Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; Proposed 2024 and 2025 Harvest Specifications for Groundfish, 84278-84296 [2023-26707]
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Federal Register / Vol. 88, No. 232 / Tuesday, December 5, 2023 / Proposed Rules
reduce wildfire risks to breeding and
upland habitats of the northern DPS and
southern DPS of the western spadefoot
and consistent with the State of
California fire codes or local fire codes/
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(D) Fire management actions (e.g.,
prescribed burns, hazardous fuel
reduction activities, and maintenance of
fuel breaks) to maintain, protect, or
enhance habitat occupied by the
northern DPS and southern DPS of the
western spadefoot.
*
*
*
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*
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023–26579 Filed 12–4–23; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 231130–0283; RTID 0648–
XD454]
Fisheries of the Exclusive Economic
Zone Off Alaska; Bering Sea and
Aleutian Islands; Proposed 2024 and
2025 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 2024 and
2025 harvest specifications,
apportionments, and prohibited species
catch allowances for the groundfish
fisheries of the Bering Sea and Aleutian
Islands (BSAI) management area. This
action is necessary to establish harvest
limits for groundfish during the 2024
and 2025 fishing years and to
accomplish the goals and objectives of
the Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area
(FMP). The 2024 harvest specifications
supersede those previously set in the
final 2023 and 2024 harvest
specifications, and the 2025 harvest
specifications will be superseded in
early 2025 when the final 2025 and
2026 harvest specifications are
published. The intended effect of this
action is to conserve and manage the
groundfish resources in the BSAI in
accordance with the Magnuson-Stevens
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SUMMARY:
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Fishery Conservation and Management
Act (Magnuson-Stevens Act).
Comments must be received by
January 4, 2024.
DATES:
Submit your comments,
identified by NOAA–NMFS–2023–0124,
by either of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
NOAA–NMFS–2023–0124 in the Search
box. Click on the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Gretchen Harrington, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Records Office. Mail comments to P.O.
Box 21668, Juneau, AK 99802–1668.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record,
and NMFS will post the comments for
public viewing on https://
www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.), 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 2024
SIR for the final 2024 and 2025 harvest
specifications will be available from the
same source. The final 2022 Stock
Assessment and Fishery Evaluation
(SAFE) report for the groundfish
resources of the BSAI, dated November
2022, is available from the North Pacific
Fishery Management Council (Council)
at 1007 West 3rd Ave., Suite 400,
Anchorage, Alaska 99501, phone 907–
271–2809, or from the Council’s website
at https://www.npfmc.org/. The 2023
SAFE report for the BSAI will be
available from the same source.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
SUPPLEMENTARY INFORMATION:
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Background
Federal regulations at 50 CFR part 679
implement the FMP and govern the
groundfish fisheries in the BSAI. The
Council prepared the FMP, and NMFS
approved it, pursuant to the MagnusonStevens Act. General regulations
governing U.S. fisheries also appear at
50 CFR part 600.
The FMP and its implementing
regulations require that NMFS, after
consultation with the North Pacific
Fishery Management Council (Council),
specify annually the total allowable
catch (TAC) for each target species
category. The sum of TACs for all
groundfish species in the BSAI must be
within the optimum yield (OY) range of
1.4 million to 2.0 million metric tons
(mt) (see §§ 679.20(a)(1)(i)(A) and
679.20(a)(2)). Section 679.20(c)(1)
further requires that NMFS publish
proposed harvest specifications in the
Federal Register and solicit public
comments on proposed annual TACs for
each target species and apportionments
thereof; prohibited species catch (PSC)
allowances; prohibited species quota
(PSQ) reserves established by § 679.21;
seasonal allowances of pollock, Pacific
cod, and Atka mackerel TAC; American
Fisheries Act allocations; Amendment
80 allocations; Community
Development Quota (CDQ) reserve
amounts established by
§ 679.20(b)(1)(ii); and acceptable
biological catch (ABC) surpluses and
reserves for CDQ groups and
Amendment 80 cooperatives for
flathead sole, rock sole, and yellowfin
sole. The proposed harvest
specifications set forth in Tables 1–16 of
this action satisfy these requirements.
Under § 679.20(c)(3), NMFS will
publish the final 2024 and 2025 harvest
specifications after (1) considering
comments received within the comment
period (see DATES), (2) consulting with
the Council at its December 2023
meeting, (3) considering information
presented in the 2024 SIR to the Final
EIS that assesses the need to prepare a
Supplemental EIS (see ADDRESSES), and
(4) considering information presented in
the final 2023 SAFE report prepared for
the 2024 and 2025 groundfish fisheries.
Other Actions Affecting or Potentially
Affecting the 2024 and 2025 Harvest
Specifications
Halibut Abundance-Based Management
for the Amendment 80 Program PSC
Limit
On December 9, 2022, NMFS
published a proposed rule associated
with Amendment 123 to the FMP (87 FR
75570), which would establish
abundance-based management of
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Amendment 80 Program PSC for Pacific
halibut. Upon publication of the final
rule associated with Amendment 123
(publication is pending in November
2023), the regulations implementing
Amendment 123 will replace the
current Amendment 80 sector static
halibut PSC limit (1,745 mt) with a
process for annually setting the
Amendment 80 sector halibut PSC limit
based on the most recent halibut
abundance estimates from the
International Pacific Halibut
Commission (IPHC) setline survey index
and the NMFS Alaska Fisheries Science
Center (AFSC) Eastern Bering Sea shelf
trawl survey index. The annual process
uses a table with pre-established halibut
abundance ranges from those surveys.
The annual Amendment 80 sector
halibut PSC limit will be set at the value
found at the intercept of the results from
the most recent survey indices. NMFS
will calculate the Amendment 80 sector
halibut PSC limit, as well as the total
halibut PSC limit, in the final 2024 and
2025 harvest specifications.
Pacific Cod Trawl Cooperative Limited
Access Privilege Program
On August 8, 2023, NMFS published
a final rule to implement Amendment
122 to the FMP (88 FR 53704, effective
September 7, 2023) (see also a
correction published at 88 FR 57009,
August 22, 2023). The final rule
establishes a limited access privilege
program called the Pacific Cod Trawl
Cooperative (PCTC) Program. The PCTC
Program allocates Pacific cod quota
share (QS) to groundfish License
Limitation Program license holders and
to processors based on history during
the qualifying years. Under this
program, QS holders are required to join
cooperatives annually. Cooperatives are
allocated the BSAI trawl catcher vessel
sector’s A and B seasons Pacific cod
allocation as an exclusive harvest
privilege in the form of cooperative
quota, equivalent to the aggregate QS of
all cooperative members. Amendment
122 also reduces the halibut and crab
PSC limits for the BSAI trawl catcher
vessel (CV) Pacific cod fishery.
Accordingly, Amendment 122 and its
implementing regulations affect the
calculation of the BSAI trawl CV sector
allocation of Pacific cod (discussed in a
subsequent section of this rule titled
Allocation of the Pacific Cod TAC) and
the BSAI trawl limited access sector
crab and halibut PSC limits (discussed
in a subsequent section of this rule
titled Proposed PSC Limits for Halibut,
Salmon, Crab, and Herring).
Amendment 122 also removed the
regulations at § 679.20(a)(7)(viii) for
Amendment 113 to the FMP because the
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U.S. District Court for the District of
Columbia vacated the rule
implementing Amendment 113
(Groundfish Forum v. Ross, 375
F.Supp.3d 72 (D.D.C. 2019)).
State of Alaska Guideline Harvest Levels
For 2024 and 2025, the Board of
Fisheries (BOF) for the State of Alaska
(State) established the guideline harvest
level (GHL) for vessels using pot,
longline, jig, and hand troll gear in State
waters in the State’s Aleutian Islands
subarea (AI) State-waters sablefish
registration area that includes all State
waters west of Scotch Cap Light
(164°44.72′ W longitude) and south of
Cape Sarichef (54°36′ N latitude). The
2024 AI GHL is set at 5 percent of the
combined proposed 2024 Bering Sea
(BS) subarea and AI ABC (1,025 mt).
The State’s AI sablefish registration area
includes areas adjacent to parts of the
Federal BS subarea. Since most of the
State’s 2024 and 2025 GHL sablefish
fishery is expected to occur in State
waters adjacent to the Federal BS
subarea, the Council and its BSAI
Groundfish Plan Team (Plan Team),
Scientific and Statistical Committee
(SSC), and Advisory Panel (AP)
recommended that the sum of all State
and Federal sablefish removals from the
BS and AI not exceed the proposed ABC
recommendations for sablefish in the BS
and AI.
Accordingly, the Council
recommended, and NMFS proposes,
that the 2024 and 2025 sablefish TACs
in the BS and AI account for the State’s
GHLs for sablefish caught in State
waters.
For 2024 and 2025, the BOF for the
State established the GHL for vessels
using pot gear in State waters in the BS
equal to 12 percent of the Pacific cod
ABC in the BS. The BS GHL will
increase by one percent if 90 percent of
the GHL is harvested by November 15
of the preceding year for two
consecutive years but may not exceed
15 percent of the BS ABC. If 90 percent
of the GHL is not harvested by
November 15 of the preceding year for
two consecutive years, the GHL will
decrease by 1 percent, but the GHL may
not decrease below 10 percent of the BS
ABC. Based on harvest in 2022 and
2023, the GHL likely will remain at 12
percent in 2024. NMFS will account for
any adjustment to the GHL in the final
2024 and 2025 harvest specifications.
For 2024 and 2025, 12 percent of the
proposed BS ABC is 16,819 mt. Also, for
2024 and 2025, the BOF established an
additional GHL for vessels using jig gear
in State waters in the BS equal to 45 mt
of Pacific cod in the BS. The Council
and its Plan Team, SSC, and AP
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recommended that the sum of all State
and Federal waters Pacific cod removals
from the BS not exceed the ABC
recommendations for Pacific cod in the
BS. Accordingly, the Council
recommended, and NMFS proposes,
that the 2024 and 2025 Pacific cod TACs
in the BS account for the State’s GHLs
(total 16,864 mt) for Pacific cod caught
in State waters in the BS.
For 2024 and 2025, the BOF for the
State established the GHL in State
waters in the AI be equal to 39 percent
of the AI ABC. The AI GHL will increase
annually by 4 percent of the AI ABC if
90 percent of the GHL is harvested by
November 15 of the preceding year but
may not exceed 39 percent of the AI
ABC or 15 million pounds (lbs) (6,804
mt). If 90 percent of the GHL is not
harvested by November 15 of the
preceding year for two consecutive
years, the GHL will decrease by 4
percent, but the GHL may not decrease
below 15 percent of the AI ABC. Based
on harvest in 2022 and 2023, the GHL
likely will decrease to 35 percent in
2024. NMFS will account for any
adjustment to the GHL in the final 2024
and 2025 harvest specifications. For
2024 and 2025, 39 percent of the
proposed AI ABC is 5,387 mt. The
Council and its Plan Team, SSC, and AP
recommended that the sum of all State
and Federal Pacific cod removals from
the AI not exceed the ABC
recommendations for Pacific cod in the
AI.
Accordingly, the Council
recommended, and NMFS proposes,
that the 2024 and 2025 Pacific cod TACs
in the AI account for the State’s GHL for
Pacific cod caught in State waters in the
AI.
Proposed ABC and TAC Harvest
Specifications
In October 2023, the Council’s SSC,
its AP, and the Council reviewed the
most recent biological and harvest
information on the condition of the
BSAI groundfish stocks. The Plan Team
compiled and presented this
information in the final 2022 SAFE
report for the BSAI groundfish fisheries,
dated November 2022 (see ADDRESSES).
The final 2023 SAFE report, including
individual stock assessments, will be
available from the same source and from
https://www.fisheries.noaa.gov/alaska/
population-assessments/north-pacificgroundfish-stock-assessment-andfishery-evaluation.
The proposed 2024 and 2025 harvest
specifications are based on the final
2024 harvest specifications published in
March 2023 (88 FR 14926, March 10,
2023), which were set after
consideration of the most recent 2022
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SAFE report and are based on the initial
survey data that were presented at the
September 2023 Plan Team meeting.
The SAFE report contains a review of
the latest scientific analyses and
estimates of each species’ biomass and
other biological parameters including
possible future condition of the stocks,
as well as summaries of the available
information on the BS and AI
ecosystems and the economic condition
of the groundfish fisheries off Alaska.
The SAFE report provides information
to the Council and NMFS for
recommending and setting, respectively,
annual harvest levels for each stock,
documenting significant trends or
changes in the resource, marine
ecosystems, and fisheries over time, and
assessing the relative success of existing
Federal fishery management programs.
An appendix to the SAFE report is the
Ecosystem Status Reports (ESRs). The
ESRs compile and summarize
information about the status of the
Alaska marine ecosystems for the SSC,
AP, Council, NMFS, and the public, and
they are updated annually. These ESRs
include ecosystem report cards,
ecosystem assessments, and ecosystem
status indicators (i.e., climate indices,
sea surface temperature), which together
provide context for ecosystem-based
fisheries management in Alaska. The
ESRs inform stock assessments and are
integrated in the annual harvest
recommendations through inclusion in
stock assessment-specific risk tables.
Also, the ESRs provide context for the
SSC’s recommendations for overfishing
levels (OFL) and ABCs, as well as for
the Council’s TAC recommendations.
The SAFE reports and the ESRs are
presented at the October and December
Council meetings before the SSC, AP,
and the Council make groundfish
harvest recommendations and aid
NMFS in implementing these annual
groundfish harvest specifications.
In addition to the 2022 SAFE report,
the Plan Team, SSC, and Council also
reviewed preliminary survey data from
2023 surveys, updates on ecological and
socioeconomic profiles for certain
species, and summaries of potential
changes to models and methodologies.
From these data and analyses, the Plan
Team recommends, and the SSC sets,
the proposed OFL and ABC for each
species and species group. The
proposed 2024 and 2025 harvest
specifications in this action are subject
to change in the final harvest
specifications to be published by NMFS
following the Council’s December 2023
meeting.
In November 2023, the Plan Team
will update the 2022 SAFE report to
include new information collected
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during 2023, such as NMFS stock
surveys, revised stock assessments, and
catch data. The Plan Team will compile
this information and present the draft
2023 SAFE report at the December 2023
Council meeting. At that meeting, the
SSC and the Council will review the
2023 SAFE report, and the Council will
approve the 2023 SAFE report. The
Council will consider information in the
2023 SAFE report, recommendations
from the November 2023 Plan Team
meeting and December 2023 SSC and
AP meetings, public testimony, and
relevant written comments in making its
recommendations for the final 2024 and
2025 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.
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 or the models’ results used for
producing stock assessments. Any
changes to models used in stock
assessments will be recommended by
the Plan Team in November 2023,
reviewed by the SSC in December 2023,
and then included in the final 2023
SAFE report. Model changes can result
in changes to final OFLs, ABCs, and
TACs. The final 2023 SAFE report will
include the most recent information
(e.g., catch data).
The final harvest specification
amounts for these stocks are not
expected to significantly vary from these
proposed harvest specification amounts.
If the 2023 SAFE report indicates that
the stock biomass trend is increasing for
a species, then the final 2024 and 2025
harvest specifications may reflect an
increase from the proposed harvest
specifications. Conversely, if the 2023
SAFE report indicates that the stock
biomass trend is decreasing for a
species, then the final 2024 and 2025
harvest specifications may reflect a
decrease from the proposed harvest
specifications. In addition to changes
driven by biomass trends, there may be
changes in TACs due to the sum of
ABCs exceeding 2 million mt. Since the
regulations require the sum of all TACs
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to be set to an OY between 1.4 and 2
million mt, the Council may be required
to recommend TACs that are lower than
the ABCs recommended by the Plan
Team and the SSC, if setting all TACs
equal to ABCs would cause the sum of
TACs to exceed an OY of 2 million mt.
Generally, total ABCs greatly exceed 2
million mt in years with a large pollock
biomass. For both 2024 and 2025, NMFS
anticipates that the sum of the final
ABCs will exceed 2 million mt.
Historically, the sum of the final TACs
has been close to or equal to 2 million
mt.
The proposed 2024 and 2025 OFLs
and ABCs are based on the best
available biological and scientific
information, including projected
biomass trends, information on assumed
distribution of stock biomass, and
revised technical methods used to
calculate stock biomass. The FMP
specifies a series of six tiers to define
OFLs and ABCs based on the level of
reliable information available to fishery
scientists. Tier 1 represents the highest
level of information quality available,
while Tier 6 represents the lowest. The
proposed 2024 and 2025 TACs are based
on the best available biological and
socioeconomic information.
In October 2023, the SSC adopted the
proposed 2024 and 2025 OFLs and
ABCs recommended by the Plan Team
for all groundfish. In making its
recommendations, the Council adopted
the SSC’s OFL and ABC
recommendations. The OFL and ABC
amounts are unchanged from the final
2024 harvest specifications published in
the Federal Register on March 10, 2023
(88 FR 14926) (see also a correction at
88 FR 18258, March 28, 2023). The sum
of the proposed 2024 and 2025 ABCs for
all assessed groundfish is 3,569,366 mt.
The sum of the proposed TACs is
2,000,000 mt.
Specification and Apportionment of
TAC Amounts
The Council recommended proposed
2024 and 2025 TACs that are equal to
the proposed ABCs for 2024 and 2025
BS and AI Greenland turbot, BSAI
Kamchatka flounder, Central AI Atka
mackerel, BS Pacific ocean perch,
Central AI Pacific ocean perch, Eastern
AI Pacific ocean perch, BS and Eastern
AI (BS/EAI) blackspotted and rougheye
rockfish, Central AI and Western AI
blackspotted and rougheye rockfish, BS
and AI shortraker rockfish, and BS and
AI ‘‘other rockfish.’’ The Council
recommended proposed TACs less than
the respective proposed ABCs for all
other species. TACs for some species are
reduced so that the overall TAC does
not exceed the BSAI OY.
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The proposed groundfish OFLs,
ABCs, and TACs are subject to change
pending the completion of the final
2023 SAFE report, public comment, and
the Council’s recommendations for the
final 2024 and 2025 harvest
specifications during its December 2023
meeting. These proposed amounts are
consistent with the biological condition
of groundfish stocks as described in the
2022 SAFE report. The proposed ABCs
reflect harvest amounts that are less
than the specified overfishing levels.
The proposed TACs have been adjusted
for other biological information and
socioeconomic considerations,
including maintaining the entire TAC
within the required OY range. Pursuant
to Section 3.2.3.4.1 of the FMP, the
Council could recommend adjusting the
final TACs ‘‘if warranted on the basis of
bycatch considerations, management
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uncertainty, or socioeconomic
considerations; or if required in order to
cause the sum of the TACs to fall within
the OY range.’’ Table 1 lists the
proposed 2024 and 2025 OFL, ABC,
TAC, initial TAC (ITAC), and CDQ
amounts for groundfish for the BSAI.
The proposed apportionment of TAC
amounts among fisheries and seasons is
discussed below.
