Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska; Proposed 2023 and 2024 Harvest Specifications for Groundfish, 74102-74122 [2022-26173]

Download as PDF 74102 Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Proposed Rules lotter on DSK11XQN23PROD with PROPOSALS1 not commit the U.S. Government to contract for any supplies or services or make a grant award. Further, CMS is not seeking proposals through this RFI and will not accept unsolicited proposals. Responders are advised that the U.S. Government will not pay for any information or administrative costs incurred in response to this RFI; all costs associated with responding to this RFI will be solely at the interested party’s expense. CMS notes that not responding to this RFI does not preclude participation in any future procurement, if conducted. It is the responsibility of the potential responders to monitor this RFI announcement for additional information pertaining to this request. In addition, CMS will not respond to questions about the policy issues raised in this RFI. 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In addition, CMS may publicly post the public comments received, or a summary of those public comments. Chiquita Brooks-LaSure, Administrator of the Centers for Medicare & Medicaid Services, approved this document on November 14, 2022. Dated: November 29, 2022. Xavier Becerra, Secretary, Department of Health and Human Services. [FR Doc. 2022–26282 Filed 11–30–22; 4:15 pm] BILLING CODE 4120–01–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 4 [PS Docket No. 21–346, 15–80 and ET Docket 04–35; Report No. 3188; FR ID 115942] Petition for Clarification and Partial Reconsideration Federal Communications Commission. ACTION: Petition for Clarification and Partial Reconsideration. AGENCY: Petition for Clarification and Partial Reconsideration (Petition) has been filed in the Commission’s proceeding by Thomas C. Power, on behalf of CTIA, et al. DATES: Oppositions to the Petition must be filed on or before December 19, 2022. Replies to oppositions must be filed on or before December 27, 2022. ADDRESSES: Federal Communications Commission, 45 L Street NE, Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Saswat Misra, Public Safety and Homeland Security Bureau, 202–418– 0944 or via email at Saswat.Misra@ fcc.gov. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s document, Report No. 3188, released November 17, 2022. The full text of the Petition can be accessed online via the Commission’s Electronic Comment Filing System at: https://apps.fcc.gov/ ecfs/. The Commission will not send a Congressional Review Act (CRA) submission to Congress or the Government Accountability Office pursuant to the CRA, 5 U.S.C. 801(a)(1)(A), because no rules are being adopted by the Commission. Subject: Resilient Networks; Amendments to part 4 of the Commission’s Rules Concerning Disruptions to Communications; New part 4 of the Commission’s Rules Concerning Disruptions to Communications, PS Docket Nos. 21– 346, 15–80, ET Docket No. 04–35, Report and Order and Further Notice of Proposed Rulemaking, FCC 22–50 (2022), Report and Order, published at 87 FR 59329, September 30, 2022. This document is being published pursuant to 47 CFR 1.429(e). See also 47 CFR 1.4(b)(1) and 1.429(f), (g). Number of Petitions Filed: 1. SUMMARY: Federal Communications Commission. Marlene Dortch, Secretary, Office of the Secretary. [FR Doc. 2022–26294 Filed 12–1–22; 8:45 am] BILLING CODE 6712–01–P VerDate Sep<11>2014 18:28 Dec 01, 2022 Jkt 259001 PO 00000 Frm 00080 Fmt 4702 Sfmt 4702 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 221123–0249; RTID 0648– XC347] Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska; Proposed 2023 and 2024 Harvest Specifications for Groundfish National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; harvest specifications and request for comments. AGENCY: NMFS proposes 2023 and 2024 harvest specifications, apportionments, and Pacific halibut prohibited species catch limits for the groundfish fishery of the Gulf of Alaska (GOA). This action is necessary to establish harvest limits for groundfish during the 2023 and 2024 fishing years and to accomplish the goals and objectives of the Fishery Management Plan for Groundfish of the Gulf of Alaska. The 2023 harvest specifications supersede those previously set in the final 2022 and 2023 harvest specifications, and the 2024 harvest specifications will be superseded in early 2024 when the final 2024 and 2025 harvest specifications are published. The intended effect of this action is to conserve and manage the groundfish resources in the GOA in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). DATES: Comments must be received by January 3, 2023. ADDRESSES: Submit comments on this document, identified by NOAA–NMFS– 2022–0094, by either of the following methods: • Federal e-Rulemaking Portal: Go to www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20220094, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. • Mail: Submit written comments to Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region NMFS, Attn: Records Office. Mail comments to P.O. Box 21668, Juneau, AK 99802–1668. Instructions: NMFS may not consider comments if they are sent by any other method, to any other address or individual, or received after the comment period ends. All comments SUMMARY: E:\FR\FM\02DEP1.SGM 02DEP1 lotter on DSK11XQN23PROD with PROPOSALS1 Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Proposed Rules received are a part of the public record, and NMFS will post the comments for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address), confidential business information, or otherwise sensitive information submitted voluntarily by the sender is publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). Electronic copies of the Alaska Groundfish Harvest Specifications Final Environmental Impact Statement (Final EIS), Record of Decision (ROD) for the Final EIS, and the annual Supplementary Information Reports (SIR) to the Final EIS prepared for this action are available from https:// www.regulations.gov. An updated 2023 SIR for the final 2023 and 2024 harvest specifications will be available from the same source. The final 2021 Stock Assessment and Fishery Evaluation (SAFE) report for the groundfish resources of the GOA, dated November 2021, is available from the North Pacific Fishery Management Council (Council) at 1007 West Third, Suite 400, Anchorage, AK 99501–2252, phone 907–271–2809, or from the Council’s website at https://www.npfmc.org. The 2022 SAFE report for the GOA will be available from the same source. FOR FURTHER INFORMATION CONTACT: Obren Davis, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the GOA groundfish fisheries in the exclusive economic zone (EEZ) of the GOA under the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP). The Council prepared the FMP under the authority of the Magnuson-Stevens Act (16 U.S.C. 1801 et seq.). Regulations governing U.S. fisheries and implementing the FMP appear at 50 CFR parts 600, 679, and 680. The FMP and its implementing regulations require that NMFS, after consultation with the Council, specify the total allowable catch (TAC) for each target species, the sum of which must be within the optimum yield (OY) range of 116,000 to 800,000 metric tons (mt) (§§ 679.20(a)(1)(i)(B) and 679.20(a)(2)). Section 679.20(c)(1) further requires NMFS to publish and solicit public comment on proposed annual TACs and apportionments thereof, Pacific halibut prohibited species catch (PSC) limits, and seasonal allowances of pollock and Pacific cod. The proposed harvest specifications in Tables 1 through 19 of this rule satisfy these requirements. For 2023 and 2024, the sum of the proposed TAC amounts is 443,615 mt. VerDate Sep<11>2014 18:28 Dec 01, 2022 Jkt 259001 Under § 679.20(c)(3), NMFS will publish the final 2023 and 2024 harvest specifications after (1) considering comments received within the comment period (see DATES), (2) consulting with the Council at its December 2022 meeting, (3) considering information presented in the 2023 SIR to the Final EIS that assesses the need to prepare a Supplemental EIS (see ADDRESSES), and (4) considering information presented in the final 2022 SAFE report prepared for the 2023 and 2024 groundfish fisheries. Other Actions Potentially Affecting the 2023 and 2024 Harvest Specifications Amendment 122 to the Bering Sea and Aleutian Islands FMP: Pacific Cod Cooperative Program NMFS is developing a proposed rule to implement Amendment 122 to the FMP for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI), which, if approved, would establish the Pacific Cod Trawl Cooperative Program (PCTC Program) to allocate BSAI Pacific cod harvest quota to qualifying groundfish License Limitation Program (LLP) license holders and qualifying processors. The PCTC Program would be a limited access privilege program (LAPP) for the harvest of Pacific cod in the BSAI trawl catcher vessel (CV) sector. One of the elements of the proposed PCTC Program is to revise the GOA groundfish sideboard limits and halibut PSC limits for LLP licenses that receive allocations of PCTC quota share. The Program would change the American Fisheries Act (AFA) non-exempt GOA groundfish sideboard and halibut PSC limits for all non-exempt AFA LLP licenses and CVs based on the GOA fishing activity of these vessels in the aggregate during the PCTC Program qualifying years. If approved by the Secretary of Commerce, Amendment 122 and its implementing regulations would affect the calculation and establishment of the groundfish sideboard limits discussed in the subsequent section of this rule titled American Fisheries Act (AFA) Catcher/ Processor and Catcher Vessel Groundfish Harvest and PSC Limits. Proposed Acceptable Biological Catch (ABC) and TAC Specifications In October 2022, the Council’s Scientific and Statistical Committee (SSC), its Advisory Panel (AP), and the Council reviewed the most recent biological and harvest information about the condition of the GOA groundfish stocks. The Council’s GOA Groundfish Plan Team (Plan Team) compiled and presented this information in the final PO 00000 Frm 00081 Fmt 4702 Sfmt 4702 74103 2021 SAFE report for the GOA 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 GOA ecosystem and the economic condition of the groundfish fisheries off Alaska. From these data and analyses, the Plan Team recommends, and the SSC sets, an Overfishing Limit (OFL) and Acceptable Biological Catch (ABC) for each species and species group. The amounts proposed for the 2023 and 2024 OFLs and ABCs are based on the 2021 SAFE report. The AP and Council recommended that the proposed 2023 and 2024 TACs be set equal to proposed ABCs for all species and species groups, with the exception of the species and species groups further discussed below. The proposed OFLs, ABCs, and TACs could be changed in the final harvest specifications depending on the most recent scientific information contained in the final 2022 SAFE report. The individual stock assessments that will comprise, in part, the 2022 SAFE report are available at https:// www.fisheries.noaa.gov/alaska/ population-assessments/north-pacificgroundfish-stock-assessment-andfishery-evaluation. The final 2022 SAFE report will be available from the same source. In November 2022, the Plan Team will update the 2021 SAFE report to include new information collected during 2022, such as NMFS stock surveys, revised stock assessments, and catch data. The Plan Team will compile this information and present the draft 2022 SAFE report at the December 2022 Council meeting. At that meeting, the SSC and the Council will review the 2022 SAFE report, and the Council will approve the 2022 SAFE report. The Council will consider information in the 2022 SAFE report, recommendations from the November 2022 Plan Team meeting and December 2022 SSC and AP meetings, public testimony, and relevant written public comments in making its recommendations for the final 2023 and 2024 harvest specifications. Pursuant to § 679.20(a)(2) and (3), the Council could recommend adjusting the final TACs, if warranted, based on the biological condition of groundfish stocks or a variety of socioeconomic considerations, or if required to cause the sum of TACs to fall within the OY range. E:\FR\FM\02DEP1.SGM 02DEP1 lotter on DSK11XQN23PROD with PROPOSALS1 74104 Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Proposed Rules Potential Changes Between Proposed and Final Specifications In previous years, the most significant changes (relative to the amount of assessed tonnage of fish) to the OFLs and ABCs from the proposed to the final harvest specifications have been based on the most recent NMFS stock surveys. These surveys provide updated estimates of stock biomass and spatial distribution, and inform changes to the models used for producing stock assessments. At the September 2022 Plan Team meeting, NMFS scientists presented updated and new survey results. Scientists also discussed potential changes to assessment models, and accompanying preliminary stock estimates. At the October 2022 Council meeting, the SSC reviewed this information. Species and species groups with proposed changes to assessment models include sharks, pollock, other rockfish, demersal shelf rockfish, northern rockfish, dusky rockfish, and thornyhead rockfish. Model changes can result in changes to final OFLs, ABCs, and TACs. In November 2022, the Plan Team will consider updated survey results and updated stock assessments for groundfish, which will be included in the draft 2022 SAFE report. If the 2022 SAFE report indicates that the stock biomass trend is increasing for a species, then the final 2023 and 2024 harvest specifications for that species may reflect an increase from the proposed harvest specifications. Conversely, if the 2022 SAFE report indicates that the stock biomass trend is decreasing for a species, then the final 2023 and 2024 harvest specifications may reflect a decrease from the proposed harvest specifications. The proposed 2023 and 2024 OFLs and ABCs are based on the best available biological and scientific information, including projected biomass trends, information on assumed distribution of stock biomass, and revised technical methods used to calculate stock biomass. The FMP specifies the tiers to be used to calculate OFLs and ABCs. The tiers applicable to a particular stock or stock complex are determined by the level of reliable information available to the fisheries scientists. This information is categorized into a successive series of six tiers to define OFLs and ABCs, with Tier 1 representing the highest level of information quality available and Tier 6 representing the lowest level of information quality available. The Plan Team used the FMP tier structure to calculate OFLs and ABCs for each groundfish species. The SSC adopted VerDate Sep<11>2014 18:28 Dec 01, 2022 Jkt 259001 the proposed 2023 and 2024 OFLs and ABCs recommended by the Plan Team for all groundfish species. The proposed 2023 and 2024 TACs are based on the best available biological and socioeconomic information. The Council adopted the SSC’s OFL and ABC recommendations and the AP’s TAC recommendations for all groundfish species. Specification and Apportionment of TAC Amounts The Council recommended proposed 2023 and 2024 TACs that are equal to proposed ABCs for all species and species groups, with the exception of pollock for the combined Western and Central GOA and West Yakutat District area, Pacific cod, shallow-water flatfish in the Western GOA, arrowtooth flounder in the Western GOA and the Southeast Outside (SEO) District, flathead sole in the Western and Central GOA, Atka mackerel, and ‘‘other rockfish’’ in the SEO District. The combined Western and Central Regulatory Areas and the West Yakutat (WYK) District of the Eastern Regulatory Area (the W/C/WYK) pollock TAC and the GOA Pacific cod TACs are set to account for the State of Alaska’s (State) guideline harvest levels (GHL) for the State waters pollock and Pacific cod fisheries so that the ABCs are not exceeded. The shallow-water flatfish, arrowtooth flounder, and flathead sole TACs are set to allow for increased harvest opportunities for these target species while conserving the halibut PSC limit for use in other fisheries. The Atka mackerel TAC is set to accommodate incidental catch amounts (ICA) in other fisheries. The ‘‘other rockfish’’ TAC in the SEO District of the Eastern Regulatory Area is set to reduce the amount of discards of the species in that complex. These reductions are described below. NMFS’s proposed apportionments of groundfish species are based on the distribution of biomass among the regulatory areas over which NMFS manages the species. Additional regulations govern the apportionment of pollock, Pacific cod, and sablefish. Additional detail on apportionments of pollock, Pacific cod, and sablefish are described below. The ABC for the pollock stock in the W/C/WYK Regulatory Area accounts for the GHL established by the State for the Prince William Sound (PWS) pollock fishery. The Plan Team, SSC, AP, and Council have recommended that the sum of all State waters and Federal waters pollock removals from the GOA not exceed ABC recommendations. For 2023 and 2024, the Council PO 00000 Frm 00082 Fmt 4702 Sfmt 4702 recommended the W/C/WYK pollock ABC include the amount to account for the State’s PWS GHL. At the November 2018 Plan Team meeting, State fisheries managers recommended setting the future PWS GHL at 2.5 percent of the annual W/C/WYK pollock ABC. For 2023, this yields a PWS pollock GHL of 3,298 mt, a decrease of 29 mt from the 2022 PWS GHL of 3,327 mt. After accounting for the PWS GHL, the 2023 and 2024 pollock ABC for the combined W/C/WYK areas is then apportioned among four statistical areas (Areas 610, 620, 630, and 640) as both ABCs and TACs, as described below and detailed in Table 1. The total ABCs and TACs for the four statistical areas, plus the State GHL, do not exceed the combined W/C/ WYK ABC. The proposed W/C/WYK 2023 and 2024 pollock ABC is 131,912 mt, and the proposed TAC is 128,614 mt. Apportionments of pollock to the W/ C/WYK management areas are considered to be apportionments of annual catch limit (ACL) rather than apportionments of ABCs. This more accurately reflects that such apportionments address management concerns, rather than biological or conservation concerns. In addition, apportionments of the ACL in this manner allow NMFS to balance any transfer of TAC among Areas 610, 620, and 630 pursuant to § 679.20(a)(5)(iv)(B) to ensure that the combined W/C/WYK ACL, ABC, and TAC are not exceeded. NMFS proposes pollock TACs in the Western (Area 610) and Central (Areas 620 and 630) Regulatory Areas and the West Yakutat (Area 640) and the SEO (Area 650) Districts of the GOA (see Table 1). NMFS also proposes seasonal apportionment of the annual pollock TAC in the Western and Central Regulatory Areas of the GOA among Statistical Areas 610, 620, and 630. These apportionments are divided equally among the following two seasons: the A season (January 20 through May 31) and the B season (September 1 through November 1) (§§ 679.23(d)(2) and 679.20(a)(5)(iv)). Additional detail is provided below; Table 2 lists these amounts. The proposed 2023 and 2024 Pacific cod TACs are set to accommodate the State’s GHLs for Pacific cod in State waters in the Western and Central Regulatory Areas, as well as in PWS (in the Eastern Regulatory Area) (see Table 1). The Plan Team, SSC, AP, and Council recommended that the sum of all State waters and Federal waters Pacific cod removals from the GOA not exceed ABC recommendations. Accordingly, the Council recommended the 2023 and 2024 Pacific cod TACs in E:\FR\FM\02DEP1.SGM 02DEP1 74105 Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Proposed Rules the Western, Central, and Eastern Regulatory Areas to account for State GHLs. Therefore, the proposed 2023 and 2024 Pacific cod TACs are less than the proposed ABCs by the following amounts: (1) Western GOA, 2,610 mt; (2) Central GOA, 4,321 mt; and (3) Eastern GOA, 682 mt. These amounts reflect the State’s 2023 and 2024 GHLs in these areas, which are 30 percent of the Western GOA proposed ABC, and 25 percent of the Eastern and Central GOA proposed ABCs. The Western and Central GOA Pacific cod TACs are allocated among various gear and operational sectors. NMFS also establishes seasonal apportionments of the annual Pacific cod TACs in the Western and Central Regulatory Areas. The Pacific cod sector and seasonal apportionments are discussed in detail in a subsequent section and in Table 4 of this rule. The Council’s recommendation for sablefish area apportionments takes into account the prohibition on the use of trawl gear in the SEO District of the Eastern Regulatory Area (§ 679.7(b)(1)) and makes available 5 percent of the Eastern Regulatory Area (WYK and SEO Districts combined) TAC to vessels using trawl gear for use as incidental catch in other trawl groundfish fisheries in the WYK District (§ 679.20(a)(4)(i)). Additional detail is provided below. Tables 5 and 6 list the proposed 2023 and 2024 allocations of the sablefish TAC to fixed gear and trawl gear in the GOA. For 2023 and 2024, the Council recommends, and NMFS proposes, the OFLs, ABCs, and TACs listed in Table 1. These amounts are consistent with the biological condition of groundfish stocks as described in the 2021 SAFE report. The proposed ABCs reflect harvest amounts that are less than the specified overfishing levels. The proposed TACs are adjusted for other biological and socioeconomic considerations. The sum of the proposed TACs for all GOA groundfish is 443,615 mt for 2023 and 2024, which is within the OY range specified by the FMP. These proposed amounts and apportionments by area, season, and sector are subject to change pending consideration of the 2022 SAFE report, public comment, and the Council’s recommendations for the final 2023 and 2024 harvest specifications during its December 2022 meeting. TABLE 1—PROPOSED 2023 AND 2024 OFLS, ABCS, AND TACS OF GROUNDFISH FOR THE WESTERN/CENTRAL/WEST YAKUTAT, WESTERN, CENTRAL, AND EASTERN REGULATORY AREAS, THE WEST YAKUTAT AND SOUTHEAST OUTSIDE DISTRICTS OF THE EASTERN REGULATORY AREA, AND GULFWIDE DISTRICT OF THE GULF OF ALASKA [Values are rounded to the nearest metric ton] Species Area 1 Pollock 2 .......................................................... Shumagin (610) .............................................. Chirikof (620) .................................................. Kodiak (630) ................................................... WYK (640) ...................................................... W/C/WYK (subtotal) ....................................... SEO (650) ...................................................... n/a n/a n/a n/a 153,097 15,150 23,506 68,642 29,803 6,663 131,912 11,363 23,506 68,642 29,803 6,663 128,614 11,363 Total ............................................................ 168,247 143,275 139,977 W .................................................................... C ..................................................................... E ..................................................................... n/a n/a n/a 8,699 17,282 2,727 6,089 12,962 2,045 Total ............................................................ 34,673 28,708 21,096 W .................................................................... C ..................................................................... WYK ............................................................... SEO ................................................................ n/a n/a n/a n/a 3,951 9,495 3,159 5,398 3,951 9,495 3,159 5,398 Subtotal TAC .............................................. n/a n/a 22,003 Total ............................................................ 42,520 36,318 n/a W .................................................................... C ..................................................................... WYK ............................................................... SEO ................................................................ n/a n/a n/a n/a 22,464 26,743 2,674 1,605 13,250 26,743 2,674 1,605 Total ............................................................ 65,676 53,486 44,272 W .................................................................... C ..................................................................... WYK ............................................................... SEO ................................................................ n/a n/a n/a n/a 256 2,105 1,408 2,049 256 2,105 1,408 2,049 Total ............................................................ 6,920 5,818 5,818 W .................................................................... C ..................................................................... WYK ............................................................... SEO ................................................................ n/a n/a n/a n/a 3,222 13,054 1,439 2,879 3,222 13,054 1,439 2,879 Total ............................................................ 25,049 20,594 20,594 Pacific cod 3 .................................................... Sablefish 4 ....................................................... Shallow-water flatfish 5 .................................... lotter on DSK11XQN23PROD with PROPOSALS1 Deep-water flatfish 6 ........................................ Rex sole .......................................................... VerDate Sep<11>2014 18:28 Dec 01, 2022 Jkt 259001 PO 00000 Frm 00083 Fmt 4702 OFL Sfmt 4702 E:\FR\FM\02DEP1.SGM TAC 2 ABC 02DEP1 74106 Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Proposed Rules TABLE 1—PROPOSED 2023 AND 2024 OFLS, ABCS, AND TACS OF GROUNDFISH FOR THE WESTERN/CENTRAL/WEST YAKUTAT, WESTERN, CENTRAL, AND EASTERN REGULATORY AREAS, THE WEST YAKUTAT AND SOUTHEAST OUTSIDE DISTRICTS OF THE EASTERN REGULATORY AREA, AND GULFWIDE DISTRICT OF THE GULF OF ALASKA—Continued [Values are rounded to the nearest metric ton] Species Area 1 Arrowtooth flounder ......................................... W .................................................................... C ..................................................................... WYK ............................................................... SEO ................................................................ n/a n/a n/a n/a 33,214 67,493 6,619 10,875 14,500 67,493 6,619 6,900 Total ............................................................ 141,231 118,201 95,512 W .................................................................... C ..................................................................... WYK ............................................................... SEO ................................................................ n/a n/a n/a n/a 14,708 21,962 1,506 1,870 8,650 15,400 1,506 1,870 Total ............................................................ 48,757 40,046 27,426 W .................................................................... C ..................................................................... WYK ............................................................... W/C/WYK ....................................................... SEO ................................................................ n/a n/a n/a 40,211 3,985 2,523 29,869 1,366 33,758 3,346 2,523 29,869 1,366 33,758 3,346 Total ............................................................ 44,196 37,104 37,104 W .................................................................... C ..................................................................... E ..................................................................... n/a n/a n/a 1,859 3,061 ........................ 1,859 3,061 ........................ Total ............................................................ 5,874 4,920 4,920 W .................................................................... C ..................................................................... E ..................................................................... n/a n/a n/a 51 280 374 51 280 374 Total ............................................................ 940 705 705 W .................................................................... C ..................................................................... WYK ............................................................... SEO ................................................................ n/a n/a n/a n/a 259 4,373 412 137 259 4,373 412 137 Total ............................................................ 8,146 5,181 5,181 W .................................................................... C ..................................................................... E ..................................................................... n/a n/a n/a 182 234 365 182 234 365 Total ............................................................ 937 781 781 ............................... SEO ................................................................ 579 365 365 Thornyhead rockfish 13 .................................... W .................................................................... C ..................................................................... E ..................................................................... n/a n/a n/a 352 910 691 352 910 691 Total ............................................................ 2,604 1,953 1,953 W/C combined ................................................ WYK ............................................................... SEO ................................................................ n/a n/a n/a 940 370 2,744 940 370 300 Total ............................................................ 5,320 4,054 1,610 Atka mackerel ................................................. GW ................................................................. 6,200 4,700 3,000 Big skates 16 .................................................... W .................................................................... C ..................................................................... E ..................................................................... n/a n/a n/a 591 1,482 794 591 1,482 794 Total ............................................................ 3,822 2,867 2,867 W .................................................................... n/a 151 151 Flathead sole .................................................. Pacific ocean perch 7 ...................................... Northern rockfish 8 .......................................... Shortraker rockfish 9 ........................................ Dusky rockfish 10 ............................................. Rougheye and blackspotted rockfish 11 .......... Demersal shelf rockfish 12 lotter on DSK11XQN23PROD with PROPOSALS1 Other rockfish 14 15 .......................................... Longnose skates 17 ......................................... VerDate Sep<11>2014 18:28 Dec 01, 2022 Jkt 259001 PO 00000 Frm 00084 Fmt 4702 OFL Sfmt 4702 E:\FR\FM\02DEP1.SGM TAC 2 ABC 02DEP1 74107 Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Proposed Rules TABLE 1—PROPOSED 2023 AND 2024 OFLS, ABCS, AND TACS OF GROUNDFISH FOR THE WESTERN/CENTRAL/WEST YAKUTAT, WESTERN, CENTRAL, AND EASTERN REGULATORY AREAS, THE WEST YAKUTAT AND SOUTHEAST OUTSIDE DISTRICTS OF THE EASTERN REGULATORY AREA, AND GULFWIDE DISTRICT OF THE GULF OF ALASKA—Continued [Values are rounded to the nearest metric ton] Area 1 Species OFL TAC 2 ABC C ..................................................................... E ..................................................................... n/a n/a 2,044 517 2,044 517 Total ............................................................ 3,616 2,712 2,712 ................................................ GW ................................................................. 1,311 984 984 Sharks ............................................................. GW ................................................................. 5,006 3,755 3,755 Octopuses ....................................................... GW ................................................................. 1,307 980 980 Total ......................................................... ......................................................................... 622,931 517,507 443,615 Other skates 18 1 Regulatory areas and districts are defined at § 679.2. (W = Western Gulf of Alaska; C = Central Gulf of Alaska; E = Eastern Gulf of Alaska; WYK = West Yakutat District; SEO = Southeast Outside District; GW = Gulfwide). 2 The total for the W/C/WYK Regulatory Areas pollock ABC is 131,912 mt. After deducting 2.5 percent (3,298 mt) of that ABC for the State’s pollock GHL fishery, the remaining pollock ABC of 128,614 mt (for the W/C/WYK Regulatory Areas) is apportioned among four statistical areas (Areas 610, 620, 630, and 640). These apportionments are considered subarea ACLs, rather than ABCs, for specification and reapportionment purposes. The ACLs in Areas 610, 620, and 630 are further divided by season, as detailed in Table 2 (proposed 2023 and 2024 seasonal biomass distribution of pollock in the Western and Central Regulatory Areas, area apportionments, and seasonal allowances). In the West Yakutat (Area 640) and Southeast Outside (Area 650) Districts of the Eastern Regulatory Area, pollock is not divided into seasonal allowances. 3 The annual Pacific cod TAC is apportioned, after seasonal apportionment to the jig sector, as follows: (1) 63.84 percent to the A season and 36.16 percent to the B season and (2) 64.16 percent to the A season and 35.84 percent to the B season in the Western and Central Regulatory Areas of the GOA, respectively. The Pacific cod TAC in the Eastern Regulatory Area of the GOA is allocated 90 percent to vessels harvesting Pacific cod for processing by the inshore component and 10 percent to vessels harvesting Pacific cod for processing by the offshore component. Table 4 lists the proposed 2023 and 2024 Pacific cod seasonal apportionments and sector allocations. 4 The sablefish OFL and ABC are set Alaska-wide (42,520 mt and 36,318 mt, respectively) and the GOA sablefish ABC is 22,003 mt. Additionally, sablefish is allocated only to trawl gear in 2024. Tables 5 and 6 list the proposed 2023 and 2024 allocations of sablefish TACs. 5 ‘‘Shallow-water flatfish’’ means flatfish not including ‘‘deep-water flatfish,’’ flathead sole, rex sole, or arrowtooth flounder. 6 ‘‘Deep-water flatfish’’ means Dover sole, Greenland turbot, Kamchatka flounder, and deepsea sole. 7 ‘‘Pacific ocean perch’’ means Sebastes alutus. 8 ‘‘Northern rockfish’’ means Sebastes polyspinous. For management purposes the 1 mt apportionment of ABC to the WYK District of the Eastern Regulatory Area has been included in the ‘‘other rockfish’’ species group. 9 ‘‘Shortraker rockfish’’ means Sebastes borealis. 10 ‘‘Dusky rockfish’’ means Sebastes variabilis. 11 ‘‘Rougheye and blackspotted rockfish’’ means Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted). 12 ‘‘Demersal shelf rockfish’’ means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper), S. maliger (quillback), S. helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye). 13 ‘‘Thornyhead rockfish’’ means Sebastolobus species. 14 ‘‘Other rockfish means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio), S. goodei (chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), S. variegatus (harlequin), S. wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S. zacentrus (sharpchin), S. jordani (shortbelly), S. brevispinis (silvergray), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus (vermilion), S. reedi (yellowmouth), S. entomelas (widow), and S. flavidus (yellowtail). In the Eastern GOA only, ‘‘other rockfish’’ also includes northern rockfish (S. polyspinous). 15 ‘‘Other rockfish’’ in the Western and Central Regulatory Areas and in the West Yakutat District of the Eastern Regulatory Area means all rockfish species included in the ‘‘other rockfish’’ and demersal shelf rockfish categories. The ‘‘other rockfish’’ species group in the SEO District only includes other rockfish. 16 ‘‘Big skates’’ means Raja binoculata. 17 ‘‘Longnose skates’’ means Raja rhina. 18 ‘‘Other skates’’ means Bathyraja and Raja spp. lotter on DSK11XQN23PROD with PROPOSALS1 Proposed Apportionment of Reserves Section 679.20(b)(2) requires NMFS to set aside 20 percent of each TAC for pollock, Pacific cod, flatfish, sharks, and octopuses in reserve for possible apportionment at a later date during the fishing year. Section 679.20(b)(3) authorizes NMFS to reapportion all or part of these reserves. In 2022, NMFS reapportioned all of the reserves in the final harvest specifications. For 2023 and 2024, NMFS proposes reapportionment of each of the reserves for pollock, Pacific cod, flatfish, sharks, and octopuses back into the original TAC from which the reserve was derived. NMFS expects, based on recent harvest patterns, that such reserves will VerDate Sep<11>2014 18:28 Dec 01, 2022 Jkt 259001 not be necessary and that the entire TAC for each of these species will be caught or are needed to promote efficient fisheries. The TACs in Table 1 reflect this proposed reapportionment of reserve amounts to the original TAC for these species and species groups, i.e., each proposed TAC for the abovementioned species or species groups contains the full TAC recommended by the Council. Proposed Apportionments of Pollock TAC Among Seasons and Regulatory Areas, and Allocations for Processing by Inshore and Offshore Components In the GOA, pollock is apportioned by season and area, and is further allocated PO 00000 Frm 00085 Fmt 4702 Sfmt 4702 for processing by inshore and offshore components. Pursuant to § 679.20(a)(5)(iv)(B), the annual pollock TAC specified for the Western and Central Regulatory Areas of the GOA is apportioned into two seasonal allowances of 50 percent. As established by § 679.23(d)(2), the A and B season allowances are available from January 20 through May 31 and September 1 through November 1, respectively. The GOA pollock stock assessment continues to use a four-season methodology to determine pollock distribution in the Western and Central Regulatory Areas of the GOA to maintain continuity in the historical pollock apportionment time-series. E:\FR\FM\02DEP1.SGM 02DEP1 74108 Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Proposed Rules Pollock TACs in the Western and Central Regulatory Areas of the GOA are apportioned among Statistical Areas 610, 620, and 630 in proportion to the distribution of pollock biomass determined by the most recent NMFS surveys, pursuant to § 679.20(a)(5)(iv)(A). The pollock chapter of the 2021 SAFE report (see ADDRESSES) contains a comprehensive description of the apportionment and reasons for the minor changes from past apportionments. For purposes of specifying pollock between two seasons for the Western and Central Regulatory Areas of the GOA, NMFS has summed the A and B season apportionments and the C and D season apportionments as calculated in the 2021 GOA pollock assessment. This yields the seasonal amounts specified for the A season and the B season, respectively. Within any fishing year, the amount by which a seasonal allowance is underharvested or overharvested may be added to, or subtracted from, subsequent seasonal allowances in a manner to be determined by the Regional Administrator (§ 679.20(a)(5)(iv)(B)). The rollover amount is limited to 20 percent of the subsequent seasonal TAC apportionment for the statistical area. Any unharvested pollock above the 20percent limit could be further distributed to the subsequent season in the other statistical areas, in proportion to the estimated biomass to the subsequent season and in an amount no more than 20 percent of the seasonal TAC apportionment in those statistical areas (§ 679.20(a)(5)(iv)(B)). The proposed 2023 and 2024 pollock TACs in the WYK District of 6,663 mt and the SEO District of 11,363 mt are not allocated by season. Table 2 lists the proposed 2023 and 2024 area apportionments and seasonal allowances of pollock in the Western and Central Regulatory Areas. The amounts of pollock for processing by the inshore and offshore components are not shown. Section 679.20(a)(6)(i) requires allocation of 100 percent of the pollock TAC in all regulatory areas and all seasonal allowances to vessels catching pollock for processing by the inshore component after subtraction of amounts projected by the Regional Administrator to be caught by, or delivered to, the offshore component incidental to directed fishing for other groundfish species. Thus, the amount of pollock available for harvest by vessels harvesting pollock for processing by the offshore component is the amount that will be taken as incidental catch during directed fishing for groundfish species other than pollock, up to the maximum retainable amounts allowed by § 679.20(e) and (f). At this time, these ICAs of pollock are unknown and will be determined during the fishing year during the course of fishing activities by the offshore component. TABLE 2—PROPOSED 2023 AND 2024 DISTRIBUTION OF POLLOCK IN THE CENTRAL AND WESTERN REGULATORY AREAS OF THE GULF OF ALASKA; AREA APPORTIONMENTS; AND SEASONAL ALLOWANCES OF ANNUAL TAC 1 [Values are rounded to the nearest metric ton] Shumigan (area 610) Season 2 Chirikof (area 620) Kodiak (area 630) Total 3 A (January 20–May 31) ................................................................................... B (September 1–November 1) ........................................................................ 1,122 22,384 51,845 16,797 8,009 21,795 60,976 60,976 Annual Total ............................................................................................. 23,506 68,642 29,803 121,952 1 Area apportionments and seasonal allowances may not total precisely due to rounding. established by § 679.23(d)(2), the A and B season allowances are available from January 20 through May 31 and September 1 through November 1, respectively. The amounts of pollock for processing by the inshore and offshore components are not shown in this table. 3 The West Yakutat and Southeast Outside District pollock TACs are not allocated by season and are not included in the total pollock TACs shown in this table. 2 As lotter on DSK11XQN23PROD with PROPOSALS1 Proposed Annual and Seasonal Apportionments of Pacific Cod TAC Pursuant to § 679.20(a)(12)(i), NMFS proposes allocations for the 2023 and 2024 Pacific cod TACs in the Western and Central Regulatory Areas of the GOA among gear and operational sectors. NMFS also proposes seasonal apportionments of the Pacific cod TACs in the Western and Central Regulatory Areas. A portion of the annual TAC is apportioned to the A season for hookand-line, pot, and jig gear from January 1 through June 10, and for trawl gear from January 20 through June 10. The remainder of the annual TAC is apportioned to the B season for jig gear from June 10 through December 31, for hook-and-line and pot gear from September 1 through December 31, and for trawl gear from September 1 through November 1 (§§ 679.23(d)(3) and 679.20(a)(12)). NMFS also proposes allocating the 2023 and 2024 Pacific cod TACs annually between the inshore (90 VerDate Sep<11>2014 18:28 Dec 01, 2022 Jkt 259001 percent) and offshore (10 percent) components in the Eastern Regulatory Area of the GOA (§ 679.20(a)(6)(ii)). In the Western GOA, the Pacific cod TAC is apportioned seasonally first to vessels using jig gear, and then among catcher vessels (CV) using hook-and-line gear, catcher/processors (CP) using hook-and-line gear, CVs using trawl gear, CPs using trawl gear, and vessels using pot gear (§ 679.20(a)(12)(i)(A)). In the Central GOA, the Pacific cod TAC is apportioned seasonally first to vessels using jig gear, and then among CVs less than 50 feet (15.2 meters (m)) in length overall using hook-and-line gear, CVs equal to or greater than 50 feet (15.2 m) in length overall using hook-and-line gear, CPs using hook-and-line gear, CVs using trawl gear, CPs using trawl gear, and vessels using pot gear (§ 679.20(a)(12)(i)(B)). For 2023 and 2024, NMFS proposes apportioning the jig sector allocations for the Western and Central GOA between the A season PO 00000 Frm 00086 Fmt 4702 Sfmt 4702 (60 percent) and the B season (40 percent) (§ 679.20(a)(12)(i)). Excluding seasonal apportionments to the jig gear sector, NMFS proposes apportioning the remainder of the annual Pacific cod TACs as follows: the seasonal apportionments of the annual TAC in the Western GOA are 63.84 percent to the A season and 36.16 percent to the B season, and in the Central GOA are 64.16 percent to the A season and 35.84 percent to the B season. Under § 679.20(a)(12)(ii), any overage or underage of the Pacific cod allowance from the A season may be subtracted from, or added to, the subsequent B season allowance. In addition, any portion of the hook-and-line, trawl, pot, or jig sector allocations that is determined by NMFS as likely to go unharvested by a sector may be reallocated to other sectors for harvest during the remainder of the fishing year. Pursuant to § 679.20(a)(12)(i)(A) and (B), a portion of the annual Pacific cod TACs in the Western and Central GOA E:\FR\FM\02DEP1.SGM 02DEP1 74109 Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Proposed Rules will be allocated to vessels with a Federal fisheries permit that use jig gear before the TACs are apportioned among other non-jig sectors. In accordance with the FMP, the annual jig sector allocations may increase to up to 6 percent of the annual Western and Central GOA Pacific cod TACs, depending on the annual performance of the jig sector (see Table 1 of Amendment 83 to the FMP for a detailed discussion of the jig sector allocation process (76 FR 74670, December 1, 2011)). Jig sector allocation increases are established for a minimum of 2 years. NMFS has evaluated the historical harvest performance of the jig sector in the Western and Central GOA, and is proposing the 2023 and 2024 Pacific cod apportionments to this sector based on its historical harvest performance through 2021. For 2023 and 2024, NMFS proposes that the jig sector receive 3.5 percent of the annual Pacific cod TAC in the Western GOA. The 2023 and 2024 allocations consist of a base allocation of 1.5 percent of the Western GOA Pacific cod TAC, and prior historical harvest performance increases of 2.0 percent. For 2023 and 2024, NMFS also proposes that the jig sector receive 1.0 percent of the annual Pacific cod TAC in the Central GOA. The 2023 and 2024 allocations consist of a base allocation of 1.0 percent, and no additional performance increase in the Central GOA. The 2014 through 2022 Pacific cod jig allocations, catch, and percent allocation changes are listed in Table 3. TABLE 3—SUMMARY OF WESTERN GOA AND CENTRAL GOA PACIFIC COD CATCH BY JIG GEAR IN 2014 THROUGH 2022, AND CORRESPONDING PERCENT ALLOCATION CHANGES Area Initial percent of TAC Year Western GOA ........... Central GOA ............. 2014 2015 2016 2017 2018 2019 2020 2021 2022 2014 2015 2016 2017 2018 2019 2020 2021 2022 Initial TAC allocation 2.5 3.5 3.5 2.5 1.5 2.5 n/a 3.5 3.5 2.0 1.0 1.0 1.0 1.0 1.0 n/a 1.0 1.0 NMFS will re-evaluate the annual 2022 harvest performance of the jig sector in the Western and Central GOA when the 2022 fishing year is complete to determine whether to change the jig sector allocations proposed by this action in conjunction with the final Percent of initial allocation Catch (mt) >90% of initial allocation? Change to percent allocation 573 948 992 635 125 134 785 55 52 49 121 134 137 6 5 8 97 100 Y N N N Y Y .................... .................... .................... .................... .................... .................... Increase 1%. None. Decrease 1%. Decrease 1%. Increase 1%. Increase 1%. 195 195 797 460 370 331 61 58 26 26 262 355 267 18 0 30 13 13 33 77 72 6 0 52 N N N N N N N N .................... .................... .................... .................... .................... .................... .................... .................... None. None. Decrease 1%. None. None. None. None. None. 102 102 26 26 26 26 N .................... N .................... 2023 and 2024 harvest specifications. The current catch through October 2022 by the Western GOA jig sector indicates that the Pacific cod allocation percentage to this sector would probably decrease in 2022 to 2.5 percent. Also, the current catch by the Central GOA jig None. None. sector indicates that this sector’s Pacific cod allocation percentage would not change in 2022, and would remain at 1 percent. Table 4 lists the seasonal apportionments and allocations of the proposed 2023 and 2024 Pacific cod TACs. TABLE 4—PROPOSED 2023 AND 2024 SEASONAL APPORTIONMENTS AND ALLOCATIONS OF PACIFIC COD TAC AMOUNTS IN THE GOA; ALLOCATIONS TO THE WESTERN GOA AND CENTRAL GOA SECTORS, AND THE EASTERN GOA INSHORE AND OFFSHORE PROCESSING COMPONENTS [Values are rounded to the nearest metric ton] A season Annual allocation (mt) lotter on DSK11XQN23PROD with PROPOSALS1 Regulatory area and sector Sector percentage of annual non-jig TAC B season Seasonal allowances (mt) Sector percentage of annual non-jig TAC Seasonal allowances (mt) Western GOA: Jig (3.5% of TAC) ......................................................... Hook-and-line CV ......................................................... Hook-and-line CP ......................................................... Trawl CV ....................................................................... Trawl CP ....................................................................... Pot CV and Pot CP ...................................................... 213 82 1,163 2,256 141 2,233 N/A 0.70 10.90 31.54 0.90 19.80 128 41 640 1,853 53 1,163 N/A 0.70 8.90 6.86 1.50 18.20 85 41 523 403 88 1,069 Total ....................................................................... 6,089 63.84 3,879 36.16 2,210 Central GOA: VerDate Sep<11>2014 18:28 Dec 01, 2022 Jkt 259001 PO 00000 Frm 00087 Fmt 4702 Sfmt 4702 E:\FR\FM\02DEP1.SGM 02DEP1 74110 Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Proposed Rules TABLE 4—PROPOSED 2023 AND 2024 SEASONAL APPORTIONMENTS AND ALLOCATIONS OF PACIFIC COD TAC AMOUNTS IN THE GOA; ALLOCATIONS TO THE WESTERN GOA AND CENTRAL GOA SECTORS, AND THE EASTERN GOA INSHORE AND OFFSHORE PROCESSING COMPONENTS—Continued [Values are rounded to the nearest metric ton] A season Annual allocation (mt) Regulatory area and sector Sector percentage of annual non-jig TAC B season Seasonal allowances (mt) Sector percentage of annual non-jig TAC Seasonal allowances (mt) Jig (1.0% of TAC) ......................................................... Hook-and-line <50 CV .................................................. Hook-and-line ≥50 CV .................................................. Hook-and-line CP ......................................................... Trawl CV 1 ..................................................................... Trawl CP ....................................................................... Pot CV and Pot CP ...................................................... 130 1,874 861 655 5,336 539 3,568 N/A 9.32 5.61 4.11 25.29 2.00 17.83 78 1,195 720 527 3,246 257 2,288 N/A 5.29 1.10 1.00 16.29 2.19 9.97 52 678 141 128 2,090 282 1,280 Total ....................................................................... 12,962 64.16 8,311 35.84 4,651 Eastern GOA ........................................................................ ........................ Inshore (90% of Annual TAC) 2,045 Offshore (10% of Annual TAC) 1,841 205 1 Trawl catcher vessels participating in Rockfish Program cooperatives receive 3.81 percent, or 494 mt, of the annual Central GOA Pacific cod TAC (see Table 28c to 50 CFR part 679). This apportionment is deducted from the Trawl CV B season allowance (see Table 9: Proposed 2023 and 2024 Apportionments of Rockfish Secondary Species in the Central GOA and Table 28c to 50 CFR part 679). lotter on DSK11XQN23PROD with PROPOSALS1 Proposed Allocations of the Sablefish TAC Amounts to Vessels Using Fixed Gear and Trawl Gear Section 679.20(a)(4)(i) and (ii) requires allocations of sablefish TACs for each of the regulatory areas and districts to fixed and trawl gear. In the Western and Central Regulatory Areas, 80 percent of each TAC is allocated to fixed gear, and 20 percent of each TAC is allocated to trawl gear. In the Eastern Regulatory Area, 95 percent of the TAC is allocated to fixed gear, and 5 percent is allocated to trawl gear. The trawl gear allocation in the Eastern Regulatory Area may be used only to support incidental catch of sablefish while directed fishing for other target species using trawl gear (§ 679.20(a)(4)(i)). In recognition of the prohibition against trawl gear in the SEO District of the Eastern Regulatory Area, the Council recommended, and NMFS proposes, specifying for incidental catch the allocation of 5 percent of the Eastern Regulatory Area sablefish (WYK and SEO Districts combined) TAC to trawl gear in the WYK District of the Eastern Regulatory Area. The remainder of the WYK District sablefish TAC is allocated to vessels using fixed gear. This proposed action allocates 100 percent of the sablefish TAC in the SEO District to vessels using fixed gear. This results in proposed 2023 allocations of 428 mt to trawl gear and 2,731 mt to fixed gear in the WYK District, a proposed 2023 allocation of 5,398 mt to fixed gear in the SEO District, and a proposed 2024 allocation of 428 mt to trawl gear in the WYK District. Table 5 lists the allocations of the proposed 2023 sablefish TACs to fixed and trawl gear. Table 6 lists the allocations of the proposed 2024 sablefish TACs to trawl gear. The Council recommended that the trawl sablefish TAC be established for 2 years so that retention of incidental catch of sablefish by trawl gear could commence in January in the second year of the groundfish harvest specifications. Tables 5 and 6 list the proposed 2023 and 2024 trawl allocations, respectively. The Council also recommended that the fixed gear sablefish TAC be established annually to ensure that the sablefish individual fishing quota (IFQ) fishery is conducted concurrently with the halibut IFQ fishery and is based on the most recent survey information. Since there is an annual assessment for sablefish and since the final harvest specifications are expected to be published before the IFQ season begins (typically, in early March), the Council recommended that the fixed gear sablefish TAC be set annually, rather than for 2 years, so that the best available scientific information could be considered in establishing the sablefish ABCs and TACs. Accordingly, Table 5 lists the proposed 2023 fixed gear allocations, and the 2024 fixed gear allocations will be specified in the 2024 and 2025 harvest specifications. With the exception of the trawl allocations that are provided to the Rockfish Program (see Table 28c to 50 CFR part 679), directed fishing for sablefish with trawl gear is closed during the fishing year. Also, fishing for groundfish with trawl gear is prohibited prior to January 20 (§ 679.23(c)). Therefore, it is not likely that the sablefish allocation to trawl gear would be reached before the effective date of the final 2023 and 2024 harvest specifications. TABLE 5—PROPOSED 2023 SABLEFISH TAC AMOUNTS IN THE GULF OF ALASKA AND ALLOCATIONS TO FIXED AND TRAWL GEAR [Values are rounded to the nearest metric ton] Area/district Western ........................................................................................................................................ Central 1 ....................................................................................................................................... West Yakutat 2 ............................................................................................................................. VerDate Sep<11>2014 18:28 Dec 01, 2022 Jkt 259001 PO 00000 Fixed gear allocation TAC Frm 00088 Fmt 4702 Sfmt 4702 E:\FR\FM\02DEP1.SGM 3,951 9,495 3,159 02DEP1 3,161 7,596 2,731 Trawl allocation 790 1,899 428 74111 Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Proposed Rules TABLE 5—PROPOSED 2023 SABLEFISH TAC AMOUNTS IN THE GULF OF ALASKA AND ALLOCATIONS TO FIXED AND TRAWL GEAR—Continued [Values are rounded to the nearest metric ton] Area/district Fixed gear allocation TAC Trawl allocation Southeast Outside ....................................................................................................................... 5,398 5,398 0 Total ...................................................................................................................................... 22,003 18,886 3,117 1 The proposed trawl allocation of sablefish to the Central Regulatory Area is further apportioned to the Rockfish Program cooperatives (977 mt). See Table 9: Proposed 2023 and 2024 Apportionments of Rockfish Secondary Species in the Central GOA. This results in 922 mt being available for the non-Rockfish Program trawl fisheries. 2 The proposed trawl allocation is based on allocating 5 percent of the Eastern Regulatory Area (West Yakutat and Southeast Outside Districts combined) sablefish TAC as incidental catch to trawl gear in the West Yakutat District. TABLE 6—PROPOSED 2024 SABLEFISH TAC AMOUNTS IN THE GULF OF ALASKA AND ALLOCATION TO TRAWL GEAR 1 [Values are rounded to the nearest metric ton] Area/district Fixed gear allocation TAC Trawl allocation Western ........................................................................................................................................ Central 2 ....................................................................................................................................... West Yakutat 3 ............................................................................................................................. Southeast Outside ....................................................................................................................... 3,951 9,495 3,159 5,398 n/a n/a n/a n/a 790 1,899 428 0 Total ...................................................................................................................................... 22,003 n/a 3,117 1 The Council recommended that the proposed 2024 harvest specifications for the fixed gear sablefish Individual Fishing Quota fisheries not be specified in the proposed 2023 and 2024 harvest specifications. 2 The proposed trawl allocation of sablefish to the Central Regulatory Area is further apportioned to the Rockfish Program cooperatives (977 mt). See Table 9: Proposed 2023 and 2024 Apportionments of Rockfish Secondary Species in the Central GOA. This results in 922 mt being available for the non-Rockfish Program trawl fisheries. 3 The proposed trawl allocation is based on allocating 5 percent of the Eastern Regulatory Area (West Yakutat and Southeast Outside Districts combined) sablefish TAC as incidental catch to trawl gear in the West Yakutat District. lotter on DSK11XQN23PROD with PROPOSALS1 Proposed Allocations, Apportionments, and Sideboard Limitations for the Rockfish Program These proposed 2023 and 2024 harvest specifications for the GOA include the fishery cooperative allocations and sideboard limitations established by the Rockfish Program. Program participants are primarily trawl CVs and trawl CPs, with limited participation by vessels using longline gear. The Rockfish Program assigns quota share and cooperative quota to trawl participants for primary species (Pacific ocean perch, northern rockfish, and dusky rockfish) and secondary species (Pacific cod, rougheye rockfish, sablefish, shortraker rockfish, and thornyhead rockfish), allows a participant holding a license limitation program (LLP) license with rockfish quota share to form a rockfish cooperative with other persons, and allows holders of CP LLP licenses to opt out of the fishery. The Rockfish Program also has an entry level fishery for rockfish primary species for vessels using longline gear. Longline gear VerDate Sep<11>2014 18:28 Dec 01, 2022 Jkt 259001 includes hook-and-line, jig, troll, and handline gear. Under the Rockfish Program, rockfish primary species in the Central GOA are allocated to participants after deducting for incidental catch needs in other directed fisheries (§ 679.81(a)(2)). Participants in the Rockfish Program also receive a portion of the Central GOA TAC of specific secondary species. In addition to groundfish species, the Rockfish Program allocates a portion of the halibut PSC limit (191 mt) from the third season deep-water species fishery allowance for the GOA trawl fisheries to Rockfish Program participants (§ 679.81(d) and Table 28d to 50 CFR part 679). The Rockfish Program also establishes sideboard limits to restrict the ability of harvesters operating under the Rockfish Program to increase their participation in other, non-Rockfish Program fisheries. These restrictions and halibut PSC limits are discussed in the Rockfish Program Groundfish Sideboard and Halibut PSC Limitations section of this rule. Section 679.81(a)(2)(ii) and Table 28e to 50 CFR part 679 require allocations of 5 mt of Pacific ocean perch, 5 mt of PO 00000 Frm 00089 Fmt 4702 Sfmt 4702 northern rockfish, and 50 mt of dusky rockfish to the entry level longline fishery in 2023 and 2024. The allocation for the entry level longline fishery may increase incrementally each year if the catch exceeds 90 percent of the allocation of a species. The incremental increase in the allocation would continue each year until it reaches the maximum percentage of the TAC for that species. In 2022, the catch for all three primary species did not exceed 90 percent of any allocated rockfish species. Therefore, NMFS is not proposing any increases to the entry level longline fishery 2023 and 2024 allocations in the Central GOA. The remainder of the TACs for the rockfish primary species, after subtracting the ICAs, would be allocated to the CV and CP cooperatives (§ 679.81(a)(2)(iii)). Table 7 lists the allocations of the proposed 2023 and 2024 TACs for each rockfish primary species to the entry level longline fishery, the potential incremental increases for future years, and the maximum percentages of the TACs for the entry level longline fishery. E:\FR\FM\02DEP1.SGM 02DEP1 74112 Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Proposed Rules TABLE 7—PROPOSED 2023 AND 2024 ALLOCATIONS OF ROCKFISH PRIMARY SPECIES TO THE ENTRY LEVEL LONGLINE FISHERY IN THE CENTRAL GULF OF ALASKA Rockfish primary species Proposed 2023 and 2024 allocations Incremental increase in 2024 if >90 percent of 2023 allocation is harvested Pacific ocean perch ................................. Northern rockfish ..................................... Dusky rockfish ......................................... 