Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska; Proposed 2022 and 2023 Harvest Specifications for Groundfish, 68982-69001 [2021-26221]
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Federal Register / Vol. 86, No. 231 / Monday, December 6, 2021 / Proposed Rules
REFRIGERANTS—ACCEPTABLE SUBJECT TO USE CONDITIONS—Continued
Application
Substitute
Decision
Motor vehicle air conditioning (newly
manufactured
nonroad construction, forestry, and
mining equipment).
HFO–
1234yf.
Acceptable
subject
to use
conditions.
Motor vehicle air conditioning (newly
manufactured
nonroad commercial utility vehicles).
HFO–
1234yf.
Acceptable
subject
to use
conditions.
Conditions
Comments
(2) Manufacturers must conduct Failure Mode and Effect
Analysis (FMEA) as provided in SAE J1739.2 4 5 Manufacturers must keep the FMEA on file for at least three years
from the date of creation.
As of [30 days after publication of final rule]: ...........................
(1) HFO–1234yf MVAC systems must adhere to all of the
safety requirements of SAE J639,1 4 5 including requirements for a flammable refrigerant warning label, high-pressure compressor cutoff switch and pressure relief devices,
and unique fittings. For connections with refrigerant containers for use in professional servicing, use fittings must
be consistent with SAE J2844.3 4 5 For connections with
small refrigerant cans for consumer or professional use,
use fittings must have a diameter of 0.5 inches, a thread
pitch of 16 thread per inch, and a left thread direction, consistent with SAE J2844.
(2) Manufacturers must conduct Failure Mode and Effect
Analysis (FMEA) as provided in SAE J1739.2 4 5 Manufacturers must keep the FMEA on file for at least three years
from the date of creation.
As of [30 days after publication of final rule]: ...........................
(1) HFO–1234yf MVAC systems must adhere to all of the
safety requirements of SAE J639,1 4 5 including requirements for a flammable refrigerant warning label, high-pressure compressor cutoff switch and pressure relief devices,
and unique fittings. For connections with refrigerant containers for use in professional servicing, use fittings must
be consistent with SAE J2844.3 4 5 For connections with
small refrigerant cans for consumer or professional use,
use fittings must have a diameter of 0.5 inches, a thread
pitch of 16 thread per inch, and a left thread direction, consistent with SAE J2844.
(2) Manufacturers must conduct Failure Mode and Effect
Analysis (FMEA) as provided in SAE J1739.2 4 5 Manufacturers must keep the FMEA on file for at least three years
from the date of creation.
Additional training for service technicians recommended.
HFO–1234yf is also known as 2,3,3,3-tetrafluoroprop-1-ene (CAS No 754–12–1).
Consistent with EPA’s Significant New Use Rule for
HFO–1234yf under the Toxic Substances Control
Act, commercial users or consumers can only recharge MVAC systems with HFO–1234yf where
the original charging of the system with HFO–
1234yf was done by the original equipment manufacturer.
Additional training for service technicians recommended.
HFO–1234yf is also known as 2,3,3,3-tetrafluoroprop-1-ene (CAS No 754–12–1).
Consistent with EPA’s Significant New Use Rule for
HFO–1234yf under the Toxic Substances Control
Act, commercial users or consumers can only recharge MVAC systems with HFO–1234yf where
the original charging of the system with HFO–
1234yf was done by the original equipment manufacturer.
1 SAE, J639, Safety and Design Standards for Motor Vehicle Refrigerant Vapor Compression Systems, Revised November 9, 2020.
2 SAE, J1739, Potential Failure Mode and Effects Analysis (FMEA) Including Design FMEA, Supplemental FMEA–MSR, and Process FMEA, Revised January 13,
2021.
3 SAE, J2844, R–1234yf (HFO–1234yf) New Refrigerant Purity and Container Requirements for Use in Mobile Air-Conditioning Systems, Revised January 4, 2013.
4 You may purchase the material from SAE by mail: SAE Customer Service, 400 Commonwealth Drive, Warrendale, PA 15096–0001; by telephone: 1–877–606–
7323 in the United States or 724–776–4970 outside the United States or in Canada; or web: https://www.sae.org/standards.
5 The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is
available for inspection at U.S. EPA’s Air and Radiation Docket; EPA West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC 202–566–1742 and is
available from SAE International (SAE), 400 Commonwealth Drive, Warrendale, PA 15096–0001, 1–877–606–7323, https://www.sae.org/standards. They are also
available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fr.inspection@
nara.gov, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
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BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
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[Docket No. 211129–0247; RTID 0648–
XY118]
Fisheries of the Exclusive Economic
Zone Off Alaska; Gulf of Alaska;
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.
AGENCY:
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NMFS proposes 2022 and
2023 harvest specifications,
apportionments, and Pacific halibut
prohibited species catch limits for the
groundfish fishery of the Gulf of Alaska
(GOA). This action is necessary to
establish harvest limits for groundfish
during the 2022 and 2023 fishing years
and to accomplish the goals and
objectives of the Fishery Management
Plan for Groundfish of the Gulf of
Alaska. 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 GOA in
accordance with the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
DATES: Comments must be received by
January 5, 2022.
SUMMARY:
[FR Doc. 2021–25440 Filed 12–3–21; 8:45 am]
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Submit comments on this
document, identified by NOAA–NMFS–
2021–0097, by either of the following
methods:
• Federal e-Rulemaking Portal: Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20210097, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Records Office. Mail comments to P.O.
Box 21668, Juneau, AK 99802–1668.
Instructions: NMFS may not consider
comments if they are sent by any other
method, to any other address or
individual, or received after the
comment period ends. All comments
received are a part of the public record,
ADDRESSES:
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Federal Register / Vol. 86, No. 231 / Monday, December 6, 2021 / Proposed Rules
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
(SIR) 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 GOA, dated November
2020, is available from the North Pacific
Fishery Management Council (Council)
at 1007 West Third, Suite 400,
Anchorage, AK 99501–2252, phone
907–271–2809, or from the Council’s
website at https://www.npfmc.org. The
2021 SAFE report for the GOA will be
available from the same source.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
NMFS
manages the GOA groundfish fisheries
in the exclusive economic zone (EEZ) of
the GOA under the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP). The Council prepared the
FMP under the authority of the
Magnuson-Stevens Act, 16 U.S.C. 1801
et seq. Regulations governing U.S.
fisheries and implementing the FMP
appear at 50 CFR parts 600, 679, and
680.
The FMP and its implementing
regulations require that NMFS, after
consultation with the Council, specify
the total allowable catch (TAC) for each
target species, the sum of which must be
within the optimum yield (OY) range of
116,000 to 800,000 metric tons (mt)
(§ 679.20(a)(1)(i)(B)). Section
679.20(c)(1) further requires NMFS to
publish and solicit public comment on
proposed annual TACs and
apportionments thereof, Pacific halibut
prohibited species catch (PSC) limits,
and seasonal allowances of pollock and
Pacific cod. The proposed harvest
specifications in Tables 1 through 20 of
this rule satisfy these requirements. For
2022 and 2023, the sum of the proposed
TAC amounts is 409,039 mt.
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SUPPLEMENTARY INFORMATION:
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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.
Proposed Acceptable Biological Catch
(ABC) and TAC Specifications
In October 2021, the Council’s
Scientific and Statistical Committee
(SSC), its Advisory Panel (AP), and the
Council reviewed the most recent
biological and harvest information about
the condition of the GOA groundfish
stocks. The Council’s GOA Groundfish
Plan Team (Plan Team) compiled and
presented this information in the final
2020 SAFE report for the GOA
groundfish fisheries, dated November
2020 (see ADDRESSES). The SAFE report
contains a review of the latest scientific
analyses and estimates of each species’
biomass and other biological
parameters, as well as summaries of the
available information on the GOA
ecosystem and the economic condition
of the groundfish fisheries off Alaska.
From these data and analyses, the Plan
Team recommends, and the SSC sets, an
Overfishing Limit (OFL) and Acceptable
Biological Catch (ABC) for each species
or species group. The amounts proposed
for the 2022 and 2023 OFLs and ABCs
are based on the 2020 SAFE report. The
AP and Council recommended that the
proposed 2022 and 2023 TACs be set
equal to proposed ABCs for all species
and species groups, with the exception
of the species and species groups further
discussed below. The proposed OFLs,
ABCs, and TACs could be changed in
the final harvest specifications
depending on the most recent scientific
information contained in the final 2021
SAFE report. The stock assessments that
will comprise, in part, the 2021 SAFE
report are available at https://
www.fisheries.noaa.gov/alaska/
population-assessments/north-pacificgroundfish-stock-assessment-andfishery-evaluation. The final 2021 SAFE
report will be available from the same
source.
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
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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 public comments in
making its recommendations for the
final 2022 and 2023 harvest
specifications. Pursuant to § 679.20(a)(2)
and (3), the Council could recommend
adjusting the TACs if warranted based
on the biological condition of
groundfish stocks or a variety of
socioeconomic considerations, or if
required to cause the sum of TACs to
fall within the OY range.
Potential Changes Between Proposed
and Final Specifications
In previous years, the most significant
changes (relative to the amount of
assessed tonnage of fish) to the OFLs
and ABCs from the proposed to the final
harvest specifications have been based
on the most recent NMFS stock surveys.
These surveys provide updated
estimates of stock biomass and spatial
distribution, and inform changes to the
models used for producing stock
assessments. At the September 2021
Plan Team meeting, NMFS scientists
presented updated and new survey
results. Scientists also discussed
potential changes to assessment models,
and accompanying preliminary stock
estimates. At the October 2021 Council
meeting, the SSC reviewed this
information. The species with potential
for a significant model change is rock
sole. Model changes can result in
changes to final OFLs, ABCs, and TACs.
In November 2021, the Plan Team
will consider updated survey results
and updated stock assessments for
groundfish, which will be included in
the draft 2021 SAFE report. If the 2021
SAFE report indicates that the stock
biomass trend is increasing for a
species, then the final 2022 and 2023
harvest specifications for that species
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.
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
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Federal Register / Vol. 86, No. 231 / Monday, December 6, 2021 / Proposed Rules
calculate stock biomass. The FMP
specifies the tiers to be used to calculate
OFLs and ABCs. The tiers applicable to
a particular stock or stock complex are
determined by the level of reliable
information available to the fisheries
scientists. This information is
categorized into a successive series of
six tiers to define OFLs and ABCs, with
Tier 1 representing the highest level of
information quality available and Tier 6
representing the lowest level of
information quality available. The Plan
Team used the FMP tier structure to
calculate OFLs and ABCs for each
groundfish species. The SSC adopted
the proposed 2022 and 2023 OFLs and
ABCs recommended by the Plan Team
for all groundfish species. The proposed
2022 and 2023 TACs are based on the
best available biological and
socioeconomic information. The
Council adopted the SSC’s OFL and
ABC recommendations and the AP’s
TAC recommendations.
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Other Potential Changes: Pacific Cod
For Pacific cod, there is continued
concern among stock assessment
scientists about the stability of the
Pacific cod stock, which may have
substantial management implications
for 2022 and 2023. In November 2021,
NMFS will receive the GOA Pacific cod
stock assessment, which will include
information about this stock’s spawning
biomass. The Steller sea lion harvest
control regulations at § 679.20(d)(4)
state that if a biological assessment of
the Pacific cod stock projects that the
spawning biomass within an area will
be equal to or below 20 percent of the
projected unfished spawning biomass
during a fishing year, the Regional
Administrator must prohibit directed
fishing within that area, and the
directed fishery will remain closed until
a subsequent biological assessment
projects that the spawning biomass will
exceed 20 percent of the projected
unfished spawning biomass. Also, if
Pacific cod spawning biomass falls
below the B17.5% level, a rebuilding plan
will be required to comply with
provisions of the Magnuson-Stevens Act
(16 U.S.C. 1854(e)).
Specification and Apportionment of
TAC Amounts
The Council recommended proposed
2022 and 2023 TACs that are equal to
proposed ABCs for all species and
species groups, with the exception of
pollock for the combined Western and
Central GOA and West Yakutat District
area, Pacific cod, shallow-water flatfish
in the Western GOA, arrowtooth
flounder in the Western GOA and the
West Yakutat and Southeast Outside
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(SEO) Districts, flathead sole in the
Western and Central GOA, Atka
mackerel, and ‘‘other rockfish’’ in the
SEO District.
The combined Western and Central
Regulatory Areas and the West Yakutat
(WYK) District of the Eastern Regulatory
Area (the W/C/WYK) pollock TAC and
the GOA Pacific cod TACs are set to
account for the State of Alaska’s (State)
guideline harvest levels (GHL) for the
State water pollock and Pacific cod
fisheries so that the ABCs are not
exceeded. The shallow-water flatfish,
arrowtooth flounder, and flathead sole
TACs are set to allow for increased
harvest opportunities for these target
species while conserving the halibut
PSC limit for use in other fisheries. The
Atka mackerel TAC is set to
accommodate incidental catch amounts
(ICA) in other fisheries. The ‘‘other
rockfish’’ TAC in the SEO District is set
to reduce the amount of discards of the
species in that complex. These
reductions are described below.
NMFS’s proposed apportionments of
groundfish species are based on the
distribution of biomass among the
regulatory areas over which NMFS
manages the species. Additional
regulations govern the apportionment of
pollock, Pacific cod, and sablefish.
Additional detail on apportionments of
pollock, Pacific cod, and sablefish are
described below.
The ABC for the pollock stock in the
W/C/WYK Regulatory Area accounts for
the GHL established by the State for the
Prince William Sound (PWS) pollock
fishery. The Plan Team, SSC, AP, and
Council have recommended that the
sum of all State water and Federal water
pollock removals from the GOA not
exceed ABC recommendations. For 2022
and 2023, the Council recommended the
W/C/WYK pollock ABC include the
amount to account for the State’s PWS
GHL. At the November 2018 Plan Team
meeting, State fisheries managers
recommended setting the future PWS
GHL at 2.5 percent of the annual W/C/
WYK pollock ABC. For 2022, this yields
a PWS pollock GHL of 2,298 mt, a
decrease of 345 mt from the 2021 PWS
GHL of 2,643 mt. After accounting for
the PWS GHL, the 2022 and 2023
pollock ABC for the combined W/C/
WYK areas is then apportioned among
four statistical areas (Areas 610, 620,
630, and 640) as both ABCs and TACs,
as described below and detailed in
Table 1. The total ABCs and TACs for
the four statistical areas, plus the State
GHL, do not exceed the combined W/C/
WYK ABC. The proposed W/C/WYK
2022 and 2023 pollock ABC is 91,934
mt, and the proposed TAC is 89,636 mt.
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Apportionments of pollock to the W/
C/WYK management areas are
considered to be apportionments of
annual catch limit (ACL) rather than
apportionments of ABCs. This more
accurately reflects that such
apportionments address management
concerns, rather than biological or
conservation concerns. In addition,
apportionments of the ACL in this
manner allow NMFS to balance any
transfer of TAC among Areas 610, 620,
and 630 pursuant to § 679.20(a)(5)(iv)(B)
to ensure that the combined W/C/WYK
ACL, ABC, and TAC are not exceeded.
NMFS proposes pollock TACs in the
Western (Area 610) and Central (Areas
620 and 630) Regulatory Areas and the
West Yakutat (Area 640) and the SEO
(Area 650) Districts of the GOA (see
Table 1). NMFS also proposes seasonal
apportionment of the annual pollock
TAC in the Western and Central
Regulatory Areas of the GOA among
Statistical Areas 610, 620, and 630.
These apportionments are divided
equally among the following two
seasons: the A season (January 20
through May 31) and the B season
(September 1 through November 1)
(§§ 679.23(d)(2)(i) and (ii), and
679.20(a)(5)(iv)(A) and (B)). Additional
detail is provided below; Table 2 lists
these amounts.
The proposed 2022 and 2023 Pacific
cod TACs are set to accommodate the
State’s GHLs for Pacific cod in State
waters in the Western and Central
Regulatory Areas, as well as in PWS (in
the Eastern Regulatory Area) (see Table
1). The Plan Team, SSC, AP, and
Council recommended that the sum of
all State water and Federal water Pacific
cod removals from the GOA not exceed
ABC recommendations. Accordingly,
the Council recommended the 2022 and
2023 Pacific cod TACs in the Western,
Central, and Eastern Regulatory Areas to
account for State GHLs. Therefore, the
proposed 2022 and 2023 Pacific cod
TACs are less than the proposed ABCs
by the following amounts: (1) Western
GOA, 3,868 mt; (2) Central GOA, 5,511
mt; and (3) Eastern GOA, 801 mt. These
amounts reflect the State’s 2022 and
2023 GHLs in these areas, which are 30
percent of the Western GOA proposed
ABC, and 25 percent of the Eastern and
Central GOA proposed ABCs.
The Western and Central GOA Pacific
cod TACs are allocated among various
gear and operational sectors. NMFS also
establishes seasonal apportionments of
the annual Pacific cod TACs in the
Western and Central Regulatory Areas.
The Pacific cod sector and seasonal
apportionments are discussed in detail
in a subsequent section and in Table 4
of this rule.
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The Council’s recommendation for
sablefish area apportionments takes into
account the prohibition on the use of
trawl gear in the SEO District of the
Eastern Regulatory Area (§ 679.7(b)(1))
and makes available five percent of the
Eastern Regulatory Area (WYK and SEO
Districts combined) TAC to vessels
using trawl gear for use as incidental
catch in other trawl groundfish fisheries
in the WYK District (§ 679.20(a)(4)(i)).
Additional detail is provided below.
Tables 5 and 6 list the proposed 2022
and 2023 allocations of the sablefish
TAC to fixed gear and trawl gear in the
GOA.
For 2022 and 2023, the Council
recommends and NMFS proposes the
OFLs, ABCs, and TACs listed in Table
1. These amounts are consistent with
the biological condition of groundfish
stocks as described in the 2020 SAFE
report. The proposed ABCs reflect
harvest amounts that are less than the
specified overfishing levels. The
proposed TACs are adjusted for other
68985
biological and socioeconomic
considerations. The sum of the
proposed TACs for all GOA groundfish
is 409,039 mt for 2022 and 2023, which
is within the OY range specified by the
FMP. These proposed amounts and
apportionments by area, season, and
sector are subject to change pending
consideration of the 2021 SAFE report,
public comment, and the Council’s
recommendations for the final 2022 and
2023 harvest specifications during its
December 2021 meeting.
TABLE 1—PROPOSED 2022 AND 2023 OFLS, ABCS, AND TACS OF GROUNDFISH FOR THE WESTERN/CENTRAL/WEST
YAKUTAT, WESTERN, CENTRAL, AND EASTERN REGULATORY AREAS, THE WEST YAKUTAT AND SOUTHEAST OUTSIDE
DISTRICTS OF THE EASTERN REGULATORY AREA, AND GULFWIDE DISTRICT OF THE GULF OF ALASKA
[Values are rounded to the nearest metric ton]
Species
Area 1
Pollock 2 ...........................................................................
Shumagin (610) .............................
Chirikof (620) .................................
Kodiak (630) ..................................
WYK (640) .....................................
W/C/WYK (subtotal) ......................
SEO (650) ......................................
n/a
n/a
n/a
n/a
106,767
13,531
16,067
47,714
21,149
4,706
91,934
10,148
16,067
47,714
21,149
4,706
89,636
10,148
Total ........................................
120,298
102,082
99,784
W ...................................................
C ....................................................
E ....................................................
n/a
n/a
n/a
12,892
22,045
3,204
9,024
16,534
2,403
Total ........................................
46,587
38,141
27,961
W ...................................................
C ....................................................
WYK ...............................................
SEO ...............................................
E (WYK and SEO) (subtotal) ........
n/a
n/a
n/a
n/a
n/a
4,165
11,111
4,009
5,946
9,955
4,165
11,111
4,009
5,946
9,955
Total ........................................
70,710
25,231
25,231
W ...................................................
C ....................................................
WYK ...............................................
SEO ...............................................
n/a
n/a
n/a
n/a
24,460
28,442
2,844
1,137
13,250
28,442
2,844
1,137
Total ........................................
69,691
56,883
45,673
W ...................................................
C ....................................................
WYK ...............................................
SEO ...............................................
n/a
n/a
n/a
n/a
225
1,914
2,068
1,719
225
1,914
2,068
1,719
Total ........................................
7,040
5,926
5,926
W ...................................................
C ....................................................
WYK ...............................................
SEO ...............................................
n/a
n/a
n/a
n/a
3,013
8,912
1,206
2,285
3,013
8,912
1,206
2,285
Total ........................................
18,779
15,416
15,416
W ...................................................
C ....................................................
WYK ...............................................
SEO ...............................................
n/a
n/a
n/a
n/a
31,479
67,154
8,147
16,665
14,500
67,154
6,900
6,900
Total ........................................
147,515
123,445
95,454
W ...................................................
C ....................................................
WYK ...............................................
n/a
n/a
n/a
14,380
21,076
2,456
8,650
15,400
2,456
Pacific cod 3 .....................................................................
Sablefish 4 ........................................................................
Shallow-water flatfish 5 .....................................................
Deep-water flatfish 6 .........................................................
khammond on DSKJM1Z7X2PROD with PROPOSALS
Rex sole ...........................................................................
Arrowtooth flounder .........................................................
Flathead sole ...................................................................
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OFL
E:\FR\FM\06DEP1.SGM
ABC
06DEP1
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68986
Federal Register / Vol. 86, No. 231 / Monday, December 6, 2021 / Proposed Rules
TABLE 1—PROPOSED 2022 AND 2023 OFLS, ABCS, AND TACS OF GROUNDFISH FOR THE WESTERN/CENTRAL/WEST
YAKUTAT, WESTERN, CENTRAL, AND EASTERN REGULATORY AREAS, THE WEST YAKUTAT AND SOUTHEAST OUTSIDE
DISTRICTS OF THE EASTERN REGULATORY AREA, AND GULFWIDE DISTRICT OF THE GULF OF ALASKA—Continued
[Values are rounded to the nearest metric ton]
Area 1
Species
Pacific ocean perch 7 .......................................................
Northern rockfish 8 ...........................................................
Shortraker
rockfish 9
........................................................
Dusky rockfish 10 ..............................................................
Rougheye and blackspotted rockfish 11 ...........................
rockfish 12
Demersal shelf
...............................................
Thornyhead rockfish 13 ....................................................
Other rockfish 14 15 ...........................................................
khammond on DSKJM1Z7X2PROD with PROPOSALS
Atka mackerel ..................................................................
Big skates 16 ....................................................................
Longnose skates 17 ..........................................................
Other skates 18 .................................................................
Sharks ..............................................................................
Octopuses ........................................................................
VerDate Sep<11>2014
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OFL
TAC 2
ABC
SEO ...............................................
n/a
1,939
1,939
Total ........................................
48,534
39,851
28,445
W ...................................................
C ....................................................
WYK ...............................................
W/C/WYK .......................................
SEO ...............................................
n/a
n/a
n/a
34,974
6,136
1,572
26,234
1,631
29,437
5,165
1,572
26,234
1,631
29,437
5,165
Total ........................................
41,110
34,602
34,602
W ...................................................
C ....................................................
E ....................................................
n/a
n/a
n/a
1,926
3,173
1
1,926
3,173
........................
Total ........................................
6,088
5,100
5,099
W ...................................................
C ....................................................
E ....................................................
n/a
n/a
n/a
52
284
372
52
284
372
Total ........................................
944
708
708
W ...................................................
C ....................................................
WYK ...............................................
SEO ...............................................
n/a
n/a
n/a
n/a
265
4,469
460
101
265
4,469
460
101
Total ........................................
8,423
5,295
5,295
W ...................................................
C ....................................................
E ....................................................
n/a
n/a
n/a
170
459
592
170
459
592
Total ........................................
1,467
1,221
1,221
SEO ...............................................
W ...................................................
C ....................................................
E ....................................................
405
n/a
n/a
n/a
257
352
910
691
257
352
910
691
Total ........................................
2,604
1,953
1,953
W/C combined ...............................
WYK ...............................................
SEO ...............................................
n/a
n/a
n/a
940
369
2,744
940
369
300
Total ........................................
5,320
4,053
1,609
GW .................................................
W ...................................................
C ....................................................
E ....................................................
6,200
n/a
n/a
n/a
4,700
758
1,560
890
3,000
758
1,560
890
Total ........................................
4, 278
3,208
3,208
W ...................................................
C ....................................................
E ....................................................
n/a
n/a
n/a
158
1,875
554
158
1,875
554
Total ........................................