TABLE 1—PROPOSED 2024 AND 2025 OVERFISHING LEVEL (OFL), ACCEPTABLE BIOLOGICAL CATCH (ABC), TOTAL
ALLOWABLE CATCH (TAC), INITIAL TAC (ITAC), AND CDQ RESERVE ALLOCATION OF GROUNDFISH IN THE BSAI 1
[Amounts are in metric tons]
Proposed 2024 and 2025
Species
Area
OFL
Pollock 4 ......................................................................
ABC
TAC
ITAC 2
Nonspecified
reserves
Skates .........................................................................
Sharks ........................................................................
Octopuses ..................................................................
BS .........................
AI ..........................
Bogoslof ...............
BS .........................
AI ..........................
Alaska-wide ..........
BS .........................
AI ..........................
BSAI .....................
BSAI .....................
BS .........................
AI ..........................
BSAI .....................
BSAI .....................
BSAI .....................
BSAI .....................
BSAI .....................
BSAI .....................
BSAI .....................
BS .........................
EAI ........................
CAI .......................
WAI .......................
BSAI .....................
BSAI .....................
BS/EAI ..................
CAI/WAI ................
BSAI .....................
BSAI .....................
BS .........................
AI ..........................
BSAI .....................
EAI/BS ..................
CAI .......................
WAI .......................
BSAI .....................
BSAI .....................
BSAI .....................
4,639,000
52,043
115,146
166,814
18,416
48,561
n/a
n/a
495,155
3,947
n/a
n/a
103,070
8,776
196,011
81,167
43,328
22,919
49,279
n/a
n/a
n/a
n/a
22,105
763
n/a
n/a
706
1,680
n/a
n/a
101,188
n/a
n/a
n/a
44,168
689
4,769
2,275,000
43,092
86,360
140,159
13,812
41,539
10,185
10,308
462,890
3,364
2,836
528
87,511
7,435
119,969
66,927
36,021
17,189
41,322
11,700
8,013
5,551
16,058
18,135
570
388
182
530
1,260
880
380
86,464
37,958
15,218
33,288
36,837
450
3,576
1,302,000
19,000
300
123,295
8,425
n/a
9,676
9,793
230,656
3,364
2,836
528
15,000
7,435
66,000
35,500
18,000
4,500
38,264
11,700
8,013
5,551
13,000
11,000
570
388
182
530
1,260
880
380
66,855
30,000
15,218
21,637
27,927
250
400
1,171,800
17,100
300
110,102
7,524
n/a
4,112
2,081
205,976
2,859
2,411
449
12,750
6,320
58,938
31,702
15,300
3,825
33,667
9,945
7,156
4,957
11,609
9,350
485
330
155
451
1,071
748
323
59,702
26,790
13,590
19,322
23,738
213
340
130,200
1,900
....................
13,193
901
n/a
1,330
1,653
24,680
n/a
303
....................
1,605
....................
7,062
3,799
....................
....................
n/a
....................
857
594
1,391
....................
....................
....................
....................
....................
....................
....................
....................
7,153
3,210
1,628
2,315
....................
....................
....................
........................
........................
........................
........................
........................
........................
363
184
........................
........................
122
79
645
1,115
........................
........................
2,700
675
........................
1,755
........................
........................
........................
1,650
86
58
27
80
189
132
57
........................
........................
........................
........................
4,189
38
60
Total ....................................................................
BSAI .....................
6,219,700
3,569,366
2,000,000
1,779,703
196,622
13,929
Pacific cod 5 ................................................................
Sablefish 6 ...................................................................
Yellowfin sole .............................................................
Greenland turbot ........................................................
Arrowtooth flounder ....................................................
Kamchatka flounder ...................................................
Rock sole 7 .................................................................
Flathead sole 8 ............................................................
Alaska plaice ..............................................................
Other flatfish 9 .............................................................
Pacific Ocean perch ...................................................
Northern rockfish ........................................................
Blackspotted /Rougheye rockfish 10 ...........................
Shortraker rockfish .....................................................
Other rockfish 11 .........................................................
Atka mackerel .............................................................
1 These
khammond on DSKJM1Z7X2PROD with PROPOSALS
CDQ 3 4
amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these harvest specifications, the Bering Sea subarea (BS) includes the Bogoslof District.
2 Except for pollock, the portion of the sablefish TAC allocated to fixed gear, and the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole,
Pacific cod, and Aleutian Islands (AI) Pacific ocean perch), 15 percent of each TAC is put into a nonspecified reserve. The ITAC for these species is the remainder of
the TAC after subtraction of the reserves. For pollock and Amendment 80 species, ITAC is the non-CDQ allocation of TAC (see footnote 3 and 4).
3 For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and AI Pacific ocean perch), 10.7 percent of the TAC is reserved for use by CDQ participants (see § 679.20(b)(1)(ii)(C)). Twenty percent of the sablefish TAC allocated to fixed gear, 7.5 percent of the sablefish TAC allocated
to trawl gear, and 10.7 percent of the TACs for BS Greenland turbot and BSAI arrowtooth flounder are reserved for use by CDQ participants (see § 679.20(b)(1)(ii)(B)
and (D)). The 2025 fixed gear portion of the sablefish ITAC and CDQ reserve will not be specified until the final 2025 and 2026 harvest specifications. AI Greenland
turbot, ‘‘other flatfish,’’ Alaska plaice, BS Pacific ocean perch, Kamchatka flounder, northern rockfish, shortraker rockfish, blackspotted and rougheye rockfish, ‘‘other
rockfish,’’ skates, sharks, and octopuses are not allocated to the CDQ Program.
4 Under § 679.20(a)(5)(i)(A), the annual BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second for the incidental
catch allowance (50,000 mt), is further allocated by sector for a pollock directed fishery as follows: inshore—50 percent; catcher/processor—40 percent; and
motherships—10 percent. Section 679.20(a)(5)(iii)(B)(1) requires the AI pollock TAC to be set at 19,000 mt when the AI pollock ABC equals or exceeds 19,000 mt.
Under § 679.20(a)(5)(iii)(B)(2), the annual AI pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second for the incidental
catch allowance (3,420 mt), is allocated to the Aleut Corporation for a pollock directed fishery. The Bogoslof pollock TAC is set to accommodate incidental catch
amounts.
5 The proposed BS Pacific cod TAC is set to account for 12 percent, plus 45 mt, of the BS ABC for the State of Alaska’s (State) guideline harvest level in State
waters of the BS. The proposed AI Pacific cod TAC is set to account for 39 percent (5,387 mt) of the AI ABC for the State guideline harvest level in State waters of
the AI.
6 The sablefish OFL and ABC are Alaska-wide and include the Gulf of Alaska. The Alaska-wide sablefish OFL and ABC are included in the total OFL and ABC. The
BS and AI sablefish TACs are set to account for the 5 percent of the BS and AI ABC for the State of Alaska’s (State) guideline harvest level in State waters of the BS
and AI.
7 ‘‘Rock sole’’ includes Lepidopsetta polyxystra (Northern rock sole).
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8 ‘‘Flathead
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sole’’ includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
9 ‘‘Other flatfish’’ includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot,
Kamchatka flounder, rock sole, and yellowfin sole.
10 ‘‘Blackspotted/Rougheye rockfish’’ includes Sebastes melanostictus (blackspotted) and Sebastes aleutianus (rougheye).
11 ‘‘Other rockfish’’ includes all Sebastes and Sebastolobus species except for Pacific ocean perch, dark rockfish, northern rockfish, shortraker rockfish, and
blackspotted/rougheye rockfish.
Note: Regulatory areas and districts are defined at § 679.2 (BSAI = Bering Sea and Aleutian Islands management area, BS = Bering Sea subarea, AI = Aleutian Islands subarea, EAI = Eastern Aleutian district, CAI = Central Aleutian district, WAI = Western Aleutian district.)
Groundfish Reserves and the Incidental
Catch Allowance (ICA) for Pollock, Atka
Mackerel, Flathead Sole, Rock Sole,
Yellowfin Sole, and AI Pacific Ocean
Perch
Section 679.20(b)(1)(i) requires NMFS
to reserve 15 percent of the TAC for
each target species category (except for
pollock, fixed gear allocation of
sablefish, and Amendment 80 species)
in a nonspecified reserve. Section
679.20(b)(1)(ii)(B) requires that NMFS
allocate 20 percent of the fixed gear
allocation of sablefish to the fixed gear
sablefish CDQ reserve for each subarea.
Section 679.20(b)(1)(ii)(D) requires that
NMFS allocate 7.5 percent of the trawl
gear allocation of sablefish for each
subarea and 10.7 percent of BS
Greenland turbot and BSAI arrowtooth
flounder TACs to the respective CDQ
reserves. Section 679.20(b)(1)(ii)(C)
requires that NMFS allocate 10.7
percent of the TACs for Atka mackerel,
AI Pacific ocean perch, yellowfin sole,
rock sole, flathead sole, and Pacific cod
(the Amendment 80 allocated species)
to the respective CDQ reserves.
Sections 679.20(a)(5)(i)(A) and
679.31(a) require allocation of 10
percent of the BS pollock TAC to the
pollock CDQ directed fishing allowance
(DFA). Sections 679.20(a)(5)(iii)(B)(2)(i)
and 679.31(a) require 10 percent of the
AI pollock TAC be allocated to the
pollock CDQ DFA. The entire Bogoslof
District pollock TAC is allocated as an
incidental catch allowance (ICA)
pursuant to § 679.20(a)(5)(ii) because the
Bogoslof District is closed to directed
fishing for pollock by regulation
(§ 679.22(a)(7)(B)). With the exception of
the fixed gear sablefish CDQ reserve, the
regulations do not further apportion the
CDQ reserves by gear.
Pursuant to § 679.20(a)(5)(i)(A)(1),
NMFS proposes a pollock ICA of 50,000
mt of the BS pollock TAC after
subtracting the 10 percent CDQ DFA.
This allowance is based on NMFS’s
examination of the pollock incidentally
retained and discarded catch, including
the incidental catch by CDQ vessels, in
target fisheries other than pollock from
2000 through 2023. During this 24-year
period, the pollock incidental catch
ranged from a low of 2.2 percent in 2006
to a high of 4.6 percent in 2014, with a
23-year average of 3 percent. Pursuant to
§ 679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS
proposes a pollock ICA of 20 percent or
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3,420 mt of the AI pollock TAC after
subtracting the 10 percent CDQ DFA.
This allowance is based on NMFS’s
examination of the pollock incidental
catch, including the incidental catch by
CDQ vessels, in target fisheries other
than pollock from 2003 through 2023.
During this 21-year period, the
incidental catch of pollock ranged from
a low of 5 percent in 2015 to a high of
20 percent in 2023, with a 10-year
average of 12 percent in the most recent
ten years.
After subtracting the 10.7 percent
CDQ reserve and pursuant to
§ 679.20(a)(8) and (10), NMFS proposes
ICAs of 3,000 mt of flathead sole, 6,000
mt of rock sole, 4,000 mt of yellowfin
sole, 10 mt of Western Aleutian district
Pacific ocean perch, 60 mt of Central
Aleutian district Pacific ocean perch,
100 mt of Eastern Aleutian district
Pacific ocean perch, 20 mt of Western
Aleutian district Atka mackerel, 75 mt
of Central Aleutian district Atka
mackerel, and 800 mt of Eastern
Aleutian district and BS Atka mackerel.
These ICAs are based on NMFS’s
examination of the incidental catch in
other target fisheries from 2003 through
2023.
The regulations do not designate the
remainder of the nonspecified reserve
by species or species group. Any
amount of the reserve may be
apportioned to a target species that
contributed to the nonspecified reserve
during the year, provided that such
apportionments are consistent with
§ 679.20(a)(3) and do not result in
overfishing (see § 679.20(b)(1)(i)). In the
final 2024 and 2025 harvest
specifications, NMFS will evaluate
whether any apportionments are
necessary and may apportion from the
nonspecified reserve to increase the
ITAC for any target species that
contributed to the reserve.
Allocations of Pollock TAC Under the
American Fisheries Act (AFA)
Section 679.20(a)(5)(i)(A) requires that
BS pollock TAC be apportioned as a
DFA, after subtracting 10 percent for the
CDQ Program and 50,000 for the ICA, as
follows: 50 percent to the inshore sector,
40 percent to the catcher/processor (CP)
sector, and 10 percent to the mothership
sector. In the BS, 45 percent of the DFAs
are allocated to the A season (January 20
to June 10), and 55 percent of the DFAs
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are allocated to the B season (June 10 to
November 1) (§§ 679.20(a)(5)(i)(B)(1)
and 679.23(e)(2)). The AI directed
pollock fishery allocation to the Aleut
Corporation is the amount of pollock
TAC remaining in the AI after
subtracting 1,900 mt for the CDQ DFA
(10 percent), and 3,420 mt for the ICA
(§ 679.20(a)(5)(iii)(B)(2)). In the AI, the
total A season apportionment of the
pollock TAC (including the AI directed
fishery allocation, the CDQ DFA, and
the ICA) may not exceed 40 percent of
the ABC for AI pollock, and the
remainder of the pollock TAC is
allocated to the B season
(§ 679.20(a)(5)(iii)(B)(3)). Table 2 lists
these proposed 2024 and 2025 amounts.
Within any fishing year, any under
harvest or over harvest of a seasonal
allowance may be added to or
subtracted from a subsequent seasonal
allowance (§§ 679.20(a)(5)(i)(B)(2) and
679.20(a)(5)(iii)(B)(3)(iii)).
Section 679.20(a)(5)(iii)(B)(6) sets
harvest limits for pollock in the A
season (January 20 to June 10) in Areas
543, 542, and 541. In Area 543, the A
season pollock harvest limit is no more
than 5 percent of the AI pollock ABC.
In Area 542, the A season pollock
harvest limit is no more than 15 percent
of the AI pollock ABC. In Area 541, the
A season pollock harvest limit is no
more than 30 percent of the AI pollock
ABC.
Section 679.20(a)(5)(i)(A)(4) includes
several specific requirements regarding
BS pollock allocations. First, it requires
that 8.5 percent of the pollock allocated
to the CP sector be available for harvest
by American Fisheries Act (AFA) CVs
with CP sector endorsements, unless the
Regional Administrator receives a
cooperative contract that allows the
distribution of harvest among AFA CPs
and AFA CVs in a manner agreed to by
all members. Second, AFA CPs not
listed in the AFA are limited to
harvesting no more than 0.5 percent of
the pollock allocated to the CP sector.
Table 2 lists the proposed 2024 and
2025 allocations of pollock TAC. Tables
14, 15, and 16 list the AFA CP and CV
harvesting sideboard limits. The BS
inshore pollock cooperative and open
access sector allocations are based on
the submission of AFA inshore
cooperative applications due to NMFS
on December 1 of each calendar year.
Because AFA inshore cooperative
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applications for 2024 have not been
submitted to NMFS, and NMFS
therefore cannot calculate 2024
allocations, NMFS has not included
inshore cooperative tables in these
proposed harvest specifications. NMFS
will post the 2024 AFA inshore pollock
cooperative and open access sector
allocations on the Alaska Region
website at https://
www.fisheries.noaa.gov/alaska/
sustainable-fisheries/alaska-fisheriesmanagement-reports prior to the start of
the fishing year on January 1, 2024,
based on the harvest specifications
effective on that date.
Table 2 lists proposed seasonal
apportionments of pollock and harvest
limits within the Steller Sea Lion
Conservation Area (SCA). The harvest of
84283
pollock within the SCA, as defined at
§ 679.22(a)(7)(vii), is limited to no more
than 28 percent of the annual pollock
DFA before 12 p.m. (noon), April 1, as
provided in § 679.20(a)(5)(i)(C). The A
season pollock SCA harvest limit will be
apportioned to each sector in proportion
to each sector’s allocated percentage of
the DFA.
TABLE 2—PROPOSED 2024 AND 2025 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO
THE CDQ DIRECTED FISHING ALLOWANCES (DFA) 1
[Amounts are in metric tons]
A season 1
2024 and 2025
Allocations
Area and sector
Bering Sea subarea TAC ......................................................................................
CDQ DFA ...............................................................................................................
ICA 1 .......................................................................................................................
Total Bering Sea DFA (non-CDQ) .........................................................................
AFA Inshore ...........................................................................................................
AFA Catcher/Processors 3 .....................................................................................
Catch by CPs .................................................................................................
Catch by CVs 3 ...............................................................................................
Unlisted CP Limit 4 ..........................................................................................
AFA Motherships ...................................................................................................
Excessive Harvesting Limit 5 ..................................................................................
Excessive Processing Limit 6 .................................................................................
Aleutian Islands subarea ABC ...............................................................................
Aleutian Islands subarea TAC ...............................................................................
CDQ DFA ...............................................................................................................
ICA .........................................................................................................................
Aleut Corporation ...................................................................................................
Area harvest limit 7 .................................................................................................
541 ..................................................................................................................
542 ..................................................................................................................
543 ..................................................................................................................
Bogoslof District ICA 8 ............................................................................................
A season
DFA
1,302,000
130,200
50,000
1,121,800
560,900
448,720
410,579
38,141
2,244
112,180
196,315
336,540
43,092
19,000
1,900
3,420
13,680
n/a
12,928
6,464
2,155
300
n/a
58,590
n/a
504,810
252,405
201,924
184,760
17,164
1,010
50,481
n/a
n/a
n/a
n/a
1,894
1,710
13,633
n/a
n/a
n/a
n/a
n/a
B season 1
SCA harvest
limit 2
n/a
36,456
n/a
314,104
157,052
125,642
n/a
n/a
n/a
31,410
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
B season
DFA
n/a
71,610
n/a
616,990
308,495
246,796
225,818
20,978
1,234
61,699
n/a
n/a
n/a
n/a
6
1,710
47
n/a
n/a
n/a
n/a
n/a
1 Pursuant to § 679.20(a)(5)(i)(A), the annual Bering Sea subarea pollock TAC, after subtracting the CDQ DFA (10 percent) and the ICA
(50,000 mt), is allocated as a DFA as follows: inshore sector—50 percent, catcher/processor sector (CPs)—40 percent, and mothership sector—
10 percent. In the Bering Sea subarea, 45 percent of the DFA and CDQ DFA are allocated to the A season (January 20–June 10) and 55 percent of the DFA and CDQ DFA are allocated to the B season (June 10–November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2), the annual Aleutian Islands subarea pollock TAC, after subtracting first for the CDQ DFA (10 percent) and second for the ICA (3,420 mt), is allocated to the Aleut Corporation for a directed pollock fishery. In the Aleutian Islands subarea, the A season is allocated up to 40 percent of the AI pollock ABC.
2 In the Bering Sea subarea, pursuant to § 679.20(a)(5)(i)(C), no more than 28 percent of each sector’s annual DFA may be taken from the
SCA before noon, April 1. The SCA is defined at § 679.22(a)(7)(vii).
3 Pursuant to § 679.20(a)(5)(i)(A)(4), 8.5 percent of the DFA allocated to listed CPs shall be available for harvest only by eligible catcher vessels with a CP endorsement delivering to listed CPs, unless there is a cooperative contract for the year.
4 Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted CPs are limited to harvesting not more than 0.5 percent of the C/P sector’s allocation
of pollock.
5 Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ
pollock DFAs.
6 Pursuant to § 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30 percent of the sum of the non-CDQ
pollock DFAs.