5 metric tons ............................................ 5 metric tons ............................................ 50 metric tons .......................................... 5 metric tons ............................................ 5 metric tons ............................................ 20 metric tons .......................................... Section 679.81 requires allocations of rockfish primary species among various sectors of the Rockfish Program. Table 8 lists the proposed 2023 and 2024 allocations of rockfish primary species in the Central GOA to the entry level longline fishery, and rockfish CV and CP cooperatives in the Rockfish Program. NMFS also proposes setting aside ICAs for other directed fisheries in the Central GOA of 2,500 mt of Pacific ocean perch, 300 mt of northern rockfish, and 250 mt of dusky rockfish. These amounts are based on recent average incidental catches in the Central GOA by other groundfish fisheries. Allocations among vessels belonging to CV or CP cooperatives are not included in these proposed harvest specifications. Rockfish Program applications for CV cooperatives and CP cooperatives are not due to NMFS until March 1 of each calendar year; therefore, NMFS cannot calculate 2023 Up to maximum percent of each TAC of 1 2 5 and 2024 allocations in conjunction with these proposed harvest specifications. NMFS will post the 2023 allocations on the Alaska Region website at https:// www.fisheries.noaa.gov/alaska/ sustainable-fisheries/alaska-fisheriesmanagement-reports#central-goarockfish when they become available after March 1. TABLE 8—PROPOSED 2023 AND 2024 ALLOCATIONS OF ROCKFISH PRIMARY SPECIES IN THE CENTRAL GULF OF ALASKA TO THE ENTRY LEVEL LONGLINE FISHERY AND ROCKFISH COOPERATIVES IN THE ROCKFISH PROGRAM [Values are rounded to the nearest metric ton] Incidental catch allowance (ICA) Central GOA TAC Rockfish primary species Allocation to the entry level longline 1 fishery TAC minus ICA Allocation to the Rockfish cooperatives 2 Pacific ocean perch ......................................................... Northern rockfish .............................................................. Dusky rockfish .................................................................. 29,869 3,061 4,373 2,500 300 250 27,369 2,761 4,123 5 5 50 27,364 2,756 4,073 Total .......................................................................... 37,303 3,050 34,253 60 34,193 1 Longline 2 Rockfish gear includes hook-and-line, jig, troll, and handline gear (50 CFR 679.2). cooperatives include vessels in CV and CP cooperatives (50 CFR 679.81). Section 679.81(c) and Table 28c to 50 CFR part 679 requires allocations of rockfish secondary species to CV and CP cooperatives in the Central GOA. CV cooperatives receive allocations of Pacific cod, sablefish from the trawl gear allocation, and thornyhead rockfish. CP cooperatives receive allocations of sablefish from the trawl gear allocation, rougheye and blackspotted rockfish, shortraker rockfish, and thornyhead rockfish. Table 9 lists the apportionments of the proposed 2023 and 2024 TACs of rockfish secondary species in the Central GOA to CV and CP cooperatives. TABLE 9—PROPOSED 2023 AND 2024 APPORTIONMENTS OF ROCKFISH SECONDARY SPECIES IN THE CENTRAL GOA TO CATCHER VESSEL AND CATCHER/PROCESSOR COOPERATIVES [Values are in metric tons] Central GOA annual TAC lotter on DSK11XQN23PROD with PROPOSALS1 Rockfish secondary species Pacific cod ............................................................................ Sablefish .............................................................................. Shortraker rockfish ............................................................... Rougheye and blackspotted rockfish ................................... Thornyhead rockfish ............................................................ VerDate Sep<11>2014 18:28 Dec 01, 2022 Jkt 259001 PO 00000 Frm 00090 Catcher vessel cooperatives Percentage of TAC Apportionment (mt) Percentage of TAC Apportionment (mt) 3.81 6.78 0.00 0.00 7.84 494 644 0 0 71 0.00 3.51 40.00 58.87 26.50 0 333 112 138 241 12,962 9,495 280 234 910 Fmt 4702 Catcher/processor cooperatives Sfmt 4702 E:\FR\FM\02DEP1.SGM 02DEP1 Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Proposed Rules Halibut PSC Limits Section 679.21(d) establishes annual halibut PSC limit apportionments to trawl and hook-and-line gear, and authorizes the establishment of apportionments for pot gear. In October 2022, the Council recommended, and NMFS proposes, halibut PSC limits of 1,705 mt for trawl gear, 257 mt for hookand-line gear, and 9 mt for the demersal shelf rockfish (DSR) fishery in the SEO District for both 2023 and 2024. The DSR fishery in the SEO District is defined at § 679.21(d)(2)(ii)(A). This fishery is apportioned 9 mt of the halibut PSC limit in recognition of its small-scale harvests of groundfish (§ 679.21(d)(2)(i)(A)). The separate halibut PSC limit for the DSR fishery is intended to prevent that fishery from being impacted from the halibut PSC incurred by other GOA fisheries. NMFS estimates low halibut bycatch in the DSR fishery because, (1) the duration of the DSR fisheries and the gear soak times are short; (2) the DSR fishery occurs in the winter when there is less overlap in the distribution of DSR and halibut; and (3) the directed commercial DSR fishery has a low DSR TAC. The Alaska Department of Fish and Game sets the commercial GHL for the DSR fishery after deducting, (1) estimates of DSR incidental catch in all fisheries (including halibut and subsistence); and (2) the allocation to the DSR sport fish fishery. In 2022, the commercial fishery for DSR was closed due to concerns about declining DSR biomass. The FMP authorizes the Council to exempt specific gear from the halibut PSC limits. NMFS, after consultation with the Council, proposes to exempt pot gear, jig gear, and the sablefish IFQ hook-and-line gear fishery categories from the non-trawl halibut PSC limit for 2023 and 2024. The Council recommended, and NMFS is proposing, these exemptions because, (1) pot gear fisheries have low annual halibut bycatch mortality; (2) IFQ program regulations prohibit discard of halibut if any halibut IFQ permit holder on board a CV holds unused halibut IFQ for that vessel category and the IFQ regulatory area in which the vessel is operating (§ 679.7(f)(11)); (3) some sablefish IFQ permit holders hold halibut IFQ permits and are therefore required to retain the halibut they catch while fishing sablefish IFQ; and (4) NMFS estimates negligible halibut mortality for the jig gear fisheries given the small amount of groundfish harvested by jig gear, the selective nature of jig gear, and the high survival rates of halibut caught and released with jig gear. The best available information on estimated halibut bycatch consists of data collected by fisheries observers during 2022. The calculated halibut bycatch mortality through November 3, 2022 is 354 mt for trawl gear and 34 mt for hook-and-line gear, for a total halibut mortality of 388 mt. This halibut mortality was calculated using groundfish and IFQ halibut catch data from the NMFS Alaska Region’s catch accounting system. This accounting system contains historical and recent catch information compiled from each Alaska groundfish and IFQ halibut fishery. Section 679.21(d)(4)(i) and (ii) authorizes NMFS to seasonally apportion the halibut PSC limits after consultation with the Council. The FMP and regulations require that the Council and NMFS consider the following information in seasonally apportioning halibut PSC limits: (1) seasonal distribution of halibut; (2) seasonal distribution of target groundfish species 74113 relative to halibut distribution; (3) expected halibut bycatch needs on a seasonal basis relative to changes in halibut biomass and expected catch of target groundfish species; (4) expected bycatch rates on a seasonal basis; (5) expected changes in directed groundfish fishing seasons; (6) expected actual start of fishing effort; and (7) economic effects of establishing seasonal halibut allocations on segments of the target groundfish industry. Based on public comment, information presented in the 2022 SAFE report, NMFS catch data, State catch data, and International Pacific Halibut Commission (IPHC) stock assessment and mortality data, the Council may recommend, or NMFS may make changes, to the seasonal, geartype, or fishery category apportionments of halibut PSC limits for the final 2023 and 2024 harvest specifications pursuant to § 679.21(d)(1) and (4). The final 2022 and 2023 harvest specifications (87 FR 11599, March 2, 2022) lists the Council’s and NMFS’s seasonal apportionments based on these FMP and regulatory considerations with respect to halibut PSC limits. The Council’s and NMFS’s seasonal apportionments for these proposed 2023 and 2024 harvest specifications are unchanged from the final 2022 and 2023 harvest specifications. Table 10 lists the proposed 2023 and 2024 Pacific halibut PSC limits, allowances, and apportionments. The halibut PSC limits in Tables 10, 11, and 12 reflect the halibut PSC limits set forth at § 679.21(d)(2) and (3). Section 679.21(d)(4)(iii) and (iv) specifies that any underages or overages of a seasonal apportionment of a halibut PSC limit will be added to or deducted from the next respective seasonal apportionment within the fishing year. TABLE 10—PROPOSED 2023 AND 2024 PACIFIC HALIBUT PSC LIMITS, ALLOWANCES, AND APPORTIONMENTS [Values are in metric tons] Hook-and-line gear 1 Trawl gear Other than DSR Season Percent Season lotter on DSK11XQN23PROD with PROPOSALS1 DSR Amount January 20–April 1 ........... April 1–July 1 .................... July 1–August 1 ................ 30.5 20 27 519 341 462 August 1–October 1 ......... October 1–December 31 .. 7.5 15 128 256 Total .......................... .............. 1,705 Percent Amount Season January 1–June 10 ......... June 10–September 1 ..... September 1–December 31. 86 2 12 221 5 31 January 1–December 31 9 .......................................... .............. 257 .......................................... 9 1 The Amount Pacific halibut prohibited species catch (PSC) limit for hook-and-line gear is allocated to the demersal shelf rockfish (DSR) fishery in the SEO District and to hook-and-line fisheries other than the DSR fishery. The Council recommended, and NMFS proposes, that the hook-and-line sablefish IFQ fishery, and the pot and jig gear groundfish fisheries, be exempt from halibut PSC limits. VerDate Sep<11>2014 18:28 Dec 01, 2022 Jkt 259001 PO 00000 Frm 00091 Fmt 4702 Sfmt 4702 E:\FR\FM\02DEP1.SGM 02DEP1 74114 Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Proposed Rules Section 679.21(d)(3)(ii) authorizes further apportionment of the trawl halibut PSC limit as bycatch allowances to trawl fishery categories listed in § 679.21(d)(3)(iii). The annual apportionments are based on each category’s share of the anticipated halibut bycatch mortality during a fishing year and optimization of the total amount of groundfish harvest under the halibut PSC limit. The fishery categories for the trawl halibut PSC limits are: (1) a deep-water species fishery, composed of sablefish, rockfish, deep-water flatfish, rex sole, and arrowtooth flounder; and (2) a shallowwater species fishery, composed of pollock, Pacific cod, shallow-water flatfish, flathead sole, Atka mackerel, skates, and ‘‘other species’’ (sharks and octopuses) (§ 679.21(d)(3)(iii)). Halibut mortality incurred while directed fishing for skates with trawl gear accrues towards the shallow-water species fishery halibut PSC limit (69 FR 26320, May 12, 2004). NMFS will combine available trawl halibut PSC limit apportionments in part of the second season deep-water and shallow-water species fisheries for use in either fishery from May 15 through June 30 (§ 679.21(d)(4)(iii)(D)). This is intended to maintain groundfish harvest while minimizing halibut bycatch by these sectors to the extent practicable. This provides the trawl gear deep-water and shallow-water species fisheries additional flexibility and the incentive to participate in fisheries at times of the year that may have lower halibut PSC rates relative to other times of the year. Table 11 lists the proposed 2023 and 2024 seasonal apportionments of trawl halibut PSC limits between the trawl gear deep-water and the shallow-water species fisheries. Table 28d to 50 CFR part 679 specifies the amount of the trawl halibut PSC limit that is assigned to the CV and CP sectors that are participating in the Central GOA Rockfish Program. This includes 117 mt of halibut PSC limit to the CV sector and 74 mt of halibut PSC limit to the CP sector. These amounts are allocated from the trawl deep-water species fishery’s halibut PSC third seasonal apportionment. After the combined CV and CP halibut PSC limit allocation of 191 mt to the Rockfish Program, 150 mt remains for the trawl deep-water species fishery’s halibut PSC third seasonal apportionment. Section 679.21(d)(4)(iii)(B) limits the amount of the halibut PSC limit allocated to Rockfish Program participants that could be reapportioned to the general GOA trawl fisheries for the last seasonal apportionment during the current fishing year to no more than 55 percent of the unused annual halibut PSC limit apportioned to Rockfish Program participants. The remainder of the unused Rockfish Program halibut PSC limit is unavailable for use by any person for the remainder of the fishing year (§ 679.21(d)(4)(iii)(C)). TABLE 11—PROPOSED 2023 AND 2024 APPORTIONMENT OF THE PACIFIC HALIBUT PSC LIMITS BETWEEN THE TRAWL GEAR SHALLOW-WATER AND DEEP-WATER SPECIES FISHERY CATEGORIES [Values are in metric tons] Season Shallow-water Deep-water 1 Total January 20–April 1 ....................................................................................................................... April 1–July 1 ............................................................................................................................... July 1–August 1 ........................................................................................................................... August 1–October 1 ..................................................................................................................... 384 85 121 53 135 256 341 75 519 341 462 128 Subtotal, January 20–October 1 .......................................................................................... 643 807 1,450 October 1–December 31 2 ........................................................................................................... ........................ ........................ 256 Total ............................................................................................................................... ........................ ........................ 1,705 1 Vessels lotter on DSK11XQN23PROD with PROPOSALS1 participating in cooperatives in the Central GOA Rockfish Program will receive 191 mt of the third season (July 1 through August 1) deep-water species fishery halibut PSC apportionment. 2 There is no apportionment between trawl shallow-water and deep-water species fisheries during the fifth season (October 1 through December 31). Section 679.21(d)(2)(i)(B) requires that the ‘‘other hook-and-line fishery’’ halibut PSC limit apportionment to vessels using hook-and-line gear must be apportioned between CVs and CPs in accordance with § 679.21(d)(2)(iii) in conjunction with these harvest specifications. A comprehensive description and example of the calculations necessary to apportion the ‘‘other hook-and-line fishery’’ halibut PSC limit between the hook-and-line CV and CP sectors were included in the proposed rule to implement Amendment 83 to the FMP (76 FR 44700, July 26, 2011) and are not repeated here. Pursuant to § 679.21(d)(2)(iii), the hook-and-line halibut PSC limit for the ‘‘other hook-and-line fishery’’ is apportioned between the CV and CP VerDate Sep<11>2014 18:28 Dec 01, 2022 Jkt 259001 sectors in proportion to the total Western and Central GOA Pacific cod allocations, which vary annually based on the proportion of the Pacific cod biomass between the Western, Central, and Eastern GOA. Pacific cod is apportioned among these three management areas based on the percentage of overall biomass per area, as calculated in the 2021 Pacific cod stock assessment. Updated information in the final 2021 SAFE report describes this distributional calculation, which allocates ABC among GOA regulatory areas on the basis of the three most recent stock surveys. For 2023 and 2024, the proposed distribution of the total GOA Pacific cod ABC is 30.3 percent to the Western GOA, 60.2 percent to the Central GOA, and 9.5 percent to the Eastern GOA. Therefore, the PO 00000 Frm 00092 Fmt 4702 Sfmt 4702 calculations made in accordance with § 679.21(d)(2)(iii) incorporate the most recent information on GOA Pacific cod distribution and allocations with respect to the proposed annual halibut PSC limits for the CV and CP hook-and-line sectors. Additionally, the annual halibut PSC limits for both the CV and CP sectors of the ‘‘other hook-and-line fishery’’ are proposed to be divided into three seasonal apportionments, using seasonal percentages of 86 percent, 2 percent, and 12 percent. For 2023 and 2024, NMFS proposes annual halibut PSC limits of 150 mt and 107 mt to the hook-and-line CV and hook-and-line CP sectors, respectively. Table 12 lists the proposed 2023 and 2024 apportionments of halibut PSC limits between the hook-and-line CV E:\FR\FM\02DEP1.SGM 02DEP1 74115 Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Proposed Rules and the hook-and-line CP sectors of the ‘‘other hook-and-line fishery.’’ No later than November 1 of each year, NMFS will calculate the projected unused amount of halibut PSC limit by either of the CV or CP hook-and-line sectors of the ‘‘other hook-and-line fishery’’ for the remainder of the year. The projected unused amount of halibut PSC limit is made available to the other hook-and-line sector for the remainder of that fishing year (§ 679.21(d)(2)(iii)(C)), if NMFS determines that an additional amount of halibut PSC is necessary for that sector to continue its directed fishing operations. TABLE 12—PROPOSED 2023 AND 2024 APPORTIONMENTS OF THE ‘‘OTHER HOOK-AND-LINE FISHERY’’ ANNUAL HALIBUT PSC ALLOWANCE BETWEEN THE HOOK-AND-LINE GEAR CATCHER VESSEL AND CATCHER/PROCESSOR SECTORS [Values are in metric tons] ‘‘Other than DSR’’ allowance Hook-and-line sector 257 ................ Catcher Vessel .................................. 150 Catcher/Processor ............................. 107 Halibut Discard Mortality Rates To monitor halibut bycatch mortality allowances and apportionments, the Regional Administrator uses observed halibut incidental catch rates, halibut discard mortality rates (DMR), and estimates of groundfish catch to project when a fishery’s halibut bycatch mortality allowance or seasonal apportionment is reached. Halibut incidental catch rates are based on observed estimates of halibut incidental catch in the groundfish fishery. DMRs are estimates of the proportion of incidentally caught halibut that do not survive after being returned to the sea. The cumulative halibut mortality that accrues to a particular halibut PSC limit is the product of a DMR multiplied by the estimated halibut PSC. DMRs are estimated using the best scientific information available in conjunction with the annual GOA stock assessment process. The DMR methodology and findings are included as an appendix to the annual GOA groundfish SAFE report. In 2016, the DMR estimation methodology underwent revisions per the Council’s directive. An interagency halibut working group (IPHC, Council, and NMFS staff) developed improved estimation methods that have undergone review by the Plan Team, the Sector annual amount Seasonal percentage Season January 1–June 10 ........................... June 10–September 1 ....................... September 1–December 31 .............. January 1–June 10 ........................... June 10–September 1 ....................... September 1–December 31 .............. SSC, and the Council. A summary of the revised methodology is contained in the GOA proposed 2017 and 2018 harvest specifications (81 FR 87881, December 6, 2016), and the comprehensive discussion of the working group’s statistical methodology is available from the Council (see ADDRESSES). The DMR working group’s revised methodology is intended to improve estimation accuracy, transparency, and transferability for calculating DMRs. The working group will continue to consider improvements to the methodology used to calculate halibut mortality, including potential changes to the reference period (the period of data used for calculating the DMRs). Future DMRs may change based on additional years of observer sampling, which could provide more recent and accurate data and which could improve the accuracy of estimation and progress on methodology. The methodology will continue to ensure that NMFS is using DMRs that more accurately reflect halibut mortality, which will inform the different sectors of their estimated halibut mortality and allow specific sectors to respond with methods that could reduce mortality and, eventually, the DMR for that sector. In October 2022, the Council recommended halibut DMRs reviewed 86 2 12 86 2 12 Sector seasonal amount 129 3 18 92 2 13 by the Plan Team and SSC, which are derived from the revised methodology.The proposed 2023 and 2024 DMRs use an updated 2-year reference period. The Council’s motion incorrectly specified some of the proposed DMRs, but consistent with the Council’s intent, NMFS is proposing the DMRs calculated by the Plan Team and reviewed by the SSC for the proposed 2023 and 2024 DMRs. Comparing the proposed 2023 and 2024 DMRs to the final DMRs from the final 2022 and 2023 harvest specifications, the proposed DMR for Rockfish Program CVs using non-pelagic trawl gear decreased to 55 percent from 66 percent, the proposed DMR non-Rockfish Program CVs using non-pelagic gear increased to 74 percent from 69 percent, the proposed DMR for CPs using hookand-line gear decreased to 13 percent from 15 percent, the proposed DMR for CVs using hook-and-line gear decreased to 9 percent from 12 percent, and the proposed DMR for CPs and CVs using pot gear decreased to 27 percent from 29 percent. For pelagic trawl gear CVs and CPs, and non-pelagic trawl mothership and CPs, the DMRs remained the same. Table 13 lists the proposed 2023 and 2024 DMRs. TABLE 13—PROPOSED 2023 AND 2024 DISCARD MORTALITY RATES FOR VESSELS FISHING IN THE GULF OF ALASKA lotter on DSK11XQN23PROD with PROPOSALS1 [Values are percent of halibut assumed to be dead] Gear Sector Groundfish fishery Pelagic trawl ............................................ Catcher vessel ......................................... Catcher/processor ................................... Catcher vessel ......................................... Catcher vessel ......................................... All ............................................................. All ............................................................. Rockfish Program .................................... All others ................................................. Non-pelagic trawl ..................................... VerDate Sep<11>2014 18:28 Dec 01, 2022 Jkt 259001 PO 00000 Frm 00093 Fmt 4702 Sfmt 4702 E:\FR\FM\02DEP1.SGM 02DEP1 Halibut discard mortality rate (percent) 100 100 55 74 74116 Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Proposed Rules TABLE 13—PROPOSED 2023 AND 2024 DISCARD MORTALITY RATES FOR VESSELS FISHING IN THE GULF OF ALASKA— Continued [Values are percent of halibut assumed to be dead] Gear Sector Hook-and-line .......................................... Pot ........................................................... Mothership and catcher/processor .......... Catcher/processor ................................... Catcher vessel ......................................... Catcher vessel and catcher/processor .... lotter on DSK11XQN23PROD with PROPOSALS1 Chinook Salmon Prohibited Species Catch Limits Section 679.21(h)(2) establishes separate Chinook salmon PSC limits in the Western and Central regulatory areas of the GOA in the trawl pollock directed fishery. These limits require that NMFS close directed fishing for pollock in the Western and Central GOA if the applicable Chinook salmon PSC limit is reached (§ 679.21(h)(8)). The annual Chinook salmon PSC limits in the trawl pollock directed fishery of 6,684 salmon in the Western GOA and 18,316 salmon in the Central GOA are set in § 679.21(h)(2)(i) and (ii). Section 679.21(h)(3) established an initial annual PSC limit of 7,500 Chinook salmon for the non-pollock groundfish trawl fisheries in the Western and Central GOA. This limit is apportioned among the three sectors that conduct directed fishing for groundfish species other than pollock: 3,600 Chinook salmon to trawl CPs; 1,200 Chinook salmon to trawl CVs participating in the Rockfish Program; and 2,700 Chinook salmon to trawl CVs not participating in the Rockfish Program (§ 679.21(h)(4)). NMFS will monitor the Chinook salmon PSC in the trawl non-pollock GOA groundfish fisheries and close an applicable sector if it reaches its Chinook salmon PSC limit. The Chinook salmon PSC limit for two sectors, trawl CPs and trawl CVs not participating in the Rockfish Program, may be increased in subsequent years based on the performance of these two sectors and their ability to minimize their use of their respective Chinook salmon PSC limits. If either or both of VerDate Sep<11>2014 18:28 Dec 01, 2022 Jkt 259001 Groundfish fishery All All All All ............................................................. ............................................................. ............................................................. ............................................................. these two sectors limit its use of Chinook salmon PSC to a certain threshold amount in 2022 (3,120 for trawl CPs and 2,340 for non-Rockfish Program trawl CVs), that sector will receive an increase to its 2023 Chinook salmon PSC limit (4,080 for trawl CPs and 3,060 for non-Rockfish Program trawl CVs) (§ 679.21(h)(4)). NMFS will evaluate the annual Chinook salmon PSC by trawl CPs and non-Rockfish Program trawl CVs when the 2022 fishing year is complete to determine whether to increase the Chinook salmon PSC limits for these two sectors. Based on preliminary 2022 Chinook salmon PSC data, the trawl CP sector may receive an incremental increase of Chinook salmon PSC limit in 2023, and the non-Rockfish Program trawl CV sector may receive an incremental increase of Chinook salmon PSC limit in 2023. This evaluation will be completed in conjunction with the final 2023 and 2024 harvest specifications. American Fisheries Act (AFA) CP and CV Groundfish Harvest and PSC Limits Section 679.64 establishes groundfish harvesting and processing sideboard limits on AFA CPs and CVs in the GOA. These sideboard limits are necessary to protect the interests of fishermen and processors who do not directly benefit from the AFA from those fishermen and processors who receive exclusive harvesting and processing privileges under the AFA. Section 679.7(k)(1)(ii) prohibits listed AFA CPs and CPs designated on a listed AFA CP permit from harvesting any species of fish in the GOA. Additionally, § 679.7(k)(1)(iv) prohibits listed AFA CPs and CPs PO 00000 Frm 00094 Fmt 4702 Sfmt 4702 Halibut discard mortality rate (percent) 83 13 9 27 designated on a listed AFA CP permit from processing any pollock harvested in a directed pollock fishery in the GOA and any groundfish harvested in Statistical Area 630 of the GOA. AFA CVs that are less than 125 feet (38.1 meters) length overall, have annual landings of pollock in the Bering Sea and Aleutian Islands of less than 5,100 mt, and have made at least 40 landings of GOA groundfish from 1995 through 1997 are exempt from GOA CV groundfish sideboard limits under § 679.64(b)(2)(ii). Sideboard limits for non-exempt AFA CVs in the GOA are based on their traditional harvest levels of TAC in groundfish fisheries covered by the FMP. Section 679.64(b)(3)(iv) establishes the CV groundfish sideboard limits in the GOA based on the aggregate retained catch by non-exempt AFA CVs of each sideboard species from 1995 through 1997 divided by the TAC for that species over the same period. NMFS published a final rule (84 FR 2723, February 8, 2019) that implemented regulations to prohibit non-exempt AFA CVs from directed fishing for specific groundfish species or species groups subject to sideboard limits (§ 679.20(d)(1)(iv)(D) and Table 56 to 50 CFR part 679). Sideboard limits not subject to the final rule continue to be calculated and included in the GOA annual harvest specifications. Table 14 lists the proposed 2023 and 2024 groundfish sideboard limits for non-exempt AFA CVs. NMFS will deduct all targeted or incidental catch of sideboard species made by non-exempt AFA CVs from the sideboard limits listed in Table 14. E:\FR\FM\02DEP1.SGM 02DEP1 74117 Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Proposed Rules TABLE 14—PROPOSED 2023 AND 2024 GOA NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL (CV) GROUNDFISH SIDEBOARD LIMITS [Values are rounded to the nearest metric ton] Apportionments by season/ gear Species Pollock ................................... A Season, January 20–May 31. B Season, September 1–November 1. Annual ................................... Pacific cod ............................. A Season 1 ............................ January 1–June 10 ............... B Season 2, September 1– December 31. Flatfish, shallow-water ........... Annual ................................... Flatfish, deep-water ............... Annual ................................... Rex sole ................................ Arrowtooth flounder ............... Flathead sole ......................... Pacific ocean perch ............... Annual Annual Annual Annual Northern rockfish ................... Annual ................................... 1 The 2 The 3 The ................................... ................................... ................................... ................................... Area/component Ratio of 1995– 1997 non-exempt AFA CV catch to 1995– 1997 TAC Proposed 2023 and 2024 TACs 3 Proposed 2023 and 2024 non-exempt AFA CV sideboard limit Shumagin (610) .................... 0.6047 1,122 679 Chirikof (620) ........................ Kodiak (630) ......................... Shumagin (610) .................... 0.1167 0.2028 0.6047 51,845 8,009 22,384 6,050 1,624 13,535 Chirikof (620) ........................ Kodiak (630) ......................... WYK (640) ............................ SEO (650) ............................. W .......................................... C ........................................... W .......................................... 0.1167 0.2028 0.3495 0.3495 0.1331 0.0692 0.1331 16,797 21,795 6,663 11,363 3,879 8,311 2,210 1,960 4,420 2,329 3,971 516 575 294 C ........................................... W .......................................... C ........................................... C ........................................... E ........................................... C ........................................... C ........................................... C ........................................... C ........................................... E ........................................... C ........................................... 0.0692 0.0156 0.0587 0.0647 0.0128 0.0384 0.0280 0.0213 0.0748 0.0466 0.0277 4,651 13,250 26,743 2,105 3,457 13,054 67,493 15,400 29,869 4,712 3,061 322 207 1,570 136 44 501 1,890 328 2,234 220 85 Pacific cod A season for trawl gear does not open until January 20. Pacific cod B season for trawl gear closes November 1. Western and Central GOA and WYK District area apportionments of pollock are considered ACLs. Non-Exempt AFA Catcher Vessel Halibut PSC Limits The halibut PSC sideboard limits for non-exempt AFA CVs in the GOA are based on the aggregate retained groundfish catch by non-exempt AFA CVs in each PSC target category from 1995 through 1997 divided by the retained catch of all vessels in that fishery from 1995 through 1997 (§ 679.64(b)(4)(ii)). Table 15 lists the proposed 2023 and 2024 non-exempt AFA CV halibut PSC limits for vessels using trawl gear in the GOA. TABLE 15—PROPOSED 2023 AND 2024 NON-EXEMPT AFA CV HALIBUT PSC SIDEBOARD LIMITS FOR VESSELS USING TRAWL GEAR IN THE GOA lotter on DSK11XQN23PROD with PROPOSALS1 [PSC limits are rounded to the nearest metric ton] Ratio of 1995– 1997 non-exempt AFA CV retained catch to total retained catch Proposed 2023 and 2024 PSC limit Proposed 2023 and 2024 non-exempt AFA CV PSC limit Season Season dates Fishery category 1 ........... January 20–April 1 ................................ 2 ........... April 1–July 1 ......................................... 3 ........... July 1–August 1 ..................................... 4 ........... August 1–October 1 .............................. 5 ........... October 1–December 31 ....................... shallow-water ......................................... deep-water ............................................. shallow-water ......................................... deep-water ............................................. shallow-water ......................................... deep-water ............................................. shallow-water ......................................... deep-water ............................................. all targets ............................................... 0.340 0.070 0.340 0.070 0.340 0.070 0.340 0.070 0.205 384 135 85 256 121 341 53 75 256 131 9 29 18 41 24 18 5 52 Annual ...................................................................... Total shallow-water ................................ ........................ ........................ 219 Total deep-water .................................... ........................ ........................ 56 1,705 328 Grand Total, all seasons and categories VerDate Sep<11>2014 18:28 Dec 01, 2022 Jkt 259001 PO 00000 Frm 00095 Fmt 4702 Sfmt 4702 E:\FR\FM\02DEP1.SGM 02DEP1 74118 Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Proposed Rules Non-AFA Crab Vessel Groundfish Harvest Limitations Section 680.22 establishes groundfish sideboard limits for vessels with a history of participation in the Bering Sea snow crab fishery to prevent these vessels from using the increased flexibility provided by the Crab Rationalization (CR) Program to expand their level of participation in the GOA groundfish fisheries. Sideboard harvest limits restrict these vessels’ catch to their collective historical landings in each GOA groundfish fishery (except the fixed-gear sablefish fishery). Sideboard limits also apply to landings made using an LLP license derived from the history of a restricted vessel, even if vessels from directed fishing for all groundfish species or species groups subject to sideboard limits, except for Pacific cod apportioned to CVs using pot gear in the Western and Central Regulatory Areas (§ 680.22(e)(1)(iii)). Accordingly, the GOA annual harvest specifications include only the nonAFA crab vessel groundfish sideboard limits for Pacific cod apportioned to CVs using pot gear in the Western and Central Regulatory Areas. Table 16 lists the proposed 2023 and 2024 groundfish sideboard limits for non-AFA crab vessels. All targeted or incidental catch of sideboard species made by non-AFA crab vessels or associated LLP licenses will be deducted from these sideboard limits. that LLP license is used on another vessel. The basis for these sideboard harvest limits is described in detail in the final rules implementing the major provisions of the CR Program, including Amendments 18 and 19 to the Fishery Management Plan for Bering Sea/ Aleutian Islands King and Tanner Crabs (Crab FMP) (70 FR 10174, March 2, 2005), Amendment 34 to the Crab FMP (76 FR 35772, June 20, 2011), Amendment 83 to the GOA FMP (76 FR 74670, December 1, 2011), and Amendment 45 to the Crab FMP (80 FR 28539, May 19, 2015). Also, NMFS published a final rule (84 FR 2723, February 8, 2019) that implemented regulations to prohibit non-AFA crab TABLE 16—PROPOSED 2023 AND 2024 GOA NON-AMERICAN FISHERIES ACT CRAB VESSEL GROUNDFISH SIDEBOARD LIMITS [Values are rounded to the nearest metric ton] Species Pacific cod ............................. Season/gear Area/component/gear A Season, January 1–June 10. B Season, September 1–December 31. lotter on DSK11XQN23PROD with PROPOSALS1 Rockfish Program Groundfish Sideboard and Halibut PSC Limitations The Rockfish Program establishes three classes of sideboard provisions: CV groundfish sideboard restrictions, CP rockfish sideboard restrictions, and CP opt-out vessel sideboard restrictions (§ 679.82(c)(1)). These sideboards are intended to limit the ability of rockfish harvesters to expand into other fisheries. CVs participating in the Rockfish Program may not participate in directed fishing for dusky rockfish, Pacific ocean perch, and northern rockfish in the Western GOA and West Yakutat District from July 1 through July 31. Also, CVs may not participate in directed fishing for arrowtooth flounder, deep-water flatfish, and rex sole in the GOA from July 1 through July 31 (§ 679.82(d)). Prior to 2021, CPs participating in Rockfish Program cooperatives were restricted by rockfish sideboard limits in the Western GOA. A final rule that implemented Amendment 111 to the FMP (86 FR 11895, March 1, 2021) removed Western GOA rockfish sideboard ratios for Rockfish Program CPs from regulation. That rule also VerDate Sep<11>2014 18:28 Dec 01, 2022 Jkt 259001 Ratio of 1996– 2000 non-AFA crab vessel catch to 1996– 2000 total harvest Frm 00096 Proposed 2023 and 2024 non-AFA crab vessel sideboard limit Western Pot CV .................... 0.0997 3,879 387 Central Pot CV ..................... Western Pot CV .................... 0.0474 0.0997 8,311 2,210 394 220 Central Pot CV ..................... 0.0474 4,651 220 revised and clarified the establishment of West Yakutat District rockfish sideboard ratios in regulation, rather than specifying the West Yakutat District rockfish sideboard ratios in the annual GOA harvest specifications. CPs participating in Rockfish Program cooperatives are restricted by rockfish and halibut PSC sideboard limits. These CPs are prohibited from directed fishing for dusky rockfish, Pacific ocean perch, and northern rockfish in the Western GOA and West Yakutat District from July 1 through July 31 (§ 679.82(e)(2)). The sideboard ratio for each rockfish fishery in the West Yakutat District is set forth in § 679.82(e)(4). The rockfish sideboard ratio for each rockfish fishery in the West Yakutat District is an established percentage of the TAC for catcher/processors in the directed fishery for dusky rockfish and Pacific ocean perch. These percentages are confidential. Holders of CP-designated LLP licenses that opt out of participating in a Rockfish Program cooperative will be able to access that portion of each rockfish sideboard limits that is not assigned to Rockfish Program cooperatives (§ 679.82(e)(7)). PO 00000 Proposed 2023 and 2024 TACs Fmt 4702 Sfmt 4702 Under the Rockfish Program, the CP sector is subject to halibut PSC sideboard limits for the trawl deepwater and shallow-water species fisheries from July 1 through July 31 (§ 679.82(e)(3) and (5)). Halibut PSC sideboard ratios by fishery are set forth in § 679.82(e)(5). No halibut PSC sideboard limits apply to the CV sector, as vessels participating in a rockfish cooperative receive a portion of the annual halibut PSC limit. CPs that opt out of the Rockfish Program would be able to access that portion of the deepwater and shallow-water halibut PSC sideboard limit not assigned to CP rockfish cooperatives. The sideboard provisions for CPs that elect to opt out of participating in a rockfish cooperative are described in § 679.82(c), (e), and (f). Sideboard limits are linked to the catch history of specific vessels that may choose to opt out. After March 1, NMFS will determine which CPs have optedout of the Rockfish Program in 2023, and will know the ratios and amounts used to calculate opt-out sideboard ratios. NMFS will then calculate any applicable opt-out sideboard limits for 2023 and post these limits on the Alaska E:\FR\FM\02DEP1.SGM 02DEP1 Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Proposed Rules Region website at https:// www.fisheries.noaa.gov/alaska/ sustainable-fisheries/alaska-fisheries- management-reports#central-goarockfish. Table 17 lists the proposed 74119 2023 and 2024 Rockfish Program halibut PSC sideboard limits for the CP sector. TABLE 17—PROPOSED 2023 AND 2024 ROCKFISH PROGRAM HALIBUT PSC SIDEBOARD LIMITS FOR THE CATCHER/ PROCESSOR SECTOR [Values are rounded to the nearest metric ton] Sector Shallow-water species fishery halibut PSC sideboard ratio (percent) Deep-water species fishery halibut PSC sideboard ratio (percent) Catcher/processor ................................................................ 0.10 2.50 Amendment 80 Program Groundfish and PSC Sideboard Limits Amendment 80 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (Amendment 80 Program) established a limited access privilege program for the non-AFA trawl CP sector. The Amendment 80 Program established groundfish and halibut PSC limits for Amendment 80 Program participants to limit the ability of participants eligible for the Amendment 80 Program to expand their harvest efforts in the GOA. Section 679.92 establishes groundfish harvesting sideboard limits on all Amendment 80 Program vessels, other than the F/V Golden Fleece, to amounts no greater than the limits shown in Table 37 to 50 CFR part 679. Under § 679.92(d), the F/V Golden Fleece is prohibited from directed fishing for pollock, Pacific cod, Pacific ocean perch, dusky rockfish, and northern rockfish in the GOA. Annual halibut PSC limit (mt) Annual shallow-water species fishery halibut PSC sideboard limit (mt) Annual deepwater species fishery halibut PSC sideboard limit (mt) 1,705 2 43 Groundfish sideboard limits for Amendment 80 Program vessels operating in the GOA are based on their average aggregate harvests from 1998 through 2004 (72 FR 52668, September 14, 2007). Table 18 lists the proposed 2023 and 2024 groundfish sideboard limits for Amendment 80 Program vessels. NMFS will deduct all targeted or incidental catch of sideboard species made by Amendment 80 Program vessels from the sideboard limits in Table 18. TABLE 18—PROPOSED 2023 AND 2024 GOA GROUNDFISH SIDEBOARD LIMITS FOR AMENDMENT 80 PROGRAM VESSELS [Values are rounded to the nearest metric ton] Species Pollock ................................... Season Area A Season, January 20–May 31. B Season, September 1–November 1. Pacific ocean perch ............... Annual ................................... A Season 1, January 1–June 10. B Season 2, September 1– December 31. Annual ................................... Annual ................................... Northern rockfish ................... Dusky rockfish ....................... Annual ................................... Annual ................................... Pacific cod ............................. 1 The 2 The lotter on DSK11XQN23PROD with PROPOSALS1 3 The Ratio of Amendment 80 sector vessels 1998– 2004 catch to TAC Shumagin (610) .................... Chirikof (620) ........................ Kodiak (630) ......................... Shumagin (610) .................... Chirikof (620) ........................ Kodiak (630) ......................... WYK (640) ............................ W .......................................... C ........................................... W .......................................... C ........................................... WYK ...................................... W .......................................... WYK ...................................... W .......................................... W .......................................... WYK ...................................... 0.003 0.002 0.002 0.003 0.002 0.002 0.002 0.020 0.044 0.020 0.044 0.034 0.994 0.961 1.000 0.764 0.896 Proposed 2023 and 2024 TAC (mt) 3 1,122 51,845 8,009 22,384 16,797 21,795 6,663 3,879 8,311 2,210 4,651 2,045 2,523 1,366 1,859 259 412 Proposed 2023 and 2024 Amendment 80 vessel sideboard limits (mt) 3 104 16 67 34 44 13 78 366 44 205 70 2,508 1,313 1,859 198 369 Pacific cod A season for trawl gear does not open until January 20. Pacific cod B season for trawl gear closes November 1. Western and Central GOA and WYK District area apportionments of pollock are considered ACLs. The halibut PSC sideboard limits for Amendment 80 Program vessels in the GOA are based on the historical use of halibut PSC by Amendment 80 Program vessels in each PSC target category from 1998 through 2004. These values are VerDate Sep<11>2014 19:24 Dec 01, 2022 Jkt 259001 slightly lower than the average historical use to accommodate two factors: allocation of halibut PSC cooperative quota under the Rockfish Program and the exemption of the F/V Golden Fleece from this restriction PO 00000 Frm 00097 Fmt 4702 Sfmt 4702 (§ 679.92(b)(2)). Table 19 lists the proposed 2023 and 2024 halibut PSC sideboard limits for Amendment 80 E:\FR\FM\02DEP1.SGM 02DEP1 74120 Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Proposed Rules Program vessels. This table incorporates the maximum percentages of the halibut PSC sideboard limits that may be used by Amendment 80 Program vessels as contained in Table 38 to 50 CFR part 679. Any residual amount of a seasonal Amendment 80 halibut PSC sideboard limit may carry forward to the next season limit (§ 679.92(b)(2)). TABLE 19—PROPOSED 2023 AND 2024 HALIBUT PSC SIDEBOARD LIMITS FOR AMENDMENT 80 PROGRAM VESSELS IN THE GOA [Values are rounded to the nearest metric ton] Historic Amendment 80 use of the annual halibut PSC limit (ratio) Proposed 2023 and 2024 Amendment 80 vessel PSC sideboard limit (mt) Season Season dates Fishery category 1 ........... January 20–April 1 ................................ 2 ........... April 1–July 1 ......................................... 3 ........... July 1–August 1 ..................................... 4 ........... August 1–October 1 .............................. 5 ........... October 1–December 31 ....................... shallow-water ......................................... deep-water ............................................. shallow-water ......................................... deep-water ............................................. shallow-water ......................................... deep-water ............................................. shallow-water ......................................... deep-water ............................................. shallow-water ......................................... deep-water ............................................. 0.0048 0.0115 0.0189 0.1072 0.0146 0.0521 0.0074 0.0014 0.0227 0.0371 1,705 1,705 1,705 1,705 1,705 1,705 1,705 1,705 1,705 1,705 8 20 32 183 25 89 13 2 39 63 Annual ...................................................................... Total shallow-water ................................ ........................ ........................ 117 Total deep-water .................................... ................................................................ ........................ 357 Grand Total, all seasons and categories lotter on DSK11XQN23PROD with PROPOSALS1 Proposed 2023 and 2024 annual PSC limit (mt) Classification NMFS is issuing this proposed rule pursuant to section 305(d) of the Magnuson-Stevens Act. Through previous actions, the FMP and regulations are designed to authorize NMFS to take this action. See 50 CFR part 679. The NMFS Assistant Administrator has determined that the proposed harvest specifications are consistent with the FMP and preliminarily determined that the proposed harvest specifications are consistent with the Magnuson-Stevens Act and other applicable laws, subject to further review after public comment. This action is authorized under 50 CFR 679.20 and is exempt from review under Executive Order 12866. NMFS prepared an EIS for the Alaska groundfish harvest specifications and alternative harvest strategies (see ADDRESSES) and made it available to the public on January 12, 2007 (72 FR 1512). On February 13, 2007, NMFS issued the ROD for the Final EIS. A SIR is being prepared for the final 2023 and 2024 harvest specifications to provide a subsequent assessment of the action and to address the need to prepare a Supplemental EIS (40 CFR 1501.11(b); 1502.9(d)(1)). Copies of the Final EIS, ROD, and annual SIRs for this action are available from NMFS (see ADDRESSES). The Final EIS analyzes the environmental, social, and economic VerDate Sep<11>2014 19:24 Dec 01, 2022 Jkt 259001 474 consequences of the proposed groundfish harvest specifications and alternative harvest strategies on resources in the action area. Based on the analysis in the Final EIS, NMFS concluded that the preferred Alternative (Alternative 2) provides the best balance among relevant environmental, social, and economic considerations and allows for continued management of the groundfish fisheries based on the most recent, best scientific information. Initial Regulatory Flexibility Analysis This Initial Regulatory Flexibility Analysis (IRFA) was prepared for this proposed rule, as required by Section 603 of the Regulatory Flexibility Act (RFA) (5 U.S.C. 603), to describe the economic impact that this proposed rule, if adopted, would have on small entities. The IRFA describes the action; the reasons why this proposed rule is proposed; the objectives and legal basis for this proposed rule; the estimated number and description of directly regulated small entities to which this proposed rule would apply; the recordkeeping, reporting, and other compliance requirements of this proposed rule; and the relevant Federal rules that may duplicate, overlap, or conflict with this proposed rule. The IRFA also describes significant alternatives to this proposed rule that would accomplish the stated objectives PO 00000 Frm 00098 Fmt 4702 Sfmt 4702 of the Magnuson-Stevens Act, and any other applicable statutes, and that would minimize any significant economic impact of this proposed rule on small entities. The description of the proposed action, its purpose, and the legal basis are explained earlier in the preamble and are not repeated here. For RFA purposes only, NMFS has established a small business size standard for businesses, including their affiliates, whose primary industry is commercial fishing (see 50 CFR 200.2). A business primarily engaged in commercial fishing (North American Industry Classification System (NAICS) code 11411) is classified as a small business if it is independently owned and operated, is not dominant in its field of operation (including its affiliates), and has combined annual receipts not in excess of $11 million for all its affiliated operations worldwide. A shoreside processor primarily involved in seafood processing (NAICS code 311710) is classified as a small business if it is independently owned and operated, is not dominant in its field of operation (including its affiliates), and has combined annual employment, counting all individuals employed on a full-time, part-time, or other basis, not in excess of 750 employees for all its affiliated operations worldwide. E:\FR\FM\02DEP1.SGM 02DEP1 Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Proposed Rules Number and Description of Small Entities Regulated by This Proposed Rule The entities directly regulated by the groundfish harvest specifications include: (a) entities operating vessels with groundfish Federal fisheries permits (FFPs) catching FMP groundfish in Federal waters (including those receiving direction allocations of groundfish); (b) all entities operating vessels, regardless of whether they hold groundfish FFPs, catching FMP groundfish in the State-waters parallel fisheries; and (c) all entities operating vessels fishing for halibut inside 3 miles of the shore (whether or not they have FFPs). In 2021 (the most recent year of complete data), there were 671 individual CVs and CPs with gross revenues less than or equal to $11 million. This represents the potential suite of directly regulated small entities. This includes an estimated 668 small CV and 3 small CP entities in the GOA groundfish sector. The determination of entity size is based on vessel revenues and affiliated group revenues. This determination also includes an assessment of fisheries cooperative affiliations, although actual vessel ownership affiliations have not been completely established. However, the estimate of these 671 CVs and CPs may be an overstatement of the number of small entities. The CVs had average gross revenues that varied by gear type. Average gross revenues for hook-andline CVs, pot gear CVs, and trawl gear CVs are estimated to be $390,000, $720,000, and $1.96 million, respectively. Average gross revenues for CP entities are confidential. lotter on DSK11XQN23PROD with PROPOSALS1 Description of Significant Alternatives That Minimize Adverse Impacts on Small Entities The action under consideration is the proposed 2023 and 2024 harvest specifications, apportionments, and Pacific halibut prohibited species catch limits for the groundfish fishery of the GOA. This action is necessary to establish harvest limits for groundfish during the 2023 and 2024 fishing years and is taken in accordance with the FMP prepared by the Council pursuant to the Magnuson-Stevens Act. The establishment of the proposed harvest specifications is governed by the Council’s harvest strategy to govern the catch of groundfish in the GOA. This strategy was selected from among five alternatives, with the preferred alternative harvest strategy being one in which the TACs fall within the range of ABCs recommended by the SSC. Under VerDate Sep<11>2014 18:28 Dec 01, 2022 Jkt 259001 the preferred harvest strategy, TACs are set to a level that falls within the range of ABCs recommended by the SSC; the sum of the TACs must achieve the OY specified in the FMP. While the specific numbers that the harvest strategy produces may vary from year to year, the methodology used for the preferred harvest strategy remains constant. The TACs associated with preferred harvest strategy are those recommended by the Council in October 2022. OFLs and ABCs for the species were based on recommendations prepared by the Council’s Plan Team in September 2022, and reviewed by the Council’s SSC in October 2022. The Council based its TAC recommendations on those of its AP, which were consistent with the SSC’s OFL and ABC recommendations. The TACs in these proposed 2023 and 2024 harvest specifications are unchanged from the 2023 TACs in the final 2022 and 2023 harvest specifications (87 FR 11599; March 2, 2022), and the sum of all TACs remains within the OY for the GOA. The proposed 2023 and 2024 OFLs and ABCs are based on the best available biological information, including projected biomass trends, information on assumed distribution of stock biomass, and revised technical methods to calculate stock biomass. The proposed 2023 and 2024 TACs are based on the best available biological and socioeconomic information. The proposed 2023 and 2024 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. Under this action, the proposed ABCs reflect harvest amounts that are less than the specified overfishing levels. The proposed TACs are within the range of proposed ABCs recommended by the SSC and do not exceed the biological limits recommended by the SSC (the ABCs and overfishing levels). For most species and species groups in the GOA, the Council recommended, and NMFS proposes, TACs equal to proposed ABCs, which is intended to maximize harvest opportunities in the GOA. For some species and species groups, however, the Council recommended, and NMFS proposes, TACs that are less than the proposed ABCs, including for pollock in the W/C/WYK Regulatory Area, Pacific cod, shallow-water flatfish in the Western Regulatory Area, arrowtooth flounder in the Western Regulatory Area and SEO District, flathead sole in the Western and Central Regulatory Areas, other rockfish in the SEO District, and Atka mackerel. In the GOA, increasing TACs for some species PO 00000 Frm 00099 Fmt 4702 Sfmt 4702 74121 may not result in increased harvest opportunities for those species. This is due to a variety of reasons. There may be a lack of commercial or market interest in some species. Additionally, there are fixed, and therefore constraining, PSC limits associated with the harvest of the GOA groundfish species that can lead to an underharvest of flatfish TACs. For this reason, the shallow-water flatfish, arrowtooth flounder, and flathead sole TACs are set to allow for increased harvest opportunities for these target species while conserving the halibut PSC limit for use in other fisheries. The other rockfish and Atka mackerel TACs are set to accommodate ICAs in other fisheries. Finally, the TACs for two species (pollock and Pacific cod) cannot be set equal to ABC, as the TAC must be reduced to account for the State’s GHLs in these fisheries. The W/C/WYK Regulatory Area pollock TAC and the GOA Pacific cod TACs are therefore set to account for the State’s GHLs for the State waters pollock and Pacific cod fisheries so that the ABCs are not exceeded. For most species in the GOA, the Council recommended, and NMFS proposes, that proposed TACs equal proposed ABCs, unless other conservation or management reasons support proposed TAC amounts less than the proposed ABCs. Based upon the best available scientific data, and in consideration of the Council’s objectives of this action, it appears that there are no significant alternatives to the proposed rule that have the potential to accomplish the stated objectives of the MagnusonStevens Act and any other applicable statutes and that have the potential to minimize any significant adverse economic impact of the proposed rule on small entities. This action is economically beneficial to entities operating in the GOA, including small entities. The action proposes TACs for commercially valuable species in the GOA and allows for the continued prosecution of the fishery, thereby creating the opportunity for fishery revenue. After public process, during which the Council solicited input from stakeholders, the Council concluded that the proposed harvest specifications would best accomplish the stated objectives articulated in the preamble for this proposed rule, and in applicable statutes, and would minimize to the extent practicable adverse economic impacts on the universe of directly regulated small entities. E:\FR\FM\02DEP1.SGM 02DEP1 74122 Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Proposed Rules lotter on DSK11XQN23PROD with PROPOSALS1 This action does not modify recordkeeping or reporting requirements, or duplicate, overlap, or conflict with any Federal rules. This proposed rule contains no information collection requirements under the Paperwork Reduction Act of 1995. Adverse impacts on marine mammals or endangered or threatened species VerDate Sep<11>2014 18:28 Dec 01, 2022 Jkt 259001 resulting from fishing activities conducted under these harvest specifications are discussed in the Final EIS and its accompanying annual SIRs (see ADDRESSES). Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 1540(f); 16 U.S.C. 1801 et seq.; 16 U.S.C. 3631 et seq.; Pub. L. 105–277; Pub. L. 106– 31; Pub. L. 106–554; Pub. L. 108–199; Pub. PO 00000 Frm 00100 Fmt 4702 Sfmt 9990 L. 108–447; Pub. L. 109–241; Pub. L. 109– 479. Dated: November 23, 2022. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2022–26173 Filed 12–1–22; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\02DEP1.SGM 02DEP1

