Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; Final 2022 and 2023 Harvest Specifications for Groundfish, 11626-11649 [2022-04292]
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Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Rules and Regulations
potentially causing them to close
sooner.
In fisheries subject to declining
sideboard limits, a failure to implement
the updated sideboard limits before the
initial season’s end could deny the
intended economic protection to the
non-sideboarded sectors. Conversely, in
fisheries with increasing sideboard
limits, economic benefit could be
denied to the sideboard-limited sectors.
If the final harvest specifications are
not effective by March 6, 2022, which is
the start of the 2022 Pacific halibut
season as specified by the IPHC, the
fixed gear sablefish fishery will not
begin concurrently with the Pacific
halibut IFQ season. This would result in
confusion for the industry and
economic harm from unnecessary
discard of sablefish that are caught
along with Pacific halibut, as both fixed
gear sablefish and Pacific halibut are
managed under the same IFQ program.
Immediate effectiveness of these final
2022 and 2023 harvest specifications
will allow the sablefish IFQ fishery to
begin concurrently with the Pacific
halibut IFQ season.
Finally, immediate effectiveness also
provides the fishing industry the earliest
possible opportunity to plan and
conduct its fishing operations with
respect to new information about TACs.
Therefore, in accordance with 5 U.S.C.
553(d)(3), NMFS finds good cause to
waive the 30-day delay in the date of
effectiveness.
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Small Entity Compliance Guide
This final rule is a plain language
guide to assist small entities in
complying with this final rule as
required by the Small Business
Regulatory Enforcement Fairness Act of
1996. This final rule’s primary purpose
is to announce the final 2022 and 2023
harvest specifications and prohibited
species bycatch allowances for the
groundfish fisheries of the GOA. This
action is necessary to establish harvest
limits and associated management
measures for groundfish during the 2022
and 2023 fishing years, and to
accomplish the goals and objectives of
the FMP. This action affects all
fishermen who participate in the GOA
fisheries. The specific OFL, ABC, TAC,
and PSC amounts are provided in tables
in this rule to assist the reader. These
tables also are individually available
online at https://www.fisheries.
noaa.gov/alaska/sustainable-fisheries/
alaska-groundfish-harvestspecifications. NMFS will announce
closures of directed fishing in the
Federal Register and information
bulletins released by the Alaska Region.
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Affected fishermen should keep
themselves informed of such closures.
Authority: 16 U.S.C. 773 et seq.; 16 U.S.C.
1540 (f), 1801 et seq.; 16 U.S.C. 3631 et seq.;
Pub. L. 105–277; Pub. L. 106–31; Pub. L.
106–554; Pub. L. 108–199; Pub. L. 108–447;
Pub. L. 109–241; Pub. L 109–479.
Dated: February 17, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2022–03844 Filed 3–1–22; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 220223–0054]
RIN 0648–XY119
Fisheries of the Exclusive Economic
Zone Off Alaska; Bering Sea and
Aleutian Islands; Final 2022 and 2023
Harvest Specifications for Groundfish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; harvest specifications
and closures.
AGENCY:
NMFS announces final 2022
and 2023 harvest specifications,
apportionments, and prohibited species
catch allowances for the groundfish
fishery of the Bering Sea and Aleutian
Islands management area (BSAI). This
action is necessary to establish harvest
limits for groundfish during the
remainder of the 2022 and the start of
the 2023 fishing years and to
accomplish the goals and objectives of
the Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area
(FMP). The 2022 harvest specifications
supersede those previously set in the
final 2021 and 2022 harvest
specifications, and the 2023 harvest
specifications will be superseded in
early 2023 when the final 2023 and
2024 harvest specifications are
published. The intended effect of this
action is to conserve and manage the
groundfish resources in the BSAI in
accordance with the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
DATES: Harvest specifications and
closures are effective from 1200 hours,
Alaska local time (A.l.t.), March 2, 2022,
SUMMARY:
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through 2400 hours, A.l.t., December 31,
2023.
ADDRESSES: Electronic copies of the
Alaska Groundfish Harvest
Specifications Final Environmental
Impact Statement (EIS), Record of
Decision (ROD), and the annual
Supplementary Information Reports
(SIRs) to the Final EIS prepared for this
action are available from https://
www.fisheries.noaa.gov/region/alaska.
The 2021 Stock Assessment and Fishery
Evaluation (SAFE) report for the
groundfish resources of the BSAI, dated
November 2021, as well as the SAFE
reports for previous years, are available
from the North Pacific Fishery
Management Council (Council) at 1007
West Third Ave., Suite 400, Anchorage,
AK 99501, phone 907–271–2809, or
from the Council’s website at https://
www.npfmc.org/.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
SUPPLEMENTARY INFORMATION: Federal
regulations at 50 CFR part 679
implement the FMP and govern the
groundfish fisheries in the BSAI. The
Council prepared the FMP, and NMFS
approved it, under the MagnusonStevens Act. General regulations
governing U.S. fisheries also appear at
50 CFR part 600.
The FMP and its implementing
regulations require NMFS, after
consultation with the Council, to
specify annually the total allowable
catch (TAC) for each target species
category. The sum of all TAC for all
groundfish species in the BSAI must be
within the optimum yield (OY) range of
1.4 million to 2.0 million metric tons
(mt) (see § 679.20(a)(1)(i)(A)). This final
rule specifies the sum of the TAC at
1,871,000 mt for 2022 and 2.0 million
mt for 2023. NMFS also must specify
apportionments of TAC; prohibited
species catch (PSC) allowances and
prohibited species quota (PSQ) reserves
established by § 679.21; seasonal
allowances of pollock, Pacific cod, and
Atka mackerel TAC; American Fisheries
Act allocations; Amendment 80
allocations; Community Development
Quota (CDQ) reserve amounts
established by § 679.20(b)(1)(ii); and
acceptable biological catch (ABC)
surpluses and reserves for CDQ groups
and any Amendment 80 cooperatives for
flathead sole, rock sole, and yellowfin
sole. The final harvest specifications set
forth in Tables 1 through 22 of this
action satisfy these requirements.
Section 679.20(c)(3)(i) further requires
that NMFS consider public comment on
the proposed harvest specifications and,
after consultation with the Council,
publish final harvest specifications in
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the Federal Register. The proposed
2022 and 2023 harvest specifications for
the groundfish fishery of the BSAI were
published in the Federal Register on
December 3, 2021 (86 FR 68608).
Comments were invited and accepted
through January 3, 2022. As discussed
in the Response to Comments section
below, NMFS received no comments
during the public comment period for
the proposed BSAI groundfish harvest
specifications.
NMFS consulted with the Council on
the final 2022 and 2023 harvest
specifications during the December
2021 Council meeting. After considering
public comments during public
meetings, as well as biological and
socioeconomic data that were available
at the Council’s December meeting,
NMFS implements in this final rule the
final 2022 and 2023 harvest
specifications as recommended by the
Council.
ABC and TAC Harvest Specifications
The final ABC amounts for Alaska
groundfish are based on the best
available biological information,
including projected biomass trends,
information on assumed distribution of
stock biomass, and revised technical
methods used to calculate stock
biomass. In general, the development of
ABCs and overfishing levels (OFLs)
involves sophisticated statistical
analyses of fish populations. The FMP
specifies a series of six tiers to define
OFL and ABC amounts based on the
level of reliable information available to
fishery scientists. Tier 1 represents the
highest level of information quality
available, while Tier 6 represents the
lowest.
In December 2021, the Council, its
Scientific and Statistical Committee
(SSC), and its Advisory Panel (AP)
reviewed current biological and harvest
information about the condition of the
BSAI groundfish stocks. The Council’s
BSAI Groundfish Plan Team (Plan
Team) compiled and presented this
information in the 2021 SAFE report for
the BSAI groundfish fisheries, dated
November 2021 (see ADDRESSES). The
SAFE report contains a review of the
latest scientific analyses and estimates
of each species’ biomass and other
biological parameters, as well as
summaries of the available information
on the BSAI ecosystem and the
economic condition of groundfish
fisheries off Alaska. NMFS notified the
public of the comment period for these
harvest specifications—and of the
publication of the 2021 SAFE report—
in the notice of proposed harvest
specifications. From the data and
analyses in the SAFE report, the Plan
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Team recommended an OFL and ABC
for each species or species group at the
November 2021 Plan Team meeting.
In December 2021, the SSC, AP, and
Council reviewed the Plan Team’s
recommendations. The final TAC
recommendations were based on the
ABCs, and were adjusted for other
biological and socioeconomic
considerations, including maintaining
the sum of all the TACs within the
required OY range of 1.4 million to 2.0
million mt. As required by annual catch
limit rules for all fisheries (74 FR 3178,
January 16, 2009), none of the Council’s
recommended 2022 or 2023 TACs
exceed the final 2022 or 2023 ABCs for
any species or species group. NMFS
finds that the Council’s recommended
OFLs, ABCs, and TACs are consistent
with the preferred harvest strategy
outlined in the FMP and the biological
condition of groundfish stocks as
described in the 2021 SAFE report that
was approved by the Council. Therefore,
this final rule provides notice that the
Secretary of Commerce approves the
final 2022 and 2023 harvest
specifications as recommended by the
Council.
The 2022 harvest specifications set in
this final action supersede the 2022
harvest specifications previously set in
the final 2021 and 2022 harvest
specifications (86 FR 11449, February
25, 2021). The 2023 harvest
specifications herein will be superseded
in early 2023 when the final 2023 and
2024 harvest specifications are
published. Pursuant to this final action,
the 2022 harvest specifications therefore
will apply for the remainder of the
current year (2022), while the 2023
harvest specifications are projected only
for the following year (2023) and will be
superseded in early 2023 by the final
2023 and 2024 harvest specifications.
Because this final action (published in
early 2022) will be superseded in early
2023 by the publication of the final 2023
and 2024 harvest specifications, it is
projected that this final action will
implement the harvest specifications for
the BSAI for approximately one year.
Other Actions Affecting the 2022 and
2023 Harvest Specifications
State of Alaska Guideline Harvest Levels
For 2022 and 2023, the Board of
Fisheries (BOF) for the State of Alaska
(State) established the guideline harvest
level (GHL) for vessels using pot gear in
State waters in the Bering Sea subarea
(BS) equal to 11 percent of the Pacific
cod ABC in the BS. The State’s pot gear
BS GHL will increase one percent
annually up to 15 percent of the BS
ABC, if 90 percent of the GHL is
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11627
harvested by November 15 of the
preceding year. If 90 percent of the 2022
BS GHL is not harvested by November
15, 2022, then the 2023 BS GHL will
remain at the same percentage as the
2022 BS GHL (11 percent). If 90 percent
of the 2022 BS GHL is harvested by
November 15, 2022, then the 2023 BS
GHL will increase by one percent and
the 2023 BS TAC will be set to account
for the increased BS GHL. Also, for 2021
and 2022, the BOF established an
additional GHL for vessels using jig gear
in State waters in the BS equal to 45 mt
of Pacific cod in the BS. The Council
and its Plan Team, SSC, and AP
recommended that the sum of all State
and Federal water Pacific cod removals
from the BS not exceed the ABC
recommendations for Pacific cod in the
BS. Accordingly, the Council
recommended, and NMFS approves,
that the 2022 and 2023 Pacific cod TACs
in the BS account for the State’s GHLs
for Pacific cod caught in State waters in
the BS.
For 2022 and 2023, the BOF for the
State established the GHL in State
waters in the Aleutian Islands subarea
(AI) equal to 39 percent of the AI ABC.
The AI GHL will increase annually by
4 percent of the AI ABC, if 90 percent
of the GHL is harvested by November 15
of the preceding year, but may not
exceed 39 percent of the AI ABC or 15
million pounds (6,804 mt). For 2022, 39
percent of the AI ABC is 8,034 mt,
which exceeds the AI GHL limit of
6,804 mt. The Council and its Plan
Team, SSC, and AP recommended that
the sum of all State and Federal water
Pacific cod removals from the AI not
exceed the ABC recommendations for
Pacific cod in the AI. Accordingly, the
Council recommended, and NMFS
approves, that the 2022 and 2023 Pacific
cod TACs in the AI account for the
State’s GHL of 6,804 mt for Pacific cod
caught in State waters in the AI.
Abundance Based Management (ABM)
of Amendment 80 Program Halibut PSC
Limit
At the December 2021 meeting, the
Council recommended that the ABM
Program that would determine the
annual Amendment 80 halibut PSC
limit be based on the most recent survey
values and the PSC limit value
associated with those survey values.
Under this ABM Program, the
Amendment 80 halibut PSC limit would
increase and decrease according to the
survey indices of abundance, and would
be responsive to changing halibut stock
conditions that affect all halibut users,
while never exceeding the current
Amendment 80 PSC limit. If approved
by the Secretary of Commerce, the
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rulemaking implementing this action
would occur in either 2023 (mid-year)
or the beginning of the 2024 fishing year
and supersede the current Amendment
80 halibut PSC limits.
Changes From the Proposed 2022 and
2023 Harvest Specifications for the
BSAI
The Council’s recommendations for
the proposed 2022 and 2023 harvest
specifications (86 FR 68608, December
3, 2021) were based largely on
information contained in the 2020 SAFE
report for the BSAI groundfish fisheries.
Through the proposed harvest
specifications, NMFS notified the public
that these harvest specifications could
change, as the Council would consider
information contained in the 2021 SAFE
report; recommendations from the Plan
Team, SSC, and AP; and public
comments when making its
recommendations for final harvest
specifications at the December 2021
Council meeting. NMFS further notified
the public that, as required by the FMP
and its implementing regulations, the
sum of the TACs must be within the OY
range of 1.4 million and 2.0 million mt.
Information contained in the 2021
SAFE report indicates biomass changes
from the 2020 SAFE report for several
groundfish species. The 2021 SAFE
report was made available for public
review during the public comment
period for the proposed harvest
specifications. At the December 2021
Council meeting, the SSC recommended
the 2022 and 2023 OFLs and ABCs
based on the best and most recent
information contained in the 2021 SAFE
report. The SSC’s recommendation
resulted in an ABC sum total for all
BSAI groundfish species in excess of 2.0
million mt for both 2022 and 2023.
Based on lower spawning biomass
estimates, the Council recommends
final BS pollock TACs decrease by
289,000 mt in 2022 and 111,000 mt in
2023 compared to the proposed 2022
and 2023 BS pollock TACs. The large
reduction in pollock TAC leads to more
available TAC for other fisheries while
still maintaining an overall total TAC
within the required OY range of 1.4 to
2.0 million mt. This leads to an increase
to almost all non-pollock TACs in 2022
and 2023, except for TACs for those
species restricted by biomass
limitations. Specifically, there were no
other decreases in non-pollock TACs in
2022. In 2023, there were small
decreases in terms of tonnage and
percentage decrease from proposed
TACs for Bering Sea (BS) Greenland
turbot, Aleutian Islands (AI) Greenland
turbot, BS Pacific ocean perch, Central
Aleutian Islands (CAI) Pacific ocean
perch, and Eastern Aleutian Islands
(EAI) Pacific ocean perch.
The changes to TACs between the
proposed and final harvest
specifications are based on the most
recent scientific and socioeconomic
information and are consistent with the
FMP, regulatory obligations, and harvest
strategy as described in the proposed
and final harvest specifications,
including the required OY range of 1.4
million to 2.0 million mt. These changes
are compared in Table 1A.
Table 1 lists the Council’s
recommended final 2022 OFL, ABC,
TAC, initial TAC (ITAC), CDQ reserve
allocations, and non-specified reserves
of the BSAI groundfish species or
species groups; and Table 2 lists the
Council’s recommended final 2023 OFL,
ABC, TAC, ITAC, CDQ reserve
allocations, and non-specified reserves
of the BSAI groundfish species or
species groups. NMFS concurs in these
recommendations. These final 2022 and
2023 TAC amounts for the BSAI are
within the OY range established for the
BSAI and do not exceed the ABC for any
species or species group. The
apportionment of TAC amounts among
fisheries and seasons is discussed
below.
TABLE 1—FINAL 2022 OVERFISHING LEVEL (OFL), ACCEPTABLE BIOLOGICAL CATCH (ABC), TOTAL ALLOWABLE CATCH
(TAC), INITIAL TAC (ITAC), CDQ RESERVE ALLOCATION, AND NONSPECIFIED RESERVES OF GROUNDFISH IN THE BSAI 1
[Amounts are in metric tons]
2022
Species
Pollock 4 .......................
Pacific cod 5 .................
Sablefish 6 ....................
Yellowfin sole ...............
Greenland turbot ..........
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Arrowtooth flounder .....
Kamchatka flounder .....
Rock sole 7 ...................
Flathead sole 8 .............
Alaska plaice ................
Other flatfish 9 ..............
Pacific ocean perch .....
Northern rockfish .........
Blackspotted/Rougheye
rockfish 10.
VerDate Sep<11>2014
Area
ABC
TAC
BS ..................
AI ...................
Bogoslof .........
BS ..................
AI ...................
Alaska-wide ...
BS ..................
AI ...................
BSAI ...............
BSAI ...............
BS ..................
AI ...................
BSAI ...............
BSAI ...............
BSAI ...............
BSAI ...............
BSAI ...............
BSAI ...............
BSAI ...............
BS ..................
EAI .................
CAI .................
WAI ................
BSAI ...............
BSAI ...............
1,469,000
61,264
113,479
183,012
27,400
40,432
n/a
n/a
377,071
7,687
n/a
n/a
94,445
10,903
214,084
77,967
39,305
22,919
42,605
n/a
n/a
n/a
n/a
23,420
598
1,111,000
50,752
85,109
153,383
20,600
34,521
5,264
6,463
354,014
6,572
5,540
1,032
80,389
9,214
206,896
64,288
32,697
17,189
35,688
10,352
8,083
5,950
11,303
19,217
503
1,111,000
19,000
250
136,466
13,796
n/a
5,264
6,463
250,000
6,572
5,540
1,032
20,000
9,214
66,000
35,500
29,221
10,000
35,385
10,352
8,083
5,950
11,000
17,000
503
BS/EAI ...........
CAI/WAI .........
n/a
n/a
326
177
326
177
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CDQ 3
Nonspecified
reserves
999,900
17,100
250
121,864
12,320
n/a
4,343
5,251
223,250
5,586
4,709
877
17,000
7,832
58,938
31,702
24,838
8,500
31,154
8,799
7,218
5,313
9,823
14,450
428
111,100
1,900
........................
14,602
1,476
n/a
724
1,091
26,750
n/a
593
........................
2,140
........................
7,062
3,799
........................
........................
n/a
........................
865
637
1,177
........................
........................
........................
........................
........................
........................
........................
........................
197
121
........................
........................
238
155
860
1,382
........................
........................
4,383
1,500
........................
1,553
........................
........................
........................
2,550
75
277
150
........................
........................
49
27
ITAC 2
OFL
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Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Rules and Regulations
11629
TABLE 1—FINAL 2022 OVERFISHING LEVEL (OFL), ACCEPTABLE BIOLOGICAL CATCH (ABC), TOTAL ALLOWABLE CATCH
(TAC), INITIAL TAC (ITAC), CDQ RESERVE ALLOCATION, AND NONSPECIFIED RESERVES OF GROUNDFISH IN THE
BSAI 1—Continued
[Amounts are in metric tons]
2022
Species
Area
OFL
Shortraker rockfish .......
Other rockfish 11 ...........
ABC
TAC
ITAC 2
CDQ 3
Nonspecified
reserves
Skates ..........................
Sharks ..........................
Octopuses ....................
BSAI ...............
BSAI ...............
BS ..................
AI ...................
BSAI ...............
BS/EAI ...........
CAI .................
WAI ................
BSAI ...............
BSAI ...............
BSAI ...............
722
1,751
n/a
n/a
91,870
n/a
n/a
n/a
47,790
689
4,769
541
1,313
919
394
78,510
27,260
16,880
34,370
39,958
517
3,576
541
1,144
750
394
66,481
27,260
16,880
22,341
30,000
500
700
460
972
638
335
59,368
24,343
15,074
19,951
25,500
425
595
........................
........................
........................
........................
7,113
2,917
1,806
2,390
........................
........................
........................
81
172
113
59
........................
........................
........................
........................
4,500
75
105
Total ......................
........................
2,953,182
2,383,653
1,871,000
1,672,024
181,028
17,948
Atka mackerel ..............
1 These
amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of
these harvest specifications, the Bering Sea subarea (BS) includes the Bogoslof District.
2 Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and Amendment 80 species (Atka mackerel, yellowfin sole, rock sole, flathead sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 15 percent of each TAC is put into a non-specified
reserve. The ITAC for these species is the remainder of the TAC after the subtraction of these reserves. For pollock and Amendment 80 species,
ITAC is the non-CDQ allocation of TAC (see footnotes 3 and 4).
3 For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean
perch), 10.7 percent of the TAC is reserved for use by CDQ participants (see §§ 679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish
TAC allocated to hook-and-line gear or pot gear, 7.5 percent of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for Bering Sea Greenland turbot and arrowtooth flounder are reserved for use by CDQ participants (see § 679.20(b)(1)(ii)(B) and (D)). Aleutian Islands
Greenland turbot, ‘‘other flatfish,’’ Alaska plaice, Bering Sea Pacific ocean perch, Kamchatka flounder, northern rockfish, shortraker rockfish,
blackspotted/rougheye rockfish, ‘‘other rockfish,’’ skates, sharks, and octopuses are not allocated to the CDQ program.
4 Under § 679.20(a)(5)(i)(A), the annual BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second
for the incidental catch allowance (4.95 percent), is further allocated by sector for a pollock directed fishery as follows: Inshore—50 percent;
catcher/processor—40 percent; and motherships—10 percent. Under § 679.20(a)(5)(iii)(B)(2), the annual AI pollock TAC, after subtracting first for
the CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (2,500 mt), is allocated to the Aleut Corporation
for a pollock directed fishery.
5 The BS Pacific cod TAC is set to account for the 11 percent, plus 45 mt, of the BS ABC for the State of Alaska’s (State) guideline harvest
level in State waters of the BS. The AI Pacific cod TAC is set to account for 39 percent of the AI ABC for the State guideline harvest level in
State waters of the AI, except 39 percent of the AI ABC exceeds the State guideline harvest level of 15 million pounds (6,804 mt), in which case
the TAC is set to account for the State guideline harvest level of 6,804 mt.
6 The sablefish OFL and ABC are Alaska-wide and include the Gulf of Alaska.
7 ‘‘Rock sole’’ includes Lepidopsetta polyxystra (Northern rock sole) and Lepidopsetta bilineata (Southern rock sole).
8 ‘‘Flathead sole’’ includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
9 ‘‘Other flatfish’’ includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
10 ‘‘Blackspotted/Rougheye rockfish’’ includes Sebastes melanostictus (blackspotted) and Sebastes aleutianus (rougheye).
11 ‘‘Other rockfish’’ includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean perch, northern rockfish,
blackspotted/rougheye rockfish, and shortraker rockfish.
Note: Regulatory areas and districts are defined at § 679.2 (BSAI = Bering Sea and Aleutian Islands management area, BS = Bering Sea subarea, AI = Aleutian Islands subarea, EAI = Eastern Aleutian district, CAI = Central Aleutian district, WAI = Western Aleutian district).
TABLE 1A—COMPARISON OF FINAL 2022 AND 2023 WITH PROPOSED 2022 AND 2023 TOTAL ALLOWABLE CATCH IN THE
BSAI
[Amounts are in metric tons]
Species
Area 1
Pollock ................................
BS ............
AI ..............
Bogoslof ...
BS ............
AI ..............
BS ............
AI ..............
BSAI .........
BS ............
AI ..............
BSAI .........
BSAI .........
BSAI .........
BSAI .........
BSAI .........
BSAI .........
Pacific cod ..........................
lotter on DSK11XQN23PROD with RULES1
Sablefish .............................
Yellowfin sole ......................
Greenland turbot .................
Arrowtooth flounder ............
Kamchatka flounder ............
Rock sole ............................
Flathead sole ......................
Alaska plaice ......................
Other flatfish .......................
VerDate Sep<11>2014
16:19 Mar 01, 2022
2022
final
TAC
2022
proposed
TAC
2022
difference
from proposed
2022
percentage
difference from
proposed
1,400,000
19,000
100
95,053
13,796
4,863
5,061
200,000
5,125
900
15,000
8,982
54,500
25,000
22,500
6,500
(289,000)
........................
150
41,413
........................
401
1,402
50,000
415
132
5,000
232
11,500
10,500
6,721
3,500
(20.6)
........................
150.0
43.6
........................
8.2
27.7
25.0
8.1
14.7
33.3
2.6
21.1
42.0
29.9
53.8
1,111,000
19,000
250
136,466
13,796
5,264
6,463
250,000
5,540
1,032
20,000
9,214
66,000
35,500
29,221
10,000
Jkt 256001
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
2023
final
TAC
1,289,000
19,000
250
133,459
13,796
6,529
7,786
230,000
4,825
899
20,000
9,393
55,000
25,500
29,082
10,000
E:\FR\FM\02MRR1.SGM
2023
proposed
TAC
2023
difference
from proposed
2023
percentage
difference from
proposed
1,400,000
19,000
100
95,053
13,796
4,863
5,061
200,000
5,125
900
15,000
8,982
54,500
25,000
22,500
6,500
(111,000)
........................
150
38,406
........................
1,666
2,725
30,000
(300)
(1)
5,000
411
500
500
6,582
3,500
(7.9)
........................
150.0
40.4
........................
34.3
53.8
15.0
(5.9)
(0.1)
33.3
4.6
0.9
2.0
29.3
53.8
02MRR1
11630
Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Rules and Regulations
TABLE 1A—COMPARISON OF FINAL 2022 AND 2023 WITH PROPOSED 2022 AND 2023 TOTAL ALLOWABLE CATCH IN THE
BSAI—Continued
[Amounts are in metric tons]
2022
difference
from proposed
2022
percentage
difference from
proposed
10,298
8,041
5,919
10,500
13,000
150
54
42
31
500
4,000
176
0.5
0.5
0.5
4.8
30.8
117.3
9,956
7,774
5,722
10,500
17,000
334
177
541
750
394
27,260
16,880
22,341
30,000
500
700
176
225
300
394
23,880
14,330
19,507
16,000
200
700
1
316
450
........................
3,380
2,550
2,834
14,000
300
........................
0.6
140.4
150.0
........................
14.2
17.8
14.5
87.5
150.0
........................
1,871,000
2,000,000
(129,000)
(6.5)
2022
final
TAC
Species
Area 1
Pacific ocean perch ............
BS ............
EAI ...........
CAI ...........
WAI ..........
BSAI .........
BS/EAI .....
10,352
8,083
5,950
11,000
17,000
326
Skates .................................
Sharks .................................
Octopuses ...........................
CAI/WAI ...
BSAI .........
BS ............
AI ..............
EAI/BS .....
CAI ...........
WAI ..........
BSAI .........
BSAI .........
BSAI .........
Total .............................
BSAI .........
Northern rockfish ................
Blackspotted and Rougheye
rockfish.
Shortraker rockfish .............
Other rockfish .....................
Atka mackerel .....................
2022
proposed
TAC
2023
difference
from proposed
2023
percentage
difference from
proposed
10,298
8,041
5,919
10,500
13,000
150
(342)
(267)
(197)
........................
4,000
184
(3.3)
(3.3)
(3.3)
........................
30.8
122.7
183
541
919
394
25,000
15,470
20,488
30,000
500
700
176
225
300
394
23,880
14,330
19,507
16,000
200
700
7
316
619
........................
1,120
1,140
981
14,000
300
700
4.0
140.4
206.3
........................
4.7
8.0
5.0
87.5
150.0
........................
2,000,000
2,000,000
........................
........................
2023
final
TAC
2023
proposed
TAC
1 Bering
Sea subarea (BS), Aleutian Islands subarea (AI), Bering Sea and Aleutian Islands management area (BSAI), Eastern Aleutian District (EAI), Central Aleutian District (CAI), and Western Aleutian District (WAI).
TABLE 2—FINAL 2023 OVERFISHING LEVEL (OFL), ACCEPTABLE BIOLOGICAL CATCH (ABC), TOTAL ALLOWABLE CATCH
(TAC), INITIAL TAC (ITAC), CDQ RESERVE ALLOCATION, AND NONSPECIFIED RESERVES OF GROUNDFISH IN THE BSAI 1
[Amounts are in metric tons]
2023
Species
Pollock 4 .......................
Pacific cod 5 .................
Sablefish 6 ....................
Yellowfin sole ...............
Greenland turbot ..........
Arrowtooth flounder .....
Kamchatka flounder .....
Rock sole 7 ...................
Flathead sole 8 .............
Alaska plaice ................
Other flatfish 9 ..............
Pacific ocean perch .....
Northern rockfish .........
Blackspotted/Rougheye
rockfish 10.
lotter on DSK11XQN23PROD with RULES1
Shortraker rockfish .......
Other rockfish 11 ...........
Atka mackerel ..............
Skates ..........................
Sharks ..........................
VerDate Sep<11>2014
Area
OFL
ABC
TAC
BS ..................
AI ...................
Bogoslof .........
BS ..................
AI ...................
Alaska-wide ...
BS ..................
AI ...................
BSAI ...............
BSAI ...............
BS ..................
AI ...................
BSAI ...............
BSAI ...............
BSAI ...............
BSAI ...............
BSAI ...............
BSAI ...............
BSAI ...............
BS ..................
EAI .................
CAI .................
WAI ................
BSAI ...............
BSAI ...............
1,704,000
61,379
113,479
180,909
27,400
42,520
n/a
n/a
382,035
6,698
n/a
n/a
97,944
11,115
280,621
80,034
39,685
22,919
40,977
n/a
n/a
n/a
n/a
22,594
615
1,289,000
50,825
85,109
151,709
20,600
36,318
6,529
7,786
358,675
5,724
4,825
899
83,389
9,393
271,199
65,988
32,998
17,189
34,322
9,956
7,774
5,722
10,870
18,538
517
1,289,000
19,000
250
133,459
13,796
n/a
6,529
7,786
230,000
5,724
4,825
899
20,000
9,393
55,000
25,500
29,082
10,000
33,952
9,956
7,774
5,722
10,500
17,000
517
BS/EAI ...........
CAI/WAI .........
BSAI ...............
BSAI ...............
BS ..................
AI ...................
BSAI ...............
EAI/BS ...........
CAI .................
WAI ................
BSAI ...............
BSAI ...............
n/a
n/a
722
1,751
n/a
n/a
84,440
n/a
n/a
n/a
46,475
689
334
183
541
1,313
919
394
71,990
25,000
15,470
31,520
38,824
517
334
183
541
1,313
919
394
60,958
25,000
15,470
20,488
30,000
500
16:19 Mar 01, 2022
Jkt 256001
PO 00000
Frm 00050
Fmt 4700
Sfmt 4700
CDQ 3
Nonspecified
reserves
1,160,100
17,100
250
119,179
12,320
n/a
2,775
1,655
205,390
4,865
4,101
764
17,000
7,984
49,115
22,772
24,720
8,500
29,891
8,463
6,942
5,110
9,377
14,450
439
128,900
1,900
........................
14,280
1,476
n/a
245
146
24,610
n/a
516
........................
2,140
........................
5,885
2,729
........................
........................
n/a
........................
832
612
1,124
........................
........................
........................
........................
........................
........................
........................
........................
245
146
........................
........................
207
135
860
1,409
........................
........................
4,362
1,500
........................
1,493
........................
........................
........................
2,550
78
284
156
460
1,116
781
335
54,435
22,325
13,815
18,296
25,500
425
........................
........................
........................
........................
........................
........................
6,523
2,675
1,655
2,192
........................
........................
50
27
81
197
138
59
........................
........................
........................
........................
4,500
75
ITAC 2
E:\FR\FM\02MRR1.SGM
02MRR1
Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Rules and Regulations
11631
TABLE 2—FINAL 2023 OVERFISHING LEVEL (OFL), ACCEPTABLE BIOLOGICAL CATCH (ABC), TOTAL ALLOWABLE CATCH
(TAC), INITIAL TAC (ITAC), CDQ RESERVE ALLOCATION, AND NONSPECIFIED RESERVES OF GROUNDFISH IN THE
BSAI 1—Continued
[Amounts are in metric tons]
2023
Species
Area
OFL
ABC
ITAC 2
TAC
CDQ 3
Nonspecified
reserves
Octopuses ....................
