(f)(2), NMFS annually allocates portions of
either 33,318, 45,000, 47,591, or 60,000 Chinook salmon PSC limits
among the AFA sectors, depending on past bycatch performance, on
whether Chinook salmon bycatch incentive plan agreements (IPAs) are
formed, and on whether NMFS determines it is a low Chinook salmon
abundance year. NMFS will determine that it is a low Chinook salmon
abundance year when abundance of Chinook salmon in western Alaska is
less than or equal to 250,000 Chinook salmon. The State 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).
[[Page 68618]]
NMFS has determined that 2021 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 2022,
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 allocations are also seasonally apportioned with 70
percent of the allocation for the A season pollock fishery, and 30
percent of the allocation for the B season pollock fishery (Sec. Sec.
679.21(f)(3)(i) and 679.23(e)(2)). In 2022, 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://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska.
Section 679.21(g)(2)(i) specifies 700 fish as the 2022 and 2023
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 2022 and 2023
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. Due to the lack of new information as
of October 2021 regarding herring PSC limits and apportionments, the
Council recommended, and NMFS proposes, basing the proposed herring
2022 and 2023 PSC limits and apportionments on the 2020 survey data.
The Council will reconsider these amounts in December 2021. Section
679.21(e)(3)(i)(A)(1) allocates 10.7 percent of each trawl gear PSC
limit specified for crab as a PSQ reserve for use by the groundfish CDQ
Program.
Based on the most recent (2021) survey data, the red king crab
mature female abundance is estimated at 6.432 million red king crabs,
and the effective spawning biomass is estimated at 20,862 million lbs
(9,463 mt). Based on the criteria set out at Sec. 679.21(e)(1)(i), the
proposed 2022 and 2023 PSC limit of red king crab in Zone 1 for trawl
gear is 32,000 animals. This limit derives from the mature female
abundance estimate below 8.4 million red king crab.
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 State's Department of Fish and Game (ADF&G) and NMFS have reviewed
the final 2021 NMFS trawl survey data for the Bristol Bay red king crab
stock. The stock is estimated to be below the regulatory threshold for
opening a fishery. Therefore, the State did not establish a GHL for the
Bristol Bay red king crab fishery, and the fishery will remain closed
for the 2021/2022 crab season. Also, NMFS and the Council will not
specify an amount of the red king crab bycatch limit, annually
established under Sec. 679.21(e)(1)(i), for the RKCSS. Therefore, NMFS
will close directed fishing for vessels using non-pelagic trawl gear in
the RKCSS for 2022. NMFS and the Council will assess the RKCSS closure
for 2023 if the State's ADF&G establishes a GHL for the 2022/2023 red
king crab fishery in the Bristol Bay area.
Based on the most recent (2021) survey data from the NMFS annual
bottom trawl survey, Tanner crab (Chionoecetes bairdi) abundance is
estimated at 385 million animals. Pursuant to criteria set out at Sec.
679.21(e)(1)(ii), the calculated 2022 and 2023 C. bairdi crab PSC limit
for trawl gear is 830,000 animals in Zone 1, and 2,520,000 animals in
Zone 2. The limit in Zone 1 is based on the abundance of C. bairdi
(estimated at 385 million animals), which is over 270 million to 400
million animals. The limit in Zone 2 is based on the abundance of C.
bairdi (estimated at 385 million animals), which is over 290 million to
400 million animals.
Pursuant to Sec. 679.21(e)(1)(iii), the PSC limit for trawl gear
for snow crab (C. opilio) is based on total abundance as indicated by
the NMFS annual bottom trawl survey. The C. opilio crab PSC limit in
the C. opilio bycatch limitation zone (COBLZ) is set at 0.1133 percent
of the Bering Sea abundance index minus 150,000 crabs, unless a minimum
or maximum PSC limit applies. Based on the most recent (2021) survey
estimate of 1.42 billion animals, the calculated C. opilio crab PSC
limit is 1,608,860 animals. Because 0.1133 percent multiplied by the
total abundance is less than 4.5 million, the minimum PSC limit applies
and the PSC limit will be 4.350 million animals.