7 Pursuant to § 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in Area 541 no more than 30 percent, in
Area 542 no more than 15 percent, and in Area 543 no more than 5 percent of the Aleutian Islands pollock ABC.
8 Pursuant to § 679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The amounts specified are for incidental catch
only and are not apportioned by season or sector.
khammond on DSKJM1Z7X2PROD with PROPOSALS
Allocation of the Atka Mackerel TACs
Section 679.20(a)(8) allocates the Atka
mackerel TACs to the Amendment 80
and BSAI trawl limited access sectors,
after subtracting the CDQ reserves, ICAs
for the BSAI trawl limited access sector
and non-trawl gear sector, and the jig
gear allocation (table 3). The percentage
of the ITAC for Atka mackerel allocated
to the Amendment 80 and BSAI trawl
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limited access sectors is listed in table
33 to 50 CFR part 679 and in § 679.91.
Pursuant to § 679.20(a)(8)(i), up to 2
percent of the Eastern Aleutian district
and BS subarea Atka mackerel TAC may
be allocated to vessels using jig gear.
The percent of this allocation is
recommended annually by the Council
based on several criteria, including the
anticipated harvest capacity of the jig
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gear fleet. The Council recommended,
and NMFS proposes, a 0.5 percent
allocation of the Atka mackerel TAC in
the Eastern Aleutian district and BS
subarea to the jig sector gear in 2024 and
2025.
Section 679.20(a)(8)(ii)(A) apportions
the Atka mackerel TAC, after
subtraction of the jig gear allocation,
into two equal seasonal allowances.
Section 679.23(e)(3) sets the first
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seasonal allowance for directed fishing
with trawl gear from January 20 through
June 10 (A season), and the second
seasonal allowance from June 10
through December 31 (B season).
Section 679.23(e)(4)(iii) applies Atka
mackerel seasons to trawl CDQ Atka
mackerel fishing. Within any fishing
year, any under harvest or over harvest
of a seasonal allowance may be added
to or subtracted from a subsequent
seasonal allowance
(§ 679.20(a)(8)(ii)(B)). The ICA and jig
gear allocations are not apportioned by
season.
Sections 679.20(a)(8)(ii)(C)(1)(i) and
(ii) limit Atka mackerel catch within
waters 0 nautical miles (nmi) to 20 nmi
of Steller sea lion sites listed in table 6
to 50 CFR part 679 and located west of
178° W longitude to no more than 60
percent of the annual TACs in Areas 542
and 543, and equally divides that
annual harvest limit between the A and
B seasons as defined at § 679.23(e)(3).
Section 679.20(a)(8)(ii)(C)(2) requires
that the annual TAC in Area 543 will be
no more than 65 percent of the ABC in
Area 543. Section 679.20(a)(8)(ii)(D)
requires that any unharvested Atka
mackerel A season allowance that is
added to the B season be prohibited
from being harvested within waters 0–
20 nmi of Steller sea lion sites listed in
table 6 to 50 CFR part 679 and located
in Areas 541, 542, and 543.
Table 3 lists the proposed 2024 and
2025 Atka mackerel season allowances,
area allowances, and the sector
allocations. One Amendment 80
cooperative has been formed for the
2024 fishing year. Because all
Amendment 80 vessels are part of the
sole cooperative, no allocation to the
Amendment 80 limited access sector is
required for 2024. The 2025 allocations
for Atka mackerel between Amendment
80 cooperatives and the Amendment 80
limited access sector will not be known
until eligible participants apply for
participation in the program by
November 1, 2024. NMFS will post the
2025 Amendment 80 cooperatives and
Amendment 80 limited access sector
allocations on the Alaska Region
website at https://
www.fisheries.noaa.gov/alaska/
sustainable-fisheries/sustainablefisheries-alaska prior to the start of the
fishing year on January 1, 2025, based
on the harvest specifications effective
on that date.
TABLE 3—PROPOSED 2024 AND 2025 SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, CDQ RESERVE,
INCIDENTAL CATCH ALLOWANCE (ICA), AND AMENDMENT 80 ALLOCATIONS OF THE BSAI ATKA MACKEREL TAC
[Amounts are in metric tons]
2024 and 2025 Allocation by area
Sector 1
Season 2 3 4
TAC ........................................................................
CDQ reserve ..........................................................
n/a ...................................
Total ................................
A ......................................
Critical habitat 5 ...............
B ......................................
Critical habitat 5 ...............
n/a ...................................
Total ................................
Total ................................
Total ................................
A ......................................
Critical habitat 5 ...............
B ......................................
Critical habitat 5 ...............
Total ................................
A ......................................
Critical habitat 5 ...............
B ......................................
Critical habitat 5 ...............
non-CDQ TAC ........................................................
ICA ..........................................................................
Jig 6 .........................................................................
BSAI trawl limited access .......................................
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Amendment 80 7 .....................................................
Eastern Aleutian
district/Bering Sea
30,000
3,210
1,605
n/a
1,605
n/a
26,790
800
130
2,586
1,293
n/a
1,293
n/a
23,274
11,637
n/a
11,637
n/a
Central Aleutian
district 5
Western Aleutian
district 5
15,218
1,628
814
488
814
488
13,590
75
................................
1,351
676
405
676
405
12,163
6,082
3,649
6,082
3,649
21,637
2,315
1,158
695
1,158
695
19,322
20
................................
................................
................................
................................
................................
................................
19,302
9,651
5,791
9,651
5,791
1 Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and the jig gear allocation, to the
Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited
access sectors is established in table 33 to 50 CFR part 679 and § 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see § 679.20(b)(1)(ii)(C)).
2 Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery.
3 The seasonal allowances of Atka mackerel for the CDQ reserve, BSAI trawl limited access sector, and Amendment 80 sector are 50 percent
in the A season and 50 percent in the B season.
4 Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from January 20 to June 10, and the B
season from June 10 to December 31.
5 Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to be caught inside of Steller sea
lion critical habitat; section 679.20(a)(8)(ii)(C)(1)(ii) equally divides the annual harvest limit between the A and B seasons as defined at
§ 679.23(e)(3); and § 679.20(a)(8)(ii)(C)(2) requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
6 Sections 679.2 and 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian District and Bering Sea subarea TAC be allocated to
jig gear after subtraction of the CDQ reserve and ICA. The proposed amount of this allocation is 0.5 percent. The jig gear allocation is not apportioned by season.
7 The 2025 allocations for Atka mackerel between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known
until eligible participants apply for participation in the program by November 1, 2024.
Allocation of the Pacific Cod TAC
The Council separated the BSAI OFL,
ABC, and TAC into BS and AI subarea
OFLs, ABCs, and TACs for Pacific cod
VerDate Sep<11>2014
16:10 Dec 04, 2023
Jkt 262001
in 2014 (79 FR 12108, March 4, 2014).
Section 679.20(b)(1)(ii)(C) allocates 10.7
percent of the BS TAC and the AI TAC
to the CDQ Program. After CDQ
allocations have been deducted from the
PO 00000
Frm 00036
Fmt 4702
Sfmt 4702
respective BS and AI Pacific cod TACs,
the remaining BS and AI Pacific cod
TACs are combined for calculating
further BSAI Pacific cod sector
allocations and seasonal allowances. If
E:\FR\FM\05DEP1.SGM
05DEP1
Federal Register / Vol. 88, No. 232 / Tuesday, December 5, 2023 / Proposed Rules
khammond on DSKJM1Z7X2PROD with PROPOSALS
the non-CDQ Pacific cod TAC is or will
be reached in either the BS or the AI
subareas, NMFS will prohibit directed
fishing for non-CDQ Pacific cod in that
subarea, as provided in
§ 679.20(d)(1)(iii).
Section 679.20(a)(7)(ii) allocates to the
non-CDQ sectors the combined BSAI
Pacific cod TAC, after subtracting 10.7
percent for the CDQ Program, as
follows: 1.4 percent to vessels using jig
gear, 2.0 percent to hook-and-line or pot
CVs less than 60 feet (ft) (18.3 meters
(m)) length overall (LOA), 0.2 percent to
hook-and-line CVs greater than or equal
to 60 ft (18.3 m) LOA, 48.7 percent to
hook-and-line CPs, 8.4 percent to pot
CVs greater than or equal to 60 ft (18.3
m) LOA, 1.5 percent to pot CPs, 2.3
percent to AFA trawl CPs, 13.4 percent
to the Amendment 80 sector, and 22.1
percent to trawl CVs. The BSAI ICA for
the hook-and-line and pot sectors will
be deducted from the aggregate portion
of BSAI Pacific cod TAC allocated to the
hook-and-line and pot sectors. For 2024
and 2025, the Regional Administrator
proposes a BSAI ICA of 500 mt, based
on anticipated incidental catch by these
sectors in other fisheries. During the
fishing year, NMFS may reallocate
unharvested Pacific cod among sectors,
consistent with the reallocation
hierarchy set forth at § 679.20(a)(7)(iii).
The BSAI ITAC allocation of Pacific
cod to the Amendment 80 sector is
established in table 33 to 50 CFR part
679 and § 679.91. One Amendment 80
cooperative has been formed for the
2024 fishing year. Because all
Amendment 80 vessels are part of the
sole cooperative, no allocation to the
Amendment 80 limited access sector is
required for 2024. The 2025 allocations
for Pacific cod between Amendment 80
cooperatives and the Amendment 80
limited access sector will not be known
until eligible participants apply for
participation in the program by
November 1, 2024. NMFS will post the
2025 Amendment 80 cooperatives and
Amendment 80 limited access fishery
allocations on the Alaska Region
website at https://
www.fisheries.noaa.gov/alaska/
sustainable-fisheries/sustainablefisheries-alaska prior to the start of the
fishing year on January 1, 2025, based
on the harvest specifications effective
on that date.
The BSAI ITAC allocation of Pacific
cod to the PCTC Program is established
in § 679.131(b). Section 679.131(b)(1)(i)
also requires NMFS to establish an ICA
for incidental catch of Pacific cod by
trawl CVs engaged in directed fishing
for groundfish other than PCTC Program
Pacific cod. In the annual harvest
specification process, NMFS determines
the Pacific cod trawl catcher vessel TAC
and the annual apportionment of Pacific
cod in the A and B seasons between the
PCTC Program DFA and the ICA
(§ 679.131(b)(2)) (Table 4 below). The
allocations to PCTC Program
cooperatives are not included in these
proposed harvest specifications. PCTC
Program cooperative applications are
not due to NMFS until November 1,
2023; therefore, NMFS cannot calculate
2024 and 2025 allocations in
conjunction with these proposed
harvest specifications (§ 679.131(b)).
After receiving the PCTC Program
applications, NMFS will calculate the
2024 and 2025 allocations for PCTC
Program cooperatives, as set forth in in
§ 679.131(b). NMFS will post the 2024
PCTC Program cooperative allocations
on the Alaska Region website at https://
www.fisheries.noaa.gov/alaska/
sustainable-fisheries/alaska-fisheriesmanagement-reports prior to the start of
the fishing year on January 1, 2024,
based on the harvest specifications
effective on that date. The 2025
allocations for Pacific cod for PCTC
Program cooperatives will not be known
until eligible participants apply for
participation in the program by
November 1, 2024.
The sector allocations of Pacific cod
are apportioned into seasonal
allowances to disperse the Pacific cod
fisheries over the fishing year (see
§§ 679.20(a)(7)(i)(B) (CDQ),
679.20(a)(7)(iv)(A) (non-CDQ), and
679.23(e)(5) (seasons)). Table 4 lists the
non-CDQ sector and seasonal
allowances. In accordance with
§ 679.20(a)(7)(iv)(B) and (C), any unused
portion of a non-CDQ Pacific cod
seasonal allowance for any sector,
except the jig sector, will become
available at the beginning of that
sector’s next seasonal allowance.
Section 679.20(a)(7)(i)(B) sets forth the
CDQ Pacific cod gear allowances by
season, and CDQ groups are prohibited
84285
from exceeding those seasonal
allowances (§ 679.7(d)(6)).
Section 679.20(a)(7)(vii) requires that
the Regional Administrator establish an
Area 543 Pacific cod harvest limit based
on Pacific cod abundance in Area 543
as determined by the annual stock
assessment process. Based on the 2022
stock assessment, the Regional
Administrator has preliminarily
determined for 2024 and 2025 that the
estimated amount of Pacific cod
abundance in Area 543 is 15.7 percent
of total AI abundance. To calculate the
Area 543 Pacific cod harvest limit,
NMFS first subtracts the State GHL
Pacific cod amount from the AI Pacific
cod ABC. Then NMFS determines the
harvest limit in Area 543 by multiplying
the percentage of Pacific cod estimated
in Area 543 (15.7 percent) by the
remaining ABC for AI Pacific cod. Based
on these calculations, which rely on the
2022 stock assessment, the proposed
Area 543 harvest limit is 1,323 mt.
However, the final Area 543 harvest
limit could change if the Pacific cod
abundance in Area 543 changes based
on the stock assessment in the final
2023 SAFE report.
Under the PCTC Program, PCTC
cooperatives are required to collectively
set aside up to twelve percent of the
trawl CV A-season allocation for
delivery to an AI shoreplant established
through the process set forth at
§ 679.132 in years in which an AI
community representative notifies
NMFS of their intent to process Pacific
cod in Adak or Atka. A notice of intent
to process PCTC Program Pacific cod for
2024 must be submitted in writing to
the Regional Administrator by a
representative of the City of Adak or the
City of Atka no later than October 15.
A notice of intent was not received in
2023, and accordingly the set-aside will
not be in effect for 2024. The 2025 setaside will be determined after the
October 15, 2024 deadline in
conjunction with the 2025 and 2026
harvest specifications process.
Based on the proposed 2024 and 2025
Pacific cod TACs, Table 4 lists the CDQ
and non-CDQ TAC amounts, non-CDQ
seasonal allowances by gear, the sector
allocations of Pacific cod, and the
seasons set forth at § 679.23(e)(5).
TABLE 4—PROPOSED 2024 AND 2025 SECTOR ALLOCATIONS AND SEASONAL ALLOWANCES OF THE BSAI 1 PACIFIC COD
TAC
[Amounts are in metric tons]
Sector
Percent
Total Bering Sea TAC ......................................................................................
VerDate Sep<11>2014
16:10 Dec 04, 2023
Jkt 262001
PO 00000
Frm 00037
Fmt 4702
2024 and 2025
share of gear
sector total
2024 and 2025
share of
sector total
123,295
n/a
n/a
Sfmt 4702
E:\FR\FM\05DEP1.SGM
2024 and 2025 seasonal allowances
Season
n/a .......................................
05DEP1
I
I
Amount
n/a
84286
Federal Register / Vol. 88, No. 232 / Tuesday, December 5, 2023 / Proposed Rules
TABLE 4—PROPOSED 2024 AND 2025 SECTOR ALLOCATIONS AND SEASONAL ALLOWANCES OF THE BSAI 1 PACIFIC COD
TAC—Continued
[Amounts are in metric tons]
Sector
Percent
2024 and 2025
share of gear
sector total
2024 and 2025
share of
sector total
Bering Sea CDQ ..............................................................................................
Bering Sea non-CDQ TAC ..............................................................................
Total Aleutian Islands TAC ..............................................................................
Aleutian Islands CDQ ......................................................................................
Aleutian Islands non-CDQ TAC .......................................................................
Western Aleutians Islands Limit ......................................................................
Total BSAI non-CDQ TAC 1 .............................................................................
Total hook-and-line/pot gear ............................................................................
Hook-and-line/pot ICA 2 ...................................................................................
Hook-and-line/pot sub-total ..............................................................................
Hook-and-line catcher/processors ...................................................................
A-season ..........................................................................................................
B-season ..........................................................................................................
Hook-and-line catcher vessels ≥60 ft LOA ......................................................
A-season ..........................................................................................................
B-season ..........................................................................................................
Pot catcher/processors ....................................................................................
A-season ..........................................................................................................
B-season ..........................................................................................................
Pot catcher vessels ≥60 ft LOA .......................................................................
A-season ..........................................................................................................
B-season ..........................................................................................................
Catcher vessels <60 ft LOA using hook-and-line or pot gear .........................
Trawl catcher vessels 3 ....................................................................................
A-Season ICA ..................................................................................................
A-season PCTC ...............................................................................................
B-season ICA ...................................................................................................
B-season PCTC ...............................................................................................
C-season trawl catcher vessels .......................................................................
AFA trawl catcher/processors ..........................................................................
A-season ..........................................................................................................
B-season ..........................................................................................................
C-season ..........................................................................................................
Amendment 80 .................................................................................................
A-season ..........................................................................................................
B-season ..........................................................................................................
C-season ..........................................................................................................
Jig .....................................................................................................................
A-season ..........................................................................................................
B-season ..........................................................................................................
C-season ..........................................................................................................
n/a
n/a
n/a
n/a
n/a
n/a
100.0
60.8
n/a
n/a
48.7
..............
..............
0.2
..............
..............
1.5
..............
..............
8.4
..............
..............
2.0
22.1
..............
..............
..............
..............
..............
2.3
..............
..............
..............
13.4
..............
..............
..............
1.4
..............
..............
..............
13,193
110,102
8,425
901
7,524
1,323
117,626
71,517
n/a
71,017
n/a
..........................
..........................
n/a
..........................
..........................
n/a
..........................
..........................
n/a
..........................
..........................
n/a
25,995
..........................
..........................
..........................
..........................
..........................
2,705
..........................
..........................
..........................
15,762
..........................
..........................
..........................
1,647
..........................
..........................
..........................
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
500
n/a
56,883
..........................
..........................
234
..........................
..........................
1,752
..........................
..........................
9,812
..........................
..........................
2,336
n/a
..........................
..........................
..........................
..........................
..........................
n/a
..........................
..........................
..........................
n/a
..........................
..........................
..........................
n/a
..........................
..........................
..........................
2024 and 2025 seasonal allowances
Season
Amount
See § 679.20(a)(7)(i)(B) ......
n/a .......................................
n/a .......................................
See § 679.20(a)(7)(i)(B) ......
n/a .......................................
n/a .......................................
n/a .......................................
n/a .......................................
n/a .......................................
n/a .......................................
n/a .......................................
Jan 1–Jun 10 ......................
Jun 10–Dec 31 ...................
n/a .......................................
Jan 1–Jun 10 ......................
Jun 10–Dec 31 ...................
n/a .......................................
Jan 1–Jun 10 ......................
Sept 1–Dec 31 ....................
n/a .......................................
Jan 1–Jun 10 ......................
Sept 1–Dec 31 ....................
n/a .......................................
n/a .......................................
Jan 20–Apr 1 ......................
Jan 20–Apr 1 ......................
Apr 1–Jun 10 ......................
Apr 1–Jun 10 ......................
Jun 10–Nov 1 .....................
n/a .......................................
Jan 20–Apr 1 ......................
Apr 1–Jun 10 ......................
Jun 10–Nov 1 .....................
n/a .......................................
Jan 20–Apr 1 ......................
Apr 1–Jun 10 ......................
Jun 10–Dec 31 ...................
n/a .......................................
Jan 1–Apr 30 ......................
Apr 30–Aug 31 ...................
Aug 31–Dec 31 ...................