BSAI ...............
4,769
3,576
700
595
........................
105
Total ......................
........................
3,253,770
2,626,251
2,000,000
1,781,036
191,917
17,943
lotter on DSK11XQN23PROD with RULES1
1 These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of
these harvest specifications, the Bering Sea subarea (BS) includes the Bogoslof District.
2 Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 15 percent of each TAC is put into a non-specified reserve. The ITAC for these species is the remainder of the TAC after the subtraction of these reserves. For pollock and Amendment 80 species,
ITAC is the non-CDQ allocation of TAC (see footnotes 3 and 4).
3 For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean
perch), 10.7 percent of the TAC is reserved for use by CDQ participants (see §§ 679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish
TAC allocated to hook-and-line gear or pot gear, 7.5 percent of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for Bering Sea Greenland turbot and arrowtooth flounder are reserved for use by CDQ participants (see § 679.20(b)(1)(ii)(B) and (D)). The 2023 hookand-line or pot gear portion of the sablefish ITAC and CDQ reserve will not be specified until the final 2023 and 2024 harvest specifications.
Aleutian Islands Greenland turbot, ‘‘other flatfish,’’ Alaska plaice, Bering Sea Pacific ocean perch, Kamchatka flounder, northern rockfish,
shortraker rockfish, blackspotted/rougheye rockfish, ‘‘other rockfish,’’ skates, sharks, and octopuses are not allocated to the CDQ program.
4 Under § 679.20(a)(5)(i)(A), the annual BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second
for the incidental catch allowance (4.27 percent), is further allocated by sector for a pollock directed fishery as follows: Inshore—50 percent;
catcher/processor—40 percent; and motherships—10 percent. Under § 679.20(a)(5)(iii)(B)(2), the annual AI pollock TAC, after subtracting first for
the CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (2,500 mt), is allocated to the Aleut Corporation
for a pollock directed fishery.
5 Assuming an increase in the 2023 guideline harvest level based on the actual 2022 harvest, the 2023 BS Pacific cod TAC is set to account
for the 12 percent, plus 45 mt, of the BS ABC for the State of Alaska’s (State) guideline harvest level in State waters of the BS. The 2023 AI Pacific cod TAC is set to account for 39 percent of the AI ABC for the State guideline harvest level in State waters of the AI, except 39 percent of
the AI ABC exceeds the State guideline harvest level of 15 million pounds (6,804 mt), in which case the TAC is set to account for the State
guideline harvest level of 6,804 mt.
6 The sablefish OFL and ABC are Alaska-wide and include the Gulf of Alaska.
7 ‘‘Rock sole’’ includes Lepidopsetta polyxystra (Northern rock sole) and Lepidopsetta bilineata (Southern rock sole).
8 ‘‘Flathead sole’’ includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
9 ‘‘Other flatfish’’ includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
10 ‘‘Blackspotted/Rougheye rockfish’’ includes Sebastes melanostictus (blackspotted) and Sebastes aleutianus (rougheye).
11 ‘‘Other rockfish’’ includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean perch, northern rockfish,
blackspotted/rougheye rockfish, and shortraker rockfish.
Note: Regulatory areas and districts are defined at § 679.2 (BSAI = Bering Sea and Aleutian Islands management area, BS = Bering Sea subarea, AI = Aleutian Islands subarea, EAI = Eastern Aleutian district, CAI = Central Aleutian district, WAI = Western Aleutian district).
Groundfish Reserves and the Incidental
Catch Allowance (ICA) for Pollock, Atka
Mackerel, Flathead Sole, Rock Sole,
Yellowfin Sole, and AI Pacific Ocean
Perch
Section 679.20(b)(1)(i) requires that
NMFS reserve 15 percent of the TAC for
each target species (except for pollock,
hook-and-line and pot gear allocation of
sablefish, and Amendment 80 species)
in a non-specified reserve. Section
679.20(b)(1)(ii)(B) requires that NMFS
allocate 20 percent of the hook-and-line
or pot gear allocation of sablefish to the
fixed-gear sablefish CDQ reserve for
each subarea. Section 679.20(b)(1)(ii)(D)
requires that NMFS allocate 7.5 percent
of the trawl gear allocations of sablefish
in the BS and AI and 10.7 percent of the
BS Greenland turbot and arrowtooth
flounder TACs to the respective CDQ
reserves. Section 679.20(b)(1)(ii)(C)
requires that NMFS allocate 10.7
percent of the TACs for Atka mackerel,
AI Pacific ocean perch, yellowfin sole,
rock sole, flathead sole, and Pacific cod
to the respective CDQ reserves. Sections
VerDate Sep<11>2014
16:19 Mar 01, 2022
Jkt 256001
679.20(a)(5)(i)(A) and 679.31(a) also
require that 10 percent of the BS pollock
TAC be allocated to the pollock CDQ
directed fishing allowance (DFA).
Sections 679.20(a)(5)(iii)(B)(2)(i) and
679.31(a) require that 10 percent of the
AI pollock TAC be allocated to the
pollock CDQ DFA. The entire Bogoslof
District pollock TAC is allocated as an
ICA pursuant to § 679.20(a)(5)(ii)
because the Bogoslof District is closed to
directed fishing for pollock by
regulation (§ 679.22(a)(7)(B)). With the
exception of the hook-and-line or pot
gear sablefish CDQ reserve, the
regulations do not further apportion the
CDQ allocations by gear.
Pursuant to § 679.20(a)(5)(i)(A)(1),
NMFS allocates a pollock ICA of 49,500
mt of the BS pollock TAC after
subtracting the 10 percent CDQ DFA.
This allowance is based on NMFS’s
examination of the pollock incidental
catch, including the incidental catch by
CDQ vessels, in target fisheries other
than pollock from 2000 through 2021.
During this 22-year period, the pollock
PO 00000
Frm 00051
Fmt 4700
Sfmt 4700
incidental catch ranged from a low of
2.2 percent in 2006 to a high of 4.6
percent in 2014, with a 22-year average
of 3 percent. Pursuant to
§ 679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS
establishes a pollock ICA of 2,500 mt of
the AI pollock TAC after subtracting the
10 percent CDQ DFA. This allowance is
based on NMFS’s examination of the
pollock incidental catch, including the
incidental catch by CDQ vessels, in
target fisheries other than pollock from
2003 through 2021. During this 19-year
period, the incidental catch of pollock
ranged from a low of 5 percent in 2006
to a high of 17 percent in 2014, with a
19-year average of 9 percent.
After subtracting the 10.7 percent
CDQ reserve and pursuant to
§ 679.20(a)(8) and (10), NMFS allocates
ICAs of 3,000 mt of flathead sole, 6,000
mt of rock sole, 4,000 mt of yellowfin
sole, 10 mt of WAI Pacific ocean perch,
60 mt of CAI Pacific ocean perch, 100
mt of EAI Pacific ocean perch, 20 mt of
WAI Atka mackerel, 75 mt of CAI Atka
mackerel, and 800 mt of EAI and BS
E:\FR\FM\02MRR1.SGM
02MRR1
11632
Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Rules and Regulations
Atka mackerel. These ICA allowances
are based on NMFS’s examination of the
incidental catch in other target fisheries
from 2003 through 2021.
The regulations do not designate the
remainder of the non-specified reserve
by species or species group. Any
amount of the reserve may be
apportioned to a target species that
contributed to the non-specified
reserves during the year, provided that
such apportionments are consistent
with § 679.20(a)(3) and do not result in
overfishing (see § 679.20(b)(1)(i)). The
Regional Administrator has determined
that the ITACs specified for certain
species listed in Tables 1 and 2 need to
be supplemented from the non-specified
reserve because U.S. fishing vessels
have demonstrated the capacity to catch
the full TAC allocations. Therefore, in
accordance with § 679.20(b), NMFS is
apportioning the amounts shown in
Table 3 from the non-specified reserve
to increase the ITAC for AI ‘‘other
rockfish’’ by 15 percent of the ‘‘other
rockfish’’ TAC in 2022 and 2023.
TABLE 3–FINAL 2022 AND 2023 APPORTIONMENT OF NON-SPECIFIED RESERVES TO ITAC CATEGORIES
[Amounts are in metric tons]
Species-area or subarea
2022 reserve
amount
2022 ITAC
Other rockfish-Aleutian Islands subarea ..
Total ..................................................
335
335
Allocation of Pollock TAC Under the
American Fisheries Act (AFA)
Section 679.20(a)(5)(i)(A) requires that
the BS pollock TAC be apportioned as
a DFA, after subtracting 10 percent for
the CDQ program and 4.95 percent in
2022 and 4.27 percent in 2023 for the
ICA, as follows: 50 percent to the
inshore sector, 40 percent to the
catcher/processor (CP) sector, and 10
percent to the mothership sector. In the
BS, 45 percent of the DFA is allocated
to the A season (January 20–June 10),
and 55 percent of the DFA is allocated
to the B season (June 10–November 1)
(§§ 679.20(a)(5)(i)(B)(1) and
679.23(e)(2)). The AI directed pollock
fishery allocation to the Aleut
Corporation is the amount of pollock
TAC remaining in the AI after
subtracting 1,900 mt for the CDQ DFA
(10 percent) and 2,500 mt for the ICA
(§ 679.20(a)(5)(iii)(B)(2)). In the AI, the
total A season apportionment of the
TAC (including the AI directed fishery
allocation, the CDQ DFA, and the ICA)
may equal up to 40 percent of the ABC
for AI pollock, and the remainder of the
2022 final TAC
59
59
2023 ITAC
394
394
TAC is allocated to the B season
(§ 679.20(a)(5)(iii)(B)(3)). Tables 4 and 5
list these 2022 and 2023 amounts.
Section 679.20(a)(5)(iii)(B)(6) sets
harvest limits for pollock in the A
season (January 20 to June 10) in Areas
543, 542, and 541. In Area 543, the A
season pollock harvest limit is no more
than 5 percent of the AI pollock ABC.
In Area 542, the A season pollock
harvest limit is no more than 15 percent
of the AI pollock ABC. In Area 541, the
A season pollock harvest limit is no
more than 30 percent of the AI pollock
ABC.
Section 679.20(a)(5)(i)(A)(4) also
includes several specific requirements
regarding BS pollock allocations. First,
it requires that 8.5 percent of the
pollock allocated to the CP sector be
available for harvest by AFA catcher
vessels (CVs) with CP sector
endorsements, unless the Regional
Administrator receives a cooperative
contract that allows for the distribution
of harvest among AFA CPs and AFA
CVs in a manner agreed to by all
members. Second, AFA CPs not listed in
the AFA are limited to harvesting not
2023 reserve
amount
335
335
2023 final TAC
59
59
394
394
more than 0.5 percent of the pollock
allocated to the CP sector. Tables 4 and
5 list the 2022 and 2023 allocations of
pollock TAC. Table 20 lists the AFA CP
prohibited species sideboard limits, and
Tables 21 and 22 list the AFA CV
groundfish and prohibited species
sideboard limits. The tables for the
pollock allocations to the BS inshore
pollock cooperatives and open access
sector will be posted on the Alaska
Region website at https://www.fisheries.
noaa.gov/alaska/sustainable-fisheries/
alaska-groundfish-fisheriesmanagement.
Tables 4 and 5 also list seasonal
apportionments of pollock and harvest
limits within the Steller Sea Lion
Conservation Area (SCA). The harvest of
pollock within the SCA, as defined at
§ 679.22(a)(7)(vii), is limited to no more
than 28 percent of the annual pollock
DFA before 12:00 noon, April 1, as
provided in § 679.20(a)(5)(i)(C). The A
season pollock SCA harvest limit will be
apportioned to each sector in proportion
to each sector’s allocated percentage of
the DFA.
TABLE 4—FINAL 2022 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
DIRECTED FISHING ALLOWANCES (DFA) 1
[Amounts are in metric tons]
2022
Allocations
lotter on DSK11XQN23PROD with RULES1
Area and sector
Bering Sea subarea TAC 1 ..............................................................................
CDQ DFA .........................................................................................................
ICA 1 .................................................................................................................
Total Bering Sea non-CDQ DFA .....................................................................
AFA Inshore .....................................................................................................
AFA Catcher/Processors 3 ...............................................................................
Catch by CPs ...........................................................................................
Catch by CVs 3 .........................................................................................
Unlisted CP Limit 4 ....................................................................................
AFA Motherships .............................................................................................
Excessive Harvesting Limit 5 ............................................................................
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1,111,000
111,100
49,500
950,400
475,200
380,160
347,846
32,314
1,901
95,040
166,320
2022
A season 1
A season
DFA
n/a
49,995
n/a
427,680
213,840
171,072
156,531
14,541
855
42,768
n/a
E:\FR\FM\02MRR1.SGM
02MRR1
2022 B
season 1
SCA harvest
limit 2
n/a
31,108
n/a
266,112
133,056
106,445
n/a
n/a
n/a
26,611
n/a
B season
DFA
n/a
61,105
n/a
522,720
261,360
209,088
191,316
17,772
1,045
52,272
n/a
Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Rules and Regulations
11633
TABLE 4—FINAL 2022 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
DIRECTED FISHING ALLOWANCES (DFA) 1—Continued
[Amounts are in metric tons]
2022
Allocations
Area and sector
Excessive Processing Limit 6 ...........................................................................
Aleutian Islands subarea ABC .........................................................................
Aleutian Islands subarea TAC 1 .......................................................................
CDQ DFA .........................................................................................................
ICA ...................................................................................................................
Aleut Corporation .............................................................................................
Area harvest limit 7 ...........................................................................................
541 ............................................................................................................
542 ............................................................................................................
543 ............................................................................................................
Bogoslof District ICA 8 ......................................................................................
285,120
50,752
19,000
1,900
2,500
14,600
n/a
15,226
7,613
2,538
250
2022 B
season 1
2022
A season 1
A season
DFA
SCA harvest
limit 2
n/a
n/a
n/a
1,900
1,250
14,600
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
B season
DFA
n/a
n/a
n/a
........................
1,250
........................
n/a
n/a
n/a
n/a
n/a
1 Pursuant to § 679.20(a)(5)(i)(A), the Bering Sea subarea pollock TAC, after subtracting the CDQ DFA (10 percent) and the ICA (4.95 percent), is allocated as a DFA as follows: Inshore sector—50 percent, catcher/processor sector (CP)—40 percent, and mothership sector—10 percent. In the Bering Sea subarea, 45 percent of the DFA is allocated to the A season (January 20–June 10) and 55 percent of the DFA is allocated to the B season (June 10–November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2)(i) through (iii), the Aleutian Islands subarea pollock TAC, after
subtracting first for the CDQ DFA (10 percent) and second for the ICA (2,500 mt), is allocated to the Aleut Corporation for a pollock directed fishery. In the Aleutian Islands subarea, the A season is allocated up to 40 percent of the Aleutian Islands pollock ABC.
2 In the Bering Sea subarea, pursuant to § 679.20(a)(5)(i)(C), no more than 28 percent of each sector’s annual DFA may be taken from the
SCA before noon, April 1.
3 Pursuant to § 679.20(a)(5)(i)(A)(4), 8.5 percent of the DFA allocated to listed CPs shall be available for harvest only by eligible catcher vessels with a CP endorsement delivering to listed CPs, unless there is a CP sector cooperative for the year.
4 Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/
processor sector’s allocation of pollock.
5 Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ
pollock DFAs.
6 Pursuant to § 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ
pollock DFAs.
7 Pursuant to § 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in Area 541 of no more than 30 percent, in
Area 542 of no more than 15 percent, and in Area 543 of no more than 5 percent of the Aleutian Islands pollock ABC.
8 Pursuant to § 679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The amounts specified are for incidental catch
only and are not apportioned by season or sector.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
TABLE 5—FINAL 2023 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
DIRECTED FISHING ALLOWANCES (DFA) 1
[Amounts are in metric tons]
2023
Allocations
lotter on DSK11XQN23PROD with RULES1
Area and sector
Bering Sea subarea TAC 1 ..............................................................................
CDQ DFA .........................................................................................................
ICA 1 .................................................................................................................
Total Bering Sea non-CDQ DFA .....................................................................
AFA Inshore .....................................................................................................
AFA Catcher/Processors 3 ...............................................................................
Catch by CPs ...........................................................................................
Catch by CVs 3 .........................................................................................
Unlisted CP Limit 4 ....................................................................................
AFA Motherships .............................................................................................
Excessive Harvesting Limit 5 ............................................................................
Excessive Processing Limit 6 ...........................................................................
Aleutian Islands subarea ABC .........................................................................
Aleutian Islands subarea TAC 1 .......................................................................
CDQ DFA .........................................................................................................
ICA ...................................................................................................................
Aleut Corporation .............................................................................................
Area harvest limit 7 ...........................................................................................
541 ............................................................................................................
542 ............................................................................................................
543 ............................................................................................................
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1,289,000
128,900
49,500
1,110,600
555,300
444,240
406,480
37,760
2,221
111,060
194,355
333,180
50,825
19,000
1,900
2,500
14,600
n/a
15,248
7,624
2,541
2023
A season 1
A season
DFA
n/a
58,005
n/a
499,770
249,885
199,908
182,916
16,992
1,000
49,977
n/a
n/a
n/a
n/a
1,900
1,250
14,600
n/a
n/a
n/a
n/a
E:\FR\FM\02MRR1.SGM
02MRR1
2023 B
season 1
SCA harvest
limit 2
n/a
36,092
n/a
310,968
155,484
124,387
n/a
n/a
n/a
31,097
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
B season
DFA
n/a
70,895
n/a
610,830
305,415
244,332
223,564
20,768
1,222
61,083
n/a
n/a
n/a
n/a
........................
1,250
........................
n/a
n/a
n/a
n/a
11634
Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Rules and Regulations
TABLE 5—FINAL 2023 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
DIRECTED FISHING ALLOWANCES (DFA) 1—Continued
[Amounts are in metric tons]
2023
Allocations
Area and sector
Bogoslof District ICA 8 ......................................................................................
2023 B
season 1
2023
A season 1
A season
DFA
250
B season
DFA
SCA harvest
limit 2
n/a
n/a
n/a
1 Pursuant
to § 679.20(a)(5)(i)(A), the Bering Sea subarea pollock TAC, after subtracting the CDQ DFA (10 percent) and the ICA (4.27 percent), is allocated as a DFA as follows: Inshore sector—50 percent, catcher/processor sector (CP)—40 percent, and mothership sector—10 percent. In the Bering Sea subarea, 45 percent of the DFA is allocated to the A season (January 20–June 10) and 55 percent of the DFA is allocated to the B season (June 10–November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2)(i) through (iii), the Aleutian Islands subarea pollock TAC, after
subtracting first for the CDQ DFA (10 percent) and second for the ICA (2,500 mt), is allocated to the Aleut Corporation for a pollock directed fishery. In the Aleutian Islands subarea, the A season is allocated up to 40 percent of the Aleutian Islands pollock ABC.
2 In the Bering Sea subarea, pursuant to § 679.20(a)(5)(i)(C), no more than 28 percent of each sector’s annual DFA may be taken from the
SCA before noon, April 1.
3 Pursuant to § 679.20(a)(5)(i)(A)(4), 8.5 percent of the DFA allocated to listed CPs shall be available for harvest only by eligible catcher vessels with a CP endorsement delivering to listed CPs, unless there is a CP sector cooperative for the year.
4 Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/
processor sector’s allocation of pollock.
5 Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ
pollock DFAs.
6 Pursuant to § 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ
pollock DFAs.
7 Pursuant to § 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in Area 541 of no more than 30 percent, in
Area 542 of no more than 15 percent, and in Area 543 of no more than 5 percent of the Aleutian Islands pollock ABC.
8 Pursuant to § 679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The amounts specified are for incidental catch
only and are not apportioned by season or sector.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Allocation of the Atka Mackerel TACs
Section 679.20(a)(8) allocates the Atka
mackerel TACs to the Amendment 80
and BSAI trawl limited access sectors,
after subtracting the CDQ reserves, ICAs
for the BSAI trawl limited access sector
and non-trawl gear sector, and the jig
gear allocation (Tables 6 and 7). The
percentage of the ITAC for Atka
mackerel allocated to the Amendment
80 and BSAI trawl limited access sectors
is listed in Table 33 to 50 CFR part 679
and in § 679.91. Pursuant to
§ 679.20(a)(8)(i), up to 2 percent of the
EAI and the BS Atka mackerel TAC may
be allocated to vessels using jig gear.
The percent of this allocation is
recommended annually by the Council
based on several criteria, including,
among other criteria, the anticipated
harvest capacity of the jig gear fleet. The
Council recommended, and NMFS
approves, a 0.5 percent allocation of the
Atka mackerel ITAC in the EAI and BS
to the jig gear sector in 2022 and 2023.
Section 679.20(a)(8)(ii)(A) apportions
the Atka mackerel TAC into two equal
seasonal allowances. Section
679.23(e)(3) sets the first seasonal
allowance for directed fishing with
trawl gear from January 20 through June
10 (A season), and the second seasonal
allowance from June 10 through
December 31 (B season). Section
679.23(e)(4)(iii) applies Atka mackerel
seasons to CDQ Atka mackerel trawl
fishing. The ICAs and jig gear
allocations are not apportioned by
season.
Sections 679.20(a)(8)(ii)(C)(1)(i) and
(ii) limits Atka mackerel catch within
waters 0 nmi to 20 nmi of Steller sea
lion sites listed in Table 6 to 50 CFR
part 679 and located west of 178° W
longitude to no more than 60 percent of
the annual TACs in Areas 542 and 543,
and equally divides the annual TACs
between the A and B seasons as defined
at § 679.23(e)(3). Section
679.20(a)(8)(ii)(C)(2) requires that the
annual TAC in Area 543 will be no more
than 65 percent of the ABC in Area 543.
Section 679.20(a)(8)(ii)(D) requires that
any unharvested Atka mackerel A
season allowance that is added to the B
season be prohibited from being
harvested within waters 0 nmi to 20 nmi
of Steller sea lion sites listed in Table
6 to 50 CFR part 679 and located in
Areas 541, 542, and 543.
Tables 6 and 7 list these 2022 and
2023 Atka mackerel seasonal and area
allowances, and the sector allocations.
One Amendment 80 cooperative has
formed for the 2022 fishing year.
Because all Amendment 80 vessels are
part of the sole Amendment 80
cooperative, no allocation to the
Amendment 80 limited access sector is
required for 2022. The 2023 allocations
for Atka mackerel between Amendment
80 cooperatives and the Amendment 80
limited access sector will not be known
until eligible participants apply for
participation in the program by
November 1, 2022.
TABLE 6—FINAL 2022 SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, CDQ RESERVE, INCIDENTAL CATCH
ALLOWANCE, AND AMENDMENT 80 ALLOCATIONS OF THE BSAI ATKA MACKEREL TAC
[Amounts are in metric tons]
lotter on DSK11XQN23PROD with RULES1
2022 allocation by area
Sector 1
Season 2 3 4
TAC ........................................................
CDQ reserve ..........................................
n/a .........................................................
Total ......................................................
A ............................................................
Critical Habitat .......................................
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Eastern Aleutian
District/Bering Sea
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District 5
27,260
2,917
1,458
n/a
E:\FR\FM\02MRR1.SGM
16,880
1,806
903
542
02MRR1
Western Aleutian
District
22,341
2,390
1,195
717
Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Rules and Regulations
11635
TABLE 6—FINAL 2022 SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, CDQ RESERVE, INCIDENTAL CATCH
ALLOWANCE, AND AMENDMENT 80 ALLOCATIONS OF THE BSAI ATKA MACKEREL TAC—Continued
[Amounts are in metric tons]
2022 allocation by area
Sector 1
Season 2 3 4
Non-CDQ TAC .......................................
ICA .........................................................
Jig 6 ........................................................
BSAI trawl limited access ......................
Amendment 80 sector ............................
Eastern Aleutian
District/Bering Sea
B ............................................................
Critical Habitat .......................................
n/a .........................................................
Total ......................................................
Total ......................................................
Total ......................................................
A ............................................................
Critical Habitat .......................................
B ............................................................
Critical Habitat .......................................
Total ......................................................
A ............................................................
Critical Habitat .......................................
B ............................................................
Critical Habitat .......................................
1,458
n/a
24,343
800
118
2,343
1,171
n/a
1,171
n/a
21,083
10,541
n/a
10,541
n/a
Central Aleutian
District 5
Western Aleutian
District
903
542
15,074
75
..............................
1,500
750
450
750
450
13,499
6,749
4,050
6,749
4,050
1,195
717
19,951
20
..............................
..............................
..............................
..............................
..............................
..............................
19,931
9,965
5,979
9,965
5,979
1 Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and jig gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50 CFR part 679 and § 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see §§ 679.20(b)(1)(ii)(C) and 679.31).
2 Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery.
3 The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
4 Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from January 20 to June 10 and the B
season from June 10 to December 31.
5Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to be caught inside of Steller sea
lion critical habitat; section 679.20(a)(8)(ii)(C)(1)(ii) equally divides the annual TACs between the A and B seasons as defined at § 679.23(e)(3);
and section 679.20(a)(8)(ii)(C)(2) requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
6 Sections 679.2 and 679.20(a)(8)(i) require that up to 2 percent of the Eastern Aleutian Islands District and the Bering Sea subarea TAC be
allocated to jig gear after subtracting the CDQ reserve and the ICA. NMFS sets the amount of this allocation for 2022 at 0.5 percent. The jig
gear allocation is not apportioned by season.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
TABLE 7—FINAL 2023 SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, CDQ RESERVE, INCIDENTAL CATCH
ALLOWANCE, AND AMENDMENT 80 ALLOCATION OF THE BSAI ATKA MACKEREL TAC
[Amounts are in metric tons]
2023 allocation by area
Sector 1
Season 2 3 4
TAC ........................................................
CDQ reserve ..........................................
n/a .........................................................
Total ......................................................
A ............................................................
Critical Habitat .......................................
B ............................................................
Critical Habitat .......................................
n/a .........................................................
Total ......................................................
Total ......................................................
Total ......................................................
A ............................................................
Critical Habitat .......................................
B ............................................................
Critical Habitat .......................................
Total ......................................................
A ............................................................
Critical Habitat .......................................
B ............................................................
Critical Habitat .......................................
non-CDQ TAC ........................................
ICA .........................................................
Jig 7 ........................................................
BSAI trawl limited access ......................
lotter on DSK11XQN23PROD with RULES1
Amendment 80 sectors 7 ........................
Eastern Aleutian
District/Bering
Sea 5
25,000
2,675
1,338
n/a
1,338
n/a
22,325
800
108
2,142
1,071
n/a
1,071
n/a
19,276
9,638
n/a
9,638
n/a
Central Aleutian
District 5
Western Aleutian
District 5
15,470
1,655
828
497
828
497
13,815
75
..............................
1,374
687
412
687
412
12,366
6,183
3,710
6,183
3,710
20,488
2,192
1,096
658
1,096
658
18,296
20
..............................
..............................
..............................
..............................
..............................
..............................
18,276
9,138
5,483
9,138
5,483
1 Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and jig gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50 CFR part 679 and § 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see §§ 679.20(b)(1)(ii)(C) and 679.31).
2 Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery.
3 The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
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Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Rules and Regulations
4 Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from January 20 to June 10 and the B
season from June 10 to December 31.
5 Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to be caught inside of Steller sea
lion critical habitat; section 679.20(a)(8)(ii)(C)(1)(ii) equally divides the annual TACs between the A and B seasons as defined at § 679.23(e)(3);
and section 679.20(a)(8)(ii)(C)(2) requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
6 Sections 679.2 and 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian Islands District and the Bering Sea subarea TAC be
allocated to jig gear after subtracting the CDQ reserve and the ICA. NMFS sets the amount of this allocation for 2023 at 0.5 percent. The jig
gear allocation is not apportioned by season.
7 The 2023 allocations for Atka mackerel between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known
until eligible participants apply for participation in the program by November 1, 2022.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Allocation of the Pacific Cod TAC
The Council separated BSAI subarea
OFLs, ABCs, and TACs for Pacific cod
in 2014 (79 FR 12108, March 4, 2014).
Section 679.20(b)(1)(ii)(C) allocates 10.7
percent of the BS TAC and the AI TAC
to the CDQ program. After CDQ
allocations have been deducted from the
respective BS and AI Pacific cod TACs,
the remaining BSAI Pacific cod TACs
are combined for calculating further
BSAI Pacific cod sector allocations. If
the non-CDQ Pacific cod TAC is or will
be reached in either the BS or the AI
subareas, NMFS will prohibit non-CDQ
directed fishing for Pacific cod in that
subarea as provided in
§ 679.20(d)(1)(iii).
Sections 679.20(a)(7)(i) and (ii)
allocate to the non-CDQ sectors the
Pacific cod TAC in the combined BSAI,
after subtracting 10.7 percent for the
CDQ program, as follows: 1.4 percent to
vessels using jig gear; 2.0 percent to
hook-and-line or pot CVs less than 60 ft
(18.3 m) length overall (LOA); 0.2
percent to hook-and-line CVs greater
than or equal to 60 ft (18.3 m) LOA; 48.7
percent to hook-and-line CPs; 8.4
percent to pot CVs greater than or equal
to 60 ft (18.3 m) LOA; 1.5 percent to pot
CPs; 2.3 percent to AFA trawl CPs; 13.4
percent to Amendment 80 sector; and
22.1 percent to trawl CVs. The ICA for
the hook-and-line and pot sectors will
be deducted from the aggregate portion
of Pacific cod TAC allocated to the
hook-and-line and pot sectors. For 2022
and 2023, the Regional Administrator
establishes an ICA of 400 mt based on
anticipated incidental catch by these
sectors in other fisheries.
The ITAC allocation of Pacific cod to
the Amendment 80 sector is established
in Table 33 to 50 CFR part 679 and
§ 679.91. One Amendment 80
cooperative has formed for the 2022
fishing year. Because all Amendment 80
vessels are part of the sole Amendment
80 cooperative, no allocation to the
Amendment 80 limited access sector is
required for 2022. The 2023 allocations
for Pacific cod between Amendment 80
cooperatives and the Amendment 80
limited access sector will not be known
until eligible participants apply for
participation in the program by
November 1, 2022.
The sector allocations of Pacific cod
are apportioned into seasonal
allowances to disperse the Pacific cod
fisheries over the fishing year (see
§§ 679.20(a)(7)(i)(B), 679.20(a)(7)(iv)(A),
and 679.23(e)(5)). In accordance with
§ 679.20(a)(7)(iv)(B) and (C), any unused
portion of a Pacific cod seasonal
allowance for any sector, except the jig
sector, will become available at the
beginning of that sector’s next seasonal
allowance.
Section 679.20(a)(7)(vii) requires that
the Regional Administrator establish an
Area 543 Pacific cod harvest limit based
on Pacific cod abundance in Area 543
as determined by the annual stock
assessment process. Based on the 2021
stock assessment, the Regional
Administrator determined for 2022 and
2023 the estimated amount of Pacific
cod abundance in Area 543 is 15.7
percent of the total AI abundance. To
calculate the Area 543 Pacific cod
harvest limit, NMFS first subtracts the
State GHL Pacific cod amount from the
AI Pacific cod ABC. Then NMFS
determines the harvest limit in Area 543
by multiplying the percentage of Pacific
cod estimated in Area 543 (15.7 percent)
by the remaining ABC for AI Pacific
cod. Based on these calculations, the
Area 543 harvest limit is 2,166 mt for
2022 and 2023.
On March 21, 2019, the final rule
adopting Amendment 113 to the FMP
(81 FR 84434, November 23, 2016) was
vacated by the U.S. District Court for the
District of Columbia (Groundfish Forum
v. Ross, No. 16–2495 (D.D.C. March 21,
2019)), and the corresponding
regulations implementing Amendment
113 are no longer in effect. Therefore,
this final rule is not specifying amounts
for the AI Pacific Cod Catcher Vessel
Harvest Set-Aside Program (see
§ 679.20(a)(7)(viii)).