3,449
2,587
2,587
GW .................................................
GW .................................................
GW .................................................
1,166
5,006
1,307
875
3,755
980
875
3,755
980
Frm 00055
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E:\FR\FM\06DEP1.SGM
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Federal Register / Vol. 86, No. 231 / Monday, December 6, 2021 / Proposed Rules
68987
TABLE 1—PROPOSED 2022 AND 2023 OFLS, ABCS, AND TACS OF GROUNDFISH FOR THE WESTERN/CENTRAL/WEST
YAKUTAT, WESTERN, CENTRAL, AND EASTERN REGULATORY AREAS, THE WEST YAKUTAT AND SOUTHEAST OUTSIDE
DISTRICTS OF THE EASTERN REGULATORY AREA, AND GULFWIDE DISTRICT OF THE GULF OF ALASKA—Continued
[Values are rounded to the nearest metric ton]
Area 1
Species
Total ..........................................................................
OFL
........................................................
ABC
616,921
476,269
TAC 2
409,039
1 Regulatory
areas and districts are defined at § 679.2. (W=Western Gulf of Alaska; C=Central Gulf of Alaska; E=Eastern Gulf of Alaska;
WYK=West Yakutat District; SEO=Southeast Outside District; GW=Gulf-wide).
2 The total for the W/C/WYK Regulatory Areas pollock ABC is 91,934 mt. After deducting 2.5 percent (2,298 mt) of that ABC for the State’s
pollock GHL fishery, the remaining pollock ABC of 89,636 mt (for the W/C/WYK Regulatory Areas) is apportioned among four statistical areas
(Areas 610, 620, 630, and 640). These apportionments are considered subarea ACLs, rather than ABCs, for specification and reapportionment
purposes. The ACLs in Areas 610, 620, and 630 are further divided by season, as detailed in Table 2 (proposed 2022 and 2023 seasonal biomass distribution of pollock in the Western and Central Regulatory Areas, area apportionments, and seasonal allowances). In the West Yakutat
(Area 640) and Southeast Outside (Area 650) Districts of the Eastern Regulatory Area, pollock is not divided into seasonal allowances.
3 The annual Pacific cod TAC is apportioned, after seasonal apportionment to the jig sector, as follows: (1) 63.84 percent to the A season and
36.16 percent to the B season and (2) 64.16 percent to the A season and 35.84 percent to the B season in the Western and Central Regulatory
Areas of the GOA, respectively. The Pacific cod TAC in the Eastern Regulatory Area of the GOA is allocated 90 percent to vessels harvesting
Pacific cod for processing by the inshore component and 10 percent to vessels harvesting Pacific cod for processing by the offshore component.
Table 4 lists the proposed 2022 and 2023 Pacific cod seasonal apportionments and sector allocations.
4 The sablefish OFL and ABC are set Alaska-wide (70,710 mt and 36,955 mt, respectively) and the GOA sablefish ABC is 25,231 mt. Additionally, sablefish is allocated only to trawl gear in 2023. Tables 5 and 6 list the proposed 2022 and 2023 allocations of sablefish TACs.
5 ‘‘Shallow-water flatfish’’ means flatfish not including ‘‘deep-water flatfish,’’ flathead sole, rex sole, or arrowtooth flounder.
6 ‘‘Deep-water flatfish’’ means Dover sole, Greenland turbot, Kamchatka flounder, and deepsea sole.
7 ‘‘Pacific ocean perch’’ means Sebastes alutus.
8 ‘‘Northern rockfish’’ means Sebastes polyspinous. For management purposes the 1 mt apportionment of ABC to the WYK District of the Eastern Regulatory Area has been included in the ‘‘other rockfish’’ species group.
9 ‘‘Shortraker rockfish’’ means Sebastes borealis.
10 ‘‘Dusky rockfish’’ means Sebastes variabilis.
11 ‘‘Rougheye and blackspotted rockfish’’ means Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted).
12 ‘‘Demersal shelf rockfish’’ means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper), S. maliger (quillback), S.
helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye).
13 ‘‘Thornyhead rockfish’’ means Sebastolobus species.
14 ‘‘Other rockfish means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio), S. goodei (chilipepper), S. crameri
(darkblotch), S. elongatus (greenstriped), S. variegatus (harlequin), S. wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S.
zacentrus (sharpchin), S. jordani (shortbelly), S. brevispinis (silvergray), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus (vermilion), S.
reedi (yellowmouth), S. entomelas (widow), and S. flavidus (yellowtail). In the Eastern GOA only, ‘‘other rockfish’’ also includes northern rockfish
(S. polyspinous).
15 ‘‘Other rockfish’’ in the Western and Central Regulatory Areas and in the West Yakutat District of the Eastern Regulatory Area means all
rockfish species included in the ‘‘other rockfish’’ and demersal shelf rockfish categories. The ‘‘other rockfish’’ species group in the SEO District
only includes other rockfish.
16 ‘‘Big skates’’ means Raja binoculata.
17 ‘‘Longnose skates’’ means Raja rhina.
18 ‘‘Other skates’’ means Bathyraja and Raja spp.
khammond on DSKJM1Z7X2PROD with PROPOSALS
Proposed Apportionment of Reserves
Section 679.20(b)(2) requires NMFS to
set aside 20 percent of each TAC for
pollock, Pacific cod, flatfish, sharks, and
octopuses in reserve for possible
apportionment at a later date during the
fishing year. Section 679.20(b)(3)
authorizes NMFS to reapportion all or
part of these reserves. In 2021, NMFS
reapportioned all of the reserves in the
final harvest specifications. For 2022
and 2023, NMFS proposes
reapportionment of each of the reserves
for pollock, Pacific cod, flatfish, sharks,
and octopuses back into the original
TAC from which the reserve was
derived. NMFS expects, based on recent
harvest patterns, that such reserves will
not be necessary and that the entire TAC
for each of these species will be caught
or are needed to promote efficient
fisheries. The TACs in Table 1 reflect
this proposed reapportionment of
reserve amounts to the original TAC for
these species and species groups, i.e.,
each proposed TAC for the abovementioned species or species groups
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contains the full TAC recommended by
the Council.
Proposed Apportionments of Pollock
TAC Among Seasons and Regulatory
Areas, and Allocations for Processing by
Inshore and Offshore Components
In the GOA, pollock is apportioned by
season and area, and is further allocated
for processing by inshore and offshore
components. Pursuant to
§ 679.20(a)(5)(iv)(B), the annual pollock
TAC specified for the Western and
Central Regulatory Areas of the GOA is
apportioned into two seasonal
allowances of 50 percent. As established
by § 679.23(d)(2)(i) through (ii), the A
and B season allowances are available
from January 20 through May 31 and
September 1 through November 1,
respectively.
The GOA pollock stock assessment
continues to use a four-season
methodology to determine pollock
distribution in the Western and Central
Regulatory Areas of the GOA to
maintain continuity in the historical
pollock apportionment time-series.
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Pollock TACs in the Western and
Central Regulatory Areas of the GOA are
apportioned among Statistical Areas
610, 620, and 630 in proportion to the
distribution of pollock biomass
determined by the most recent NMFS
surveys, pursuant to
§ 679.20(a)(5)(iv)(A). The pollock
chapter of the 2020 SAFE report (see
ADDRESSES) contains a comprehensive
description of the apportionment and
reasons for the minor changes from past
apportionments. For purposes of
specifying pollock between two seasons
for the Western and Central Regulatory
Areas of the GOA, NMFS has summed
the A and B season apportionments and
the C and D season apportionments as
calculated in the 2020 GOA pollock
assessment. This yields the seasonal
amounts specified for the A season and
the B season, respectively.
Within any fishing year, the amount
by which a seasonal allowance is
underharvested or overharvested may be
added to, or subtracted from,
subsequent seasonal allowances in a
manner to be determined by the
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68988
Federal Register / Vol. 86, No. 231 / Monday, December 6, 2021 / Proposed Rules
Regional Administrator
(§ 679.20(a)(5)(iv)(B)). The rollover
amount is limited to 20 percent of the
subsequent seasonal TAC
apportionment for the statistical area.
Any unharvested pollock above the 20percent limit could be further
distributed to the subsequent season in
the other statistical areas, in proportion
to the estimated biomass to the
subsequent season and in an amount no
more than 20 percent of the seasonal
TAC apportionment in those statistical
areas (§ 679.20(a)(5)(iv)(B)). The
proposed 2022 and 2023 pollock TACs
in the WYK District of 4,706 mt and the
SEO District of 10,148 mt are not
allocated by season.
Table 2 lists the proposed 2022 and
2023 area apportionments and seasonal
allowances of pollock in the Western
and Central Regulatory Areas. The
amounts of pollock for processing by the
inshore and offshore components are
not shown. Section 679.20(a)(6)(i)
requires allocation of 100 percent of the
pollock TAC in all regulatory areas and
all seasonal allowances to vessels
catching pollock for processing by the
inshore component after subtraction of
amounts projected by the Regional
Administrator to be caught by, or
delivered to, the offshore component
incidental to directed fishing for other
groundfish species. Thus, the amount of
pollock available for harvest by vessels
harvesting pollock for processing by the
offshore component is the amount that
will be taken as incidental catch during
directed fishing for groundfish species
other than pollock, up to the maximum
retainable amounts allowed by
§ 679.20(e) and (f). At this time, these
ICAs of pollock are unknown and will
be determined during the fishing year
during the course of fishing activities by
the offshore component.
TABLE 2—PROPOSED 2022 AND 2023 DISTRIBUTION OF POLLOCK IN THE CENTRAL AND WESTERN REGULATORY AREAS
OF THE GULF OF ALASKA; AREA APPORTIONMENTS; AND SEASONAL ALLOWANCES OF ANNUAL TAC 1
[Values are rounded to the nearest metric ton]
Shumigan
(Area 610)
Season 2
Chirikof
(Area 620)
Kodiak
(Area 630)
Total 3
A (January 20–May 31) ...................................................................................
B (September 1–November 1) ........................................................................
695
15,372
36,294
11,420
5,476
15,672
42,465
42,465
Annual Total .............................................................................................
16,067
47,714
21,149
84,929
1 Area
apportionments and seasonal allowances may not total precisely due to rounding.
established by § 679.23(d)(2)(i) through (ii), the A and B season allowances are available from January 20 through May 31 and September 1 through November 1, respectively. The amounts of pollock for processing by the inshore and offshore components are not shown in
this table.
3 The West Yakutat and Southeast Outside District pollock TACs are not allocated by season and are not included in the total pollock TACs
shown in this table.
2 As
khammond on DSKJM1Z7X2PROD with PROPOSALS
Proposed Annual and Seasonal
Apportionments of Pacific Cod TAC
Pursuant to § 679.20(a)(12)(i), NMFS
proposes allocations for the 2022 and
2023 Pacific cod TACs in the Western
and Central Regulatory Areas of the
GOA among gear and operational
sectors. NMFS also proposes seasonal
apportionments of the Pacific cod TACs
in the Western and Central Regulatory
Areas. A portion of the annual TAC is
apportioned to the A season for hookand-line, pot, and jig gear from January
1 through June 10, and for trawl gear
from January 20 through June 10. The
remainder of the annual TAC is
apportioned to the B season for jig gear
from June 10 through December 31, for
hook-and-line and pot gear from
September 1 through December 31, and
for trawl gear from September 1 through
November 1 (§§ 679.23(d)(3) and
679.20(a)(12)). NMFS also proposes
allocating the 2022 and 2023 Pacific cod
TACs annually between the inshore (90
percent) and offshore (10 percent)
components in the Eastern Regulatory
Area of the GOA (§ 679.20(a)(6)(ii)).
In the Western GOA, the Pacific cod
TAC is apportioned seasonally first to
vessels using jig gear, and then among
catcher vessels (CV) using hook-and-line
gear, catcher/processors (CP) using
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16:06 Dec 03, 2021
Jkt 256001
hook-and-line gear, CVs using trawl
gear, CPs using trawl gear, and vessels
using pot gear (§ 679.20(a)(12)(i)(A)). In
the Central GOA, the Pacific cod TAC is
apportioned seasonally first to vessels
using jig gear, and then among CVs less
than 50 feet in length overall using
hook-and-line gear, CVs equal to or
greater than 50 feet in length overall
using hook-and-line gear, CPs using
hook-and-line gear, CVs using trawl
gear, CPs using trawl gear, and vessels
using pot gear (§ 679.20(a)(12)(i)(B)).
Excluding seasonal apportionments to
the jig gear sector, NMFS proposes
apportioning the remainder of the
annual Pacific cod TACs as follows: the
seasonal apportionments of the annual
TAC in the Western GOA are 63.84
percent to the A season and 36.16
percent to the B season, and in the
Central GOA are 64.16 percent to the A
season and 35.84 percent to the B
season.
Under § 679.20(a)(12)(ii), any overage
or underage of the Pacific cod allowance
from the A season may be subtracted
from, or added to, the subsequent B
season allowance. In addition, any
portion of the hook-and-line, trawl, pot,
or jig sector allocations that is
determined by NMFS as likely to go
unharvested by a sector may be
PO 00000
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Fmt 4702
Sfmt 4702
reallocated to other sectors for harvest
during the remainder of the fishing year.
Pursuant to § 679.20(a)(12)(i)(A) and
(B), a portion of the annual Pacific cod
TACs in the Western and Central GOA
will be allocated to vessels with a
Federal fisheries permit that use jig gear
before the TACs are apportioned among
other non-jig sectors. In accordance with
the FMP, the annual jig sector
allocations may increase to up to 6
percent of the annual Western and
Central GOA Pacific cod TACs,
depending on the annual performance
of the jig sector (see Table 1 of
Amendment 83 to the FMP for a
detailed discussion of the jig sector
allocation process (76 FR 74670,
December 1, 2011)). Jig sector allocation
increases are established for a minimum
of two years.
NMFS has evaluated the historical
harvest performance of the jig sector in
the Western and Central GOA, and is
proposing the 2022 and 2023 Pacific cod
apportionments to this sector based on
its historical harvest performance
through 2021. NMFS did not evaluate
the 2020 performance of the jig sectors
in the Western and Central GOA. In
2020, the catch for the jig sectors could
not reach 90 percent of the initial
allocation required for a performance
increase because NMFS prohibited
E:\FR\FM\06DEP1.SGM
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68989
Federal Register / Vol. 86, No. 231 / Monday, December 6, 2021 / Proposed Rules
directed fishing for all Pacific cod
sectors (84 FR 70438, December 23,
2019). For 2022 and 2023, NMFS
proposes that the jig sector receive 3.5
percent of the annual Pacific cod TAC
in the Western GOA. The 2022 and 2023
allocations consist of a base allocation
of 1.5 percent of the Western GOA
Pacific cod TAC, and prior historical
harvest performance increases of 2.0
percent. For 2022 and 2023, NMFS also
proposes that the jig sector receive 1.0
percent of the annual Pacific cod TAC
in the Central GOA. The 2022 and 2023
allocations consist of a base allocation
of 1.0 percent, and no additional
performance increase in the Central
GOA. The 2014 through 2021 Pacific
cod jig allocations, catch, and percent
allocation changes are listed in Table 3.
TABLE 3—SUMMARY OF WESTERN GOA AND CENTRAL GOA PACIFIC COD CATCH BY JIG GEAR IN 2014 THROUGH 2021,
AND CORRESPONDING PERCENT ALLOCATION CHANGES
Area
Initial
percent
of TAC
Year
Western GOA ..........................................................
Central GOA ............................................................
NMFS will re-evaluate the annual
2021 harvest performance of the jig
sector in the Western and Central GOA
when the 2021 fishing year is complete
to determine whether to change the jig
sector allocations proposed by this
action in conjunction with the final
2022 and 2023 harvest specifications.
The current catch through October 2021
2014
2015
2016
2017
2018
2019
2020
2021
2014
2015
2016
2017
2018
2019
2020
2021
Initial TAC
allocation
2.5
3.5
3.5
2.5
1.5
2.5
n/a
3.5
2.0
1.0
1.0
1.0
1.0
1.0
n/a
1.0
Percent of
initial
allocation
Catch
(mt)
>90% of initial
allocation?
Change to percent
allocation
573
948
992
635
125
134
785
55
52
49
121
134
137
6
5
8
97
100
Y
N
N
N
Y
Y
...........................
...........................
...........................
...........................
...........................
...........................
Increase 1.
None.
Decrease 1.
Decrease 1.
Increase 1.
Increase 1.
195
797
460
370
331
61
58
26
262
355
267
18
0
30
13
33
77
72
6
0
52
N
N
N
N
N
N
N
...........................
...........................
...........................
...........................
...........................
...........................
...........................
None.
Decrease 1.
None.
None.
None.
None.
None.
102
26
26
N ...........................
by the Western GOA jig sector indicates
that the Pacific cod allocation
percentage to this sector would probably
not change in 2022, and would remain
at 3.5 percent. Also, the current catch by
the Central GOA jig sector indicates that
this sector’s Pacific cod allocation
percentage would not change in 2022,
and would remain at 1 percent. For
None.
2022 and 2023, NMFS proposes
apportioning the jig sector allocations
for the Western and Central GOA
between the A season (60 percent) and
the B season (40 percent)
(§ 679.20(a)(12)(i)). Table 4 lists the
seasonal apportionments and
allocations of the proposed 2022 and
2023 Pacific cod TACs.
TABLE 4—PROPOSED 2022 AND 2023 SEASONAL APPORTIONMENTS AND ALLOCATIONS OF PACIFIC COD TAC AMOUNTS
IN THE GOA; ALLOCATIONS IN THE WESTERN GOA AND CENTRAL GOA SECTORS, AND THE EASTERN GOA INSHORE
AND OFFSHORE PROCESSING COMPONENTS
[Values are rounded to the nearest metric ton]
A Season
Annual
allocation
(mt)
Regulatory area and sector
khammond on DSKJM1Z7X2PROD with PROPOSALS
Western GOA:
Jig (3.5% of TAC) .............................................
Hook-and-line CV .............................................
Hook-and-line CP .............................................
Trawl CV ...........................................................
Trawl CP ...........................................................
Pot CV and Pot CP ..........................................
Sector percentage
of annual non-jig
TAC
B Season
Seasonal
allowances
(mt)
Sector percentage
of annual non-jig
TAC
Seasonal
allowances
(mt)
316
122
1,724
3,344
209
3,309
N/A
0.70
10.90
31.54
0.90
19.80
190
61
949
2,747
78
1,724
N/A
0.70
8.90
6.86
1.50
18.20
126
61
775
597
131
1,585
Total ...........................................................
Central GOA:
Jig (1.0% of TAC) .............................................
Hook-and-line <50 CV ......................................
Hook-and-line ≥50 CV ......................................
Hook-and-line CP .............................................
Trawl CV 1 .........................................................
Trawl CP ...........................................................
Pot CV and Pot CP ..........................................
9,024
63.84
5,749
36.16
3,275
165
2,390
1,098
836
6,807
687
4,551
N/A
9.32
5.61
4.11
25.29
2.00
17.83
99
1,525
918
672
4,140
328
2,918
N/A
5.29
1.10
1.00
16.29
2.19
9.97
66
865
180
163
2,667
359
1,633
Total ...........................................................
16,534
64.16
10,601
35.84
5,933
Inshore (90% of Annual TAC)
VerDate Sep<11>2014
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E:\FR\FM\06DEP1.SGM
Offshore (10% of Annual TAC)
06DEP1
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Federal Register / Vol. 86, No. 231 / Monday, December 6, 2021 / Proposed Rules
TABLE 4—PROPOSED 2022 AND 2023 SEASONAL APPORTIONMENTS AND ALLOCATIONS OF PACIFIC COD TAC AMOUNTS
IN THE GOA; ALLOCATIONS IN THE WESTERN GOA AND CENTRAL GOA SECTORS, AND THE EASTERN GOA INSHORE
AND OFFSHORE PROCESSING COMPONENTS—Continued
[Values are rounded to the nearest metric ton]
A Season
Annual
allocation
(mt)
Regulatory area and sector
Eastern GOA ............................................................
Sector percentage
of annual non-jig
TAC
2,403
B Season
Seasonal
allowances
(mt)
Sector percentage
of annual non-jig
TAC
2,163
Seasonal
allowances
(mt)
240
1 Trawl
catcher vessels participating in Rockfish Program cooperatives receive 3.81 percent, or 630 mt, of the annual Central GOA Pacific cod
TAC (see Table 28c to 50 CFR part 679). This apportionment is deducted from the Trawl CV B season allowance (see Table 9: Proposed 2022
and 2023 Apportionments of Rockfish Secondary Species in the Central GOA and Table 28c to 50 CFR part 679).
Proposed Allocations of the Sablefish
TAC Amounts to Vessels Using Fixed
Gear and Trawl Gear
Section 679.20(a)(4)(i) and (ii)
requires allocations of sablefish TACs
for each of the regulatory areas and
districts to fixed and trawl gear. In the
Western and Central Regulatory Areas,
80 percent of each TAC is allocated to
fixed gear, and 20 percent of each TAC
is allocated to trawl gear. In the Eastern
Regulatory Area, 95 percent of the TAC
is allocated to fixed gear, and 5 percent
is allocated to trawl gear. The trawl gear
allocation in the Eastern Regulatory
Area may be used only to support
incidental catch of sablefish while
directed fishing for other target species
using trawl gear (§ 679.20(a)(4)(i)).
In recognition of the prohibition
against trawl gear in the SEO District of
the Eastern Regulatory Area, the Council
recommended and NMFS proposes
specifying for incidental catch the
allocation of 5 percent of the Eastern
Regulatory Area sablefish (WYK and
SEO Districts combined) TAC to trawl
gear in the WYK District of the Eastern
Regulatory Area. The remainder of the
WYK District sablefish TAC is allocated
to vessels using fixed gear. This
proposed action allocates 100 percent of
the sablefish TAC in the SEO District to
vessels using fixed gear. This results in
proposed 2022 allocations of 498 mt to
trawl gear and 3,511 mt to fixed gear in
the WYK District, a proposed 2022
allocation of 5,946 mt to fixed gear in
the SEO District, and a proposed 2023
allocation of 498 mt to trawl gear in the
WYK District. Table 5 lists the
allocations of the proposed 2022
sablefish TACs to fixed and trawl gear.
Table 6 lists the allocations of the
proposed 2023 sablefish TACs to trawl
gear.
The Council recommended that the
trawl sablefish TAC be established for
two years so that retention of incidental
catch of sablefish by trawl gear could
commence in January in the second year
of the groundfish harvest specifications.
Tables 5 and 6 list the proposed 2022
and 2023 trawl allocations, respectively.
The Council also recommended that
the fixed gear sablefish TAC be
established annually to ensure that the
sablefish individual fishing quota (IFQ)
fishery is conducted concurrently with
the halibut IFQ fishery and is based on
the most recent survey information.
Since there is an annual assessment for
sablefish and since the final harvest
specifications are expected to be
published before the IFQ season begins
(typically, in early March), the Council
recommended that the fixed gear
sablefish TAC be set annually, rather
than for two years, so that the best
available scientific information could be
considered in establishing the sablefish
ABCs and TACs. Accordingly, Table 5
lists the proposed 2022 fixed gear
allocations, and the 2023 fixed gear
allocations will be specified in the 2023
and 2024 harvest specifications.
With the exception of the trawl
allocations that are provided to the
Rockfish Program (see Table 28c to 50
CFR part 679), directed fishing for
sablefish with trawl gear is closed
during the fishing year. Also, fishing for
groundfish with trawl gear is prohibited
prior to January 20 (§ 679.23(c)).
Therefore, it is not likely that the
sablefish allocation to trawl gear would
be reached before the effective date of
the final 2023 and 2024 harvest
specifications.
TABLE 5—PROPOSED 2022 SABLEFISH TAC AMOUNTS IN THE GULF OF ALASKA AND ALLOCATIONS TO FIXED AND TRAWL
GEAR
[Values are rounded to the nearest metric ton]
khammond on DSKJM1Z7X2PROD with PROPOSALS
Area/district
TAC
Fixed gear allocation
Trawl
allocation
Western ........................................................................................
Central 1 .......................................................................................
West Yakutat 2 .............................................................................
Southeast Outside .......................................................................
4,165
11,111
4,009
5,946
3,332
8,889
3,511
5,946
833
2,222
498
0
Total ......................................................................................