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
29,011
27,873
n/a
119
114
n/a
894
859
n/a
5,004
4,808
n/a
n/a
1,500
17,737
700
2,159
3,899
n/a
2,029
676
..............
n/a
11,821
3,940
..............
n/a
988
329
329
1 The sector allocations and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and AI Pacific cod TACs, after subtraction of the reserves for the CDQ Program. If the TAC for Pacific cod in either the BS or AI is or will be reached, then directed fishing will be prohibited for non-CDQ Pacific cod in
that subarea, even if a BSAI allowance remains (§ 679.20(d)(1)(iii)).
2 The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC allocated to the hook-and-line and pot sectors. The
Regional Administrator proposes an ICA of 500 mt based on anticipated incidental catch by these sectors in other fisheries.
3 The A and B season trawl CV Pacific cod allocation will be allocated to the Pacific Cod Trawl Cooperative Program after subtraction of the A and B season ICAs
(§ 679.131(b)(1)). The Regional Administrator proposes for the A and B seasons ICAs of 1,500 mt and 700 mt, respectively, to account for projected incidental catch
of Pacific cod by trawl catcher vessels engaged in directed fishing for groundfish other than PCTC Program Pacific cod.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
khammond on DSKJM1Z7X2PROD with PROPOSALS
Sablefish Gear Allocation
Section 679.20(a)(4)(iii) and (iv)
require allocation of sablefish TAC for
the BS and AI between trawl gear and
fixed gear. Gear allocations of the
sablefish TAC for the BS are 50 percent
for trawl gear and 50 percent for fixed
gear. Gear allocations of the TAC for the
AI are 25 percent for trawl gear and 75
percent for fixed gear. Section
679.20(b)(1)(ii)(B) requires that NMFS
apportion 20 percent of the fixed gear
VerDate Sep<11>2014
16:10 Dec 04, 2023
Jkt 262001
allocation of sablefish TAC to the CDQ
reserve for each subarea. Also,
§ 679.20(b)(1)(ii)(D)(1) requires that 7.5
percent of the trawl gear allocation of
sablefish TAC from the nonspecified
reserve, established under
§ 679.20(b)(1)(i), be apportioned to the
CDQ reserve. The Council
recommended that only trawl sablefish
TAC be established biennially. The
harvest specifications for the fixed gear
sablefish Individual Fishing Quota (IFQ)
fisheries are limited to the 2024 fishing
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Frm 00038
Fmt 4702
Sfmt 4702
year to ensure those fisheries are
conducted concurrently with the halibut
IFQ fishery. Concurrent sablefish and
halibut IFQ fisheries reduce the
potential for discards of halibut and
sablefish in those fisheries. The
sablefish IFQ fisheries remain closed at
the beginning of each fishing year until
the final harvest specifications for the
sablefish IFQ fisheries are in effect.
Table 5 lists the proposed 2024 and
2025 gear allocations of the sablefish
TAC and CDQ reserve amounts.
E:\FR\FM\05DEP1.SGM
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Federal Register / Vol. 88, No. 232 / Tuesday, December 5, 2023 / Proposed Rules
84287
TABLE 5—PROPOSED 2024 AND 2025 GEAR SHARES AND CDQ RESERVE OF BSAI SABLEFISH TACS
[Amounts are in metric tons]
Percent
of TAC
Subarea and gear
2024 share
of TAC
2024 CDQ
reserve
2024
ITAC 1
2025 share
of TAC
2025
ITAC
2025 CDQ
reserve
Bering Sea:
Trawl gear .....................................................
Fixed gear 2 ...................................................
50
50
4,838
4,838
4,112
n/a
363
968
4,838
n/a
4,112
n/a
363
n/a
Total .......................................................
100
9,676
4,112
1,330
4,838
4,112
363
Aleutian Islands:
Trawl gear .....................................................
Fixed gear 2 ...................................................
25
75
2,448
7,345
2,081
n/a
184
1,469
2,448
n/a
2,081
n/a
184
n/a
Total .......................................................
100
9,793
2,081
1,653
2,448
2,081
184
1 For
the sablefish TAC allocated to vessels using trawl gear, 15 percent of TAC is apportioned to the nonspecified reserve (§ 679.20(b)(1)(i)).
The ITAC for vessels using trawl gear is the remainder of the TAC after the subtraction of this reserve. In the BS and AI, 7.5 percent of the trawl
gear allocation of TAC is assigned from the nonspecified reserve to the CDQ reserve (§ 679.20(b)(1)(ii)(D)(1)).
2 For the sablefish TAC allocated to vessels using fixed gear, 20 percent of the allocated TAC for the BS and AI is reserved for use by CDQ
participants (§ 679.20(b)(1)(ii)(B)). The ITAC for vessels using fixed gear is the remainder of the TAC after the subtraction of the CDQ reserve.
The Council recommended that specifications for the fixed gear sablefish IFQ fisheries be limited to 1 year.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Allocation of the AI Pacific Ocean
Perch, and BSAI Flathead Sole, Rock
Sole, and Yellowfin Sole TACs
Section 679.20(a)(10)(i) and (ii)
require that NMFS allocate AI Pacific
ocean perch, and BSAI flathead sole,
rock sole, and yellowfin sole TACs
between the Amendment 80 sector and
the BSAI trawl limited access sector,
after subtracting 10.7 percent for the
CDQ reserves and amounts for ICAs for
the BSAI trawl limited access sector and
vessels using non-trawl gear. The
allocation of the ITACs for AI Pacific
ocean perch, and BSAI flathead sole,
rock sole, and yellowfin sole to the
Amendment 80 sector is established in
accordance with tables 33 and 34 to 50
CFR part 679 and in § 679.91.
One Amendment 80 cooperative has
been formed for the 2024 fishing year.
Because all Amendment 80 vessels are
part of the sole cooperative, no
allocation to the Amendment 80 limited
access sector is required for 2024. The
2025 allocations for Amendment 80
species between Amendment 80
cooperatives and the Amendment 80
limited access sector will not be known
until eligible participants apply for
participation in the program by
November 1, 2024. NMFS will post the
2025 Amendment 80 cooperatives and
Amendment 80 limited access sector
allocations on the Alaska Region
website at https://
www.fisheries.noaa.gov/alaska/
sustainable-fisheries/sustainablefisheries-alaska prior to the start of the
fishing year on January 1, 2025, based
on the harvest specifications effective
on that date. Table 6 lists the proposed
2024 and 2025 allocations of the AI
Pacific ocean perch, and BSAI flathead
sole, rock sole, and yellowfin sole TACs.
TABLE 6—PROPOSED 2024 AND 2025 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH
AMOUNTS (ICAS), AND AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI
FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE TACS
[Amounts are in metric tons]
2024 and 2025 allocations
Pacific ocean perch
Flathead
sole
Rock
sole
Yellowfin
sole
BSAI
BSAI
BSAI
35,500
3,799
3,000
....................
28,702
66,000
7,062
6,000
....................
52,938
Sector
Eastern
Aleutian
district
TAC ..................................................................................
CDQ .................................................................................
ICA ...................................................................................
BSAI trawl limited access ................................................
Amendment 80 1 ..............................................................
8,013
857
100
706
6,350
Central
Aleutian
district
Western
Aleutian
district
5,551
594
60
490
4,407
13,000
1,391
10
232
11,367
230,656
24,680
4,000
45,733
156,243
khammond on DSKJM1Z7X2PROD with PROPOSALS
1 The 2025 allocations between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until eligible participants apply for participation in the program by November 1, 2024.
Section 679.2 defines the ABC surplus
for flathead sole, rock sole, and
yellowfin sole as the difference between
the annual ABC and TAC for each
species. Section 679.20(b)(1)(iii)
establishes ABC reserves for flathead
sole, rock sole, and yellowfin sole. The
ABC surpluses and the ABC reserves are
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16:10 Dec 04, 2023
Jkt 262001
necessary to mitigate the operational
variability, environmental conditions,
and economic factors that may constrain
the CDQ groups and the Amendment 80
cooperatives from fully harvesting their
allocations and to improve the
likelihood of achieving and
maintaining, on a continuing basis, the
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Fmt 4702
Sfmt 4702
optimum yield in the BSAI groundfish
fisheries. NMFS, after consultation with
the Council, may set the ABC reserve at
or below the ABC surplus for each
species, thus maintaining the TAC at or
below ABC limits. An amount equal to
10.7 percent of the ABC reserves will be
allocated as CDQ ABC reserves for
E:\FR\FM\05DEP1.SGM
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84288
Federal Register / Vol. 88, No. 232 / Tuesday, December 5, 2023 / Proposed Rules
flathead sole, rock sole, and yellowfin
sole. Section 679.31(b)(4) establishes the
annual allocations of CDQ ABC reserves
among the CDQ groups. The
Amendment 80 ABC reserves are the
ABC reserves minus the CDQ ABC
reserves. Section 679.91(i)(2) establishes
each Amendment 80 cooperative ABC
reserves to be the ratio of each
cooperatives’ quota share units and the
total Amendment 80 quota share units,
multiplied by the Amendment 80 ABC
reserve for each respective species.
Table 7 lists the proposed 2024 and
2025 ABC surplus and ABC reserves for
BSAI flathead sole, rock sole, and
yellowfin sole.
TABLE 7—PROPOSED 2024 AND 2025 1 ABC SURPLUS, ABC RESERVES, COMMUNITY DEVELOPMENT QUOTA (CDQ)
ABC RESERVES, AND AMENDMENT 80 ABC RESERVES IN THE BSAI FOR FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE
[Amounts are in metric tons]
Flathead
sole
Sector
ABC ..........................................................................................................................................................
TAC ..........................................................................................................................................................
ABC surplus .............................................................................................................................................
ABC reserve ............................................................................................................................................
CDQ ABC reserve ...................................................................................................................................
Amendment 80 ABC reserve ...................................................................................................................
66,927
35,500
31,427
31,427
3,363
28,064
Rock
sole
119,969
66,000
53,969
53,969
5,775
48,194
Yellowfin
sole
462,890
230,656
232,234
232,234
24,849
207,385
khammond on DSKJM1Z7X2PROD with PROPOSALS
1 The 2025 allocations between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until eligible participants apply for participation in the program by November 1, 2024.
Proposed PSC Limits for Halibut,
Salmon, Crab, and Herring
Section 679.21(b), (e), (f), and (g) set
forth the BSAI PSC limits. Pursuant to
§ 679.21(b)(1), the annual BSAI halibut
PSC limits total 3,515 mt. Section
679.21(b)(1) allocates 315 mt of the
halibut PSC limit as the PSQ reserve for
use by the groundfish CDQ Program,
1,745 mt of the halibut PSC limit for the
Amendment 80 sector, 745 mt of the
halibut PSC limit for the BSAI trawl
limited access sector, and 710 mt of the
halibut PSC limit for the BSAI non-trawl
sector.
Under Amendment 123 and its
implementing regulations, the annual
BSAI halibut PSC limit for the CDQ
Program (315 mt), BSAI trawl limited
access sector (745 mt), and BSAI nontrawl sector (710 mt) will total 1,770 mt
(these individual halibut PSC limits are
unchanged). An additional amount of
BSAI halibut PSC limit for the
Amendment 80 sector will be
determined annually based on the most
recent halibut abundance estimates from
the IPHC setline survey index and the
NMFS AFSC Eastern Bering Sea shelf
trawl survey index. The 2023 AFSC
Eastern Bering Sea shelf trawl survey
index estimate of halibut abundance is
170,238 mt and is above the threshold
level of 150,000 mt. The IPHC setline
survey index is unknown at this time
but will be available by December 2023.
NMFS will calculate the Amendment 80
sector halibut PSC limit and the total
halibut PSC limit in the final 2024 and
2025 harvest specifications.
Section 679.21(b)(1)(iii)(A) and (B)
require apportionment of the BSAI nontrawl halibut PSC limit into PSC
allowances among six fishery categories,
VerDate Sep<11>2014
16:10 Dec 04, 2023
Jkt 262001
and §§ 679.21(b)(1)(ii)(A) and (B),
(e)(3)(i)(B), and (e)(3)(iv) require
apportionment of the BSAI trawl limited
access sector’s halibut and crab PSC
limits into PSC allowances among seven
fishery categories. Tables 10 and 11 list
the proposed fishery PSC allowances for
the BSAI trawl limited access sector
fisheries, and Table 12 lists the
proposed fishery PSC allowances for the
non-trawl fisheries.
Pursuant to Section 3.6 of the FMP,
the Council recommends, and NMFS
proposes, that certain specified nontrawl fisheries be exempt from the
halibut PSC limit. As in past years, after
consultation with the Council, NMFS
proposes to exempt the pot gear fishery,
the jig gear fishery, and the sablefish
IFQ hook-and-line gear fishery
categories from halibut bycatch
restrictions because (1) the pot gear
fisheries have low halibut bycatch
mortality; (2) NMFS estimates halibut
mortality for the jig gear fleet to be
negligible because of the small size of
the fishery and the selectivity of the
gear; and (3) the sablefish and halibut
IFQ fisheries have low halibut bycatch
mortality because the IFQ Program
requires legal-size halibut to be retained
by vessels using fixed gear if a halibut
IFQ permit holder or a hired master is
aboard and is holding unused halibut
IFQ for that vessel category and the IFQ
regulatory area in which the vessel is
operating (§ 679.7(f)(11)).
As of November 8, 2023, total
groundfish catch for the pot gear fishery
in the BSAI was 18,036 mt, with an
associated halibut bycatch mortality of 9
mt. The 2023 jig gear fishery harvested
less than 1 mt of groundfish. Most
vessels in the jig gear fleet are exempt
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from observer coverage requirements.
As a result, observer data are not
available on halibut bycatch in the jig
gear fishery. As mentioned above,
NMFS estimates a negligible amount of
halibut bycatch mortality because of the
selective nature of jig gear and the low
mortality rate of halibut caught with jig
gear and released.
Under § 679.21(f)(2), NMFS annually
allocates portions of either 33,318,
45,000, 47,591, or 60,000 Chinook
salmon PSC limits among the AFA
sectors, depending on past bycatch
performance, on whether Chinook
salmon bycatch incentive plan
agreements (IPA) are formed, and on
whether NMFS determines it is a low
Chinook salmon abundance year. NMFS
will determine that it is a low Chinook
salmon abundance year when
abundance of Chinook salmon in
western Alaska is less than or equal to
250,000 Chinook salmon. The State
provides to NMFS an estimate of
Chinook salmon abundance using the 3System Index for western Alaska, based
on the Kuskokwim, Unalakleet, and
Upper Yukon aggregate stock grouping.
If an AFA sector participates in an
approved IPA and has not exceeded its
performance standard under
§ 679.21(f)(6), and if it is not a low
Chinook salmon abundance year, then
NMFS will allocate a portion of the
60,000 Chinook salmon PSC limit to
that sector as specified in
§ 679.21(f)(3)(iii)(A). If no IPA is
approved, or if the sector has exceeded
its performance standard under
§ 679.21(f)(6), and if it is not a low
abundance year, then NMFS will
allocate a portion of the 47,591 Chinook
salmon PSC limit to that sector as
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specified in § 679.21(f)(3)(iii)(C). If an
AFA sector participates in an approved
IPA and has not exceeded its
performance standard under
§ 679.21(f)(6) in a low abundance year,
then NMFS will allocate a portion of the
45,000 Chinook salmon PSC limit to
that sector as specified in
§ 679.21(f)(3)(iii)(B). If no IPA is
approved, or if the sector has exceeded
its performance standard under
§ 679.21(f)(6), and if in a low abundance
year, then NMFS will allocate a portion
of the 33,318 Chinook salmon PSC limit
to that sector as specified in
§ 679.21(f)(3)(iii)(D).
NMFS has determined that 2023 was
a low Chinook salmon abundance year,
based on the State’s estimate that
Chinook salmon abundance in western
Alaska is less than 250,000 Chinook
salmon. Therefore, in 2024, the Chinook
salmon PSC limit is 45,000 Chinook
salmon, allocated to each sector as
specified in § 679.21(f)(3)(iii)(B).
The AFA sector Chinook salmon PSC
allocations are also seasonally
apportioned with 70 percent of the
allocation for the A season pollock
fishery, and 30 percent of the allocation
for the B season pollock fishery
(§§ 679.21(f)(3)(i) and 679.23(e)(2)). In
2024, the Chinook salmon bycatch
performance standard under
§ 679.21(f)(6) is 33,318 Chinook salmon,
allocated to each sector as specified in
§ 679.21(f)(3)(iii)(D). If a sector exceeds
its Chinook salmon bycatch
performance standard in any three of
seven consecutive years, that sector’s
allocation is reduced to the amount
allocated under the Chinook salmon
bycatch performance standard at
§ 679.21(f)(3)(iii)(C)–(D). NMFS
publishes the approved IPAs and the
Chinook salmon PSC allocations and
reports at https://
www.fisheries.noaa.gov/alaska/
sustainable-fisheries/sustainablefisheries-alaska.
Section 679.21(g)(2)(i) specifies 700
fish as the 2024 and 2025 Chinook
salmon PSC limit for the AI pollock
fishery. Section 679.21(g)(2)(ii) allocates
7.5 percent, or 53 Chinook salmon, as
the AI PSQ reserve for the CDQ
Program, and allocates the remaining
647 Chinook salmon to the non-CDQ
fisheries.
Section 679.21(f)(14)(i) specifies
42,000 fish as the 2024 and 2025 nonChinook salmon PSC limit for vessels
using trawl gear from August 15 through
October 14 in the Catcher Vessel
Operational Area (CVOA). Section
679.21(f)(14)(ii) allocates 10.7 percent,
or 4,494 non-Chinook salmon, in the
CVOA as the PSQ reserve for the CDQ
Program and allocates the remaining
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37,506 non-Chinook salmon in the
CVOA to the non-CDQ fisheries. Section
679.21(f)(14)(iv) exempts from closures
in the Chum Salmon Savings Area trawl
vessels participating in directed fishing
for pollock and operating under an IPA
approved by NMFS.
PSC limits for crab and herring are
specified annually based on abundance
and spawning biomass.
Based on the most recent (2023)
survey data, the red king crab mature
female abundance is estimated at 11.054
million red king crabs, and the effective
spawning biomass is estimated at 20.055
million lbs (9,320 mt). Based on the
criteria set out at § 679.21(e)(1)(i), the
calculated 2024 and 2025 PSC limit of
red king crab in Zone 1 for trawl gear
is 97,000 animals. This limit derives
from the mature female abundance
estimate above 8.4 million mature red
king crab and an effective spawning
biomass between 14.5 and 55 million
lbs.
Section 679.21(e)(3)(ii)(B)(2)
establishes criteria under which NMFS
must specify, after consultation with the
Council, an annual red king crab
bycatch limit for the Red King Crab
Savings Subarea (RKCSS) if the State
has established a GHL fishery for red
king crab in the Bristol Bay area in the
previous year. The regulations limit the
RKCSS red king crab bycatch limit to 25
percent of the red king crab PSC limit,
based on the need to optimize the
groundfish harvest relative to red king
crab bycatch. In October 2023, the
Council recommended, and NMFS
proposes, that the RKCSS red king crab
bycatch limit for 2024 and 2025 be
equal to 25 percent of the red king crab
PSC limit (Table 9).