Table 8 and Table 9 list the CDQ and
non-CDQ seasonal allowances by gear,
as well as the non-CDQ sector
allocations, based on the final 2022 and
2023 Pacific cod TACs.
TABLE 8—FINAL 2022 SECTOR ALLOCATIONS AND SEASONAL ALLOWANCES OF THE BSAI PACIFIC COD TAC
[Amounts are in metric tons]
lotter on DSK11XQN23PROD with RULES1
Sector
Percent
2022 share of
total
2022 share of
sector total
BS TAC .............................................
BS CDQ ............................................
BS non-CDQ TAC .............................
AI TAC ..............................................
AI CDQ ..............................................
AI non-CDQ TAC ..............................
Western Aleutian Island Limit ...........
Total BSAI non-CDQ TAC 1 ..............
Total hook-and-line/pot gear .............
Hook-and-line/pot ICA 2 ....................
Hook-and-line/pot sub-total ...............
Hook-and-line catcher/processor ......
n/a
n/a
n/a
n/a
n/a
n/a
n/a
100
60.8
n/a
n/a
48.7
136,466
14,602
121,864
13,796
1,476
12,320
2,166
134,184
81,584
400
81,184
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
65,027
Hook-and-line catcher vessel ≥60 ft
LOA.
0.2
n/a
267
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Frm 00056
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2022 seasonal apportionment
Season
n/a
see
n/a
n/a
see
n/a
n/a
n/a
n/a
see
n/a
Jan
Jun
Jan
Jun
....................................................
§ 679.20(a)(7)(i)(B) ....................
....................................................
....................................................
§ 679.20(a)(7)(i)(B) ....................
....................................................
....................................................
....................................................
....................................................
§ 679.20(a)(7)(ii)(B) ...................
....................................................
1–Jun 10 ...................................
10–Dec 31 .................................
1–Jun 10 ...................................
10–Dec 31 .................................
E:\FR\FM\02MRR1.SGM
02MRR1
Amount
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
33,164
31,863
136
131
11637
Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Rules and Regulations
TABLE 8—FINAL 2022 SECTOR ALLOCATIONS AND SEASONAL ALLOWANCES OF THE BSAI PACIFIC COD TAC—Continued
[Amounts are in metric tons]
Sector
Percent
2022 share of
total
2022 share of
sector total
Pot catcher/processor .......................
1.5
n/a
2,003
Pot catcher vessel ≥60 ft LOA ..........
8.4
n/a
11,216
Catcher vessel <60 ft LOA using
hook-and-line or pot gear.
Trawl catcher vessel .........................
2.0
n/a
2,671
22.1
29,655
n/a
AFA trawl catcher/processor .............
2.3
3,086
n/a
Amendment 80 ..................................
13.4
17,981
n/a
Jig ......................................................
1.4
1,879
n/a
2022 seasonal apportionment
Season
Amount
Jan 1–Jun 10 ...................................
Sept 1–Dec 31 .................................
Jan 1–Jun 10 ...................................
Sept 1–Dec 31 .................................
n/a ....................................................
1,021
981
5,720
5,496
n/a
Jan 20–Apr 1 ....................................
Apr 1–Jun 10 ....................................
Jun 10–Nov 1 ...................................
Jan 20–Apr 1 ....................................
Apr 1–Jun 10 ....................................
Jun 10–Nov 1 ...................................
Jan 20–Apr 1 ....................................
Apr 1–Jun 10 ....................................
Jun 10–Dec 31 .................................
Jan 1–Apr 30 ....................................
Apr 30–Aug 31 .................................
Aug 31–Dec 31 ................................
21,944
3,262
4,448
2,315
772
........................
13,485
4,495
........................
1,127
376
376
1 The sector allocations and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and AI Pacific cod TACs, after the
subtraction of the reserves for the CDQ program. If the TAC for Pacific cod in either the AI or BS is or will be reached, then directed fishing for
non-CDQ Pacific cod in that subarea will be prohibited, even if a BSAI allowance remains (§ 679.20(d)(1)(iii)).
2 The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC allocated to the hook-and-line
and pot sectors. The Regional Administrator approves an ICA of 400 mt for 2022 based on anticipated incidental catch by these sectors in other
fisheries.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
TABLE 9—FINAL 2023 SECTOR ALLOCATIONS AND SEASONAL ALLOWANCES OF THE BSAI PACIFIC COD TAC
[Amounts are in metric tons]
lotter on DSK11XQN23PROD with RULES1
Sector
2023 share
total
Percent
2023 share of
sector total
BS TAC .............................................
BS CDQ ............................................
BS non-CDQ TAC .............................
AI TAC ..............................................
AI CDQ ..............................................
AI non-CDQ TAC ..............................
Western Aleutian Island Limit ...........
Total BSAI non-CDQ TAC 1 ..............
Total hook-and-line/pot gear .............
Hook-and-line/pot ICA 2 ....................
Hook-and-line/pot sub-total ...............
Hook-and-line catcher/processor ......
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
60.8
n/a
n/a
48.7
133,459
14,280
119,179
13,796
1,476
12,320
2,166
131,499
79,951
400
79,551
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
63,719
Hook-and-line catcher vessel ≥60 ft
LOA.
Pot catcher/processor .......................
0.2
n/a
262
1.5
n/a
1,963
Pot catcher vessel ≥60 ft LOA ..........
8.4
n/a
10,991
Catcher vessel <60 ft LOA using
hook-and-line or pot gear.
Trawl catcher vessel .........................
2.0
n/a
2,617
22.1
29,061
n/a
AFA trawl catcher/processor .............
2.3
3,024
n/a
Amendment 80 ..................................
13.4
17,621
n/a
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PO 00000
Frm 00057
Fmt 4700
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2023 seasonal apportionment
Season
Amount
n/a ....................................................
see § 679.20(a)(7)(i)(B) ....................
n/a ....................................................
n/a ....................................................
see § 679.20(a)(7)(i)(B) ....................
n/a ....................................................
n/a ....................................................
n/a ....................................................
n/a ....................................................
see § 679.20(a)(7)(ii)(B) ...................
n/a ....................................................
Jan 1–Jun 10 ...................................
Jun 10–Dec 31 .................................
Jan 1–Jun 10 ...................................
Jun 10–Dec 31 .................................
Jan 1–Jun 10 ...................................
Sept 1–Dec 31 .................................
Jan 1–Jun 10 ...................................
Sept 1–Dec 31 .................................
n/a ....................................................
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
32,497
31,223
133
128
1,001
962
5,605
5,385
n/a
Jan 20–Apr 1 ....................................
Apr 1–Jun 10 ....................................
Jun 10–Nov 1 ...................................
Jan 20–Apr 1 ....................................
Apr 1–Jun 10 ....................................
Jun 10–Nov 1 ...................................
Jan 20–Apr 1 ....................................
Apr 1–Jun 10 ....................................
Jun 10–Dec 31 .................................
21,505
3,197
4,359
2,268
756
........................
13,216
4,405
........................
E:\FR\FM\02MRR1.SGM
02MRR1
11638
Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Rules and Regulations
TABLE 9—FINAL 2023 SECTOR ALLOCATIONS AND SEASONAL ALLOWANCES OF THE BSAI PACIFIC COD TAC—Continued
[Amounts are in metric tons]
Sector
2023 share
total
Percent
Jig ......................................................
1.4
2023 seasonal apportionment
2023 share of
sector total
1,841
Season
n/a
Amount
Jan 1–Apr 30 ....................................
Apr 30–Aug 31 .................................
Aug 31–Dec 31 ................................
1,105
368
368
1 The sector allocations and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and AI Pacific cod TACs, after the
subtraction of the reserves for the CDQ program. If the TAC for Pacific cod in either the AI or BS is or will be reached, then directed fishing for
non-CDQ Pacific cod in that subarea will be prohibited, even if a BSAI allowance remains (§ 679.20(d)(1)(iii)).
2 The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC allocated to the hook-and-line
and pot sectors. The Regional Administrator approves an ICA of 400 mt for 2023 based on anticipated incidental catch by these sectors in other
fisheries.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Sablefish Gear Allocation
Sections 679.20(a)(4)(iii) and (iv)
require allocation of the sablefish TAC
for the BS and AI subareas between the
trawl gear and hook-and-line or pot gear
sectors. Gear allocations of the sablefish
TAC for the BS are 50 percent for trawl
gear and 50 percent for hook-and-line or
pot gear. Gear allocations of the TAC for
the AI are 25 percent for trawl gear and
75 percent for hook-and-line or pot gear.
Section 679.20(b)(1)(ii)(B) requires that
NMFS apportions 20 percent of the
hook-and-line or pot gear allocation of
sablefish TAC to the CDQ reserve for
each subarea. Also,
§ 679.20(b)(1)(ii)(D)(1) requires that in
the BS and AI 7.5 percent of the trawl
gear allocation of sablefish TAC from
the non-specified reserve, established
under § 679.20(b)(1)(i), be assigned to
the CDQ reserve.
The Council recommended that only
trawl sablefish TAC be established
biennially. The harvest specifications
for the hook-and-line gear or pot gear
sablefish Individual Fishing Quota (IFQ)
fisheries are limited to the 2022 fishing
year to ensure those fisheries are
conducted concurrently with the halibut
IFQ fishery. Concurrent sablefish and
halibut IFQ fisheries reduce the
potential for discards of halibut and
sablefish in those fisheries. The
sablefish IFQ fisheries remain closed at
the beginning of each fishing year until
the final harvest specifications for the
sablefish IFQ fisheries are in effect.
Table 10 lists the 2022 and 2023 gear
allocations of the sablefish TAC and
CDQ reserve amounts.
TABLE 10—FINAL 2022 AND 2023 GEAR SHARES AND CDQ RESERVE OF BSAI SABLEFISH TACS
[Amounts are in metric tons]
Subarea and gear
Percent of
TAC
Bering Sea:
Trawl 1 ...................
Hook-and-line/pot
gear 2 .................
2022 Share of
TAC
2022 CDQ
reserve
2022 ITAC
2023 Share of
TAC
2023 ITAC
2023 CDQ
reserve
50
2,632
2,237
197
3,265
2,775
245
50
2,632
2,106
526
n/a
n/a
n/a
Total ...............
Aleutian Islands:
Trawl 1 ...................
Hook-and-line/pot
gear 2 .................
100
5,264
4,343
724
3,265
2,775
245
25
1,616
1,373
121
1,947
1,655
146
75
4,847
3,878
969
n/a
n/a
n/a
Total ...............
100
6,463
5,251
1,091
1,947
1,655
146
1 For
the sablefish TAC allocated to vessels using trawl gear, 15 percent of TAC is apportioned to the non-specified reserve (§ 679.20(b)(1)(i)).
The ITAC for vessels using trawl gear is the remainder of the TAC after subtracting this reserve. In the BS and AI, 7.5 percent of the trawl gear
allocation of the TAC is assigned from the non-specified reserve to the CDQ reserve (§ 679.20(b)(1)(ii)(D)(1)).
2 For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the allocated TAC for the BS and AI
is reserved for use by CDQ participants (§ 679.20(b)(1)(ii)(B)). The ITAC for vessels using hook-and-line or pot gear is the remainder of the TAC
after subtracting the CDQ reserve for each subarea. The Council recommended that specifications for the hook-and-line or pot gear sablefish
IFQ fisheries be limited to one year.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
lotter on DSK11XQN23PROD with RULES1
Allocation of the AI Pacific Ocean
Perch, and BSAI Flathead Sole, Rock
Sole, and Yellowfin Sole TACs
Sections 679.20(a)(10)(i) and (ii)
require that NMFS allocate AI Pacific
ocean perch, and BSAI flathead sole,
rock sole, and yellowfin sole ITACs
between the Amendment 80 sector and
the BSAI trawl limited access sector,
after subtracting 10.7 percent for the
VerDate Sep<11>2014
16:19 Mar 01, 2022
Jkt 256001
CDQ reserves and ICAs for the BSAI
trawl limited access sector and vessels
using non-trawl gear. The allocations of
the ITACs for AI Pacific ocean perch,
and BSAI flathead sole, rock sole, and
yellowfin sole to the Amendment 80
sector are established in accordance
with Tables 33 and 34 to 50 CFR part
679 and § 679.91.
One Amendment 80 cooperative has
formed for the 2022 fishing year.
PO 00000
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Because all Amendment 80 vessels are
part of the sole Amendment 80
cooperative, no allocation to the
Amendment 80 limited access sector is
required for 2022. The 2023 allocations
for Amendment 80 species between
Amendment 80 cooperatives and the
Amendment 80 limited access sector
will not be known until eligible
participants apply for participation in
E:\FR\FM\02MRR1.SGM
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Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Rules and Regulations
the program by November 1, 2022.
Tables 11 and 12 list the 2022 and 2023
allocations of the AI Pacific ocean
11639
perch, and BSAI flathead sole, rock sole,
and yellowfin sole TACs.
TABLE 11—FINAL 2022 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND
AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK
SOLE, AND YELLOWFIN SOLE TACS
[Amounts are in metric tons]
Pacific ocean perch
Sector
Eastern
Aleutian
District
TAC ......................................................................
CDQ .....................................................................
ICA .......................................................................
BSAI trawl limited access ....................................
Amendment 80 .....................................................
Central
Aleutian
District
8,083
865
100
712
6,406
Flathead sole
Rock sole
Yellowfin sole
BSAI
BSAI
BSAI
35,500
3,799
3,000
..........................
28,702
66,000
7,062
6,000
....................
52,938
Western
Aleutian
District
5,950
637
60
525
4,728
11,000
1,177
10
196
9,617
250,000
26,750
4,000
52,642
166,608
Note: Sector apportionments may not total precisely due to rounding.
TABLE 12—FINAL 2023 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND
AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK
SOLE, AND YELLOWFIN SOLE TACS
[Amounts are in metric tons]
Pacific ocean perch
Sector
Eastern
Aleutian
District
TAC ......................................................................
CDQ .....................................................................
ICA .......................................................................
BSAI trawl limited access ....................................
Amendment 80 1 ..................................................
Central
Aleutian
District
7,774
832
100
684
6,158
Flathead sole
Rock sole
Yellowfin sole
BSAI
BSAI
BSAI
25,500
2,729
3,000
..........................
19,772
55,000
5,885
6,000
....................
43,115
Western
Aleutian
District
5,722
612
60
505
4,545
10,500
1,124
10
187
9,179
230,000
24,610
4,000
45,498
155,892
1 The 2023 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not
be known until eligible participants apply for participation in the program by November 1, 2022.
Note: Sector apportionments may not total precisely due to rounding.
Section 679.2 defines the ABC surplus
for flathead sole, rock sole, and
yellowfin sole as the difference between
the annual ABC and TAC for each
species. Section 679.20(b)(1)(iii)
establishes ABC reserves for flathead
sole, rock sole, and yellowfin sole. The
ABC surpluses and the ABC reserves are
necessary to mitigate the operational
variability, environmental conditions,
and economic factors that may constrain
the CDQ groups and the Amendment 80
cooperatives from fully harvesting their
allocations and to improve the
likelihood of achieving and
maintaining, on a continuing basis, the
optimum yield in the BSAI groundfish
fisheries. NMFS, after consultation with
the Council, may set the ABC reserve at
or below the ABC surplus for each
species, thus maintaining the TAC
below ABC limits. An amount equal to
10.7 percent of the ABC reserves will be
allocated as CDQ ABC reserves for
flathead sole, rock sole, and yellowfin
sole. Section 679.31(b)(4) establishes the
annual allocations of CDQ ABC reserves
among the CDQ groups. The
Amendment 80 ABC reserves are the
ABC reserves minus the CDQ ABC
reserves. Section 679.91(i)(2) establishes
each Amendment 80 cooperative ABC
reserve to be the ratio of each
cooperatives’ quota share units and the
total Amendment 80 quota share units,
multiplied by the Amendment 80 ABC
reserve for each respective species.
Table 13 lists the 2022 and 2023 ABC
surplus and ABC reserves for BSAI
flathead sole, rock sole, and yellowfin
sole.
TABLE 13—FINAL 2022 AND 2023 ABC SURPLUS, ABC RESERVES, COMMUNITY DEVELOPMENT QUOTA (CDQ) ABC
RESERVES, AND AMENDMENT 80 ABC RESERVES IN THE BSAI FOR FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE
[Amounts are in metric tons]
2022
Flathead sole
lotter on DSK11XQN23PROD with RULES1
Sector
ABC ..........................................................
TAC ..........................................................
ABC surplus .............................................
ABC reserve .............................................
CDQ ABC reserve ...................................
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Jkt 256001
64,288
35,500
28,788
28,788
3,080
PO 00000
Frm 00059
2022
Rock sole
2022
Yellowfin sole
206,896
66,000
140,896
140,896
15,076
Fmt 4700
Sfmt 4700
354,014
250,000
104,014
104,014
11,129
2023 1
Flathead sole
65,988
25,500
40,488
40,488
4,332
E:\FR\FM\02MRR1.SGM
02MRR1
2023 1
Rock sole
271,199
55,000
216,199
216,199
23,133
2023 1
Yellowfin sole
358,675
230,000
128,675
128,675
13,768
11640
Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Rules and Regulations
TABLE 13—FINAL 2022 AND 2023 ABC SURPLUS, ABC RESERVES, COMMUNITY DEVELOPMENT QUOTA (CDQ) ABC RESERVES, AND AMENDMENT 80 ABC RESERVES IN THE BSAI FOR FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN
SOLE—Continued
[Amounts are in metric tons]
2022
Flathead sole
Sector
Amendment 80 ABC reserve ...................
25,708
2022
Rock sole
2022
Yellowfin sole
125,820
92,885
2023 1
Flathead sole
36,156
2023 1
Rock sole
193,066
2023 1
Yellowfin sole
114,907
1 The
2023 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not
be known until eligible participants apply for participation in the program by November 1, 2022.
lotter on DSK11XQN23PROD with RULES1
PSC Limits for Halibut, Salmon, Crab,
and Herring
Section 679.21, at paragraphs (b), (e),
(f), and (g), sets forth the BSAI PSC
limits. Pursuant to § 679.21(b)(1), the
annual BSAI halibut PSC limits total
3,515 mt. Section 679.21(b)(1) allocates
315 mt of the halibut PSC limit as the
PSQ reserve for use by the groundfish
CDQ program, 1,745 mt of the halibut
PSC limit for the Amendment 80 sector,
745 mt of the halibut PSC limit for the
BSAI trawl limited access sector, and
710 mt of the halibut PSC limit for the
BSAI non-trawl sector.
Section 679.21, at (b)(1)(iii)(A) and
(B), authorizes apportionment of the
BSAI non-trawl halibut PSC limit into
PSC allowances among six fishery
categories in Table 17, and § 679.21, at
(b)(1)(ii)(A) and (B), (e)(3)(i)(B), and
(e)(3)(iv), requires apportionment of the
trawl PSC limits in Tables 15 and 16
into PSC allowances among seven
fishery categories.
Pursuant to Section 3.6 of the FMP,
the Council recommends, and NMFS
agrees, that certain specified non-trawl
fisheries be exempt from the halibut
PSC limit. As in past years, after
consultation with the Council, NMFS
exempts the pot gear fishery, the jig gear
fishery, and the sablefish IFQ hook-andline gear fishery categories from halibut
bycatch restrictions for the following
reasons: (1) The pot gear fisheries have
low halibut bycatch mortality; (2) NMFS
estimates halibut mortality for the jig
gear fleet to be negligible because of the
small size of the fishery and the
selectivity of the gear; and (3) the
sablefish and halibut IFQ fisheries have
low halibut bycatch mortality because
the IFQ program requires that legal-size
halibut be retained by vessels using
fixed gear if a halibut IFQ permit holder
or a hired master is aboard and is
holding unused halibut IFQ for that
vessel category and the IFQ regulatory
area in which the vessel is operating
(§ 679.7(f)(11)).
The 2021 total groundfish catch for
the pot gear fishery in the BSAI was
35,409 mt, with an associated halibut
bycatch mortality of 7 mt. The 2021 jig
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16:19 Mar 01, 2022
Jkt 256001
gear fishery harvested about 20 mt of
groundfish. Most vessels in the jig gear
fleet are exempt from observer coverage
requirements. As a result, observer data
are not available on halibut bycatch in
the jig gear fishery. As mentioned above,
NMFS estimates a negligible amount of
halibut bycatch mortality because of the
selective nature of jig gear and the low
mortality rate of halibut caught with jig
gear and released.
Under § 679.21(f)(2), NMFS annually
allocates portions of either 33,318,
45,000, 47,591, or 60,000 Chinook
salmon PSC limits among the AFA
sectors, depending on past bycatch
performance, on whether Chinook
salmon bycatch incentive plan
agreements (IPAs) are formed and
approved by NMFS, and on whether
NMFS determines it is a low Chinook
salmon abundance year. NMFS will
determine that it is a low Chinook
salmon abundance year when
abundance of Chinook salmon in
western Alaska is less than or equal to
250,000 Chinook salmon. The State of
Alaska provides to NMFS an estimate of
Chinook salmon abundance using the 3System Index for western Alaska based
on the Kuskokwim, Unalakleet, and
Upper Yukon aggregate stock grouping.
If an AFA sector participates in an
approved IPA and has not exceeded its
performance standard under
§ 679.21(f)(6), and if it is not a low
Chinook salmon abundance year, then
NMFS will allocate a portion of the
60,000 Chinook salmon PSC limit to
that sector as specified in
§ 679.21(f)(3)(iii)(A). If no IPA is
approved, or if the sector has exceeded
its performance standard under
§ 679.21(f)(6), and if it is not a low
abundance year, then NMFS will
allocate a portion of the 47,591 Chinook
salmon PSC limit to that sector as
specified in § 679.21(f)(3)(iii)(C). If an
AFA sector participates in an approved
IPA and has not exceeded its
performance standard under
§ 679.21(f)(6), in a low abundance year,
then NMFS will allocate a portion of the
45,000 Chinook salmon PSC limit to
that sector as specified in
PO 00000
Frm 00060
Fmt 4700
Sfmt 4700
§ 679.21(f)(3)(iii)(B). If no IPA is
approved, or if the sector has exceeded
its performance standard under
§ 679.21(f)(6), and if in a low abundance
year, then NMFS will allocate a portion
of the 33,318 Chinook salmon PSC limit
to that sector as specified in
§ 679.21(f)(3)(iii)(D).
NMFS has determined that 2021 was
a low Chinook salmon abundance year,
based on the State’s estimate that
Chinook salmon abundance in western
Alaska is less than 250,000 Chinook
salmon. Therefore, in 2022, the Chinook
salmon PSC limit is 45,000 Chinook
salmon, allocated to each sector as
specified in § 679.21(f)(3)(iii)(B). The
AFA sector Chinook salmon PSC limits
are also seasonally apportioned with 70
percent for the A season pollock fishery,
and 30 percent for the B season pollock
fishery (§§ 679.21(f)(3)(i) and
679.23(e)(2)). In 2022, the Chinook
salmon bycatch performance standard
under § 679.21(f)(6) is 33,318 Chinook
salmon, allocated to each sector as
specified in § 679.21(f)(3)(iii)(D).
NMFS publishes the approved IPAs,
allocations, and reports at https://
alaskafisheries.noaa.gov/sustainable
fisheries/bycatch/default.htm.
Section 679.21(g)(2)(i) specifies 700
fish as the 2022 and 2023 Chinook
salmon PSC limit for the AI pollock
fishery. Section 679.21(g)(2)(ii) allocates
7.5 percent, or 53 Chinook salmon, as
the AI PSQ reserve for the CDQ
program, and allocates the remaining
647 Chinook salmon to the non-CDQ
fisheries.
Section 679.21(f)(14)(i) specifies
42,000 fish as the 2022 and 2023 nonChinook salmon PSC limit for vessels
using trawl gear from August 15 through
October 14 in the Catcher Vessel
Operational Area (CVOA). Section
679.21(f)(14)(ii) allocates 10.7 percent,
or 4,494 non-Chinook salmon, in the
CVOA as the PSQ reserve for the CDQ
program, and allocates the remaining
37,506 non-Chinook salmon in the
CVOA to the non-CDQ fisheries.
PSC limits for crab and herring are
specified annually based on abundance
and spawning biomass. Section
679.21(e)(3)(i)(A)(1) allocates 10.7
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percent from each trawl gear PSC limit
specified for crab as a PSQ reserve for
use by the groundfish CDQ program.
Based on the most recent (2021)
survey data, the red king crab mature
female abundance is estimated at 6.432
million red king crabs, and the effective
spawning biomass is estimated at 25.120
million lbs (9,463 mt). Based on the
criteria set out at § 679.21(e)(1)(i), the
2022 and 2023 PSC limit of red king
crab in Zone 1 for trawl gear is 32,000
animals. This limit derives from the
mature female abundance estimate
below 8.4 million mature red king crab.
Section 679.21(e)(3)(ii)(B)(2)
establishes criteria under which NMFS
must specify an annual red king crab
bycatch limit for the Red King Crab
Savings Subarea (RKCSS) if the State
has established a GHL fishery for red
king crab in the Bristol Bay area in the
previous year. The State’s Department of
Fish and Game (ADF&G) and NMFS
have reviewed the final 2021 NMFS
trawl survey data for the Bristol Bay red
king crab stock. The stock is estimated
to be below the regulatory threshold for
opening a fishery. Therefore, the State
did not establish a GHL for the Bristol
Bay red king crab fishery, and the
fishery will remain closed for the 2021/
2022 crab season. For this reason, NMFS
closed directed fishing for vessels using
non-pelagic trawl gear in the RKCSS for
2022 (87 FR 2558, January 18, 2022).
And, NMFS and the Council will not
specify an amount of the red king crab
bycatch limit, annually established
under § 679.21(e)(1)(i), for the RKCSS.
NMFS and the Council will assess the
RKCSS closure for 2023 based on
whether the State’s ADF&G establishes
a GHL for the 2022/2023 red king crab
fishery in the Bristol Bay area.
Based on the most recent (2021)
survey data, Tanner crab (Chionoecetes
bairdi) abundance is estimated at 385
million animals. Pursuant to criteria set
out at § 679.21(e)(1)(ii), the calculated
2022 and 2023 C. bairdi crab PSC limit
for trawl gear is 830,000 animals in
Zone 1, and 2,520,000 animals in Zone
2. The limit in Zone 1 is based on the
abundance of C. bairdi estimated at 385
million animals, which is greater than
270 million animals but less than 400
million animals. The limit in Zone 2 is
based on the abundance of C. bairdi
estimated at 385 million animals, which
is greater than 290 million animals but
less than 400 million animals.
Pursuant to § 679.21(e)(1)(iii), the PSC
limit for trawl gear for snow crab
(Chionoecetes opilio) is based on total
abundance as indicated by the NMFS
annual bottom trawl survey. The C.
opilio crab PSC limit in the C. opilio
bycatch limitation zone (COBLZ) is set
at 0.1133 percent of the BS abundance
index minus 150,000 crabs, unless the
minimum or maximum PSC limit
applies. Based on the most recent (2021)
survey estimate of 1.42 billion animals,
the calculated C. opilio crab PSC limit
is 1,608,860 animals. Because 0.1133
percent multiplied by the total
abundance is less than 4.5 million, the
minimum PSC limit applies and the
PSC limit will be 4.350 million animals.
Pursuant to § 679.21(e)(1)(v), the PSC
limit of Pacific herring caught while
conducting any trawl operation for BSAI
groundfish is 1 percent of the annual
eastern BS herring biomass. The best
estimate of 2022 and 2023 herring
biomass is 381,876 mt. This amount was
developed by the Alaska Department of
Fish and Game based on biomass for
spawning aggregations. Therefore, the
herring PSC limit for 2022 and 2023 is
3,819 mt for all trawl gear as listed in
Tables 14 and 15.
Section 679.21(e)(3)(i)(A) requires that
PSQ reserves be subtracted from the
total trawl gear crab PSC limits. The
crab and halibut PSC limits apportioned
to the Amendment 80 and BSAI trawl
limited access sectors are listed in Table
35 to 50 CFR part 679. The resulting
2022 and 2023 allocations of PSC limit
to CDQ PSQ reserves, the Amendment
80 sector, and the BSAI trawl limited
access sector are listed in Table 14.
Pursuant to §§ 679.21(b)(1)(i),
679.21(e)(3)(vi), and 679.91(d) through
(f), crab and halibut trawl PSC limits
assigned to the Amendment 80 sector
11641
are then further allocated to
Amendment 80 cooperatives as
cooperative quota. Crab and halibut PSC
cooperative quota assigned to
Amendment 80 cooperatives is not
allocated to specific fishery categories.
In 2022, there are no vessels in the
Amendment 80 limited access sector
and there is one Amendment 80
cooperative. The 2023 PSC allocations
between Amendment 80 cooperatives
and the Amendment 80 limited access
sector will not be known until eligible
participants apply for participation in
the program by November 1, 2022.
Section 679.21(e)(3)(i)(B) requires that
NMFS, after consultation with the
Council, apportion each trawl PSC limit
for crab and herring not assigned to
CDQ PSQ reserves or Amendment 80
cooperatives into PSC bycatch
allowances for seven specified fishery
categories in § 679.21(e)(3)(iv).
Sections 679.21(b)(2) and (e)(5)
authorize NMFS, after consulting with
the Council, to establish seasonal
apportionments of halibut and crab PSC
amounts for the BSAI trawl limited
access and non-trawl sectors in order to
maximize the ability of the fleet to
harvest the available groundfish TAC
and to minimize bycatch. The factors to
be considered are (1) seasonal
distribution of prohibited species, (2)
seasonal distribution of target
groundfish species relative to prohibited
species distribution, (3) PSC bycatch
needs on a seasonal basis relevant to
prohibited species biomass and
expected catches of target groundfish
species, (4) expected variations in
bycatch rates throughout the year, (5)
expected changes in directed groundfish
fishing seasons, (6) expected start of
fishing effort, and (7) economic effects
of establishing seasonal prohibited
species apportionments on segments of
the target groundfish industry. Based on
this criteria, the Council recommended
and NMFS approves the seasonal PSC
apportionments in Tables 16 and 17 to
maximize harvest among gear types,
fisheries, and seasons while minimizing
bycatch of PSC.
TABLE 14—FINAL 2022 AND 2023 APPORTIONMENT OF PROHIBITED SPECIES CATCH ALLOWANCES TO NON-TRAWL GEAR,
THE CDQ PROGRAM, AMENDMENT 80, AND THE BSAI TRAWL LIMITED ACCESS SECTORS
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PSC species and area and zone 1
Halibut mortality (mt) BSAI ......................
Herring (mt) BSAI ....................................
Red king crab (animals) Zone 1 ..............
C. opilio (animals) COBLZ .......................
C. bairdi crab (animals) Zone 1 ...............
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Total PSC
Non-trawl
PSC
3,515
3,819
32,000
4,350,000
830,000
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n/a
n/a
n/a
n/a
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CDQ PSQ
reserve 2
315
n/a
3,424
465,450
88,810
Sfmt 4700
Trawl PSC
remaining
after CDQ
PSQ
Amendment
80 sector 3
n/a
n/a
28,576
3,884,550
741,190
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1,745
n/a
14,282
1,909,256
312,115
02MRR1
BSAI trawl
limited
access
sector
745
n/a
8,739
1,248,494
348,285
BSAI PSC
limits not
allocated 3
....................
....................
5,555
726,799
80,790
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TABLE 14—FINAL 2022 AND 2023 APPORTIONMENT OF PROHIBITED SPECIES CATCH ALLOWANCES TO NON-TRAWL GEAR,
THE CDQ PROGRAM, AMENDMENT 80, AND THE BSAI TRAWL LIMITED ACCESS SECTORS—Continued
PSC species and area and zone 1
Non-trawl
PSC
Total PSC
C. bairdi crab (animals) Zone 2 ...............
I
2,520,000
I
n/a
Trawl PSC
remaining
after CDQ
PSQ
CDQ PSQ
reserve 2
I
269,640
I
BSAI trawl
limited
access
sector
Amendment
80 sector 3
2,250,360
I
532,660
I
1,053,394
BSAI PSC
limits not
allocated 3
I
664,306
1 Refer
to § 679.2 for definitions of areas and zones.