25,231
21,678
3,553
1 The
proposed trawl allocation of sablefish to the Central Regulatory Area is further apportioned to the Rockfish Program cooperatives (1,143
mt). See Table 9: Proposed 2022 and 2023 Apportionments of Rockfish Secondary Species in the Central GOA. This results in 1,079 mt being
available for the non-Rockfish Program trawl fisheries.
2 The proposed trawl allocation is based on allocating 5 percent of the Eastern Regulatory Area (West Yakutat and Southeast Outside Districts
combined) sablefish TAC as incidental catch to trawl gear in the West Yakutat District.
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68991
TABLE 6—PROPOSED 2023 SABLEFISH TAC AMOUNTS IN THE GULF OF ALASKA AND ALLOCATION TO TRAWL GEAR 1
[Values are rounded to the nearest metric ton]
Area/district
TAC
Fixed gear allocation
Trawl allocation
Western ........................................................................................
Central 2 .......................................................................................
West Yakutat 3 .............................................................................
Southeast Outside .......................................................................
4,165
11,111
4,009
5,946
n/a
n/a
n/a
n/a
833
2,222
498
0
Total ......................................................................................
25,231
n/a
3,553
1 The
Council recommended that the proposed 2023 harvest specifications for the fixed gear sablefish Individual Fishing Quota fisheries not be
specified in the proposed 2022 and 2023 harvest specifications.
2 The proposed trawl allocation of sablefish to the Central Regulatory Area is further apportioned to the Rockfish Program cooperatives (1,143
mt). See Table 9: Proposed 2022 and 2023 Apportionments of Rockfish Secondary Species in the Central GOA. This results in 1,079 mt being
available for the non-Rockfish Program trawl fisheries.
3 The proposed trawl allocation is based on allocating 5 percent of the Eastern Regulatory Area (West Yakutat and Southeast Outside Districts
combined) sablefish TAC as incidental catch to trawl gear in the West Yakutat District.
Proposed Allocations, Apportionments,
and Sideboard Limitations for the
Rockfish Program
These proposed 2022 and 2023
harvest specifications for the GOA
include the fishery cooperative
allocations and sideboard limitations
established by the Rockfish Program.
Program participants are primarily trawl
CVs and trawl CPs, with limited
participation by vessels using longline
gear. The Rockfish Program assigns
quota share and cooperative quota to
trawl participants for primary species
(Pacific ocean perch, northern rockfish,
and dusky rockfish) and secondary
species (Pacific cod, rougheye rockfish,
sablefish, shortraker rockfish, and
thornyhead rockfish), allows a
participant holding a license limitation
program (LLP) license with rockfish
quota share to form a rockfish
cooperative with other persons, and
allows holders of CP LLP licenses to opt
out of the fishery. The Rockfish Program
also has an entry level fishery for
rockfish primary species for vessels
using longline gear. Longline gear
includes hook-and-line, jig, troll, and
handline gear.
Under the Rockfish Program, rockfish
primary species in the Central GOA are
allocated to participants after deducting
for incidental catch needs in other
directed fisheries (§ 679.81(a)(2)).
Participants in the Rockfish Program
also receive a portion of the Central
GOA TAC of specific secondary species.
In addition to groundfish species, the
Rockfish Program allocates a portion of
the halibut PSC limit (191 mt) from the
third season deep-water species fishery
allowance for the GOA trawl fisheries to
Rockfish Program participants
(§ 679.81(d) and Table 28d to 50 CFR
part 679). The Rockfish Program also
establishes sideboard limits to restrict
the ability of harvesters operating under
the Rockfish Program to increase their
participation in other, non-Rockfish
Program fisheries. These restrictions
and halibut PSC limits are discussed in
a subsequent section in this rule titled
‘‘Rockfish Program Groundfish
Sideboard and Halibut PSC
Limitations.’’
Section 679.81(a)(2)(ii) and Table 28e
to 50 CFR part 679 require allocations
of 5 mt of Pacific ocean perch, 5 mt of
northern rockfish, and 50 mt of dusky
rockfish to the entry level longline
fishery in 2022 and 2023. The allocation
for the entry level longline fishery may
increase incrementally each year if the
catch exceeds 90 percent of the
allocation of a species. The incremental
increase in the allocation would
continue each year until it reaches the
maximum percentage of the TAC for
that species. In 2021, the catch for all
three primary species did not exceed 90
percent of any allocated rockfish
species. Therefore, NMFS is not
proposing any increases to the entry
level longline fishery 2022 and 2023
allocations in the Central GOA. The
remainder of the TACs for the rockfish
primary species, after subtracting the
ICAs, would be allocated to the CV and
CP cooperatives (§ 679.81(a)(2)(iii)).
Table 7 lists the allocations of the
proposed 2022 and 2023 TACs for each
rockfish primary species to the entry
level longline fishery, the potential
incremental increases for future years,
and the maximum percentages of the
TACs for the entry level longline
fishery.
TABLE 7—PROPOSED 2022 AND 2023 ALLOCATIONS OF ROCKFISH PRIMARY SPECIES TO THE ENTRY LEVEL LONGLINE
FISHERY IN THE CENTRAL GULF OF ALASKA
khammond on DSKJM1Z7X2PROD with PROPOSALS
Rockfish primary species
Pacific ocean perch .....................................................................
Northern rockfish .........................................................................
Dusky rockfish .............................................................................
Section 679.81 requires allocations of
rockfish primary species among various
sectors of the Rockfish Program. Table 8
lists the proposed 2022 and 2023
allocations of rockfish primary species
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Incremental increase in
2023 if >90 percent of
2022 allocation is
harvested
(metric tons)
Proposed 2022 and
2023 allocations
(metric tons)
5
5
50
in the Central GOA to the entry level
longline fishery, and rockfish CV and
CP cooperatives in the Rockfish
Program. NMFS also proposes setting
aside ICAs for other directed fisheries in
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Up to
maximum
percent
of each TAC of
5
5
20
the Central GOA of 2,500 mt of Pacific
ocean perch, 300 mt of northern
rockfish, and 250 mt of dusky rockfish.
These amounts are based on recent
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2
5
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average incidental catches in the Central
GOA by other groundfish fisheries.
Allocations among vessels belonging
to CV or CP cooperatives are not
included in these proposed harvest
specifications. Rockfish Program
applications for CV cooperatives and CP
cooperatives are not due to NMFS until
March 1 of each calendar year;
therefore, NMFS cannot calculate 2022
and 2023 allocations in conjunction
with these proposed harvest
specifications. NMFS will post the 2022
allocations on the Alaska Region
website at https://
www.fisheries.noaa.gov/alaska/
sustainable-fisheries/alaska-fisheriesmanagement-reports#central-goarockfish when they become available
after March 1.
TABLE 8—PROPOSED 2022 AND 2023 ALLOCATIONS OF ROCKFISH PRIMARY SPECIES IN THE CENTRAL GULF OF ALASKA
TO THE ENTRY LEVEL LONGLINE FISHERY AND ROCKFISH COOPERATIVES IN THE ROCKFISH PROGRAM
[Values are rounded to the nearest metric ton]
Incidental
catch
allowance
(ICA)
Central
GOA TAC
Rockfish primary species
TAC minus
ICA
Allocation
to the entry
level longline 1
fishery
Allocation
to the rockfish
Cooperatives 2
Pacific ocean perch .............................................................
Northern rockfish ..................................................................
Dusky rockfish ......................................................................
26,234
3,173
4,469
2,500
300
250
23,734
2,873
4,219
5
5
50
23,729
2,868
4,169
Total ..............................................................................
33,876
3,050
30,826
60
30,766
1 Longline
2 Rockfish
gear includes hook-and-line, jig, troll, and handline gear (50 CFR 679.2).
cooperatives include vessels in CV and CP cooperatives (50 CFR 679.81).
Section 679.81(c) and Table 28c to 50
CFR part 679 requires allocations of
rockfish secondary species to CV and CP
cooperatives in the Central GOA. CV
cooperatives receive allocations of
Pacific cod, sablefish from the trawl gear
allocation, and thornyhead rockfish. CP
cooperatives receive allocations of
sablefish from the trawl gear allocation,
rougheye and blackspotted rockfish,
shortraker rockfish, and thornyhead
rockfish. Table 9 lists the
apportionments of the proposed 2022
and 2023 TACs of rockfish secondary
species in the Central GOA to CV and
CP cooperatives.
TABLE 9—PROPOSED 2022 AND 2023 APPORTIONMENTS OF ROCKFISH SECONDARY SPECIES IN THE CENTRAL GOA TO
CATCHER VESSEL AND CATCHER/PROCESSOR COOPERATIVES
[Values are in metric tons]
Catcher Vessel cooperatives
Central GOA
annual TAC
Rockfish secondary species
Pacific cod ............................................................................
Sablefish ..............................................................................
Shortraker rockfish ...............................................................
Rougheye and blackspotted rockfish ...................................
Thornyhead rockfish ............................................................
khammond on DSKJM1Z7X2PROD with PROPOSALS
Halibut PSC Limits
Section 679.21(d) establishes annual
halibut PSC limit apportionments to
trawl and hook-and-line gear, and
authorizes the establishment of
apportionments for pot gear. In October
2021, the Council recommended, and
NMFS proposes, halibut PSC limits of
1,706 mt for trawl gear, 257 mt for hookand-line gear, and 9 mt for the demersal
shelf rockfish (DSR) fishery in the SEO
District for both 2022 and 2023.
The DSR fishery in the SEO District
is defined at § 679.21(d)(2)(ii)(A). This
fishery is apportioned 9 mt of the
halibut PSC limit in recognition of its
small-scale harvests of groundfish
(§ 679.21(d)(2)(i)(A)). The separate
halibut PSC limit for the DSR fishery is
intended to prevent that fishery from
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Percentage
of TAC
16,534
11,111
284
459
910
3.81
6.78
0.00
0.00
7.84
being impacted from the halibut PSC
incurred by other GOA fisheries. NMFS
estimates low halibut bycatch in the
DSR fishery because: (1) The duration of
the DSR fisheries and the gear soak
times are short; (2) the DSR fishery
occurs in the winter when there is less
overlap in the distribution of DSR and
halibut; and (3) the directed commercial
DSR fishery has a low DSR TAC. The
Alaska Department of Fish and Game
sets the commercial GHL for the DSR
fishery after deducting: (1) Estimates of
DSR incidental catch in all fisheries
(including halibut and subsistence); and
(2) the allocation to the DSR sport fish
fishery. In 2021, the commercial fishery
for DSR was closed due to concerns
about declining DSR biomass.
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Apportionment
(mt)
630
753
0
0
71
Catcher/processor
cooperatives
Percentage
of TAC
0.00
3.51
40.00
58.87
26.50
Apportionment
(mt)
0
390
114
270
241
The FMP authorizes the Council to
exempt specific gear from the halibut
PSC limits. NMFS, after consultation
with the Council, proposes to exempt
pot gear, jig gear, and the sablefish IFQ
hook-and-line gear fishery categories
from the non-trawl halibut PSC limit for
2022 and 2023. The Council
recommended, and NMFS is proposing,
these exemptions because (1) pot gear
fisheries have low annual halibut
bycatch mortality; (2) IFQ program
regulations prohibit discard of halibut if
any halibut IFQ permit holder on board
a CV holds unused halibut IFQ for that
vessel category and the IFQ regulatory
area in which the vessel is operating
(§ 679.7(f)(11)); (3) some sablefish IFQ
permit holders hold halibut IFQ permits
and are therefore required to retain the
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halibut they catch while fishing
sablefish IFQ; and (4) NMFS estimates
negligible halibut mortality for the jig
gear fisheries given the small amount of
groundfish harvested by jig gear, the
selective nature of jig gear, and the high
survival rates of halibut caught and
released with jig gear.
The best available information on
estimated halibut bycatch consists of
data collected by fisheries observers
during 2021. The calculated halibut
bycatch mortality through November 6,
2021 is 313 mt for trawl gear and 59 mt
for hook-and-line gear, for a total halibut
mortality of 372 mt. This halibut
mortality was calculated using
groundfish and IFQ halibut catch data
from the NMFS Alaska Region’s catch
accounting system. This accounting
system contains historical and recent
catch information compiled from each
Alaska groundfish and IFQ halibut
fishery.
Section 679.21(d)(4)(i) and (ii)
authorizes NMFS to seasonally
apportion the halibut PSC limits after
consultation with the Council. The FMP
and regulations require that the Council
and NMFS consider the following
information in seasonally apportioning
halibut PSC limits: (1) Seasonal
distribution of halibut; (2) seasonal
distribution of target groundfish species
relative to halibut distribution; (3)
expected halibut bycatch needs on a
seasonal basis relative to changes in
halibut biomass and expected catch of
target groundfish species; (4) expected
bycatch rates on a seasonal basis; (5)
expected changes in directed groundfish
fishing seasons; (6) expected actual start
of fishing effort; and (7) economic
effects of establishing seasonal halibut
allocations on segments of the target
groundfish industry. Based on public
comment, information presented in the
2021 SAFE report, NMFS catch data,
State catch data, or International Pacific
Halibut Commission (IPHC) stock
assessment and mortality data, the
Council may recommend or NMFS may
make changes to the seasonal, gear-type,
or fishery category apportionments of
68993
halibut PSC limits for the final 2022 and
2023 harvest specifications pursuant to
§ 679.21(d)(1) and (d)(4).
The final 2021 and 2022 harvest
specifications (86 FR 10184, February
19, 2021) summarized the Council’s and
NMFS’s findings for these FMP and
regulatory considerations with respect
to halibut PSC limits. The Council’s and
NMFS’s proposed findings for these
proposed 2022 and 2023 harvest
specifications are unchanged from the
final 2021 and 2022 harvest
specifications. Table 10 lists the
proposed 2022 and 2023 Pacific halibut
PSC limits, allowances, and
apportionments. The halibut PSC limits
in Tables 10, 11, and 12 reflect the
halibut PSC limits set forth at
§ 679.21(d)(2) and (3). Section
679.21(d)(4)(iii) and (iv) specifies that
any underages or overages of a seasonal
apportionment of a halibut PSC limit
will be added to or deducted from the
next respective seasonal apportionment
within the fishing year.
TABLE 10—PROPOSED 2022 AND 2023 PACIFIC HALIBUT PSC LIMITS, ALLOWANCES, AND APPORTIONMENTS
[Values are in metric tons]
Hook-and-line gear 1
Trawl gear
Other than DSR
Season
Percent
DSR
Amount
Season
January 20–April 1 .........
April 1–July 1 .................
July 1–August 1 .............
30.5
20
27
519
341
462
August 1–October 1 .......
October 1–December 31
7.5
15
128
256
Total ........................
........................
1,706
Percent
Amount
Season
Percent
January 1–June 10 .......
June 10–September 1 ..
September 1–December
31.
86
2
12
221
5
31
January 1–December 31
9
.......................................
........................
257
.......................................
9
1 The
khammond on DSKJM1Z7X2PROD with PROPOSALS
Pacific halibut prohibited species catch (PSC) limit for hook-and-line gear is allocated to the demersal shelf rockfish (DSR) fishery in the SEO District and to
hook-and-line fisheries other than the DSR fishery. The Council recommended and NMFS proposes that the hook-and-line sablefish IFQ fishery, and the pot and jig
gear groundfish fisheries, be exempt from halibut PSC limits.
Section 679.21(d)(3)(ii) authorizes
further apportionment of the trawl
halibut PSC limit as bycatch allowances
to trawl fishery categories listed in
§ 679.21(d)(3)(iii). The annual
apportionments are based on each
category’s share of the anticipated
halibut bycatch mortality during a
fishing year and optimization of the
total amount of groundfish harvest
under the halibut PSC limit. The fishery
categories for the trawl halibut PSC
limits are: (1) A deep-water species
fishery, composed of sablefish, rockfish,
deep-water flatfish, rex sole, and
arrowtooth flounder; and (2) a shallowwater species fishery, composed of
pollock, Pacific cod, shallow-water
flatfish, flathead sole, Atka mackerel,
skates, and ‘‘other species’’ (sharks and
octopuses) (§ 679.21(d)(3)(iii)). Halibut
mortality incurred while directed
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fishing for skates with trawl gear
accrues towards the shallow-water
species fishery halibut PSC limit (69 FR
26320, May 12, 2004).
NMFS will combine available trawl
halibut PSC limit apportionments in
part of the second season deep-water
and shallow-water species fisheries for
use in either fishery from May 15
through June 30 (§ 679.21(d)(4)(iii)(D)).
This is intended to maintain groundfish
harvest while minimizing halibut
bycatch by these sectors to the extent
practicable. This provides the trawl gear
deep-water and shallow-water species
fisheries additional flexibility and the
incentive to participate in fisheries at
times of the year that may have lower
halibut PSC rates relative to other times
of the year.
Table 11 lists the proposed 2022 and
2023 seasonal apportionments of trawl
halibut PSC limits between the trawl
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gear deep-water and the shallow-water
species fisheries.
Table 28d to 50 CFR part 679 specifies
the amount of the trawl halibut PSC
limit that is assigned to the CV and CP
sectors that are participating in the
Central GOA Rockfish Program. This
includes 117 mt of halibut PSC limit to
the CV sector and 74 mt of halibut PSC
limit to the CP sector. These amounts
are allocated from the trawl deep-water
species fishery’s halibut PSC third
seasonal apportionment. After the
combined CV and CP halibut PSC limit
allocation of 191 mt to the Rockfish
Program, 150 mt remains for the trawl
deep-water species fishery’s halibut PSC
third seasonal apportionment.
Section 679.21(d)(4)(iii)(B) limits the
amount of the halibut PSC limit
allocated to Rockfish Program
participants that could be reapportioned to the general GOA trawl
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Federal Register / Vol. 86, No. 231 / Monday, December 6, 2021 / Proposed Rules
fisheries for the last seasonal
apportionment during the current
fishing year to no more than 55 percent
of the unused annual halibut PSC limit
apportioned to Rockfish Program
participants. The remainder of the
unused Rockfish Program halibut PSC
limit is unavailable for use by any
person for the remainder of the fishing
year (§ 679.21(d)(4)(iii)(C)).
TABLE 11—PROPOSED 2022 AND 2023 APPORTIONMENT OF THE PACIFIC HALIBUT PSC LIMITS BETWEEN THE TRAWL
GEAR SHALLOW-WATER AND DEEP-WATER SPECIES FISHERY CATEGORIES
[Values are in metric tons]
Season
Shallow-water
Deep-water 1
January 20–April 1 .......................................................................................................................
April 1–July 1 ...............................................................................................................................
July 1–August 1 ...........................................................................................................................
August 1–October 1 .....................................................................................................................
Subtotal, January 20–October 1 ..................................................................................................
October 1–December 31 2 ...........................................................................................................
384
85
121
53
643
........................
135
256
341
75
807
........................
519
341
462
128
1,450
256
Total ......................................................................................................................................
........................
........................
1,706
Total
1 Vessels
participating in cooperatives in the Central GOA Rockfish Program will receive 191 mt of the third season (July 1 through August 1)
deep-water species fishery halibut PSC apportionment.
2 There is no apportionment between trawl shallow-water and deep-water species fisheries during the fifth season (October 1 through December 31).
Section 679.21(d)(2)(i)(B) requires that
the ‘‘other hook-and-line fishery’’
halibut PSC limit apportionment to
vessels using hook-and-line gear must
be apportioned between CVs and CPs in
accordance with § 679.21(d)(2)(iii) in
conjunction with these harvest
specifications. A comprehensive
description and example of the
calculations necessary to apportion the
‘‘other hook-and-line fishery’’ halibut
PSC limit between the hook-and-line CV
and CP sectors were included in the
proposed rule to implement
Amendment 83 to the FMP (76 FR
44700, July 26, 2011) and are not
repeated here.
Pursuant to § 679.21(d)(2)(iii), the
hook-and-line halibut PSC limit for the
‘‘other hook-and-line fishery’’ is
apportioned between the CV and CP
sectors in proportion to the total
Western and Central GOA Pacific cod
allocations, which vary annually based
on the proportion of the Pacific cod
biomass between the Western, Central,
and Eastern GOA. Pacific cod is
apportioned among these three
management areas based on the
percentage of overall biomass per area,
as calculated in the 2020 Pacific cod
stock assessment. Updated information
in the final 2020 SAFE report describes
this distributional calculation, which
allocates ABC among GOA regulatory
areas on the basis of the three most
recent stock surveys. For 2022 and 2023,
the proposed distribution of the total
GOA Pacific cod ABC is 32 percent to
the Western GOA, 59 percent to the
Central GOA, and 9 percent to the
Eastern GOA. Therefore, the
calculations made in accordance with
§ 679.21(d)(2)(iii) incorporate the most
recent information on GOA Pacific cod
distribution and allocations with respect
to the proposed annual halibut PSC
limits for the CV and CP hook-and-line
sectors. Additionally, the annual halibut
PSC limits for both the CV and CP
sectors of the ‘‘other hook-and-line
fishery’’ are proposed to be divided into
three seasonal apportionments, using
seasonal percentages of 86 percent, 2
percent, and 12 percent.
For 2022 and 2023, NMFS proposes
annual halibut PSC limits of 144 mt and
113 mt to the hook-and-line CV and
hook-and-line CP sectors, respectively.
Table 12 lists the proposed 2022 and
2023 apportionments of halibut PSC
limits between the hook-and-line CV
and the hook-and-line CP sectors of the
‘‘other hook-and-line fishery.’’
No later than November 1 of each
year, NMFS will calculate the projected
unused amount of halibut PSC limit by
either of the CV or CP hook-and-line
sectors of the ‘‘other hook-and-line
fishery’’ for the remainder of the year.
The projected unused amount of halibut
PSC limit is made available to the other
hook-and-line sector for the remainder
of that fishing year
(§ 679.21(d)(2)(iii)(C)), if NMFS
determines that an additional amount of
halibut PSC is necessary for that sector
to continue its directed fishing
operations.
TABLE 12—PROPOSED 2022 AND 2023 APPORTIONMENTS OF THE ‘‘OTHER HOOK-AND-LINE FISHERY’’ ANNUAL HALIBUT
PSC ALLOWANCE BETWEEN THE HOOK-AND-LINE GEAR CATCHER VESSEL AND CATCHER/PROCESSOR SECTORS
khammond on DSKJM1Z7X2PROD with PROPOSALS
[Values are in metric tons]
‘‘Other than
DSR’’ allowance
Hook-and-line sector
257 ....................
Catcher Vessel ....................
144
Catcher/Processor ...............
113
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Sector annual
amount
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Seasonal
percentage
Season
January 1–June 10 ....................................
June 10–September 1 ................................
September 1–December 31 .......................
January 1–June 10 ....................................
June 10–September 1 ................................
September 1–December 31 .......................
Fmt 4702
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E:\FR\FM\06DEP1.SGM
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86
2
12
86
2
12
Sector
seasonal
amount
124
3
17
97
2
14
Federal Register / Vol. 86, No. 231 / Monday, December 6, 2021 / Proposed Rules
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 (DMR), and
estimates of groundfish catch to project
when a fishery’s halibut bycatch
mortality allowance or seasonal
apportionment is reached. Halibut
incidental catch rates are based on
observers’ estimates of halibut
incidental catch in the groundfish
fishery. DMRs are estimates of the
proportion of incidentally caught
halibut that do not survive after being
returned to the sea. The cumulative
halibut mortality that accrues to a
particular halibut PSC limit is the
product of a DMR multiplied by the
estimated halibut PSC. DMRs are
estimated using the best scientific
information available in conjunction
with the annual GOA stock assessment
process. The DMR methodology and
findings are included as an appendix to
the annual GOA groundfish SAFE
report.
In 2016, the DMR estimation
methodology underwent revisions per
68995
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 two-year reference period.
Comparing the proposed 2022 and 2023
DMRs to the final DMRs from the final
2021 and 2022 harvest specifications,
the proposed DMR for Rockfish Program
CVs using non-pelagic trawl gear
increased to 66 percent from 60 percent,
the proposed DMR for CVs using hookand-line gear decreased to 12 percent
from 13 percent, the proposed DMR for
motherships and CPs using non-pelagic
trawl gear decreased to 83 percent from
84 percent, and the proposed DMR for
CPs and CVs using pot gear increased to
29 percent from 10 percent. Table 13
lists the proposed 2022 and 2023 DMRs.
the Council’s directive. An interagency
halibut working group (IPHC, Council,
and NMFS staff) developed improved
estimation methods that have
undergone review by the Plan Team, the
SSC, and the Council. A summary of the
revised methodology is contained in the
GOA proposed 2017 and 2018 harvest
specifications (81 FR 87881, December
6, 2016), and the comprehensive
discussion of the working group’s
statistical methodology is available from
the Council (see ADDRESSES). The DMR
working group’s revised methodology is
intended to improve estimation
accuracy, transparency, and
transferability for calculating DMRs.