Based on the most recent (2023)
survey data from the NMFS annual
bottom trawl survey, Tanner crab
(Chionoecetes bairdi) abundance is
estimated at 730 million animals.
Pursuant to criteria set out at
§ 679.21(e)(1)(ii), the calculated 2024
and 2025 C. bairdi crab PSC limit for
trawl gear is 980,000 animals in Zone 1,
and 2,970,000 animals in Zone 2. The
limit in Zone 1 is based on the total
abundance of C. bairdi (estimated at 730
million animals), which is greater than
400 million animals. The limit in Zone
2 is based on the total abundance of C.
bairdi (estimated at 730 million
animals), which is greater than 400
million animals.
Pursuant to § 679.21(e)(1)(iii), the PSC
limit for trawl gear for snow crab (C.
opilio) is based on total abundance as
indicated by the NMFS annual bottom
trawl survey. The C. opilio crab PSC
limit in the C. opilio bycatch limitation
zone (COBLZ) is set at 0.1133 percent of
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84289
the Bering Sea abundance index minus
150,000 crabs, unless a minimum or
maximum PSC limit applies. Based on
the most recent (2023) survey estimate
of 1.142 billion animals, the calculated
C. opilio crab PSC limit is 1,143,886
animals. Because 0.1133 percent
multiplied by the total abundance is less
than 4.5 million animals, the minimum
PSC limit applies, and the PSC limit
will be 4.350 million animals.
Pursuant to § 679.21(e)(1)(v), the PSC
limit of Pacific herring caught while
conducting any trawl operation for BSAI
groundfish is 1 percent of the annual
eastern Bering Sea herring biomass. Due
to the lack of new information as of
October 2023 regarding herring PSC
limits and apportionments, the Council
recommended, and NMFS proposes,
basing the proposed 2024 and 2025
herring PSC limits and apportionments
on the 2022 survey data. Based on the
2022 survey data, the best current
estimate of 2024 and 2025 herring
biomass is 344,379 mt. This amount was
developed by the Alaska Department of
Fish and Game based on biomass for
spawning aggregations. Therefore, the
herring PSC limit proposed for 2024 and
2025 is 3,444 mt for all trawl gear as
listed in Tables 8 and 9. The Council
and NMFS will reconsider the proposed
herring PSC limit if updated survey data
and information on biomass becomes
available.
Section 679.21(e)(3)(i)(A)(1) allocates
10.7 percent of each trawl gear PSC
limit specified for crab as a PSQ reserve
for use by the groundfish CDQ Program.
Section 679.21(e)(3)(i)(A) requires that
crab PSQ reserves be subtracted from
the total trawl PSC limits. The crab and
halibut PSC limits assigned to the
Amendment 80 and BSAI trawl limited
access sectors are listed in table 35 to 50
CFR part 679. The resulting proposed
2024 and 2025 allocations of crab and
halibut PSC limits to CDQ PSQ, the
Amendment 80 sector, and the BSAI
trawl limited access sector are listed in
table 8. Pursuant to §§ 679.21(b)(1)(i),
679.21(e)(3)(vi), and 679.91(d) through
(f), crab and halibut trawl PSC limits
assigned to the Amendment 80 sector
are then further allocated to
Amendment 80 cooperatives as
cooperative quotas. Crab and halibut
PSC cooperative quotas assigned to
Amendment 80 cooperatives are not
allocated to specific fishery categories.
One Amendment 80 cooperative has
been formed for the 2024 fishing year.
Because all Amendment 80 vessels are
part of the sole cooperative, no PSC
limit allocation to the Amendment 80
limited access sector is required for
2024. The 2025 PSC limit allocations
between Amendment 80 cooperatives
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and the Amendment 80 limited access
sector will not be known until eligible
participants apply for participation in
the program by November 1, 2024.
NMFS will post the 2025 Amendment
80 cooperatives and Amendment 80
limited access sector allocations on the
Alaska Region website at https://
www.fisheries.noaa.gov/alaska/
sustainable-fisheries/sustainablefisheries-alaska prior to the start of the
fishing year on January 1, 2025, based
on the harvest specifications effective
on that date.
The BSAI ITAC allocation of halibut
and crab PSC limits to the PCTC
Program is established in § 679.131(c)
and (d). The halibut PSC apportioned to
the trawl CV sector is 98 percent of the
halibut PSC limit apportioned to the
BSAI trawl limited access sector’s
Pacific cod fishery category, and the
remaining 2 percent is apportioned to
the AFA CP sector. The trawl CV sector
apportionment is further allocated to the
A and B seasons (95 percent) and the C
season (5 percent). The allocation to the
A and B season is subject to reductions
consistent with § 679.131(c)(1)(iii). The
crab PSC apportioned to the trawl CV
sector is 90.6 percent of the crab PSC
limit apportioned to the BSAI trawl
limited access sector’s Pacific cod
fishery category, and the remaining 9.4
percent is apportioned to the AFA CP
sector. The trawl CV sector
apportionment is further allocated to the
A and B seasons (95 percent) and the C
season (5 percent), and the A and B
season limit is reduced by 35 percent to
determine the overall PCTC Program
crab PSC limit.
The halibut and crab PSC limit
allocations to PCTC Program
cooperatives are not included in these
proposed harvest specifications. PCTC
Program cooperative applications are
not due to NMFS until November 1,
2023; therefore, NMFS cannot calculate
2024 allocations in conjunction with
these proposed harvest specifications
(§ 679.131(c) and (d)). After receiving
the PCTC Program cooperative
applications, NMFS will calculate the
2024 halibut and crab PSC limits for
PCTC Program cooperatives, as set forth
in in § 679.131(c) and (d) and post them
on the Alaska Region website at https://
www.fisheries.noaa.gov/alaska/
sustainable-fisheries/alaska-fisheriesmanagement-reports prior to the start of
the fishing year on January 1, 2024,
based on the harvest specifications
effective on that date. The 2025
allocations of halibut and crab PSC
limits for PCTC Program cooperatives
will not be known until eligible
participants apply for participation in
the program by November 1, 2024.
Section 679.21(b)(2) and (e)(5)
authorize NMFS, after consulting with
the Council, to establish seasonal
apportionments of halibut and crab PSC
amounts for the BSAI non-trawl, BSAI
trawl limited access, and Amendment
80 limited access sectors to maximize
the ability of the fleet to harvest the
available groundfish TAC and to
minimize bycatch. The factors
considered are (1) seasonal distribution
of prohibited species; (2) seasonal
distribution of target groundfish species
relative to prohibited species
distribution; (3) prohibited species
bycatch needs on a seasonal basis
relevant to prohibited species biomass
and expected catches of target
groundfish species; (4) expected
variations in bycatch rates throughout
the year; (5) expected changes in
directed groundfish fishing seasons; (6)
expected start of fishing effort; and (7)
economic effects of establishing
seasonal prohibited species
apportionments on segments of the
target groundfish industry. Based on
this criteria, the Council recommended,
and NMFS proposes, the seasonal PSC
apportionments in Tables 10, 11, and 12
to maximize harvest among gear types,
fisheries, and seasons, while
minimizing bycatch of PSC.
TABLE 8—PROPOSED 2024 AND 2025 APPORTIONMENT OF PROHIBITED SPECIES CATCH ALLOWANCES TO NON-TRAWL
GEAR, THE CDQ PROGRAM, AMENDMENT 80, AND THE BSAI TRAWL LIMITED ACCESS SECTORS
PSC species, areas, and zones 1
Halibut mortality (mt) BSAI ...........................
Herring (mt) BSAI ..........................................
Red king crab (animals) Zone 1 ...................
C. opilio (animals) COBLZ ............................
C. bairdi crab (animals) Zone 1 ....................
C. bairdi crab (animals) Zone 2 ....................
Non-trawl
PSC
Total PSC 4
3,515
3,444
97,000
4,350,000
980,000
2,970,000
710
n/a
n/a
n/a
n/a
n/a
Trawl PSC
remaining
after CDQ
PSQ
CDQ PSQ
reserve 2
315
n/a
10,379
465,450
104,860
317,790
Amendment
80 sector 3 4
n/a
n/a
86,621
3,884,550
875,140
2,652,210
1,745
n/a
43,293
1,909,256
368,521
627,778
BSAI trawl
limited access
sector
745
n/a
26,489
1,248,494
411,228
1,241,500
BSAI PSC
limits not
allocated 2
n/a
n/a
16,839
726,799
95,390
782,932
1 Refer
to § 679.2 for definitions of areas and zones.
PSQ reserve for crab species is 10.7 percent of each crab PSC limit.
Amendment 80 program reduced apportionment of the trawl PSC limits for crab below the total PSC limit. These reductions are not apportioned to other gear
types or sectors.
4 Under Amendment 123 and its implementing regulations, the BSAI halibut PSC limit for the Amendment 80 sector will be determined annually based on the most
recent halibut abundance estimates from the IPHC setline survey index and the NMFS AFSC Eastern Bering Sea shelf trawl survey index. NMFS will update the halibut PSC limit for the Amendment 80 sector, as well as the total halibut PSC limit, in the final harvest specifications.
2 The
3 The
TABLE 9—PROPOSED 2024 AND 2025 HERRING AND RED KING CRAB SAVINGS SUBAREA PROHIBITED SPECIES CATCH
ALLOWANCES FOR ALL TRAWL SECTORS
Herring (mt)
BSAI
khammond on DSKJM1Z7X2PROD with PROPOSALS
Fishery categories
Yellowfin sole ...................................................................................................................................................
Rock sole/flathead sole/Alaska plaice/other flatfish 1 ......................................................................................
Greenland turbot/arrowtooth flounder/Kamchatka flounder/sablefish .............................................................
Rockfish ...........................................................................................................................................................
Pacific cod .......................................................................................................................................................
Midwater trawl pollock .....................................................................................................................................
Pollock/Atka mackerel/other species 2 3 ..........................................................................................................
2024 Red king crab savings subarea non-pelagic trawl gear 4 ......................................................................
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200
99
10
10
18
3,066
41
n/a
05DEP1
Red king crab
(animals) Zone 1
n/a
n/a
n/a
n/a
n/a
n/a
n/a
24,250
Federal Register / Vol. 88, No. 232 / Tuesday, December 5, 2023 / Proposed Rules
84291
TABLE 9—PROPOSED 2024 AND 2025 HERRING AND RED KING CRAB SAVINGS SUBAREA PROHIBITED SPECIES CATCH
ALLOWANCES FOR ALL TRAWL SECTORS—Continued
Herring (mt)
BSAI
Fishery categories
Total trawl PSC ........................................................................................................................................
Red king crab
(animals) Zone 1
3,444
97,000
1 ‘‘Other
flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder,
flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
2 Pollock other than midwater trawl pollock, Atka mackerel, and ‘‘other species’’ fishery category.
3 ‘‘Other species’’ for PSC monitoring includes skates, sharks, and octopuses.
4 In October 2023, the Council recommended, and NMFS proposes, that the red king crab bycatch limit within the RKCSS be limited to 25 percent of the red king crab PSC allowance (see § 679.21(e)(3)(ii)(B)(2)).
Note: Species apportionments may not total precisely due to rounding.
TABLE 10—PROPOSED 2024 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL LIMITED ACCESS
SECTORS AND PACIFIC COD TRAWL COOPERATIVE PROGRAM
Prohibited species and area 1
BSAI trawl limited access sector fisheries
Halibut
mortality (mt)
BSAI
Red king crab
(animals)
Zone 1
C. opilio
(animals)
COBLZ
C. bairdi (animals)
Zone 1
Zone 2
Yellowfin sole .......................................................................
Rock sole/flathead sole/other flatfish 2 .................................
Greenland turbot/arrowtooth flounder/Kamchatka flounder/
sablefish ...........................................................................
Rockfish, April 15–December 31 .........................................
Total Pacific cod 3 ................................................................
AFA CP Pacific cod .............................................................
PCTC Program Pacific cod, A and B Season .....................
Trawl CV Pacific cod, C Season .........................................
PCTC Program unallocated reduction .................................
Pollock/Atka mackerel/other species 4 .................................
265
........................
23,337
........................
1,192,179
........................
346,228
........................
1,185,500
........................
........................
5
300
6
244
15
35
175
........................
........................
2,955
278
1,653
134
890
197
........................
1,006
50,281
4,726
28,130
2,278
15,147
5,028
........................
........................
60,000
5,640
33,567
2,718
18,075
5,000
........................
1,000
50,000
4,700
27,973
2,265
15,062
5,000
Total BSAI trawl limited access sector PSC ................
745
26,489
1,248,494
411,228
1,241,500
1 Refer
to § 679.2 for definitions of areas and zones.
flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder,
flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
3 With the implementation of the PCTC Program, the BSAI trawl limited access sector Pacific cod fishery category PSC limits are further apportioned between AFA CPs, PCTC A and B-season, and open access C season (§ 679.131(c) and (d)). In the first year of the Program, 2024,
NMFS will apply a 12.5 percent reduction to the A and B season trawl CV sector halibut PSC limit and a 35 percent reduction to the A and B
season trawl CV sector crab PSC limit. The proposed 2024 PCTC Program A and B season halibut and crab PSC limits include these reductions. In the second year of the Program and every year thereafter, NMFS will apply a 25 percent and 35 percent reduction to the A and B season trawl CV sector halibut and crab PSC limit, respectively. Any amount of the PCTC Program PSC limit remaining after the B season may be
reapportioned to the trawl CV limited access fishery in the open access C season. Because the annual halibut PSC limit for the PCTC Program
is not a fixed amount established in regulation and, instead, is determined annually through the harvest specification process, NMFS must apply
the reductions to the A and B season apportionment of the trawl CV sector apportionment to implement the overall PSC reductions under the
PCTC Program.
4 ‘‘Other species’’ for PSC monitoring includes skates, sharks, and octopuses.
Note: Species apportionments may not total precisely due to rounding.
2 ‘‘Other
TABLE 11—PROPOSED 2025 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL LIMITED ACCESS
SECTORS AND PACIFIC COD TRAWL COOPERATIVE PROGRAM
Prohibited species and area 1
khammond on DSKJM1Z7X2PROD with PROPOSALS
BSAI trawl limited access sector fisheries
Halibut
mortality (mt)
BSAI
Red king crab
(animals)
Zone 1
C. opilio
(animals)
COBLZ
Zone 1
Zone 2
Yellowfin sole .......................................................................
Rock sole/flathead sole/other flatfish 2 .................................
Greenland turbot/arrowtooth flounder/Kamchatka flounder/
sablefish ...........................................................................
Rockfish April 15–December 31 ..........................................
Total Pacific cod 3 ................................................................
AFA CP Pacific cod .............................................................
PCTC Program Pacific cod, A and B Season .....................
Trawl CV Pacific cod, C Season .........................................
PCTC Program unallocated reduction .................................
Pollock/Atka mackerel/other species 4 .................................
265
........................
23,337
........................
1,192,179
........................
346,228
........................
1,185,500
........................
........................
5
300
6
209
15
70
175
........................
........................
2,955
278
1,653
134
890
197
........................
1,006
50,281
4,726
28,130
2,278
15,147
5,028
........................
........................
60,000
5,640
33,567
2,718
18,075
5,000
........................
1,000
50,000
4,700
27,973
2,265
15,062
5,000
Total BSAI trawl limited access sector PSC ................
745
26,489
1,248,494
411,228
1,241,500
1 Refer
to § 679.2 for definitions of areas and zones.
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2 ‘‘Other flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder,
flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
3 With the implementation of the PCTC Program, the BSAI trawl limited access sector Pacific cod fishery category PSC limits are further apportioned between AFA CPs, PCTC A and B-season, and open access C season (§ 679.131(c) and (d)). In the second year of the PCTC Program,
2025, and every year thereafter, NMFS will apply a 25 and 35 percent reduction to the A and B season trawl CV sector halibut and crab PSC
limit, respectively. The proposed 2025 PCTC Program A and B season halibut and crab PSC limits include these reductions. Any amount of the
PCTC Program PSC limit remaining after the B season may be reapportioned to the trawl CV limited access fishery in the open access C season. Because the annual halibut PSC limit for the PCTC Program is not a fixed amount established in regulation and, instead, is determined annually through the harvest specification process, NMFS must apply the reductions to the A and B season apportionment of the trawl CV sector
apportionment to implement the overall PSC reductions under the PCTC Program.
4 ‘‘Other species’’ for PSC monitoring includes skates, sharks, and octopuses.
Note: Species apportionments may not total precisely due to rounding.
TABLE 12—PROPOSED 2024 AND 2025 HALIBUT PROHIBITED SPECIES BYCATCH ALLOWANCES FOR NON-TRAWL
FISHERIES
Halibut mortality (mt) BSAI
Catcher/
processor
Non-trawl fisheries
Seasons
Pacific cod .......................................................
Non-Pacific cod non-trawl-Total ......................
Groundfish pot and jig ....................................
Sablefish hook-and-line ..................................
Annual Pacific cod .........................................
January 1–June 10 ........................................
June 10–August 15 ........................................
August 15–December 31 ...............................
May 1–December 31 ......................................
n/a ..................................................................
n/a ..................................................................
648
388
162
98
n/a
n/a
n/a
13
9
2
2
n/a
n/a
n/a
661
n/a
n/a
n/a
49
Exempt
Exempt
Total for all non-trawl PSC ......................
n/a ..................................................................
n/a
n/a
710
Halibut Discard Mortality Rates (DMRs)
To monitor halibut bycatch mortality
allowances and apportionments, the
Regional Administrator uses observed
halibut incidental catch rates, DMRs,
and estimates of groundfish catch to
project when a fishery’s halibut bycatch
mortality allowance or seasonal
apportionment is reached. Halibut
incidental catch rates are based on
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 BSAI stock assessment
process. The DMR methodology and
findings are included as an appendix to
the annual BSAI groundfish SAFE
report.
In 2016, the DMR estimation
methodology underwent revisions per
the Council’s directive. An interagency
halibut working group (IPHC, Council,
and NMFS staff) developed improved
estimation methods that have
undergone review by the Plan Team,
SSC, and the Council. A summary of the
revised methodology is included in the
BSAI proposed 2017 and 2018 harvest
specifications (81 FR 87863, December
6, 2016), and the comprehensive
discussion of the working group’s
statistical methodology is available from
the Council (see ADDRESSES). The DMR
working group’s revised methodology is
intended to improve estimation
accuracy, transparency, and
transferability used for calculating
DMRs. The working group will continue
to consider improvements to the
methodology used to calculate halibut
mortality, including potential changes
to the reference period (the period of
data used for calculating the DMRs).
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
Catcher vessel
All non-trawl
sectors to respond with methods that
could reduce mortality and, eventually,
the DMR for that sector.
At the October 2023 meeting, the SSC,
AP, and Council recommended halibut
DMRs derived from the revised
methodology, and NMFS proposes
DMRs calculated under the revised
methodology. The proposed 2024 and
2025 DMRs use an updated 2-year
reference period, except pot gear uses an
updated 4-year reference period.