PSQ reserve for crab species is 10.7 percent of each crab PSC limit.
3 The Amendment 80 program reduced apportionment of the trawl PSC limits for crab below the total PSC limit. These reductions are not apportioned to other gear types or sectors.
2 The
TABLE 15—FINAL 2022 AND 2023 HERRING AND RED KING CRAB SAVINGS SUBAREA PROHIBITED SPECIES CATCH
ALLOWANCES FOR ALL TRAWL SECTORS
Fishery categories
Red king crab
(animals) zone 1
Herring (mt) BSAI
Yellowfin sole ...................................................................................................................................
Rock sole/flathead sole/Alaska plaice/other flatfish 1 ......................................................................
Greenland turbot/arrowtooth flounder/Kamchatka flounder/sablefish .............................................
Rockfish ...........................................................................................................................................
Pacific cod .......................................................................................................................................
Midwater trawl pollock .....................................................................................................................
Pollock/Atka mackerel/other species 2 3 ..........................................................................................
2022 Red king crab savings subarea non-pelagic trawl gear 4 ......................................................
2023 Red king crab savings subarea non-pelagic trawl gear 5 ......................................................
222
110
11
11
20
3,400
45
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
....................................
8,000
Total trawl PSC ........................................................................................................................
3,819
32,000
1 ‘‘Other flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder,
flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
2 Pollock other than midwater trawl pollock, Atka mackerel, and ‘‘other species’’ fishery category.
3 ‘‘Other species’’ for PSC monitoring includes skates, sharks, and octopuses.
4 Section 679.21(e)(3)(ii)(B) establishes criteria under which an annual red king crab bycatch limit must be specified for the Red King Crab
Savings Subarea (RKCSS) if the State has established a GHL fishery for red king crab in the Bristol Bay area in the previous year. Based on the
final 2021 NMFS trawl survey data for the Bristol Bay red king crab stock, the State of Alaska closed the Bristol Bay red king crab fishery for the
2021/2022 crab season. NMFS and the Council will not specify the red king crab bycatch limit for the RKCSS in 2022, and pursuant to
§ 679.21(e)(3)(ii)(B)(1) directed fishing for groundfish is prohibited for vessels using non-pelagic trawl gear in the RKCSS for 2022.
5 If the Bristol Bay red king crab fishery remains closed in the 2022/2023 crab season, the RKCSS specification will be zero. If the Bristol Bay
red king crab fishery is open in the 2022/2023 crab season, NMFS, after consultation with the Council, will specify an annual red king crab bycatch limit for the RKCSS, which is limited by regulation to up to 25 percent of the red king crab PSC allowance (§ 679.21(e)(3)(ii)(B)(2)).
Note: Species allowances may not total precisely due to rounding.
TABLE 16—FINAL 2022 AND 2023 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL LIMITED ACCESS
SECTOR
Prohibited species and area and zone 1
BSAI trawl limited access fisheries
Halibut
mortality (mt)
BSAI
Red king crab
(animals)
zone 1
C. opilio
(animals)
COBLZ
Zone 1
Zone 2
Yellowfin sole .................................................................................
Rock sole/flathead sole/Alaska plaice/other flatfish 2 ....................
Greenland turbot/arrowtooth flounder/Kamchatka flounder/sablefish ..............................................................................................
Rockfish April 15–December 31 ....................................................
Pacific cod ......................................................................................
Pollock/Atka mackerel/other species 3 ...........................................
265
........................
7,700
..........................
1,192,179
....................
293,234
....................
1,005,879
....................
........................
5
300
175
..........................
..........................
975
65
....................
1,006
50,281
5,028
....................
....................
50,816
4,235
....................
849
42,424
4,243
Total BSAI trawl limited access PSC .....................................
745
8,739
1,248,494
348,285
1,053,394
1 Refer
to § 679.2 for definitions of areas and zones.
flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder,
flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
3 ‘‘Other species’’ for PSC monitoring includes skates, sharks, and octopuses.
Note: Seasonal or sector allowances may not total precisely due to rounding.
2 ‘‘Other
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C. bairdi (animals)
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TABLE 17—FINAL 2022 AND 2023 HALIBUT PROHIBITED SPECIES BYCATCH ALLOWANCES FOR NON-TRAWL
FISHERIESHALIBUT MORTALITY (MT) BSAI
Catcher/
processor
Catcher
vessel
Non-trawl fisheries
Seasons
All non-trawl
Pacific cod .......................................................
Non-Pacific cod non-trawl—Total ...................
Groundfish pot and jig ....................................
Sablefish hook-and-line ..................................
Total Pacific cod .............................................
January 1–June 10 .................................
June 10–August 15 .................................
August 15–December 31 ........................
May 1–December 31 ..............................
n/a ..................................................................
n/a ..................................................................
648
388
162
98
n/a
n/a
n/a
13
9
2
2
n/a
n/a
n/a
661
n/a
n/a
n/a
49
Exempt
Exempt
Total for all non-trawl PSC ......................
n/a ..................................................................
n/a
n/a
710
Note: Seasonal or sector allowances may not total precisely due to rounding.
Estimates of Halibut Biomass and Stock
Condition
The International Pacific Halibut
Commission (IPHC) annually assesses
the abundance and potential yield of the
Pacific halibut stock using all available
data from the commercial and sport
fisheries, other removals, and scientific
surveys. Additional information on the
Pacific halibut stock assessment may be
found in the IPHC’s 2021 Pacific halibut
stock assessment (December 2021),
available on the IPHC website at
www.iphc.int. The IPHC considered the
2021 Pacific halibut stock assessment at
its January 2022 annual meeting when
it set the 2022 commercial halibut
fishery catch limits.
Halibut Discard Mortality Rates
To monitor halibut bycatch mortality
allowances and apportionments, the
Regional Administrator uses observed
halibut incidental catch rates, halibut
discard mortality rates (DMRs), and
estimates of groundfish catch to project
when a fishery’s halibut bycatch
mortality allowance or seasonal
apportionment is reached. Halibut
incidental catch rates are based on
observers’ estimates of halibut
incidental catch in the groundfish
fishery. DMRs are estimates of the
proportion of incidentally caught
halibut that do not survive after being
returned to the sea. The cumulative
halibut mortality that accrues to a
particular halibut PSC limit is the
product of a DMR multiplied by the
estimated halibut PSC. DMRs are
estimated using the best scientific
information available in conjunction
with the annual BSAI stock assessment
process. The DMR methodology and
findings are included as an appendix to
the annual BSAI groundfish SAFE
report.
In 2016, the DMR estimation
methodology underwent revisions per
the Council’s directive. An interagency
halibut working group (IPHC, Council,
and NMFS staff) developed improved
estimation methods that have
undergone review by the Plan Team,
SSC, and the Council. A summary of the
revised methodology is included in the
BSAI proposed 2017 and 2018 harvest
specifications (81 FR 87863, December
6, 2016), and the comprehensive
discussion of the working group’s
statistical methodology is available from
the Council (see ADDRESSES). The DMR
working group’s revised methodology is
intended to improve estimation
accuracy, transparency, and
transferability used for calculating
DMRs. The working group will continue
to consider improvements to the
methodology used to calculate halibut
mortality, including potential changes
to the reference period (the period of
data used for calculating the DMRs).
Future DMRs may change based on
additional years of observer sampling,
which could provide more recent and
accurate data and which could improve
the accuracy of estimation and progress
on methodology. The methodology will
continue to ensure that NMFS is using
DMRs that more accurately reflect
halibut mortality, which will inform the
different sectors of their estimated
halibut mortality and allow specific
sectors to respond with methods that
could reduce mortality and, eventually,
the DMR for that sector.
At the December 2021 meeting, the
SSC, AP, and the Council concurred
with the revised DMR estimation
methodology, and NMFS adopts for
2022 and 2023 the DMRs calculated
under the revised methodology, which
uses an updated 2-year reference period.
The final 2022 and 2023 DMRs in this
rule are unchanged from the DMRs in
the proposed 2022 and 2023 harvest
specifications (86 FR 68608, December
3, 2021). Table 18 lists these final 2022
and 2023 DMRs.
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TABLE 18—2022 AND 2023 PACIFIC HALIBUT DISCARD MORTALITY RATES (DMR) FOR THE BSAI
Halibut discard
mortality rate
(percent)
Gear
Sector
Pelagic trawl ............................................................................
Non-pelagic trawl .....................................................................
Non-pelagic trawl .....................................................................
Hook-and-line ...........................................................................
Hook-and-line ...........................................................................
Pot ............................................................................................
All .............................................................................................
Mothership and catcher/processor ..........................................
Catcher vessel .........................................................................
Catcher/processor ...................................................................
Catcher vessel .........................................................................
All .............................................................................................
Directed Fishing Closures
In accordance with § 679.20(d)(1)(i),
the Regional Administrator may
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establish a DFA for a species or species
group if the Regional Administrator
determines that any allocation or
apportionment of a target species has
PO 00000
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Sfmt 4700
100
84
62
10
10
33
been or will be reached. If the Regional
Administrator establishes a DFA, and
that allowance is or will be reached
before the end of the fishing year, NMFS
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will prohibit directed fishing for that
species or species group in the specified
subarea, regulatory area, or district (see
§ 679.20(d)(1)(iii)). Similarly, pursuant
to § 679.21(b)(4) and (e)(7), if the
Regional Administrator determines that
a fishery category’s bycatch allowance
of halibut, red king crab, C. bairdi crab,
or C. opilio crab for a specified area has
been reached, the Regional
Administrator will prohibit directed
fishing for each species or species group
in that fishery category in the area
specified by regulation for the
remainder of the season or fishing year.
Based on historic catch patterns and
anticipated fishing activity, the Regional
Administrator has determined that the
groundfish allocation amounts in Table
19 will be necessary as incidental catch
to support other anticipated groundfish
fisheries for the 2022 and 2023 fishing
years. Consequently, in accordance with
§ 679.20(d)(1)(i), the Regional
Administrator establishes the DFA for
the species and species groups in Table
19 as zero mt. Therefore, in accordance
with § 679.20(d)(1)(iii), NMFS is
prohibiting directed fishing for these
sectors and species or species groups in
the specified areas effective at 1200
hours, A.l.t., March 2, 2022, through
2400 hours, A.l.t., December 31, 2023.
Also, for the BSAI trawl limited access
sector, bycatch allowances of halibut,
red king crab, C. bairdi crab, and C.
opilio crab listed in Table 19 are
insufficient to support directed
fisheries. Therefore, in accordance with
§§ 679.21(b)(4)(i) and (e)(7), NMFS is
prohibiting directed fishing for these
sectors, species, and fishery categories
in the specified areas effective at 1200
hours, A.l.t., March 2, 2022, through
2400 hours, A.l.t., December 31, 2023.
TABLE 19—2022 AND 2023 DIRECTED FISHING CLOSURES 1
[Groundfish and halibut amounts are in metric tons. Crab amounts are in number of animals.]
2022
Incidental
catch
allowance
2023
Incidental
catch
allowance
Area
Sector
Species
Bogoslof District ................................
Aleutian Islands subarea ...................
Aleutian Islands subarea ...................
All ......................................................
All ......................................................
All ......................................................
...........................................................
Trawl non-CDQ .................................
Non-amendment 80, CDQ, and
BSAI trawl limited access.
All ......................................................
Non-amendment 80, CDQ, and
BSAI trawl limited access.
Non-amendment 80, CDQ, and
BSAI trawl limited access.
Non-amendment 80, CDQ and BSAI
trawl limited access.
All ......................................................
Pollock ..............................................
Greenland Turbot .............................
ICA pollock .......................................
‘‘Other rockfish’’ 2 ..............................
Sablefish ...........................................
ICA Atka mackerel ............................
250
877
2,500
394
1,373
800
250
764
2,500
394
1,655
800
Blackspotted/Rougheye rockfish ......
ICA Pacific ocean perch ...................
277
100
284
100
ICA Atka mackerel ............................
ICA Pacific ocean perch ...................
ICA Atka mackerel ............................
ICA Pacific ocean perch ...................
Blackspotted/Rougheye rockfish ......
75
60
20
10
150
75
60
20
10
156
Trawl non-CDQ .................................
All ......................................................
Sablefish ...........................................
Pacific ocean perch ..........................
‘‘Other rockfish’’2 ...............................
ICA pollock .......................................
Shortraker rockfish ...........................
Skates ...............................................
Sharks ...............................................
Octopuses .........................................
ICA Pacific cod .................................
ICA flathead sole ..............................
ICA rock sole ....................................
ICA yellowfin sole .............................
2,237
8,799
638
49,500
460
25,500
425
595
400
3,000
6,000
4,000
2,775
8,463
781
49,500
460
25,500
425
595
400
3,000
6,000
4,000
Rock sole/flathead sole/other flatfish—halibut mortality, red king
crab Zone 1, C. opilio COBLZ, C.
bairdi Zone 1 and 2.
Turbot/arrowtooth/Kamchatka/sablefish—halibut mortality, red king
crab Zone 1, C. opilio COBLZ, C.
bairdi Zone 1 and 2.
Rockfish—red king crab Zone 1 .......
....................
....................
....................
....................
....................
....................
Aleutian Islands subarea ...................
Eastern Aleutian District/Bering Sea
Eastern Aleutian District/Bering Sea
Eastern Aleutian District ....................
Central Aleutian District ....................
Western Aleutian District ...................
Western and Central Aleutian Districts.
Bering Sea subarea ..........................
Bering Sea subarea ..........................
Bering Sea and Aleutian Islands ......
All ......................................................
Hook-and-line and pot gear ..............
Non-amendment 80 and CDQ .........
Non-amendment 80, CDQ, and
BSAI trawl limited access.
BSAI trawl limited access .................
1 Maximum
retainable amounts may be found in Table 11 to 50 CFR part 679.
rockfish’’ includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean perch, northern rockfish,
blackspotted/rougheye rockfish, and shortraker rockfish.
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2 ‘‘Other
Closures implemented under the final
2021 and 2022 BSAI harvest
specifications for groundfish (86 FR
11449, February 25, 2021) remain
effective under authority of these final
2022 and 2023 harvest specifications
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and until the date specified in those
closure notices. Closures are posted at
the following website under the Alaska
filter for Management Area: https://
www.fisheries.noaa.gov/rules-andannouncements/bulletins. While these
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closures are in effect, the maximum
retainable amounts at § 679.20(e) and (f)
apply at any time during a fishing trip.
These closures to directed fishing are in
addition to closures and prohibitions
found at 50 CFR part 679.
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Listed AFA Catcher/Processor
Sideboard Limits
Pursuant to § 679.64(a), the Regional
Administrator is responsible for
restricting the ability of listed AFA CPs
to engage in directed fishing for
groundfish species other than pollock to
protect participants in other groundfish
fisheries from adverse effects resulting
from the AFA fishery and from fishery
cooperatives in the directed pollock
fishery. These restrictions are set out as
sideboard limits on catch. On February
8, 2019, NMFS published a final rule
(84 FR 2723) that implemented
regulations to prohibit non-exempt AFA
CPs from directed fishing for groundfish
species or species groups subject to
sideboard limits (see
§ 679.20(d)(1)(iv)(D) and Table 54 to 50
CFR part 679). Section 679.64(a)(1)(v)
exempts AFA CPs from a yellowfin sole
sideboard limit because the final 2022
and 2023 aggregate ITAC of yellowfin
sole assigned to the Amendment 80
sector and BSAI trawl limited access
sector is greater than 125,000 mt.
Section 679.64(a)(2) and Tables 40
and 41 to 50 CFR part 679 establish a
formula for calculating PSC sideboard
limits for halibut and crab caught by
listed AFA CPs. The basis for these
sideboard limits is described in detail in
the final rules implementing the major
provisions of the AFA (67 FR 79692,
December 30, 2002) and Amendment 80
(72 FR 52668, September 14, 2007). PSC
11645
species listed in Table 20 that are caught
by listed AFA CPs participating in any
groundfish fishery other than pollock
will accrue against the final 2022 and
2023 PSC sideboard limits for the listed
AFA CPs. Section 679.21(b)(4)(iii),
(e)(3)(v), and (e)(7) authorizes NMFS to
close directed fishing for groundfish
other than pollock for listed AFA CPs
once a final 2022 or 2023 PSC sideboard
limit listed in Table 20 is reached.
Pursuant to § 679.21(b)(1)(ii)(C) and
(e)(3)(ii)(C), halibut or crab PSC by
listed AFA CPs while fishing for pollock
will accrue against the PSC allowances
annually specified for the pollock/Atka
mackerel/‘‘other species’’ fishery
categories, according to
§ 679.21(b)(1)(ii)(B) and (e)(3)(iv).
TABLE 20—FINAL 2022 AND 2023 BSAI AFA LISTED CATCHER/PROCESSOR PROHIBITED SPECIES SIDEBOARD LIMITS
Ratio of PSC catch to
total PSC
PSC species and area 1
Halibut mortality BSAI ..............................................................................
Red king crab Zone 1 ..............................................................................
C. opilio (COBLZ) ....................................................................................
C. bairdi Zone 1 .......................................................................................
C. bairdi Zone 2 .......................................................................................
1 Refer
2022 and 2023 PSC
available to
trawl vessels after
subtraction of PSQ 2
n/a
0.0070
0.1530
0.1400
0.0500
2022 and 2023 AFA
catcher/processor
sideboard limit 2
n/a
28,576
3,884,550
741,190
2,250,360
286
200
594,336
103,767
112,518
to § 679.2 for definitions of areas.
amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
2 Halibut
AFA Catcher Vessel Sideboard Limits
Pursuant to § 679.64(b), the Regional
Administrator is responsible for
restricting the ability of AFA CVs to
engage in directed fishing for groundfish
species other than pollock to protect
participants in other groundfish
fisheries from adverse effects resulting
from the AFA fishery and from fishery
cooperatives in the pollock directed
fishery. On February 8, 2019, NMFS
published a final rule (84 FR 2723) that
implemented regulations to prohibit
non-exempt AFA C/Vs from directed
fishing for a majority of the groundfish
species or species groups subject to
sideboard limits (see
§ 679.20(d)(1)(iv)(D) and Table 55 to 50
CFR part 679). Section 679.64(b)(6)
exempts AFA CVs from a yellowfin sole
sideboard limit because the 2022 and
2023 aggregate ITAC of yellowfin sole
assigned to the Amendment 80 sector
and BSAI trawl limited access sector is
greater than 125,000 mt. The remainder
of the sideboard limits for non-exempt
AFA C/Vs are in Table 21.
Section 679.64(b)(3) and (b)(4) and
Tables 40 and 41 to 50 CFR part 679
establish formulas for setting AFA CV
groundfish and halibut and crab PSC
sideboard limits for the BSAI. The basis
for these sideboard limits is described in
detail in the final rules implementing
the major provisions of the AFA (67 FR
79692, December 30, 2002) and
Amendment 80 (72 FR 52668,
September 14, 2007). Table 21 lists the
final 2022 and 2023 AFA CV groundfish
sideboard limits.
TABLE 21—FINAL 2022 AND 2023 BSAI PACIFIC COD SIDEBOARD LIMITS FOR AMERICAN FISHERIES ACT CATCHER
VESSELS (CVS)
[Amounts are in metric tons]
Ratio of 1997
AFA CV
catch to
1997 TAC
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Fishery by area/gear/season
BSAI .....................................................................................
Trawl gear CV ......................................................................
Jan 20–Apr 1 ................................................................
Apr 1–Jun 10 ................................................................
Jun 10–Nov 1 ...............................................................
2022
Initial TAC
n/a
n/a
0.8609
0.8609
0.8609
n/a
n/a
21,944
3,262
4,448
2022 AFA
catcher vessel
sideboard
limits
n/a
n/a
18,892
2,808
3,829
2023
Initial TAC
n/a
n/a
21,505
3,197
4,359
2023 AFA
catcher vessel
sideboard
limits
n/a
n/a
18,514
2,752
3,753
Note: Section 679.64(b)(6) exempts AFA catcher vessels from a yellowfin sole sideboard limit because the 2022 and 2023 aggregate ITAC of
yellowfin sole assigned to the Amendment 80 sector and BSAI trawl limited access sector is greater than 125,000 mt.
Halibut and crab PSC limits listed in
Table 22 that are caught by AFA CVs
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participating in any groundfish fishery
other than pollock will accrue against
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the 2022 and 2023 PSC sideboard limits
for the AFA CVs. Section 679.21, at
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(b)(4)(iii), (e)(3)(v), and (e)(7), authorizes
NMFS to close directed fishing for
groundfish other than pollock for AFA
CVs once a final 2022 and 2023 PSC
sideboard limit listed in Table 22 is
reached. Pursuant to § 679.21(b)(1)(ii)(C)
and (e)(3)(ii)(C), halibut or crab PSC by
AFA CVs while fishing for pollock will
accrue against the PSC allowances
annually specified for the pollock/Atka
mackerel/‘‘other species’’ fishery
categories under § 679.21(b)(1)(ii)(B)
and (e)(3)(iv).
TABLE 22—FINAL 2022 AND 2023 AMERICAN FISHERIES ACT CATCHER VESSEL PROHIBITED SPECIES CATCH SIDEBOARD
LIMITS FOR THE BSAI 1
AFA catcher
vessel PSC
sideboard limit
ratio
PSC species and
area 1
Target fishery category 2
Halibut .......................
Pacific cod trawl .................................................................
Pacific cod hook-and-line or pot ........................................
Yellowfin sole total .............................................................
Rock sole/flathead sole/Alaska plaice/other flatfish 4 .........
Greenland turbot/arrowtooth/Kamchatka/sablefish ............
Rockfish ..............................................................................
Pollock/Atka mackerel/other species 5 ...............................
n/a .......................................................................................
n/a .......................................................................................
n/a .......................................................................................
n/a .......................................................................................
Red king crab Zone 1
C. opilio COBLZ ........
C. bairdi Zone 1 ........
C. bairdi Zone 2 ........
2022 and 2023
PSC limit after
subtraction of
PSQ reserves 3
n/a
n/a
n/a
n/a
n/a
n/a
n/a
0.2990
0.1680
0.3300
0.1860
n/a
n/a
n/a
n/a
n/a
n/a
n/a
28,576
3,884,550
741,190
2,250,360
2022 and 2023
AFA catcher
vessel PSC
sideboard limit 3
887
2
101
228
..............................
2
5
8,544
652,604
244,593
418,567
1 Refer
to § 679.2 for definitions of areas.
trawl fishery categories are defined at § 679.21(b)(1)(ii)(B) and (e)(3)(iv).
amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
4 Other flatfish for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
5 ‘‘Other species’’ for PSC monitoring includes skates, sharks, and octopuses.
2 Target
3 Halibut
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Response to Comments
NMFS received no comments during
the public comment period for the
proposed BSAI groundfish harvest
specifications.
Classification
NMFS has determined that the final
harvest specifications are consistent
with the FMP and with the MagnusonStevens Act and other applicable laws.
This action is authorized under 50
CFR 679.20 and is exempt from review
under Executive Order 12866.
NMFS prepared an EIS for the Alaska
groundfish harvest specifications and
alternative harvest strategies (see
ADDRESSES) and made it available to the
public on January 12, 2007 (72 FR
1512). On February 13, 2007, NMFS
issued the Record of Decision (ROD) for
the Final EIS. In January 2022, NMFS
prepared a Supplementary Information
Report (SIR) for this action to provide a
subsequent assessment of the action and
to address the need to prepare a
Supplemental EIS (SEIS) (40 CFR
1501.11(b); § 1502.9(d)(1)). Copies of the
Final EIS, ROD, and annual SIRs for this
action are available from NMFS (see
ADDRESSES). The Final EIS analyzes the
environmental, social, and economic
consequences of the groundfish harvest
specifications and alternative harvest
strategies on resources in the action
area. Based on the analysis in the Final
EIS, NMFS concluded that the preferred
alternative (Alternative 2) provides the
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best balance among relevant
environmental, social, and economic
considerations and allows for continued
management of the groundfish fisheries
based on the most recent, best scientific
information. The preferred alternative is
a harvest strategy in which TACs are set
at a level within the range of ABCs
recommended by the Council’s SSC; the
sum of the TACs must achieve the OY
specified in the FMP. While the specific
numbers that the harvest strategy
produces may vary from year to year,
the methodology used for the preferred
harvest strategy remains constant.
The latest annual SIR evaluated the
need to prepare a SEIS for the 2022 and
2023 groundfish harvest specifications.
An SEIS should be prepared if (1) the
agency makes substantial changes in the
proposed action that are relevant to
environmental concerns; or (2)
significant new circumstances or
information exist relevant to
environmental concerns and bearing on
the proposed action or its impacts (40
CFR 1502.9(d)(1)). After reviewing the
information contained in the SIR and
SAFE report, the Regional
Administrator has determined that (1)
approval of the 2022 and 2023 harvest
specifications, which were set according
to the preferred harvest strategy in the
Final EIS, does not constitute a
substantial change in the action; and (2)
there are no significant new
circumstances or information relevant to
environmental concerns and bearing on
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the action or its impacts. Additionally,
the 2022 and 2023 harvest specifications
will result in environmental, social, and
economic impacts within the scope of
those analyzed and disclosed in the
Final EIS. Therefore, an SEIS is not
necessary to implement the 2022 and
2023 harvest specifications.
A final regulatory flexibility analysis
(FRFA) was prepared. Section 604 of the
Regulatory Flexibility Act (RFA) (5
U.S.C. 604) requires that, when an
agency promulgates a final rule under 5
U.S.C. 553, after being required by that
section, or any other law, to publish a
general notice of proposed rulemaking,
the agency shall prepare a FRFA. The
following constitutes the FRFA
prepared in this final action.
Section 604 of the RFA describes the
required contents of a FRFA: (1) A
statement of the need for, and objectives
of, the rule; (2) a statement of the
significant issues raised by the public
comments in response to the initial
regulatory flexibility analysis, a
statement of the assessment of the
agency of such issues, and a statement
of any changes made in the proposed
rule as a result of such comments; (3)
the response of the agency to any
comments filed by the Chief Counsel for
Advocacy of the Small Business
Administration in response to the
proposed rule, and a detailed statement
of any change made to the proposed rule
in the final rule as a result of the
comments; (4) a description of and an
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estimate of the number of small entities
to which the rule will apply or an
explanation of why no such estimate is
available; (5) a description of the
projected reporting, recordkeeping, and
other compliance requirements of the
rule, including an estimate of the classes
of small entities which will be subject
to the requirement and the type of
professional skills necessary for
preparation of the report or record; and
(6) a description of the steps the agency
has taken to minimize the significant
economic impact on small entities
consistent with the stated objectives of
applicable statutes, including a
statement of the factual, policy, and
legal reasons for selecting the alternative
adopted in the final rule and why each
one of the other significant alternatives
to the rule considered by the agency that
affect the impact on small entities was
rejected.
A description of this action, its
purpose, and its legal basis are included
at the beginning of the preamble to this
final rule and are not repeated here.
NMFS published the proposed rule on
December 3, 2021 (86 FR 68608). NMFS
prepared an Initial Regulatory
Flexibility Analysis (IRFA) to
accompany the proposed action, and
included the IRFA in the proposed rule.
The comment period closed on January
3, 2022. No comments were received on
the IRFA or on the economic impacts of
the rule more generally. The Chief
Counsel for Advocacy of the Small
Business Administration did not file
any comments on the proposed rule.
The entities directly regulated by this
action are those that harvest groundfish
in the exclusive economic zone of the
BSAI and in parallel fisheries within
State waters. These include entities
operating catcher vessels and catcher/
processors within the action area and
entities receiving direct allocations of
groundfish.
For RFA purposes only, NMFS has
established a small business size
standard for businesses, including their
affiliates, whose primary industry is
commercial fishing (see 50 CFR 200.2).
A business primarily engaged in
commercial fishing (NAICS code 11411)
is classified as a small business if it is
independently owned and operated, is
not dominant in its field of operation
(including its affiliates), and has
combined annual gross receipts not in
excess of $11 million for all its affiliated
operations worldwide.
Using the most recent data available
(2020), the estimated number of directly
regulated small entities includes
approximately 155 catcher vessels, 4
catcher/processors, and six CDQ groups.
Some of these vessels are members of
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AFA inshore pollock cooperatives, Gulf
of Alaska rockfish cooperatives, or BSAI
Crab Rationalization Program
cooperatives, and, since under the RFA
the aggregate gross receipts of all
participating members of the
cooperative must meet the ‘‘under $11
million’’ threshold, the cooperatives are
considered to be large entities within
the meaning of the RFA. Thus, the
estimate of 155 catcher vessels may be
an overstatement of the number of small
entities. Average gross revenues in 2020
were $530,000 for small hook-and-line
vessels, $1.1 million for small pot
vessels, $2.8 million for small trawl
vessels, $6.6 million for hook-and-line
CPs, and $3.1 million for pot gear CPs.
This final rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
This action implements the final 2022
and 2023 harvest specifications,
apportionments, and prohibited species
catch limits for the groundfish fishery of
the BSAI. This action is necessary to
establish harvest limits for groundfish
during the 2022 and 2023 fishing years
and is taken in accordance with the
FMP prepared by the Council pursuant
to the Magnuson-Stevens Act. The
establishment of the final harvest
specifications is governed by the
Council’s harvest strategy for the catch
of groundfish in the BSAI. The harvest
strategy was previously selected from
among five alternatives. Under this
preferred alternative harvest strategy,
TACs are set within the range of ABCs
recommended by the SSC; the sum of
the TACs must achieve the OY specified
in the FMP; and while the specific TAC
numbers that the harvest strategy
produces may vary from year to year,
the methodology used for the preferred
harvest strategy remains constant. This
final action implements the preferred
alternative harvest strategy previously
chosen by the Council to set TACs that
fall within the range of ABCs
recommended through the Council
harvest specifications process and as
recommended by the Council. This is
the method for determining TACs that
has been used in the past.
The final 2022 and 2023 TACs
associated with preferred harvest
strategy are those recommended by the
Council in December 2021. OFLs and
ABCs for each species or species group
were based on recommendations
prepared by the Council’s Plan Team,
and reviewed by the Council’s SSC. The
Council’s TAC recommendations are
consistent with the SSC’s OFL and ABC
recommendations, and the sum of all
TACs remains within the OY for the
BSAI consistent with
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11647
§ 679.20(a)(1)(i)(A). Because setting all
TACs equal to ABCs would cause the
sum of TACs to exceed an OY of 2.0
million mt, TACs for some species or
species groups are lower than the ABCs
recommended by the Plan Team and the
SSC.
The final 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 final
2022 and 2023 TACs are based on the
best available biological and
socioeconomic information. The final
2022 and 2023 OFLs, ABCs, and TACs
are consistent with the biological
condition of groundfish stocks as
described in the 2021 SAFE report,
which is the most recent, completed
SAFE report. Accounting for the most
recent biological information to set the
final OFLs, ABCs, and TACs is
consistent with the objectives for this
action, as well as National Standard 2 of
the Magnuson-Stevens Act (16 U.S.C.
1851(a)(2)) that actions shall be based
on the best scientific information
available.
Under this action, the ABCs reflect
harvest amounts that are less than the
specified overfishing levels. The TACs
are within the range of ABCs
recommended by the SSC and do not
exceed the biological limits
recommended by the SSC (the ABCs
and overfishing levels). For some
species and species groups in the BSAI,
the Council recommended, and NMFS
sets, TACs equal to ABCs, which is
intended to maximize harvest
opportunities in the BSAI. However,
NMFS cannot set TACs for all species in
the BSAI equal to their ABCs due to the
constraining OY limit of 2.0 million mt.
For this reason, some final TACs are less
than the final ABCs. These specific
reductions were reviewed and
recommended by the Council’s AP, and
then reviewed and adopted by the
Council for the final 2022 and 2023
TACs.