The working group will continue to
consider improvements to the
methodology used to calculate halibut
mortality, including potential changes
to the reference period (the period of
data used for calculating the DMRs).
Future DMRs may change based on
additional years of observer sampling,
which could provide more recent and
accurate data and which could improve
the accuracy of estimation and progress
on methodology. The methodology will
continue to ensure that NMFS is using
TABLE 13—PROPOSED 2022 AND 2023 DISCARD MORTALITY RATES FOR VESSELS FISHING IN THE GULF OF ALASKA
[Values are percent of halibut assumed to be dead]
Gear
Sector
Groundfish fishery
Pelagic trawl ............................
Catcher vessel .........................................................................
Catcher/processor ....................................................................
Catcher vessel .........................................................................
Catcher vessel .........................................................................
Mothership and catcher/processor ...........................................
Catcher/processor ....................................................................
Catcher vessel .........................................................................
Catcher vessel and catcher/processor ....................................
All ............................................
All ............................................
Rockfish Program ...................
All others .................................
All ............................................
All ............................................
All ............................................
All ............................................
Non-pelagic trawl .....................
Hook-and-line ..........................
Pot ...........................................
khammond on DSKJM1Z7X2PROD with PROPOSALS
Chinook Salmon Prohibited Species
Catch Limits
Section 679.21(h)(2) establishes
separate Chinook salmon PSC limits in
the Western and Central regulatory areas
of the GOA in the trawl pollock directed
fishery. These limits require that NMFS
close directed fishing for pollock in the
Western and Central GOA if the
applicable Chinook salmon PSC limit is
reached (§ 679.21(h)(8)). The annual
Chinook salmon PSC limits in the trawl
pollock directed fishery of 6,684 salmon
in the Western GOA and 18,316 salmon
in the Central GOA are set in
§ 679.21(h)(2)(i) and (ii).
Section 679.21(h)(3) established an
initial annual PSC limit of 7,500
Chinook salmon for the non-pollock
groundfish trawl fisheries in the
Western and Central GOA. This limit is
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apportioned among the three sectors
that conduct directed fishing for
groundfish species other than pollock:
3,600 Chinook salmon to trawl CPs;
1,200 Chinook salmon to trawl CVs
participating in the Rockfish Program;
and 2,700 Chinook salmon to trawl CVs
not participating in the Rockfish
Program (§ 679.21(h)(4)). NMFS will
monitor the Chinook salmon PSC in the
trawl non-pollock GOA groundfish
fisheries and close an applicable sector
if it reaches its Chinook salmon PSC
limit.
The Chinook salmon PSC limit for
two sectors, trawl CPs and trawl CVs not
participating in the Rockfish Program,
may be increased in subsequent years
based on the performance of these two
sectors and their ability to minimize
their use of their respective Chinook
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Halibut discard
mortality rate
(percent)
100
100
66
69
83
15
12
29
salmon PSC limits. If either or both of
these two sectors limit its use of
Chinook salmon PSC to a certain
threshold amount in 2021 (3,120 for
trawl CPs and 2,340 for non-Rockfish
Program trawl CVs), that sector will
receive an increase to its 2022 Chinook
salmon PSC limit (4,080 for trawl CPs
and 3,060 for non-Rockfish Program
trawl CVs) (§ 679.21(h)(4)). NMFS will
evaluate the annual Chinook salmon
PSC by trawl CPs and non-Rockfish
Program trawl CVs when the 2021
fishing year is complete to determine
whether to increase the Chinook salmon
PSC limits for these two sectors. Based
on preliminary 2021 Chinook salmon
PSC data, the trawl CP sector may
receive an incremental increase of
Chinook salmon PSC limit in 2022, and
the non-Rockfish Program trawl CV
E:\FR\FM\06DEP1.SGM
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68996
Federal Register / Vol. 86, No. 231 / Monday, December 6, 2021 / Proposed Rules
sector will not receive an incremental
increase of Chinook salmon PSC limit in
2022. This evaluation will be completed
in conjunction with the final 2022 and
2023 harvest specifications.
American Fisheries Act (AFA) CP and
CV Groundfish Harvest and PSC Limits
Section 679.64 establishes groundfish
harvesting and processing sideboard
limits on AFA CPs and CVs in the GOA.
These sideboard limits are necessary to
protect the interests of fishermen and
processors who do not directly benefit
from the AFA from those fishermen and
processors who receive exclusive
harvesting and processing privileges
under the AFA. Section 679.7(k)(1)(ii)
prohibits listed AFA CPs and CPs
designated on a listed AFA CP permit
from harvesting any species of fish in
the GOA. Additionally, § 679.7(k)(1)(iv)
prohibits listed AFA CPs and CPs
designated on a listed AFA CP permit
from processing any pollock harvested
in a directed pollock fishery in the GOA
and any groundfish harvested in
Statistical Area 630 of the GOA.
AFA CVs that are less than 125 feet
(38.1 meters) length overall, have
annual landings of pollock in the Bering
Sea and Aleutian Islands of less than
5,100 mt, and have made at least 40
landings of GOA groundfish from 1995
through 1997 are exempt from GOA CV
groundfish sideboard limits under
§ 679.64(b)(2)(ii). Sideboard limits for
non-exempt AFA CVs in the GOA are
based on their traditional harvest levels
of TAC in groundfish fisheries covered
by the FMP. Section 679.64(b)(3)(iv)
establishes the CV groundfish sideboard
limits in the GOA based on the
aggregate retained catch by non-exempt
AFA CVs of each sideboard species from
1995 through 1997 divided by the TAC
for that species over the same period.
NMFS published a final rule (84 FR
2723, February 8, 2019) that
implemented regulations to prohibit
non-exempt AFA CVs from directed
fishing for specific groundfish species or
species groups subject to sideboard
limits (§ 679.20(d)(1)(iv)(D) and Table
56 to 50 CFR part 679). Sideboard limits
not subject to the final rule continue to
be calculated and included in the GOA
annual harvest specifications.
Table 14 lists the proposed 2022 and
2023 groundfish sideboard limits for
non-exempt AFA CVs. NMFS will
deduct all targeted or incidental catch of
sideboard species made by non-exempt
AFA CVs from the sideboard limits
listed in Table 14.
TABLE 14—PROPOSED 2022 AND 2023 GOA NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL (CV)
GROUNDFISH SIDEBOARD LIMITS
[Values are rounded to the nearest metric ton]
Ratio of
1995–1997
non-exempt AFA
CV catch to
1995–1997 TAC
Species
Apportionments by season/gear
Area/component
Pollock ..............................
A Season January 20–May 31 ....
Shumagin (610) .....
Chirikof (620) .........
Kodiak (630) ...........
Shumagin (610) .....
Chirikof (620) .........
Kodiak (630) ...........
WYK (640) .............
SEO (650) ..............
W ............................
C .............................
W ............................
C .............................
W ............................
C .............................
C .............................
E .............................
C .............................
C .............................
C .............................
C .............................
E .............................
C .............................
B Season September 1–November 1.
Annual ..........................................
Pacific cod ........................
A Season 1 January 1–June 10 ...
Flatfish, shallow-water ......
B Season 2 September 1–December 31.
Annual ..........................................
Flatfish, deep-water ..........
Annual ..........................................
Rex sole ............................
Arrowtooth flounder ..........
Flathead sole ....................
Pacific ocean perch ..........
Annual
Annual
Annual
Annual
Northern rockfish ..............
Annual ..........................................
..........................................
..........................................
..........................................
..........................................
Proposed 2022
and 2023
TACs 3
0.6047
0.1167
0.2028
0.6047
0.1167
0.2028
0.3495
0.3495
0.1331
0.0692
0.1331
0.0692
0.0156
0.0587
0.0647
0.0128
0.0384
0.0280
0.0213
0.0748
0.0466
0.0277
695
36,294
5,476
15,372
11,420
15,672
4,706
10,148
5,749
10,601
3,275
5,933
13,250
28,442
1,914
3,787
8,912
67,154
15,400
26,234
6,796
3,173
Proposed 2022
and 2023
non-exempt AFA
CV sideboard
limit
420
4,235
1,111
9,295
1,333
3,178
1,645
3,547
765
734
436
411
207
1,670
124
48
342
1,880
328
1,962
317
88
1 The
khammond on DSKJM1Z7X2PROD with PROPOSALS
Pacific cod A season for trawl gear does not open until January 20.
2 The Pacific cod B season for trawl gear closes November 1.
3 The Western and Central GOA and WYK District area apportionments of pollock are considered ACLs.
Non-Exempt AFA Catcher Vessel
Halibut PSC Limits
The halibut PSC sideboard limits for
non-exempt AFA CVs in the GOA are
based on the aggregate retained
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groundfish catch by non-exempt AFA
CVs in each PSC target category from
1995 through 1997 divided by the
retained catch of all vessels in that
fishery from 1995 through 1997
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(§ 679.64(b)(4)(ii)). Table 15 lists the
proposed 2022 and 2023 non-exempt
AFA CV halibut PSC limits for vessels
using trawl gear in the GOA.
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Federal Register / Vol. 86, No. 231 / Monday, December 6, 2021 / Proposed Rules
68997
TABLE 15–PROPOSED 2022 AND 2023 NON-EXEMPT AFA CV HALIBUT PSC SIDEBOARD LIMITS FOR VESSELS USING
TRAWL GEAR IN THE GOA
[PSC limits are rounded to the nearest metric ton]
Ratio of
1995–1997
non-exempt AFA
CV retained
catch to
total retained
catch
Season
Season dates
Fishery category
1 ........................................
January 20–April 1 .......................
2 ........................................
April 1–July 1 ...............................
3 ........................................
July 1–August 1 ...........................
4 ........................................
August 1–October 1 .....................
5 ........................................
October 1–December 31 .............
shallow-water .........
deep-water .............
shallow-water .........
deep-water .............
shallow-water .........
deep-water .............
shallow-water .........
deep-water .............
all targets ...............
Annual
Non-AFA Crab Vessel Groundfish
Harvest Limitations
Section 680.22 establishes groundfish
sideboard limits for vessels with a
history of participation in the Bering
Sea snow crab fishery to prevent these
vessels from using the increased
flexibility provided by the Crab
Rationalization (CR) Program to expand
their level of participation in the GOA
groundfish fisheries. Sideboard harvest
limits restrict these vessels’ catch to
their collective historical landings in
each GOA groundfish fishery (except
the fixed-gear sablefish fishery).
Sideboard limits also apply to landings
made using an LLP license derived from
the history of a restricted vessel, even if
Proposed
2022 and 2023
PSC limit
Proposed
2022 and 2023
non-exempt
AFA CV
PSC limit
0.340
0.070
0.340
0.070
0.340
0.070
0.340
0.070
0.205
384
135
85
256
121
341
53
75
256
131
9
29
18
41
24
18
5
52
Total shallow-water
............................
............................
219
Total deep-water ....
............................
............................
56
Grand Total, all
seasons and categories.
............................
1,706
328
that LLP license is used on another
vessel.
The basis for these sideboard harvest
limits is described in detail in the final
rules implementing the major
provisions of the CR Program, including
Amendments 18 and 19 to the Fishery
Management Plan for Bering Sea/
Aleutian Islands King and Tanner Crabs
(Crab FMP) (70 FR 10174, March 2,
2005), Amendment 34 to the Crab FMP
(76 FR 35772, June 20, 2011),
Amendment 83 to the GOA FMP (76 FR
74670, December 1, 2011), and
Amendment 45 to the Crab FMP (80 FR
28539, May 19, 2015). Also, NMFS
published a final rule (84 FR 2723,
February 8, 2019) that implemented
regulations to prohibit non-AFA crab
vessels from directed fishing for all
groundfish species or species groups
subject to sideboard limits, except for
Pacific cod apportioned to CVs using
pot gear in the Western and Central
Regulatory Areas (§ 680.22(e)(1)(iii)).
Accordingly, the GOA annual harvest
specifications will include only the nonAFA crab vessel groundfish sideboard
limits for Pacific cod apportioned to
CVs using pot gear in the Western and
Central Regulatory Areas.
Table 16 lists the proposed 2022 and
2023 groundfish sideboard limits for
non-AFA crab vessels. All targeted or
incidental catch of sideboard species
made by non-AFA crab vessels or
associated LLP licenses will be
deducted from these sideboard limits.
TABLE 16—PROPOSED 2022 AND 2023 GOA NON-AMERICAN FISHERIES ACT CRAB VESSEL GROUNDFISH SIDEBOARD
LIMITS
khammond on DSKJM1Z7X2PROD with PROPOSALS
[Values are rounded to the nearest metric ton]
Ratio of
1996–2000
non-AFA crab
vessel catch
to 1996–2000
total harvest
Proposed
2022 and
2023 TACs
Proposed
2022 and 2023
non-AFA
crab vessel
sideboard limit
Species
Season/gear
Area/component/
gear
Pacific cod ........................
A Season January 1–June 10 .....
Western Pot CV .....
Central Pot CV .......
Western Pot CV .....
0.0997
0.0474
0.0997
5,749
10,601
3,275
573
502
327
Central Pot CV .......
0.0474
5,933
281
B Season September 1–December 31.
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68998
Federal Register / Vol. 86, No. 231 / Monday, December 6, 2021 / Proposed Rules
Rockfish Program Groundfish Sideboard
and Halibut PSC Limitations
The Rockfish Program establishes
three classes of sideboard provisions:
CV groundfish sideboard restrictions,
CP rockfish sideboard restrictions, and
CP opt-out vessel sideboard restrictions
(§ 679.82(c)(1)). These sideboards are
intended to limit the ability of rockfish
harvesters to expand into other
fisheries.
CVs participating in the Rockfish
Program may not participate in directed
fishing for dusky rockfish, Pacific ocean
perch, and northern rockfish in the
Western GOA and West Yakutat District
from July 1 through July 31. Also, CVs
may not participate in directed fishing
for arrowtooth flounder, deep-water
flatfish, and rex sole in the GOA from
July 1 through July 31 (§ 679.82(d)).
CPs participating in Rockfish Program
cooperatives are restricted by rockfish
and halibut PSC sideboard limits. These
CPs are prohibited from directed fishing
for dusky rockfish, Pacific ocean perch,
and northern rockfish in the Western
GOA and West Yakutat District from
July 1 through July 31 (§ 679.82(e)(2)).
Holders of CP-designated LLP licenses
that opt out of participating in a
Rockfish Program cooperative will be
able to access that portion of each
rockfish sideboard limits that is not
assigned to Rockfish Program
cooperatives (§ 679.82(e)(7)). The
sideboard ratio for each rockfish fishery
in the Western GOA and West Yakutat
District is set forth in § 679.82(e)(3) and
(e)(4). Table 17 lists the proposed 2022
and 2023 Rockfish Program CP rockfish
sideboard limits in the Western GOA
and West Yakutat District. Due to
confidentiality requirements associated
with fisheries data, the sideboard limits
for the West Yakutat District are not
displayed.
TABLE 17—PROPOSED 2022 AND 2023 ROCKFISH PROGRAM SIDEBOARD LIMITS FOR THE WESTERN GOA AND WEST
YAKUTAT DISTRICT BY FISHERY FOR THE CATCHER/PROCESSOR (CP) SECTOR
[Values are rounded to the nearest metric ton]
Area
Fishery
CP sector
(% of TAC)
Western GOA .......................................
Dusky rockfish .....................................
Pacific ocean perch .............................
Northern rockfish .................................
Dusky rockfish .....................................
Pacific ocean perch .............................
72.3 .............................
50.6 .............................
74.3 .............................
Confidential.1 ..............
Confidential.1 ..............
West Yakutat District ............................
1 Not
Proposed 2022
and 2023 TACs
265
1,572
1,926
460
1,631
Proposed 2022
and 2023 CP
sideboard limit
192.
795.
1,431.
Confidential.1
Confidential.1
released due to confidentiality requirements associated with fish ticket data, as established by NMFS and the State of Alaska.
Under the Rockfish Program, the CP
sector is subject to halibut PSC
sideboard limits for the trawl deepwater and shallow-water species
fisheries from July 1 through July 31
(§ 679.82(e)(3) and (e)(5)). Halibut PSC
sideboard ratios by fishery are set forth
in § 679.82(e)(5). No halibut PSC
sideboard limits apply to the CV sector,
as vessels participating in a rockfish
cooperative receive a portion of the
annual halibut PSC limit. CPs that opt
out of the Rockfish Program would be
able to access that portion of the deepwater and shallow-water halibut PSC
sideboard limit not assigned to CP
rockfish cooperatives. The sideboard
provisions for CPs that elect to opt out
of participating in a rockfish cooperative
are described in § 679.82(c), (e), and (f).
Sideboard limits are linked to the catch
history of specific vessels that may
choose to opt out. After March 1, NMFS
will determine which CPs have optedout of the Rockfish Program in 2022,
and will know the ratios and amounts
used to calculate opt-out sideboard
ratios. NMFS will then calculate any
applicable opt-out sideboard limits for
2022 and post these limits on the Alaska
Region website at https://
www.fisheries.noaa.gov/alaska/
sustainable-fisheries/alaska-fisheriesmanagement-reports#central-goarockfish. Table 18 lists the proposed
2022 and 2023 Rockfish Program halibut
PSC sideboard limits for the CP sector.
TABLE 18—PROPOSED 2022 AND 2023 ROCKFISH PROGRAM HALIBUT PSC SIDEBOARD LIMITS FOR THE CATCHER/
PROCESSOR SECTOR
khammond on DSKJM1Z7X2PROD with PROPOSALS
[Values are rounded to the nearest metric ton]
Sector
Shallow-water
species
fishery
halibut PSC
sideboard
ratio
(percent)
Deep-water
species
fishery
halibut PSC
sideboard
ratio
(percent)
Catcher/processor ............................................
0.10
2.50
Amendment 80 Program Groundfish
and PSC Sideboard Limits
Amendment 80 to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (Amendment 80
Program) established a limited access
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Jkt 256001
Annual
halibut
PSC limit
(mt)
Annual
shallow-water
species
fishery
halibut PSC
sideboard
limit
(mt)
Annual
deep-water
species
fishery
halibut PSC
sideboard
limit
(mt)
1,706
2
43
privilege program for the non-AFA trawl
CP sector. The Amendment 80 Program
established groundfish and halibut PSC
limits for Amendment 80 Program
participants to limit the ability of
participants eligible for the Amendment
PO 00000
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Fmt 4702
Sfmt 4702
80 Program to expand their harvest
efforts in the GOA.
Section 679.92 establishes groundfish
harvesting sideboard limits on all
Amendment 80 Program vessels, other
than the F/V Golden Fleece, to amounts
no greater than the limits shown in
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Federal Register / Vol. 86, No. 231 / Monday, December 6, 2021 / Proposed Rules
Table 37 to 50 CFR part 679. Under
§ 679.92(d), the F/V Golden Fleece is
prohibited from directed fishing for
pollock, Pacific cod, Pacific ocean
perch, dusky rockfish, and northern
rockfish in the GOA.
Groundfish sideboard limits for
Amendment 80 Program vessels
operating in the GOA are based on their
average aggregate harvests from 1998
through 2004 (72 FR 52668, September
14, 2007). Table 19 lists the proposed
2022 and 2023 groundfish sideboard
68999
limits for Amendment 80 Program
vessels. NMFS will deduct all targeted
or incidental catch of sideboard species
made by Amendment 80 Program
vessels from the sideboard limits in
Table 19.
TABLE 19—PROPOSED 2022 AND 2023 GOA GROUNDFISH SIDEBOARD LIMITS FOR AMENDMENT 80 PROGRAM VESSELS
[Values are rounded to the nearest metric ton]
Ratio of
Amendment
80 sector
vessels
1998–2004
catch to TAC
Proposed
2022 and 2023
TAC
(mt)
Proposed
2022 and 2023
Amendment
80 vessel
sideboard
limits
(mt)
Species
Season
Area
Pollock ..............................
A Season January 20–May 31 ....
Shumagin (610) .....
Chirikof (620) .........
Kodiak (630) ...........
Shumagin (610) .....
0.003
0.002
0.002
0.003
695
36,294
5,476
15,372
2
73
11
46
Chirikof (620) .........
Kodiak (630) ...........
WYK (640) .............
W ............................
C .............................
W ............................
0.002
0.002
0.002
0.020
0.044
0.020
11,420
15,672
4,706
5,749
10,601
3,275
23
31
9
115
466
66
C .............................
WYK .......................
W ............................
WYK .......................
W ............................
W ............................
WYK .......................
0.044
0.034
0.994
0.961
1.000
0.764
0.896
5,933
2,403
1,572
1,631
1,926
265
460
261
82
1,563
1,567
1,926
202
412
B Season September 1–November 1.
Pacific cod ........................
Annual ..........................................
A Season 1 January 1–June 10 ...
B Season 2 September 1–December 31.
Pacific ocean perch ..........
Annual ..........................................
Annual ..........................................
Northern rockfish ..............
Dusky rockfish ..................
Annual ..........................................
Annual ..........................................
1 The
2 The
3 The
Pacific cod A season for trawl gear does not open until January 20.
Pacific cod B season for trawl gear closes November 1.
Western and Central GOA and WYK District area apportionments of pollock are considered ACLs.
The halibut PSC sideboard limits for
Amendment 80 Program vessels in the
GOA are based on the historical use of
halibut PSC by Amendment 80 Program
vessels in each PSC target category from
1998 through 2004. These values are
slightly lower than the average
historical use to accommodate two
factors: Allocation of halibut PSC
cooperative quota under the Rockfish
Program and the exemption of the F/V
Golden Fleece from this restriction
(§ 679.92(b)(2)). Table 20 lists the
proposed 2022 and 2023 halibut PSC
sideboard limits for Amendment 80
Program vessels. This table incorporate
the maximum percentages of the halibut
PSC sideboard limits that may be used
by Amendment 80 Program vessels as
contained in Table 38 to 50 CFR part
679. Any residual amount of a seasonal
Amendment 80 halibut PSC sideboard
limit may carry forward to the next
season limit (§ 679.92(b)(2)).
TABLE 20—PROPOSED 2022 AND 2023 HALIBUT PSC SIDEBOARD LIMITS FOR AMENDMENT 80 PROGRAM VESSELS IN
THE GOA
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[Values are rounded to the nearest metric ton]
Historic
Amendment
80 use of
the annual
halibut
PSC limit
(ratio)
Season
Season dates
Fishery category
1 ........................................
January 20–April 1 .......................
2 ........................................
April 1–July 1 ...............................
3 ........................................
July 1–August 1 ...........................
4 ........................................
August 1–October 1 .....................
5 ........................................
October 1–December 31 .............
shallow-water .........
deep-water .............
shallow-water .........
deep-water .............
shallow-water .........
deep-water .............
shallow-water .........
deep-water .............
shallow-water .........
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16:06 Dec 03, 2021
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Proposed
2022 and 2023
annual
PSC limit
(mt)
0.0048
0.0115
0.0189
0.1072
0.0146
0.0521
0.0074
0.0014
0.0227
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1,706
1,706
1,706
1,706
1,706
1,706
1,706
1,706
1,706
06DEP1
Proposed
2022 and 2023
Amendment
80 vessel PSC
sideboard
limit
(mt)
8
20
32
183
25
89
13
2
39
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TABLE 20—PROPOSED 2022 AND 2023 HALIBUT PSC SIDEBOARD LIMITS FOR AMENDMENT 80 PROGRAM VESSELS IN
THE GOA—Continued
[Values are rounded to the nearest metric ton]
Season
Season dates
Historic
Amendment
80 use of
the annual
halibut
PSC limit
(ratio)
Fishery category
deep-water .............
Annual ...............................
......................................................
1,706
63
Total shallowwater.
............................
............................
117
Total deepwater.
............................
............................
357
............................
............................
474
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Classification
Initial Regulatory Flexibility Analysis
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);
§ 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.