Comparing the proposed 2024 and 2025
DMRs to the final DMRs from the 2023
and 2024 harvest specifications, the
DMR for pelagic trawl gear remained at
100 percent, the DMR for motherships
and CPs using non-pelagic trawl gear
remained at 85 percent, the DMR for
CVs using non-pelagic trawl gear
increased to 63 percent from 62 percent,
the DMR for CPs using hook-and-line
gear decreased to 7 percent from 9
percent, the DMR for CVs using hookand-line gear decreased to 7 percent
from 9 percent, and the DMR for pot
gear remained at 26 percent. Table 13
lists the proposed 2024 and 2025 DMRs.
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TABLE 13—PROPOSED 2024 AND 2025 PACIFIC HALIBUT DISCARD MORTALITY RATES (DMR) FOR THE BSAI
Halibut discard
mortality rate
(percent)
Gear
Sector
Pelagic trawl ...............................................................................
Non-pelagic trawl ........................................................................
Non-pelagic trawl ........................................................................
Hook-and-line .............................................................................
Hook-and-line .............................................................................
All ................................................................................................
Mothership and catcher/processor .............................................
Catcher vessel ............................................................................
Catcher vessel ............................................................................
Catcher/processor ......................................................................
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85
63
7
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84293
TABLE 13—PROPOSED 2024 AND 2025 PACIFIC HALIBUT DISCARD MORTALITY RATES (DMR) FOR THE BSAI—Continued
Halibut discard
mortality rate
(percent)
Gear
Sector
Pot ..............................................................................................
All ................................................................................................
Listed AFA CP Sideboard Limits
Pursuant to § 679.64(a), the Regional
Administrator is responsible for
restricting the ability of listed AFA CPs
to engage in directed fishing for
groundfish species other than pollock to
protect participants in other groundfish
fisheries from adverse effects resulting
from the AFA fishery and from fishery
cooperatives in the directed pollock
fishery. These restrictions are set as
sideboard limits on catch. On February
8, 2019, NMFS published a final rule
(84 FR 2723) that implemented
regulations to prohibit non-exempt AFA
CPs from directed fishing for all
groundfish species or species groups
subject to sideboard limits (see
§ 679.20(d)(1)(iv)(D) and table 54 to 50
CFR part 679). NMFS proposes to
exempt AFA CPs from a yellowfin sole
sideboard limit pursuant to
§ 679.64(a)(1)(v) because the proposed
2024 and 2025 aggregate ITAC of
yellowfin sole assigned to the
Amendment 80 sector and BSAI trawl
limited access sector is greater than
125,000 mt.
Section 679.64(a)(2) and tables 40 and
41 to 50 CFR part 679 establish a
formula for calculating PSC sideboard
limits for halibut and crab caught by
listed AFA CPs. The basis for these
sideboard limits is described in detail in
the final rules implementing the major
provisions of the AFA (67 FR 79692,
December 30, 2002) and Amendment 80
(72 FR 52668, September 14, 2007). PSC
species listed in table 14 that are caught
26
by listed AFA CPs participating in any
groundfish fishery other than pollock
will accrue against the proposed 2024
and 2025 PSC sideboard limits for the
listed AFA CPs. Section
679.21(b)(4)(iii), (e)(3)(v), and (e)(7)
authorize NMFS to close directed
fishing for groundfish other than
pollock for listed AFA CPs once a
proposed 2024 or 2025 PSC sideboard
limit listed in table 14 is reached.
Pursuant to § 679.21(b)(1)(ii)(C) and
(e)(3)(ii)(C), halibut or crab PSC by
listed AFA CPs while fishing for pollock
will accrue against the PSC allowances
annually specified for the pollock/Atka
mackerel/‘‘other species’’ fishery
categories, according to
§ 679.21(b)(1)(ii)(B) and (e)(3)(iv).
TABLE 14—PROPOSED 2024 AND 2025 BSAI AMERICAN FISHERIES ACT LISTED CATCHER/PROCESSOR PROHIBITED
SPECIES SIDEBOARD LIMITS
Halibut mortality BSAI ....................................................................................
Red king crab Zone 1 ....................................................................................
C. opilio (COBLZ) ..........................................................................................
C. bairdi Zone 1 .............................................................................................
C. bairdi Zone 2 .............................................................................................
1 Refer
Proposed 2024 and
2025 PSC available
to trawl vessels after
subtraction of PSQ 2
Ratio of PSC to
total PSC
PSC species and area 1
n/a
0.007
0.153
0.140
0.050
n/a
86,621
3,884,550
875,140
2,652,210
Proposed 2024 and
2025 CP sideboard
limit 2
286
606
594,336
122,520
132,611
to § 679.2 for definitions of areas.
amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
2 Halibut
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AFA CV Sideboard Limits
The Regional Administrator is
responsible for restricting the ability of
listed AFA CVs to engage in directed
fishing for groundfish species other than
pollock to protect participants in other
groundfish fisheries from adverse effects
resulting from the AFA and from fishery
cooperatives in the pollock directed
fishery. These restrictions are set out as
sideboard limits on catch. Section
679.64(b)(3) and (b)(4) and tables 40 and
41 to 50 CFR part 679 establish formulas
for setting AFA CV groundfish and
halibut and crab PSC sideboard limits
for the BSAI. The basis for these
sideboard limits is described in detail in
the final rules implementing the major
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provisions of the AFA (67 FR 79692,
December 30, 2002), Amendment 80 (72
FR 52668, September 14, 2007), and
Amendment 122 (88 FR 53704, August
8, 2023). NMFS proposes to exempt
AFA CVs from a yellowfin sole
sideboard limit pursuant to
§ 679.64(b)(6) because the proposed
2024 and 2025 aggregate ITAC of
yellowfin sole assigned to the
Amendment 80 sector and BSAI trawl
limited access sector is greater than
125,000 mt.
On February 8, 2019, NMFS
published a final rule (84 FR 2723) that
implemented regulations to prohibit
non-exempt AFA CVs from directed
fishing for a majority of the groundfish
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species or species groups subject to
sideboard limits (see
§ 679.20(d)(1)(iv)(D) and table 55 to 50
CFR part 679). The only remaining
sideboard limit for non-exempt AFA
CVs is for Pacific cod. Pursuant to
Amendment 122 to the FMP, the Pacific
cod sideboard limit is no longer
necessary in the A and B seasons
because directed fishing in the BSAI for
Pacific cod by trawl CVs is now
managed under the PCTC Program, and
accordingly the sideboard limit is in
effect in the C season only
(§ 679.64(b)(3)(ii)). Table 15 lists the
proposed 2024 and 2025 AFA CV
Pacific cod sideboard limits.
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TABLE 15—PROPOSED 2024 AND 2025 BSAI PACIFIC COD SIDEBOARD LIMITS FOR AMERICAN FISHERIES ACT CATCHER
VESSELS (CVS)
[Amounts are in metric tons]
Ratio of 1997
AFA CV
catch to TAC
Fishery by area/gear/season
Pacific cod BSAI ....................................................................................................
Trawl gear CV ........................................................................................................
C Season (Jun 10–Nov 1) .....................................................................................
2024 and 2025
initial TAC for
C Season
n/a
n/a
0.8609
2024 and 2025
AFA catcher vessel
sideboard limits
n/a
n/a
3,899
n/a
n/a
3,357
Note: As proposed, § 679.64(b)(6) would exempt AFA CVs from a yellowfin sole sideboard limit because the proposed 2024 and 2025 aggregate ITAC of yellowfin sole assigned to the Amendment 80 sector and BSAI trawl limited access sector is greater than 125,000 mt.
Halibut and crab PSC limits listed in
table 16 that are caught by AFA CVs
participating in any groundfish fishery
other than pollock will accrue against
the 2024 and 2025 PSC sideboard limits
for the AFA CVs. Section
679.21(b)(4)(iii), (e)(3)(v), and (e)(7)
authorize NMFS to close directed
fishing for groundfish other than
pollock for AFA CVs once a proposed
2024 or 2025 PSC sideboard limit listed
in Table 16 is reached. Pursuant to
§ 679.21(b)(1)(ii)(C) and (e)(3)(ii)(C),
halibut or crab PSC by AFA CVs while
fishing for pollock will accrue against
the PSC allowances annually specified
for the pollock/Atka mackerel/‘‘other
species’’ fishery categories under
§ 679.21(b)(1)(ii)(B) and (e)(3)(iv).
TABLE 16—PROPOSED 2024 AND 2025 AMERICAN FISHERIES ACT CATCHER VESSEL PROHIBITED SPECIES CATCH
SIDEBOARD LIMITS FOR THE BSAI 1
AFA catcher
vessel PSC
sideboard limit
ratio
PSC species and area 1
Target fishery category 2
Halibut .........................................
Pacific cod trawl .....................................................................................
Pacific cod hook-and-line or pot ............................................................
Yellowfin sole total .................................................................................
Rock sole/flathead sole/Alaska plaice/other flatfish 4 ............................
Greenland turbot/arrowtooth flounder/Kamchatka flounder/sablefish ...
Rockfish .................................................................................................
Pollock/Atka mackerel/other species 5 ...................................................
n/a ..........................................................................................................
n/a ..........................................................................................................
n/a ..........................................................................................................
n/a ..........................................................................................................
Red king crab Zone 1 .................
C. opilio COBLZ .........................
C. bairdi Zone 1 ..........................
C. bairdi Zone 2 ..........................
n/a
n/a
n/a
n/a
n/a
n/a
n/a
0.2990
0.1680
0.3300
0.1860
Proposed 2024
and 2025 PSC
limit after
subtraction of
PSQ reserves 3
n/a
n/a
n/a
n/a
n/a
n/a
n/a
86,621
3,884,550
875,140
2,652,210
Proposed 2024
and 2025 AFA
catcher vessel
PSC sideboard
limit 3
N/A
2
101
228
............................
2
5
25,900
652,604
288,796
493,311
1 Refer
to § 679.2 for definitions of areas and zones.
fishery categories are defined at § 679.21(b)(1)(ii)(B) and (e)(3)(iv).
amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
4 ‘‘Other flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
5 ‘‘Other species’’ for PSC monitoring includes skates, sharks, and octopuses.
2 Target
3 Halibut
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Classification
NMFS is issuing this proposed rule
pursuant to section 305(d) of the
Magnuson-Stevens Act. Through
previous actions, the FMP and
regulations authorize NMFS to take this
action (50 CFR part 679). The NMFS
Assistant Administrator has
preliminarily determined that the
proposed harvest specifications are
consistent with the FMP, the MagnusonStevens Act, and other applicable laws,
subject to further review and
consideration after public comment.
This action is authorized under 50
CFR 679.20 and is exempt from review
under Executive Order 12866 because it
only implements annual catch limits.
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
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16:10 Dec 04, 2023
Jkt 262001
1512). On February 13, 2007, NMFS
issued the ROD for the Final EIS. A SIR
is being prepared for the final 2024 and
2025 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)
and 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 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.
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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 this proposed rule, if
adopted, would have on small entities.
The IRFA describes (1) the action; (2)
the reasons why this proposed rule is
proposed; (3) the objectives and legal
basis for this proposed rule; (4) the
estimated number and description of
directly regulated small entities to
which this proposed rule would apply;
(5) the recordkeeping, reporting, and
other compliance requirements of this
proposed rule; and (6) 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
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of the Magnuson-Stevens Act, and any
other applicable statutes, and that
would minimize any significant
economic impact of this proposed rule
on small entities. The description of the
proposed action, its purpose, and the
legal basis are explained earlier in the
preamble and are not repeated here.
For RFA purposes only, NMFS has
established a small business size
standard for businesses, including their
affiliates, whose primary industry is
commercial fishing (see 50 CFR 200.2).
A business primarily engaged in
commercial fishing (NAICS code 11411)
is classified as a small business if it is
independently owned and operated, is
not dominant in its field of operation
(including its affiliates) and has
combined annual receipts not in excess
of $11 million for all its affiliated
operations worldwide. A shoreside and
mothership processor primarily
involved in seafood processing (NAICS
code 311710) is classified as a small
business if it is independently owned
and operated, is not dominant in its
field of operation (including its
affiliates), and has combined annual
employment, counting all individuals
employed on a full-time, part-time, or
other basis, not in excess of 750
employees for all its affiliated
operations worldwide.
Number and Description of Small
Entities Regulated by This Proposed
Rule
The entities directly regulated by the
groundfish harvest specifications
include: (1) entities operating vessels
with groundfish Federal fisheries
permits (FFPs) catching FMP groundfish
in Federal waters (including those
receiving direction allocations of
groundfish); (2) all entities operating
vessels, regardless of whether they hold
groundfish FFPs, catching FMP
groundfish in the State-waters parallel
fisheries; and (3) all entities operating
vessels fishing for halibut inside 3 nmi
of the shore (whether or not they have
FFPs). In 2022 (the most recent year of
complete data), there were 135
individual CVs and CPs with gross
revenues less than or equal to $11
million as well as 6 CDQ groups. This
represents the potential suite of directly
regulated small entities. This includes
an estimated 130 small CV and 2 small
CP entities in the BSAI 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
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Jkt 262001
estimate of these 130 CVs may be an
overstatement of the number of small
entities. This latter group of vessels had
average gross revenues that varied by
gear type. Average gross revenues for
hook-and-line CVs, pot gear CVs, and
trawl gear CVs are estimated to be
$800,000, $1.5 million, and $2.7
million, respectively. Average gross
revenues for CP entities are confidential.
There are three AFA cooperative
affiliated motherships, which appear to
fall under the 750-worker threshold and
are therefore small entities. The average
gross revenues for the AFA motherships
are confidential.
Description of Significant Alternatives
That Minimize Adverse Impacts on
Small Entities
The action under consideration is the
proposed 2024 and 2025 harvest
specifications, apportionments, and
prohibited species catch limits for the
groundfish fishery of the BSAI. This
action is necessary to establish harvest
limits for groundfish during the 2024
and 2025 fishing years and is taken in
accordance with the FMP prepared by
the Council pursuant to the MagnusonStevens Act. The establishment of the
proposed harvest specifications is
governed by the Council and NMFS’s
harvest strategy to govern the catch of
groundfish in the BSAI. This strategy
was selected from among five
alternatives, with the preferred
alternative harvest strategy being one in
which the TACs fall within the range of
ABCs recommended by the SSC. Under
the preferred harvest strategy, TACs are
set to a level that falls within the range
of ABCs recommended by the SSC, and
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 the
preferred harvest strategy are those
recommended by the Council in October
2023. OFLs and ABCs for the species
were based on recommendations
prepared by the Council’s Plan Team in
September 2023, and reviewed by the
Council’s SSC in October 2023. The
Council based its TAC
recommendations on those of its AP,
which were consistent with the SSC’s
OFL and ABC recommendations. The
sum of all TACs remains within the OY
for the BSAI consistent with
§ 679.20(a)(1)(i)(A). Because setting all
TACs equal to ABCs would cause the
sum of TACs to exceed an OY of 2
million mt, TACs for some species or
species groups are lower than the ABCs
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84295
recommended by the Plan Team and the
SSC.
The proposed 2024 and 2025 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 2024 and 2025 TACs are based
on the best available biological and
socioeconomic information. The
proposed 2024 and 2025 OFLs, ABCs,
and TACs are consistent with the
biological condition of groundfish
stocks as described in the 2022 SAFE
report, which is the most recently
completed SAFE report.
Under this action, the proposed ABCs
reflect harvest amounts that are less
than the specified overfishing levels.
The proposed TACs are within the range
of proposed ABCs recommended by the
SSC and do not exceed the biological
limits recommended by the SSC (the
ABCs and overfishing levels). For some
species and species groups in the BSAI,
the Council recommended, and NMFS
proposes, proposed TACs equal to
proposed ABCs, which is intended to
maximize harvest opportunities in the
BSAI. However, NMFS cannot set TACs
for all species in the BSAI equal to their
ABCs due to the constraining OY limit
of 2 million mt. For this reason, some
proposed TACs are less than the
proposed ABCs. The specific reductions
were reviewed and recommended by the
Council’s AP, and the Council in turn
adopted the AP’s TAC
recommendations in making its own
recommendations for the proposed 2024
and 2025 TACs.
Based upon the best scientific data
available, and in consideration of the
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 BSAI, including
small entities. The action proposes
TACs for commercially-valuable species
in the BSAI and allows for the
continued prosecution of the fishery,
thereby creating the opportunity for
fishery revenue. After public process
during which the Council solicited
input from stakeholders, the Council
recommended the proposed harvest
specifications, which NMFS determines
would best accomplish the stated
objectives articulated in the preamble
for this proposed rule, and in applicable
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statutes, and would minimize to the
extent practicable adverse economic
impacts on the universe of directly
regulated small entities.
This action does not modify
recordkeeping or reporting
requirements, or duplicate, overlap, or
conflict with any Federal rules.
This proposed rule contains no
information collection requirements
VerDate Sep<11>2014
16:10 Dec 04, 2023
Jkt 262001
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).
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.
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.
[FR Doc. 2023–26707 Filed 12–4–23; 8:45 am]
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Dated: November 30, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 88, Number 232 (Tuesday, December 5, 2023)]
[Proposed Rules]
[Pages 84278-84296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26707]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 231130-0283; RTID 0648-XD454]
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands; Proposed 2024 and 2025 Harvest Specifications for
Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; harvest specifications and request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes 2024 and 2025 harvest specifications,
apportionments, and prohibited species catch allowances for the
groundfish fisheries of the Bering Sea and Aleutian Islands (BSAI)
management area. This action is necessary to establish harvest limits
for groundfish during the 2024 and 2025 fishing years and to accomplish
the goals and objectives of the Fishery Management Plan for Groundfish
of the Bering Sea and Aleutian Islands Management Area (FMP). The 2024
harvest specifications supersede those previously set in the final 2023
and 2024 harvest specifications, and the 2025 harvest specifications
will be superseded in early 2025 when the final 2025 and 2026 harvest
specifications are published. The intended effect of this action is to
conserve and manage the groundfish resources in the BSAI in accordance
with the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act).
DATES: Comments must be received by January 4, 2024.
ADDRESSES: Submit your comments, identified by NOAA-NMFS-2023-0124, by
either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2023-0124 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
Mail: Submit written comments to Gretchen Harrington,
Assistant Regional Administrator, Sustainable Fisheries Division,
Alaska Region NMFS, Attn: Records Office. Mail comments to P.O. Box
21668, Juneau, AK 99802-1668.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record, and NMFS will post the comments for public viewing on
https://www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), 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 2024 SIR for the final
2024 and 2025 harvest specifications will be available from the same
source. The final 2022 Stock Assessment and Fishery Evaluation (SAFE)
report for the groundfish resources of the BSAI, dated November 2022,
is available from the North Pacific Fishery Management Council
(Council) at 1007 West 3rd Ave., Suite 400, Anchorage, Alaska 99501,
phone 907-271-2809, or from the Council's website at https://www.npfmc.org/. The 2023 SAFE report for the BSAI will be available
from the same source.
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
Federal regulations at 50 CFR part 679 implement the FMP and govern
the groundfish fisheries in the BSAI. The Council prepared the FMP, and
NMFS approved it, pursuant to the Magnuson-Stevens Act. General
regulations governing U.S. fisheries also appear at 50 CFR part 600.