Based on the best available scientific
data, and in consideration of the
Council’s objectives for this action,
there are no significant alternatives that
have the potential to accomplish the
stated objectives of the MagnusonStevens Act and any other applicable
statutes and that have the potential to
minimize any significant adverse
economic impact of the final rule on
small entities. This action is
economically beneficial to entities
operating in the BSAI, including small
entities. The action specifies TACs for
commercially-valuable species in the
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BSAI and allows for the continued
prosecution of the fishery, thereby
creating the opportunity for fishery
revenue. After public process, during
which the Council solicited input from
stakeholders, the Council concluded
that these final harvest specifications
would best accomplish the stated
objectives articulated in the preamble
for this final rule and in applicable
statutes, and would minimize to the
extent practicable adverse economic
impacts on the universe of directly
regulated small entities.
Adverse impacts on marine mammals,
or endangered or threatened species,
resulting from fishing activities
conducted under this rule are discussed
in the Final EIS and its accompanying
annual SIRs (see ADDRESSES).
Pursuant to 5 U.S.C. 553(d)(3), the
Assistant Administrator for Fisheries,
NOAA, finds good cause to waive the
30-day delay in the date of effectiveness
for this rule because delaying this rule
is contrary to the public interest. The
Plan Team review of the 2021 SAFE
report occurred in November 2021, and
based on the 2021 SAFE report the
Council considered and recommended
the final harvest specifications in
December 2021. Accordingly, NMFS’s
review of the final 2022 and 2023
harvest specifications could not begin
until after the December 2021 Council
meeting, and after the public had time
to comment on the proposed action.
For all fisheries not currently closed
because the TACs established under the
final 2021 and 2022 harvest
specifications (86 FR 11449, February
25, 2021) were not reached, it is
possible that they would be closed prior
to the expiration of a 30-day delayed
effectiveness period because their TACs
could be reached within that period. If
implemented immediately, this rule
would allow these fisheries to continue
fishing because some of the new TACs
implemented by this rule are higher
than the TACs under which they are
currently fishing.
In addition, immediate effectiveness
of this action is required to provide
consistent management and
conservation of fishery resources based
on the best available scientific
information. This is particularly
pertinent for those species that have
lower 2022 ABCs and TACs than those
established in the 2021 and 2022
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harvest specifications (86 FR 11449,
February 25, 2021). If implemented
immediately, this rule would ensure
that NMFS can properly manage those
fisheries for which this rule sets lower
2022 ABCs and TACs, which are based
on the most recent biological
information on the condition of stocks,
rather than managing species under the
higher TACs set in the previous year’s
harvest specifications.
Certain fisheries, such as those for
pollock, are intensive, fast-paced
fisheries. Other fisheries, such as those
for sablefish, flatfish, rockfish, Atka
mackerel, skates, sharks, and octopuses,
are critical as directed fisheries and as
incidental catch in other fisheries. U.S.
fishing vessels have demonstrated the
capacity to catch the TAC allocations in
many of these fisheries. If the date of
effectiveness of this rule were to be
delayed 30 days and if a TAC were to
be reached during those 30 days, NMFS
would be required to close directed
fishing or prohibit retention for the
applicable species. Any delay in
allocating the final TACs in these
fisheries would cause confusion to the
industry and potential economic harm
through unnecessary discards, thus
undermining the intent of this rule.
Waiving the 30-day delay allows NMFS
to prevent economic loss to fishermen
that could otherwise occur should the
2022 TACs (set under the 2021 and 2022
harvest specifications) be reached.
Determining which fisheries may close
is nearly impossible because these
fisheries are affected by several factors
that cannot be predicted in advance,
including fishing effort, weather,
movement of fishery stocks, and market
price. Furthermore, the closure of one
fishery has a cascading effect on other
fisheries by freeing-up fishing vessels,
allowing them to move from closed
fisheries to open ones, increasing the
fishing capacity in those open fisheries,
and causing them to close at an
accelerated pace.
In fisheries subject to declining
sideboard limits, a failure to implement
the updated sideboard limits before
initial season’s end could deny the
intended economic protection to the
non-sideboard limited sectors.
Conversely, in fisheries with increasing
sideboard limits, economic benefit
could be denied to the sideboardlimited sectors.
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If these final harvest specifications are
not effective by March 6, 2022, which is
the start of the 2022 Pacific halibut
season as specified by the IPHC, the
fixed gear sablefish fishery will not
begin concurrently with the Pacific
halibut IFQ season. Delayed
effectiveness of this action would result
in confusion for sablefish harvesters and
economic harm from the unnecessary
discard of sablefish that are caught
along with Pacific halibut, as both fixed
gear sablefish and Pacific halibut are
managed under the same IFQ program.
Immediate effectiveness of these final
2022 and 2023 harvest specifications
will allow the sablefish IFQ fishery to
begin concurrently with the Pacific
halibut IFQ season.
Finally, immediate effectiveness also
would provide the fishing industry the
earliest possible opportunity to plan and
conduct its fishing operations with
respect to new information about TAC
limits. Therefore, NMFS finds good
cause to waive the 30-day delay in the
date of effectiveness under 5 U.S.C.
553(d)(3).
Small Entity Compliance Guide
This final rule is a plain language
guide to assist small entities in
complying with this final rule as
required by the Small Business
Regulatory Enforcement Fairness Act of
1996. This final rule’s primary purpose
is to announce the final 2022 and 2023
harvest specifications and prohibited
species bycatch allowances for the
groundfish fisheries of the BSAI. This
action is necessary to establish harvest
limits and associated management
measures for groundfish during the 2022
and 2023 fishing years and is taken in
accordance with the FMP prepared by
the Council pursuant to the MagnusonStevens Act. This action directly affects
all fishermen who participate in the
BSAI fisheries. The specific amounts of
OFL, ABC, TAC, and PSC amounts are
provided in tables to assist the reader.
These tables also are individually
available online at https://
www.fisheries.noaa.gov/alaska/
sustainable-fisheries/alaska-groundfishharvest-specifications. NMFS will
announce closures of directed fishing in
the Federal Register and information
bulletins released by the Alaska Region.
Affected fishermen should keep
themselves informed of such closures.
E:\FR\FM\02MRR1.SGM
02MRR1
Federal Register / Vol. 87, No. 41 / Wednesday, March 2, 2022 / Rules and Regulations
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.
11649
Dated: February 24, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
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]]>Agencies
[Federal Register Volume 87, Number 41 (Wednesday, March 2, 2022)]
[Rules and Regulations]
[Pages 11626-11649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04292]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 220223-0054]
RIN 0648-XY119
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands; Final 2022 and 2023 Harvest Specifications for
Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; harvest specifications and closures.
-----------------------------------------------------------------------
SUMMARY: NMFS announces final 2022 and 2023 harvest specifications,
apportionments, and prohibited species catch allowances for the
groundfish fishery of the Bering Sea and Aleutian Islands management
area (BSAI). This action is necessary to establish harvest limits for
groundfish during the remainder of the 2022 and the start of the 2023
fishing years and to accomplish the goals and objectives of the Fishery
Management Plan for Groundfish of the Bering Sea and Aleutian Islands
Management Area (FMP). The 2022 harvest specifications supersede those
previously set in the final 2021 and 2022 harvest specifications, and
the 2023 harvest specifications will be superseded in early 2023 when
the final 2023 and 2024 harvest specifications are published. The
intended effect of this action is to conserve and manage the groundfish
resources in the BSAI in accordance with the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act).
DATES: Harvest specifications and closures are effective from 1200
hours, Alaska local time (A.l.t.), March 2, 2022, through 2400 hours,
A.l.t., December 31, 2023.
ADDRESSES: Electronic copies of the Alaska Groundfish Harvest
Specifications Final Environmental Impact Statement (EIS), Record of
Decision (ROD), and the annual Supplementary Information Reports (SIRs)
to the Final EIS prepared for this action are available from https://www.fisheries.noaa.gov/region/alaska. The 2021 Stock Assessment and
Fishery Evaluation (SAFE) report for the groundfish resources of the
BSAI, dated November 2021, as well as the SAFE reports for previous
years, are available from the North Pacific Fishery Management Council
(Council) at 1007 West Third Ave., Suite 400, Anchorage, AK 99501,
phone 907-271-2809, or from the Council's website at https://www.npfmc.org/.
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.
SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR part 679
implement the FMP and govern the groundfish fisheries in the BSAI. The
Council prepared the FMP, and NMFS approved it, under the Magnuson-
Stevens Act. General regulations governing U.S. fisheries also appear
at 50 CFR part 600.
The FMP and its implementing regulations require NMFS, after
consultation with the Council, to specify annually the total allowable
catch (TAC) for each target species category. The sum of all TAC for
all groundfish species in the BSAI must be within the optimum yield
(OY) range of 1.4 million to 2.0 million metric tons (mt) (see Sec.
679.20(a)(1)(i)(A)). This final rule specifies the sum of the TAC at
1,871,000 mt for 2022 and 2.0 million mt for 2023. NMFS also must
specify apportionments of TAC; prohibited species catch (PSC)
allowances and prohibited species quota (PSQ) reserves established by
Sec. 679.21; seasonal allowances of pollock, Pacific cod, and Atka
mackerel TAC; American Fisheries Act allocations; Amendment 80
allocations; Community Development Quota (CDQ) reserve amounts
established by Sec. 679.20(b)(1)(ii); and acceptable biological catch
(ABC) surpluses and reserves for CDQ groups and any Amendment 80
cooperatives for flathead sole, rock sole, and yellowfin sole. The
final harvest specifications set forth in Tables 1 through 22 of this
action satisfy these requirements.
Section 679.20(c)(3)(i) further requires that NMFS consider public
comment on the proposed harvest specifications and, after consultation
with the Council, publish final harvest specifications in
[[Page 11627]]
the Federal Register. The proposed 2022 and 2023 harvest specifications
for the groundfish fishery of the BSAI were published in the Federal
Register on December 3, 2021 (86 FR 68608). Comments were invited and
accepted through January 3, 2022. As discussed in the Response to
Comments section below, NMFS received no comments during the public
comment period for the proposed BSAI groundfish harvest specifications.
NMFS consulted with the Council on the final 2022 and 2023 harvest
specifications during the December 2021 Council meeting. After
considering public comments during public meetings, as well as
biological and socioeconomic data that were available at the Council's
December meeting, NMFS implements in this final rule the final 2022 and
2023 harvest specifications as recommended by the Council.
ABC and TAC Harvest Specifications
The final ABC amounts for Alaska groundfish are based on the best
available biological information, including projected biomass trends,
information on assumed distribution of stock biomass, and revised
technical methods used to calculate stock biomass. In general, the
development of ABCs and overfishing levels (OFLs) involves
sophisticated statistical analyses of fish populations. The FMP
specifies a series of six tiers to define OFL and ABC amounts based on
the level of reliable information available to fishery scientists. Tier
1 represents the highest level of information quality available, while
Tier 6 represents the lowest.
In December 2021, the Council, its Scientific and Statistical
Committee (SSC), and its Advisory Panel (AP) reviewed current
biological and harvest information about the condition of the BSAI
groundfish stocks. The Council's BSAI Groundfish Plan Team (Plan Team)
compiled and presented this information in the 2021 SAFE report for the
BSAI groundfish fisheries, dated November 2021 (see ADDRESSES). The
SAFE report contains a review of the latest scientific analyses and
estimates of each species' biomass and other biological parameters, as
well as summaries of the available information on the BSAI ecosystem
and the economic condition of groundfish fisheries off Alaska. NMFS
notified the public of the comment period for these harvest
specifications--and of the publication of the 2021 SAFE report--in the
notice of proposed harvest specifications. From the data and analyses
in the SAFE report, the Plan Team recommended an OFL and ABC for each
species or species group at the November 2021 Plan Team meeting.
In December 2021, the SSC, AP, and Council reviewed the Plan Team's
recommendations. The final TAC recommendations were based on the ABCs,
and were adjusted for other biological and socioeconomic
considerations, including maintaining the sum of all the TACs within
the required OY range of 1.4 million to 2.0 million mt. As required by
annual catch limit rules for all fisheries (74 FR 3178, January 16,
2009), none of the Council's recommended 2022 or 2023 TACs exceed the
final 2022 or 2023 ABCs for any species or species group. NMFS finds
that the Council's recommended OFLs, ABCs, and TACs are consistent with
the preferred harvest strategy outlined in the FMP and the biological
condition of groundfish stocks as described in the 2021 SAFE report
that was approved by the Council. Therefore, this final rule provides
notice that the Secretary of Commerce approves the final 2022 and 2023
harvest specifications as recommended by the Council.
The 2022 harvest specifications set in this final action supersede
the 2022 harvest specifications previously set in the final 2021 and
2022 harvest specifications (86 FR 11449, February 25, 2021). The 2023
harvest specifications herein will be superseded in early 2023 when the
final 2023 and 2024 harvest specifications are published. Pursuant to
this final action, the 2022 harvest specifications therefore will apply
for the remainder of the current year (2022), while the 2023 harvest
specifications are projected only for the following year (2023) and
will be superseded in early 2023 by the final 2023 and 2024 harvest
specifications. Because this final action (published in early 2022)
will be superseded in early 2023 by the publication of the final 2023
and 2024 harvest specifications, it is projected that this final action
will implement the harvest specifications for the BSAI for
approximately one year.
Other Actions Affecting the 2022 and 2023 Harvest Specifications
State of Alaska Guideline Harvest Levels
For 2022 and 2023, the Board of Fisheries (BOF) for the State of
Alaska (State) established the guideline harvest level (GHL) for
vessels using pot gear in State waters in the Bering Sea subarea (BS)
equal to 11 percent of the Pacific cod ABC in the BS. The State's pot
gear BS GHL will increase one percent annually up to 15 percent of the
BS ABC, if 90 percent of the GHL is harvested by November 15 of the
preceding year. If 90 percent of the 2022 BS GHL is not harvested by
November 15, 2022, then the 2023 BS GHL will remain at the same
percentage as the 2022 BS GHL (11 percent). If 90 percent of the 2022
BS GHL is harvested by November 15, 2022, then the 2023 BS GHL will
increase by one percent and the 2023 BS TAC will be set to account for
the increased BS GHL. Also, for 2021 and 2022, the BOF established an
additional GHL for vessels using jig gear in State waters in the BS
equal to 45 mt of Pacific cod in the BS. The Council and its Plan Team,
SSC, and AP recommended that the sum of all State and Federal water
Pacific cod removals from the BS not exceed the ABC recommendations for
Pacific cod in the BS. Accordingly, the Council recommended, and NMFS
approves, that the 2022 and 2023 Pacific cod TACs in the BS account for
the State's GHLs for Pacific cod caught in State waters in the BS.
For 2022 and 2023, the BOF for the State established the GHL in
State waters in the Aleutian Islands subarea (AI) equal to 39 percent
of the AI ABC. The AI GHL will increase annually by 4 percent of the AI
ABC, if 90 percent of the GHL is harvested by November 15 of the
preceding year, but may not exceed 39 percent of the AI ABC or 15
million pounds (6,804 mt). For 2022, 39 percent of the AI ABC is 8,034
mt, which exceeds the AI GHL limit of 6,804 mt. The Council and its
Plan Team, SSC, and AP recommended that the sum of all State and
Federal water Pacific cod removals from the AI not exceed the ABC
recommendations for Pacific cod in the AI. Accordingly, the Council
recommended, and NMFS approves, that the 2022 and 2023 Pacific cod TACs
in the AI account for the State's GHL of 6,804 mt for Pacific cod
caught in State waters in the AI.
Abundance Based Management (ABM) of Amendment 80 Program Halibut PSC
Limit
At the December 2021 meeting, the Council recommended that the ABM
Program that would determine the annual Amendment 80 halibut PSC limit
be based on the most recent survey values and the PSC limit value
associated with those survey values. Under this ABM Program, the
Amendment 80 halibut PSC limit would increase and decrease according to
the survey indices of abundance, and would be responsive to changing
halibut stock conditions that affect all halibut users, while never
exceeding the current Amendment 80 PSC limit. If approved by the
Secretary of Commerce, the
[[Page 11628]]
rulemaking implementing this action would occur in either 2023 (mid-
year) or the beginning of the 2024 fishing year and supersede the
current Amendment 80 halibut PSC limits.
Changes From the Proposed 2022 and 2023 Harvest Specifications for the
BSAI
The Council's recommendations for the proposed 2022 and 2023
harvest specifications (86 FR 68608, December 3, 2021) were based
largely on information contained in the 2020 SAFE report for the BSAI
groundfish fisheries. Through the proposed harvest specifications, NMFS
notified the public that these harvest specifications could change, as
the Council would consider information contained in the 2021 SAFE
report; recommendations from the Plan Team, SSC, and AP; and public
comments when making its recommendations for final harvest
specifications at the December 2021 Council meeting. NMFS further
notified the public that, as required by the FMP and its implementing
regulations, the sum of the TACs must be within the OY range of 1.4
million and 2.0 million mt.
Information contained in the 2021 SAFE report indicates biomass
changes from the 2020 SAFE report for several groundfish species. The
2021 SAFE report was made available for public review during the public
comment period for the proposed harvest specifications. At the December
2021 Council meeting, the SSC recommended the 2022 and 2023 OFLs and
ABCs based on the best and most recent information contained in the
2021 SAFE report. The SSC's recommendation resulted in an ABC sum total
for all BSAI groundfish species in excess of 2.0 million mt for both
2022 and 2023.
Based on lower spawning biomass estimates, the Council recommends
final BS pollock TACs decrease by 289,000 mt in 2022 and 111,000 mt in
2023 compared to the proposed 2022 and 2023 BS pollock TACs. The large
reduction in pollock TAC leads to more available TAC for other
fisheries while still maintaining an overall total TAC within the
required OY range of 1.4 to 2.0 million mt. This leads to an increase
to almost all non-pollock TACs in 2022 and 2023, except for TACs for
those species restricted by biomass limitations. Specifically, there
were no other decreases in non-pollock TACs in 2022. In 2023, there
were small decreases in terms of tonnage and percentage decrease from
proposed TACs for Bering Sea (BS) Greenland turbot, Aleutian Islands
(AI) Greenland turbot, BS Pacific ocean perch, Central Aleutian Islands
(CAI) Pacific ocean perch, and Eastern Aleutian Islands (EAI) Pacific
ocean perch.
The changes to TACs between the proposed and final harvest
specifications are based on the most recent scientific and
socioeconomic information and are consistent with the FMP, regulatory
obligations, and harvest strategy as described in the proposed and
final harvest specifications, including the required OY range of 1.4
million to 2.0 million mt. These changes are compared in Table 1A.
Table 1 lists the Council's recommended final 2022 OFL, ABC, TAC,
initial TAC (ITAC), CDQ reserve allocations, and non-specified reserves
of the BSAI groundfish species or species groups; and Table 2 lists the
Council's recommended final 2023 OFL, ABC, TAC, ITAC, CDQ reserve
allocations, and non-specified reserves of the BSAI groundfish species
or species groups. NMFS concurs in these recommendations. These final
2022 and 2023 TAC amounts for the BSAI are within the OY range
established for the BSAI and do not exceed the ABC for any species or
species group. The apportionment of TAC amounts among fisheries and
seasons is discussed below.
Table 1--Final 2022 Overfishing Level (OFL), Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), CDQ Reserve Allocation,
and Nonspecified Reserves of Groundfish in the BSAI \1\
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2022
-----------------------------------------------------------------------------------------------
Species Area Nonspecified
OFL ABC TAC ITAC \2\ CDQ \3\ reserves
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock \4\..................... BS.................... 1,469,000 1,111,000 1,111,000 999,900 111,100 ..............
AI.................... 61,264 50,752 19,000 17,100 1,900 ..............
Bogoslof.............. 113,479 85,109 250 250 .............. ..............
Pacific cod \5\................. BS.................... 183,012 153,383 136,466 121,864 14,602 ..............
AI.................... 27,400 20,600 13,796 12,320 1,476 ..............
Sablefish \6\................... Alaska-wide........... 40,432 34,521 n/a n/a n/a ..............
BS.................... n/a 5,264 5,264 4,343 724 197
AI.................... n/a 6,463 6,463 5,251 1,091 121
Yellowfin sole.................. BSAI.................. 377,071 354,014 250,000 223,250 26,750 ..............
Greenland turbot................ BSAI.................. 7,687 6,572 6,572 5,586 n/a ..............
BS.................... n/a 5,540 5,540 4,709 593 238
AI.................... n/a 1,032 1,032 877 .............. 155
Arrowtooth flounder............. BSAI.................. 94,445 80,389 20,000 17,000 2,140 860
Kamchatka flounder.............. BSAI.................. 10,903 9,214 9,214 7,832 .............. 1,382
Rock sole \7\................... BSAI.................. 214,084 206,896 66,000 58,938 7,062 ..............
Flathead sole \8\............... BSAI.................. 77,967 64,288 35,500 31,702 3,799 ..............
Alaska plaice................... BSAI.................. 39,305 32,697 29,221 24,838 .............. 4,383
Other flatfish \9\.............. BSAI.................. 22,919 17,189 10,000 8,500 .............. 1,500
Pacific ocean perch............. BSAI.................. 42,605 35,688 35,385 31,154 n/a ..............
BS.................... n/a 10,352 10,352 8,799 .............. 1,553
EAI................... n/a 8,083 8,083 7,218 865 ..............
CAI................... n/a 5,950 5,950 5,313 637 ..............
WAI................... n/a 11,303 11,000 9,823 1,177 ..............
Northern rockfish............... BSAI.................. 23,420 19,217 17,000 14,450 .............. 2,550
Blackspotted/Rougheye rockfish BSAI.................. 598 503 503 428 .............. 75
\10\.
BS/EAI................ n/a 326 326 277 .............. 49
CAI/WAI............... n/a 177 177 150 .............. 27
[[Page 11629]]
Shortraker rockfish............. BSAI.................. 722 541 541 460 .............. 81
Other rockfish \11\............. BSAI.................. 1,751 1,313 1,144 972 .............. 172
BS.................... n/a 919 750 638 .............. 113
AI.................... n/a 394 394 335 .............. 59
Atka mackerel................... BSAI.................. 91,870 78,510 66,481 59,368 7,113 ..............
BS/EAI................ n/a 27,260 27,260 24,343 2,917 ..............
CAI................... n/a 16,880 16,880 15,074 1,806 ..............
WAI................... n/a 34,370 22,341 19,951 2,390 ..............
Skates.......................... BSAI.................. 47,790 39,958 30,000 25,500 .............. 4,500
Sharks.......................... BSAI.................. 689 517 500 425 .............. 75
Octopuses....................... BSAI.................. 4,769 3,576 700 595 .............. 105
-----------------------------------------------------------------------------------------------
Total....................... ...................... 2,953,182 2,383,653 1,871,000 1,672,024 181,028 17,948
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these
harvest specifications, the Bering Sea subarea (BS) includes the Bogoslof District.
\2\ Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and Amendment 80 species (Atka mackerel, yellowfin
sole, rock sole, flathead sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 15 percent of each TAC is put into a non-specified reserve.
The ITAC for these species is the remainder of the TAC after the subtraction of these reserves. For pollock and Amendment 80 species, ITAC is the non-
CDQ allocation of TAC (see footnotes 3 and 4).
\3\ For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 10.7
percent of the TAC is reserved for use by CDQ participants (see Sec. Sec. 679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish TAC
allocated to hook-and-line gear or pot gear, 7.5 percent of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for Bering Sea
Greenland turbot and arrowtooth flounder are reserved for use by CDQ participants (see Sec. 679.20(b)(1)(ii)(B) and (D)). Aleutian Islands Greenland
turbot, ``other flatfish,'' Alaska plaice, Bering Sea Pacific ocean perch, Kamchatka flounder, northern rockfish, shortraker rockfish, blackspotted/
rougheye rockfish, ``other rockfish,'' skates, sharks, and octopuses are not allocated to the CDQ program.
\4\ Under Sec. 679.20(a)(5)(i)(A), the annual BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second
for the incidental catch allowance (4.95 percent), is further allocated by sector for a pollock directed fishery as follows: Inshore--50 percent;
catcher/processor--40 percent; and motherships--10 percent. Under Sec. 679.20(a)(5)(iii)(B)(2), the annual AI pollock TAC, after subtracting first
for the CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (2,500 mt), is allocated to the Aleut Corporation
for a pollock directed fishery.
\5\ The BS Pacific cod TAC is set to account for the 11 percent, plus 45 mt, of the BS ABC for the State of Alaska's (State) guideline harvest level in
State waters of the BS. The AI Pacific cod TAC is set to account for 39 percent of the AI ABC for the State guideline harvest level in State waters of
the AI, except 39 percent of the AI ABC exceeds the State guideline harvest level of 15 million pounds (6,804 mt), in which case the TAC is set to
account for the State guideline harvest level of 6,804 mt.
\6\ The sablefish OFL and ABC are Alaska-wide and include the Gulf of Alaska.
\7\ ``Rock sole'' includes Lepidopsetta polyxystra (Northern rock sole) and Lepidopsetta bilineata (Southern rock sole).
\8\ ``Flathead sole'' includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
\9\ ``Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole,
Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
\10\ ``Blackspotted/Rougheye rockfish'' includes Sebastes melanostictus (blackspotted) and Sebastes aleutianus (rougheye).
\11\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean perch, northern rockfish, blackspotted/
rougheye rockfish, and shortraker rockfish.
Note: Regulatory areas and districts are defined at Sec. 679.2 (BSAI = Bering Sea and Aleutian Islands management area, BS = Bering Sea subarea, AI =
Aleutian Islands subarea, EAI = Eastern Aleutian district, CAI = Central Aleutian district, WAI = Western Aleutian district).
Table 1A--Comparison of Final 2022 and 2023 With Proposed 2022 and 2023 Total Allowable Catch in the BSAI
[Amounts are in metric tons]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2022 2023
2022 final 2022 2022 percentage 2023 final 2023 2023 percentage
Species Area \1\ TAC proposed difference difference TAC proposed difference difference
TAC from proposed from proposed TAC from proposed from proposed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock........................................ BS............................. 1,111,000 1,400,000 (289,000) (20.6) 1,289,000 1,400,000 (111,000) (7.9)
AI............................. 19,000 19,000 .............. .............. 19,000 19,000 .............. ..............
Bogoslof....................... 250 100 150 150.0 250 100 150 150.0
Pacific cod.................................... BS............................. 136,466 95,053 41,413 43.6 133,459 95,053 38,406 40.4
AI............................. 13,796 13,796 .............. .............. 13,796 13,796 .............. ..............
Sablefish...................................... BS............................. 5,264 4,863 401 8.2 6,529 4,863 1,666 34.3
AI............................. 6,463 5,061 1,402 27.7 7,786 5,061 2,725 53.8
Yellowfin sole................................. BSAI........................... 250,000 200,000 50,000 25.0 230,000 200,000 30,000 15.0
Greenland turbot............................... BS............................. 5,540 5,125 415 8.1 4,825 5,125 (300) (5.9)
AI............................. 1,032 900 132 14.7 899 900 (1) (0.1)
Arrowtooth flounder............................ BSAI........................... 20,000 15,000 5,000 33.3 20,000 15,000 5,000 33.3
Kamchatka flounder............................. BSAI........................... 9,214 8,982 232 2.6 9,393 8,982 411 4.6
Rock sole...................................... BSAI........................... 66,000 54,500 11,500 21.1 55,000 54,500 500 0.9
Flathead sole.................................. BSAI........................... 35,500 25,000 10,500 42.0 25,500 25,000 500 2.0
Alaska plaice.................................. BSAI........................... 29,221 22,500 6,721 29.9 29,082 22,500 6,582 29.3
Other flatfish................................. BSAI........................... 10,000 6,500 3,500 53.8 10,000 6,500 3,500 53.8
[[Page 11630]]
Pacific ocean perch............................ BS............................. 10,352 10,298 54 0.5 9,956 10,298 (342) (3.3)
EAI............................ 8,083 8,041 42 0.5 7,774 8,041 (267) (3.3)
CAI............................ 5,950 5,919 31 0.5 5,722 5,919 (197) (3.3)
WAI............................ 11,000 10,500 500 4.8 10,500 10,500 .............. ..............
Northern rockfish.............................. BSAI........................... 17,000 13,000 4,000 30.8 17,000 13,000 4,000 30.8
Blackspotted and Rougheye rockfish............. BS/EAI......................... 326 150 176 117.3 334 150 184 122.7
CAI/WAI........................ 177 176 1 0.6 183 176 7 4.0
Shortraker rockfish............................ BSAI........................... 541 225 316 140.4 541 225 316 140.4
Other rockfish................................. BS............................. 750 300 450 150.0 919 300 619 206.3
AI............................. 394 394 .............. .............. 394 394 .............. ..............
Atka mackerel.................................. EAI/BS......................... 27,260 23,880 3,380 14.2 25,000 23,880 1,120 4.7
CAI............................ 16,880 14,330 2,550 17.8 15,470 14,330 1,140 8.0
WAI............................ 22,341 19,507 2,834 14.5 20,488 19,507 981 5.0
Skates......................................... BSAI........................... 30,000 16,000 14,000 87.5 30,000 16,000 14,000 87.5
Sharks......................................... BSAI........................... 500 200 300 150.0 500 200 300 150.0
Octopuses...................................... BSAI........................... 700 700 .............. .............. 700 700 700 ..............
---------------------------------------------------------------------------------------------------------------
Total...................................... BSAI........................... 1,871,000 2,000,000 (129,000) (6.5) 2,000,000 2,000,000 .............. ..............
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Bering Sea subarea (BS), Aleutian Islands subarea (AI), Bering Sea and Aleutian Islands management area (BSAI), Eastern Aleutian District (EAI), Central Aleutian District (CAI), and
Western Aleutian District (WAI).
Table 2--Final 2023 Overfishing Level (OFL), Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), CDQ Reserve Allocation,
and Nonspecified Reserves of Groundfish in the BSAI \1\
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023
-----------------------------------------------------------------------------------------------
Species Area Nonspecified
OFL ABC TAC ITAC \2\ CDQ \3\ reserves
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock \4\..................... BS.................... 1,704,000 1,289,000 1,289,000 1,160,100 128,900 ..............
AI.................... 61,379 50,825 19,000 17,100 1,900 ..............
Bogoslof.............. 113,479 85,109 250 250 .............. ..............
Pacific cod \5\................. BS.................... 180,909 151,709 133,459 119,179 14,280 ..............
AI.................... 27,400 20,600 13,796 12,320 1,476 ..............
Sablefish \6\................... Alaska-wide........... 42,520 36,318 n/a n/a n/a ..............
BS.................... n/a 6,529 6,529 2,775 245 245
AI.................... n/a 7,786 7,786 1,655 146 146
Yellowfin sole.................. BSAI.................. 382,035 358,675 230,000 205,390 24,610 ..............
Greenland turbot................ BSAI.................. 6,698 5,724 5,724 4,865 n/a ..............
BS.................... n/a 4,825 4,825 4,101 516 207
AI.................... n/a 899 899 764 .............. 135
Arrowtooth flounder............. BSAI.................. 97,944 83,389 20,000 17,000 2,140 860
Kamchatka flounder.............. BSAI.................. 11,115 9,393 9,393 7,984 .............. 1,409
Rock sole \7\................... BSAI.................. 280,621 271,199 55,000 49,115 5,885 ..............
Flathead sole \8\............... BSAI.................. 80,034 65,988 25,500 22,772 2,729 ..............
Alaska plaice................... BSAI.................. 39,685 32,998 29,082 24,720 .............. 4,362
Other flatfish \9\.............. BSAI.................. 22,919 17,189 10,000 8,500 .............. 1,500
Pacific ocean perch............. BSAI.................. 40,977 34,322 33,952 29,891 n/a ..............
BS.................... n/a 9,956 9,956 8,463 .............. 1,493
EAI................... n/a 7,774 7,774 6,942 832 ..............
CAI................... n/a 5,722 5,722 5,110 612 ..............
WAI................... n/a 10,870 10,500 9,377 1,124 ..............
Northern rockfish............... BSAI.................. 22,594 18,538 17,000 14,450 .............. 2,550
Blackspotted/Rougheye rockfish BSAI.................. 615 517 517 439 .............. 78
\10\.