Pursuant to Sec. 679.21(e)(1)(v), the PSC limit of Pacific herring
caught while conducting any trawl operation for BSAI groundfish is 1
percent of the annual eastern Bering Sea herring biomass. The best
estimate of 2022 and 2023 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
proposed for 2022 and 2023 is 2,723 mt for all trawl gear as listed in
Tables 8 and 9.
Section 679.21(e)(3)(i)(A) requires that PSQ reserves be subtracted
from the total trawl PSC limits. The 2022 crab and halibut PSC limits
assigned to the Amendment 80 and BSAI trawl limited access sectors are
listed in Table 35 to 50 CFR part 679. The resulting proposed
allocations of crab and halibut PSC limits to CDQ PSQ, the Amendment 80
sector, and the BSAI trawl limited access sector are listed in Table 8.
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 quotas. Crab and halibut PSC cooperative
quotas assigned to Amendment 80 cooperatives are not allocated to
specific fishery categories.
One Amendment 80 cooperative has formed for the 2022 fishing year.
Because all Amendment 80 vessels are part of the cooperative, no PSC
limit allocation to the Amendment 80 limited access sector is required
for 2022. The 2023 PSC limit allocations between Amendment 80
cooperatives and the Amendment 80 limited access sector will not be
known until eligible participants apply for participation in the
program by November 1, 2022. NMFS will post the 2023 Amendment 80
cooperatives and Amendment 80 limited access sector allocations on the
Alaska Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska prior to the start
of the fishing year on January 1, 2023, based on the harvest
specifications effective on that date.
Section 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 non-trawl, BSAI trawl limited access, and
Amendment 80 limited access sectors to maximize the ability of the
fleet to harvest the available groundfish TAC and to minimize bycatch.
The factors considered are (1) seasonal distribution
[[Page 68619]]
of prohibited species, (2) seasonal distribution of target groundfish
species relative to prohibited species distribution, (3) prohibited
species 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
proposes, the seasonal PSC apportionments in Tables 10 and 11 to
maximize harvest among gear types, fisheries, and seasons, while
minimizing bycatch of PSC.
Table 8--Proposed 2022 and 2023 Apportionment of Prohibited Species Catch Allowances to Non-Trawl Gear, the CDQ Program, Amendment 80, and the BSAI
Trawl Limited Access Sectors
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trawl PSC BSAI trawl BSAI PSC
Non-trawl CDQ PSQ remaining Amendment limited limits not
PSC species and area \1\ Total PSC PSC reserve \2\ after CDQ 80 sector access allocated
PSQ \3\ sector \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Halibut mortality (mt) BSAI................................ 3,515 710 315 n/a 1,745 745 n/a
Herring (mt) BSAI.......................................... 2,723 n/a n/a n/a n/a n/a n/a
Red king crab (animals) Zone 1............................. 32,000 n/a 3,424 28,576 14,282 8,739 5,555
C. opilio (animals) COBLZ.................................. 4,350,000 n/a 465,450 3,884,550 1,909,256 1,248,494 726,799
C. bairdi crab (animals) Zone 1............................ 830,000 n/a 88,810 741,190 312,115 348,285 80,790
C. bairdi crab (animals) Zone 2............................ 2,520,000 n/a 269,640 2,250,360 532,660 1,053,394 664,306
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of 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 9--Proposed 2022 and 2023 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 45 n/a
\2\ \3\..............................
2022 Red king crab savings subarea non- n/a
pelagic trawl gear \4\...............
2023 Red king crab savings subarea non- n/a 8,000
pelagic trawl gear \5\...............
---------------------------------
Total trawl PSC................... 2,723 32,000
------------------------------------------------------------------------
\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\ Section 679.21(e)(3)(ii)(B) establishes criteria under which an
annual red king crab bycatch limit must be specified 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. Based on the final 2021 NMFS trawl survey data for the Bristol
Bay red king crab stock, the State of Alaska closed the Bristol Bay
red king crab fishery for the 2021/2022 crab season. NMFS and the
Council will not specify the red king crab bycatch limit for the RKCSS
in 2022, and pursuant to Sec. 679.21(e)(3)(ii)(B)(1) directed
fishing for groundfish is prohibited for vessels using non-pelagic
trawl gear in the RKCSS for 2022.