Agencies

[Federal Register Volume 87, Number 231 (Friday, December 2, 2022)]
[Proposed Rules]
[Pages 74102-74122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26173]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 221123-0249; RTID 0648-XC347]

Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of
Alaska; Proposed 2023 and 2024 Harvest Specifications for Groundfish

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; harvest specifications and request for comments.

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SUMMARY: NMFS proposes 2023 and 2024 harvest specifications,
apportionments, and Pacific halibut prohibited species catch limits for
the groundfish fishery of the Gulf of Alaska (GOA). This action is
necessary to establish harvest limits for groundfish during the 2023
and 2024 fishing years and to accomplish the goals and objectives of
the Fishery Management Plan for Groundfish of the Gulf of Alaska. The
2023 harvest specifications supersede those previously set in the final
2022 and 2023 harvest specifications, and the 2024 harvest
specifications will be superseded in early 2024 when the final 2024 and
2025 harvest specifications are published. The intended effect of this
action is to conserve and manage the groundfish resources in the GOA in
accordance with the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act).

DATES: Comments must be received by January 3, 2023.

ADDRESSES: Submit comments on this document, identified by NOAA-NMFS-
2022-0094, by either of the following methods:
Federal e-Rulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2022-0094, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: Submit written comments to Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region NMFS,
Attn: Records Office. Mail comments to P.O. Box 21668, Juneau, AK
99802-1668.
Instructions: NMFS may not consider comments if they are sent by
any other method, to any other address or individual, or received after
the comment period ends. All comments

[[Page 74103]]

received are a part of the public record, and NMFS will post the
comments for public viewing on www.regulations.gov without change. All
personal identifying information (e.g., name, address), confidential
business information, or otherwise sensitive information submitted
voluntarily by the sender is publicly accessible. NMFS will accept
anonymous comments (enter ``N/A'' in the required fields if you wish to
remain anonymous).
Electronic copies of the Alaska Groundfish Harvest Specifications
Final Environmental Impact Statement (Final EIS), Record of Decision
(ROD) for the Final EIS, and the annual Supplementary Information
Reports (SIR) to the Final EIS prepared for this action are available
from https://www.regulations.gov. An updated 2023 SIR for the final
2023 and 2024 harvest specifications will be available from the same
source. The final 2021 Stock Assessment and Fishery Evaluation (SAFE)
report for the groundfish resources of the GOA, dated November 2021, is
available from the North Pacific Fishery Management Council (Council)
at 1007 West Third, Suite 400, Anchorage, AK 99501-2252, phone 907-271-
2809, or from the Council's website at https://www.npfmc.org. The 2022
SAFE report for the GOA will be available from the same source.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the GOA groundfish fisheries in
the exclusive economic zone (EEZ) of the GOA under the Fishery
Management Plan for Groundfish of the Gulf of Alaska (FMP). The Council
prepared the FMP under the authority of the Magnuson-Stevens Act (16
U.S.C. 1801 et seq.). Regulations governing U.S. fisheries and
implementing the FMP appear at 50 CFR parts 600, 679, and 680.
The FMP and its implementing regulations require that NMFS, after
consultation with the Council, specify the total allowable catch (TAC)
for each target species, the sum of which must be within the optimum
yield (OY) range of 116,000 to 800,000 metric tons (mt) (Sec. Sec.
679.20(a)(1)(i)(B) and 679.20(a)(2)). Section 679.20(c)(1) further
requires NMFS to publish and solicit public comment on proposed annual
TACs and apportionments thereof, Pacific halibut prohibited species
catch (PSC) limits, and seasonal allowances of pollock and Pacific cod.
The proposed harvest specifications in Tables 1 through 19 of this rule
satisfy these requirements. For 2023 and 2024, the sum of the proposed
TAC amounts is 443,615 mt.
Under Sec. 679.20(c)(3), NMFS will publish the final 2023 and 2024
harvest specifications after (1) considering comments received within
the comment period (see DATES), (2) consulting with the Council at its
December 2022 meeting, (3) considering information presented in the
2023 SIR to the Final EIS that assesses the need to prepare a
Supplemental EIS (see ADDRESSES), and (4) considering information
presented in the final 2022 SAFE report prepared for the 2023 and 2024
groundfish fisheries.

Other Actions Potentially Affecting the 2023 and 2024 Harvest
Specifications

Amendment 122 to the Bering Sea and Aleutian Islands FMP: Pacific Cod
Cooperative Program

NMFS is developing a proposed rule to implement Amendment 122 to
the FMP for Groundfish of the Bering Sea and Aleutian Islands
Management Area (BSAI), which, if approved, would establish the Pacific
Cod Trawl Cooperative Program (PCTC Program) to allocate BSAI Pacific
cod harvest quota to qualifying groundfish License Limitation Program
(LLP) license holders and qualifying processors. The PCTC Program would
be a limited access privilege program (LAPP) for the harvest of Pacific
cod in the BSAI trawl catcher vessel (CV) sector.
One of the elements of the proposed PCTC Program is to revise the
GOA groundfish sideboard limits and halibut PSC limits for LLP licenses
that receive allocations of PCTC quota share. The Program would change
the American Fisheries Act (AFA) non-exempt GOA groundfish sideboard
and halibut PSC limits for all non-exempt AFA LLP licenses and CVs
based on the GOA fishing activity of these vessels in the aggregate
during the PCTC Program qualifying years. If approved by the Secretary
of Commerce, Amendment 122 and its implementing regulations would
affect the calculation and establishment of the groundfish sideboard
limits discussed in the subsequent section of this rule titled American
Fisheries Act (AFA) Catcher/Processor and Catcher Vessel Groundfish
Harvest and PSC Limits.

Proposed Acceptable Biological Catch (ABC) and TAC Specifications

In October 2022, the Council's Scientific and Statistical Committee
(SSC), its Advisory Panel (AP), and the Council reviewed the most
recent biological and harvest information about the condition of the
GOA groundfish stocks. The Council's GOA Groundfish Plan Team (Plan
Team) compiled and presented this information in the final 2021 SAFE
report for the GOA 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
GOA ecosystem and the economic condition of the groundfish fisheries
off Alaska. From these data and analyses, the Plan Team recommends, and
the SSC sets, an Overfishing Limit (OFL) and Acceptable Biological
Catch (ABC) for each species and species group. The amounts proposed
for the 2023 and 2024 OFLs and ABCs are based on the 2021 SAFE report.
The AP and Council recommended that the proposed 2023 and 2024 TACs be
set equal to proposed ABCs for all species and species groups, with the
exception of the species and species groups further discussed below.
The proposed OFLs, ABCs, and TACs could be changed in the final harvest
specifications depending on the most recent scientific information
contained in the final 2022 SAFE report. The individual stock
assessments that will comprise, in part, the 2022 SAFE report are
available at https://www.fisheries.noaa.gov/alaska/population-assessments/north-pacific-groundfish-stock-assessment-and-fishery-evaluation. The final 2022 SAFE report will be available from the same
source.
In November 2022, the Plan Team will update the 2021 SAFE report to
include new information collected during 2022, such as NMFS stock
surveys, revised stock assessments, and catch data. The Plan Team will
compile this information and present the draft 2022 SAFE report at the
December 2022 Council meeting. At that meeting, the SSC and the Council
will review the 2022 SAFE report, and the Council will approve the 2022
SAFE report. The Council will consider information in the 2022 SAFE
report, recommendations from the November 2022 Plan Team meeting and
December 2022 SSC and AP meetings, public testimony, and relevant
written public comments in making its recommendations for the final
2023 and 2024 harvest specifications. Pursuant to Sec. 679.20(a)(2)
and (3), the Council could recommend adjusting the final TACs, if
warranted, based on the biological condition of groundfish stocks or a
variety of socioeconomic considerations, or if required to cause the
sum of TACs to fall within the OY range.

[[Page 74104]]

Potential Changes Between Proposed and Final Specifications

In previous years, the most significant changes (relative to the
amount of assessed tonnage of fish) to the OFLs and ABCs from the
proposed to the final harvest specifications have been based on the
most recent NMFS stock surveys. These surveys provide updated estimates
of stock biomass and spatial distribution, and inform changes to the
models used for producing stock assessments. At the September 2022 Plan
Team meeting, NMFS scientists presented updated and new survey results.
Scientists also discussed potential changes to assessment models, and
accompanying preliminary stock estimates. At the October 2022 Council
meeting, the SSC reviewed this information. Species and species groups
with proposed changes to assessment models include sharks, pollock,
other rockfish, demersal shelf rockfish, northern rockfish, dusky
rockfish, and thornyhead rockfish. Model changes can result in changes
to final OFLs, ABCs, and TACs.
In November 2022, the Plan Team will consider updated survey
results and updated stock assessments for groundfish, which will be
included in the draft 2022 SAFE report. If the 2022 SAFE report
indicates that the stock biomass trend is increasing for a species,
then the final 2023 and 2024 harvest specifications for that species
may reflect an increase from the proposed harvest specifications.
Conversely, if the 2022 SAFE report indicates that the stock biomass
trend is decreasing for a species, then the final 2023 and 2024 harvest
specifications may reflect a decrease from the proposed harvest
specifications.
The proposed 2023 and 2024 OFLs and ABCs are based on the best
available biological and scientific information, including projected
biomass trends, information on assumed distribution of stock biomass,
and revised technical methods used to calculate stock biomass. The FMP
specifies the tiers to be used to calculate OFLs and ABCs. The tiers
applicable to a particular stock or stock complex are determined by the
level of reliable information available to the fisheries scientists.
This information is categorized into a successive series of six tiers
to define OFLs and ABCs, with Tier 1 representing the highest level of
information quality available and Tier 6 representing the lowest level
of information quality available. The Plan Team used the FMP tier
structure to calculate OFLs and ABCs for each groundfish species. The
SSC adopted the proposed 2023 and 2024 OFLs and ABCs recommended by the
Plan Team for all groundfish species. The proposed 2023 and 2024 TACs
are based on the best available biological and socioeconomic
information. The Council adopted the SSC's OFL and ABC recommendations
and the AP's TAC recommendations for all groundfish species.

Specification and Apportionment of TAC Amounts

The Council recommended proposed 2023 and 2024 TACs that are equal
to proposed ABCs for all species and species groups, with the exception
of pollock for the combined Western and Central GOA and West Yakutat
District area, Pacific cod, shallow-water flatfish in the Western GOA,
arrowtooth flounder in the Western GOA and the Southeast Outside (SEO)
District, flathead sole in the Western and Central GOA, Atka mackerel,
and ``other rockfish'' in the SEO District.
The combined Western and Central Regulatory Areas and the West
Yakutat (WYK) District of the Eastern Regulatory Area (the W/C/WYK)
pollock TAC and the GOA Pacific cod TACs are set to account for the
State of Alaska's (State) guideline harvest levels (GHL) for the State
waters pollock and Pacific cod fisheries so that the ABCs are not
exceeded. The shallow-water flatfish, arrowtooth flounder, and flathead
sole TACs are set to allow for increased harvest opportunities for
these target species while conserving the halibut PSC limit for use in
other fisheries. The Atka mackerel TAC is set to accommodate incidental
catch amounts (ICA) in other fisheries. The ``other rockfish'' TAC in
the SEO District of the Eastern Regulatory Area is set to reduce the
amount of discards of the species in that complex. These reductions are
described below.
NMFS's proposed apportionments of groundfish species are based on
the distribution of biomass among the regulatory areas over which NMFS
manages the species. Additional regulations govern the apportionment of
pollock, Pacific cod, and sablefish. Additional detail on
apportionments of pollock, Pacific cod, and sablefish are described
below.
The ABC for the pollock stock in the W/C/WYK Regulatory Area
accounts for the GHL established by the State for the Prince William
Sound (PWS) pollock fishery. The Plan Team, SSC, AP, and Council have
recommended that the sum of all State waters and Federal waters pollock
removals from the GOA not exceed ABC recommendations. For 2023 and
2024, the Council recommended the W/C/WYK pollock ABC include the
amount to account for the State's PWS GHL. At the November 2018 Plan
Team meeting, State fisheries managers recommended setting the future
PWS GHL at 2.5 percent of the annual W/C/WYK pollock ABC. For 2023,
this yields a PWS pollock GHL of 3,298 mt, a decrease of 29 mt from the
2022 PWS GHL of 3,327 mt. After accounting for the PWS GHL, the 2023
and 2024 pollock ABC for the combined W/C/WYK areas is then apportioned
among four statistical areas (Areas 610, 620, 630, and 640) as both
ABCs and TACs, as described below and detailed in Table 1. The total
ABCs and TACs for the four statistical areas, plus the State GHL, do
not exceed the combined W/C/WYK ABC. The proposed W/C/WYK 2023 and 2024
pollock ABC is 131,912 mt, and the proposed TAC is 128,614 mt.
Apportionments of pollock to the W/C/WYK management areas are
considered to be apportionments of annual catch limit (ACL) rather than
apportionments of ABCs. This more accurately reflects that such
apportionments address management concerns, rather than biological or
conservation concerns. In addition, apportionments of the ACL in this
manner allow NMFS to balance any transfer of TAC among Areas 610, 620,
and 630 pursuant to Sec. 679.20(a)(5)(iv)(B) to ensure that the
combined W/C/WYK ACL, ABC, and TAC are not exceeded.
NMFS proposes pollock TACs in the Western (Area 610) and Central
(Areas 620 and 630) Regulatory Areas and the West Yakutat (Area 640)
and the SEO (Area 650) Districts of the GOA (see Table 1). NMFS also
proposes seasonal apportionment of the annual pollock TAC in the
Western and Central Regulatory Areas of the GOA among Statistical Areas
610, 620, and 630. These apportionments are divided equally among the
following two seasons: the A season (January 20 through May 31) and the
B season (September 1 through November 1) (Sec. Sec. 679.23(d)(2) and
679.20(a)(5)(iv)). Additional detail is provided below; Table 2 lists
these amounts.
The proposed 2023 and 2024 Pacific cod TACs are set to accommodate
the State's GHLs for Pacific cod in State waters in the Western and
Central Regulatory Areas, as well as in PWS (in the Eastern Regulatory
Area) (see Table 1). The Plan Team, SSC, AP, and Council recommended
that the sum of all State waters and Federal waters Pacific cod
removals from the GOA not exceed ABC recommendations. Accordingly, the
Council recommended the 2023 and 2024 Pacific cod TACs in

[[Page 74105]]

the Western, Central, and Eastern Regulatory Areas to account for State
GHLs. Therefore, the proposed 2023 and 2024 Pacific cod TACs are less
than the proposed ABCs by the following amounts: (1) Western GOA, 2,610
mt; (2) Central GOA, 4,321 mt; and (3) Eastern GOA, 682 mt. These
amounts reflect the State's 2023 and 2024 GHLs in these areas, which
are 30 percent of the Western GOA proposed ABC, and 25 percent of the
Eastern and Central GOA proposed ABCs.
The Western and Central GOA Pacific cod TACs are allocated among
various gear and operational sectors. NMFS also establishes seasonal
apportionments of the annual Pacific cod TACs in the Western and
Central Regulatory Areas. The Pacific cod sector and seasonal
apportionments are discussed in detail in a subsequent section and in
Table 4 of this rule.
The Council's recommendation for sablefish area apportionments
takes into account the prohibition on the use of trawl gear in the SEO
District of the Eastern Regulatory Area (Sec. 679.7(b)(1)) and makes
available 5 percent of the Eastern Regulatory Area (WYK and SEO
Districts combined) TAC to vessels using trawl gear for use as
incidental catch in other trawl groundfish fisheries in the WYK
District (Sec. 679.20(a)(4)(i)). Additional detail is provided below.
Tables 5 and 6 list the proposed 2023 and 2024 allocations of the
sablefish TAC to fixed gear and trawl gear in the GOA.
For 2023 and 2024, the Council recommends, and NMFS proposes, the
OFLs, ABCs, and TACs listed in Table 1. These amounts are consistent
with the biological condition of groundfish stocks as described in the
2021 SAFE report. The proposed ABCs reflect harvest amounts that are
less than the specified overfishing levels. The proposed TACs are
adjusted for other biological and socioeconomic considerations. The sum
of the proposed TACs for all GOA groundfish is 443,615 mt for 2023 and
2024, which is within the OY range specified by the FMP. These proposed
amounts and apportionments by area, season, and sector are subject to
change pending consideration of the 2022 SAFE report, public comment,
and the Council's recommendations for the final 2023 and 2024 harvest
specifications during its December 2022 meeting.

Table 1--Proposed 2023 and 2024 OFLs, ABCs, and TACs of Groundfish for the Western/Central/West Yakutat,
Western, Central, and Eastern Regulatory Areas, the West Yakutat and Southeast Outside Districts of the Eastern
Regulatory Area, and Gulfwide District of the Gulf of Alaska
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Species Area \1\ OFL ABC TAC \2\
----------------------------------------------------------------------------------------------------------------
Pollock \2\........................... Shumagin (610).......... n/a 23,506 23,506
Chirikof (620).......... n/a 68,642 68,642
Kodiak (630)............ n/a 29,803 29,803
WYK (640)............... n/a 6,663 6,663
W/C/WYK (subtotal)...... 153,097 131,912 128,614
SEO (650)............... 15,150 11,363 11,363
-----------------------------------------------
Total 168,247 143,275 139,977
----------------------------------------------------------------------------------------------------------------
Pacific cod \3\....................... W....................... n/a 8,699 6,089
C....................... n/a 17,282 12,962
E....................... n/a 2,727 2,045
-----------------------------------------------
Total 34,673 28,708 21,096
----------------------------------------------------------------------------------------------------------------
Sablefish \4\......................... W....................... n/a 3,951 3,951
C....................... n/a 9,495 9,495
WYK..................... n/a 3,159 3,159
SEO..................... n/a 5,398 5,398
-----------------------------------------------
Subtotal TAC n/a n/a 22,003
-----------------------------------------------
Total 42,520 36,318 n/a
----------------------------------------------------------------------------------------------------------------
Shallow-water flatfish \5\............ W....................... n/a 22,464 13,250
C....................... n/a 26,743 26,743
WYK..................... n/a 2,674 2,674
SEO..................... n/a 1,605 1,605
-----------------------------------------------
Total 65,676 53,486 44,272
----------------------------------------------------------------------------------------------------------------
Deep-water flatfish \6\............... W....................... n/a 256 256
C....................... n/a 2,105 2,105
WYK..................... n/a 1,408 1,408
SEO..................... n/a 2,049 2,049
-----------------------------------------------
Total 6,920 5,818 5,818
----------------------------------------------------------------------------------------------------------------
Rex sole.............................. W....................... n/a 3,222 3,222
C....................... n/a 13,054 13,054
WYK..................... n/a 1,439 1,439
SEO..................... n/a 2,879 2,879
-----------------------------------------------
Total 25,049 20,594 20,594
----------------------------------------------------------------------------------------------------------------

[[Page 74106]]

Arrowtooth flounder................... W....................... n/a 33,214 14,500
C....................... n/a 67,493 67,493
WYK..................... n/a 6,619 6,619
SEO..................... n/a 10,875 6,900
-----------------------------------------------
Total 141,231 118,201 95,512
----------------------------------------------------------------------------------------------------------------
Flathead sole......................... W....................... n/a 14,708 8,650
C....................... n/a 21,962 15,400
WYK..................... n/a 1,506 1,506
SEO..................... n/a 1,870 1,870
-----------------------------------------------
Total 48,757 40,046 27,426
----------------------------------------------------------------------------------------------------------------
Pacific ocean perch \7\............... W....................... n/a 2,523 2,523
C....................... n/a 29,869 29,869
WYK..................... n/a 1,366 1,366
W/C/WYK................. 40,211 33,758 33,758
SEO..................... 3,985 3,346 3,346
-----------------------------------------------
Total 44,196 37,104 37,104
----------------------------------------------------------------------------------------------------------------
Northern rockfish \8\................. W....................... n/a 1,859 1,859
C....................... n/a 3,061 3,061
E....................... n/a .............. ..............
-----------------------------------------------
Total 5,874 4,920 4,920
----------------------------------------------------------------------------------------------------------------
Shortraker rockfish \9\............... W....................... n/a 51 51
C....................... n/a 280 280
E....................... n/a 374 374
-----------------------------------------------
Total 940 705 705
----------------------------------------------------------------------------------------------------------------
Dusky rockfish \10\................... W....................... n/a 259 259
C....................... n/a 4,373 4,373
WYK..................... n/a 412 412
SEO..................... n/a 137 137
-----------------------------------------------
Total 8,146 5,181 5,181
----------------------------------------------------------------------------------------------------------------
Rougheye and blackspotted rockfish W....................... n/a 182 182
\11\.
C....................... n/a 234 234
E....................... n/a 365 365
-----------------------------------------------
Total 937 781 781
----------------------------------------------------------------------------------------------------------------
Demersal shelf rockfish \12\.......... SEO..................... 579 365 365
----------------------------------------------------------------------------------------------------------------
Thornyhead rockfish \13\.............. W....................... n/a 352 352
C....................... n/a 910 910
E....................... n/a 691 691
-----------------------------------------------
Total 2,604 1,953 1,953
----------------------------------------------------------------------------------------------------------------
Other rockfish \14\ \15\.............. W/C combined............ n/a 940 940
WYK..................... n/a 370 370
SEO..................... n/a 2,744 300
-----------------------------------------------
Total 5,320 4,054 1,610
----------------------------------------------------------------------------------------------------------------
Atka mackerel......................... GW...................... 6,200 4,700 3,000
----------------------------------------------------------------------------------------------------------------
Big skates \16\....................... W....................... n/a 591 591
C....................... n/a 1,482 1,482
E....................... n/a 794 794
-----------------------------------------------
Total 3,822 2,867 2,867
----------------------------------------------------------------------------------------------------------------
Longnose skates \17\.................. W....................... n/a 151 151