The FMP and its implementing regulations require that NMFS, after
consultation with the North Pacific Fishery Management Council
(Council), specify annually the total allowable catch (TAC) for each
target species category. The sum of TACs for all groundfish species in
the BSAI must be within the optimum yield (OY) range of 1.4 million to
2.0 million metric tons (mt) (see Sec. Sec. 679.20(a)(1)(i)(A) and
679.20(a)(2)). Section 679.20(c)(1) further requires that NMFS publish
proposed harvest specifications in the Federal Register and solicit
public comments on proposed annual TACs for each target species and
apportionments thereof; prohibited species catch (PSC) allowances;
prohibited species quota (PSQ) reserves established by Sec. 679.21;
seasonal allowances of pollock, Pacific cod, and Atka mackerel TAC;
American Fisheries Act allocations; Amendment 80 allocations; Community
Development Quota (CDQ) reserve amounts established by Sec.
679.20(b)(1)(ii); and acceptable biological catch (ABC) surpluses and
reserves for CDQ groups and Amendment 80 cooperatives for flathead
sole, rock sole, and yellowfin sole. The proposed harvest
specifications set forth in Tables 1-16 of this action satisfy these
requirements.
Under Sec. 679.20(c)(3), NMFS will publish the final 2024 and 2025
harvest specifications after (1) considering comments received within
the comment period (see DATES), (2) consulting with the Council at its
December 2023 meeting, (3) considering information presented in the
2024 SIR to the Final EIS that assesses the need to prepare a
Supplemental EIS (see ADDRESSES), and (4) considering information
presented in the final 2023 SAFE report prepared for the 2024 and 2025
groundfish fisheries.
Other Actions Affecting or Potentially Affecting the 2024 and 2025
Harvest Specifications
Halibut Abundance-Based Management for the Amendment 80 Program PSC
Limit
On December 9, 2022, NMFS published a proposed rule associated with
Amendment 123 to the FMP (87 FR 75570), which would establish
abundance-based management of
[[Page 84279]]
Amendment 80 Program PSC for Pacific halibut. Upon publication of the
final rule associated with Amendment 123 (publication is pending in
November 2023), the regulations implementing Amendment 123 will replace
the current Amendment 80 sector static halibut PSC limit (1,745 mt)
with a process for annually setting the Amendment 80 sector halibut PSC
limit based on the most recent halibut abundance estimates from the
International Pacific Halibut Commission (IPHC) setline survey index
and the NMFS Alaska Fisheries Science Center (AFSC) Eastern Bering Sea
shelf trawl survey index. The annual process uses a table with pre-
established halibut abundance ranges from those surveys. The annual
Amendment 80 sector halibut PSC limit will be set at the value found at
the intercept of the results from the most recent survey indices. NMFS
will calculate the Amendment 80 sector halibut PSC limit, as well as
the total halibut PSC limit, in the final 2024 and 2025 harvest
specifications.
Pacific Cod Trawl Cooperative Limited Access Privilege Program
On August 8, 2023, NMFS published a final rule to implement
Amendment 122 to the FMP (88 FR 53704, effective September 7, 2023)
(see also a correction published at 88 FR 57009, August 22, 2023). The
final rule establishes a limited access privilege program called the
Pacific Cod Trawl Cooperative (PCTC) Program. The PCTC Program
allocates Pacific cod quota share (QS) to groundfish License Limitation
Program license holders and to processors based on history during the
qualifying years. Under this program, QS holders are required to join
cooperatives annually. Cooperatives are allocated the BSAI trawl
catcher vessel sector's A and B seasons Pacific cod allocation as an
exclusive harvest privilege in the form of cooperative quota,
equivalent to the aggregate QS of all cooperative members. Amendment
122 also reduces the halibut and crab PSC limits for the BSAI trawl
catcher vessel (CV) Pacific cod fishery.
Accordingly, Amendment 122 and its implementing regulations affect
the calculation of the BSAI trawl CV sector allocation of Pacific cod
(discussed in a subsequent section of this rule titled Allocation of
the Pacific Cod TAC) and the BSAI trawl limited access sector crab and
halibut PSC limits (discussed in a subsequent section of this rule
titled Proposed PSC Limits for Halibut, Salmon, Crab, and Herring).
Amendment 122 also removed the regulations at Sec. 679.20(a)(7)(viii)
for Amendment 113 to the FMP because the U.S. District Court for the
District of Columbia vacated the rule implementing Amendment 113
(Groundfish Forum v. Ross, 375 F.Supp.3d 72 (D.D.C. 2019)).
State of Alaska Guideline Harvest Levels
For 2024 and 2025, the Board of Fisheries (BOF) for the State of
Alaska (State) established the guideline harvest level (GHL) for
vessels using pot, longline, jig, and hand troll gear in State waters
in the State's Aleutian Islands subarea (AI) State-waters sablefish
registration area that includes all State waters west of Scotch Cap
Light (164[deg]44.72' W longitude) and south of Cape Sarichef
(54[deg]36' N latitude). The 2024 AI GHL is set at 5 percent of the
combined proposed 2024 Bering Sea (BS) subarea and AI ABC (1,025 mt).
The State's AI sablefish registration area includes areas adjacent to
parts of the Federal BS subarea. Since most of the State's 2024 and
2025 GHL sablefish fishery is expected to occur in State waters
adjacent to the Federal BS subarea, the Council and its BSAI Groundfish
Plan Team (Plan Team), Scientific and Statistical Committee (SSC), and
Advisory Panel (AP) recommended that the sum of all State and Federal
sablefish removals from the BS and AI not exceed the proposed ABC
recommendations for sablefish in the BS and AI.
Accordingly, the Council recommended, and NMFS proposes, that the
2024 and 2025 sablefish TACs in the BS and AI account for the State's
GHLs for sablefish caught in State waters.
For 2024 and 2025, the BOF for the State established the GHL for
vessels using pot gear in State waters in the BS equal to 12 percent of
the Pacific cod ABC in the BS. The BS GHL will increase by one percent
if 90 percent of the GHL is harvested by November 15 of the preceding
year for two consecutive years but may not exceed 15 percent of the BS
ABC. If 90 percent of the GHL is not harvested by November 15 of the
preceding year for two consecutive years, the GHL will decrease by 1
percent, but the GHL may not decrease below 10 percent of the BS ABC.
Based on harvest in 2022 and 2023, the GHL likely will remain at 12
percent in 2024. NMFS will account for any adjustment to the GHL in the
final 2024 and 2025 harvest specifications. For 2024 and 2025, 12
percent of the proposed BS ABC is 16,819 mt. Also, for 2024 and 2025,
the BOF established an additional GHL for vessels using jig gear in
State waters in the BS equal to 45 mt of Pacific cod in the BS. The
Council and its Plan Team, SSC, and AP recommended that the sum of all
State and Federal waters Pacific cod removals from the BS not exceed
the ABC recommendations for Pacific cod in the BS. Accordingly, the
Council recommended, and NMFS proposes, that the 2024 and 2025 Pacific
cod TACs in the BS account for the State's GHLs (total 16,864 mt) for
Pacific cod caught in State waters in the BS.
For 2024 and 2025, the BOF for the State established the GHL in
State waters in the AI be equal to 39 percent of the AI ABC. The AI GHL
will increase annually by 4 percent of the AI ABC if 90 percent of the
GHL is harvested by November 15 of the preceding year but may not
exceed 39 percent of the AI ABC or 15 million pounds (lbs) (6,804 mt).
If 90 percent of the GHL is not harvested by November 15 of the
preceding year for two consecutive years, the GHL will decrease by 4
percent, but the GHL may not decrease below 15 percent of the AI ABC.
Based on harvest in 2022 and 2023, the GHL likely will decrease to 35
percent in 2024. NMFS will account for any adjustment to the GHL in the
final 2024 and 2025 harvest specifications. For 2024 and 2025, 39
percent of the proposed AI ABC is 5,387 mt. The Council and its Plan
Team, SSC, and AP recommended that the sum of all State and Federal
Pacific cod removals from the AI not exceed the ABC recommendations for
Pacific cod in the AI.
Accordingly, the Council recommended, and NMFS proposes, that the
2024 and 2025 Pacific cod TACs in the AI account for the State's GHL
for Pacific cod caught in State waters in the AI.
Proposed ABC and TAC Harvest Specifications
In October 2023, the Council's SSC, its AP, and the Council
reviewed the most recent biological and harvest information on the
condition of the BSAI groundfish stocks. The Plan Team compiled and
presented this information in the final 2022 SAFE report for the BSAI
groundfish fisheries, dated November 2022 (see ADDRESSES). The final
2023 SAFE report, including individual stock assessments, will be
available from the same source and from https://www.fisheries.noaa.gov/alaska/population-assessments/north-pacific-groundfish-stock-assessment-and-fishery-evaluation.
The proposed 2024 and 2025 harvest specifications are based on the
final 2024 harvest specifications published in March 2023 (88 FR 14926,
March 10, 2023), which were set after consideration of the most recent
2022
[[Page 84280]]
SAFE report and are based on the initial survey data that were
presented at the September 2023 Plan Team meeting. The SAFE report
contains a review of the latest scientific analyses and estimates of
each species' biomass and other biological parameters including
possible future condition of the stocks, as well as summaries of the
available information on the BS and AI ecosystems and the economic
condition of the groundfish fisheries off Alaska. The SAFE report
provides information to the Council and NMFS for recommending and
setting, respectively, annual harvest levels for each stock,
documenting significant trends or changes in the resource, marine
ecosystems, and fisheries over time, and assessing the relative success
of existing Federal fishery management programs. An appendix to the
SAFE report is the Ecosystem Status Reports (ESRs). The ESRs compile
and summarize information about the status of the Alaska marine
ecosystems for the SSC, AP, Council, NMFS, and the public, and they are
updated annually. These ESRs include ecosystem report cards, ecosystem
assessments, and ecosystem status indicators (i.e., climate indices,
sea surface temperature), which together provide context for ecosystem-
based fisheries management in Alaska. The ESRs inform stock assessments
and are integrated in the annual harvest recommendations through
inclusion in stock assessment-specific risk tables. Also, the ESRs
provide context for the SSC's recommendations for overfishing levels
(OFL) and ABCs, as well as for the Council's TAC recommendations. The
SAFE reports and the ESRs are presented at the October and December
Council meetings before the SSC, AP, and the Council make groundfish
harvest recommendations and aid NMFS in implementing these annual
groundfish harvest specifications.
In addition to the 2022 SAFE report, the Plan Team, SSC, and
Council also reviewed preliminary survey data from 2023 surveys,
updates on ecological and socioeconomic profiles for certain species,
and summaries of potential changes to models and methodologies. From
these data and analyses, the Plan Team recommends, and the SSC sets,
the proposed OFL and ABC for each species and species group. The
proposed 2024 and 2025 harvest specifications in this action are
subject to change in the final harvest specifications to be published
by NMFS following the Council's December 2023 meeting.
In November 2023, the Plan Team will update the 2022 SAFE report to
include new information collected during 2023, such as NMFS stock
surveys, revised stock assessments, and catch data. The Plan Team will
compile this information and present the draft 2023 SAFE report at the
December 2023 Council meeting. At that meeting, the SSC and the Council
will review the 2023 SAFE report, and the Council will approve the 2023
SAFE report. The Council will consider information in the 2023 SAFE
report, recommendations from the November 2023 Plan Team meeting and
December 2023 SSC and AP meetings, public testimony, and relevant
written comments in making its recommendations for the final 2024 and
2025 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.
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 or the models' results used for producing stock assessments. Any
changes to models used in stock assessments will be recommended by the
Plan Team in November 2023, reviewed by the SSC in December 2023, and
then included in the final 2023 SAFE report. Model changes can result
in changes to final OFLs, ABCs, and TACs. The final 2023 SAFE report
will include the most recent information (e.g., catch data).
The final harvest specification amounts for these stocks are not
expected to significantly vary from these proposed harvest
specification amounts. If the 2023 SAFE report indicates that the stock
biomass trend is increasing for a species, then the final 2024 and 2025
harvest specifications may reflect an increase from the proposed
harvest specifications. Conversely, if the 2023 SAFE report indicates
that the stock biomass trend is decreasing for a species, then the
final 2024 and 2025 harvest specifications may reflect a decrease from
the proposed harvest specifications. In addition to changes driven by
biomass trends, there may be changes in TACs due to the sum of ABCs
exceeding 2 million mt. Since the regulations require the sum of all
TACs to be set to an OY between 1.4 and 2 million mt, the Council may
be required to recommend TACs that are lower than the ABCs recommended
by the Plan Team and the SSC, if setting all TACs equal to ABCs would
cause the sum of TACs to exceed an OY of 2 million mt. Generally, total
ABCs greatly exceed 2 million mt in years with a large pollock biomass.
For both 2024 and 2025, NMFS anticipates that the sum of the final ABCs
will exceed 2 million mt. Historically, the sum of the final TACs has
been close to or equal to 2 million mt.
The proposed 2024 and 2025 OFLs and ABCs are based on the best
available biological and scientific information, including projected
biomass trends, information on assumed distribution of stock biomass,
and revised technical methods used to calculate stock biomass. The FMP
specifies a series of six tiers to define OFLs and ABCs based on the
level of reliable information available to fishery scientists. Tier 1
represents the highest level of information quality available, while
Tier 6 represents the lowest. The proposed 2024 and 2025 TACs are based
on the best available biological and socioeconomic information.
In October 2023, the SSC adopted the proposed 2024 and 2025 OFLs
and ABCs recommended by the Plan Team for all groundfish. In making its
recommendations, the Council adopted the SSC's OFL and ABC
recommendations. The OFL and ABC amounts are unchanged from the final
2024 harvest specifications published in the Federal Register on March
10, 2023 (88 FR 14926) (see also a correction at 88 FR 18258, March 28,
2023). The sum of the proposed 2024 and 2025 ABCs for all assessed
groundfish is 3,569,366 mt. The sum of the proposed TACs is 2,000,000
mt.
Specification and Apportionment of TAC Amounts
The Council recommended proposed 2024 and 2025 TACs that are equal
to the proposed ABCs for 2024 and 2025 BS and AI Greenland turbot, BSAI
Kamchatka flounder, Central AI Atka mackerel, BS Pacific ocean perch,
Central AI Pacific ocean perch, Eastern AI Pacific ocean perch, BS and
Eastern AI (BS/EAI) blackspotted and rougheye rockfish, Central AI and
Western AI blackspotted and rougheye rockfish, BS and AI shortraker
rockfish, and BS and AI ``other rockfish.'' The Council recommended
proposed TACs less than the respective proposed ABCs for all other
species. TACs for some species are reduced so that the overall TAC does
not exceed the BSAI OY.
[[Page 84281]]
The proposed groundfish OFLs, ABCs, and TACs are subject to change
pending the completion of the final 2023 SAFE report, public comment,
and the Council's recommendations for the final 2024 and 2025 harvest
specifications during its December 2023 meeting. These proposed amounts
are consistent with the biological condition of groundfish stocks as
described in the 2022 SAFE report. The proposed ABCs reflect harvest
amounts that are less than the specified overfishing levels. The
proposed TACs have been adjusted for other biological information and
socioeconomic considerations, including maintaining the entire TAC
within the required OY range. Pursuant to Section 3.2.3.4.1 of the FMP,
the Council could recommend adjusting the final TACs ``if warranted on
the basis of bycatch considerations, management uncertainty, or
socioeconomic considerations; or if required in order to cause the sum
of the TACs to fall within the OY range.'' Table 1 lists the proposed
2024 and 2025 OFL, ABC, TAC, initial TAC (ITAC), and CDQ amounts for
groundfish for the BSAI. The proposed apportionment of TAC amounts
among fisheries and seasons is discussed below.
Table 1--Proposed 2024 and 2025 Overfishing Level (OFL), Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), and CDQ
Reserve Allocation of Groundfish in the BSAI \1\
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Proposed 2024 and 2025
--------------------------------------------------------------------------------
Species Area Nonspecified
OFL ABC TAC ITAC \2\ CDQ 3 4 reserves
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock \4\............................ BS............................ 4,639,000 2,275,000 1,302,000 1,171,800 130,200 ..............
AI............................ 52,043 43,092 19,000 17,100 1,900 ..............
Bogoslof...................... 115,146 86,360 300 300 ........... ..............
Pacific cod \5\........................ BS............................ 166,814 140,159 123,295 110,102 13,193 ..............
AI............................ 18,416 13,812 8,425 7,524 901 ..............
Sablefish \6\.......................... Alaska-wide................... 48,561 41,539 n/a n/a n/a ..............
BS............................ n/a 10,185 9,676 4,112 1,330 363
AI............................ n/a 10,308 9,793 2,081 1,653 184
Yellowfin sole......................... BSAI.......................... 495,155 462,890 230,656 205,976 24,680 ..............
Greenland turbot....................... BSAI.......................... 3,947 3,364 3,364 2,859 n/a ..............
BS............................ n/a 2,836 2,836 2,411 303 122
AI............................ n/a 528 528 449 ........... 79
Arrowtooth flounder.................... BSAI.......................... 103,070 87,511 15,000 12,750 1,605 645
Kamchatka flounder..................... BSAI.......................... 8,776 7,435 7,435 6,320 ........... 1,115
Rock sole \7\.......................... BSAI.......................... 196,011 119,969 66,000 58,938 7,062 ..............
Flathead sole \8\...................... BSAI.......................... 81,167 66,927 35,500 31,702 3,799 ..............
Alaska plaice.......................... BSAI.......................... 43,328 36,021 18,000 15,300 ........... 2,700
Other flatfish \9\..................... BSAI.......................... 22,919 17,189 4,500 3,825 ........... 675
Pacific Ocean perch.................... BSAI.......................... 49,279 41,322 38,264 33,667 n/a ..............
BS............................ n/a 11,700 11,700 9,945 ........... 1,755
EAI........................... n/a 8,013 8,013 7,156 857 ..............
CAI........................... n/a 5,551 5,551 4,957 594 ..............
WAI........................... n/a 16,058 13,000 11,609 1,391 ..............
Northern rockfish...................... BSAI.......................... 22,105 18,135 11,000 9,350 ........... 1,650
Blackspotted /Rougheye rockfish \10\... BSAI.......................... 763 570 570 485 ........... 86
BS/EAI........................ n/a 388 388 330 ........... 58
CAI/WAI....................... n/a 182 182 155 ........... 27
Shortraker rockfish.................... BSAI.......................... 706 530 530 451 ........... 80
Other rockfish \11\.................... BSAI.......................... 1,680 1,260 1,260 1,071 ........... 189
BS............................ n/a 880 880 748 ........... 132
AI............................ n/a 380 380 323 ........... 57
Atka mackerel.......................... BSAI.......................... 101,188 86,464 66,855 59,702 7,153 ..............
EAI/BS........................ n/a 37,958 30,000 26,790 3,210 ..............
CAI........................... n/a 15,218 15,218 13,590 1,628 ..............
WAI........................... n/a 33,288 21,637 19,322 2,315 ..............