BS/EAI................ n/a 334 334 284 .............. 50
CAI/WAI............... n/a 183 183 156 .............. 27
Shortraker rockfish............. BSAI.................. 722 541 541 460 .............. 81
Other rockfish \11\............. BSAI.................. 1,751 1,313 1,313 1,116 .............. 197
BS.................... n/a 919 919 781 .............. 138
AI.................... n/a 394 394 335 .............. 59
Atka mackerel................... BSAI.................. 84,440 71,990 60,958 54,435 6,523 ..............
EAI/BS................ n/a 25,000 25,000 22,325 2,675 ..............
CAI................... n/a 15,470 15,470 13,815 1,655 ..............
WAI................... n/a 31,520 20,488 18,296 2,192 ..............
Skates.......................... BSAI.................. 46,475 38,824 30,000 25,500 .............. 4,500
Sharks.......................... BSAI.................. 689 517 500 425 .............. 75
[[Page 11631]]
Octopuses....................... BSAI.................. 4,769 3,576 700 595 .............. 105
-----------------------------------------------------------------------------------------------
Total....................... ...................... 3,253,770 2,626,251 2,000,000 1,781,036 191,917 17,943
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these
harvest specifications, the Bering Sea subarea (BS) includes the Bogoslof District.
\2\ Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and Amendment 80 species (Atka mackerel, flathead
sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 15 percent of each TAC is put into a non-specified reserve.
The ITAC for these species is the remainder of the TAC after the subtraction of these reserves. For pollock and Amendment 80 species, ITAC is the non-
CDQ allocation of TAC (see footnotes 3 and 4).
\3\ For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 10.7
percent of the TAC is reserved for use by CDQ participants (see Sec. Sec. 679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish TAC
allocated to hook-and-line gear or pot gear, 7.5 percent of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for Bering Sea
Greenland turbot and arrowtooth flounder are reserved for use by CDQ participants (see Sec. 679.20(b)(1)(ii)(B) and (D)). The 2023 hook-and-line or
pot gear portion of the sablefish ITAC and CDQ reserve will not be specified until the final 2023 and 2024 harvest specifications. Aleutian Islands
Greenland turbot, ``other flatfish,'' Alaska plaice, Bering Sea Pacific ocean perch, Kamchatka flounder, northern rockfish, shortraker rockfish,
blackspotted/rougheye rockfish, ``other rockfish,'' skates, sharks, and octopuses are not allocated to the CDQ program.
\4\ Under Sec. 679.20(a)(5)(i)(A), the annual BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second
for the incidental catch allowance (4.27 percent), is further allocated by sector for a pollock directed fishery as follows: Inshore--50 percent;
catcher/processor--40 percent; and motherships--10 percent. Under Sec. 679.20(a)(5)(iii)(B)(2), the annual AI pollock TAC, after subtracting first
for the CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (2,500 mt), is allocated to the Aleut Corporation
for a pollock directed fishery.
\5\ Assuming an increase in the 2023 guideline harvest level based on the actual 2022 harvest, the 2023 BS Pacific cod TAC is set to account for the 12
percent, plus 45 mt, of the BS ABC for the State of Alaska's (State) guideline harvest level in State waters of the BS. The 2023 AI Pacific cod TAC is
set to account for 39 percent of the AI ABC for the State guideline harvest level in State waters of the AI, except 39 percent of the AI ABC exceeds
the State guideline harvest level of 15 million pounds (6,804 mt), in which case the TAC is set to account for the State guideline harvest level of
6,804 mt.
\6\ The sablefish OFL and ABC are Alaska-wide and include the Gulf of Alaska.
\7\ ``Rock sole'' includes Lepidopsetta polyxystra (Northern rock sole) and Lepidopsetta bilineata (Southern rock sole).
\8\ ``Flathead sole'' includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
\9\ ``Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole,
Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
\10\ ``Blackspotted/Rougheye rockfish'' includes Sebastes melanostictus (blackspotted) and Sebastes aleutianus (rougheye).
\11\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean perch, northern rockfish, blackspotted/
rougheye rockfish, and shortraker rockfish.
Note: Regulatory areas and districts are defined at Sec. 679.2 (BSAI = Bering Sea and Aleutian Islands management area, BS = Bering Sea subarea, AI =
Aleutian Islands subarea, EAI = Eastern Aleutian district, CAI = Central Aleutian district, WAI = Western Aleutian district).
Groundfish Reserves and the Incidental Catch Allowance (ICA) for
Pollock, Atka Mackerel, Flathead Sole, Rock Sole, Yellowfin Sole, and
AI Pacific Ocean Perch
Section 679.20(b)(1)(i) requires that NMFS reserve 15 percent of
the TAC for each target species (except for pollock, hook-and-line and
pot gear allocation of sablefish, and Amendment 80 species) in a non-
specified reserve. Section 679.20(b)(1)(ii)(B) requires that NMFS
allocate 20 percent of the hook-and-line or pot gear allocation of
sablefish to the fixed-gear sablefish CDQ reserve for each subarea.
Section 679.20(b)(1)(ii)(D) requires that NMFS allocate 7.5 percent of
the trawl gear allocations of sablefish in the BS and AI and 10.7
percent of the BS Greenland turbot and arrowtooth flounder TACs to the
respective CDQ reserves. Section 679.20(b)(1)(ii)(C) requires that NMFS
allocate 10.7 percent of the TACs for Atka mackerel, AI Pacific ocean
perch, yellowfin sole, rock sole, flathead sole, and Pacific cod to the
respective CDQ reserves. Sections 679.20(a)(5)(i)(A) and 679.31(a) also
require that 10 percent of the BS pollock TAC be allocated to the
pollock CDQ directed fishing allowance (DFA). Sections
679.20(a)(5)(iii)(B)(2)(i) and 679.31(a) require that 10 percent of the
AI pollock TAC be allocated to the pollock CDQ DFA. The entire Bogoslof
District pollock TAC is allocated as an ICA pursuant to Sec.
679.20(a)(5)(ii) because the Bogoslof District is closed to directed
fishing for pollock by regulation (Sec. 679.22(a)(7)(B)). With the
exception of the hook-and-line or pot gear sablefish CDQ reserve, the
regulations do not further apportion the CDQ allocations by gear.
Pursuant to Sec. 679.20(a)(5)(i)(A)(1), NMFS allocates a pollock
ICA of 49,500 mt of the BS pollock TAC after subtracting the 10 percent
CDQ DFA. This allowance is based on NMFS's examination of the pollock
incidental catch, including the incidental catch by CDQ vessels, in
target fisheries other than pollock from 2000 through 2021. During this
22-year period, the pollock incidental catch ranged from a low of 2.2
percent in 2006 to a high of 4.6 percent in 2014, with a 22-year
average of 3 percent. Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) and
(ii), NMFS establishes a pollock ICA of 2,500 mt of the AI pollock TAC
after subtracting the 10 percent CDQ DFA. This allowance is based on
NMFS's examination of the pollock incidental catch, including the
incidental catch by CDQ vessels, in target fisheries other than pollock
from 2003 through 2021. During this 19-year period, the incidental
catch of pollock ranged from a low of 5 percent in 2006 to a high of 17
percent in 2014, with a 19-year average of 9 percent.
After subtracting the 10.7 percent CDQ reserve and pursuant to
Sec. 679.20(a)(8) and (10), NMFS allocates ICAs of 3,000 mt of
flathead sole, 6,000 mt of rock sole, 4,000 mt of yellowfin sole, 10 mt
of WAI Pacific ocean perch, 60 mt of CAI Pacific ocean perch, 100 mt of
EAI Pacific ocean perch, 20 mt of WAI Atka mackerel, 75 mt of CAI Atka
mackerel, and 800 mt of EAI and BS
[[Page 11632]]
Atka mackerel. These ICA allowances are based on NMFS's examination of
the incidental catch in other target fisheries from 2003 through 2021.
The regulations do not designate the remainder of the non-specified
reserve by species or species group. Any amount of the reserve may be
apportioned to a target species that contributed to the non-specified
reserves during the year, provided that such apportionments are
consistent with Sec. 679.20(a)(3) and do not result in overfishing
(see Sec. 679.20(b)(1)(i)). The Regional Administrator has determined
that the ITACs specified for certain species listed in Tables 1 and 2
need to be supplemented from the non-specified reserve because U.S.
fishing vessels have demonstrated the capacity to catch the full TAC
allocations. Therefore, in accordance with Sec. 679.20(b), NMFS is
apportioning the amounts shown in Table 3 from the non-specified
reserve to increase the ITAC for AI ``other rockfish'' by 15 percent of
the ``other rockfish'' TAC in 2022 and 2023.
Table 3-Final 2022 and 2023 Apportionment of Non-Specified Reserves to ITAC Categories
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2022 reserve 2023 reserve
Species-area or subarea 2022 ITAC amount 2022 final TAC 2023 ITAC amount 2023 final TAC
--------------------------------------------------------------------------------------------------------------------------------------------------------
Other rockfish-Aleutian Islands subarea................. 335 59 394 335 59 394
Total............................................... 335 59 394 335 59 394
--------------------------------------------------------------------------------------------------------------------------------------------------------
Allocation of Pollock TAC Under the American Fisheries Act (AFA)
Section 679.20(a)(5)(i)(A) requires that the BS pollock TAC be
apportioned as a DFA, after subtracting 10 percent for the CDQ program
and 4.95 percent in 2022 and 4.27 percent in 2023 for the ICA, as
follows: 50 percent to the inshore sector, 40 percent to the catcher/
processor (CP) sector, and 10 percent to the mothership sector. In the
BS, 45 percent of the DFA is allocated to the A season (January 20-June
10), and 55 percent of the DFA is allocated to the B season (June 10-
November 1) (Sec. Sec. 679.20(a)(5)(i)(B)(1) and 679.23(e)(2)). The AI
directed pollock fishery allocation to the Aleut Corporation is the
amount of pollock TAC remaining in the AI after subtracting 1,900 mt
for the CDQ DFA (10 percent) and 2,500 mt for the ICA (Sec.
679.20(a)(5)(iii)(B)(2)). In the AI, the total A season apportionment
of the TAC (including the AI directed fishery allocation, the CDQ DFA,
and the ICA) may equal up to 40 percent of the ABC for AI pollock, and
the remainder of the TAC is allocated to the B season (Sec.
679.20(a)(5)(iii)(B)(3)). Tables 4 and 5 list these 2022 and 2023
amounts.
Section 679.20(a)(5)(iii)(B)(6) sets harvest limits for pollock in
the A season (January 20 to June 10) in Areas 543, 542, and 541. In
Area 543, the A season pollock harvest limit is no more than 5 percent
of the AI pollock ABC. In Area 542, the A season pollock harvest limit
is no more than 15 percent of the AI pollock ABC. In Area 541, the A
season pollock harvest limit is no more than 30 percent of the AI
pollock ABC.
Section 679.20(a)(5)(i)(A)(4) also includes several specific
requirements regarding BS pollock allocations. First, it requires that
8.5 percent of the pollock allocated to the CP sector be available for
harvest by AFA catcher vessels (CVs) with CP sector endorsements,
unless the Regional Administrator receives a cooperative contract that
allows for the distribution of harvest among AFA CPs and AFA CVs in a
manner agreed to by all members. Second, AFA CPs not listed in the AFA
are limited to harvesting not more than 0.5 percent of the pollock
allocated to the CP sector. Tables 4 and 5 list the 2022 and 2023
allocations of pollock TAC. Table 20 lists the AFA CP prohibited
species sideboard limits, and Tables 21 and 22 list the AFA CV
groundfish and prohibited species sideboard limits. The tables for the
pollock allocations to the BS inshore pollock cooperatives and open
access sector will be posted on the Alaska Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-groundfish-fisheries-management.
Tables 4 and 5 also list seasonal apportionments of pollock and
harvest limits within the Steller Sea Lion Conservation Area (SCA). The
harvest of pollock within the SCA, as defined at Sec.
679.22(a)(7)(vii), is limited to no more than 28 percent of the annual
pollock DFA before 12:00 noon, April 1, as provided in Sec.
679.20(a)(5)(i)(C). The A season pollock SCA harvest limit will be
apportioned to each sector in proportion to each sector's allocated
percentage of the DFA.
Table 4--Final 2022 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ Directed
Fishing Allowances (DFA) \1\
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2022 A season \1\ 2022 B season
2022 -------------------------------- \1\
Area and sector Allocations SCA harvest ---------------
A season DFA limit \2\ B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\...................... 1,111,000 n/a n/a n/a
CDQ DFA......................................... 111,100 49,995 31,108 61,105
ICA \1\......................................... 49,500 n/a n/a n/a
Total Bering Sea non-CDQ DFA.................... 950,400 427,680 266,112 522,720
AFA Inshore..................................... 475,200 213,840 133,056 261,360
AFA Catcher/Processors \3\...................... 380,160 171,072 106,445 209,088
Catch by CPs................................ 347,846 156,531 n/a 191,316
Catch by CVs \3\............................ 32,314 14,541 n/a 17,772
Unlisted CP Limit \4\....................... 1,901 855 n/a 1,045
AFA Motherships................................. 95,040 42,768 26,611 52,272
Excessive Harvesting Limit \5\.................. 166,320 n/a n/a n/a
[[Page 11633]]
Excessive Processing Limit \6\.................. 285,120 n/a n/a n/a
Aleutian Islands subarea ABC.................... 50,752 n/a n/a n/a
Aleutian Islands subarea TAC \1\................ 19,000 n/a n/a n/a
CDQ DFA......................................... 1,900 1,900 n/a ..............
ICA............................................. 2,500 1,250 n/a 1,250
Aleut Corporation............................... 14,600 14,600 n/a ..............
Area harvest limit \7\.......................... n/a n/a n/a n/a
541......................................... 15,226 n/a n/a n/a
542......................................... 7,613 n/a n/a n/a
543......................................... 2,538 n/a n/a n/a
Bogoslof District ICA \8\....................... 250 n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the Bering Sea subarea pollock TAC, after subtracting the CDQ DFA (10
percent) and the ICA (4.95 percent), is allocated as a DFA as follows: Inshore sector--50 percent, catcher/
processor sector (CP)--40 percent, and mothership sector--10 percent. In the Bering Sea subarea, 45 percent of
the DFA is allocated to the A season (January 20-June 10) and 55 percent of the DFA is allocated to the B
season (June 10-November 1). Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) through (iii), the Aleutian Islands
subarea pollock TAC, after subtracting first for the CDQ DFA (10 percent) and second for the ICA (2,500 mt),
is allocated to the Aleut Corporation for a pollock directed fishery. In the Aleutian Islands subarea, the A
season is allocated up to 40 percent of the Aleutian Islands pollock ABC.
\2\ In the Bering Sea subarea, pursuant to Sec. 679.20(a)(5)(i)(C), no more than 28 percent of each sector's
annual DFA may be taken from the SCA before noon, April 1.
\3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), 8.5 percent of the DFA allocated to listed CPs shall be available
for harvest only by eligible catcher vessels with a CP endorsement delivering to listed CPs, unless there is a
CP sector cooperative for the year.
\4\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting
not more than 0.5 percent of the catcher/processor sector's allocation of pollock.
\5\ Pursuant to Sec. 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
percent of the sum of the non-CDQ pollock DFAs.
\6\ Pursuant to Sec. 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0
percent of the sum of the non-CDQ pollock DFAs.
\7\ Pursuant to Sec. 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
Area 541 of no more than 30 percent, in Area 542 of no more than 15 percent, and in Area 543 of no more than 5
percent of the Aleutian Islands pollock ABC.
\8\ Pursuant to Sec. 679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The
amounts specified are for incidental catch only and are not apportioned by season or sector.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Table 5--Final 2023 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ Directed
Fishing Allowances (DFA) \1\
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2023 A season \1\ 2023 B season
2023 -------------------------------- \1\
Area and sector Allocations SCA harvest ---------------
A season DFA limit \2\ B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\...................... 1,289,000 n/a n/a n/a
CDQ DFA......................................... 128,900 58,005 36,092 70,895
ICA \1\......................................... 49,500 n/a n/a n/a
Total Bering Sea non-CDQ DFA.................... 1,110,600 499,770 310,968 610,830
AFA Inshore..................................... 555,300 249,885 155,484 305,415
AFA Catcher/Processors \3\...................... 444,240 199,908 124,387 244,332
Catch by CPs................................ 406,480 182,916 n/a 223,564
Catch by CVs \3\............................ 37,760 16,992 n/a 20,768
Unlisted CP Limit \4\....................... 2,221 1,000 n/a 1,222
AFA Motherships................................. 111,060 49,977 31,097 61,083
Excessive Harvesting Limit \5\.................. 194,355 n/a n/a n/a
Excessive Processing Limit \6\.................. 333,180 n/a n/a n/a
Aleutian Islands subarea ABC.................... 50,825 n/a n/a n/a
Aleutian Islands subarea TAC \1\................ 19,000 n/a n/a n/a
CDQ DFA......................................... 1,900 1,900 n/a ..............
ICA............................................. 2,500 1,250 n/a 1,250
Aleut Corporation............................... 14,600 14,600 n/a ..............
Area harvest limit \7\.......................... n/a n/a n/a n/a
541......................................... 15,248 n/a n/a n/a
542......................................... 7,624 n/a n/a n/a
543......................................... 2,541 n/a n/a n/a
[[Page 11634]]
Bogoslof District ICA \8\....................... 250 n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the Bering Sea subarea pollock TAC, after subtracting the CDQ DFA (10
percent) and the ICA (4.27 percent), is allocated as a DFA as follows: Inshore sector--50 percent, catcher/
processor sector (CP)--40 percent, and mothership sector--10 percent. In the Bering Sea subarea, 45 percent of
the DFA is allocated to the A season (January 20-June 10) and 55 percent of the DFA is allocated to the B
season (June 10-November 1). Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) through (iii), the Aleutian Islands
subarea pollock TAC, after subtracting first for the CDQ DFA (10 percent) and second for the ICA (2,500 mt),
is allocated to the Aleut Corporation for a pollock directed fishery. In the Aleutian Islands subarea, the A
season is allocated up to 40 percent of the Aleutian Islands pollock ABC.
\2\ In the Bering Sea subarea, pursuant to Sec. 679.20(a)(5)(i)(C), no more than 28 percent of each sector's
annual DFA may be taken from the SCA before noon, April 1.
\3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), 8.5 percent of the DFA allocated to listed CPs shall be available
for harvest only by eligible catcher vessels with a CP endorsement delivering to listed CPs, unless there is a
CP sector cooperative for the year.
\4\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting
not more than 0.5 percent of the catcher/processor sector's allocation of pollock.
\5\ Pursuant to Sec. 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
percent of the sum of the non-CDQ pollock DFAs.
\6\ Pursuant to Sec. 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0
percent of the sum of the non-CDQ pollock DFAs.
\7\ Pursuant to Sec. 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
Area 541 of no more than 30 percent, in Area 542 of no more than 15 percent, and in Area 543 of no more than 5
percent of the Aleutian Islands pollock ABC.
\8\ Pursuant to Sec. 679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The
amounts specified are for incidental catch only and are not apportioned by season or sector.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Allocation of the Atka Mackerel TACs
Section 679.20(a)(8) allocates the Atka mackerel TACs to the
Amendment 80 and BSAI trawl limited access sectors, after subtracting
the CDQ reserves, ICAs for the BSAI trawl limited access sector and
non-trawl gear sector, and the jig gear allocation (Tables 6 and 7).
The percentage of the ITAC for Atka mackerel allocated to the Amendment
80 and BSAI trawl limited access sectors is listed in Table 33 to 50
CFR part 679 and in Sec. 679.91. Pursuant to Sec. 679.20(a)(8)(i), up
to 2 percent of the EAI and the BS Atka mackerel TAC may be allocated
to vessels using jig gear. The percent of this allocation is
recommended annually by the Council based on several criteria,
including, among other criteria, the anticipated harvest capacity of
the jig gear fleet. The Council recommended, and NMFS approves, a 0.5
percent allocation of the Atka mackerel ITAC in the EAI and BS to the
jig gear sector in 2022 and 2023.
Section 679.20(a)(8)(ii)(A) apportions the Atka mackerel TAC into
two equal seasonal allowances. Section 679.23(e)(3) sets the first
seasonal allowance for directed fishing with trawl gear from January 20
through June 10 (A season), and the second seasonal allowance from June
10 through December 31 (B season). Section 679.23(e)(4)(iii) applies
Atka mackerel seasons to CDQ Atka mackerel trawl fishing. The ICAs and
jig gear allocations are not apportioned by season.
Sections 679.20(a)(8)(ii)(C)(1)(i) and (ii) limits Atka mackerel
catch within waters 0 nmi to 20 nmi of Steller sea lion sites listed in
Table 6 to 50 CFR part 679 and located west of 178[deg] W longitude to
no more than 60 percent of the annual TACs in Areas 542 and 543, and
equally divides the annual TACs between the A and B seasons as defined
at Sec. 679.23(e)(3). Section 679.20(a)(8)(ii)(C)(2) requires that the
annual TAC in Area 543 will be no more than 65 percent of the ABC in
Area 543. Section 679.20(a)(8)(ii)(D) requires that any unharvested
Atka mackerel A season allowance that is added to the B season be
prohibited from being harvested within waters 0 nmi to 20 nmi of
Steller sea lion sites listed in Table 6 to 50 CFR part 679 and located
in Areas 541, 542, and 543.
Tables 6 and 7 list these 2022 and 2023 Atka mackerel seasonal and
area allowances, and the sector allocations. One Amendment 80
cooperative has formed for the 2022 fishing year. Because all Amendment
80 vessels are part of the sole Amendment 80 cooperative, no allocation
to the Amendment 80 limited access sector is required for 2022. The
2023 allocations for Atka mackerel between Amendment 80 cooperatives
and the Amendment 80 limited access sector will not be known until
eligible participants apply for participation in the program by
November 1, 2022.
TABLE 6--Final 2022 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch Allowance, and
Amendment 80 Allocations of the BSAI ATKA Mackerel TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2022 allocation by area
--------------------------------------------------------
Sector \1\ Season 2 3 4 Eastern Aleutian
District/Bering Central Aleutian Western Aleutian
Sea District \5\ District
----------------------------------------------------------------------------------------------------------------
TAC.............................. n/a................. 27,260 16,880 22,341
CDQ reserve...................... Total............... 2,917 1,806 2,390
A................... 1,458 903 1,195
Critical Habitat.... n/a 542 717
[[Page 11635]]
B................... 1,458 903 1,195
Critical Habitat.... n/a 542 717
Non-CDQ TAC...................... n/a................. 24,343 15,074 19,951
ICA.............................. Total............... 800 75 20
Jig \6\.......................... Total............... 118 ................. .................
BSAI trawl limited access........ Total............... 2,343 1,500 .................
A................... 1,171 750 .................
Critical Habitat.... n/a 450 .................
B................... 1,171 750 .................
Critical Habitat.... n/a 450 .................
Amendment 80 sector.............. Total............... 21,083 13,499 19,931
A................... 10,541 6,749 9,965
Critical Habitat.... n/a 4,050 5,979
B................... 10,541 6,749 9,965
Critical Habitat.... n/a 4,050 5,979
----------------------------------------------------------------------------------------------------------------
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and jig
gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for
Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50 CFR
part 679 and Sec. 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec.
Sec. 679.20(b)(1)(ii)(C) and 679.31).
\2\ Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel
fishery.
\3\ The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
\4\ Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from
January 20 to June 10 and the B season from June 10 to December 31.
\5\Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to
be caught inside of Steller sea lion critical habitat; section 679.20(a)(8)(ii)(C)(1)(ii) equally divides the
annual TACs between the A and B seasons as defined at Sec. 679.23(e)(3); and section 679.20(a)(8)(ii)(C)(2)
requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
\6\ Sections 679.2 and 679.20(a)(8)(i) require that up to 2 percent of the Eastern Aleutian Islands District and
the Bering Sea subarea TAC be allocated to jig gear after subtracting the CDQ reserve and the ICA. NMFS sets
the amount of this allocation for 2022 at 0.5 percent. The jig gear allocation is not apportioned by season.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Table 7--Final 2023 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch Allowance, and
Amendment 80 Allocation of the BSAI ATKA Mackerel TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2023 allocation by area
--------------------------------------------------------
Sector \1\ Season 2 3 4 Eastern Aleutian
District/Bering Central Aleutian Western Aleutian
Sea \5\ District \5\ District \5\
----------------------------------------------------------------------------------------------------------------
TAC.............................. n/a................. 25,000 15,470 20,488
CDQ reserve...................... Total............... 2,675 1,655 2,192
A................... 1,338 828 1,096
Critical Habitat.... n/a 497 658
B................... 1,338 828 1,096
Critical Habitat.... n/a 497 658
non-CDQ TAC...................... n/a................. 22,325 13,815 18,296
ICA.............................. Total............... 800 75 20
Jig \7\.......................... Total............... 108 ................. .................
BSAI trawl limited access........ Total............... 2,142 1,374 .................
A................... 1,071 687 .................
Critical Habitat.... n/a 412 .................
B................... 1,071 687 .................
Critical Habitat.... n/a 412 .................
Amendment 80 sectors \7\......... Total............... 19,276 12,366 18,276
A................... 9,638 6,183 9,138
Critical Habitat.... n/a 3,710 5,483
B................... 9,638 6,183 9,138
Critical Habitat.... n/a 3,710 5,483
----------------------------------------------------------------------------------------------------------------
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and jig
gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for
Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50 CFR
part 679 and Sec. 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec.
Sec. 679.20(b)(1)(ii)(C) and 679.31).
\2\ Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel
fishery.
\3\ The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
[[Page 11636]]
\4\ Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from
January 20 to June 10 and the B season from June 10 to December 31.
\5\ Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to
be caught inside of Steller sea lion critical habitat; section 679.20(a)(8)(ii)(C)(1)(ii) equally divides the
annual TACs between the A and B seasons as defined at Sec. 679.23(e)(3); and section 679.20(a)(8)(ii)(C)(2)
requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
\6\ Sections 679.2 and 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian Islands District
and the Bering Sea subarea TAC be allocated to jig gear after subtracting the CDQ reserve and the ICA. NMFS
sets the amount of this allocation for 2023 at 0.5 percent. The jig gear allocation is not apportioned by
season.
\7\ The 2023 allocations for Atka mackerel between Amendment 80 cooperatives and the Amendment 80 limited access
sector will not be known until eligible participants apply for participation in the program by November 1,
2022.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Allocation of the Pacific Cod TAC
The Council separated BSAI subarea OFLs, ABCs, and TACs for Pacific
cod in 2014 (79 FR 12108, March 4, 2014). Section 679.20(b)(1)(ii)(C)
allocates 10.7 percent of the BS TAC and the AI TAC to the CDQ program.
After CDQ allocations have been deducted from the respective BS and AI
Pacific cod TACs, the remaining BSAI Pacific cod TACs are combined for
calculating further BSAI Pacific cod sector allocations. If the non-CDQ
Pacific cod TAC is or will be reached in either the BS or the AI
subareas, NMFS will prohibit non-CDQ directed fishing for Pacific cod
in that subarea as provided in Sec. 679.20(d)(1)(iii).
Sections 679.20(a)(7)(i) and (ii) allocate to the non-CDQ sectors
the Pacific cod TAC in the combined BSAI, after subtracting 10.7
percent for the CDQ program, as follows: 1.4 percent to vessels using
jig gear; 2.0 percent to hook-and-line or pot CVs less than 60 ft (18.3
m) length overall (LOA); 0.2 percent to hook-and-line CVs greater than
or equal to 60 ft (18.3 m) LOA; 48.7 percent to hook-and-line CPs; 8.4
percent to pot CVs greater than or equal to 60 ft (18.3 m) LOA; 1.5
percent to pot CPs; 2.3 percent to AFA trawl CPs; 13.4 percent to
Amendment 80 sector; and 22.1 percent to trawl CVs. The ICA for the
hook-and-line and pot sectors will be deducted from the aggregate
portion of Pacific cod TAC allocated to the hook-and-line and pot
sectors. For 2022 and 2023, the Regional Administrator establishes an
ICA of 400 mt based on anticipated incidental catch by these sectors in
other fisheries.
The ITAC allocation of Pacific cod to the Amendment 80 sector is
established in Table 33 to 50 CFR part 679 and Sec. 679.91. One
Amendment 80 cooperative has formed for the 2022 fishing year. Because
all Amendment 80 vessels are part of the sole Amendment 80 cooperative,
no allocation to the Amendment 80 limited access sector is required for
2022. The 2023 allocations for Pacific cod between Amendment 80
cooperatives and the Amendment 80 limited access sector will not be
known until eligible participants apply for participation in the
program by November 1, 2022.
The sector allocations of Pacific cod are apportioned into seasonal
allowances to disperse the Pacific cod fisheries over the fishing year
(see Sec. Sec. 679.20(a)(7)(i)(B), 679.20(a)(7)(iv)(A), and
679.23(e)(5)). In accordance with Sec. 679.20(a)(7)(iv)(B) and (C),
any unused portion of a Pacific cod seasonal allowance for any sector,
except the jig sector, will become available at the beginning of that
sector's next seasonal allowance.
Section 679.20(a)(7)(vii) requires that the Regional Administrator
establish an Area 543 Pacific cod harvest limit based on Pacific cod
abundance in Area 543 as determined by the annual stock assessment
process. Based on the 2021 stock assessment, the Regional Administrator
determined for 2022 and 2023 the estimated amount of Pacific cod
abundance in Area 543 is 15.7 percent of the total AI abundance. To
calculate the Area 543 Pacific cod harvest limit, NMFS first subtracts
the State GHL Pacific cod amount from the AI Pacific cod ABC. Then NMFS
determines the harvest limit in Area 543 by multiplying the percentage
of Pacific cod estimated in Area 543 (15.7 percent) by the remaining
ABC for AI Pacific cod. Based on these calculations, the Area 543
harvest limit is 2,166 mt for 2022 and 2023.
On March 21, 2019, the final rule adopting Amendment 113 to the FMP
(81 FR 84434, November 23, 2016) was vacated by the U.S. District Court
for the District of Columbia (Groundfish Forum v. Ross, No. 16-2495
(D.D.C. March 21, 2019)), and the corresponding regulations
implementing Amendment 113 are no longer in effect. Therefore, this
final rule is not specifying amounts for the AI Pacific Cod Catcher
Vessel Harvest Set-Aside Program (see Sec. 679.20(a)(7)(viii)).
Table 8 and Table 9 list the CDQ and non-CDQ seasonal allowances by
gear, as well as the non-CDQ sector allocations, based on the final
2022 and 2023 Pacific cod TACs.
Table 8--Final 2022 Sector Allocations and Seasonal Allowances of the BSAI Pacific Cod TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2022 seasonal apportionment
Sector Percent 2022 share of 2022 share of ---------------------------------
total sector total Season Amount
----------------------------------------------------------------------------------------------------------------
BS TAC........................ n/a 136,466 n/a n/a............. n/a
BS CDQ........................ n/a 14,602 n/a see Sec. n/a
679.20(a)(7)(i)
(B).
BS non-CDQ TAC................ n/a 121,864 n/a n/a............. n/a
AI TAC........................ n/a 13,796 n/a n/a............. n/a
AI CDQ........................ n/a 1,476 n/a see Sec. n/a
679.20(a)(7)(i)
(B).
AI non-CDQ TAC................ n/a 12,320 n/a n/a............. n/a
Western Aleutian Island Limit. n/a 2,166 n/a n/a............. n/a
Total BSAI non-CDQ TAC \1\.... 100 134,184 n/a n/a............. n/a
Total hook-and-line/pot gear.. 60.8 81,584 n/a n/a............. n/a
Hook-and-line/pot ICA \2\..... n/a 400 n/a see Sec. n/a
679.20(a)(7)(ii
)(B).