[[Page 74107]]

C....................... n/a 2,044 2,044
E....................... n/a 517 517
-----------------------------------------------
Total 3,616 2,712 2,712
----------------------------------------------------------------------------------------------------------------
Other skates \18\..................... GW...................... 1,311 984 984
----------------------------------------------------------------------------------------------------------------
Sharks................................ GW...................... 5,006 3,755 3,755
----------------------------------------------------------------------------------------------------------------
Octopuses............................. GW...................... 1,307 980 980
----------------------------------------------------------------------------------------------------------------
Total............................. ........................ 622,931 517,507 443,615
----------------------------------------------------------------------------------------------------------------
\1\ Regulatory areas and districts are defined at Sec. 679.2. (W = Western Gulf of Alaska; C = Central Gulf of
Alaska; E = Eastern Gulf of Alaska; WYK = West Yakutat District; SEO = Southeast Outside District; GW =
Gulfwide).
\2\ The total for the W/C/WYK Regulatory Areas pollock ABC is 131,912 mt. After deducting 2.5 percent (3,298 mt)
of that ABC for the State's pollock GHL fishery, the remaining pollock ABC of 128,614 mt (for the W/C/WYK
Regulatory Areas) is apportioned among four statistical areas (Areas 610, 620, 630, and 640). These
apportionments are considered subarea ACLs, rather than ABCs, for specification and reapportionment purposes.
The ACLs in Areas 610, 620, and 630 are further divided by season, as detailed in Table 2 (proposed 2023 and
2024 seasonal biomass distribution of pollock in the Western and Central Regulatory Areas, area
apportionments, and seasonal allowances). In the West Yakutat (Area 640) and Southeast Outside (Area 650)
Districts of the Eastern Regulatory Area, pollock is not divided into seasonal allowances.
\3\ The annual Pacific cod TAC is apportioned, after seasonal apportionment to the jig sector, as follows: (1)
63.84 percent to the A season and 36.16 percent to the B season and (2) 64.16 percent to the A season and
35.84 percent to the B season in the Western and Central Regulatory Areas of the GOA, respectively. The
Pacific cod TAC in the Eastern Regulatory Area of the GOA is allocated 90 percent to vessels harvesting
Pacific cod for processing by the inshore component and 10 percent to vessels harvesting Pacific cod for
processing by the offshore component. Table 4 lists the proposed 2023 and 2024 Pacific cod seasonal
apportionments and sector allocations.
\4\ The sablefish OFL and ABC are set Alaska-wide (42,520 mt and 36,318 mt, respectively) and the GOA sablefish
ABC is 22,003 mt. Additionally, sablefish is allocated only to trawl gear in 2024. Tables 5 and 6 list the
proposed 2023 and 2024 allocations of sablefish TACs.
\5\ ``Shallow-water flatfish'' means flatfish not including ``deep-water flatfish,'' flathead sole, rex sole, or
arrowtooth flounder.
\6\ ``Deep-water flatfish'' means Dover sole, Greenland turbot, Kamchatka flounder, and deepsea sole.
\7\ ``Pacific ocean perch'' means Sebastes alutus.
\8\ ``Northern rockfish'' means Sebastes polyspinous. For management purposes the 1 mt apportionment of ABC to
the WYK District of the Eastern Regulatory Area has been included in the ``other rockfish'' species group.
\9\ ``Shortraker rockfish'' means Sebastes borealis.
\10\ ``Dusky rockfish'' means Sebastes variabilis.
\11\ ``Rougheye and blackspotted rockfish'' means Sebastes aleutianus (rougheye) and Sebastes melanostictus
(blackspotted).
\12\ ``Demersal shelf rockfish'' means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper),
S. maliger (quillback), S. helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye).
\13\ ``Thornyhead rockfish'' means Sebastolobus species.
\14\ ``Other rockfish means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio), S.
goodei (chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), S. variegatus (harlequin), S.
wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S. zacentrus (sharpchin), S. jordani
(shortbelly), S. brevispinis (silvergray), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus
(vermilion), S. reedi (yellowmouth), S. entomelas (widow), and S. flavidus (yellowtail). In the Eastern GOA
only, ``other rockfish'' also includes northern rockfish (S. polyspinous).
\15\ ``Other rockfish'' in the Western and Central Regulatory Areas and in the West Yakutat District of the
Eastern Regulatory Area means all rockfish species included in the ``other rockfish'' and demersal shelf
rockfish categories. The ``other rockfish'' species group in the SEO District only includes other rockfish.
\16\ ``Big skates'' means Raja binoculata.
\17\ ``Longnose skates'' means Raja rhina.
\18\ ``Other skates'' means Bathyraja and Raja spp.

Proposed Apportionment of Reserves

Section 679.20(b)(2) requires NMFS to set aside 20 percent of each
TAC for pollock, Pacific cod, flatfish, sharks, and octopuses in
reserve for possible apportionment at a later date during the fishing
year. Section 679.20(b)(3) authorizes NMFS to reapportion all or part
of these reserves. In 2022, NMFS reapportioned all of the reserves in
the final harvest specifications. For 2023 and 2024, NMFS proposes
reapportionment of each of the reserves for pollock, Pacific cod,
flatfish, sharks, and octopuses back into the original TAC from which
the reserve was derived. NMFS expects, based on recent harvest
patterns, that such reserves will not be necessary and that the entire
TAC for each of these species will be caught or are needed to promote
efficient fisheries. The TACs in Table 1 reflect this proposed
reapportionment of reserve amounts to the original TAC for these
species and species groups, i.e., each proposed TAC for the above-
mentioned species or species groups contains the full TAC recommended
by the Council.

Proposed Apportionments of Pollock TAC Among Seasons and Regulatory
Areas, and Allocations for Processing by Inshore and Offshore
Components

In the GOA, pollock is apportioned by season and area, and is
further allocated for processing by inshore and offshore components.
Pursuant to Sec. 679.20(a)(5)(iv)(B), the annual pollock TAC specified
for the Western and Central Regulatory Areas of the GOA is apportioned
into two seasonal allowances of 50 percent. As established by Sec.
679.23(d)(2), the A and B season allowances are available from January
20 through May 31 and September 1 through November 1, respectively.
The GOA pollock stock assessment continues to use a four-season
methodology to determine pollock distribution in the Western and
Central Regulatory Areas of the GOA to maintain continuity in the
historical pollock apportionment time-series.

[[Page 74108]]

Pollock TACs in the Western and Central Regulatory Areas of the GOA are
apportioned among Statistical Areas 610, 620, and 630 in proportion to
the distribution of pollock biomass determined by the most recent NMFS
surveys, pursuant to Sec. 679.20(a)(5)(iv)(A). The pollock chapter of
the 2021 SAFE report (see ADDRESSES) contains a comprehensive
description of the apportionment and reasons for the minor changes from
past apportionments. For purposes of specifying pollock between two
seasons for the Western and Central Regulatory Areas of the GOA, NMFS
has summed the A and B season apportionments and the C and D season
apportionments as calculated in the 2021 GOA pollock assessment. This
yields the seasonal amounts specified for the A season and the B
season, respectively.
Within any fishing year, the amount by which a seasonal allowance
is underharvested or overharvested may be added to, or subtracted from,
subsequent seasonal allowances in a manner to be determined by the
Regional Administrator (Sec. 679.20(a)(5)(iv)(B)). The rollover amount
is limited to 20 percent of the subsequent seasonal TAC apportionment
for the statistical area. Any unharvested pollock above the 20-percent
limit could be further distributed to the subsequent season in the
other statistical areas, in proportion to the estimated biomass to the
subsequent season and in an amount no more than 20 percent of the
seasonal TAC apportionment in those statistical areas (Sec.
679.20(a)(5)(iv)(B)). The proposed 2023 and 2024 pollock TACs in the
WYK District of 6,663 mt and the SEO District of 11,363 mt are not
allocated by season.
Table 2 lists the proposed 2023 and 2024 area apportionments and
seasonal allowances of pollock in the Western and Central Regulatory
Areas. The amounts of pollock for processing by the inshore and
offshore components are not shown. Section 679.20(a)(6)(i) requires
allocation of 100 percent of the pollock TAC in all regulatory areas
and all seasonal allowances to vessels catching pollock for processing
by the inshore component after subtraction of amounts projected by the
Regional Administrator to be caught by, or delivered to, the offshore
component incidental to directed fishing for other groundfish species.
Thus, the amount of pollock available for harvest by vessels harvesting
pollock for processing by the offshore component is the amount that
will be taken as incidental catch during directed fishing for
groundfish species other than pollock, up to the maximum retainable
amounts allowed by Sec. 679.20(e) and (f). At this time, these ICAs of
pollock are unknown and will be determined during the fishing year
during the course of fishing activities by the offshore component.

Table 2--Proposed 2023 and 2024 Distribution of Pollock in the Central and Western Regulatory Areas of the Gulf
of Alaska; Area Apportionments; and Seasonal Allowances of Annual TAC \1\
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Shumigan (area Chirikof Kodiak (area
Season \2\ 610) (area 620) 630) Total \3\
----------------------------------------------------------------------------------------------------------------
A (January 20-May 31)........................... 1,122 51,845 8,009 60,976
B (September 1-November 1)...................... 22,384 16,797 21,795 60,976
---------------------------------------------------------------
Annual Total................................ 23,506 68,642 29,803 121,952
----------------------------------------------------------------------------------------------------------------
\1\ Area apportionments and seasonal allowances may not total precisely due to rounding.
\2\ As established by Sec. 679.23(d)(2), the A and B season allowances are available from January 20 through
May 31 and September 1 through November 1, respectively. The amounts of pollock for processing by the inshore
and offshore components are not shown in this table.
\3\ The West Yakutat and Southeast Outside District pollock TACs are not allocated by season and are not
included in the total pollock TACs shown in this table.

Proposed Annual and Seasonal Apportionments of Pacific Cod TAC

Pursuant to Sec. 679.20(a)(12)(i), NMFS proposes allocations for
the 2023 and 2024 Pacific cod TACs in the Western and Central
Regulatory Areas of the GOA among gear and operational sectors. NMFS
also proposes seasonal apportionments of the Pacific cod TACs in the
Western and Central Regulatory Areas. A portion of the annual TAC is
apportioned to the A season for hook-and-line, pot, and jig gear from
January 1 through June 10, and for trawl gear from January 20 through
June 10. The remainder of the annual TAC is apportioned to the B season
for jig gear from June 10 through December 31, for hook-and-line and
pot gear from September 1 through December 31, and for trawl gear from
September 1 through November 1 (Sec. Sec. 679.23(d)(3) and
679.20(a)(12)). NMFS also proposes allocating the 2023 and 2024 Pacific
cod TACs annually between the inshore (90 percent) and offshore (10
percent) components in the Eastern Regulatory Area of the GOA (Sec.
679.20(a)(6)(ii)).
In the Western GOA, the Pacific cod TAC is apportioned seasonally
first to vessels using jig gear, and then among catcher vessels (CV)
using hook-and-line gear, catcher/processors (CP) using hook-and-line
gear, CVs using trawl gear, CPs using trawl gear, and vessels using pot
gear (Sec. 679.20(a)(12)(i)(A)). In the Central GOA, the Pacific cod
TAC is apportioned seasonally first to vessels using jig gear, and then
among CVs less than 50 feet (15.2 meters (m)) in length overall using
hook-and-line gear, CVs equal to or greater than 50 feet (15.2 m) in
length overall using hook-and-line gear, CPs using hook-and-line gear,
CVs using trawl gear, CPs using trawl gear, and vessels using pot gear
(Sec. 679.20(a)(12)(i)(B)). For 2023 and 2024, NMFS proposes
apportioning the jig sector allocations for the Western and Central GOA
between the A season (60 percent) and the B season (40 percent) (Sec.
679.20(a)(12)(i)). Excluding seasonal apportionments to the jig gear
sector, NMFS proposes apportioning the remainder of the annual Pacific
cod TACs as follows: the seasonal apportionments of the annual TAC in
the Western GOA are 63.84 percent to the A season and 36.16 percent to
the B season, and in the Central GOA are 64.16 percent to the A season
and 35.84 percent to the B season.
Under Sec. 679.20(a)(12)(ii), any overage or underage of the
Pacific cod allowance from the A season may be subtracted from, or
added to, the subsequent B season allowance. In addition, any portion
of the hook-and-line, trawl, pot, or jig sector allocations that is
determined by NMFS as likely to go unharvested by a sector may be
reallocated to other sectors for harvest during the remainder of the
fishing year.
Pursuant to Sec. 679.20(a)(12)(i)(A) and (B), a portion of the
annual Pacific cod TACs in the Western and Central GOA

[[Page 74109]]

will be allocated to vessels with a Federal fisheries permit that use
jig gear before the TACs are apportioned among other non-jig sectors.
In accordance with the FMP, the annual jig sector allocations may
increase to up to 6 percent of the annual Western and Central GOA
Pacific cod TACs, depending on the annual performance of the jig sector
(see Table 1 of Amendment 83 to the FMP for a detailed discussion of
the jig sector allocation process (76 FR 74670, December 1, 2011)). Jig
sector allocation increases are established for a minimum of 2 years.
NMFS has evaluated the historical harvest performance of the jig
sector in the Western and Central GOA, and is proposing the 2023 and
2024 Pacific cod apportionments to this sector based on its historical
harvest performance through 2021. For 2023 and 2024, NMFS proposes that
the jig sector receive 3.5 percent of the annual Pacific cod TAC in the
Western GOA. The 2023 and 2024 allocations consist of a base allocation
of 1.5 percent of the Western GOA Pacific cod TAC, and prior historical
harvest performance increases of 2.0 percent. For 2023 and 2024, NMFS
also proposes that the jig sector receive 1.0 percent of the annual
Pacific cod TAC in the Central GOA. The 2023 and 2024 allocations
consist of a base allocation of 1.0 percent, and no additional
performance increase in the Central GOA. The 2014 through 2022 Pacific
cod jig allocations, catch, and percent allocation changes are listed
in Table 3.

Table 3--Summary of Western GOA and Central GOA Pacific Cod Catch by Jig Gear in 2014 Through 2022, and Corresponding Percent Allocation Changes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Percent of
Area Year Initial Initial TAC Catch (mt) initial >90% of initial Change to percent
percent of TAC allocation allocation allocation? allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Western GOA.................. 2014 2.5 573 785 137 Y.................. Increase 1%.
2015 3.5 948 55 6 N.................. None.
2016 3.5 992 52 5 N.................. Decrease 1%.
2017 2.5 635 49 8 N.................. Decrease 1%.
2018 1.5 125 121 97 Y.................. Increase 1%.
2019 2.5 134 134 100 Y.................. Increase 1%.
2020 n/a
2021 3.5 195 26 13 N.................. None.
2022 3.5 195 26 13 N.................. None.
Central GOA.................. 2014 2.0 797 262 33 N.................. Decrease 1%.
2015 1.0 460 355 77 N.................. None.
2016 1.0 370 267 72 N.................. None.
2017 1.0 331 18 6 N.................. None.
2018 1.0 61 0 0 N.................. None.
2019 1.0 58 30 52 N.................. None.
2020 n/a
2021 1.0 102 26 26 N.................. None.
2022 1.0 102 26 26 N.................. None.
--------------------------------------------------------------------------------------------------------------------------------------------------------

NMFS will re-evaluate the annual 2022 harvest performance of the
jig sector in the Western and Central GOA when the 2022 fishing year is
complete to determine whether to change the jig sector allocations
proposed by this action in conjunction with the final 2023 and 2024
harvest specifications. The current catch through October 2022 by the
Western GOA jig sector indicates that the Pacific cod allocation
percentage to this sector would probably decrease in 2022 to 2.5
percent. Also, the current catch by the Central GOA jig sector
indicates that this sector's Pacific cod allocation percentage would
not change in 2022, and would remain at 1 percent. Table 4 lists the
seasonal apportionments and allocations of the proposed 2023 and 2024
Pacific cod TACs.

Table 4--Proposed 2023 and 2024 Seasonal Apportionments and Allocations of Pacific Cod TAC Amounts in the GOA;
Allocations to the Western GOA and Central GOA Sectors, and the Eastern GOA Inshore and Offshore Processing
Components
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
A season B season
---------------------------------------------------------------
Annual Sector Sector
Regulatory area and sector allocation percentage of Seasonal percentage of Seasonal
(mt) annual non-jig allowances annual non-jig allowances
TAC (mt) TAC (mt)
----------------------------------------------------------------------------------------------------------------
Western GOA:
Jig (3.5% of TAC)........... 213 N/A 128 N/A 85
Hook-and-line CV............ 82 0.70 41 0.70 41
Hook-and-line CP............ 1,163 10.90 640 8.90 523
Trawl CV.................... 2,256 31.54 1,853 6.86 403
Trawl CP.................... 141 0.90 53 1.50 88
Pot CV and Pot CP........... 2,233 19.80 1,163 18.20 1,069
-------------------------------------------------------------------------------
Total................... 6,089 63.84 3,879 36.16 2,210
----------------------------------------------------------------------------------------------------------------
Central GOA:

[[Page 74110]]

Jig (1.0% of TAC)........... 130 N/A 78 N/A 52
Hook-and-line <50 CV........ 1,874 9.32 1,195 5.29 678
Hook-and-line >=50 CV....... 861 5.61 720 1.10 141
Hook-and-line CP............ 655 4.11 527 1.00 128
Trawl CV \1\................ 5,336 25.29 3,246 16.29 2,090
Trawl CP.................... 539 2.00 257 2.19 282
Pot CV and Pot CP........... 3,568 17.83 2,288 9.97 1,280
-------------------------------------------------------------------------------
Total................... 12,962 64.16 8,311 35.84 4,651
----------------------------------------------------------------------------------------------------------------
Eastern GOA..................... .............. Inshore (90% of Annual TAC)
Offshore (10% of Annual TAC)
---------------------------------------------------------------
2,045 1,841
205
----------------------------------------------------------------------------------------------------------------
\1\ Trawl catcher vessels participating in Rockfish Program cooperatives receive 3.81 percent, or 494 mt, of the
annual Central GOA Pacific cod TAC (see Table 28c to 50 CFR part 679). This apportionment is deducted from the
Trawl CV B season allowance (see Table 9: Proposed 2023 and 2024 Apportionments of Rockfish Secondary Species
in the Central GOA and Table 28c to 50 CFR part 679).

Proposed Allocations of the Sablefish TAC Amounts to Vessels Using
Fixed Gear and Trawl Gear

Section 679.20(a)(4)(i) and (ii) requires allocations of sablefish
TACs for each of the regulatory areas and districts to fixed and trawl
gear. In the Western and Central Regulatory Areas, 80 percent of each
TAC is allocated to fixed gear, and 20 percent of each TAC is allocated
to trawl gear. In the Eastern Regulatory Area, 95 percent of the TAC is
allocated to fixed gear, and 5 percent is allocated to trawl gear. The
trawl gear allocation in the Eastern Regulatory Area may be used only
to support incidental catch of sablefish while directed fishing for
other target species using trawl gear (Sec. 679.20(a)(4)(i)).
In recognition of the prohibition against trawl gear in the SEO
District of the Eastern Regulatory Area, the Council recommended, and
NMFS proposes, specifying for incidental catch the allocation of 5
percent of the Eastern Regulatory Area sablefish (WYK and SEO Districts
combined) TAC to trawl gear in the WYK District of the Eastern
Regulatory Area. The remainder of the WYK District sablefish TAC is
allocated to vessels using fixed gear. This proposed action allocates
100 percent of the sablefish TAC in the SEO District to vessels using
fixed gear. This results in proposed 2023 allocations of 428 mt to
trawl gear and 2,731 mt to fixed gear in the WYK District, a proposed
2023 allocation of 5,398 mt to fixed gear in the SEO District, and a
proposed 2024 allocation of 428 mt to trawl gear in the WYK District.
Table 5 lists the allocations of the proposed 2023 sablefish TACs to
fixed and trawl gear. Table 6 lists the allocations of the proposed
2024 sablefish TACs to trawl gear.
The Council recommended that the trawl sablefish TAC be established
for 2 years so that retention of incidental catch of sablefish by trawl
gear could commence in January in the second year of the groundfish
harvest specifications. Tables 5 and 6 list the proposed 2023 and 2024
trawl allocations, respectively.
The Council also recommended that the fixed gear sablefish TAC be
established annually to ensure that the sablefish individual fishing
quota (IFQ) fishery is conducted concurrently with the halibut IFQ
fishery and is based on the most recent survey information. Since there
is an annual assessment for sablefish and since the final harvest
specifications are expected to be published before the IFQ season
begins (typically, in early March), the Council recommended that the
fixed gear sablefish TAC be set annually, rather than for 2 years, so
that the best available scientific information could be considered in
establishing the sablefish ABCs and TACs. Accordingly, Table 5 lists
the proposed 2023 fixed gear allocations, and the 2024 fixed gear
allocations will be specified in the 2024 and 2025 harvest
specifications.
With the exception of the trawl allocations that are provided to
the Rockfish Program (see Table 28c to 50 CFR part 679), directed
fishing for sablefish with trawl gear is closed during the fishing
year. Also, fishing for groundfish with trawl gear is prohibited prior
to January 20 (Sec. 679.23(c)). Therefore, it is not likely that the
sablefish allocation to trawl gear would be reached before the
effective date of the final 2023 and 2024 harvest specifications.

Table 5--Proposed 2023 Sablefish TAC Amounts in the Gulf of Alaska and Allocations to Fixed and Trawl Gear
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Fixed gear Trawl
Area/district TAC allocation allocation
----------------------------------------------------------------------------------------------------------------
Western......................................................... 3,951 3,161 790
Central \1\..................................................... 9,495 7,596 1,899
West Yakutat \2\................................................ 3,159 2,731 428

[[Page 74111]]

Southeast Outside............................................... 5,398 5,398 0
-----------------------------------------------
Total....................................................... 22,003 18,886 3,117
----------------------------------------------------------------------------------------------------------------
\1\ The proposed trawl allocation of sablefish to the Central Regulatory Area is further apportioned to the
Rockfish Program cooperatives (977 mt). See Table 9: Proposed 2023 and 2024 Apportionments of Rockfish
Secondary Species in the Central GOA. This results in 922 mt being available for the non-Rockfish Program
trawl fisheries.
\2\ The proposed trawl allocation is based on allocating 5 percent of the Eastern Regulatory Area (West Yakutat
and Southeast Outside Districts combined) sablefish TAC as incidental catch to trawl gear in the West Yakutat
District.

Table 6--Proposed 2024 Sablefish TAC Amounts in the Gulf of Alaska and Allocation to Trawl Gear \1\
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Fixed gear Trawl
Area/district TAC allocation allocation
----------------------------------------------------------------------------------------------------------------
Western......................................................... 3,951 n/a 790
Central \2\..................................................... 9,495 n/a 1,899
West Yakutat \3\................................................ 3,159 n/a 428
Southeast Outside............................................... 5,398 n/a 0
-----------------------------------------------
Total....................................................... 22,003 n/a 3,117
----------------------------------------------------------------------------------------------------------------
\1\ The Council recommended that the proposed 2024 harvest specifications for the fixed gear sablefish
Individual Fishing Quota fisheries not be specified in the proposed 2023 and 2024 harvest specifications.
\2\ The proposed trawl allocation of sablefish to the Central Regulatory Area is further apportioned to the
Rockfish Program cooperatives (977 mt). See Table 9: Proposed 2023 and 2024 Apportionments of Rockfish
Secondary Species in the Central GOA. This results in 922 mt being available for the non-Rockfish Program
trawl fisheries.
\3\ The proposed trawl allocation is based on allocating 5 percent of the Eastern Regulatory Area (West Yakutat
and Southeast Outside Districts combined) sablefish TAC as incidental catch to trawl gear in the West Yakutat
District.

Proposed Allocations, Apportionments, and Sideboard Limitations for the
Rockfish Program

These proposed 2023 and 2024 harvest specifications for the GOA
include the fishery cooperative allocations and sideboard limitations
established by the Rockfish Program. Program participants are primarily
trawl CVs and trawl CPs, with limited participation by vessels using
longline gear. The Rockfish Program assigns quota share and cooperative
quota to trawl participants for primary species (Pacific ocean perch,
northern rockfish, and dusky rockfish) and secondary species (Pacific
cod, rougheye rockfish, sablefish, shortraker rockfish, and thornyhead
rockfish), allows a participant holding a license limitation program
(LLP) license with rockfish quota share to form a rockfish cooperative
with other persons, and allows holders of CP LLP licenses to opt out of
the fishery. The Rockfish Program also has an entry level fishery for
rockfish primary species for vessels using longline gear. Longline gear
includes hook-and-line, jig, troll, and handline gear.
Under the Rockfish Program, rockfish primary species in the Central
GOA are allocated to participants after deducting for incidental catch
needs in other directed fisheries (Sec. 679.81(a)(2)). Participants in
the Rockfish Program also receive a portion of the Central GOA TAC of
specific secondary species. In addition to groundfish species, the
Rockfish Program allocates a portion of the halibut PSC limit (191 mt)
from the third season deep-water species fishery allowance for the GOA
trawl fisheries to Rockfish Program participants (Sec. 679.81(d) and
Table 28d to 50 CFR part 679). The Rockfish Program also establishes
sideboard limits to restrict the ability of harvesters operating under
the Rockfish Program to increase their participation in other, non-
Rockfish Program fisheries. These restrictions and halibut PSC limits
are discussed in the Rockfish Program Groundfish Sideboard and Halibut
PSC Limitations section of this rule.
Section 679.81(a)(2)(ii) and Table 28e to 50 CFR part 679 require
allocations of 5 mt of Pacific ocean perch, 5 mt of northern rockfish,
and 50 mt of dusky rockfish to the entry level longline fishery in 2023
and 2024. The allocation for the entry level longline fishery may
increase incrementally each year if the catch exceeds 90 percent of the
allocation of a species. The incremental increase in the allocation
would continue each year until it reaches the maximum percentage of the
TAC for that species. In 2022, the catch for all three primary species
did not exceed 90 percent of any allocated rockfish species. Therefore,
NMFS is not proposing any increases to the entry level longline fishery
2023 and 2024 allocations in the Central GOA. The remainder of the TACs
for the rockfish primary species, after subtracting the ICAs, would be
allocated to the CV and CP cooperatives (Sec. 679.81(a)(2)(iii)).
Table 7 lists the allocations of the proposed 2023 and 2024 TACs for
each rockfish primary species to the entry level longline fishery, the
potential incremental increases for future years, and the maximum
percentages of the TACs for the entry level longline fishery.