\5\ If the Bristol Bay red king crab fishery remains closed in the 2022/
2023 crab season, the RKCSS specification will be zero. If the Bristol
Bay red king crab fishery is open in the 2022/2023 crab season, NMFS,
after consultation with the Council, will specify an annual red king
crab bycatch limit for the RKCSS, which is limited by regulation to up
to 25 percent of the red king crab PSC allowance (Sec.
679.21(e)(3)(ii)(B)(2)).
Note: Species apportionments may not total precisely due to rounding.
Table 10--Proposed 2022 and 2023 Prohibited Species Bycatch Allowances for the BSAI Trawl Limited Access Sector
----------------------------------------------------------------------------------------------------------------
Prohibited species and area \1\
-----------------------------------------------------------------------
BSAI trawl limited access sector Red king crab C. bairdi (animals)
fisheries Halibut (animals) C. opilio -------------------------
mortality (mt) ----------------- (animals)
BSAI Zone 1 COBLZ Zone 1 Zone 2
----------------------------------------------------------------------------------------------------------------
Yellowfin sole.......................... 150 7,700 1,192,179 293,234 1,005,879
Rock sole/flathead sole/other flatfish
\2\....................................
Greenland turbot/arrowtooth flounder/
Kamchatka flounder/sablefish...........
Rockfish April 15-December 31........... 4 ............... 1,006 ........... 849
[[Page 68620]]
Pacific cod............................. 391 975 50,281 50,816 42,424
Pollock/Atka mackerel/other species \3\. 200 65 5,028 4,235 4,243
-----------------------------------------------------------------------
Total BSAI trawl limited access 745 8,739 1,248,494 348,285 1,053,394
sector 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: Species apportionments may not total precisely due to rounding.
Table 11--Proposed 2022 and 2023 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........................... Annual 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
----------------------------------------------------------------------------------------------------------------
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
(International Pacific Halibut Commission, 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.
In October 2021, the Council recommended halibut DMRs derived from
the revised methodology for the proposed 2022 and 2023 DMRs. The
proposed 2022 and 2023 DMRs use an updated 2-year reference period.
Comparing the proposed 2022 and 2023 DMRs to the final DMRs from the
2021 and 2022 harvest specifications, the DMR for pelagic trawl gear
remained at 100 percent, the DMR for motherships and CPs using non-
pelagic trawl gear remained at 84 percent, the DMR for CVs using non-
pelagic trawl gear increased to 62 percent from 59 percent, the DMR for
CPs using hook-and-line gear increased to 10 percent from 9 percent,
the DMR for CVs using hook-and-line gear increased to 10 percent from 9
percent, and the DMR for pot gear increased to 33 percent from 32
percent. Table 12 lists the proposed 2022 and 2023 DMRs.
[[Page 68621]]
Table 12--Proposed 2022 and 2023 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 84
catcher/processor.
Non-pelagic trawl............. Catcher vessel....... 62
Hook-and-line................. Catcher vessel....... 10
Hook-and-line................. Catcher/processor.... 10
Pot........................... All.................. 33
------------------------------------------------------------------------
Listed AFA CP 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). NMFS proposes to exempt AFA CPs from a yellowfin sole
sideboard limit pursuant to Sec. 679.64(a)(1)(v) because the proposed
2022 and 2023 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 13 that
are caught by listed AFA CPs participating in any groundfish fishery
other than pollock will accrue against the proposed 2022 and 2023 PSC
sideboard limits for the listed AFA CPs. Section 679.21(b)(4)(iii),
(e)(3)(v), and (e)(7) authorize NMFS to close directed fishing for
groundfish other than pollock for listed AFA CPs once a proposed 2022
or 2023 PSC sideboard limit listed in Table 13 is reached. Pursuant to
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. 679.21(b)(1)(ii)(B)
and (e)(3)(iv).
Table 13--Proposed 2022 and 2023 BSAI American Fisheries Act Listed Catcher/Processor Prohibited Species
Sideboard Limits
----------------------------------------------------------------------------------------------------------------
Proposed 2022 and
2023 PSC available Proposed 2022 and
PSC species and area \1\ Ratio of PSC to to trawl vessels 2023 CP sideboard
total PSC after subtraction limit \2\
of PSQ \2\
----------------------------------------------------------------------------------------------------------------
BSAI Halibut mortality............................... n/a n/a 286
Red king crab Zone 1................................. 0.007 28,576 200
C. opilio (COBLZ).................................... 0.153 3,884,550 594,336
C. bairdi Zone 1..................................... 0.140 741,190 103,767
C. bairdi Zone 2..................................... 0.050 2,250,360 112,518
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas and zones.