This Initial Regulatory Flexibility
Analysis (IRFA) was prepared for this
proposed rule, as required by Section
603 of the Regulatory Flexibility Act
(RFA) (5 U.S.C. 603), to describe the
economic impact that this proposed
rule, if adopted, would have on small
entities. The IRFA describes the action;
the reasons why this proposed rule is
proposed; the objectives and legal basis
for this proposed rule; the estimated
number and description of directly
regulated small entities to which this
proposed rule would apply; the
recordkeeping, reporting, and other
compliance requirements of this
proposed rule; and the relevant Federal
rules that may duplicate, overlap, or
conflict with this proposed rule. The
IRFA also describes significant
alternatives to this proposed rule that
would accomplish the stated objectives
of the Magnuson-Stevens Act, and any
other applicable statutes, and that
would minimize any significant
economic impact of this proposed rule
on small entities. The description of the
proposed action, its purpose, and the
legal basis are explained earlier in the
preamble and are not repeated here.
For RFA purposes only, NMFS has
established a small business size
standard for businesses, including their
affiliates, whose primary industry is
commercial fishing (see 50 CFR 200.2).
A business primarily engaged in
commercial fishing (NAICS code 11411)
is classified as a small business if it is
independently owned and operated, is
not dominant in its field of operation
(including its affiliates), and has
combined annual receipts not in excess
19:37 Dec 03, 2021
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Proposed
2022 and 2023
Amendment
80 vessel PSC
sideboard
limit
(mt)
0.0371
Grand
Total, all
seasons
and categories.
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Proposed
2022 and 2023
annual
PSC limit
(mt)
Fmt 4702
Sfmt 4702
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 699
individual CVs and CPs with gross
revenues less than or equal to $11
million. This estimate does not account
for corporate affiliations among vessels,
and for cooperative affiliations among
fishing entities, since some of the
fishing vessels operating in the GOA are
members of AFA inshore pollock
cooperatives, GOA rockfish
cooperatives, or BSAI CR Program
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Federal Register / Vol. 86, No. 231 / Monday, December 6, 2021 / Proposed Rules
khammond on DSKJM1Z7X2PROD with PROPOSALS
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 696 small CV and
3 small CP entities remaining in the
GOA groundfish sector. However, the
estimate of these 696 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, and
trawl gear CVs are estimated to be
$340,000, $650,000, and $1.71 million,
respectively. Average gross revenues for
CP entities are confidential.
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
Pacific halibut prohibited species catch
limits for the groundfish fishery of the
GOA. This action is necessary to
establish harvest limits for groundfish
during the 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 GOA. This
strategy was selected from among five
alternatives, with the preferred
alternative harvest strategy being one in
which the TACs fall within the range of
ABCs recommended by the SSC. Under
the preferred harvest strategy, TACs are
set to a level that falls within the range
of ABCs recommended by the SSC; the
sum of the TACs must achieve the OY
specified in the FMP. While the specific
numbers that the harvest strategy
produces may vary from year to year,
the methodology used for the preferred
harvest strategy remains constant.
The TACs associated with preferred
harvest strategy are those recommended
by the Council in October 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 TACs in these proposed 2022 and
2023 harvest specifications are
unchanged from the 2022 TACs in the
final 2021 and 2022 harvest
specifications (86 FR 10184; February
VerDate Sep<11>2014
16:06 Dec 03, 2021
Jkt 256001
19, 2021), and the sum of all TACs
remains within OY for the GOA.
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 most
species and species groups in the GOA,
the Council recommended, and NMFS
proposes, TACs equal to proposed
ABCs, which is intended to maximize
harvest opportunities in the GOA.
For some species and species groups,
however, the Council recommended and
NMFS proposes TACs that are less than
the proposed ABCs, including for
pollock in the W/C/WYK Regulatory
Area, Pacific cod, shallow-water flatfish
in the Western Regulatory Area,
arrowtooth flounder except in the
Central Regulatory Area, flathead sole in
the Western and Central Regulatory
Areas, other rockfish in the SEO
District, and Atka mackerel. In the GOA,
increasing TACs for some species may
not result in increased harvest
opportunities for those species. This is
due to a variety of reasons. There may
be a lack of commercial or market
interest in some species. Additionally,
there are fixed, and therefore
constraining, PSC limits associated with
the harvest of the GOA groundfish
species that can lead to an underharvest
of flatfish TACs. For this reason, the
shallow-water flatfish, arrowtooth
flounder, and flathead sole TACs are set
to allow for increased harvest
opportunities for these target species
while conserving the halibut PSC limit
for use in other fisheries. The other
rockfish and Atka mackerel TACs are set
to accommodate ICAs in other fisheries.
Finally, the TACs for two species
(pollock and Pacific cod) cannot be set
equal to ABC, as the TAC must be
reduced to account for the State’s GHLs
in these fisheries. The W/C/WYK
Regulatory Area pollock TAC and the
GOA Pacific cod TACs are therefore set
PO 00000
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Fmt 4702
Sfmt 9990
69001
to account for the State’s GHLs for the
State water pollock and Pacific cod
fisheries so that the ABCs are not
exceeded. For most species in the GOA,
the Council recommended, and NMFS
proposes, that proposed TACs equal
proposed ABCs, unless other
conservation or management reasons
support proposed TAC amounts less
than the proposed ABCs.
Based upon the best available
scientific data, and in consideration of
the Council’s objectives of this action, it
appears that there are no significant
alternatives to the proposed rule that
have the potential to accomplish the
stated objectives of the MagnusonStevens Act and any other applicable
statutes and that have the potential to
minimize any significant adverse
economic impact of the proposed rule
on small entities. This action is
economically beneficial to entities
operating in the GOA, including small
entities. The action proposes TACs for
commercially valuable species in the
GOA and allows for the continued
prosecution of the fishery, thereby
creating the opportunity for fishery
revenue. After public process during
which the Council solicited input from
stakeholders, the Council concluded
that the proposed harvest specifications
would best accomplish the stated
objectives articulated in the preamble
for this proposed rule, and in applicable
statutes, and would minimize to the
extent practicable adverse economic
impacts on the universe of directly
regulated small entities.
This action does not modify
recordkeeping or reporting
requirements, or duplicate, overlap, or
conflict with any Federal rules.
This proposed rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
Adverse impacts on marine mammals
or endangered or threatened species
resulting from fishing activities
conducted under these harvest
specifications are discussed in the Final
EIS and its accompanying annual SIRs
(see ADDRESSES).
Authority: 16 U.S.C. 773 et seq.; 16 U.S.C.
1540(f); 16 U.S.C. 1801 et seq.; 16 U.S.C.
3631 et seq.; Pub. L. 105–277; Pub. L. 106–
31; Pub. L. 106–554; Pub. L. 108–199; Pub.
L. 108–447; Pub. L. 109–241; Pub. L. 109–
479.
Dated: November 29, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021–26221 Filed 12–3–21; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\06DEP1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 231 (Monday, December 6, 2021)]
[Proposed Rules]
[Pages 68982-69001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26221]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 211129-0247; RTID 0648-XY118]
Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of
Alaska; 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 Pacific halibut prohibited species catch limits for
the groundfish fishery of the Gulf of Alaska (GOA). This action is
necessary to establish harvest limits for groundfish during the 2022
and 2023 fishing years and to accomplish the goals and objectives of
the Fishery Management Plan for Groundfish of the Gulf of Alaska. 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 GOA in
accordance with the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act).
DATES: Comments must be received by January 5, 2022.
ADDRESSES: Submit comments on this document, identified by NOAA-NMFS-
2021-0097, by either of the following methods:
Federal e-Rulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2021-0097, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: Submit written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Records Office. Mail comments to P.O. Box 21668, Juneau, AK
99802-1668.
Instructions: NMFS may not consider comments if they are sent by
any other method, to any other address or individual, or received after
the comment period ends. All comments received are a part of the public
record,
[[Page 68983]]
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 (SIR) 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 GOA, dated November 2020, is
available from the North Pacific Fishery Management Council (Council)
at 1007 West Third, Suite 400, Anchorage, AK 99501-2252, phone 907-271-
2809, or from the Council's website at https://www.npfmc.org. The 2021
SAFE report for the GOA will be available from the same source.
FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the GOA groundfish fisheries in
the exclusive economic zone (EEZ) of the GOA under the Fishery
Management Plan for Groundfish of the Gulf of Alaska (FMP). The Council
prepared the FMP under the authority of the Magnuson-Stevens Act, 16
U.S.C. 1801 et seq. Regulations governing U.S. fisheries and
implementing the FMP appear at 50 CFR parts 600, 679, and 680.
The FMP and its implementing regulations require that NMFS, after
consultation with the Council, specify the total allowable catch (TAC)
for each target species, the sum of which must be within the optimum
yield (OY) range of 116,000 to 800,000 metric tons (mt) (Sec.
679.20(a)(1)(i)(B)). Section 679.20(c)(1) further requires NMFS to
publish and solicit public comment on proposed annual TACs and
apportionments thereof, Pacific halibut prohibited species catch (PSC)
limits, and seasonal allowances of pollock and Pacific cod. The
proposed harvest specifications in Tables 1 through 20 of this rule
satisfy these requirements. For 2022 and 2023, the sum of the proposed
TAC amounts is 409,039 mt.
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.
Proposed Acceptable Biological Catch (ABC) and TAC Specifications
In October 2021, the Council's Scientific and Statistical Committee
(SSC), its Advisory Panel (AP), and the Council reviewed the most
recent biological and harvest information about the condition of the
GOA groundfish stocks. The Council's GOA Groundfish Plan Team (Plan
Team) compiled and presented this information in the final 2020 SAFE
report for the GOA groundfish fisheries, dated November 2020 (see
ADDRESSES). The SAFE report contains a review of the latest scientific
analyses and estimates of each species' biomass and other biological
parameters, as well as summaries of the available information on the
GOA ecosystem and the economic condition of the groundfish fisheries
off Alaska. From these data and analyses, the Plan Team recommends, and
the SSC sets, an Overfishing Limit (OFL) and Acceptable Biological
Catch (ABC) for each species or species group. The amounts proposed for
the 2022 and 2023 OFLs and ABCs are based on the 2020 SAFE report. The
AP and Council recommended that the proposed 2022 and 2023 TACs be set
equal to proposed ABCs for all species and species groups, with the
exception of the species and species groups further discussed below.
The proposed OFLs, ABCs, and TACs could be changed in the final harvest
specifications depending on the most recent scientific information
contained in the final 2021 SAFE report. The stock assessments that
will comprise, in part, the 2021 SAFE report are available at https://www.fisheries.noaa.gov/alaska/population-assessments/north-pacific-groundfish-stock-assessment-and-fishery-evaluation. The final 2021 SAFE
report will be available from the same source.
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 public comments in making its recommendations for the final
2022 and 2023 harvest specifications. Pursuant to Sec. 679.20(a)(2)
and (3), the Council could recommend adjusting the TACs if warranted
based on the biological condition of groundfish stocks or a variety of
socioeconomic considerations, or if required to cause the sum of TACs
to fall within the OY range.
Potential Changes Between Proposed and Final Specifications
In previous years, the most significant changes (relative to the
amount of assessed tonnage of fish) to the OFLs and ABCs from the
proposed to the final harvest specifications have been based on the
most recent NMFS stock surveys. These surveys provide updated estimates
of stock biomass and spatial distribution, and inform changes to the
models used for producing stock assessments. At the September 2021 Plan
Team meeting, NMFS scientists presented updated and new survey results.
Scientists also discussed potential changes to assessment models, and
accompanying preliminary stock estimates. At the October 2021 Council
meeting, the SSC reviewed this information. The species with potential
for a significant model change is rock sole. Model changes can result
in changes to final OFLs, ABCs, and TACs.
In November 2021, the Plan Team will consider updated survey
results and updated stock assessments for groundfish, which will be
included in the draft 2021 SAFE report. If the 2021 SAFE report
indicates that the stock biomass trend is increasing for a species,
then the final 2022 and 2023 harvest specifications for that species
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.
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
[[Page 68984]]
calculate stock biomass. The FMP specifies the tiers to be used to
calculate OFLs and ABCs. The tiers applicable to a particular stock or
stock complex are determined by the level of reliable information
available to the fisheries scientists. This information is categorized
into a successive series of six tiers to define OFLs and ABCs, with
Tier 1 representing the highest level of information quality available
and Tier 6 representing the lowest level of information quality
available. The Plan Team used the FMP tier structure to calculate OFLs
and ABCs for each groundfish species. The SSC adopted the proposed 2022
and 2023 OFLs and ABCs recommended by the Plan Team for all groundfish
species. The proposed 2022 and 2023 TACs are based on the best
available biological and socioeconomic information. The Council adopted
the SSC's OFL and ABC recommendations and the AP's TAC recommendations.
Other Potential Changes: Pacific Cod
For Pacific cod, there is continued concern among stock assessment
scientists about the stability of the Pacific cod stock, which may have
substantial management implications for 2022 and 2023. In November
2021, NMFS will receive the GOA Pacific cod stock assessment, which
will include information about this stock's spawning biomass. The
Steller sea lion harvest control regulations at Sec. 679.20(d)(4)
state that if a biological assessment of the Pacific cod stock projects
that the spawning biomass within an area will be equal to or below 20
percent of the projected unfished spawning biomass during a fishing
year, the Regional Administrator must prohibit directed fishing within
that area, and the directed fishery will remain closed until a
subsequent biological assessment projects that the spawning biomass
will exceed 20 percent of the projected unfished spawning biomass.
Also, if Pacific cod spawning biomass falls below the
B17.5 level, a rebuilding plan will be required to
comply with provisions of the Magnuson-Stevens Act (16 U.S.C. 1854(e)).
Specification and Apportionment of TAC Amounts
The Council recommended proposed 2022 and 2023 TACs that are equal
to proposed ABCs for all species and species groups, with the exception
of pollock for the combined Western and Central GOA and West Yakutat
District area, Pacific cod, shallow-water flatfish in the Western GOA,
arrowtooth flounder in the Western GOA and the West Yakutat and
Southeast Outside (SEO) Districts, flathead sole in the Western and
Central GOA, Atka mackerel, and ``other rockfish'' in the SEO District.
The combined Western and Central Regulatory Areas and the West
Yakutat (WYK) District of the Eastern Regulatory Area (the W/C/WYK)
pollock TAC and the GOA Pacific cod TACs are set to account for the
State of Alaska's (State) guideline harvest levels (GHL) for the State
water pollock and Pacific cod fisheries so that the ABCs are not
exceeded. The shallow-water flatfish, arrowtooth flounder, and flathead
sole TACs are set to allow for increased harvest opportunities for
these target species while conserving the halibut PSC limit for use in
other fisheries. The Atka mackerel TAC is set to accommodate incidental
catch amounts (ICA) in other fisheries. The ``other rockfish'' TAC in
the SEO District is set to reduce the amount of discards of the species
in that complex. These reductions are described below.
NMFS's proposed apportionments of groundfish species are based on
the distribution of biomass among the regulatory areas over which NMFS
manages the species. Additional regulations govern the apportionment of
pollock, Pacific cod, and sablefish. Additional detail on
apportionments of pollock, Pacific cod, and sablefish are described
below.
The ABC for the pollock stock in the W/C/WYK Regulatory Area
accounts for the GHL established by the State for the Prince William
Sound (PWS) pollock fishery. The Plan Team, SSC, AP, and Council have
recommended that the sum of all State water and Federal water pollock
removals from the GOA not exceed ABC recommendations. For 2022 and
2023, the Council recommended the W/C/WYK pollock ABC include the
amount to account for the State's PWS GHL. At the November 2018 Plan
Team meeting, State fisheries managers recommended setting the future
PWS GHL at 2.5 percent of the annual W/C/WYK pollock ABC. For 2022,
this yields a PWS pollock GHL of 2,298 mt, a decrease of 345 mt from
the 2021 PWS GHL of 2,643 mt. After accounting for the PWS GHL, the
2022 and 2023 pollock ABC for the combined W/C/WYK areas is then
apportioned among four statistical areas (Areas 610, 620, 630, and 640)
as both ABCs and TACs, as described below and detailed in Table 1. The
total ABCs and TACs for the four statistical areas, plus the State GHL,
do not exceed the combined W/C/WYK ABC. The proposed W/C/WYK 2022 and
2023 pollock ABC is 91,934 mt, and the proposed TAC is 89,636 mt.
Apportionments of pollock to the W/C/WYK management areas are
considered to be apportionments of annual catch limit (ACL) rather than
apportionments of ABCs. This more accurately reflects that such
apportionments address management concerns, rather than biological or
conservation concerns. In addition, apportionments of the ACL in this
manner allow NMFS to balance any transfer of TAC among Areas 610, 620,
and 630 pursuant to Sec. 679.20(a)(5)(iv)(B) to ensure that the
combined W/C/WYK ACL, ABC, and TAC are not exceeded.
NMFS proposes pollock TACs in the Western (Area 610) and Central
(Areas 620 and 630) Regulatory Areas and the West Yakutat (Area 640)
and the SEO (Area 650) Districts of the GOA (see Table 1). NMFS also
proposes seasonal apportionment of the annual pollock TAC in the
Western and Central Regulatory Areas of the GOA among Statistical Areas
610, 620, and 630. These apportionments are divided equally among the
following two seasons: the A season (January 20 through May 31) and the
B season (September 1 through November 1) (Sec. Sec. 679.23(d)(2)(i)
and (ii), and 679.20(a)(5)(iv)(A) and (B)). Additional detail is
provided below; Table 2 lists these amounts.
The proposed 2022 and 2023 Pacific cod TACs are set to accommodate
the State's GHLs for Pacific cod in State waters in the Western and
Central Regulatory Areas, as well as in PWS (in the Eastern Regulatory
Area) (see Table 1). The Plan Team, SSC, AP, and Council recommended
that the sum of all State water and Federal water Pacific cod removals
from the GOA not exceed ABC recommendations. Accordingly, the Council
recommended the 2022 and 2023 Pacific cod TACs in the Western, Central,
and Eastern Regulatory Areas to account for State GHLs. Therefore, the
proposed 2022 and 2023 Pacific cod TACs are less than the proposed ABCs
by the following amounts: (1) Western GOA, 3,868 mt; (2) Central GOA,
5,511 mt; and (3) Eastern GOA, 801 mt. These amounts reflect the
State's 2022 and 2023 GHLs in these areas, which are 30 percent of the
Western GOA proposed ABC, and 25 percent of the Eastern and Central GOA
proposed ABCs.
The Western and Central GOA Pacific cod TACs are allocated among
various gear and operational sectors. NMFS also establishes seasonal
apportionments of the annual Pacific cod TACs in the Western and
Central Regulatory Areas. The Pacific cod sector and seasonal
apportionments are discussed in detail in a subsequent section and in
Table 4 of this rule.
[[Page 68985]]
The Council's recommendation for sablefish area apportionments
takes into account the prohibition on the use of trawl gear in the SEO
District of the Eastern Regulatory Area (Sec. 679.7(b)(1)) and makes
available five percent of the Eastern Regulatory Area (WYK and SEO
Districts combined) TAC to vessels using trawl gear for use as
incidental catch in other trawl groundfish fisheries in the WYK
District (Sec. 679.20(a)(4)(i)). Additional detail is provided below.
Tables 5 and 6 list the proposed 2022 and 2023 allocations of the
sablefish TAC to fixed gear and trawl gear in the GOA.
For 2022 and 2023, the Council recommends and NMFS proposes the
OFLs, ABCs, and TACs listed in Table 1. These amounts are consistent
with the biological condition of groundfish stocks as described in the
2020 SAFE report. The proposed ABCs reflect harvest amounts that are
less than the specified overfishing levels. The proposed TACs are
adjusted for other biological and socioeconomic considerations. The sum
of the proposed TACs for all GOA groundfish is 409,039 mt for 2022 and
2023, which is within the OY range specified by the FMP. These proposed
amounts and apportionments by area, season, and sector are subject to
change pending consideration of the 2021 SAFE report, public comment,
and the Council's recommendations for the final 2022 and 2023 harvest
specifications during its December 2021 meeting.
Table 1--Proposed 2022 and 2023 OFLs, ABCs, and TACs of Groundfish for the Western/Central/West Yakutat, Western, Central, and Eastern Regulatory Areas,
the West Yakutat and Southeast Outside Districts of the Eastern Regulatory Area, and Gulfwide District of the Gulf of Alaska
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Area \1\ OFL ABC TAC \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock \2\.................................. Shumagin (610)........................................... n/a 16,067 16,067
Chirikof (620)........................................... n/a 47,714 47,714
Kodiak (630)............................................. n/a 21,149 21,149
WYK (640)................................................ n/a 4,706 4,706
W/C/WYK (subtotal)....................................... 106,767 91,934 89,636
SEO (650)................................................ 13,531 10,148 10,148
-----------------------------------------------
Total................................................. 120,298 102,082 99,784
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific cod \3\.............................. W........................................................ n/a 12,892 9,024
C........................................................ n/a 22,045 16,534
E........................................................ n/a 3,204 2,403
-----------------------------------------------
Total................................................. 46,587 38,141 27,961
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sablefish \4\................................ W........................................................ n/a 4,165 4,165
C........................................................ n/a 11,111 11,111
WYK...................................................... n/a 4,009 4,009
SEO...................................................... n/a 5,946 5,946
E (WYK and SEO) (subtotal)............................... n/a 9,955 9,955
-----------------------------------------------
Total................................................. 70,710 25,231 25,231
--------------------------------------------------------------------------------------------------------------------------------------------------------
Shallow-water flatfish \5\................... W........................................................ n/a 24,460 13,250
C........................................................ n/a 28,442 28,442
WYK...................................................... n/a 2,844 2,844
SEO...................................................... n/a 1,137 1,137
-----------------------------------------------
Total................................................. 69,691 56,883 45,673
--------------------------------------------------------------------------------------------------------------------------------------------------------
Deep-water flatfish \6\...................... W........................................................ n/a 225 225
C........................................................ n/a 1,914 1,914
WYK...................................................... n/a 2,068 2,068
SEO...................................................... n/a 1,719 1,719
-----------------------------------------------
Total................................................. 7,040 5,926 5,926
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rex sole..................................... W........................................................ n/a 3,013 3,013
C........................................................ n/a 8,912 8,912
WYK...................................................... n/a 1,206 1,206
SEO...................................................... n/a 2,285 2,285
-----------------------------------------------
Total................................................. 18,779 15,416 15,416
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arrowtooth flounder.......................... W........................................................ n/a 31,479 14,500
C........................................................ n/a 67,154 67,154
WYK...................................................... n/a 8,147 6,900
SEO...................................................... n/a 16,665 6,900
-----------------------------------------------
Total................................................. 147,515 123,445 95,454
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flathead sole................................ W........................................................ n/a 14,380 8,650
C........................................................ n/a 21,076 15,400
WYK...................................................... n/a 2,456 2,456
[[Page 68986]]
SEO...................................................... n/a 1,939 1,939
-----------------------------------------------
Total................................................. 48,534 39,851 28,445
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific ocean perch \7\...................... W........................................................ n/a 1,572 1,572
C........................................................ n/a 26,234 26,234
WYK...................................................... n/a 1,631 1,631
W/C/WYK.................................................. 34,974 29,437 29,437
SEO...................................................... 6,136 5,165 5,165
-----------------------------------------------
Total................................................. 41,110 34,602 34,602
--------------------------------------------------------------------------------------------------------------------------------------------------------
Northern rockfish \8\........................ W........................................................ n/a 1,926 1,926
C........................................................ n/a 3,173 3,173
E........................................................ n/a 1 ..............