[[Page 74112]]

Table 7--Proposed 2023 and 2024 Allocations of Rockfish Primary Species to the Entry Level Longline Fishery in
the Central Gulf of Alaska
----------------------------------------------------------------------------------------------------------------
Incremental increase in
Proposed 2023 and 2024 2024 if >90 percent of Up to maximum
Rockfish primary species allocations 2023 allocation is percent of
harvested each TAC of
----------------------------------------------------------------------------------------------------------------
Pacific ocean perch..................... 5 metric tons............. 5 metric tons............. 1
Northern rockfish....................... 5 metric tons............. 5 metric tons............. 2
Dusky rockfish.......................... 50 metric tons............ 20 metric tons............ 5
----------------------------------------------------------------------------------------------------------------

Section 679.81 requires allocations of rockfish primary species
among various sectors of the Rockfish Program. Table 8 lists the
proposed 2023 and 2024 allocations of rockfish primary species in the
Central GOA to the entry level longline fishery, and rockfish CV and CP
cooperatives in the Rockfish Program. NMFS also proposes setting aside
ICAs for other directed fisheries in the Central GOA of 2,500 mt of
Pacific ocean perch, 300 mt of northern rockfish, and 250 mt of dusky
rockfish. These amounts are based on recent average incidental catches
in the Central GOA by other groundfish fisheries.
Allocations among vessels belonging to CV or CP cooperatives are
not included in these proposed harvest specifications. Rockfish Program
applications for CV cooperatives and CP cooperatives are not due to
NMFS until March 1 of each calendar year; therefore, NMFS cannot
calculate 2023 and 2024 allocations in conjunction with these proposed
harvest specifications. NMFS will post the 2023 allocations on the
Alaska Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports#central-goa-rockfish when they become available after March 1.

Table 8--Proposed 2023 and 2024 Allocations of Rockfish Primary Species in the Central Gulf of Alaska to the
Entry Level Longline Fishery and Rockfish Cooperatives in the Rockfish Program
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Allocation to
Incidental the entry Allocation to
Rockfish primary species Central GOA catch TAC minus ICA level the Rockfish
TAC allowance longline \1\ cooperatives \2\
(ICA) fishery
----------------------------------------------------------------------------------------------------------------
Pacific ocean perch........... 29,869 2,500 27,369 5 27,364
Northern rockfish............. 3,061 300 2,761 5 2,756
Dusky rockfish................ 4,373 250 4,123 50 4,073
---------------------------------------------------------------------------------
Total..................... 37,303 3,050 34,253 60 34,193
----------------------------------------------------------------------------------------------------------------
\1\ Longline gear includes hook-and-line, jig, troll, and handline gear (50 CFR 679.2).
\2\ Rockfish cooperatives include vessels in CV and CP cooperatives (50 CFR 679.81).

Section 679.81(c) and Table 28c to 50 CFR part 679 requires
allocations of rockfish secondary species to CV and CP cooperatives in
the Central GOA. CV cooperatives receive allocations of Pacific cod,
sablefish from the trawl gear allocation, and thornyhead rockfish. CP
cooperatives receive allocations of sablefish from the trawl gear
allocation, rougheye and blackspotted rockfish, shortraker rockfish,
and thornyhead rockfish. Table 9 lists the apportionments of the
proposed 2023 and 2024 TACs of rockfish secondary species in the
Central GOA to CV and CP cooperatives.

Table 9--Proposed 2023 and 2024 Apportionments of Rockfish Secondary Species in the Central GOA to Catcher
Vessel and Catcher/Processor Cooperatives
[Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
Catcher vessel cooperatives Catcher/processor
-------------------------------- cooperatives
Rockfish secondary species Central GOA -------------------------------
annual TAC Percentage of Apportionment Percentage of Apportionment
TAC (mt) TAC (mt)
----------------------------------------------------------------------------------------------------------------
Pacific cod..................... 12,962 3.81 494 0.00 0
Sablefish....................... 9,495 6.78 644 3.51 333
Shortraker rockfish............. 280 0.00 0 40.00 112
Rougheye and blackspotted 234 0.00 0 58.87 138
rockfish.......................
Thornyhead rockfish............. 910 7.84 71 26.50 241
----------------------------------------------------------------------------------------------------------------

[[Page 74113]]

Halibut PSC Limits

Section 679.21(d) establishes annual halibut PSC limit
apportionments to trawl and hook-and-line gear, and authorizes the
establishment of apportionments for pot gear. In October 2022, the
Council recommended, and NMFS proposes, halibut PSC limits of 1,705 mt
for trawl gear, 257 mt for hook-and-line gear, and 9 mt for the
demersal shelf rockfish (DSR) fishery in the SEO District for both 2023
and 2024.
The DSR fishery in the SEO District is defined at Sec.
679.21(d)(2)(ii)(A). This fishery is apportioned 9 mt of the halibut
PSC limit in recognition of its small-scale harvests of groundfish
(Sec. 679.21(d)(2)(i)(A)). The separate halibut PSC limit for the DSR
fishery is intended to prevent that fishery from being impacted from
the halibut PSC incurred by other GOA fisheries. NMFS estimates low
halibut bycatch in the DSR fishery because, (1) the duration of the DSR
fisheries and the gear soak times are short; (2) the DSR fishery occurs
in the winter when there is less overlap in the distribution of DSR and
halibut; and (3) the directed commercial DSR fishery has a low DSR TAC.
The Alaska Department of Fish and Game sets the commercial GHL for the
DSR fishery after deducting, (1) estimates of DSR incidental catch in
all fisheries (including halibut and subsistence); and (2) the
allocation to the DSR sport fish fishery. In 2022, the commercial
fishery for DSR was closed due to concerns about declining DSR biomass.
The FMP authorizes the Council to exempt specific gear from the
halibut PSC limits. NMFS, after consultation with the Council, proposes
to exempt pot gear, jig gear, and the sablefish IFQ hook-and-line gear
fishery categories from the non-trawl halibut PSC limit for 2023 and
2024. The Council recommended, and NMFS is proposing, these exemptions
because, (1) pot gear fisheries have low annual halibut bycatch
mortality; (2) IFQ program regulations prohibit discard of halibut if
any halibut IFQ permit holder on board a CV holds unused halibut IFQ
for that vessel category and the IFQ regulatory area in which the
vessel is operating (Sec. 679.7(f)(11)); (3) some sablefish IFQ permit
holders hold halibut IFQ permits and are therefore required to retain
the halibut they catch while fishing sablefish IFQ; and (4) NMFS
estimates negligible halibut mortality for the jig gear fisheries given
the small amount of groundfish harvested by jig gear, the selective
nature of jig gear, and the high survival rates of halibut caught and
released with jig gear.
The best available information on estimated halibut bycatch
consists of data collected by fisheries observers during 2022. The
calculated halibut bycatch mortality through November 3, 2022 is 354 mt
for trawl gear and 34 mt for hook-and-line gear, for a total halibut
mortality of 388 mt. This halibut mortality was calculated using
groundfish and IFQ halibut catch data from the NMFS Alaska Region's
catch accounting system. This accounting system contains historical and
recent catch information compiled from each Alaska groundfish and IFQ
halibut fishery.
Section 679.21(d)(4)(i) and (ii) authorizes NMFS to seasonally
apportion the halibut PSC limits after consultation with the Council.
The FMP and regulations require that the Council and NMFS consider the
following information in seasonally apportioning halibut PSC limits:
(1) seasonal distribution of halibut; (2) seasonal distribution of
target groundfish species relative to halibut distribution; (3)
expected halibut bycatch needs on a seasonal basis relative to changes
in halibut biomass and expected catch of target groundfish species; (4)
expected bycatch rates on a seasonal basis; (5) expected changes in
directed groundfish fishing seasons; (6) expected actual start of
fishing effort; and (7) economic effects of establishing seasonal
halibut allocations on segments of the target groundfish industry.
Based on public comment, information presented in the 2022 SAFE report,
NMFS catch data, State catch data, and International Pacific Halibut
Commission (IPHC) stock assessment and mortality data, the Council may
recommend, or NMFS may make changes, to the seasonal, gear-type, or
fishery category apportionments of halibut PSC limits for the final
2023 and 2024 harvest specifications pursuant to Sec. 679.21(d)(1) and
(4).
The final 2022 and 2023 harvest specifications (87 FR 11599, March
2, 2022) lists the Council's and NMFS's seasonal apportionments based
on these FMP and regulatory considerations with respect to halibut PSC
limits. The Council's and NMFS's seasonal apportionments for these
proposed 2023 and 2024 harvest specifications are unchanged from the
final 2022 and 2023 harvest specifications. Table 10 lists the proposed
2023 and 2024 Pacific halibut PSC limits, allowances, and
apportionments. The halibut PSC limits in Tables 10, 11, and 12 reflect
the halibut PSC limits set forth at Sec. 679.21(d)(2) and (3). Section
679.21(d)(4)(iii) and (iv) specifies that any underages or overages of
a seasonal apportionment of a halibut PSC limit will be added to or
deducted from the next respective seasonal apportionment within the
fishing year.

Table 10--Proposed 2023 and 2024 Pacific Halibut PSC Limits, Allowances, and Apportionments
[Values are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trawl gear Hook-and-line gear \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Other than DSR DSR
Season Percent Amount -------------------------------------------------------------------------------------------
Season Percent Amount Season Amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
January 20-April 1...................... 30.5 519 January 1-June 10......... 86 221 January 1-December 31..... 9
April 1-July 1.......................... 20 341 June 10-September 1....... 2 5
July 1-August 1......................... 27 462 September 1-December 31... 12 31
August 1-October 1...................... 7.5 128
October 1-December 31................... 15 256
---------------------------------------------------------------------------------------------------------------
Total............................... ........ 1,705 .......................... ........ 257 .......................... 9
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Pacific halibut prohibited species catch (PSC) limit for hook-and-line gear is allocated to the demersal shelf rockfish (DSR) fishery in the SEO
District and to hook-and-line fisheries other than the DSR fishery. The Council recommended, and NMFS proposes, that the hook-and-line sablefish IFQ
fishery, and the pot and jig gear groundfish fisheries, be exempt from halibut PSC limits.

[[Page 74114]]

Section 679.21(d)(3)(ii) authorizes further apportionment of the
trawl halibut PSC limit as bycatch allowances to trawl fishery
categories listed in Sec. 679.21(d)(3)(iii). The annual apportionments
are based on each category's share of the anticipated halibut bycatch
mortality during a fishing year and optimization of the total amount of
groundfish harvest under the halibut PSC limit. The fishery categories
for the trawl halibut PSC limits are: (1) a deep-water species fishery,
composed of sablefish, rockfish, deep-water flatfish, rex sole, and
arrowtooth flounder; and (2) a shallow-water species fishery, composed
of pollock, Pacific cod, shallow-water flatfish, flathead sole, Atka
mackerel, skates, and ``other species'' (sharks and octopuses) (Sec.
679.21(d)(3)(iii)). Halibut mortality incurred while directed fishing
for skates with trawl gear accrues towards the shallow-water species
fishery halibut PSC limit (69 FR 26320, May 12, 2004).
NMFS will combine available trawl halibut PSC limit apportionments
in part of the second season deep-water and shallow-water species
fisheries for use in either fishery from May 15 through June 30 (Sec.
679.21(d)(4)(iii)(D)). This is intended to maintain groundfish harvest
while minimizing halibut bycatch by these sectors to the extent
practicable. This provides the trawl gear deep-water and shallow-water
species fisheries additional flexibility and the incentive to
participate in fisheries at times of the year that may have lower
halibut PSC rates relative to other times of the year.
Table 11 lists the proposed 2023 and 2024 seasonal apportionments
of trawl halibut PSC limits between the trawl gear deep-water and the
shallow-water species fisheries.
Table 28d to 50 CFR part 679 specifies the amount of the trawl
halibut PSC limit that is assigned to the CV and CP sectors that are
participating in the Central GOA Rockfish Program. This includes 117 mt
of halibut PSC limit to the CV sector and 74 mt of halibut PSC limit to
the CP sector. These amounts are allocated from the trawl deep-water
species fishery's halibut PSC third seasonal apportionment. After the
combined CV and CP halibut PSC limit allocation of 191 mt to the
Rockfish Program, 150 mt remains for the trawl deep-water species
fishery's halibut PSC third seasonal apportionment.
Section 679.21(d)(4)(iii)(B) limits the amount of the halibut PSC
limit allocated to Rockfish Program participants that could be re-
apportioned to the general GOA trawl fisheries for the last seasonal
apportionment during the current fishing year to no more than 55
percent of the unused annual halibut PSC limit apportioned to Rockfish
Program participants. The remainder of the unused Rockfish Program
halibut PSC limit is unavailable for use by any person for the
remainder of the fishing year (Sec. 679.21(d)(4)(iii)(C)).

Table 11--Proposed 2023 and 2024 Apportionment of the Pacific Halibut PSC Limits Between the Trawl Gear Shallow-
Water and Deep-Water Species Fishery Categories
[Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
Season Shallow-water Deep-water \1\ Total
----------------------------------------------------------------------------------------------------------------
January 20-April 1.............................................. 384 135 519
April 1-July 1.................................................. 85 256 341
July 1-August 1................................................. 121 341 462
August 1-October 1.............................................. 53 75 128
-----------------------------------------------
Subtotal, January 20-October 1.............................. 643 807 1,450
----------------------------------------------------------------------------------------------------------------
October 1-December 31 \2\....................................... .............. .............. 256
-----------------------------------------------
Total................................................... .............. .............. 1,705
----------------------------------------------------------------------------------------------------------------
\1\ Vessels participating in cooperatives in the Central GOA Rockfish Program will receive 191 mt of the third
season (July 1 through August 1) deep-water species fishery halibut PSC apportionment.
\2\ There is no apportionment between trawl shallow-water and deep-water species fisheries during the fifth
season (October 1 through December 31).

Section 679.21(d)(2)(i)(B) requires that the ``other hook-and-line
fishery'' halibut PSC limit apportionment to vessels using hook-and-
line gear must be apportioned between CVs and CPs in accordance with
Sec. 679.21(d)(2)(iii) in conjunction with these harvest
specifications. A comprehensive description and example of the
calculations necessary to apportion the ``other hook-and-line fishery''
halibut PSC limit between the hook-and-line CV and CP sectors were
included in the proposed rule to implement Amendment 83 to the FMP (76
FR 44700, July 26, 2011) and are not repeated here.
Pursuant to Sec. 679.21(d)(2)(iii), the hook-and-line halibut PSC
limit for the ``other hook-and-line fishery'' is apportioned between
the CV and CP sectors in proportion to the total Western and Central
GOA Pacific cod allocations, which vary annually based on the
proportion of the Pacific cod biomass between the Western, Central, and
Eastern GOA. Pacific cod is apportioned among these three management
areas based on the percentage of overall biomass per area, as
calculated in the 2021 Pacific cod stock assessment. Updated
information in the final 2021 SAFE report describes this distributional
calculation, which allocates ABC among GOA regulatory areas on the
basis of the three most recent stock surveys. For 2023 and 2024, the
proposed distribution of the total GOA Pacific cod ABC is 30.3 percent
to the Western GOA, 60.2 percent to the Central GOA, and 9.5 percent to
the Eastern GOA. Therefore, the calculations made in accordance with
Sec. 679.21(d)(2)(iii) incorporate the most recent information on GOA
Pacific cod distribution and allocations with respect to the proposed
annual halibut PSC limits for the CV and CP hook-and-line sectors.
Additionally, the annual halibut PSC limits for both the CV and CP
sectors of the ``other hook-and-line fishery'' are proposed to be
divided into three seasonal apportionments, using seasonal percentages
of 86 percent, 2 percent, and 12 percent.
For 2023 and 2024, NMFS proposes annual halibut PSC limits of 150
mt and 107 mt to the hook-and-line CV and hook-and-line CP sectors,
respectively. Table 12 lists the proposed 2023 and 2024 apportionments
of halibut PSC limits between the hook-and-line CV

[[Page 74115]]

and the hook-and-line CP sectors of the ``other hook-and-line
fishery.''
No later than November 1 of each year, NMFS will calculate the
projected unused amount of halibut PSC limit by either of the CV or CP
hook-and-line sectors of the ``other hook-and-line fishery'' for the
remainder of the year. The projected unused amount of halibut PSC limit
is made available to the other hook-and-line sector for the remainder
of that fishing year (Sec. 679.21(d)(2)(iii)(C)), if NMFS determines
that an additional amount of halibut PSC is necessary for that sector
to continue its directed fishing operations.

Table 12--Proposed 2023 and 2024 Apportionments of the ``Other Hook-and-Line Fishery'' Annual Halibut PSC
Allowance Between the Hook-and-Line Gear Catcher Vessel and Catcher/Processor Sectors
[Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
Sector
``Other than DSR'' Hook-and-line sector Sector annual Season Seasonal seasonal
allowance amount percentage amount
----------------------------------------------------------------------------------------------------------------
257.................. Catcher Vessel...... 150 January 1-June 10.. 86 129
June 10-September 1 2 3
September 1- 12 18
December 31.
Catcher/Processor... 107 January 1-June 10.. 86 92
June 10-September 1 2 2
September 1- 12 13
December 31.
----------------------------------------------------------------------------------------------------------------

Halibut Discard Mortality Rates

To monitor halibut bycatch mortality allowances and apportionments,
the Regional Administrator uses observed halibut incidental catch
rates, halibut discard mortality rates (DMR), and estimates of
groundfish catch to project when a fishery's halibut bycatch mortality
allowance or seasonal apportionment is reached. Halibut incidental
catch rates are based on observed estimates of halibut incidental catch
in the groundfish fishery. DMRs are estimates of the proportion of
incidentally caught halibut that do not survive after being returned to
the sea. The cumulative halibut mortality that accrues to a particular
halibut PSC limit is the product of a DMR multiplied by the estimated
halibut PSC. DMRs are estimated using the best scientific information
available in conjunction with the annual GOA stock assessment process.
The DMR methodology and findings are included as an appendix to the
annual GOA groundfish SAFE report.
In 2016, the DMR estimation methodology underwent revisions per the
Council's directive. An interagency halibut working group (IPHC,
Council, and NMFS staff) developed improved estimation methods that
have undergone review by the Plan Team, the SSC, and the Council. A
summary of the revised methodology is contained in the GOA proposed
2017 and 2018 harvest specifications (81 FR 87881, December 6, 2016),
and the comprehensive discussion of the working group's statistical
methodology is available from the Council (see ADDRESSES). The DMR
working group's revised methodology is intended to improve estimation
accuracy, transparency, and transferability for calculating DMRs. The
working group will continue to consider improvements to the methodology
used to calculate halibut mortality, including potential changes to the
reference period (the period of data used for calculating the DMRs).
Future DMRs may change based on additional years of observer sampling,
which could provide more recent and accurate data and which could
improve the accuracy of estimation and progress on methodology. The
methodology will continue to ensure that NMFS is using DMRs that more
accurately reflect halibut mortality, which will inform the different
sectors of their estimated halibut mortality and allow specific sectors
to respond with methods that could reduce mortality and, eventually,
the DMR for that sector.
In October 2022, the Council recommended halibut DMRs reviewed by
the Plan Team and SSC, which are derived from the revised
methodology.The proposed 2023 and 2024 DMRs use an updated 2-year
reference period. The Council's motion incorrectly specified some of
the proposed DMRs, but consistent with the Council's intent, NMFS is
proposing the DMRs calculated by the Plan Team and reviewed by the SSC
for the proposed 2023 and 2024 DMRs. Comparing the proposed 2023 and
2024 DMRs to the final DMRs from the final 2022 and 2023 harvest
specifications, the proposed DMR for Rockfish Program CVs using non-
pelagic trawl gear decreased to 55 percent from 66 percent, the
proposed DMR non-Rockfish Program CVs using non-pelagic gear increased
to 74 percent from 69 percent, the proposed DMR for CPs using hook-and-
line gear decreased to 13 percent from 15 percent, the proposed DMR for
CVs using hook-and-line gear decreased to 9 percent from 12 percent,
and the proposed DMR for CPs and CVs using pot gear decreased to 27
percent from 29 percent. For pelagic trawl gear CVs and CPs, and non-
pelagic trawl mothership and CPs, the DMRs remained the same. Table 13
lists the proposed 2023 and 2024 DMRs.

Table 13--Proposed 2023 and 2024 Discard Mortality Rates for Vessels Fishing in the Gulf of Alaska
[Values are percent of halibut assumed to be dead]
----------------------------------------------------------------------------------------------------------------
Halibut
discard
Gear Sector Groundfish fishery mortality rate
(percent)
----------------------------------------------------------------------------------------------------------------
Pelagic trawl........................... Catcher vessel............ All....................... 100
Catcher/processor......... All....................... 100
Non-pelagic trawl....................... Catcher vessel............ Rockfish Program.......... 55
Catcher vessel............ All others................ 74

[[Page 74116]]

Mothership and catcher/ All....................... 83
processor.
Hook-and-line........................... Catcher/processor......... All....................... 13
Catcher vessel............ All....................... 9
Pot..................................... Catcher vessel and catcher/ All....................... 27
processor.
----------------------------------------------------------------------------------------------------------------

Chinook Salmon Prohibited Species Catch Limits

Section 679.21(h)(2) establishes separate Chinook salmon PSC limits
in the Western and Central regulatory areas of the GOA in the trawl
pollock directed fishery. These limits require that NMFS close directed
fishing for pollock in the Western and Central GOA if the applicable
Chinook salmon PSC limit is reached (Sec. 679.21(h)(8)). The annual
Chinook salmon PSC limits in the trawl pollock directed fishery of
6,684 salmon in the Western GOA and 18,316 salmon in the Central GOA
are set in Sec. 679.21(h)(2)(i) and (ii).
Section 679.21(h)(3) established an initial annual PSC limit of
7,500 Chinook salmon for the non-pollock groundfish trawl fisheries in
the Western and Central GOA. This limit is apportioned among the three
sectors that conduct directed fishing for groundfish species other than
pollock: 3,600 Chinook salmon to trawl CPs; 1,200 Chinook salmon to
trawl CVs participating in the Rockfish Program; and 2,700 Chinook
salmon to trawl CVs not participating in the Rockfish Program (Sec.
679.21(h)(4)). NMFS will monitor the Chinook salmon PSC in the trawl
non-pollock GOA groundfish fisheries and close an applicable sector if
it reaches its Chinook salmon PSC limit.
The Chinook salmon PSC limit for two sectors, trawl CPs and trawl
CVs not participating in the Rockfish Program, may be increased in
subsequent years based on the performance of these two sectors and
their ability to minimize their use of their respective Chinook salmon
PSC limits. If either or both of these two sectors limit its use of
Chinook salmon PSC to a certain threshold amount in 2022 (3,120 for
trawl CPs and 2,340 for non-Rockfish Program trawl CVs), that sector
will receive an increase to its 2023 Chinook salmon PSC limit (4,080
for trawl CPs and 3,060 for non-Rockfish Program trawl CVs) (Sec.
679.21(h)(4)). NMFS will evaluate the annual Chinook salmon PSC by
trawl CPs and non-Rockfish Program trawl CVs when the 2022 fishing year
is complete to determine whether to increase the Chinook salmon PSC
limits for these two sectors. Based on preliminary 2022 Chinook salmon
PSC data, the trawl CP sector may receive an incremental increase of
Chinook salmon PSC limit in 2023, and the non-Rockfish Program trawl CV
sector may receive an incremental increase of Chinook salmon PSC limit
in 2023. This evaluation will be completed in conjunction with the
final 2023 and 2024 harvest specifications.

American Fisheries Act (AFA) CP and CV Groundfish Harvest and PSC
Limits

Section 679.64 establishes groundfish harvesting and processing
sideboard limits on AFA CPs and CVs in the GOA. These sideboard limits
are necessary to protect the interests of fishermen and processors who
do not directly benefit from the AFA from those fishermen and
processors who receive exclusive harvesting and processing privileges
under the AFA. Section 679.7(k)(1)(ii) prohibits listed AFA CPs and CPs
designated on a listed AFA CP permit from harvesting any species of
fish in the GOA. Additionally, Sec. 679.7(k)(1)(iv) prohibits listed
AFA CPs and CPs designated on a listed AFA CP permit from processing
any pollock harvested in a directed pollock fishery in the GOA and any
groundfish harvested in Statistical Area 630 of the GOA.
AFA CVs that are less than 125 feet (38.1 meters) length overall,
have annual landings of pollock in the Bering Sea and Aleutian Islands
of less than 5,100 mt, and have made at least 40 landings of GOA
groundfish from 1995 through 1997 are exempt from GOA CV groundfish
sideboard limits under Sec. 679.64(b)(2)(ii). Sideboard limits for
non-exempt AFA CVs in the GOA are based on their traditional harvest
levels of TAC in groundfish fisheries covered by the FMP. Section
679.64(b)(3)(iv) establishes the CV groundfish sideboard limits in the
GOA based on the aggregate retained catch by non-exempt AFA CVs of each
sideboard species from 1995 through 1997 divided by the TAC for that
species over the same period.
NMFS published a final rule (84 FR 2723, February 8, 2019) that
implemented regulations to prohibit non-exempt AFA CVs from directed
fishing for specific groundfish species or species groups subject to
sideboard limits (Sec. 679.20(d)(1)(iv)(D) and Table 56 to 50 CFR part
679). Sideboard limits not subject to the final rule continue to be
calculated and included in the GOA annual harvest specifications.
Table 14 lists the proposed 2023 and 2024 groundfish sideboard
limits for non-exempt AFA CVs. NMFS will deduct all targeted or
incidental catch of sideboard species made by non-exempt AFA CVs from
the sideboard limits listed in Table 14.