\2\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
AFA CV 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 and from fishery cooperatives in the pollock
directed fishery. On February 8, 2019, NMFS published a final rule (84
FR 2723) that implemented regulations to prohibit non-exempt AFA CVs
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). The remainder of
the sideboard limits for non-exempt AFA CVs are proposed in Table 14.
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).
NMFS proposes to exempt AFA CVs from a yellowfin sole sideboard limit
pursuant to Sec. 679.64(b)(6) because the proposed 2022 and 2023
aggregate ITAC of yellowfin sole assigned to the Amendment 80 sector
and BSAI trawl limited access sector is greater than 125,000 mt. Table
14 lists the proposed 2022 and 2023 AFA CV sideboard limits.
[[Page 68622]]
Table 14--Proposed 2022 and 2023 BSAI Pacific Cod Sideboard Limits for American Fisheries Act Catcher Vessels
(CVs)
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
Ratio of 1997 2022 and 2023 AFA
Fishery by area/gear/season AFA CV catch to 2022 and 2023 catcher vessel
TAC initial TAC sideboard limits
----------------------------------------------------------------------------------------------------------------
BSAI....................................................... n/a n/a n/a
Trawl gear CV.............................................. n/a n/a n/a
Jan 20-Apr 1........................................... 0.8609 15,896 13,685
Apr 1-Jun 10........................................... 0.8609 2,363 2,034
Jun 10-Nov 1........................................... 0.8609 3,222 2,774
----------------------------------------------------------------------------------------------------------------
Note: As proposed, Sec. 679.64(b)(6) would exempt AFA CVs from a yellowfin sole sideboard limit because the
proposed 2022 and 2023 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 15 that are caught by
AFA CVs participating in any groundfish fishery other than pollock will
accrue against the 2022 and 2023 PSC sideboard limits for the AFA CVs.
Section 679.21(b)(4)(iii), (e)(3)(v), and (e)(7) authorize NMFS to
close directed fishing for groundfish other than pollock for AFA CVs
once a proposed 2022 and 2023 PSC sideboard limit listed in Table 15 is
reached. Pursuant to Sec. 679.21(b)(1)(ii)(C) and (e)(3)(ii)(C),
halibut or crab PSC by AFA CVs while fishing for pollock will accrue
against the PSC allowances annually specified for the pollock/Atka
mackerel/``other species'' fishery categories under Sec.
679.21(b)(1)(ii)(B) and (e)(3)(iv).
Table 15--Proposed 2022 and 2023 American Fisheries Act Catcher Vessel Prohibited Species Catch Sideboard Limits
for the BSAI \1\
----------------------------------------------------------------------------------------------------------------
Proposed 2022 and Proposed 2022 and
AFA catcher 2023 PSC limit 2023 AFA catcher
PSC species and area \1\ Target fishery vessel PSC after subtraction vessel PSC
category \2\ sideboard limit of PSQ reserves sideboard limit
ratio \3\ \3\
----------------------------------------------------------------------------------------------------------------
Halibut.......................... Pacific cod trawl... n/a n/a 887
Pacific cod hook-and- n/a n/a 2
line or pot.
Yellowfin sole total n/a n/a 101
Rock sole/flathead n/a n/a 228
sole/Alaska plaice/
other flatfish \4\.
Greenland turbot/ n/a n/a .................
arrowtooth flounder/
Kamchatka flounder/
sablefish.
Rockfish............ n/a n/a 2
Pollock/Atka n/a n/a 5
mackerel/other
species \5\.
Red king crab Zone 1............. n/a................. 0.2990 28,576 8,544
C. opilio COBLZ.................. n/a................. 0.1680 3,884,550 652,604
C. bairdi Zone 1................. n/a................. 0.3300 741,190 244,593
C. bairdi Zone 2................. n/a................. 0.1860 2,250,360 418,567
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas and zones.