-----------------------------------------------
Total................................................. 6,088 5,100 5,099
--------------------------------------------------------------------------------------------------------------------------------------------------------
Shortraker rockfish \9\...................... W........................................................ n/a 52 52
C........................................................ n/a 284 284
E........................................................ n/a 372 372
-----------------------------------------------
Total................................................. 944 708 708
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dusky rockfish \10\.......................... W........................................................ n/a 265 265
C........................................................ n/a 4,469 4,469
WYK...................................................... n/a 460 460
SEO...................................................... n/a 101 101
-----------------------------------------------
Total................................................. 8,423 5,295 5,295
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rougheye and blackspotted rockfish \11\...... W........................................................ n/a 170 170
C........................................................ n/a 459 459
E........................................................ n/a 592 592
-----------------------------------------------
Total................................................. 1,467 1,221 1,221
--------------------------------------------------------------------------------------------------------------------------------------------------------
Demersal shelf rockfish \12\................. SEO...................................................... 405 257 257
Thornyhead rockfish \13\..................... W........................................................ n/a 352 352
C........................................................ n/a 910 910
E........................................................ n/a 691 691
-----------------------------------------------
Total................................................. 2,604 1,953 1,953
--------------------------------------------------------------------------------------------------------------------------------------------------------
Other rockfish 14 15......................... W/C combined............................................. n/a 940 940
WYK...................................................... n/a 369 369
SEO...................................................... n/a 2,744 300
-----------------------------------------------
Total................................................. 5,320 4,053 1,609
--------------------------------------------------------------------------------------------------------------------------------------------------------
Atka mackerel................................ GW....................................................... 6,200 4,700 3,000
Big skates \16\.............................. W........................................................ n/a 758 758
C........................................................ n/a 1,560 1,560
E........................................................ n/a 890 890
-----------------------------------------------
Total................................................. 4, 278 3,208 3,208
--------------------------------------------------------------------------------------------------------------------------------------------------------
Longnose skates \17\......................... W........................................................ n/a 158 158
C........................................................ n/a 1,875 1,875
E........................................................ n/a 554 554
-----------------------------------------------
Total................................................. 3,449 2,587 2,587
--------------------------------------------------------------------------------------------------------------------------------------------------------
Other skates \18\............................ GW....................................................... 1,166 875 875
Sharks....................................... GW....................................................... 5,006 3,755 3,755
Octopuses.................................... GW....................................................... 1,307 980 980
-----------------------------------------------
[[Page 68987]]
Total.................................... ......................................................... 616,921 476,269 409,039
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Regulatory areas and districts are defined at Sec. 679.2. (W=Western Gulf of Alaska; C=Central Gulf of Alaska; E=Eastern Gulf of Alaska; WYK=West
Yakutat District; SEO=Southeast Outside District; GW=Gulf-wide).
\2\ The total for the W/C/WYK Regulatory Areas pollock ABC is 91,934 mt. After deducting 2.5 percent (2,298 mt) of that ABC for the State's pollock GHL
fishery, the remaining pollock ABC of 89,636 mt (for the W/C/WYK Regulatory Areas) is apportioned among four statistical areas (Areas 610, 620, 630,
and 640). These apportionments are considered subarea ACLs, rather than ABCs, for specification and reapportionment purposes. The ACLs in Areas 610,
620, and 630 are further divided by season, as detailed in Table 2 (proposed 2022 and 2023 seasonal biomass distribution of pollock in the Western and
Central Regulatory Areas, area apportionments, and seasonal allowances). In the West Yakutat (Area 640) and Southeast Outside (Area 650) Districts of
the Eastern Regulatory Area, pollock is not divided into seasonal allowances.
\3\ The annual Pacific cod TAC is apportioned, after seasonal apportionment to the jig sector, as follows: (1) 63.84 percent to the A season and 36.16
percent to the B season and (2) 64.16 percent to the A season and 35.84 percent to the B season in the Western and Central Regulatory Areas of the
GOA, respectively. The Pacific cod TAC in the Eastern Regulatory Area of the GOA is allocated 90 percent to vessels harvesting Pacific cod for
processing by the inshore component and 10 percent to vessels harvesting Pacific cod for processing by the offshore component. Table 4 lists the
proposed 2022 and 2023 Pacific cod seasonal apportionments and sector allocations.
\4\ The sablefish OFL and ABC are set Alaska-wide (70,710 mt and 36,955 mt, respectively) and the GOA sablefish ABC is 25,231 mt. Additionally,
sablefish is allocated only to trawl gear in 2023. Tables 5 and 6 list the proposed 2022 and 2023 allocations of sablefish TACs.
\5\ ``Shallow-water flatfish'' means flatfish not including ``deep-water flatfish,'' flathead sole, rex sole, or arrowtooth flounder.
\6\ ``Deep-water flatfish'' means Dover sole, Greenland turbot, Kamchatka flounder, and deepsea sole.
\7\ ``Pacific ocean perch'' means Sebastes alutus.
\8\ ``Northern rockfish'' means Sebastes polyspinous. For management purposes the 1 mt apportionment of ABC to the WYK District of the Eastern
Regulatory Area has been included in the ``other rockfish'' species group.
\9\ ``Shortraker rockfish'' means Sebastes borealis.
\10\ ``Dusky rockfish'' means Sebastes variabilis.
\11\ ``Rougheye and blackspotted rockfish'' means Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted).
\12\ ``Demersal shelf rockfish'' means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper), S. maliger (quillback), S. helvomaculatus
(rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye).
\13\ ``Thornyhead rockfish'' means Sebastolobus species.
\14\ ``Other rockfish means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio), S. goodei (chilipepper), S. crameri
(darkblotch), S. elongatus (greenstriped), S. variegatus (harlequin), S. wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S.
zacentrus (sharpchin), S. jordani (shortbelly), S. brevispinis (silvergray), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus
(vermilion), S. reedi (yellowmouth), S. entomelas (widow), and S. flavidus (yellowtail). In the Eastern GOA only, ``other rockfish'' also includes
northern rockfish (S. polyspinous).
\15\ ``Other rockfish'' in the Western and Central Regulatory Areas and in the West Yakutat District of the Eastern Regulatory Area means all rockfish
species included in the ``other rockfish'' and demersal shelf rockfish categories. The ``other rockfish'' species group in the SEO District only
includes other rockfish.
\16\ ``Big skates'' means Raja binoculata.
\17\ ``Longnose skates'' means Raja rhina.
\18\ ``Other skates'' means Bathyraja and Raja spp.
Proposed Apportionment of Reserves
Section 679.20(b)(2) requires NMFS to set aside 20 percent of each
TAC for pollock, Pacific cod, flatfish, sharks, and octopuses in
reserve for possible apportionment at a later date during the fishing
year. Section 679.20(b)(3) authorizes NMFS to reapportion all or part
of these reserves. In 2021, NMFS reapportioned all of the reserves in
the final harvest specifications. For 2022 and 2023, NMFS proposes
reapportionment of each of the reserves for pollock, Pacific cod,
flatfish, sharks, and octopuses back into the original TAC from which
the reserve was derived. NMFS expects, based on recent harvest
patterns, that such reserves will not be necessary and that the entire
TAC for each of these species will be caught or are needed to promote
efficient fisheries. The TACs in Table 1 reflect this proposed
reapportionment of reserve amounts to the original TAC for these
species and species groups, i.e., each proposed TAC for the above-
mentioned species or species groups contains the full TAC recommended
by the Council.
Proposed Apportionments of Pollock TAC Among Seasons and Regulatory
Areas, and Allocations for Processing by Inshore and Offshore
Components
In the GOA, pollock is apportioned by season and area, and is
further allocated for processing by inshore and offshore components.
Pursuant to Sec. 679.20(a)(5)(iv)(B), the annual pollock TAC specified
for the Western and Central Regulatory Areas of the GOA is apportioned
into two seasonal allowances of 50 percent. As established by Sec.
679.23(d)(2)(i) through (ii), the A and B season allowances are
available from January 20 through May 31 and September 1 through
November 1, respectively.
The GOA pollock stock assessment continues to use a four-season
methodology to determine pollock distribution in the Western and
Central Regulatory Areas of the GOA to maintain continuity in the
historical pollock apportionment time-series. Pollock TACs in the
Western and Central Regulatory Areas of the GOA are apportioned among
Statistical Areas 610, 620, and 630 in proportion to the distribution
of pollock biomass determined by the most recent NMFS surveys, pursuant
to Sec. 679.20(a)(5)(iv)(A). The pollock chapter of the 2020 SAFE
report (see ADDRESSES) contains a comprehensive description of the
apportionment and reasons for the minor changes from past
apportionments. For purposes of specifying pollock between two seasons
for the Western and Central Regulatory Areas of the GOA, NMFS has
summed the A and B season apportionments and the C and D season
apportionments as calculated in the 2020 GOA pollock assessment. This
yields the seasonal amounts specified for the A season and the B
season, respectively.
Within any fishing year, the amount by which a seasonal allowance
is underharvested or overharvested may be added to, or subtracted from,
subsequent seasonal allowances in a manner to be determined by the
[[Page 68988]]
Regional Administrator (Sec. 679.20(a)(5)(iv)(B)). The rollover amount
is limited to 20 percent of the subsequent seasonal TAC apportionment
for the statistical area. Any unharvested pollock above the 20-percent
limit could be further distributed to the subsequent season in the
other statistical areas, in proportion to the estimated biomass to the
subsequent season and in an amount no more than 20 percent of the
seasonal TAC apportionment in those statistical areas (Sec.
679.20(a)(5)(iv)(B)). The proposed 2022 and 2023 pollock TACs in the
WYK District of 4,706 mt and the SEO District of 10,148 mt are not
allocated by season.
Table 2 lists the proposed 2022 and 2023 area apportionments and
seasonal allowances of pollock in the Western and Central Regulatory
Areas. The amounts of pollock for processing by the inshore and
offshore components are not shown. Section 679.20(a)(6)(i) requires
allocation of 100 percent of the pollock TAC in all regulatory areas
and all seasonal allowances to vessels catching pollock for processing
by the inshore component after subtraction of amounts projected by the
Regional Administrator to be caught by, or delivered to, the offshore
component incidental to directed fishing for other groundfish species.
Thus, the amount of pollock available for harvest by vessels harvesting
pollock for processing by the offshore component is the amount that
will be taken as incidental catch during directed fishing for
groundfish species other than pollock, up to the maximum retainable
amounts allowed by Sec. 679.20(e) and (f). At this time, these ICAs of
pollock are unknown and will be determined during the fishing year
during the course of fishing activities by the offshore component.
Table 2--Proposed 2022 and 2023 Distribution of Pollock in the Central and Western Regulatory Areas of the Gulf
of Alaska; Area Apportionments; and Seasonal Allowances of Annual TAC \1\
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Shumigan (Area Chirikof (Area Kodiak (Area
Season \2\ 610) 620) 630) Total \3\
----------------------------------------------------------------------------------------------------------------
A (January 20-May 31)........................... 695 36,294 5,476 42,465
B (September 1-November 1)...................... 15,372 11,420 15,672 42,465
---------------------------------------------------------------
Annual Total................................ 16,067 47,714 21,149 84,929
----------------------------------------------------------------------------------------------------------------
\1\ Area apportionments and seasonal allowances may not total precisely due to rounding.
\2\ As established by Sec. 679.23(d)(2)(i) through (ii), the A and B season allowances are available from
January 20 through May 31 and September 1 through November 1, respectively. The amounts of pollock for
processing by the inshore and offshore components are not shown in this table.
\3\ The West Yakutat and Southeast Outside District pollock TACs are not allocated by season and are not
included in the total pollock TACs shown in this table.
Proposed Annual and Seasonal Apportionments of Pacific Cod TAC
Pursuant to Sec. 679.20(a)(12)(i), NMFS proposes allocations for
the 2022 and 2023 Pacific cod TACs in the Western and Central
Regulatory Areas of the GOA among gear and operational sectors. NMFS
also proposes seasonal apportionments of the Pacific cod TACs in the
Western and Central Regulatory Areas. A portion of the annual TAC is
apportioned to the A season for hook-and-line, pot, and jig gear from
January 1 through June 10, and for trawl gear from January 20 through
June 10. The remainder of the annual TAC is apportioned to the B season
for jig gear from June 10 through December 31, for hook-and-line and
pot gear from September 1 through December 31, and for trawl gear from
September 1 through November 1 (Sec. Sec. 679.23(d)(3) and
679.20(a)(12)). NMFS also proposes allocating the 2022 and 2023 Pacific
cod TACs annually between the inshore (90 percent) and offshore (10
percent) components in the Eastern Regulatory Area of the GOA (Sec.
679.20(a)(6)(ii)).
In the Western GOA, the Pacific cod TAC is apportioned seasonally
first to vessels using jig gear, and then among catcher vessels (CV)
using hook-and-line gear, catcher/processors (CP) using hook-and-line
gear, CVs using trawl gear, CPs using trawl gear, and vessels using pot
gear (Sec. 679.20(a)(12)(i)(A)). In the Central GOA, the Pacific cod
TAC is apportioned seasonally first to vessels using jig gear, and then
among CVs less than 50 feet in length overall using hook-and-line gear,
CVs equal to or greater than 50 feet in length overall using hook-and-
line gear, CPs using hook-and-line gear, CVs using trawl gear, CPs
using trawl gear, and vessels using pot gear (Sec.
679.20(a)(12)(i)(B)). Excluding seasonal apportionments to the jig gear
sector, NMFS proposes apportioning the remainder of the annual Pacific
cod TACs as follows: the seasonal apportionments of the annual TAC in
the Western GOA are 63.84 percent to the A season and 36.16 percent to
the B season, and in the Central GOA are 64.16 percent to the A season
and 35.84 percent to the B season.
Under Sec. 679.20(a)(12)(ii), any overage or underage of the
Pacific cod allowance from the A season may be subtracted from, or
added to, the subsequent B season allowance. In addition, any portion
of the hook-and-line, trawl, pot, or jig sector allocations that is
determined by NMFS as likely to go unharvested by a sector may be
reallocated to other sectors for harvest during the remainder of the
fishing year.
Pursuant to Sec. 679.20(a)(12)(i)(A) and (B), a portion of the
annual Pacific cod TACs in the Western and Central GOA will be
allocated to vessels with a Federal fisheries permit that use jig gear
before the TACs are apportioned among other non-jig sectors. In
accordance with the FMP, the annual jig sector allocations may increase
to up to 6 percent of the annual Western and Central GOA Pacific cod
TACs, depending on the annual performance of the jig sector (see Table
1 of Amendment 83 to the FMP for a detailed discussion of the jig
sector allocation process (76 FR 74670, December 1, 2011)). Jig sector
allocation increases are established for a minimum of two years.
NMFS has evaluated the historical harvest performance of the jig
sector in the Western and Central GOA, and is proposing the 2022 and
2023 Pacific cod apportionments to this sector based on its historical
harvest performance through 2021. NMFS did not evaluate the 2020
performance of the jig sectors in the Western and Central GOA. In 2020,
the catch for the jig sectors could not reach 90 percent of the initial
allocation required for a performance increase because NMFS prohibited
[[Page 68989]]
directed fishing for all Pacific cod sectors (84 FR 70438, December 23,
2019). For 2022 and 2023, NMFS proposes that the jig sector receive 3.5
percent of the annual Pacific cod TAC in the Western GOA. The 2022 and
2023 allocations consist of a base allocation of 1.5 percent of the
Western GOA Pacific cod TAC, and prior historical harvest performance
increases of 2.0 percent. For 2022 and 2023, NMFS also proposes that
the jig sector receive 1.0 percent of the annual Pacific cod TAC in the
Central GOA. The 2022 and 2023 allocations consist of a base allocation
of 1.0 percent, and no additional performance increase in the Central
GOA. The 2014 through 2021 Pacific cod jig allocations, catch, and
percent allocation changes are listed in Table 3.
Table 3--Summary of Western GOA and Central GOA Pacific Cod Catch by Jig Gear in 2014 Through 2021, and Corresponding Percent Allocation Changes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Initial Percent of
Area Year percent Initial TAC Catch initial >90% of initial Change to percent
of TAC allocation (mt) allocation allocation? allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Western GOA...................... 2014 2.5 573 785 137 Y........................ Increase 1.
2015 3.5 948 55 6 N........................ None.
2016 3.5 992 52 5 N........................ Decrease 1.
2017 2.5 635 49 8 N........................ Decrease 1.
2018 1.5 125 121 97 Y........................ Increase 1.
2019 2.5 134 134 100 Y........................ Increase 1.
2020 n/a
2021 3.5 195 26 13 N........................ None.
Central GOA...................... 2014 2.0 797 262 33 N........................ Decrease 1.
2015 1.0 460 355 77 N........................ None.
2016 1.0 370 267 72 N........................ None.
2017 1.0 331 18 6 N........................ None.
2018 1.0 61 0 0 N........................ None.
2019 1.0 58 30 52 N........................ None.
2020 n/a
2021 1.0 102 26 26 N........................ None.
--------------------------------------------------------------------------------------------------------------------------------------------------------
NMFS will re-evaluate the annual 2021 harvest performance of the
jig sector in the Western and Central GOA when the 2021 fishing year is
complete to determine whether to change the jig sector allocations
proposed by this action in conjunction with the final 2022 and 2023
harvest specifications. The current catch through October 2021 by the
Western GOA jig sector indicates that the Pacific cod allocation
percentage to this sector would probably not change in 2022, and would
remain at 3.5 percent. Also, the current catch by the Central GOA jig
sector indicates that this sector's Pacific cod allocation percentage
would not change in 2022, and would remain at 1 percent. For 2022 and
2023, NMFS proposes apportioning the jig sector allocations for the
Western and Central GOA between the A season (60 percent) and the B
season (40 percent) (Sec. 679.20(a)(12)(i)). Table 4 lists the
seasonal apportionments and allocations of the proposed 2022 and 2023
Pacific cod TACs.
Table 4--Proposed 2022 and 2023 Seasonal Apportionments and Allocations of Pacific Cod TAC Amounts in the GOA; Allocations in the Western GOA and
Central GOA Sectors, and the Eastern GOA Inshore and Offshore Processing Components
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
A Season B Season
Annual ---------------------------------------------------------------------
Regulatory area and sector allocation Sector percentage Seasonal Sector percentage Seasonal
(mt) of annual non-jig allowances of annual non-jig allowances
TAC (mt) TAC (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Western GOA:
Jig (3.5% of TAC)............................................. 316 N/A 190 N/A 126
Hook-and-line CV.............................................. 122 0.70 61 0.70 61
Hook-and-line CP.............................................. 1,724 10.90 949 8.90 775
Trawl CV...................................................... 3,344 31.54 2,747 6.86 597
Trawl CP...................................................... 209 0.90 78 1.50 131
Pot CV and Pot CP............................................. 3,309 19.80 1,724 18.20 1,585
-------------------------------------------------------------------------------------
Total..................................................... 9,024 63.84 5,749 36.16 3,275
Central GOA:
Jig (1.0% of TAC)............................................. 165 N/A 99 N/A 66
Hook-and-line <50 CV.......................................... 2,390 9.32 1,525 5.29 865
Hook-and-line >=50 CV......................................... 1,098 5.61 918 1.10 180
Hook-and-line CP.............................................. 836 4.11 672 1.00 163
Trawl CV \1\.................................................. 6,807 25.29 4,140 16.29 2,667
Trawl CP...................................................... 687 2.00 328 2.19 359
Pot CV and Pot CP............................................. 4,551 17.83 2,918 9.97 1,633
-------------------------------------------------------------------------------------
Total..................................................... 16,534 64.16 10,601 35.84 5,933
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inshore (90% of Annual TAC)
Offshore (10% of Annual TAC)
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 68990]]
Eastern GOA....................................................... 2,403 2,163
240
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Trawl catcher vessels participating in Rockfish Program cooperatives receive 3.81 percent, or 630 mt, of the annual Central GOA Pacific cod TAC (see
Table 28c to 50 CFR part 679). This apportionment is deducted from the Trawl CV B season allowance (see Table 9: Proposed 2022 and 2023 Apportionments
of Rockfish Secondary Species in the Central GOA and Table 28c to 50 CFR part 679).
Proposed Allocations of the Sablefish TAC Amounts to Vessels Using
Fixed Gear and Trawl Gear
Section 679.20(a)(4)(i) and (ii) requires allocations of sablefish
TACs for each of the regulatory areas and districts to fixed and trawl
gear. In the Western and Central Regulatory Areas, 80 percent of each
TAC is allocated to fixed gear, and 20 percent of each TAC is allocated
to trawl gear. In the Eastern Regulatory Area, 95 percent of the TAC is
allocated to fixed gear, and 5 percent is allocated to trawl gear. The
trawl gear allocation in the Eastern Regulatory Area may be used only
to support incidental catch of sablefish while directed fishing for
other target species using trawl gear (Sec. 679.20(a)(4)(i)).
In recognition of the prohibition against trawl gear in the SEO
District of the Eastern Regulatory Area, the Council recommended and
NMFS proposes specifying for incidental catch the allocation of 5
percent of the Eastern Regulatory Area sablefish (WYK and SEO Districts
combined) TAC to trawl gear in the WYK District of the Eastern
Regulatory Area. The remainder of the WYK District sablefish TAC is
allocated to vessels using fixed gear. This proposed action allocates
100 percent of the sablefish TAC in the SEO District to vessels using
fixed gear. This results in proposed 2022 allocations of 498 mt to
trawl gear and 3,511 mt to fixed gear in the WYK District, a proposed
2022 allocation of 5,946 mt to fixed gear in the SEO District, and a
proposed 2023 allocation of 498 mt to trawl gear in the WYK District.
Table 5 lists the allocations of the proposed 2022 sablefish TACs to
fixed and trawl gear. Table 6 lists the allocations of the proposed
2023 sablefish TACs to trawl gear.
The Council recommended that the trawl sablefish TAC be established
for two years so that retention of incidental catch of sablefish by
trawl gear could commence in January in the second year of the
groundfish harvest specifications. Tables 5 and 6 list the proposed
2022 and 2023 trawl allocations, respectively.
The Council also recommended that the fixed gear sablefish TAC be
established annually to ensure that the sablefish individual fishing
quota (IFQ) fishery is conducted concurrently with the halibut IFQ
fishery and is based on the most recent survey information. Since there
is an annual assessment for sablefish and since the final harvest
specifications are expected to be published before the IFQ season
begins (typically, in early March), the Council recommended that the
fixed gear sablefish TAC be set annually, rather than for two years, so
that the best available scientific information could be considered in
establishing the sablefish ABCs and TACs. Accordingly, Table 5 lists
the proposed 2022 fixed gear allocations, and the 2023 fixed gear
allocations will be specified in the 2023 and 2024 harvest
specifications.
With the exception of the trawl allocations that are provided to
the Rockfish Program (see Table 28c to 50 CFR part 679), directed
fishing for sablefish with trawl gear is closed during the fishing
year. Also, fishing for groundfish with trawl gear is prohibited prior
to January 20 (Sec. 679.23(c)). Therefore, it is not likely that the
sablefish allocation to trawl gear would be reached before the
effective date of the final 2023 and 2024 harvest specifications.
Table 5--Proposed 2022 Sablefish TAC Amounts in the Gulf of Alaska and Allocations to Fixed and Trawl Gear
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Area/district TAC Fixed gear allocation Trawl allocation
----------------------------------------------------------------------------------------------------------------
Western.............................. 4,165 3,332 833
Central \1\.......................... 11,111 8,889 2,222
West Yakutat \2\..................... 4,009 3,511 498
Southeast Outside.................... 5,946 5,946 0
--------------------------------------------------------------------------
Total............................ 25,231 21,678 3,553
----------------------------------------------------------------------------------------------------------------
\1\ The proposed trawl allocation of sablefish to the Central Regulatory Area is further apportioned to the
Rockfish Program cooperatives (1,143 mt). See Table 9: Proposed 2022 and 2023 Apportionments of Rockfish
Secondary Species in the Central GOA. This results in 1,079 mt being available for the non-Rockfish Program
trawl fisheries.
\2\ The proposed trawl allocation is based on allocating 5 percent of the Eastern Regulatory Area (West Yakutat
and Southeast Outside Districts combined) sablefish TAC as incidental catch to trawl gear in the West Yakutat
District.
[[Page 68991]]
Table 6--Proposed 2023 Sablefish TAC Amounts in the Gulf of Alaska and Allocation to Trawl Gear \1\
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Area/district TAC Fixed gear allocation Trawl allocation
----------------------------------------------------------------------------------------------------------------
Western.............................. 4,165 n/a 833
Central \2\.......................... 11,111 n/a 2,222
West Yakutat \3\..................... 4,009 n/a 498
Southeast Outside.................... 5,946 n/a 0
--------------------------------------------------------------------------
Total............................ 25,231 n/a 3,553
----------------------------------------------------------------------------------------------------------------
\1\ The Council recommended that the proposed 2023 harvest specifications for the fixed gear sablefish
Individual Fishing Quota fisheries not be specified in the proposed 2022 and 2023 harvest specifications.
\2\ The proposed trawl allocation of sablefish to the Central Regulatory Area is further apportioned to the
Rockfish Program cooperatives (1,143 mt). See Table 9: Proposed 2022 and 2023 Apportionments of Rockfish
Secondary Species in the Central GOA. This results in 1,079 mt being available for the non-Rockfish Program
trawl fisheries.
\3\ The proposed trawl allocation is based on allocating 5 percent of the Eastern Regulatory Area (West Yakutat
and Southeast Outside Districts combined) sablefish TAC as incidental catch to trawl gear in the West Yakutat
District.