Hook-and-line/pot sub-total... n/a 81,184 n/a n/a............. n/a
Hook-and-line catcher/ 48.7 n/a 65,027 Jan 1-Jun 10.... 33,164
processor. Jun 10-Dec 31... 31,863
Hook-and-line catcher vessel 0.2 n/a 267 Jan 1-Jun 10.... 136
>=60 ft LOA. Jun 10-Dec 31... 131
[[Page 11637]]
Pot catcher/processor......... 1.5 n/a 2,003 Jan 1-Jun 10.... 1,021
Sept 1-Dec 31... 981
Pot catcher vessel >=60 ft LOA 8.4 n/a 11,216 Jan 1-Jun 10.... 5,720
Sept 1-Dec 31... 5,496
Catcher vessel <60 ft LOA 2.0 n/a 2,671 n/a............. n/a
using hook-and-line or pot
gear.
Trawl catcher vessel.......... 22.1 29,655 n/a Jan 20-Apr 1.... 21,944
Apr 1-Jun 10.... 3,262
Jun 10-Nov 1.... 4,448
AFA trawl catcher/processor... 2.3 3,086 n/a Jan 20-Apr 1.... 2,315
Apr 1-Jun 10.... 772
Jun 10-Nov 1.... ..............
Amendment 80.................. 13.4 17,981 n/a Jan 20-Apr 1.... 13,485
Apr 1-Jun 10.... 4,495
Jun 10-Dec 31... ..............
Jig........................... 1.4 1,879 n/a Jan 1-Apr 30.... 1,127
Apr 30-Aug 31... 376
Aug 31-Dec 31... 376
----------------------------------------------------------------------------------------------------------------
\1\ The sector allocations and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and
AI Pacific cod TACs, after the subtraction of the reserves for the CDQ program. If the TAC for Pacific cod in
either the AI or BS is or will be reached, then directed fishing for non-CDQ Pacific cod in that subarea will
be prohibited, even if a BSAI allowance remains (Sec. 679.20(d)(1)(iii)).
\2\ The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC
allocated to the hook-and-line and pot sectors. The Regional Administrator approves an ICA of 400 mt for 2022
based on anticipated incidental catch by these sectors in other fisheries.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Table 9--Final 2023 Sector Allocations and Seasonal Allowances of the BSAI Pacific Cod TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2023 seasonal apportionment
Sector Percent 2023 share 2023 share of ---------------------------------
total sector total Season Amount
----------------------------------------------------------------------------------------------------------------
BS TAC........................ n/a 133,459 n/a n/a............. n/a
BS CDQ........................ n/a 14,280 n/a see Sec. n/a
679.20(a)(7)(i)
(B).
BS non-CDQ TAC................ n/a 119,179 n/a n/a............. n/a
AI TAC........................ n/a 13,796 n/a n/a............. n/a
AI CDQ........................ n/a 1,476 n/a see Sec. n/a
679.20(a)(7)(i)
(B).
AI non-CDQ TAC................ n/a 12,320 n/a n/a............. n/a
Western Aleutian Island Limit. n/a 2,166 n/a n/a............. n/a
Total BSAI non-CDQ TAC \1\.... n/a 131,499 n/a n/a............. n/a
Total hook-and-line/pot gear.. 60.8 79,951 n/a n/a............. n/a
Hook-and-line/pot ICA \2\..... n/a 400 n/a see Sec. n/a
679.20(a)(7)(ii
)(B).
Hook-and-line/pot sub-total... n/a 79,551 n/a n/a............. n/a
Hook-and-line catcher/ 48.7 n/a 63,719 Jan 1-Jun 10.... 32,497
processor. Jun 10-Dec 31... 31,223
Hook-and-line catcher vessel 0.2 n/a 262 Jan 1-Jun 10.... 133
>=60 ft LOA. Jun 10-Dec 31... 128
Pot catcher/processor......... 1.5 n/a 1,963 Jan 1-Jun 10.... 1,001
Sept 1-Dec 31... 962
Pot catcher vessel >=60 ft LOA 8.4 n/a 10,991 Jan 1-Jun 10.... 5,605
Sept 1-Dec 31... 5,385
Catcher vessel <60 ft LOA 2.0 n/a 2,617 n/a............. n/a
using hook-and-line or pot
gear.
Trawl catcher vessel.......... 22.1 29,061 n/a Jan 20-Apr 1.... 21,505
Apr 1-Jun 10.... 3,197
Jun 10-Nov 1.... 4,359
AFA trawl catcher/processor... 2.3 3,024 n/a Jan 20-Apr 1.... 2,268
Apr 1-Jun 10.... 756
Jun 10-Nov 1.... ..............
Amendment 80.................. 13.4 17,621 n/a Jan 20-Apr 1.... 13,216
Apr 1-Jun 10.... 4,405
Jun 10-Dec 31... ..............
[[Page 11638]]
Jig........................... 1.4 1,841 n/a Jan 1-Apr 30.... 1,105
Apr 30-Aug 31... 368
Aug 31-Dec 31... 368
----------------------------------------------------------------------------------------------------------------
\1\ The sector allocations and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and
AI Pacific cod TACs, after the subtraction of the reserves for the CDQ program. If the TAC for Pacific cod in
either the AI or BS is or will be reached, then directed fishing for non-CDQ Pacific cod in that subarea will
be prohibited, even if a BSAI allowance remains (Sec. 679.20(d)(1)(iii)).
\2\ The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC
allocated to the hook-and-line and pot sectors. The Regional Administrator approves an ICA of 400 mt for 2023
based on anticipated incidental catch by these sectors in other fisheries.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Sablefish Gear Allocation
Sections 679.20(a)(4)(iii) and (iv) require allocation of the
sablefish TAC for the BS and AI subareas between the trawl gear and
hook-and-line or pot gear sectors. Gear allocations of the sablefish
TAC for the BS are 50 percent for trawl gear and 50 percent for hook-
and-line or pot gear. Gear allocations of the TAC for the AI are 25
percent for trawl gear and 75 percent for hook-and-line or pot gear.
Section 679.20(b)(1)(ii)(B) requires that NMFS apportions 20 percent of
the hook-and-line or pot gear allocation of sablefish TAC to the CDQ
reserve for each subarea. Also, Sec. 679.20(b)(1)(ii)(D)(1) requires
that in the BS and AI 7.5 percent of the trawl gear allocation of
sablefish TAC from the non-specified reserve, established under Sec.
679.20(b)(1)(i), be assigned to the CDQ reserve.
The Council recommended that only trawl sablefish TAC be
established biennially. The harvest specifications for the hook-and-
line gear or pot gear sablefish Individual Fishing Quota (IFQ)
fisheries are limited to the 2022 fishing year to ensure those
fisheries are conducted concurrently with the halibut IFQ fishery.
Concurrent sablefish and halibut IFQ fisheries reduce the potential for
discards of halibut and sablefish in those fisheries. The sablefish IFQ
fisheries remain closed at the beginning of each fishing year until the
final harvest specifications for the sablefish IFQ fisheries are in
effect. Table 10 lists the 2022 and 2023 gear allocations of the
sablefish TAC and CDQ reserve amounts.
Table 10--Final 2022 and 2023 Gear Shares and CDQ Reserve of BSAI Sablefish TACs
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2022 Share of 2022 CDQ 2023 Share of 2023 CDQ
Subarea and gear Percent of TAC TAC 2022 ITAC reserve TAC 2023 ITAC reserve
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea:
Trawl \1\........................... 50 2,632 2,237 197 3,265 2,775 245
Hook-and-line/pot gear \2\.......... 50 2,632 2,106 526 n/a n/a n/a
---------------------------------------------------------------------------------------------------------------
Total........................... 100 5,264 4,343 724 3,265 2,775 245
Aleutian Islands:
Trawl \1\........................... 25 1,616 1,373 121 1,947 1,655 146
Hook-and-line/pot gear \2\.......... 75 4,847 3,878 969 n/a n/a n/a
---------------------------------------------------------------------------------------------------------------
Total........................... 100 6,463 5,251 1,091 1,947 1,655 146
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For the sablefish TAC allocated to vessels using trawl gear, 15 percent of TAC is apportioned to the non-specified reserve (Sec. 679.20(b)(1)(i)).
The ITAC for vessels using trawl gear is the remainder of the TAC after subtracting this reserve. In the BS and AI, 7.5 percent of the trawl gear
allocation of the TAC is assigned from the non-specified reserve to the CDQ reserve (Sec. 679.20(b)(1)(ii)(D)(1)).
\2\ For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the allocated TAC for the BS and AI is
reserved for use by CDQ participants (Sec. 679.20(b)(1)(ii)(B)). The ITAC for vessels using hook-and-line or pot gear is the remainder of the TAC
after subtracting the CDQ reserve for each subarea. The Council recommended that specifications for the hook-and-line or pot gear sablefish IFQ
fisheries be limited to one year.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Allocation of the AI Pacific Ocean Perch, and BSAI Flathead Sole, Rock
Sole, and Yellowfin Sole TACs
Sections 679.20(a)(10)(i) and (ii) require that NMFS allocate AI
Pacific ocean perch, and BSAI flathead sole, rock sole, and yellowfin
sole ITACs between the Amendment 80 sector and the BSAI trawl limited
access sector, after subtracting 10.7 percent for the CDQ reserves and
ICAs for the BSAI trawl limited access sector and vessels using non-
trawl gear. The allocations of the ITACs for AI Pacific ocean perch,
and BSAI flathead sole, rock sole, and yellowfin sole to the Amendment
80 sector are established in accordance with Tables 33 and 34 to 50 CFR
part 679 and Sec. 679.91.
One Amendment 80 cooperative has formed for the 2022 fishing year.
Because all Amendment 80 vessels are part of the sole Amendment 80
cooperative, no allocation to the Amendment 80 limited access sector is
required for 2022. The 2023 allocations for Amendment 80 species
between Amendment 80 cooperatives and the Amendment 80 limited access
sector will not be known until eligible participants apply for
participation in
[[Page 11639]]
the program by November 1, 2022. Tables 11 and 12 list the 2022 and
2023 allocations of the AI Pacific ocean perch, and BSAI flathead sole,
rock sole, and yellowfin sole TACs.
Table 11--Final 2022 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAS), and Amendment 80 Allocations of the Aleutian Islands
Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACs
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific ocean perch Flathead sole Rock sole Yellowfin sole
-------------------------------------------------------------------------------------
Sector Eastern Central Western
Aleutian Aleutian Aleutian BSAI BSAI BSAI
District District District
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC............................................................... 8,083 5,950 11,000 35,500 66,000 250,000
CDQ............................................................... 865 637 1,177 3,799 7,062 26,750
ICA............................................................... 100 60 10 3,000 6,000 4,000
BSAI trawl limited access......................................... 712 525 196 ............... ........... 52,642
Amendment 80...................................................... 6,406 4,728 9,617 28,702 52,938 166,608
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Sector apportionments may not total precisely due to rounding.
Table 12--Final 2023 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAS), and Amendment 80 Allocations of the Aleutian Islands
Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACs
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific ocean perch Flathead sole Rock sole Yellowfin sole
-------------------------------------------------------------------------------------
Sector Eastern Central Western
Aleutian Aleutian Aleutian BSAI BSAI BSAI
District District District
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC............................................................... 7,774 5,722 10,500 25,500 55,000 230,000
CDQ............................................................... 832 612 1,124 2,729 5,885 24,610
ICA............................................................... 100 60 10 3,000 6,000 4,000
BSAI trawl limited access......................................... 684 505 187 ............... ........... 45,498
Amendment 80 \1\.................................................. 6,158 4,545 9,179 19,772 43,115 155,892
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The 2023 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until
eligible participants apply for participation in the program by November 1, 2022.
Note: Sector apportionments may not total precisely due to rounding.
Section 679.2 defines the ABC surplus for flathead sole, rock sole,
and yellowfin sole as the difference between the annual ABC and TAC for
each species. Section 679.20(b)(1)(iii) establishes ABC reserves for
flathead sole, rock sole, and yellowfin sole. The ABC surpluses and the
ABC reserves are necessary to mitigate the operational variability,
environmental conditions, and economic factors that may constrain the
CDQ groups and the Amendment 80 cooperatives from fully harvesting
their allocations and to improve the likelihood of achieving and
maintaining, on a continuing basis, the optimum yield in the BSAI
groundfish fisheries. NMFS, after consultation with the Council, may
set the ABC reserve at or below the ABC surplus for each species, thus
maintaining the TAC below ABC limits. An amount equal to 10.7 percent
of the ABC reserves will be allocated as CDQ ABC reserves for flathead
sole, rock sole, and yellowfin sole. Section 679.31(b)(4) establishes
the annual allocations of CDQ ABC reserves among the CDQ groups. The
Amendment 80 ABC reserves are the ABC reserves minus the CDQ ABC
reserves. Section 679.91(i)(2) establishes each Amendment 80
cooperative ABC reserve to be the ratio of each cooperatives' quota
share units and the total Amendment 80 quota share units, multiplied by
the Amendment 80 ABC reserve for each respective species. Table 13
lists the 2022 and 2023 ABC surplus and ABC reserves for BSAI flathead
sole, rock sole, and yellowfin sole.
Table 13--Final 2022 and 2023 ABC Surplus, ABC Reserves, Community Development Quota (CDQ) ABC Reserves, and Amendment 80 ABC Reserves in the BSAI for
Flathead Sole, Rock Sole, and Yellowfin Sole
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2022 Flathead 2022 Rock 2022 2023 \1\ 2023 \1\ Rock 2023 \1\
Sector sole sole Yellowfin sole Flathead sole sole Yellowfin sole
--------------------------------------------------------------------------------------------------------------------------------------------------------
ABC..................................................... 64,288 206,896 354,014 65,988 271,199 358,675
TAC..................................................... 35,500 66,000 250,000 25,500 55,000 230,000
ABC surplus............................................. 28,788 140,896 104,014 40,488 216,199 128,675
ABC reserve............................................. 28,788 140,896 104,014 40,488 216,199 128,675
CDQ ABC reserve......................................... 3,080 15,076 11,129 4,332 23,133 13,768
[[Page 11640]]
Amendment 80 ABC reserve................................ 25,708 125,820 92,885 36,156 193,066 114,907
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The 2023 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until
eligible participants apply for participation in the program by November 1, 2022.
PSC Limits for Halibut, Salmon, Crab, and Herring
Section 679.21, at paragraphs (b), (e), (f), and (g), sets forth
the BSAI PSC limits. Pursuant to Sec. 679.21(b)(1), the annual BSAI
halibut PSC limits total 3,515 mt. Section 679.21(b)(1) allocates 315
mt of the halibut PSC limit as the PSQ reserve for use by the
groundfish CDQ program, 1,745 mt of the halibut PSC limit for the
Amendment 80 sector, 745 mt of the halibut PSC limit for the BSAI trawl
limited access sector, and 710 mt of the halibut PSC limit for the BSAI
non-trawl sector.
Section 679.21, at (b)(1)(iii)(A) and (B), authorizes apportionment
of the BSAI non-trawl halibut PSC limit into PSC allowances among six
fishery categories in Table 17, and Sec. 679.21, at (b)(1)(ii)(A) and
(B), (e)(3)(i)(B), and (e)(3)(iv), requires apportionment of the trawl
PSC limits in Tables 15 and 16 into PSC allowances among seven fishery
categories.
Pursuant to Section 3.6 of the FMP, the Council recommends, and
NMFS agrees, that certain specified non-trawl fisheries be exempt from
the halibut PSC limit. As in past years, after consultation with the
Council, NMFS exempts the pot gear fishery, the jig gear fishery, and
the sablefish IFQ hook-and-line gear fishery categories from halibut
bycatch restrictions for the following reasons: (1) The pot gear
fisheries have low halibut bycatch mortality; (2) NMFS estimates
halibut mortality for the jig gear fleet to be negligible because of
the small size of the fishery and the selectivity of the gear; and (3)
the sablefish and halibut IFQ fisheries have low halibut bycatch
mortality because the IFQ program requires that legal-size halibut be
retained by vessels using fixed gear if a halibut IFQ permit holder or
a hired master is aboard and is holding unused halibut IFQ for that
vessel category and the IFQ regulatory area in which the vessel is
operating (Sec. 679.7(f)(11)).
The 2021 total groundfish catch for the pot gear fishery in the
BSAI was 35,409 mt, with an associated halibut bycatch mortality of 7
mt. The 2021 jig gear fishery harvested about 20 mt of groundfish. Most
vessels in the jig gear fleet are exempt from observer coverage
requirements. As a result, observer data are not available on halibut
bycatch in the jig gear fishery. As mentioned above, NMFS estimates a
negligible amount of halibut bycatch mortality because of the selective
nature of jig gear and the low mortality rate of halibut caught with
jig gear and released.
Under Sec. 679.21(f)(2), NMFS annually allocates portions of
either 33,318, 45,000, 47,591, or 60,000 Chinook salmon PSC limits
among the AFA sectors, depending on past bycatch performance, on
whether Chinook salmon bycatch incentive plan agreements (IPAs) are
formed and approved by NMFS, and on whether NMFS determines it is a low
Chinook salmon abundance year. NMFS will determine that it is a low
Chinook salmon abundance year when abundance of Chinook salmon in
western Alaska is less than or equal to 250,000 Chinook salmon. The
State of Alaska provides to NMFS an estimate of Chinook salmon
abundance using the 3-System Index for western Alaska based on the
Kuskokwim, Unalakleet, and Upper Yukon aggregate stock grouping.
If an AFA sector participates in an approved IPA and has not
exceeded its performance standard under Sec. 679.21(f)(6), and if it
is not a low Chinook salmon abundance year, then NMFS will allocate a
portion of the 60,000 Chinook salmon PSC limit to that sector as
specified in Sec. 679.21(f)(3)(iii)(A). If no IPA is approved, or if
the sector has exceeded its performance standard under Sec.
679.21(f)(6), and if it is not a low abundance year, then NMFS will
allocate a portion of the 47,591 Chinook salmon PSC limit to that
sector as specified in Sec. 679.21(f)(3)(iii)(C). If an AFA sector
participates in an approved IPA and has not exceeded its performance
standard under Sec. 679.21(f)(6), in a low abundance year, then NMFS
will allocate a portion of the 45,000 Chinook salmon PSC limit to that
sector as specified in Sec. 679.21(f)(3)(iii)(B). If no IPA is
approved, or if the sector has exceeded its performance standard under
Sec. 679.21(f)(6), and if in a low abundance year, then NMFS will
allocate a portion of the 33,318 Chinook salmon PSC limit to that
sector as specified in Sec. 679.21(f)(3)(iii)(D).
NMFS has determined that 2021 was a low Chinook salmon abundance
year, based on the State's estimate that Chinook salmon abundance in
western Alaska is less than 250,000 Chinook salmon. Therefore, in 2022,
the Chinook salmon PSC limit is 45,000 Chinook salmon, allocated to
each sector as specified in Sec. 679.21(f)(3)(iii)(B). The AFA sector
Chinook salmon PSC limits are also seasonally apportioned with 70
percent for the A season pollock fishery, and 30 percent for the B
season pollock fishery (Sec. Sec. 679.21(f)(3)(i) and 679.23(e)(2)).
In 2022, the Chinook salmon bycatch performance standard under Sec.
679.21(f)(6) is 33,318 Chinook salmon, allocated to each sector as
specified in Sec. 679.21(f)(3)(iii)(D).
NMFS publishes the approved IPAs, allocations, and reports at
https://alaskafisheries.noaa.gov/sustainablefisheries/bycatch/default.htm.
Section 679.21(g)(2)(i) specifies 700 fish as the 2022 and 2023
Chinook salmon PSC limit for the AI pollock fishery. Section
679.21(g)(2)(ii) allocates 7.5 percent, or 53 Chinook salmon, as the AI
PSQ reserve for the CDQ program, and allocates the remaining 647
Chinook salmon to the non-CDQ fisheries.
Section 679.21(f)(14)(i) specifies 42,000 fish as the 2022 and 2023
non-Chinook salmon PSC limit for vessels using trawl gear from August
15 through October 14 in the Catcher Vessel Operational Area (CVOA).
Section 679.21(f)(14)(ii) allocates 10.7 percent, or 4,494 non-Chinook
salmon, in the CVOA as the PSQ reserve for the CDQ program, and
allocates the remaining 37,506 non-Chinook salmon in the CVOA to the
non-CDQ fisheries.
PSC limits for crab and herring are specified annually based on
abundance and spawning biomass. Section 679.21(e)(3)(i)(A)(1) allocates
10.7
[[Page 11641]]
percent from each trawl gear PSC limit specified for crab as a PSQ
reserve for use by the groundfish CDQ program.
Based on the most recent (2021) survey data, the red king crab
mature female abundance is estimated at 6.432 million red king crabs,
and the effective spawning biomass is estimated at 25.120 million lbs
(9,463 mt). Based on the criteria set out at Sec. 679.21(e)(1)(i), the
2022 and 2023 PSC limit of red king crab in Zone 1 for trawl gear is
32,000 animals. This limit derives from the mature female abundance
estimate below 8.4 million mature red king crab.
Section 679.21(e)(3)(ii)(B)(2) establishes criteria under which
NMFS must specify an annual red king crab bycatch limit for the Red
King Crab Savings Subarea (RKCSS) if the State has established a GHL
fishery for red king crab in the Bristol Bay area in the previous year.
The State's Department of Fish and Game (ADF&G) and NMFS have reviewed
the final 2021 NMFS trawl survey data for the Bristol Bay red king crab
stock. The stock is estimated to be below the regulatory threshold for
opening a fishery. Therefore, the State did not establish a GHL for the
Bristol Bay red king crab fishery, and the fishery will remain closed
for the 2021/2022 crab season. For this reason, NMFS closed directed
fishing for vessels using non-pelagic trawl gear in the RKCSS for 2022
(87 FR 2558, January 18, 2022). And, NMFS and the Council will not
specify an amount of the red king crab bycatch limit, annually
established under Sec. 679.21(e)(1)(i), for the RKCSS. NMFS and the
Council will assess the RKCSS closure for 2023 based on whether the
State's ADF&G establishes a GHL for the 2022/2023 red king crab fishery
in the Bristol Bay area.
Based on the most recent (2021) survey data, Tanner crab
(Chionoecetes bairdi) abundance is estimated at 385 million animals.
Pursuant to criteria set out at Sec. 679.21(e)(1)(ii), the calculated
2022 and 2023 C. bairdi crab PSC limit for trawl gear is 830,000
animals in Zone 1, and 2,520,000 animals in Zone 2. The limit in Zone 1
is based on the abundance of C. bairdi estimated at 385 million
animals, which is greater than 270 million animals but less than 400
million animals. The limit in Zone 2 is based on the abundance of C.
bairdi estimated at 385 million animals, which is greater than 290
million animals but less than 400 million animals.
Pursuant to Sec. 679.21(e)(1)(iii), the PSC limit for trawl gear
for snow crab (Chionoecetes opilio) is based on total abundance as
indicated by the NMFS annual bottom trawl survey. The C. opilio crab
PSC limit in the C. opilio bycatch limitation zone (COBLZ) is set at
0.1133 percent of the BS abundance index minus 150,000 crabs, unless
the minimum or maximum PSC limit applies. Based on the most recent
(2021) survey estimate of 1.42 billion animals, the calculated C.
opilio crab PSC limit is 1,608,860 animals. Because 0.1133 percent
multiplied by the total abundance is less than 4.5 million, the minimum
PSC limit applies and the PSC limit will be 4.350 million animals.
Pursuant to Sec. 679.21(e)(1)(v), the PSC limit of Pacific herring
caught while conducting any trawl operation for BSAI groundfish is 1
percent of the annual eastern BS herring biomass. The best estimate of
2022 and 2023 herring biomass is 381,876 mt. This amount was developed
by the Alaska Department of Fish and Game based on biomass for spawning
aggregations. Therefore, the herring PSC limit for 2022 and 2023 is
3,819 mt for all trawl gear as listed in Tables 14 and 15.
Section 679.21(e)(3)(i)(A) requires that PSQ reserves be subtracted
from the total trawl gear crab PSC limits. The crab and halibut PSC
limits apportioned to the Amendment 80 and BSAI trawl limited access
sectors are listed in Table 35 to 50 CFR part 679. The resulting 2022
and 2023 allocations of PSC limit to CDQ PSQ reserves, the Amendment 80
sector, and the BSAI trawl limited access sector are listed in Table
14. Pursuant to Sec. Sec. 679.21(b)(1)(i), 679.21(e)(3)(vi), and
679.91(d) through (f), crab and halibut trawl PSC limits assigned to
the Amendment 80 sector are then further allocated to Amendment 80
cooperatives as cooperative quota. Crab and halibut PSC cooperative
quota assigned to Amendment 80 cooperatives is not allocated to
specific fishery categories. In 2022, there are no vessels in the
Amendment 80 limited access sector and there is one Amendment 80
cooperative. The 2023 PSC allocations between Amendment 80 cooperatives
and the Amendment 80 limited access sector will not be known until
eligible participants apply for participation in the program by
November 1, 2022. Section 679.21(e)(3)(i)(B) requires that NMFS, after
consultation with the Council, apportion each trawl PSC limit for crab
and herring not assigned to CDQ PSQ reserves or Amendment 80
cooperatives into PSC bycatch allowances for seven specified fishery
categories in Sec. 679.21(e)(3)(iv).
Sections 679.21(b)(2) and (e)(5) authorize NMFS, after consulting
with the Council, to establish seasonal apportionments of halibut and
crab PSC amounts for the BSAI trawl limited access and non-trawl
sectors in order to maximize the ability of the fleet to harvest the
available groundfish TAC and to minimize bycatch. The factors to be
considered are (1) seasonal distribution of prohibited species, (2)
seasonal distribution of target groundfish species relative to
prohibited species distribution, (3) PSC bycatch needs on a seasonal
basis relevant to prohibited species biomass and expected catches of
target groundfish species, (4) expected variations in bycatch rates
throughout the year, (5) expected changes in directed groundfish
fishing seasons, (6) expected start of fishing effort, and (7) economic
effects of establishing seasonal prohibited species apportionments on
segments of the target groundfish industry. Based on this criteria, the
Council recommended and NMFS approves the seasonal PSC apportionments
in Tables 16 and 17 to maximize harvest among gear types, fisheries,
and seasons while minimizing bycatch of PSC.
Table 14--Final 2022 and 2023 Apportionment of Prohibited Species Catch Allowances to Non-Trawl Gear, The CDQ Program, Amendment 80, and the BSAI Trawl
Limited Access Sectors
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trawl PSC BSAI trawl BSAI PSC
Non-trawl CDQ PSQ remaining Amendment limited limits not
PSC species and area and zone \1\ Total PSC PSC reserve \2\ after CDQ 80 sector access allocated
PSQ \3\ sector \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Halibut mortality (mt) BSAI.................................. 3,515 710 315 n/a 1,745 745 ...........
Herring (mt) BSAI............................................ 3,819 n/a n/a n/a n/a n/a ...........
Red king crab (animals) Zone 1............................... 32,000 n/a 3,424 28,576 14,282 8,739 5,555
C. opilio (animals) COBLZ.................................... 4,350,000 n/a 465,450 3,884,550 1,909,256 1,248,494 726,799
C. bairdi crab (animals) Zone 1.............................. 830,000 n/a 88,810 741,190 312,115 348,285 80,790
[[Page 11642]]
C. bairdi crab (animals) Zone 2.............................. 2,520,000 n/a 269,640 2,250,360 532,660 1,053,394 664,306
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas and zones.
\2\ The PSQ reserve for crab species is 10.7 percent of each crab PSC limit.
\3\ The Amendment 80 program reduced apportionment of the trawl PSC limits for crab below the total PSC limit. These reductions are not apportioned to
other gear types or sectors.
Table 15--Final 2022 and 2023 Herring and Red King Crab Savings Subarea
Prohibited Species Catch Allowances for All Trawl Sectors
------------------------------------------------------------------------
Red king crab
Fishery categories Herring (mt) BSAI (animals) zone 1
------------------------------------------------------------------------
Yellowfin sole.............. 222 n/a
Rock sole/flathead sole/ 110 n/a
Alaska plaice/other
flatfish \1\...............
Greenland turbot/arrowtooth 11 n/a
flounder/Kamchatka flounder/
sablefish..................
Rockfish.................... 11 n/a
Pacific cod................. 20 n/a
Midwater trawl pollock...... 3,400 n/a
Pollock/Atka mackerel/other 45 n/a
species \2\ \3\............
2022 Red king crab savings n/a ....................
subarea non-pelagic trawl
gear \4\...................
2023 Red king crab savings n/a 8,000
subarea non-pelagic trawl
gear \5\...................
-------------------------------------------
Total trawl PSC......... 3,819 32,000
------------------------------------------------------------------------
\1\ ``Other flatfish'' for PSC monitoring includes all flatfish species,
except for halibut (a prohibited species), Alaska plaice, arrowtooth
flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock
sole, and yellowfin sole.
\2\ Pollock other than midwater trawl pollock, Atka mackerel, and
``other species'' fishery category.
\3\ ``Other species'' for PSC monitoring includes skates, sharks, and
octopuses.
\4\ Section 679.21(e)(3)(ii)(B) establishes criteria under which an
annual red king crab bycatch limit must be specified for the Red King
Crab Savings Subarea (RKCSS) if the State has established a GHL
fishery for red king crab in the Bristol Bay area in the previous
year. Based on the final 2021 NMFS trawl survey data for the Bristol
Bay red king crab stock, the State of Alaska closed the Bristol Bay
red king crab fishery for the 2021/2022 crab season. NMFS and the
Council will not specify the red king crab bycatch limit for the RKCSS
in 2022, and pursuant to Sec. 679.21(e)(3)(ii)(B)(1) directed
fishing for groundfish is prohibited for vessels using non-pelagic
trawl gear in the RKCSS for 2022.
\5\ If the Bristol Bay red king crab fishery remains closed in the 2022/
2023 crab season, the RKCSS specification will be zero. If the Bristol
Bay red king crab fishery is open in the 2022/2023 crab season, NMFS,
after consultation with the Council, will specify an annual red king
crab bycatch limit for the RKCSS, which is limited by regulation to up
to 25 percent of the red king crab PSC allowance (Sec.
679.21(e)(3)(ii)(B)(2)).
Note: Species allowances may not total precisely due to rounding.
Table 16--Final 2022 and 2023 Prohibited Species Bycatch Allowances for the BSAI Trawl Limited Access Sector
----------------------------------------------------------------------------------------------------------------
Prohibited species and area and zone \1\
-----------------------------------------------------------------------
BSAI trawl limited access fisheries Halibut Red king crab C. opilio C. bairdi (animals)
mortality (mt) (animals) zone (animals) -------------------------
BSAI 1 COBLZ Zone 1 Zone 2
----------------------------------------------------------------------------------------------------------------
Yellowfin sole.......................... 265 7,700 1,192,179 293,234 1,005,879
Rock sole/flathead sole/Alaska plaice/ .............. ............... ........... ........... ...........
other flatfish \2\.....................
Greenland turbot/arrowtooth flounder/ .............. ............... ........... ........... ...........
Kamchatka flounder/sablefish...........
Rockfish April 15-December 31........... 5 ............... 1,006 ........... 849
Pacific cod............................. 300 975 50,281 50,816 42,424
Pollock/Atka mackerel/other species \3\. 175 65 5,028 4,235 4,243
-----------------------------------------------------------------------
Total BSAI trawl limited access PSC. 745 8,739 1,248,494 348,285 1,053,394
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas and zones.
\2\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole,
and yellowfin sole.
\3\ ``Other species'' for PSC monitoring includes skates, sharks, and octopuses.
Note: Seasonal or sector allowances may not total precisely due to rounding.
[[Page 11643]]
Table 17--Final 2022 and 2023 Halibut Prohibited Species Bycatch Allowances for Non-Trawl Fisheries Halibut
Mortality (mt) BSAI
----------------------------------------------------------------------------------------------------------------
Catcher/ Catcher
Non-trawl fisheries Seasons processor vessel All non-trawl
----------------------------------------------------------------------------------------------------------------
Pacific cod........................... Total Pacific cod....... 648 13 661
January 1-June 10.... 388 9 n/a
June 10-August 15.... 162 2 n/a
August 15-December 31 98 2 n/a
Non-Pacific cod non-trawl--Total...... May 1-December 31.... n/a n/a 49
Groundfish pot and jig................ n/a..................... n/a n/a Exempt
Sablefish hook-and-line............... n/a..................... n/a n/a Exempt
-------------------------------------------------------------------------
Total for all non-trawl PSC....... n/a..................... n/a n/a 710
----------------------------------------------------------------------------------------------------------------
Note: Seasonal or sector allowances may not total precisely due to rounding.