\2\ Target fishery categories are defined at Sec. 679.21(b)(1)(ii)(B) and (e)(3)(iv).
\3\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
\4\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole,
and yellowfin sole.
\5\ ``Other species'' for PSC monitoring includes skates, sharks, and octopuses.
Classification
NMFS has determined that the proposed harvest specifications are
consistent with the FMP and preliminarily determined that the proposed
harvest specifications are consistent with the Magnuson-Stevens Act and
other applicable laws, subject to further review after public comment.
This action is authorized under 50 CFR 679.20 and is exempt from
review under Executive Order 12866.
NMFS prepared an EIS for the Alaska groundfish harvest
specifications and alternative harvest strategies (see ADDRESSES) and
made it available to the public on January 12, 2007 (72 FR 1512). On
February 13, 2007, NMFS issued the ROD for the Final EIS. A SIR is
being prepared for the final 2022 and 2023 harvest specifications to
provide a subsequent assessment of the action and to address the need
to prepare a Supplemental EIS (40 CFR 1501.11(b); Sec. 1502.9(d)(1)).
Copies of the Final EIS, ROD, and annual SIRs for this action are
available from NMFS (see ADDRESSES). The Final EIS analyzes the
environmental, social, and economic consequences of the proposed
groundfish harvest specifications and alternative harvest strategies on
resources in the action area. Based on the analysis in the Final EIS,
NMFS concluded that the preferred alternative (Alternative 2) provides
the best balance among relevant environmental, social, and economic
considerations and allows for continued management of the groundfish
fisheries based on the most recent, best scientific information.
Initial Regulatory Flexibility Analysis
This Initial Regulatory Flexibility Analysis (IRFA) was prepared
for this proposed rule, as required by Section 603 of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 603), to describe the
[[Page 68623]]
economic impact this proposed rule, if adopted, would have on small
entities. The IRFA describes the action; the reasons why this proposed
rule is proposed; the objectives and legal basis for this proposed
rule; the estimated number and description of directly regulated small
entities to which this proposed rule would apply; the recordkeeping,
reporting, and other compliance requirements of this proposed rule; and
the relevant Federal rules that may duplicate, overlap, or conflict
with this proposed rule. The IRFA also describes significant
alternatives to this proposed rule that would accomplish the stated
objectives of the Magnuson-Stevens Act, and any other applicable
statutes, and that would minimize any significant economic impact of
this proposed rule on small entities. The description of the proposed
action, its purpose, and the legal basis are explained earlier in the
preamble and are not repeated here.
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
engaged in commercial fishing (NAICS code 11411) is classified as a
small business if it is independently owned and operated, is not
dominant in its field of operation (including its affiliates), and has
combined annual gross receipts not in excess of $11 million for all its
affiliated operations worldwide. A shoreside processor primarily
involved in seafood processing (NAICS code 311710) is classified as a
small business if it is independently owned and operated, is not
dominant in its field of operation (including its affiliates), and has
combined annual employment, counting all individuals employed on a
full-time, part-time, or other basis, not in excess of 750 employees
for all its affiliated operations worldwide.
Number and Description of Small Entities Regulated by This Proposed
Rule
The entities directly regulated by the groundfish harvest
specifications include: (a) Entities operating vessels with groundfish
Federal fisheries permits (FFPs) catching FMP groundfish in Federal
waters (including those receiving direction allocations of groundfish);
(b) all entities operating vessels, regardless of whether they hold
groundfish FFPs, catching FMP groundfish in the state-waters parallel
fisheries; and (c) all entities operating vessels fishing for halibut
inside three miles of the shore (whether or not they have FFPs). In
2020 (the most recent year of complete data), there were 288 individual
CVs and CPs with gross revenues less than or equal to $11 million as
well as six CDQ groups. This estimate does not account for corporate
affiliations among vessels, and for cooperative affiliations among
fishing entities, since some of the fishing vessels operating in the
BSAI are members of AFA inshore pollock cooperatives, Gulf of Alaska
Rockfish Program cooperatives, or BSAI Crab Rationalization Program
cooperatives. Vessels that participate in these cooperatives are
considered to be large entities within the meaning of the RFA because
the aggregate gross receipts of all participating members exceed the
$11 million threshold. After accounting for membership in these
cooperatives, there are an estimated 155 small CV and 4 small CP
entities remaining in the BSAI groundfish sector. However, the estimate
of these 155 CVs may be an overstatement of the number of small
entities. This latter group of vessels had average gross revenues that
varied by gear type. Average gross revenues for hook-and-line CVs, pot
gear CVs, trawl gear CVs, hook-and-line CPs, and pot gear CPs are
estimated to be $530,000, $1.1 million, $2.8 million, $6.6 million, and
$3.1 million, respectively.