Proposed Allocations, Apportionments, and Sideboard Limitations for the
Rockfish Program
These proposed 2022 and 2023 harvest specifications for the GOA
include the fishery cooperative allocations and sideboard limitations
established by the Rockfish Program. Program participants are primarily
trawl CVs and trawl CPs, with limited participation by vessels using
longline gear. The Rockfish Program assigns quota share and cooperative
quota to trawl participants for primary species (Pacific ocean perch,
northern rockfish, and dusky rockfish) and secondary species (Pacific
cod, rougheye rockfish, sablefish, shortraker rockfish, and thornyhead
rockfish), allows a participant holding a license limitation program
(LLP) license with rockfish quota share to form a rockfish cooperative
with other persons, and allows holders of CP LLP licenses to opt out of
the fishery. The Rockfish Program also has an entry level fishery for
rockfish primary species for vessels using longline gear. Longline gear
includes hook-and-line, jig, troll, and handline gear.
Under the Rockfish Program, rockfish primary species in the Central
GOA are allocated to participants after deducting for incidental catch
needs in other directed fisheries (Sec. 679.81(a)(2)). Participants in
the Rockfish Program also receive a portion of the Central GOA TAC of
specific secondary species. In addition to groundfish species, the
Rockfish Program allocates a portion of the halibut PSC limit (191 mt)
from the third season deep-water species fishery allowance for the GOA
trawl fisheries to Rockfish Program participants (Sec. 679.81(d) and
Table 28d to 50 CFR part 679). The Rockfish Program also establishes
sideboard limits to restrict the ability of harvesters operating under
the Rockfish Program to increase their participation in other, non-
Rockfish Program fisheries. These restrictions and halibut PSC limits
are discussed in a subsequent section in this rule titled ``Rockfish
Program Groundfish Sideboard and Halibut PSC Limitations.''
Section 679.81(a)(2)(ii) and Table 28e to 50 CFR part 679 require
allocations of 5 mt of Pacific ocean perch, 5 mt of northern rockfish,
and 50 mt of dusky rockfish to the entry level longline fishery in 2022
and 2023. The allocation for the entry level longline fishery may
increase incrementally each year if the catch exceeds 90 percent of the
allocation of a species. The incremental increase in the allocation
would continue each year until it reaches the maximum percentage of the
TAC for that species. In 2021, the catch for all three primary species
did not exceed 90 percent of any allocated rockfish species. Therefore,
NMFS is not proposing any increases to the entry level longline fishery
2022 and 2023 allocations in the Central GOA. The remainder of the TACs
for the rockfish primary species, after subtracting the ICAs, would be
allocated to the CV and CP cooperatives (Sec. 679.81(a)(2)(iii)).
Table 7 lists the allocations of the proposed 2022 and 2023 TACs for
each rockfish primary species to the entry level longline fishery, the
potential incremental increases for future years, and the maximum
percentages of the TACs for the entry level longline fishery.
Table 7--Proposed 2022 and 2023 Allocations of Rockfish Primary Species to the Entry Level Longline Fishery in
the Central Gulf of Alaska
----------------------------------------------------------------------------------------------------------------
Incremental increase in
Proposed 2022 and 2023 2023 if >90 percent of Up to maximum percent
Rockfish primary species allocations (metric 2022 allocation is of each TAC of
tons) harvested (metric tons)
----------------------------------------------------------------------------------------------------------------
Pacific ocean perch.................. 5 5 1
Northern rockfish.................... 5 5 2
Dusky rockfish....................... 50 20 5
----------------------------------------------------------------------------------------------------------------
Section 679.81 requires allocations of rockfish primary species
among various sectors of the Rockfish Program. Table 8 lists the
proposed 2022 and 2023 allocations of rockfish primary species in the
Central GOA to the entry level longline fishery, and rockfish CV and CP
cooperatives in the Rockfish Program. NMFS also proposes setting aside
ICAs for other directed fisheries in the Central GOA of 2,500 mt of
Pacific ocean perch, 300 mt of northern rockfish, and 250 mt of dusky
rockfish. These amounts are based on recent
[[Page 68992]]
average incidental catches in the Central GOA by other groundfish
fisheries.
Allocations among vessels belonging to CV or CP cooperatives are
not included in these proposed harvest specifications. Rockfish Program
applications for CV cooperatives and CP cooperatives are not due to
NMFS until March 1 of each calendar year; therefore, NMFS cannot
calculate 2022 and 2023 allocations in conjunction with these proposed
harvest specifications. NMFS will post the 2022 allocations on the
Alaska Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports#central-goa-rockfish when they become available after March 1.
Table 8--Proposed 2022 and 2023 Allocations of Rockfish Primary Species in the Central Gulf of Alaska to the
Entry Level Longline Fishery and Rockfish Cooperatives in the Rockfish Program
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Incidental Allocation to Allocation to
Central GOA catch the entry the rockfish
Rockfish primary species TAC allowance TAC minus ICA level longline Cooperatives
(ICA) \1\ fishery \2\
----------------------------------------------------------------------------------------------------------------
Pacific ocean perch............. 26,234 2,500 23,734 5 23,729
Northern rockfish............... 3,173 300 2,873 5 2,868
Dusky rockfish.................. 4,469 250 4,219 50 4,169
-------------------------------------------------------------------------------
Total....................... 33,876 3,050 30,826 60 30,766
----------------------------------------------------------------------------------------------------------------
\1\ Longline gear includes hook-and-line, jig, troll, and handline gear (50 CFR 679.2).
\2\ Rockfish cooperatives include vessels in CV and CP cooperatives (50 CFR 679.81).
Section 679.81(c) and Table 28c to 50 CFR part 679 requires
allocations of rockfish secondary species to CV and CP cooperatives in
the Central GOA. CV cooperatives receive allocations of Pacific cod,
sablefish from the trawl gear allocation, and thornyhead rockfish. CP
cooperatives receive allocations of sablefish from the trawl gear
allocation, rougheye and blackspotted rockfish, shortraker rockfish,
and thornyhead rockfish. Table 9 lists the apportionments of the
proposed 2022 and 2023 TACs of rockfish secondary species in the
Central GOA to CV and CP cooperatives.
Table 9--Proposed 2022 and 2023 Apportionments of Rockfish Secondary Species in the Central GOA to Catcher
Vessel and Catcher/Processor Cooperatives
[Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
Catcher Vessel cooperatives Catcher/processor cooperatives
Central GOA ---------------------------------------------------------------
Rockfish secondary species annual TAC Percentage of Apportionment Percentage of Apportionment
TAC (mt) TAC (mt)
----------------------------------------------------------------------------------------------------------------
Pacific cod..................... 16,534 3.81 630 0.00 0
Sablefish....................... 11,111 6.78 753 3.51 390
Shortraker rockfish............. 284 0.00 0 40.00 114
Rougheye and blackspotted 459 0.00 0 58.87 270
rockfish.......................
Thornyhead rockfish............. 910 7.84 71 26.50 241
----------------------------------------------------------------------------------------------------------------
Halibut PSC Limits
Section 679.21(d) establishes annual halibut PSC limit
apportionments to trawl and hook-and-line gear, and authorizes the
establishment of apportionments for pot gear. In October 2021, the
Council recommended, and NMFS proposes, halibut PSC limits of 1,706 mt
for trawl gear, 257 mt for hook-and-line gear, and 9 mt for the
demersal shelf rockfish (DSR) fishery in the SEO District for both 2022
and 2023.
The DSR fishery in the SEO District is defined at Sec.
679.21(d)(2)(ii)(A). This fishery is apportioned 9 mt of the halibut
PSC limit in recognition of its small-scale harvests of groundfish
(Sec. 679.21(d)(2)(i)(A)). The separate halibut PSC limit for the DSR
fishery is intended to prevent that fishery from being impacted from
the halibut PSC incurred by other GOA fisheries. NMFS estimates low
halibut bycatch in the DSR fishery because: (1) The duration of the DSR
fisheries and the gear soak times are short; (2) the DSR fishery occurs
in the winter when there is less overlap in the distribution of DSR and
halibut; and (3) the directed commercial DSR fishery has a low DSR TAC.
The Alaska Department of Fish and Game sets the commercial GHL for the
DSR fishery after deducting: (1) Estimates of DSR incidental catch in
all fisheries (including halibut and subsistence); and (2) the
allocation to the DSR sport fish fishery. In 2021, the commercial
fishery for DSR was closed due to concerns about declining DSR biomass.
The FMP authorizes the Council to exempt specific gear from the
halibut PSC limits. NMFS, after consultation with the Council, proposes
to exempt pot gear, jig gear, and the sablefish IFQ hook-and-line gear
fishery categories from the non-trawl halibut PSC limit for 2022 and
2023. The Council recommended, and NMFS is proposing, these exemptions
because (1) pot gear fisheries have low annual halibut bycatch
mortality; (2) IFQ program regulations prohibit discard of halibut if
any halibut IFQ permit holder on board a CV holds unused halibut IFQ
for that vessel category and the IFQ regulatory area in which the
vessel is operating (Sec. 679.7(f)(11)); (3) some sablefish IFQ permit
holders hold halibut IFQ permits and are therefore required to retain
the
[[Page 68993]]
halibut they catch while fishing sablefish IFQ; and (4) NMFS estimates
negligible halibut mortality for the jig gear fisheries given the small
amount of groundfish harvested by jig gear, the selective nature of jig
gear, and the high survival rates of halibut caught and released with
jig gear.
The best available information on estimated halibut bycatch
consists of data collected by fisheries observers during 2021. The
calculated halibut bycatch mortality through November 6, 2021 is 313 mt
for trawl gear and 59 mt for hook-and-line gear, for a total halibut
mortality of 372 mt. This halibut mortality was calculated using
groundfish and IFQ halibut catch data from the NMFS Alaska Region's
catch accounting system. This accounting system contains historical and
recent catch information compiled from each Alaska groundfish and IFQ
halibut fishery.
Section 679.21(d)(4)(i) and (ii) authorizes NMFS to seasonally
apportion the halibut PSC limits after consultation with the Council.
The FMP and regulations require that the Council and NMFS consider the
following information in seasonally apportioning halibut PSC limits:
(1) Seasonal distribution of halibut; (2) seasonal distribution of
target groundfish species relative to halibut distribution; (3)
expected halibut bycatch needs on a seasonal basis relative to changes
in halibut biomass and expected catch of target groundfish species; (4)
expected bycatch rates on a seasonal basis; (5) expected changes in
directed groundfish fishing seasons; (6) expected actual start of
fishing effort; and (7) economic effects of establishing seasonal
halibut allocations on segments of the target groundfish industry.
Based on public comment, information presented in the 2021 SAFE report,
NMFS catch data, State catch data, or International Pacific Halibut
Commission (IPHC) stock assessment and mortality data, the Council may
recommend or NMFS may make changes to the seasonal, gear-type, or
fishery category apportionments of halibut PSC limits for the final
2022 and 2023 harvest specifications pursuant to Sec. 679.21(d)(1) and
(d)(4).
The final 2021 and 2022 harvest specifications (86 FR 10184,
February 19, 2021) summarized the Council's and NMFS's findings for
these FMP and regulatory considerations with respect to halibut PSC
limits. The Council's and NMFS's proposed findings for these proposed
2022 and 2023 harvest specifications are unchanged from the final 2021
and 2022 harvest specifications. Table 10 lists the proposed 2022 and
2023 Pacific halibut PSC limits, allowances, and apportionments. The
halibut PSC limits in Tables 10, 11, and 12 reflect the halibut PSC
limits set forth at Sec. 679.21(d)(2) and (3). Section
679.21(d)(4)(iii) and (iv) specifies that any underages or overages of
a seasonal apportionment of a halibut PSC limit will be added to or
deducted from the next respective seasonal apportionment within the
fishing year.
Table 10--Proposed 2022 and 2023 Pacific Halibut PSC Limits, Allowances, and Apportionments
[Values are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trawl gear Hook-and-line gear \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Other than DSR DSR
Season Percent Amount ---------------------------------------------------------------------------------------
Season Percent Amount Season Percent
--------------------------------------------------------------------------------------------------------------------------------------------------------
January 20-April 1.............. 30.5 519 January 1-June 10. 86 221 January 1-December 9
31.
April 1-July 1.................. 20 341 June 10-September 2 5
1.
July 1-August 1................. 27 462 September 1- 12 31
December 31.
August 1-October 1.............. 7.5 128
October 1-December 31........... 15 256
-----------------------------------------------------------------------------------------------------------------------
Total....................... .............. 1,706 .................. .............. 257 .................. 9
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Pacific halibut prohibited species catch (PSC) limit for hook-and-line gear is allocated to the demersal shelf rockfish (DSR) fishery in the SEO
District and to hook-and-line fisheries other than the DSR fishery. The Council recommended and NMFS proposes that the hook-and-line sablefish IFQ
fishery, and the pot and jig gear groundfish fisheries, be exempt from halibut PSC limits.
Section 679.21(d)(3)(ii) authorizes further apportionment of the
trawl halibut PSC limit as bycatch allowances to trawl fishery
categories listed in Sec. 679.21(d)(3)(iii). The annual apportionments
are based on each category's share of the anticipated halibut bycatch
mortality during a fishing year and optimization of the total amount of
groundfish harvest under the halibut PSC limit. The fishery categories
for the trawl halibut PSC limits are: (1) A deep-water species fishery,
composed of sablefish, rockfish, deep-water flatfish, rex sole, and
arrowtooth flounder; and (2) a shallow-water species fishery, composed
of pollock, Pacific cod, shallow-water flatfish, flathead sole, Atka
mackerel, skates, and ``other species'' (sharks and octopuses) (Sec.
679.21(d)(3)(iii)). Halibut mortality incurred while directed fishing
for skates with trawl gear accrues towards the shallow-water species
fishery halibut PSC limit (69 FR 26320, May 12, 2004).
NMFS will combine available trawl halibut PSC limit apportionments
in part of the second season deep-water and shallow-water species
fisheries for use in either fishery from May 15 through June 30 (Sec.
679.21(d)(4)(iii)(D)). This is intended to maintain groundfish harvest
while minimizing halibut bycatch by these sectors to the extent
practicable. This provides the trawl gear deep-water and shallow-water
species fisheries additional flexibility and the incentive to
participate in fisheries at times of the year that may have lower
halibut PSC rates relative to other times of the year.
Table 11 lists the proposed 2022 and 2023 seasonal apportionments
of trawl halibut PSC limits between the trawl gear deep-water and the
shallow-water species fisheries.
Table 28d to 50 CFR part 679 specifies the amount of the trawl
halibut PSC limit that is assigned to the CV and CP sectors that are
participating in the Central GOA Rockfish Program. This includes 117 mt
of halibut PSC limit to the CV sector and 74 mt of halibut PSC limit to
the CP sector. These amounts are allocated from the trawl deep-water
species fishery's halibut PSC third seasonal apportionment. After the
combined CV and CP halibut PSC limit allocation of 191 mt to the
Rockfish Program, 150 mt remains for the trawl deep-water species
fishery's halibut PSC third seasonal apportionment.
Section 679.21(d)(4)(iii)(B) limits the amount of the halibut PSC
limit allocated to Rockfish Program participants that could be re-
apportioned to the general GOA trawl
[[Page 68994]]
fisheries for the last seasonal apportionment during the current
fishing year to no more than 55 percent of the unused annual halibut
PSC limit apportioned to Rockfish Program participants. The remainder
of the unused Rockfish Program halibut PSC limit is unavailable for use
by any person for the remainder of the fishing year (Sec.
679.21(d)(4)(iii)(C)).
Table 11--Proposed 2022 and 2023 Apportionment of the Pacific Halibut PSC Limits Between the Trawl Gear Shallow-
Water and Deep-Water Species Fishery Categories
[Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
Season Shallow-water Deep-water \1\ Total
----------------------------------------------------------------------------------------------------------------
January 20-April 1.............................................. 384 135 519
April 1-July 1.................................................. 85 256 341
July 1-August 1................................................. 121 341 462
August 1-October 1.............................................. 53 75 128
Subtotal, January 20-October 1.................................. 643 807 1,450
October 1-December 31 \2\....................................... .............. .............. 256
-----------------------------------------------
Total....................................................... .............. .............. 1,706
----------------------------------------------------------------------------------------------------------------
\1\ Vessels participating in cooperatives in the Central GOA Rockfish Program will receive 191 mt of the third
season (July 1 through August 1) deep-water species fishery halibut PSC apportionment.
\2\ There is no apportionment between trawl shallow-water and deep-water species fisheries during the fifth
season (October 1 through December 31).
Section 679.21(d)(2)(i)(B) requires that the ``other hook-and-line
fishery'' halibut PSC limit apportionment to vessels using hook-and-
line gear must be apportioned between CVs and CPs in accordance with
Sec. 679.21(d)(2)(iii) in conjunction with these harvest
specifications. A comprehensive description and example of the
calculations necessary to apportion the ``other hook-and-line fishery''
halibut PSC limit between the hook-and-line CV and CP sectors were
included in the proposed rule to implement Amendment 83 to the FMP (76
FR 44700, July 26, 2011) and are not repeated here.
Pursuant to Sec. 679.21(d)(2)(iii), the hook-and-line halibut PSC
limit for the ``other hook-and-line fishery'' is apportioned between
the CV and CP sectors in proportion to the total Western and Central
GOA Pacific cod allocations, which vary annually based on the
proportion of the Pacific cod biomass between the Western, Central, and
Eastern GOA. Pacific cod is apportioned among these three management
areas based on the percentage of overall biomass per area, as
calculated in the 2020 Pacific cod stock assessment. Updated
information in the final 2020 SAFE report describes this distributional
calculation, which allocates ABC among GOA regulatory areas on the
basis of the three most recent stock surveys. For 2022 and 2023, the
proposed distribution of the total GOA Pacific cod ABC is 32 percent to
the Western GOA, 59 percent to the Central GOA, and 9 percent to the
Eastern GOA. Therefore, the calculations made in accordance with Sec.
679.21(d)(2)(iii) incorporate the most recent information on GOA
Pacific cod distribution and allocations with respect to the proposed
annual halibut PSC limits for the CV and CP hook-and-line sectors.
Additionally, the annual halibut PSC limits for both the CV and CP
sectors of the ``other hook-and-line fishery'' are proposed to be
divided into three seasonal apportionments, using seasonal percentages
of 86 percent, 2 percent, and 12 percent.
For 2022 and 2023, NMFS proposes annual halibut PSC limits of 144
mt and 113 mt to the hook-and-line CV and hook-and-line CP sectors,
respectively. Table 12 lists the proposed 2022 and 2023 apportionments
of halibut PSC limits between the hook-and-line CV and the hook-and-
line CP sectors of the ``other hook-and-line fishery.''
No later than November 1 of each year, NMFS will calculate the
projected unused amount of halibut PSC limit by either of the CV or CP
hook-and-line sectors of the ``other hook-and-line fishery'' for the
remainder of the year. The projected unused amount of halibut PSC limit
is made available to the other hook-and-line sector for the remainder
of that fishing year (Sec. 679.21(d)(2)(iii)(C)), if NMFS determines
that an additional amount of halibut PSC is necessary for that sector
to continue its directed fishing operations.
Table 12--Proposed 2022 and 2023 Apportionments of the ``Other hook-and-line fishery'' Annual Halibut PSC
Allowance Between the Hook-and-Line Gear Catcher Vessel and Catcher/Processor Sectors
[Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
Sector
``Other than DSR'' Hook-and-line Sector annual Season Seasonal seasonal
allowance sector amount percentage amount
----------------------------------------------------------------------------------------------------------------
257..................... Catcher Vessel.... 144 January 1-June 10. 86 124
June 10-September 2 3
1.
September 1- 12 17
December 31.
Catcher/Processor. 113 January 1-June 10. 86 97
June 10-September 2 2
1.
September 1- 12 14
December 31.
----------------------------------------------------------------------------------------------------------------
[[Page 68995]]
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 (DMR), and estimates of
groundfish catch to project when a fishery's halibut bycatch mortality
allowance or seasonal apportionment is reached. Halibut incidental
catch rates are based on observers' estimates of halibut incidental
catch in the groundfish fishery. DMRs are estimates of the proportion
of incidentally caught halibut that do not survive after being returned
to the sea. The cumulative halibut mortality that accrues to a
particular halibut PSC limit is the product of a DMR multiplied by the
estimated halibut PSC. DMRs are estimated using the best scientific
information available in conjunction with the annual GOA stock
assessment process. The DMR methodology and findings are included as an
appendix to the annual GOA groundfish SAFE report.
In 2016, the DMR estimation methodology underwent revisions per the
Council's directive. An interagency halibut working group (IPHC,
Council, and NMFS staff) developed improved estimation methods that
have undergone review by the Plan Team, the SSC, and the Council. A
summary of the revised methodology is contained in the GOA proposed
2017 and 2018 harvest specifications (81 FR 87881, December 6, 2016),
and the comprehensive discussion of the working group's statistical
methodology is available from the Council (see ADDRESSES). The DMR
working group's revised methodology is intended to improve estimation
accuracy, transparency, and transferability for calculating DMRs. The
working group will continue to consider improvements to the methodology
used to calculate halibut mortality, including potential changes to the
reference period (the period of data used for calculating the DMRs).
Future DMRs may change based on additional years of observer sampling,
which could provide more recent and accurate data and which could
improve the accuracy of estimation and progress on methodology. The
methodology will continue to ensure that NMFS is using DMRs that more
accurately reflect halibut mortality, which will inform the different
sectors of their estimated halibut mortality and allow specific sectors
to respond with methods that could reduce mortality and, eventually,
the DMR for that sector.
In October 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 two-year reference period.
Comparing the proposed 2022 and 2023 DMRs to the final DMRs from the
final 2021 and 2022 harvest specifications, the proposed DMR for
Rockfish Program CVs using non-pelagic trawl gear increased to 66
percent from 60 percent, the proposed DMR for CVs using hook-and-line
gear decreased to 12 percent from 13 percent, the proposed DMR for
motherships and CPs using non-pelagic trawl gear decreased to 83
percent from 84 percent, and the proposed DMR for CPs and CVs using pot
gear increased to 29 percent from 10 percent. Table 13 lists the
proposed 2022 and 2023 DMRs.
Table 13--Proposed 2022 and 2023 Discard Mortality Rates for Vessels Fishing in the Gulf of Alaska
[Values are percent of halibut assumed to be dead]
----------------------------------------------------------------------------------------------------------------
Halibut
discard
Gear Sector Groundfish fishery mortality rate
(percent)
----------------------------------------------------------------------------------------------------------------
Pelagic trawl......................... Catcher vessel................ All..................... 100
Catcher/processor............. All..................... 100
Non-pelagic trawl..................... Catcher vessel................ Rockfish Program........ 66
Catcher vessel................ All others.............. 69
Mothership and catcher/ All..................... 83
processor.
Hook-and-line......................... Catcher/processor............. All..................... 15
Catcher vessel................ All..................... 12
Pot................................... Catcher vessel and catcher/ All..................... 29
processor.
----------------------------------------------------------------------------------------------------------------
Chinook Salmon Prohibited Species Catch Limits
Section 679.21(h)(2) establishes separate Chinook salmon PSC limits
in the Western and Central regulatory areas of the GOA in the trawl
pollock directed fishery. These limits require that NMFS close directed
fishing for pollock in the Western and Central GOA if the applicable
Chinook salmon PSC limit is reached (Sec. 679.21(h)(8)). The annual
Chinook salmon PSC limits in the trawl pollock directed fishery of
6,684 salmon in the Western GOA and 18,316 salmon in the Central GOA
are set in Sec. 679.21(h)(2)(i) and (ii).
Section 679.21(h)(3) established an initial annual PSC limit of
7,500 Chinook salmon for the non-pollock groundfish trawl fisheries in
the Western and Central GOA. This limit is apportioned among the three
sectors that conduct directed fishing for groundfish species other than
pollock: 3,600 Chinook salmon to trawl CPs; 1,200 Chinook salmon to
trawl CVs participating in the Rockfish Program; and 2,700 Chinook
salmon to trawl CVs not participating in the Rockfish Program (Sec.
679.21(h)(4)). NMFS will monitor the Chinook salmon PSC in the trawl
non-pollock GOA groundfish fisheries and close an applicable sector if
it reaches its Chinook salmon PSC limit.