Estimates of Halibut Biomass and Stock Condition
The International Pacific Halibut Commission (IPHC) annually
assesses the abundance and potential yield of the Pacific halibut stock
using all available data from the commercial and sport fisheries, other
removals, and scientific surveys. Additional information on the Pacific
halibut stock assessment may be found in the IPHC's 2021 Pacific
halibut stock assessment (December 2021), available on the IPHC website
at www.iphc.int. The IPHC considered the 2021 Pacific halibut stock
assessment at its January 2022 annual meeting when it set the 2022
commercial halibut fishery catch limits.
Halibut Discard Mortality Rates
To monitor halibut bycatch mortality allowances and apportionments,
the Regional Administrator uses observed halibut incidental catch
rates, halibut discard mortality rates (DMRs), and estimates of
groundfish catch to project when a fishery's halibut bycatch mortality
allowance or seasonal apportionment is reached. Halibut incidental
catch rates are based on observers' estimates of halibut incidental
catch in the groundfish fishery. DMRs are estimates of the proportion
of incidentally caught halibut that do not survive after being returned
to the sea. The cumulative halibut mortality that accrues to a
particular halibut PSC limit is the product of a DMR multiplied by the
estimated halibut PSC. DMRs are estimated using the best scientific
information available in conjunction with the annual BSAI stock
assessment process. The DMR methodology and findings are included as an
appendix to the annual BSAI groundfish SAFE report.
In 2016, the DMR estimation methodology underwent revisions per the
Council's directive. An interagency halibut working group (IPHC,
Council, and NMFS staff) developed improved estimation methods that
have undergone review by the Plan Team, SSC, and the Council. A summary
of the revised methodology is included in the BSAI proposed 2017 and
2018 harvest specifications (81 FR 87863, December 6, 2016), and the
comprehensive discussion of the working group's statistical methodology
is available from the Council (see ADDRESSES). The DMR working group's
revised methodology is intended to improve estimation accuracy,
transparency, and transferability used for calculating DMRs. The
working group will continue to consider improvements to the methodology
used to calculate halibut mortality, including potential changes to the
reference period (the period of data used for calculating the DMRs).
Future DMRs may change based on additional years of observer sampling,
which could provide more recent and accurate data and which could
improve the accuracy of estimation and progress on methodology. The
methodology will continue to ensure that NMFS is using DMRs that more
accurately reflect halibut mortality, which will inform the different
sectors of their estimated halibut mortality and allow specific sectors
to respond with methods that could reduce mortality and, eventually,
the DMR for that sector.
At the December 2021 meeting, the SSC, AP, and the Council
concurred with the revised DMR estimation methodology, and NMFS adopts
for 2022 and 2023 the DMRs calculated under the revised methodology,
which uses an updated 2-year reference period. The final 2022 and 2023
DMRs in this rule are unchanged from the DMRs in the proposed 2022 and
2023 harvest specifications (86 FR 68608, December 3, 2021). Table 18
lists these final 2022 and 2023 DMRs.
Table 18--2022 and 2023 Pacific Halibut Discard Mortality Rates (DMR)
for the BSAI
------------------------------------------------------------------------
Halibut discard
Gear Sector mortality rate
(percent)
------------------------------------------------------------------------
Pelagic trawl................. All.................. 100
Non-pelagic trawl............. Mothership and 84
catcher/processor.
Non-pelagic trawl............. Catcher vessel....... 62
Hook-and-line................. Catcher/processor.... 10
Hook-and-line................. Catcher vessel....... 10
Pot........................... All.................. 33
------------------------------------------------------------------------
Directed Fishing Closures
In accordance with Sec. 679.20(d)(1)(i), the Regional
Administrator may establish a DFA for a species or species group if the
Regional Administrator determines that any allocation or apportionment
of a target species has been or will be reached. If the Regional
Administrator establishes a DFA, and that allowance is or will be
reached before the end of the fishing year, NMFS
[[Page 11644]]
will prohibit directed fishing for that species or species group in the
specified subarea, regulatory area, or district (see Sec.
679.20(d)(1)(iii)). Similarly, pursuant to Sec. 679.21(b)(4) and
(e)(7), if the Regional Administrator determines that a fishery
category's bycatch allowance of halibut, red king crab, C. bairdi crab,
or C. opilio crab for a specified area has been reached, the Regional
Administrator will prohibit directed fishing for each species or
species group in that fishery category in the area specified by
regulation for the remainder of the season or fishing year.
Based on historic catch patterns and anticipated fishing activity,
the Regional Administrator has determined that the groundfish
allocation amounts in Table 19 will be necessary as incidental catch to
support other anticipated groundfish fisheries for the 2022 and 2023
fishing years. Consequently, in accordance with Sec. 679.20(d)(1)(i),
the Regional Administrator establishes the DFA for the species and
species groups in Table 19 as zero mt. Therefore, in accordance with
Sec. 679.20(d)(1)(iii), NMFS is prohibiting directed fishing for these
sectors and species or species groups in the specified areas effective
at 1200 hours, A.l.t., March 2, 2022, through 2400 hours, A.l.t.,
December 31, 2023. Also, for the BSAI trawl limited access sector,
bycatch allowances of halibut, red king crab, C. bairdi crab, and C.
opilio crab listed in Table 19 are insufficient to support directed
fisheries. Therefore, in accordance with Sec. Sec. 679.21(b)(4)(i) and
(e)(7), NMFS is prohibiting directed fishing for these sectors,
species, and fishery categories in the specified areas effective at
1200 hours, A.l.t., March 2, 2022, through 2400 hours, A.l.t., December
31, 2023.
Table 19--2022 and 2023 Directed Fishing Closures \1\
[Groundfish and halibut amounts are in metric tons. Crab amounts are in number of animals.]
----------------------------------------------------------------------------------------------------------------
2022 2023
Incidental Incidental
Area Sector Species catch catch
allowance allowance
----------------------------------------------------------------------------------------------------------------
Bogoslof District................... All.................... Pollock................ 250 250
Aleutian Islands subarea............ All.................... Greenland Turbot....... 877 764
Aleutian Islands subarea............ All.................... ICA pollock............ 2,500 2,500
....................... ``Other rockfish'' \2\. 394 394
Aleutian Islands subarea............ Trawl non-CDQ.......... Sablefish.............. 1,373 1,655
Eastern Aleutian District/Bering Sea Non-amendment 80, CDQ, ICA Atka mackerel...... 800 800
and BSAI trawl limited
access.
Eastern Aleutian District/Bering Sea All.................... Blackspotted/Rougheye 277 284
rockfish.
Eastern Aleutian District........... Non-amendment 80, CDQ, ICA Pacific ocean perch 100 100
and BSAI trawl limited
access.
Central Aleutian District........... Non-amendment 80, CDQ, ICA Atka mackerel...... 75 75
and BSAI trawl limited ICA Pacific ocean perch 60 60
access.
Western Aleutian District........... Non-amendment 80, CDQ ICA Atka mackerel...... 20 20
and BSAI trawl limited ICA Pacific ocean perch 10 10
access.
Western and Central Aleutian All.................... Blackspotted/Rougheye 150 156
Districts. rockfish.
Bering Sea subarea.................. Trawl non-CDQ.......... Sablefish.............. 2,237 2,775
Bering Sea subarea.................. All.................... Pacific ocean perch.... 8,799 8,463
``Other rockfish''\2\.. 638 781
ICA pollock............ 49,500 49,500
Bering Sea and Aleutian Islands..... All.................... Shortraker rockfish.... 460 460
Skates................. 25,500 25,500
Sharks................. 425 425
Octopuses.............. 595 595
Hook-and-line and pot ICA Pacific cod........ 400 400
gear.
Non-amendment 80 and ICA flathead sole...... 3,000 3,000
CDQ.
ICA rock sole.......... 6,000 6,000
Non-amendment 80, CDQ, ICA yellowfin sole..... 4,000 4,000
and BSAI trawl limited
access.
BSAI trawl limited Rock sole/flathead sole/ ........... ...........
access. other flatfish--
halibut mortality, red
king crab Zone 1, C.
opilio COBLZ, C.
bairdi Zone 1 and 2.
Turbot/arrowtooth/ ........... ...........
Kamchatka/sablefish--
halibut mortality, red
king crab Zone 1, C.
opilio COBLZ, C.
bairdi Zone 1 and 2.
Rockfish--red king crab ........... ...........
Zone 1.
----------------------------------------------------------------------------------------------------------------
\1\ Maximum retainable amounts may be found in Table 11 to 50 CFR part 679.
\2\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean
perch, northern rockfish, blackspotted/rougheye rockfish, and shortraker rockfish.
Closures implemented under the final 2021 and 2022 BSAI harvest
specifications for groundfish (86 FR 11449, February 25, 2021) remain
effective under authority of these final 2022 and 2023 harvest
specifications and until the date specified in those closure notices.
Closures are posted at the following website under the Alaska filter
for Management Area: https://www.fisheries.noaa.gov/rules-and-announcements/bulletins. While these closures are in effect, the
maximum retainable amounts at Sec. 679.20(e) and (f) apply at any time
during a fishing trip. These closures to directed fishing are in
addition to closures and prohibitions found at 50 CFR part 679.
[[Page 11645]]
Listed AFA Catcher/Processor Sideboard Limits
Pursuant to Sec. 679.64(a), the Regional Administrator is
responsible for restricting the ability of listed AFA CPs to engage in
directed fishing for groundfish species other than pollock to protect
participants in other groundfish fisheries from adverse effects
resulting from the AFA fishery and from fishery cooperatives in the
directed pollock fishery. These restrictions are set out as sideboard
limits on catch. On February 8, 2019, NMFS published a final rule (84
FR 2723) that implemented regulations to prohibit non-exempt AFA CPs
from directed fishing for groundfish species or species groups subject
to sideboard limits (see Sec. 679.20(d)(1)(iv)(D) and Table 54 to 50
CFR part 679). Section 679.64(a)(1)(v) exempts AFA CPs from a yellowfin
sole sideboard limit because the final 2022 and 2023 aggregate ITAC of
yellowfin sole assigned to the Amendment 80 sector and BSAI trawl
limited access sector is greater than 125,000 mt.
Section 679.64(a)(2) and Tables 40 and 41 to 50 CFR part 679
establish a formula for calculating PSC sideboard limits for halibut
and crab caught by listed AFA CPs. The basis for these sideboard limits
is described in detail in the final rules implementing the major
provisions of the AFA (67 FR 79692, December 30, 2002) and Amendment 80
(72 FR 52668, September 14, 2007). PSC species listed in Table 20 that
are caught by listed AFA CPs participating in any groundfish fishery
other than pollock will accrue against the final 2022 and 2023 PSC
sideboard limits for the listed AFA CPs. Section 679.21(b)(4)(iii),
(e)(3)(v), and (e)(7) authorizes NMFS to close directed fishing for
groundfish other than pollock for listed AFA CPs once a final 2022 or
2023 PSC sideboard limit listed in Table 20 is reached. Pursuant to
Sec. 679.21(b)(1)(ii)(C) and (e)(3)(ii)(C), halibut or crab PSC by
listed AFA CPs while fishing for pollock will accrue against the PSC
allowances annually specified for the pollock/Atka mackerel/``other
species'' fishery categories, according to Sec. 679.21(b)(1)(ii)(B)
and (e)(3)(iv).
Table 20--Final 2022 and 2023 BSAI AFA Listed Catcher/Processor Prohibited Species Sideboard Limits
----------------------------------------------------------------------------------------------------------------
2022 and 2023 PSC
available to trawl 2022 and 2023 AFA
PSC species and area \1\ Ratio of PSC catch vessels after catcher/processor
to total PSC subtraction of PSQ sideboard limit \2\
\2\
----------------------------------------------------------------------------------------------------------------
Halibut mortality BSAI........................ n/a n/a 286
Red king crab Zone 1.......................... 0.0070 28,576 200
C. opilio (COBLZ)............................. 0.1530 3,884,550 594,336
C. bairdi Zone 1.............................. 0.1400 741,190 103,767
C. bairdi Zone 2.............................. 0.0500 2,250,360 112,518
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas.
\2\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
AFA Catcher Vessel Sideboard Limits
Pursuant to Sec. 679.64(b), the Regional Administrator is
responsible for restricting the ability of AFA CVs to engage in
directed fishing for groundfish species other than pollock to protect
participants in other groundfish fisheries from adverse effects
resulting from the AFA fishery and from fishery cooperatives in the
pollock directed fishery. On February 8, 2019, NMFS published a final
rule (84 FR 2723) that implemented regulations to prohibit non-exempt
AFA C/Vs from directed fishing for a majority of the groundfish species
or species groups subject to sideboard limits (see Sec.
679.20(d)(1)(iv)(D) and Table 55 to 50 CFR part 679). Section
679.64(b)(6) exempts AFA CVs from a yellowfin sole sideboard limit
because the 2022 and 2023 aggregate ITAC of yellowfin sole assigned to
the Amendment 80 sector and BSAI trawl limited access sector is greater
than 125,000 mt. The remainder of the sideboard limits for non-exempt
AFA C/Vs are in Table 21.
Section 679.64(b)(3) and (b)(4) and Tables 40 and 41 to 50 CFR part
679 establish formulas for setting AFA CV groundfish and halibut and
crab PSC sideboard limits for the BSAI. The basis for these sideboard
limits is described in detail in the final rules implementing the major
provisions of the AFA (67 FR 79692, December 30, 2002) and Amendment 80
(72 FR 52668, September 14, 2007). Table 21 lists the final 2022 and
2023 AFA CV groundfish sideboard limits.
Table 21--Final 2022 and 2023 BSAI Pacific Cod Sideboard Limits for American Fisheries Act Catcher Vessels (CVs)
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2022 AFA 2023 AFA
Ratio of 1997 2022 Initial catcher vessel 2023 Initial catcher vessel
Fishery by area/gear/season AFA CV catch TAC sideboard TAC sideboard
to 1997 TAC limits limits
----------------------------------------------------------------------------------------------------------------
BSAI............................ n/a n/a n/a n/a n/a
Trawl gear CV................... n/a n/a n/a n/a n/a
Jan 20-Apr 1................ 0.8609 21,944 18,892 21,505 18,514
Apr 1-Jun 10................ 0.8609 3,262 2,808 3,197 2,752
Jun 10-Nov 1................ 0.8609 4,448 3,829 4,359 3,753
----------------------------------------------------------------------------------------------------------------
Note: Section 679.64(b)(6) exempts AFA catcher vessels from a yellowfin sole sideboard limit because the 2022
and 2023 aggregate ITAC of yellowfin sole assigned to the Amendment 80 sector and BSAI trawl limited access
sector is greater than 125,000 mt.
Halibut and crab PSC limits listed in Table 22 that are caught by
AFA CVs participating in any groundfish fishery other than pollock will
accrue against the 2022 and 2023 PSC sideboard limits for the AFA CVs.
Section 679.21, at
[[Page 11646]]
(b)(4)(iii), (e)(3)(v), and (e)(7), authorizes NMFS to close directed
fishing for groundfish other than pollock for AFA CVs once a final 2022
and 2023 PSC sideboard limit listed in Table 22 is reached. Pursuant to
Sec. 679.21(b)(1)(ii)(C) and (e)(3)(ii)(C), halibut or crab PSC by AFA
CVs while fishing for pollock will accrue against the PSC allowances
annually specified for the pollock/Atka mackerel/``other species''
fishery categories under Sec. 679.21(b)(1)(ii)(B) and (e)(3)(iv).
Table 22--Final 2022 and 2023 American Fisheries Act Catcher Vessel Prohibited Species Catch Sideboard Limits
for the Bsai 1
----------------------------------------------------------------------------------------------------------------
AFA catcher 2022 and 2023 PSC 2022 and 2023 AFA
Target fishery vessel PSC limit after catcher vessel
PSC species and area \1\ category \2\ sideboard limit subtraction of PSC sideboard
ratio PSQ reserves \3\ limit \3\
----------------------------------------------------------------------------------------------------------------
Halibut......................... Pacific cod trawl.... n/a n/a 887
Pacific cod hook-and- n/a n/a 2
line or pot.
Yellowfin sole total. n/a n/a 101
Rock sole/flathead n/a n/a 228
sole/Alaska plaice/
other flatfish \4\.
Greenland turbot/ n/a n/a .................
arrowtooth/Kamchatka/
sablefish.
Rockfish............. n/a n/a 2
Pollock/Atka mackerel/ n/a n/a 5
other species \5\.
Red king crab Zone 1............ n/a.................. 0.2990 28,576 8,544
C. opilio COBLZ................. n/a.................. 0.1680 3,884,550 652,604
C. bairdi Zone 1................ n/a.................. 0.3300 741,190 244,593
C. bairdi Zone 2................ n/a.................. 0.1860 2,250,360 418,567
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas.
\2\ Target trawl fishery categories are defined at Sec. 679.21(b)(1)(ii)(B) and (e)(3)(iv).
\3\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
\4\ Other flatfish for PSC monitoring includes all flatfish species, except for halibut (a prohibited species),
Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and
yellowfin sole.
\5\ ``Other species'' for PSC monitoring includes skates, sharks, and octopuses.
Response to Comments
NMFS received no comments during the public comment period for the
proposed BSAI groundfish harvest specifications.
Classification
NMFS has determined that the final harvest specifications are
consistent with the FMP and with the Magnuson-Stevens Act and other
applicable laws.
This action is authorized under 50 CFR 679.20 and is exempt from
review under Executive Order 12866.
NMFS prepared an EIS for the Alaska groundfish harvest
specifications and alternative harvest strategies (see ADDRESSES) and
made it available to the public on January 12, 2007 (72 FR 1512). On
February 13, 2007, NMFS issued the Record of Decision (ROD) for the
Final EIS. In January 2022, NMFS prepared a Supplementary Information
Report (SIR) for this action to provide a subsequent assessment of the
action and to address the need to prepare a Supplemental EIS (SEIS) (40
CFR 1501.11(b); Sec. 1502.9(d)(1)). Copies of the Final EIS, ROD, and
annual SIRs for this action are available from NMFS (see ADDRESSES).
The Final EIS analyzes the environmental, social, and economic
consequences of the groundfish harvest specifications and alternative
harvest strategies on resources in the action area. Based on the
analysis in the Final EIS, NMFS concluded that the preferred
alternative (Alternative 2) provides the best balance among relevant
environmental, social, and economic considerations and allows for
continued management of the groundfish fisheries based on the most
recent, best scientific information. The preferred alternative is a
harvest strategy in which TACs are set at a level within the range of
ABCs recommended by the Council's SSC; the sum of the TACs must achieve
the OY specified in the FMP. While the specific numbers that the
harvest strategy produces may vary from year to year, the methodology
used for the preferred harvest strategy remains constant.
The latest annual SIR evaluated the need to prepare a SEIS for the
2022 and 2023 groundfish harvest specifications. An SEIS should be
prepared if (1) the agency makes substantial changes in the proposed
action that are relevant to environmental concerns; or (2) significant
new circumstances or information exist relevant to environmental
concerns and bearing on the proposed action or its impacts (40 CFR
1502.9(d)(1)). After reviewing the information contained in the SIR and
SAFE report, the Regional Administrator has determined that (1)
approval of the 2022 and 2023 harvest specifications, which were set
according to the preferred harvest strategy in the Final EIS, does not
constitute a substantial change in the action; and (2) there are no
significant new circumstances or information relevant to environmental
concerns and bearing on the action or its impacts. Additionally, the
2022 and 2023 harvest specifications will result in environmental,
social, and economic impacts within the scope of those analyzed and
disclosed in the Final EIS. Therefore, an SEIS is not necessary to
implement the 2022 and 2023 harvest specifications.
A final regulatory flexibility analysis (FRFA) was prepared.
Section 604 of the Regulatory Flexibility Act (RFA) (5 U.S.C. 604)
requires that, when an agency promulgates a final rule under 5 U.S.C.
553, after being required by that section, or any other law, to publish
a general notice of proposed rulemaking, the agency shall prepare a
FRFA. The following constitutes the FRFA prepared in this final action.
Section 604 of the RFA describes the required contents of a FRFA:
(1) A statement of the need for, and objectives of, the rule; (2) a
statement of the significant issues raised by the public comments in
response to the initial regulatory flexibility analysis, a statement of
the assessment of the agency of such issues, and a statement of any
changes made in the proposed rule as a result of such comments; (3) the
response of the agency to any comments filed by the Chief Counsel for
Advocacy of the Small Business Administration in response to the
proposed rule, and a detailed statement of any change made to the
proposed rule in the final rule as a result of the comments; (4) a
description of and an
[[Page 11647]]
estimate of the number of small entities to which the rule will apply
or an explanation of why no such estimate is available; (5) a
description of the projected reporting, recordkeeping, and other
compliance requirements of the rule, including an estimate of the
classes of small entities which will be subject to the requirement and
the type of professional skills necessary for preparation of the report
or record; and (6) a description of the steps the agency has taken to
minimize the significant economic impact on small entities consistent
with the stated objectives of applicable statutes, including a
statement of the factual, policy, and legal reasons for selecting the
alternative adopted in the final rule and why each one of the other
significant alternatives to the rule considered by the agency that
affect the impact on small entities was rejected.
A description of this action, its purpose, and its legal basis are
included at the beginning of the preamble to this final rule and are
not repeated here.
NMFS published the proposed rule on December 3, 2021 (86 FR 68608).
NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA) to
accompany the proposed action, and included the IRFA in the proposed
rule. The comment period closed on January 3, 2022. No comments were
received on the IRFA or on the economic impacts of the rule more
generally. The Chief Counsel for Advocacy of the Small Business
Administration did not file any comments on the proposed rule.
The entities directly regulated by this action are those that
harvest groundfish in the exclusive economic zone of the BSAI and in
parallel fisheries within State waters. These include entities
operating catcher vessels and catcher/processors within the action area
and entities receiving direct allocations of groundfish.
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
engaged in commercial fishing (NAICS code 11411) is classified as a
small business if it is independently owned and operated, is not
dominant in its field of operation (including its affiliates), and has
combined annual gross receipts not in excess of $11 million for all its
affiliated operations worldwide.
Using the most recent data available (2020), the estimated number
of directly regulated small entities includes approximately 155 catcher
vessels, 4 catcher/processors, and six CDQ groups. Some of these
vessels are members of AFA inshore pollock cooperatives, Gulf of Alaska
rockfish cooperatives, or BSAI Crab Rationalization Program
cooperatives, and, since under the RFA the aggregate gross receipts of
all participating members of the cooperative must meet the ``under $11
million'' threshold, the cooperatives are considered to be large
entities within the meaning of the RFA. Thus, the estimate of 155
catcher vessels may be an overstatement of the number of small
entities. Average gross revenues in 2020 were $530,000 for small hook-
and-line vessels, $1.1 million for small pot vessels, $2.8 million for
small trawl vessels, $6.6 million for hook-and-line CPs, and $3.1
million for pot gear CPs.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
This action implements the final 2022 and 2023 harvest
specifications, apportionments, and prohibited species catch limits for
the groundfish fishery of the BSAI. This action is necessary to
establish harvest limits for groundfish during the 2022 and 2023
fishing years and is taken in accordance with the FMP prepared by the
Council pursuant to the Magnuson-Stevens Act. The establishment of the
final harvest specifications is governed by the Council's harvest
strategy for the catch of groundfish in the BSAI. The harvest strategy
was previously selected from among five alternatives. Under this
preferred alternative harvest strategy, TACs are set within the range
of ABCs recommended by the SSC; the sum of the TACs must achieve the OY
specified in the FMP; and while the specific TAC numbers that the
harvest strategy produces may vary from year to year, the methodology
used for the preferred harvest strategy remains constant. This final
action implements the preferred alternative harvest strategy previously
chosen by the Council to set TACs that fall within the range of ABCs
recommended through the Council harvest specifications process and as
recommended by the Council. This is the method for determining TACs
that has been used in the past.
The final 2022 and 2023 TACs associated with preferred harvest
strategy are those recommended by the Council in December 2021. OFLs
and ABCs for each species or species group were based on
recommendations prepared by the Council's Plan Team, and reviewed by
the Council's SSC. The Council's TAC recommendations are consistent
with the SSC's OFL and ABC recommendations, and the sum of all TACs
remains within the OY for the BSAI consistent with Sec.
679.20(a)(1)(i)(A). Because setting all TACs equal to ABCs would cause
the sum of TACs to exceed an OY of 2.0 million mt, TACs for some
species or species groups are lower than the ABCs recommended by the
Plan Team and the SSC.
The final 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 final 2022 and 2023
TACs are based on the best available biological and socioeconomic
information. The final 2022 and 2023 OFLs, ABCs, and TACs are
consistent with the biological condition of groundfish stocks as
described in the 2021 SAFE report, which is the most recent, completed
SAFE report. Accounting for the most recent biological information to
set the final OFLs, ABCs, and TACs is consistent with the objectives
for this action, as well as National Standard 2 of the Magnuson-Stevens
Act (16 U.S.C. 1851(a)(2)) that actions shall be based on the best
scientific information available.
Under this action, the ABCs reflect harvest amounts that are less
than the specified overfishing levels. The TACs are within the range of
ABCs recommended by the SSC and do not exceed the biological limits
recommended by the SSC (the ABCs and overfishing levels). For some
species and species groups in the BSAI, the Council recommended, and
NMFS sets, TACs equal to ABCs, which is intended to maximize harvest
opportunities in the BSAI. However, NMFS cannot set TACs for all
species in the BSAI equal to their ABCs due to the constraining OY
limit of 2.0 million mt. For this reason, some final TACs are less than
the final ABCs. These specific reductions were reviewed and recommended
by the Council's AP, and then reviewed and adopted by the Council for
the final 2022 and 2023 TACs.
Based on the best available scientific data, and in consideration
of the Council's objectives for this action, there are no significant
alternatives that have the potential to accomplish the stated
objectives of the Magnuson-Stevens Act and any other applicable
statutes and that have the potential to minimize any significant
adverse economic impact of the final rule on small entities. This
action is economically beneficial to entities operating in the BSAI,
including small entities. The action specifies TACs for commercially-
valuable species in the
[[Page 11648]]
BSAI and allows for the continued prosecution of the fishery, thereby
creating the opportunity for fishery revenue. After public process,
during which the Council solicited input from stakeholders, the Council
concluded that these final harvest specifications would best accomplish
the stated objectives articulated in the preamble for this final rule
and in applicable statutes, and would minimize to the extent
practicable adverse economic impacts on the universe of directly
regulated small entities.
Adverse impacts on marine mammals, or endangered or threatened
species, resulting from fishing activities conducted under this rule
are discussed in the Final EIS and its accompanying annual SIRs (see
ADDRESSES).
Pursuant to 5 U.S.C. 553(d)(3), the Assistant Administrator for
Fisheries, NOAA, finds good cause to waive the 30-day delay in the date
of effectiveness for this rule because delaying this rule is contrary
to the public interest. The Plan Team review of the 2021 SAFE report
occurred in November 2021, and based on the 2021 SAFE report the
Council considered and recommended the final harvest specifications in
December 2021. Accordingly, NMFS's review of the final 2022 and 2023
harvest specifications could not begin until after the December 2021
Council meeting, and after the public had time to comment on the
proposed action.
For all fisheries not currently closed because the TACs established
under the final 2021 and 2022 harvest specifications (86 FR 11449,
February 25, 2021) were not reached, it is possible that they would be
closed prior to the expiration of a 30-day delayed effectiveness period
because their TACs could be reached within that period. If implemented
immediately, this rule would allow these fisheries to continue fishing
because some of the new TACs implemented by this rule are higher than
the TACs under which they are currently fishing.
In addition, immediate effectiveness of this action is required to
provide consistent management and conservation of fishery resources
based on the best available scientific information. This is
particularly pertinent for those species that have lower 2022 ABCs and
TACs than those established in the 2021 and 2022 harvest specifications
(86 FR 11449, February 25, 2021). If implemented immediately, this rule
would ensure that NMFS can properly manage those fisheries for which
this rule sets lower 2022 ABCs and TACs, which are based on the most
recent biological information on the condition of stocks, rather than
managing species under the higher TACs set in the previous year's
harvest specifications.
Certain fisheries, such as those for pollock, are intensive, fast-
paced fisheries. Other fisheries, such as those for sablefish,
flatfish, rockfish, Atka mackerel, skates, sharks, and octopuses, are
critical as directed fisheries and as incidental catch in other
fisheries. U.S. fishing vessels have demonstrated the capacity to catch
the TAC allocations in many of these fisheries. If the date of
effectiveness of this rule were to be delayed 30 days and if a TAC were
to be reached during those 30 days, NMFS would be required to close
directed fishing or prohibit retention for the applicable species. Any
delay in allocating the final TACs in these fisheries would cause
confusion to the industry and potential economic harm through
unnecessary discards, thus undermining the intent of this rule. Waiving
the 30-day delay allows NMFS to prevent economic loss to fishermen that
could otherwise occur should the 2022 TACs (set under the 2021 and 2022
harvest specifications) be reached. Determining which fisheries may
close is nearly impossible because these fisheries are affected by
several factors that cannot be predicted in advance, including fishing
effort, weather, movement of fishery stocks, and market price.
Furthermore, the closure of one fishery has a cascading effect on other
fisheries by freeing-up fishing vessels, allowing them to move from
closed fisheries to open ones, increasing the fishing capacity in those
open fisheries, and causing them to close at an accelerated pace.
In fisheries subject to declining sideboard limits, a failure to
implement the updated sideboard limits before initial season's end
could deny the intended economic protection to the non-sideboard
limited sectors. Conversely, in fisheries with increasing sideboard
limits, economic benefit could be denied to the sideboard-limited
sectors.
If these final harvest specifications are not effective by March 6,
2022, which is the start of the 2022 Pacific halibut season as
specified by the IPHC, the fixed gear sablefish fishery will not begin
concurrently with the Pacific halibut IFQ season. Delayed effectiveness
of this action would result in confusion for sablefish harvesters and
economic harm from the unnecessary discard of sablefish that are caught
along with Pacific halibut, as both fixed gear sablefish and Pacific
halibut are managed under the same IFQ program. Immediate effectiveness
of these final 2022 and 2023 harvest specifications will allow the
sablefish IFQ fishery to begin concurrently with the Pacific halibut
IFQ season.
Finally, immediate effectiveness also would provide the fishing
industry the earliest possible opportunity to plan and conduct its
fishing operations with respect to new information about TAC limits.
Therefore, NMFS finds good cause to waive the 30-day delay in the date
of effectiveness under 5 U.S.C. 553(d)(3).
Small Entity Compliance Guide
This final rule is a plain language guide to assist small entities
in complying with this final rule as required by the Small Business
Regulatory Enforcement Fairness Act of 1996. This final rule's primary
purpose is to announce the final 2022 and 2023 harvest specifications
and prohibited species bycatch allowances for the groundfish fisheries
of the BSAI. This action is necessary to establish harvest limits and
associated management measures for groundfish during the 2022 and 2023
fishing years and is taken in accordance with the FMP prepared by the
Council pursuant to the Magnuson-Stevens Act. This action directly
affects all fishermen who participate in the BSAI fisheries. The
specific amounts of OFL, ABC, TAC, and PSC amounts are provided in
tables to assist the reader. These tables also are individually
available online at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-groundfish-harvest-specifications. NMFS will announce
closures of directed fishing in the Federal Register and information
bulletins released by the Alaska Region. Affected fishermen should keep
themselves informed of such closures.
[[Page 11649]]
Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 1540(f); 16 U.S.C.
1801 et seq.; 16 U.S.C. 3631 et seq.; Pub. L. 105-277; Pub. L. 106-
31; Pub. L. 106-554; Pub. L. 108-199; Pub. L. 108-447; Pub. L. 109-
241; Pub. L. 109-479.
Dated: February 24, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2022-04292 Filed 3-1-22; 8:45 am]
BILLING CODE 3510-22-P