Description of Significant Alternatives That Minimize Adverse Impacts
on Small Entities
The action under consideration is the proposed 2022 and 2023
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 2022 and 2023
fishing years and is taken in accordance with the FMP prepared by the
Council pursuant to the Magnuson-Stevens Act. The establishment of the
proposed harvest specifications is governed by the Council's harvest
strategy to govern the catch of groundfish in the BSAI. This strategy
was selected from among five alternatives, with the preferred
alternative harvest strategy being one in which the TACs fall within
the range of ABCs recommended by the SSC. Under the preferred harvest
strategy, TACs are set to a level that falls within the range of ABCs
recommended by the SSC; the sum of the TACs must achieve the OY
specified in the FMP. While the specific numbers that the harvest
strategy produces may vary from year to year, the methodology used for
the preferred harvest strategy remains constant.
The TACs associated with preferred harvest strategy are those
recommended by the Council in October 2021. OFLs and ABCs for the
species were based on recommendations prepared by the Council's Plan
Team in September 2021, and reviewed by the Council's SSC in October
2021. The Council based its TAC recommendations on those of its AP,
which were consistent with the SSC's OFL and ABC recommendations. 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 million mt, TACs for some
species or species groups are lower than the ABCs recommended by the
Plan Team and the SSC.
The proposed 2022 and 2023 OFLs and ABCs are based on the best
available biological information, including projected biomass trends,
information on assumed distribution of stock biomass, and revised
technical methods to calculate stock biomass. The proposed 2022 and
2023 TACs are based on the best available biological and socioeconomic
information. The proposed 2022 and 2023 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.
Under this action, the proposed ABCs reflect harvest amounts that
are less than the specified overfishing levels. The proposed TACs are
within the range of proposed ABCs recommended by the SSC and do not
exceed the biological limits recommended by the SSC (the ABCs and
overfishing levels). For some species and species groups in the BSAI,
the Council recommended, and NMFS proposes, proposed TACs equal to
proposed 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 two million mt. For this
reason, some proposed TACs are less than the proposed ABCs. The
specific reductions are reviewed and recommended by the Council's AP,
and the Council in turn adopted the AP's TAC recommendations for the
proposed 2022 and 2023 TACs.
Based upon the best available scientific data, and in consideration
of the Council's objectives of this action, it appears that there are
no significant alternatives to the proposed rule that have the
potential to accomplish the stated objectives of the Magnuson-Stevens
Act and any other applicable statutes and that have the potential to
minimize any significant adverse economic impact of the proposed rule
[[Page 68624]]
on small entities. This action is economically beneficial to entities
operating in the BSAI, including small entities. The action proposes
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 the
proposed harvest specifications would best accomplish the stated
objectives articulated in the preamble for this proposed rule, and in
applicable statutes, and would minimize to the extent practicable
adverse economic impacts on the universe of directly regulated small
entities.
This action does not modify recordkeeping or reporting
requirements, or duplicate, overlap, or conflict with any Federal
rules.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
Adverse impacts on marine mammals or endangered or threatened
species resulting from fishing activities conducted under these harvest
specifications are discussed in the Final EIS and its accompanying
annual SIRs (see ADDRESSES).
Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 1540(f); 16 U.S.C.
1801 et seq.; 16 U.S.C. 3631 et seq.; Pub. L. 105-277; Pub. L. 106-
31; Pub. L. 106-554; Pub. L. 108-199; Pub. L. 108-447; Pub. L. 109-
241; Pub. L. 109-479.
Dated: November 29, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021-26180 Filed 12-1-21; 4:15 pm]
BILLING CODE 3510-22-P