The Chinook salmon PSC limit for two sectors, trawl CPs and trawl
CVs not participating in the Rockfish Program, may be increased in
subsequent years based on the performance of these two sectors and
their ability to minimize their use of their respective Chinook salmon
PSC limits. If either or both of these two sectors limit its use of
Chinook salmon PSC to a certain threshold amount in 2021 (3,120 for
trawl CPs and 2,340 for non-Rockfish Program trawl CVs), that sector
will receive an increase to its 2022 Chinook salmon PSC limit (4,080
for trawl CPs and 3,060 for non-Rockfish Program trawl CVs) (Sec.
679.21(h)(4)). NMFS will evaluate the annual Chinook salmon PSC by
trawl CPs and non-Rockfish Program trawl CVs when the 2021 fishing year
is complete to determine whether to increase the Chinook salmon PSC
limits for these two sectors. Based on preliminary 2021 Chinook salmon
PSC data, the trawl CP sector may receive an incremental increase of
Chinook salmon PSC limit in 2022, and the non-Rockfish Program trawl CV
[[Page 68996]]
sector will not receive an incremental increase of Chinook salmon PSC
limit in 2022. This evaluation will be completed in conjunction with
the final 2022 and 2023 harvest specifications.
American Fisheries Act (AFA) CP and CV Groundfish Harvest and PSC
Limits
Section 679.64 establishes groundfish harvesting and processing
sideboard limits on AFA CPs and CVs in the GOA. These sideboard limits
are necessary to protect the interests of fishermen and processors who
do not directly benefit from the AFA from those fishermen and
processors who receive exclusive harvesting and processing privileges
under the AFA. Section 679.7(k)(1)(ii) prohibits listed AFA CPs and CPs
designated on a listed AFA CP permit from harvesting any species of
fish in the GOA. Additionally, Sec. 679.7(k)(1)(iv) prohibits listed
AFA CPs and CPs designated on a listed AFA CP permit from processing
any pollock harvested in a directed pollock fishery in the GOA and any
groundfish harvested in Statistical Area 630 of the GOA.
AFA CVs that are less than 125 feet (38.1 meters) length overall,
have annual landings of pollock in the Bering Sea and Aleutian Islands
of less than 5,100 mt, and have made at least 40 landings of GOA
groundfish from 1995 through 1997 are exempt from GOA CV groundfish
sideboard limits under Sec. 679.64(b)(2)(ii). Sideboard limits for
non-exempt AFA CVs in the GOA are based on their traditional harvest
levels of TAC in groundfish fisheries covered by the FMP. Section
679.64(b)(3)(iv) establishes the CV groundfish sideboard limits in the
GOA based on the aggregate retained catch by non-exempt AFA CVs of each
sideboard species from 1995 through 1997 divided by the TAC for that
species over the same period.
NMFS published a final rule (84 FR 2723, February 8, 2019) that
implemented regulations to prohibit non-exempt AFA CVs from directed
fishing for specific groundfish species or species groups subject to
sideboard limits (Sec. 679.20(d)(1)(iv)(D) and Table 56 to 50 CFR part
679). Sideboard limits not subject to the final rule continue to be
calculated and included in the GOA annual harvest specifications.
Table 14 lists the proposed 2022 and 2023 groundfish sideboard
limits for non-exempt AFA CVs. NMFS will deduct all targeted or
incidental catch of sideboard species made by non-exempt AFA CVs from
the sideboard limits listed in Table 14.
Table 14--Proposed 2022 and 2023 GOA Non-Exempt American Fisheries Act Catcher Vessel (CV) Groundfish Sideboard Limits
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ratio of 1995-
1997 non-exempt Proposed 2022 Proposed 2022
Species Apportionments by season/ Area/component AFA CV catch to and 2023 TACs and 2023 non-
gear 1995-1997 TAC \3\ exempt AFA CV
sideboard limit
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock................................. A Season January 20-May 31. Shumagin (610)............. 0.6047 695 420
Chirikof (620)............. 0.1167 36,294 4,235
Kodiak (630)............... 0.2028 5,476 1,111
B Season September 1- Shumagin (610)............. 0.6047 15,372 9,295
November 1. Chirikof (620)............. 0.1167 11,420 1,333
Kodiak (630)............... 0.2028 15,672 3,178
Annual..................... WYK (640).................. 0.3495 4,706 1,645
SEO (650).................. 0.3495 10,148 3,547
Pacific cod............................. A Season \1\ January 1-June W.......................... 0.1331 5,749 765
10. C.......................... 0.0692 10,601 734
B Season \2\ September 1- W.......................... 0.1331 3,275 436
December 31. C.......................... 0.0692 5,933 411
Flatfish, shallow-water................. Annual..................... W.......................... 0.0156 13,250 207
C.......................... 0.0587 28,442 1,670
Flatfish, deep-water.................... Annual..................... C.......................... 0.0647 1,914 124
E.......................... 0.0128 3,787 48
Rex sole................................ Annual..................... C.......................... 0.0384 8,912 342
Arrowtooth flounder..................... Annual..................... C.......................... 0.0280 67,154 1,880
Flathead sole........................... Annual..................... C.......................... 0.0213 15,400 328
Pacific ocean perch..................... Annual..................... C.......................... 0.0748 26,234 1,962
E.......................... 0.0466 6,796 317
Northern rockfish....................... Annual..................... C.......................... 0.0277 3,173 88
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.
\3\ The Western and Central GOA and WYK District area apportionments of pollock are considered ACLs.
Non-Exempt AFA Catcher Vessel Halibut PSC Limits
The halibut PSC sideboard limits for non-exempt AFA CVs in the GOA
are based on the aggregate retained groundfish catch by non-exempt AFA
CVs in each PSC target category from 1995 through 1997 divided by the
retained catch of all vessels in that fishery from 1995 through 1997
(Sec. 679.64(b)(4)(ii)). Table 15 lists the proposed 2022 and 2023
non-exempt AFA CV halibut PSC limits for vessels using trawl gear in
the GOA.
[[Page 68997]]
Table 15-Proposed 2022 and 2023 Non-Exempt AFA CV Halibut PSC Sideboard Limits for Vessels Using Trawl Gear in the GOA
[PSC limits are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ratio of 1995-
1997 non-exempt Proposed 2022
AFA CV retained Proposed 2022 and 2023 non-
Season Season dates Fishery category catch to total and 2023 PSC exempt AFA CV
retained catch limit PSC limit
--------------------------------------------------------------------------------------------------------------------------------------------------------
1....................................... January 20-April 1......... shallow-water.............. 0.340 384 131
deep-water................. 0.070 135 9
2....................................... April 1-July 1............. shallow-water.............. 0.340 85 29
deep-water................. 0.070 256 18
3....................................... July 1-August 1............ shallow-water.............. 0.340 121 41
deep-water................. 0.070 341 24
4....................................... August 1-October 1......... shallow-water.............. 0.340 53 18
deep-water................. 0.070 75 5
5....................................... October 1-December 31...... all targets................ 0.205 256 52
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual Total shallow-water........ ................ ................ 219
-----------------------------------------------------
Total deep-water........... ................ ................ 56
-----------------------------------------------------
Grand Total, all seasons ................ 1,706 328
and categories.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Non-AFA Crab Vessel Groundfish Harvest Limitations
Section 680.22 establishes groundfish sideboard limits for vessels
with a history of participation in the Bering Sea snow crab fishery to
prevent these vessels from using the increased flexibility provided by
the Crab Rationalization (CR) Program to expand their level of
participation in the GOA groundfish fisheries. Sideboard harvest limits
restrict these vessels' catch to their collective historical landings
in each GOA groundfish fishery (except the fixed-gear sablefish
fishery). Sideboard limits also apply to landings made using an LLP
license derived from the history of a restricted vessel, even if that
LLP license is used on another vessel.
The basis for these sideboard harvest limits is described in detail
in the final rules implementing the major provisions of the CR Program,
including Amendments 18 and 19 to the Fishery Management Plan for
Bering Sea/Aleutian Islands King and Tanner Crabs (Crab FMP) (70 FR
10174, March 2, 2005), Amendment 34 to the Crab FMP (76 FR 35772, June
20, 2011), Amendment 83 to the GOA FMP (76 FR 74670, December 1, 2011),
and Amendment 45 to the Crab FMP (80 FR 28539, May 19, 2015). Also,
NMFS published a final rule (84 FR 2723, February 8, 2019) that
implemented regulations to prohibit non-AFA crab vessels from directed
fishing for all groundfish species or species groups subject to
sideboard limits, except for Pacific cod apportioned to CVs using pot
gear in the Western and Central Regulatory Areas (Sec.
680.22(e)(1)(iii)). Accordingly, the GOA annual harvest specifications
will include only the non-AFA crab vessel groundfish sideboard limits
for Pacific cod apportioned to CVs using pot gear in the Western and
Central Regulatory Areas.
Table 16 lists the proposed 2022 and 2023 groundfish sideboard
limits for non-AFA crab vessels. All targeted or incidental catch of
sideboard species made by non-AFA crab vessels or associated LLP
licenses will be deducted from these sideboard limits.
Table 16--Proposed 2022 and 2023 GOA Non-American Fisheries Act Crab Vessel Groundfish Sideboard Limits
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ratio of 1996-
2000 non-AFA Proposed 2022
crab vessel Proposed 2022 and 2023 non-AFA
Species Season/gear Area/component/gear catch to 1996- and 2023 TACs crab vessel
2000 total sideboard limit
harvest
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific cod............................. A Season January 1-June 10. Western Pot CV............. 0.0997 5,749 573
Central Pot CV............. 0.0474 10,601 502
B Season September 1- Western Pot CV............. 0.0997 3,275 327
December 31.
Central Pot CV............. 0.0474 5,933 281
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 68998]]
Rockfish Program Groundfish Sideboard and Halibut PSC Limitations
The Rockfish Program establishes three classes of sideboard
provisions: CV groundfish sideboard restrictions, CP rockfish sideboard
restrictions, and CP opt-out vessel sideboard restrictions (Sec.
679.82(c)(1)). These sideboards are intended to limit the ability of
rockfish harvesters to expand into other fisheries.
CVs participating in the Rockfish Program may not participate in
directed fishing for dusky rockfish, Pacific ocean perch, and northern
rockfish in the Western GOA and West Yakutat District from July 1
through July 31. Also, CVs may not participate in directed fishing for
arrowtooth flounder, deep-water flatfish, and rex sole in the GOA from
July 1 through July 31 (Sec. 679.82(d)).
CPs participating in Rockfish Program cooperatives are restricted
by rockfish and halibut PSC sideboard limits. These CPs are prohibited
from directed fishing for dusky rockfish, Pacific ocean perch, and
northern rockfish in the Western GOA and West Yakutat District from
July 1 through July 31 (Sec. 679.82(e)(2)). Holders of CP-designated
LLP licenses that opt out of participating in a Rockfish Program
cooperative will be able to access that portion of each rockfish
sideboard limits that is not assigned to Rockfish Program cooperatives
(Sec. 679.82(e)(7)). The sideboard ratio for each rockfish fishery in
the Western GOA and West Yakutat District is set forth in Sec.
679.82(e)(3) and (e)(4). Table 17 lists the proposed 2022 and 2023
Rockfish Program CP rockfish sideboard limits in the Western GOA and
West Yakutat District. Due to confidentiality requirements associated
with fisheries data, the sideboard limits for the West Yakutat District
are not displayed.
Table 17--Proposed 2022 and 2023 Rockfish Program Sideboard Limits for the Western GOA and West Yakutat District
by Fishery for the Catcher/Processor (CP) Sector
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
CP sector (% of Proposed 2022 Proposed 2022 and 2023
Area Fishery TAC) and 2023 TACs CP sideboard limit
----------------------------------------------------------------------------------------------------------------
Western GOA.................... Dusky rockfish... 72.3............. 265 192.
Pacific ocean 50.6............. 1,572 795.
perch.
Northern rockfish 74.3............. 1,926 1,431.
West Yakutat District.......... Dusky rockfish... Confidential.\1\. 460 Confidential.\1\
Pacific ocean Confidential.\1\. 1,631 Confidential.\1\
perch.
----------------------------------------------------------------------------------------------------------------
\1\ Not released due to confidentiality requirements associated with fish ticket data, as established by NMFS
and the State of Alaska.
Under the Rockfish Program, the CP sector is subject to halibut PSC
sideboard limits for the trawl deep-water and shallow-water species
fisheries from July 1 through July 31 (Sec. 679.82(e)(3) and (e)(5)).
Halibut PSC sideboard ratios by fishery are set forth in Sec.
679.82(e)(5). No halibut PSC sideboard limits apply to the CV sector,
as vessels participating in a rockfish cooperative receive a portion of
the annual halibut PSC limit. CPs that opt out of the Rockfish Program
would be able to access that portion of the deep-water and shallow-
water halibut PSC sideboard limit not assigned to CP rockfish
cooperatives. The sideboard provisions for CPs that elect to opt out of
participating in a rockfish cooperative are described in Sec.
679.82(c), (e), and (f). Sideboard limits are linked to the catch
history of specific vessels that may choose to opt out. After March 1,
NMFS will determine which CPs have opted-out of the Rockfish Program in
2022, and will know the ratios and amounts used to calculate opt-out
sideboard ratios. NMFS will then calculate any applicable opt-out
sideboard limits for 2022 and post these limits on the Alaska Region
website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports#central-goa-rockfish. Table 18
lists the proposed 2022 and 2023 Rockfish Program halibut PSC sideboard
limits for the CP sector.
Table 18--Proposed 2022 and 2023 Rockfish Program Halibut PSC Sideboard Limits for the Catcher/Processor Sector
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Shallow-water Deep-water Annual shallow- Annual deep-water
species fishery species fishery water species species fishery
Sector halibut PSC halibut PSC Annual halibut fishery halibut halibut PSC
sideboard ratio sideboard ratio PSC limit (mt) PSC sideboard sideboard limit
(percent) (percent) limit (mt) (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Catcher/processor........................................ 0.10 2.50 1,706 2 43
--------------------------------------------------------------------------------------------------------------------------------------------------------
Amendment 80 Program Groundfish and PSC Sideboard Limits
Amendment 80 to the Fishery Management Plan for Groundfish of the
Bering Sea and Aleutian Islands Management Area (Amendment 80 Program)
established a limited access privilege program for the non-AFA trawl CP
sector. The Amendment 80 Program established groundfish and halibut PSC
limits for Amendment 80 Program participants to limit the ability of
participants eligible for the Amendment 80 Program to expand their
harvest efforts in the GOA.
Section 679.92 establishes groundfish harvesting sideboard limits
on all Amendment 80 Program vessels, other than the F/V Golden Fleece,
to amounts no greater than the limits shown in
[[Page 68999]]
Table 37 to 50 CFR part 679. Under Sec. 679.92(d), the F/V Golden
Fleece is prohibited from directed fishing for pollock, Pacific cod,
Pacific ocean perch, dusky rockfish, and northern rockfish in the GOA.
Groundfish sideboard limits for Amendment 80 Program vessels
operating in the GOA are based on their average aggregate harvests from
1998 through 2004 (72 FR 52668, September 14, 2007). Table 19 lists the
proposed 2022 and 2023 groundfish sideboard limits for Amendment 80
Program vessels. NMFS will deduct all targeted or incidental catch of
sideboard species made by Amendment 80 Program vessels from the
sideboard limits in Table 19.
Table 19--Proposed 2022 and 2023 GOA Groundfish Sideboard Limits for Amendment 80 Program Vessels
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ratio of Proposed 2022
Amendment 80 Proposed 2022 and 2023
Species Season Area sector vessels and 2023 TAC Amendment 80
1998-2004 catch (mt) vessel sideboard
to TAC limits (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock................................. A Season January 20-May 31. Shumagin (610)............. 0.003 695 2
Chirikof (620)............. 0.002 36,294 73
Kodiak (630)............... 0.002 5,476 11
B Season September 1- Shumagin (610)............. 0.003 15,372 46
November 1.
Chirikof (620)............. 0.002 11,420 23
Kodiak (630)............... 0.002 15,672 31
Annual..................... WYK (640).................. 0.002 4,706 9
Pacific cod............................. A Season \1\ January 1-June W.......................... 0.020 5,749 115
10.
C.......................... 0.044 10,601 466
B Season \2\ September 1- W.......................... 0.020 3,275 66
December 31.
C.......................... 0.044 5,933 261
Annual..................... WYK........................ 0.034 2,403 82
Pacific ocean perch..................... Annual..................... W.......................... 0.994 1,572 1,563
WYK........................ 0.961 1,631 1,567
Northern rockfish....................... Annual..................... W.......................... 1.000 1,926 1,926
Dusky rockfish.......................... Annual..................... W.......................... 0.764 265 202
WYK........................ 0.896 460 412
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.
\3\ The Western and Central GOA and WYK District area apportionments of pollock are considered ACLs.
The halibut PSC sideboard limits for Amendment 80 Program vessels
in the GOA are based on the historical use of halibut PSC by Amendment
80 Program vessels in each PSC target category from 1998 through 2004.
These values are slightly lower than the average historical use to
accommodate two factors: Allocation of halibut PSC cooperative quota
under the Rockfish Program and the exemption of the F/V Golden Fleece
from this restriction (Sec. 679.92(b)(2)). Table 20 lists the proposed
2022 and 2023 halibut PSC sideboard limits for Amendment 80 Program
vessels. This table incorporate the maximum percentages of the halibut
PSC sideboard limits that may be used by Amendment 80 Program vessels
as contained in Table 38 to 50 CFR part 679. Any residual amount of a
seasonal Amendment 80 halibut PSC sideboard limit may carry forward to
the next season limit (Sec. 679.92(b)(2)).
Table 20--Proposed 2022 and 2023 Halibut PSC Sideboard Limits for Amendment 80 Program Vessels in the GOA
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Proposed 2022
Historic and 2023
Amendment 80 use Proposed 2022 Amendment 80
Season Season dates Fishery category of the annual and 2023 annual vessel PSC
halibut PSC PSC limit (mt) sideboard limit
limit (ratio) (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1....................................... January 20-April 1......... shallow-water.............. 0.0048 1,706 8
deep-water................. 0.0115 1,706 20
2....................................... April 1-July 1............. shallow-water.............. 0.0189 1,706 32
deep-water................. 0.1072 1,706 183
3....................................... July 1-August 1............ shallow-water.............. 0.0146 1,706 25
deep-water................. 0.0521 1,706 89
4....................................... August 1-October 1......... shallow-water.............. 0.0074 1,706 13
deep-water................. 0.0014 1,706 2
5....................................... October 1-December 31...... shallow-water.............. 0.0227 1,706 39
[[Page 69000]]
deep-water................. 0.0371 1,706 63
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual.................................. ........................... Total shallow-water..... ................ ................ 117
-----------------------------------------------------
Total deep-water........ ................ ................ 357
-----------------------------------------------------
Grand Total, all ................ ................ 474
seasons and
categories.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 economic impact
that this proposed rule, if adopted, would have on small entities. The
IRFA describes the action; the reasons why this proposed rule is
proposed; the objectives and legal basis for this proposed rule; the
estimated number and description of directly regulated small entities
to which this proposed rule would apply; the recordkeeping, reporting,
and other compliance requirements of this proposed rule; and the
relevant Federal rules that may duplicate, overlap, or conflict with
this proposed rule. The IRFA also describes significant alternatives to
this proposed rule that would accomplish the stated objectives of the
Magnuson-Stevens Act, and any other applicable statutes, and that would
minimize any significant economic impact of this proposed rule on small
entities. The description of the proposed action, its purpose, and the
legal basis are explained earlier in the preamble and are not repeated
here.
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
engaged in commercial fishing (NAICS code 11411) is classified as a
small business if it is independently owned and operated, is not
dominant in its field of operation (including its affiliates), and has
combined annual receipts not in excess of $11 million for all its
affiliated operations worldwide. A shoreside processor primarily
involved in seafood processing (NAICS code 311710) is 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 699
individual CVs and CPs with gross revenues less than or equal to $11
million. This estimate does not account for corporate affiliations
among vessels, and for cooperative affiliations among fishing entities,
since some of the fishing vessels operating in the GOA are members of
AFA inshore pollock cooperatives, GOA rockfish cooperatives, or BSAI CR
Program
[[Page 69001]]
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 696 small CV and 3 small CP
entities remaining in the GOA groundfish sector. However, the estimate
of these 696 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, and trawl gear CVs are estimated to be $340,000, $650,000,
and $1.71 million, respectively. Average gross revenues for CP entities
are confidential.
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 Pacific halibut prohibited
species catch limits for the groundfish fishery of the GOA. This action
is necessary to establish harvest limits for groundfish during the 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 GOA. This
strategy was selected from among five alternatives, with the preferred
alternative harvest strategy being one in which the TACs fall within
the range of ABCs recommended by the SSC. Under the preferred harvest
strategy, TACs are set to a level that falls within the range of ABCs
recommended by the SSC; the sum of the TACs must achieve the OY
specified in the FMP. While the specific numbers that the harvest
strategy produces may vary from year to year, the methodology used for
the preferred harvest strategy remains constant.
The TACs associated with preferred harvest strategy are those
recommended by the Council in October 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
TACs in these proposed 2022 and 2023 harvest specifications are
unchanged from the 2022 TACs in the final 2021 and 2022 harvest
specifications (86 FR 10184; February 19, 2021), and the sum of all
TACs remains within OY for the GOA.
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 most species and species groups in the GOA,
the Council recommended, and NMFS proposes, TACs equal to proposed
ABCs, which is intended to maximize harvest opportunities in the GOA.
For some species and species groups, however, the Council
recommended and NMFS proposes TACs that are less than the proposed
ABCs, including for pollock in the W/C/WYK Regulatory Area, Pacific
cod, shallow-water flatfish in the Western Regulatory Area, arrowtooth
flounder except in the Central Regulatory Area, flathead sole in the
Western and Central Regulatory Areas, other rockfish in the SEO
District, and Atka mackerel. In the GOA, increasing TACs for some
species may not result in increased harvest opportunities for those
species. This is due to a variety of reasons. There may be a lack of
commercial or market interest in some species. Additionally, there are
fixed, and therefore constraining, PSC limits associated with the
harvest of the GOA groundfish species that can lead to an underharvest
of flatfish TACs. For this reason, the shallow-water flatfish,
arrowtooth flounder, and flathead sole TACs are set to allow for
increased harvest opportunities for these target species while
conserving the halibut PSC limit for use in other fisheries. The other
rockfish and Atka mackerel TACs are set to accommodate ICAs in other
fisheries. Finally, the TACs for two species (pollock and Pacific cod)
cannot be set equal to ABC, as the TAC must be reduced to account for
the State's GHLs in these fisheries. The W/C/WYK Regulatory Area
pollock TAC and the GOA Pacific cod TACs are therefore set to account
for the State's GHLs for the State water pollock and Pacific cod
fisheries so that the ABCs are not exceeded. For most species in the
GOA, the Council recommended, and NMFS proposes, that proposed TACs
equal proposed ABCs, unless other conservation or management reasons
support proposed TAC amounts less than the proposed ABCs.
Based upon the best available scientific data, and in consideration
of the Council's objectives of this action, it appears that there are
no significant alternatives to the proposed rule that have the
potential to accomplish the stated objectives of the Magnuson-Stevens
Act and any other applicable statutes and that have the potential to
minimize any significant adverse economic impact of the proposed rule
on small entities. This action is economically beneficial to entities
operating in the GOA, including small entities. The action proposes
TACs for commercially valuable species in the GOA and allows for the
continued prosecution of the fishery, thereby creating the opportunity
for fishery revenue. After public process during which the Council
solicited input from stakeholders, the Council concluded that the
proposed harvest specifications would best accomplish the stated
objectives articulated in the preamble for this proposed rule, and in
applicable statutes, and would minimize to the extent practicable
adverse economic impacts on the universe of directly regulated small
entities.
This action does not modify recordkeeping or reporting
requirements, or duplicate, overlap, or conflict with any Federal
rules.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
Adverse impacts on marine mammals or endangered or threatened
species resulting from fishing activities conducted under these harvest
specifications are discussed in the Final EIS and its accompanying
annual SIRs (see ADDRESSES).
Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 1540(f); 16 U.S.C.
1801 et seq.; 16 U.S.C. 3631 et seq.; Pub. L. 105-277; Pub. L. 106-
31; Pub. L. 106-554; Pub. L. 108-199; Pub. L. 108-447; Pub. L. 109-
241; Pub. L. 109-479.
Dated: November 29, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021-26221 Filed 12-3-21; 8:45 am]
BILLING CODE 3510-22-P