[[Page 74117]]

Table 14--Proposed 2023 and 2024 GOA Non-Exempt American Fisheries Act Catcher Vessel (CV) Groundfish Sideboard
Limits
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Ratio of 1995- Proposed 2023
1997 non- Proposed 2023 and 2024 non-
Species Apportionments Area/component exempt AFA CV and 2024 TACs exempt AFA CV
by season/gear catch to 1995- \3\ sideboard
1997 TAC limit
----------------------------------------------------------------------------------------------------------------
Pollock...................... A Season, Shumagin (610). 0.6047 1,122 679
January 20-May
31.
Chirikof (620). 0.1167 51,845 6,050
Kodiak (630)... 0.2028 8,009 1,624
B Season, Shumagin (610). 0.6047 22,384 13,535
September 1-
November 1.
Chirikof (620). 0.1167 16,797 1,960
Kodiak (630)... 0.2028 21,795 4,420
Annual.......... WYK (640)...... 0.3495 6,663 2,329
SEO (650)...... 0.3495 11,363 3,971
Pacific cod.................. A Season \1\.... W.............. 0.1331 3,879 516
January 1-June C.............. 0.0692 8,311 575
10.
B Season \2\, W.............. 0.1331 2,210 294
September 1-
December 31.
C.............. 0.0692 4,651 322
Flatfish, shallow-water...... Annual.......... W.............. 0.0156 13,250 207
C.............. 0.0587 26,743 1,570
Flatfish, deep-water......... Annual.......... C.............. 0.0647 2,105 136
E.............. 0.0128 3,457 44
Rex sole..................... Annual.......... C.............. 0.0384 13,054 501
Arrowtooth flounder.......... Annual.......... C.............. 0.0280 67,493 1,890
Flathead sole................ Annual.......... C.............. 0.0213 15,400 328
Pacific ocean perch.......... Annual.......... C.............. 0.0748 29,869 2,234
E.............. 0.0466 4,712 220
Northern rockfish............ Annual.......... C.............. 0.0277 3,061 85
----------------------------------------------------------------------------------------------------------------
\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.
\3\ The Western and Central GOA and WYK District area apportionments of pollock are considered ACLs.

Non-Exempt AFA Catcher Vessel Halibut PSC Limits

The halibut PSC sideboard limits for non-exempt AFA CVs in the GOA
are based on the aggregate retained groundfish catch by non-exempt AFA
CVs in each PSC target category from 1995 through 1997 divided by the
retained catch of all vessels in that fishery from 1995 through 1997
(Sec. 679.64(b)(4)(ii)). Table 15 lists the proposed 2023 and 2024
non-exempt AFA CV halibut PSC limits for vessels using trawl gear in
the GOA.

Table 15--Proposed 2023 and 2024 Non-Exempt AFA CV Halibut PSC Sideboard Limits for Vessels Using Trawl Gear in
the GOA
[PSC limits are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Ratio of 1995-
1997 non- Proposed 2023
exempt AFA CV Proposed 2023 and 2024 non-
Season Season dates Fishery category retained catch and 2024 PSC exempt AFA CV
to total limit PSC limit
retained catch
----------------------------------------------------------------------------------------------------------------
1................ January 20-April 1.... shallow-water........ 0.340 384 131
deep-water........... 0.070 135 9
2................ April 1-July 1........ shallow-water........ 0.340 85 29
deep-water........... 0.070 256 18
3................ July 1-August 1....... shallow-water........ 0.340 121 41
deep-water........... 0.070 341 24
4................ August 1-October 1.... shallow-water........ 0.340 53 18
deep-water........... 0.070 75 5
5................ October 1-December 31. all targets.......... 0.205 256 52
----------------------------------------------------------------------
Annual................................... Total shallow-water.. .............. .............. 219
----------------------------------------------------------------------------------------------
Total deep-water..... .............. .............. 56
----------------------------------------------------------------------------------------------
Grand Total, all seasons and categories 1,705 328
----------------------------------------------------------------------------------------------------------------

[[Page 74118]]

Non-AFA Crab Vessel Groundfish Harvest Limitations

Section 680.22 establishes groundfish sideboard limits for vessels
with a history of participation in the Bering Sea snow crab fishery to
prevent these vessels from using the increased flexibility provided by
the Crab Rationalization (CR) Program to expand their level of
participation in the GOA groundfish fisheries. Sideboard harvest limits
restrict these vessels' catch to their collective historical landings
in each GOA groundfish fishery (except the fixed-gear sablefish
fishery). Sideboard limits also apply to landings made using an LLP
license derived from the history of a restricted vessel, even if that
LLP license is used on another vessel.
The basis for these sideboard harvest limits is described in detail
in the final rules implementing the major provisions of the CR Program,
including Amendments 18 and 19 to the Fishery Management Plan for
Bering Sea/Aleutian Islands King and Tanner Crabs (Crab FMP) (70 FR
10174, March 2, 2005), Amendment 34 to the Crab FMP (76 FR 35772, June
20, 2011), Amendment 83 to the GOA FMP (76 FR 74670, December 1, 2011),
and Amendment 45 to the Crab FMP (80 FR 28539, May 19, 2015). Also,
NMFS published a final rule (84 FR 2723, February 8, 2019) that
implemented regulations to prohibit non-AFA crab vessels from directed
fishing for all groundfish species or species groups subject to
sideboard limits, except for Pacific cod apportioned to CVs using pot
gear in the Western and Central Regulatory Areas (Sec.
680.22(e)(1)(iii)). Accordingly, the GOA annual harvest specifications
include only the non-AFA crab vessel groundfish sideboard limits for
Pacific cod apportioned to CVs using pot gear in the Western and
Central Regulatory Areas.
Table 16 lists the proposed 2023 and 2024 groundfish sideboard
limits for non-AFA crab vessels. All targeted or incidental catch of
sideboard species made by non-AFA crab vessels or associated LLP
licenses will be deducted from these sideboard limits.

Table 16--Proposed 2023 and 2024 GOA Non-American Fisheries Act Crab Vessel Groundfish Sideboard Limits
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Ratio of 1996- Proposed 2023
2000 non-AFA and 2024 non-
Area/component/ crab vessel Proposed 2023 AFA crab
Species Season/gear gear catch to 1996- and 2024 TACs vessel
2000 total sideboard
harvest limit
----------------------------------------------------------------------------------------------------------------
Pacific cod.................. A Season, Western Pot CV. 0.0997 3,879 387
January 1-June
10.
Central Pot CV. 0.0474 8,311 394
B Season, Western Pot CV. 0.0997 2,210 220
September 1-
December 31.
Central Pot CV. 0.0474 4,651 220
----------------------------------------------------------------------------------------------------------------

Rockfish Program Groundfish Sideboard and Halibut PSC Limitations

The Rockfish Program establishes three classes of sideboard
provisions: CV groundfish sideboard restrictions, CP rockfish sideboard
restrictions, and CP opt-out vessel sideboard restrictions (Sec.
679.82(c)(1)). These sideboards are intended to limit the ability of
rockfish harvesters to expand into other fisheries.
CVs participating in the Rockfish Program may not participate in
directed fishing for dusky rockfish, Pacific ocean perch, and northern
rockfish in the Western GOA and West Yakutat District from July 1
through July 31. Also, CVs may not participate in directed fishing for
arrowtooth flounder, deep-water flatfish, and rex sole in the GOA from
July 1 through July 31 (Sec. 679.82(d)).
Prior to 2021, CPs participating in Rockfish Program cooperatives
were restricted by rockfish sideboard limits in the Western GOA. A
final rule that implemented Amendment 111 to the FMP (86 FR 11895,
March 1, 2021) removed Western GOA rockfish sideboard ratios for
Rockfish Program CPs from regulation. That rule also revised and
clarified the establishment of West Yakutat District rockfish sideboard
ratios in regulation, rather than specifying the West Yakutat District
rockfish sideboard ratios in the annual GOA harvest specifications.
CPs participating in Rockfish Program cooperatives are restricted
by rockfish and halibut PSC sideboard limits. These CPs are prohibited
from directed fishing for dusky rockfish, Pacific ocean perch, and
northern rockfish in the Western GOA and West Yakutat District from
July 1 through July 31 (Sec. 679.82(e)(2)). The sideboard ratio for
each rockfish fishery in the West Yakutat District is set forth in
Sec. 679.82(e)(4). The rockfish sideboard ratio for each rockfish
fishery in the West Yakutat District is an established percentage of
the TAC for catcher/processors in the directed fishery for dusky
rockfish and Pacific ocean perch. These percentages are confidential.
Holders of CP-designated LLP licenses that opt out of participating in
a Rockfish Program cooperative will be able to access that portion of
each rockfish sideboard limits that is not assigned to Rockfish Program
cooperatives (Sec. 679.82(e)(7)).
Under the Rockfish Program, the CP sector is subject to halibut PSC
sideboard limits for the trawl deep-water and shallow-water species
fisheries from July 1 through July 31 (Sec. 679.82(e)(3) and (5)).
Halibut PSC sideboard ratios by fishery are set forth in Sec.
679.82(e)(5). No halibut PSC sideboard limits apply to the CV sector,
as vessels participating in a rockfish cooperative receive a portion of
the annual halibut PSC limit. CPs that opt out of the Rockfish Program
would be able to access that portion of the deep-water and shallow-
water halibut PSC sideboard limit not assigned to CP rockfish
cooperatives. The sideboard provisions for CPs that elect to opt out of
participating in a rockfish cooperative are described in Sec.
679.82(c), (e), and (f). Sideboard limits are linked to the catch
history of specific vessels that may choose to opt out. After March 1,
NMFS will determine which CPs have opted-out of the Rockfish Program in
2023, and will know the ratios and amounts used to calculate opt-out
sideboard ratios. NMFS will then calculate any applicable opt-out
sideboard limits for 2023 and post these limits on the Alaska

[[Page 74119]]

Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports#central-goa-rockfish.
Table 17 lists the proposed 2023 and 2024 Rockfish Program halibut PSC
sideboard limits for the CP sector.

Table 17--Proposed 2023 and 2024 Rockfish Program Halibut PSC Sideboard Limits for the Catcher/Processor Sector
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Shallow-water Deep-water
species species Annual shallow- Annual deep-
fishery fishery Annual halibut water species water species
Sector halibut PSC halibut PSC PSC limit (mt) fishery halibut fishery halibut
sideboard ratio sideboard ratio PSC sideboard PSC sideboard
(percent) (percent) limit (mt) limit (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Catcher/processor.................................................. 0.10 2.50 1,705 2 43
--------------------------------------------------------------------------------------------------------------------------------------------------------

Amendment 80 Program Groundfish and PSC Sideboard Limits

Amendment 80 to the Fishery Management Plan for Groundfish of the
Bering Sea and Aleutian Islands Management Area (Amendment 80 Program)
established a limited access privilege program for the non-AFA trawl CP
sector. The Amendment 80 Program established groundfish and halibut PSC
limits for Amendment 80 Program participants to limit the ability of
participants eligible for the Amendment 80 Program to expand their
harvest efforts in the GOA.
Section 679.92 establishes groundfish harvesting sideboard limits
on all Amendment 80 Program vessels, other than the F/V Golden Fleece,
to amounts no greater than the limits shown in Table 37 to 50 CFR part
679. Under Sec. 679.92(d), the F/V Golden Fleece is prohibited from
directed fishing for pollock, Pacific cod, Pacific ocean perch, dusky
rockfish, and northern rockfish in the GOA.
Groundfish sideboard limits for Amendment 80 Program vessels
operating in the GOA are based on their average aggregate harvests from
1998 through 2004 (72 FR 52668, September 14, 2007). Table 18 lists the
proposed 2023 and 2024 groundfish sideboard limits for Amendment 80
Program vessels. NMFS will deduct all targeted or incidental catch of
sideboard species made by Amendment 80 Program vessels from the
sideboard limits in Table 18.

Table 18--Proposed 2023 and 2024 GOA Groundfish Sideboard Limits for Amendment 80 Program Vessels
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Ratio of Proposed 2023
Amendment 80 and 2024
sector Proposed 2023 Amendment 80
Species Season Area vessels 1998- and 2024 TAC vessel
2004 catch to (mt) \3\ sideboard
TAC limits (mt)
----------------------------------------------------------------------------------------------------------------
Pollock...................... A Season, Shumagin (610). 0.003 1,122 3
January 20-May Chirikof (620). 0.002 51,845 104
31.
Kodiak (630)... 0.002 8,009 16
B Season, Shumagin (610). 0.003 22,384 67
September 1- Chirikof (620). 0.002 16,797 34
November 1. Kodiak (630)... 0.002 21,795 44
Annual.......... WYK (640)...... 0.002 6,663 13
Pacific cod.................. A Season \1\, W.............. 0.020 3,879 78
January 1-June C.............. 0.044 8,311 366
10.
B Season \2\, W.............. 0.020 2,210 44
September 1- C.............. 0.044 4,651 205
December 31.
Annual.......... WYK............ 0.034 2,045 70
Pacific ocean perch.......... Annual.......... W.............. 0.994 2,523 2,508
WYK............ 0.961 1,366 1,313
Northern rockfish............ Annual.......... W.............. 1.000 1,859 1,859
Dusky rockfish............... Annual.......... W.............. 0.764 259 198
WYK............ 0.896 412 369
----------------------------------------------------------------------------------------------------------------
\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.
\3\ The Western and Central GOA and WYK District area apportionments of pollock are considered ACLs.

The halibut PSC sideboard limits for Amendment 80 Program vessels
in the GOA are based on the historical use of halibut PSC by Amendment
80 Program vessels in each PSC target category from 1998 through 2004.
These values are slightly lower than the average historical use to
accommodate two factors: allocation of halibut PSC cooperative quota
under the Rockfish Program and the exemption of the F/V Golden Fleece
from this restriction (Sec. 679.92(b)(2)). Table 19 lists the proposed
2023 and 2024 halibut PSC sideboard limits for Amendment 80

[[Page 74120]]

Program vessels. This table incorporates the maximum percentages of the
halibut PSC sideboard limits that may be used by Amendment 80 Program
vessels as contained in Table 38 to 50 CFR part 679. Any residual
amount of a seasonal Amendment 80 halibut PSC sideboard limit may carry
forward to the next season limit (Sec. 679.92(b)(2)).

Table 19--Proposed 2023 and 2024 Halibut PSC Sideboard Limits for Amendment 80 Program Vessels in the GOA
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Historic Proposed 2023
Amendment 80 Proposed 2023 and 2024
use of the and 2024 Amendment 80
Season Season dates Fishery category annual halibut annual PSC vessel PSC
PSC limit limit (mt) sideboard
(ratio) limit (mt)
----------------------------------------------------------------------------------------------------------------
1................ January 20-April 1.... shallow-water........ 0.0048 1,705 8
deep-water........... 0.0115 1,705 20
2................ April 1-July 1........ shallow-water........ 0.0189 1,705 32
deep-water........... 0.1072 1,705 183
3................ July 1-August 1....... shallow-water........ 0.0146 1,705 25
deep-water........... 0.0521 1,705 89
4................ August 1-October 1.... shallow-water........ 0.0074 1,705 13
deep-water........... 0.0014 1,705 2
5................ October 1-December 31. shallow-water........ 0.0227 1,705 39
deep-water........... 0.0371 1,705 63
----------------------------------------------------------------------------------------------------------------
Annual................................... Total shallow-water.. .............. .............. 117
----------------------------------------------------------------------------------------------------------------
Total deep-water...... ..................... .............. 357
----------------------------------------------------------------------------------------------
Grand Total, all seasons and categories 474
----------------------------------------------------------------------------------------------------------------

Classification

NMFS is issuing this proposed rule pursuant to section 305(d) of
the Magnuson-Stevens Act. Through previous actions, the FMP and
regulations are designed to authorize NMFS to take this action. See 50
CFR part 679. The NMFS Assistant Administrator has determined that the
proposed harvest specifications are consistent with the FMP and
preliminarily determined that the proposed harvest specifications are
consistent with the Magnuson-Stevens Act and other applicable laws,
subject to further review after public comment.
This action is authorized under 50 CFR 679.20 and is exempt from
review under Executive Order 12866.
NMFS prepared an EIS for the Alaska groundfish harvest
specifications and alternative harvest strategies (see ADDRESSES) and
made it available to the public on January 12, 2007 (72 FR 1512). On
February 13, 2007, NMFS issued the ROD for the Final EIS. A SIR is
being prepared for the final 2023 and 2024 harvest specifications to
provide a subsequent assessment of the action and to address the need
to prepare a Supplemental EIS (40 CFR 1501.11(b); 1502.9(d)(1)). Copies
of the Final EIS, ROD, and annual SIRs for this action are available
from NMFS (see ADDRESSES). The Final EIS analyzes the environmental,
social, and economic consequences of the proposed groundfish harvest
specifications and alternative harvest strategies on resources in the
action area. Based on the analysis in the Final EIS, NMFS concluded
that the preferred Alternative (Alternative 2) provides the best
balance among relevant environmental, social, and economic
considerations and allows for continued management of the groundfish
fisheries based on the most recent, best scientific information.

Initial Regulatory Flexibility Analysis

This Initial Regulatory Flexibility Analysis (IRFA) was prepared
for this proposed rule, as required by Section 603 of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 603), to describe the economic impact
that this proposed rule, if adopted, would have on small entities. The
IRFA describes the action; the reasons why this proposed rule is
proposed; the objectives and legal basis for this proposed rule; the
estimated number and description of directly regulated small entities
to which this proposed rule would apply; the recordkeeping, reporting,
and other compliance requirements of this proposed rule; and the
relevant Federal rules that may duplicate, overlap, or conflict with
this proposed rule. The IRFA also describes significant alternatives to
this proposed rule that would accomplish the stated objectives of the
Magnuson-Stevens Act, and any other applicable statutes, and that would
minimize any significant economic impact of this proposed rule on small
entities. The description of the proposed action, its purpose, and the
legal basis are explained earlier in the preamble and are not repeated
here.
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
engaged in commercial fishing (North American Industry Classification
System (NAICS) code 11411) is classified as a small business if it is
independently owned and operated, is not dominant in its field of
operation (including its affiliates), and has combined annual receipts
not in excess of $11 million for all its affiliated operations
worldwide. A shoreside processor primarily involved in seafood
processing (NAICS code 311710) is classified as a small business if it
is independently owned and operated, is not dominant in its field of
operation (including its affiliates), and has combined annual
employment, counting all individuals employed on a full-time, part-
time, or other basis, not in excess of 750 employees for all its
affiliated operations worldwide.

[[Page 74121]]

Number and Description of Small Entities Regulated by This Proposed
Rule

The entities directly regulated by the groundfish harvest
specifications include: (a) entities operating vessels with groundfish
Federal fisheries permits (FFPs) catching FMP groundfish in Federal
waters (including those receiving direction allocations of groundfish);
(b) all entities operating vessels, regardless of whether they hold
groundfish FFPs, catching FMP groundfish in the State-waters parallel
fisheries; and (c) all entities operating vessels fishing for halibut
inside 3 miles of the shore (whether or not they have FFPs).
In 2021 (the most recent year of complete data), there were 671
individual CVs and CPs with gross revenues less than or equal to $11
million. This represents the potential suite of directly regulated
small entities. This includes an estimated 668 small CV and 3 small CP
entities in the GOA groundfish sector. The determination of entity size
is based on vessel revenues and affiliated group revenues. This
determination also includes an assessment of fisheries cooperative
affiliations, although actual vessel ownership affiliations have not
been completely established. However, the estimate of these 671 CVs and
CPs may be an overstatement of the number of small entities. The CVs
had average gross revenues that varied by gear type. Average gross
revenues for hook-and-line CVs, pot gear CVs, and trawl gear CVs are
estimated to be $390,000, $720,000, and $1.96 million, respectively.
Average gross revenues for CP entities are confidential.

Description of Significant Alternatives That Minimize Adverse Impacts
on Small Entities

The action under consideration is the proposed 2023 and 2024
harvest specifications, apportionments, and Pacific halibut prohibited
species catch limits for the groundfish fishery of the GOA. This action
is necessary to establish harvest limits for groundfish during the 2023
and 2024 fishing years and is taken in accordance with the FMP prepared
by the Council pursuant to the Magnuson-Stevens Act. The establishment
of the proposed harvest specifications is governed by the Council's
harvest strategy to govern the catch of groundfish in the GOA. This
strategy was selected from among five alternatives, with the preferred
alternative harvest strategy being one in which the TACs fall within
the range of ABCs recommended by the SSC. Under the preferred harvest
strategy, TACs are set to a level that falls within the range of ABCs
recommended by the SSC; the sum of the TACs must achieve the OY
specified in the FMP. While the specific numbers that the harvest
strategy produces may vary from year to year, the methodology used for
the preferred harvest strategy remains constant.
The TACs associated with preferred harvest strategy are those
recommended by the Council in October 2022. OFLs and ABCs for the
species were based on recommendations prepared by the Council's Plan
Team in September 2022, and reviewed by the Council's SSC in October
2022. The Council based its TAC recommendations on those of its AP,
which were consistent with the SSC's OFL and ABC recommendations. The
TACs in these proposed 2023 and 2024 harvest specifications are
unchanged from the 2023 TACs in the final 2022 and 2023 harvest
specifications (87 FR 11599; March 2, 2022), and the sum of all TACs
remains within the OY for the GOA.
The proposed 2023 and 2024 OFLs and ABCs are based on the best
available biological information, including projected biomass trends,
information on assumed distribution of stock biomass, and revised
technical methods to calculate stock biomass. The proposed 2023 and
2024 TACs are based on the best available biological and socioeconomic
information. The proposed 2023 and 2024 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.
Under this action, the proposed ABCs reflect harvest amounts that
are less than the specified overfishing levels. The proposed TACs are
within the range of proposed ABCs recommended by the SSC and do not
exceed the biological limits recommended by the SSC (the ABCs and
overfishing levels). For most species and species groups in the GOA,
the Council recommended, and NMFS proposes, TACs equal to proposed
ABCs, which is intended to maximize harvest opportunities in the GOA.
For some species and species groups, however, the Council
recommended, and NMFS proposes, TACs that are less than the proposed
ABCs, including for pollock in the W/C/WYK Regulatory Area, Pacific
cod, shallow-water flatfish in the Western Regulatory Area, arrowtooth
flounder in the Western Regulatory Area and SEO District, flathead sole
in the Western and Central Regulatory Areas, other rockfish in the SEO
District, and Atka mackerel. In the GOA, increasing TACs for some
species may not result in increased harvest opportunities for those
species. This is due to a variety of reasons. There may be a lack of
commercial or market interest in some species. Additionally, there are
fixed, and therefore constraining, PSC limits associated with the
harvest of the GOA groundfish species that can lead to an underharvest
of flatfish TACs. For this reason, the shallow-water flatfish,
arrowtooth flounder, and flathead sole TACs are set to allow for
increased harvest opportunities for these target species while
conserving the halibut PSC limit for use in other fisheries. The other
rockfish and Atka mackerel TACs are set to accommodate ICAs in other
fisheries. Finally, the TACs for two species (pollock and Pacific cod)
cannot be set equal to ABC, as the TAC must be reduced to account for
the State's GHLs in these fisheries. The W/C/WYK Regulatory Area
pollock TAC and the GOA Pacific cod TACs are therefore set to account
for the State's GHLs for the State waters pollock and Pacific cod
fisheries so that the ABCs are not exceeded. For most species in the
GOA, the Council recommended, and NMFS proposes, that proposed TACs
equal proposed ABCs, unless other conservation or management reasons
support proposed TAC amounts less than the proposed ABCs.
Based upon the best available scientific data, and in consideration
of the Council's objectives of this action, it appears that there are
no significant alternatives to the proposed rule that have the
potential to accomplish the stated objectives of the Magnuson-Stevens
Act and any other applicable statutes and that have the potential to
minimize any significant adverse economic impact of the proposed rule
on small entities. This action is economically beneficial to entities
operating in the GOA, including small entities. The action proposes
TACs for commercially valuable species in the GOA and allows for the
continued prosecution of the fishery, thereby creating the opportunity
for fishery revenue. After public process, during which the Council
solicited input from stakeholders, the Council concluded that the
proposed harvest specifications would best accomplish the stated
objectives articulated in the preamble for this proposed rule, and in
applicable statutes, and would minimize to the extent practicable
adverse economic impacts on the universe of directly regulated small
entities.

[[Page 74122]]

This action does not modify recordkeeping or reporting
requirements, or duplicate, overlap, or conflict with any Federal
rules.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
Adverse impacts on marine mammals or endangered or threatened
species resulting from fishing activities conducted under these harvest
specifications are discussed in the Final EIS and its accompanying
annual SIRs (see ADDRESSES).

Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 1540(f); 16 U.S.C.
1801 et seq.; 16 U.S.C. 3631 et seq.; Pub. L. 105-277; Pub. L. 106-
31; Pub. L. 106-554; Pub. L. 108-199; Pub. L. 108-447; Pub. L. 109-
241; Pub. L. 109-479.

Dated: November 23, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2022-26173 Filed 12-1-22; 8:45 am]
BILLING CODE 3510-22-P

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