Skates................................. BSAI.......................... 44,168 36,837 27,927 23,738 ........... 4,189
Sharks................................. BSAI.......................... 689 450 250 213 ........... 38
Octopuses.............................. BSAI.......................... 4,769 3,576 400 340 ........... 60
--------------------------------------------------------------------------------
Total.............................. BSAI.......................... 6,219,700 3,569,366 2,000,000 1,779,703 196,622 13,929
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these
harvest specifications, the Bering Sea subarea (BS) includes the Bogoslof District.
\2\ Except for pollock, the portion of the sablefish TAC allocated to fixed gear, and the Amendment 80 species (Atka mackerel, flathead sole, rock sole,
yellowfin sole, Pacific cod, and Aleutian Islands (AI) Pacific ocean perch), 15 percent of each TAC is put into a nonspecified reserve. The ITAC for
these species is the remainder of the TAC after subtraction of the reserves. For pollock and Amendment 80 species, ITAC is the non-CDQ allocation of
TAC (see footnote 3 and 4).
\3\ For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and AI Pacific ocean perch), 10.7 percent of the
TAC is reserved for use by CDQ participants (see Sec. 679.20(b)(1)(ii)(C)). Twenty percent of the sablefish TAC allocated to fixed gear, 7.5 percent
of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for BS Greenland turbot and BSAI arrowtooth flounder are reserved for use
by CDQ participants (see Sec. 679.20(b)(1)(ii)(B) and (D)). The 2025 fixed gear portion of the sablefish ITAC and CDQ reserve will not be specified
until the final 2025 and 2026 harvest specifications. AI Greenland turbot, ``other flatfish,'' Alaska plaice, BS Pacific ocean perch, Kamchatka
flounder, northern rockfish, shortraker rockfish, blackspotted and rougheye rockfish, ``other rockfish,'' skates, sharks, and octopuses are not
allocated to the CDQ Program.
\4\ Under Sec. 679.20(a)(5)(i)(A), the annual BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second
for the incidental catch allowance (50,000 mt), is further allocated by sector for a pollock directed fishery as follows: inshore--50 percent; catcher/
processor--40 percent; and motherships--10 percent. Section 679.20(a)(5)(iii)(B)(1) requires the AI pollock TAC to be set at 19,000 mt when the AI
pollock ABC equals or exceeds 19,000 mt. Under Sec. 679.20(a)(5)(iii)(B)(2), the annual AI pollock TAC, after subtracting first for the CDQ directed
fishing allowance (10 percent) and second for the incidental catch allowance (3,420 mt), is allocated to the Aleut Corporation for a pollock directed
fishery. The Bogoslof pollock TAC is set to accommodate incidental catch amounts.
\5\ The proposed BS Pacific cod TAC is set to account for 12 percent, plus 45 mt, of the BS ABC for the State of Alaska's (State) guideline harvest
level in State waters of the BS. The proposed AI Pacific cod TAC is set to account for 39 percent (5,387 mt) of the AI ABC for the State guideline
harvest level in State waters of the AI.
\6\ The sablefish OFL and ABC are Alaska-wide and include the Gulf of Alaska. The Alaska-wide sablefish OFL and ABC are included in the total OFL and
ABC. The BS and AI sablefish TACs are set to account for the 5 percent of the BS and AI ABC for the State of Alaska's (State) guideline harvest level
in State waters of the BS and AI.
\7\ ``Rock sole'' includes Lepidopsetta polyxystra (Northern rock sole).
[[Page 84282]]
\8\ ``Flathead sole'' includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
\9\ ``Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole,
Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
\10\ ``Blackspotted/Rougheye rockfish'' includes Sebastes melanostictus (blackspotted) and Sebastes aleutianus (rougheye).
\11\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, dark rockfish, northern rockfish, shortraker
rockfish, and blackspotted/rougheye rockfish.
Note: Regulatory areas and districts are defined at Sec. 679.2 (BSAI = Bering Sea and Aleutian Islands management area, BS = Bering Sea subarea, AI =
Aleutian Islands subarea, EAI = Eastern Aleutian district, CAI = Central Aleutian district, WAI = Western Aleutian district.)
Groundfish Reserves and the Incidental Catch Allowance (ICA) for
Pollock, Atka Mackerel, Flathead Sole, Rock Sole, Yellowfin Sole, and
AI Pacific Ocean Perch
Section 679.20(b)(1)(i) requires NMFS to reserve 15 percent of the
TAC for each target species category (except for pollock, fixed gear
allocation of sablefish, and Amendment 80 species) in a nonspecified
reserve. Section 679.20(b)(1)(ii)(B) requires that NMFS allocate 20
percent of the fixed gear allocation of sablefish to the fixed gear
sablefish CDQ reserve for each subarea. Section 679.20(b)(1)(ii)(D)
requires that NMFS allocate 7.5 percent of the trawl gear allocation of
sablefish for each subarea and 10.7 percent of BS Greenland turbot and
BSAI arrowtooth flounder TACs to the respective CDQ reserves. Section
679.20(b)(1)(ii)(C) requires that NMFS allocate 10.7 percent of the
TACs for Atka mackerel, AI Pacific ocean perch, yellowfin sole, rock
sole, flathead sole, and Pacific cod (the Amendment 80 allocated
species) to the respective CDQ reserves.
Sections 679.20(a)(5)(i)(A) and 679.31(a) require allocation of 10
percent of the BS pollock TAC to the pollock CDQ directed fishing
allowance (DFA). Sections 679.20(a)(5)(iii)(B)(2)(i) and 679.31(a)
require 10 percent of the AI pollock TAC be allocated to the pollock
CDQ DFA. The entire Bogoslof District pollock TAC is allocated as an
incidental catch allowance (ICA) pursuant to Sec. 679.20(a)(5)(ii)
because the Bogoslof District is closed to directed fishing for pollock
by regulation (Sec. 679.22(a)(7)(B)). With the exception of the fixed
gear sablefish CDQ reserve, the regulations do not further apportion
the CDQ reserves by gear.
Pursuant to Sec. 679.20(a)(5)(i)(A)(1), NMFS proposes a pollock
ICA of 50,000 mt of the BS pollock TAC after subtracting the 10 percent
CDQ DFA. This allowance is based on NMFS's examination of the pollock
incidentally retained and discarded catch, including the incidental
catch by CDQ vessels, in target fisheries other than pollock from 2000
through 2023. During this 24-year period, the pollock incidental catch
ranged from a low of 2.2 percent in 2006 to a high of 4.6 percent in
2014, with a 23-year average of 3 percent. Pursuant to Sec.
679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS proposes a pollock ICA of 20
percent or 3,420 mt of the AI pollock TAC after subtracting the 10
percent CDQ DFA. This allowance is based on NMFS's examination of the
pollock incidental catch, including the incidental catch by CDQ
vessels, in target fisheries other than pollock from 2003 through 2023.
During this 21-year period, the incidental catch of pollock ranged from
a low of 5 percent in 2015 to a high of 20 percent in 2023, with a 10-
year average of 12 percent in the most recent ten years.
After subtracting the 10.7 percent CDQ reserve and pursuant to
Sec. 679.20(a)(8) and (10), NMFS proposes ICAs of 3,000 mt of flathead
sole, 6,000 mt of rock sole, 4,000 mt of yellowfin sole, 10 mt of
Western Aleutian district Pacific ocean perch, 60 mt of Central
Aleutian district Pacific ocean perch, 100 mt of Eastern Aleutian
district Pacific ocean perch, 20 mt of Western Aleutian district Atka
mackerel, 75 mt of Central Aleutian district Atka mackerel, and 800 mt
of Eastern Aleutian district and BS Atka mackerel. These ICAs are based
on NMFS's examination of the incidental catch in other target fisheries
from 2003 through 2023.
The regulations do not designate the remainder of the nonspecified
reserve by species or species group. Any amount of the reserve may be
apportioned to a target species that contributed to the nonspecified
reserve during the year, provided that such apportionments are
consistent with Sec. 679.20(a)(3) and do not result in overfishing
(see Sec. 679.20(b)(1)(i)). In the final 2024 and 2025 harvest
specifications, NMFS will evaluate whether any apportionments are
necessary and may apportion from the nonspecified reserve to increase
the ITAC for any target species that contributed to the reserve.
Allocations of Pollock TAC Under the American Fisheries Act (AFA)
Section 679.20(a)(5)(i)(A) requires that BS pollock TAC be
apportioned as a DFA, after subtracting 10 percent for the CDQ Program
and 50,000 for the ICA, as follows: 50 percent to the inshore sector,
40 percent to the catcher/processor (CP) sector, and 10 percent to the
mothership sector. In the BS, 45 percent of the DFAs are allocated to
the A season (January 20 to June 10), and 55 percent of the DFAs are
allocated to the B season (June 10 to November 1) (Sec. Sec.
679.20(a)(5)(i)(B)(1) and 679.23(e)(2)). The AI directed pollock
fishery allocation to the Aleut Corporation is the amount of pollock
TAC remaining in the AI after subtracting 1,900 mt for the CDQ DFA (10
percent), and 3,420 mt for the ICA (Sec. 679.20(a)(5)(iii)(B)(2)). In
the AI, the total A season apportionment of the pollock TAC (including
the AI directed fishery allocation, the CDQ DFA, and the ICA) may not
exceed 40 percent of the ABC for AI pollock, and the remainder of the
pollock TAC is allocated to the B season (Sec.
679.20(a)(5)(iii)(B)(3)). Table 2 lists these proposed 2024 and 2025
amounts. Within any fishing year, any under harvest or over harvest of
a seasonal allowance may be added to or subtracted from a subsequent
seasonal allowance (Sec. Sec. 679.20(a)(5)(i)(B)(2) and
679.20(a)(5)(iii)(B)(3)(iii)).
Section 679.20(a)(5)(iii)(B)(6) sets harvest limits for pollock in
the A season (January 20 to June 10) in Areas 543, 542, and 541. In
Area 543, the A season pollock harvest limit is no more than 5 percent
of the AI pollock ABC. In Area 542, the A season pollock harvest limit
is no more than 15 percent of the AI pollock ABC. In Area 541, the A
season pollock harvest limit is no more than 30 percent of the AI
pollock ABC.
Section 679.20(a)(5)(i)(A)(4) includes several specific
requirements regarding BS pollock allocations. First, it requires that
8.5 percent of the pollock allocated to the CP sector be available for
harvest by American Fisheries Act (AFA) CVs with CP sector
endorsements, unless the Regional Administrator receives a cooperative
contract that allows the distribution of harvest among AFA CPs and AFA
CVs in a manner agreed to by all members. Second, AFA CPs not listed in
the AFA are limited to harvesting no more than 0.5 percent of the
pollock allocated to the CP sector. Table 2 lists the proposed 2024 and
2025 allocations of pollock TAC. Tables 14, 15, and 16 list the AFA CP
and CV harvesting sideboard limits. The BS inshore pollock cooperative
and open access sector allocations are based on the submission of AFA
inshore cooperative applications due to NMFS on December 1 of each
calendar year. Because AFA inshore cooperative
[[Page 84283]]
applications for 2024 have not been submitted to NMFS, and NMFS
therefore cannot calculate 2024 allocations, NMFS has not included
inshore cooperative tables in these proposed harvest specifications.
NMFS will post the 2024 AFA inshore pollock cooperative and open access
sector allocations on the Alaska Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports prior to the start of the fishing year on January 1,
2024, based on the harvest specifications effective on that date.
Table 2 lists proposed seasonal apportionments of pollock and
harvest limits within the Steller Sea Lion Conservation Area (SCA). The
harvest of pollock within the SCA, as defined at Sec.
679.22(a)(7)(vii), is limited to no more than 28 percent of the annual
pollock DFA before 12 p.m. (noon), April 1, as provided in Sec.
679.20(a)(5)(i)(C). The A season pollock SCA harvest limit will be
apportioned to each sector in proportion to each sector's allocated
percentage of the DFA.
Table 2--Proposed 2024 and 2025 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ
Directed Fishing Allowances (DFA) \1\
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
A season \1\ B season
----------------------------- \1\
Area and sector 2024 and 2025 ------------
Allocations A season SCA harvest B season
DFA limit \2\ DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC............................... 1,302,000 n/a n/a n/a
CDQ DFA.............................................. 130,200 58,590 36,456 71,610
ICA \1\.............................................. 50,000 n/a n/a n/a
Total Bering Sea DFA (non-CDQ)....................... 1,121,800 504,810 314,104 616,990
AFA Inshore.......................................... 560,900 252,405 157,052 308,495
AFA Catcher/Processors \3\........................... 448,720 201,924 125,642 246,796
Catch by CPs..................................... 410,579 184,760 n/a 225,818
Catch by CVs \3\................................. 38,141 17,164 n/a 20,978
Unlisted CP Limit \4\............................ 2,244 1,010 n/a 1,234
AFA Motherships...................................... 112,180 50,481 31,410 61,699
Excessive Harvesting Limit \5\....................... 196,315 n/a n/a n/a
Excessive Processing Limit \6\....................... 336,540 n/a n/a n/a
Aleutian Islands subarea ABC......................... 43,092 n/a n/a n/a
Aleutian Islands subarea TAC......................... 19,000 n/a n/a n/a
CDQ DFA.............................................. 1,900 1,894 n/a 6
ICA.................................................. 3,420 1,710 n/a 1,710
Aleut Corporation.................................... 13,680 13,633 n/a 47
Area harvest limit \7\............................... n/a n/a n/a n/a
541.............................................. 12,928 n/a n/a n/a
542.............................................. 6,464 n/a n/a n/a
543.............................................. 2,155 n/a n/a n/a
Bogoslof District ICA \8\............................ 300 n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the annual Bering Sea subarea pollock TAC, after subtracting the CDQ
DFA (10 percent) and the ICA (50,000 mt), is allocated as a DFA as follows: inshore sector--50 percent,
catcher/processor sector (CPs)--40 percent, and mothership sector--10 percent. In the Bering Sea subarea, 45
percent of the DFA and CDQ DFA are allocated to the A season (January 20-June 10) and 55 percent of the DFA
and CDQ DFA are allocated to the B season (June 10-November 1). Pursuant to Sec. 679.20(a)(5)(iii)(B)(2),
the annual Aleutian Islands subarea pollock TAC, after subtracting first for the CDQ DFA (10 percent) and
second for the ICA (3,420 mt), is allocated to the Aleut Corporation for a directed pollock fishery. In the
Aleutian Islands subarea, the A season is allocated up to 40 percent of the AI pollock ABC.
\2\ In the Bering Sea subarea, pursuant to Sec. 679.20(a)(5)(i)(C), no more than 28 percent of each sector's
annual DFA may be taken from the SCA before noon, April 1. The SCA is defined at Sec. 679.22(a)(7)(vii).
\3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), 8.5 percent of the DFA allocated to listed CPs shall be available
for harvest only by eligible catcher vessels with a CP endorsement delivering to listed CPs, unless there is a
cooperative contract for the year.
\4\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted CPs are limited to harvesting not more than
0.5 percent of the C/P sector's allocation of pollock.
\5\ Pursuant to Sec. 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
percent of the sum of the non-CDQ pollock DFAs.
\6\ Pursuant to Sec. 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30
percent of the sum of the non-CDQ pollock DFAs.
\7\ Pursuant to Sec. 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
Area 541 no more than 30 percent, in Area 542 no more than 15 percent, and in Area 543 no more than 5 percent
of the Aleutian Islands pollock ABC.
\8\ Pursuant to Sec. 679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The
amounts specified are for incidental catch only and are not apportioned by season or sector.
Allocation of the Atka Mackerel TACs
Section 679.20(a)(8) allocates the Atka mackerel TACs to the
Amendment 80 and BSAI trawl limited access sectors, after subtracting
the CDQ reserves, ICAs for the BSAI trawl limited access sector and
non-trawl gear sector, and the jig gear allocation (table 3). The
percentage of the ITAC for Atka mackerel allocated to the Amendment 80
and BSAI trawl limited access sectors is listed in table 33 to 50 CFR
part 679 and in Sec. 679.91. Pursuant to Sec. 679.20(a)(8)(i), up to
2 percent of the Eastern Aleutian district and BS subarea Atka mackerel
TAC may be allocated to vessels using jig gear. The percent of this
allocation is recommended annually by the Council based on several
criteria, including the anticipated harvest capacity of the jig gear
fleet. The Council recommended, and NMFS proposes, a 0.5 percent
allocation of the Atka mackerel TAC in the Eastern Aleutian district
and BS subarea to the jig sector gear in 2024 and 2025.
Section 679.20(a)(8)(ii)(A) apportions the Atka mackerel TAC, after
subtraction of the jig gear allocation, into two equal seasonal
allowances. Section 679.23(e)(3) sets the first
[[Page 84284]]
seasonal allowance for directed fishing with trawl gear from January 20
through June 10 (A season), and the second seasonal allowance from June
10 through December 31 (B season). Section 679.23(e)(4)(iii) applies
Atka mackerel seasons to trawl CDQ Atka mackerel fishing. Within any
fishing year, any under harvest or over harvest of a seasonal allowance
may be added to or subtracted from a subsequent seasonal allowance
(Sec. 679.20(a)(8)(ii)(B)). The ICA and jig gear allocations are not
apportioned by season.
Sections 679.20(a)(8)(ii)(C)(1)(i) and (ii) limit Atka mackerel
catch within waters 0 nautical miles (nmi) to 20 nmi of Steller sea
lion sites listed in table 6 to 50 CFR part 679 and located west of
178[deg] W longitude to no more than 60 percent of the annual TACs in
Areas 542 and 543, and equally divides that annual harvest limit
between the A and B seasons as defined at Sec. 679.23(e)(3). Section
679.20(a)(8)(ii)(C)(2) requires that the annual TAC in Area 543 will be
no more than 65 percent of the ABC in Area 543. Section
679.20(a)(8)(ii)(D) requires that any unharvested Atka mackerel A
season allowance that is added to the B season be prohibited from being
harvested within waters 0-20 nmi of Steller sea lion sites listed in
table 6 to 50 CFR part 679 and located in Areas 541, 542, and 543.
Table 3 lists the proposed 2024 and 2025 Atka mackerel season
allowances, area allowances, and the sector allocations. One Amendment
80 cooperative has been formed for the 2024 fishing year. Because all
Amendment 80 vessels are part of the sole cooperative, no allocation to
the Amendment 80 limited access sector is required for 2024. The 2025
allocations for Atka mackerel between Amendment 80 cooperatives and the
Amendment 80 limited access sector will not be known until eligible
participants apply for participation in the program by November 1,
2024. NMFS will post the 2025 Amendment 80 cooperatives and Amendment
80 limited access sector allocations on the Alaska Region website at
https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska prior to the start of the fishing year on
January 1, 2025, based on the harvest specifications effective on that
date.
Table 3--Proposed 2024 and 2025 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch
Allowance (ICA), and Amendment 80 Allocations of the BSAI Atka Mackerel TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2024 and 2025 Allocation by area
-----------------------------------------------------------
Sector \1\ Season 2 3 4 Eastern Aleutian
district/Bering Central Aleutian Western Aleutian
Sea district \5\ district \5\
----------------------------------------------------------------------------------------------------------------
TAC............................. n/a............... 30,000 15,218 21,637
CDQ reserve..................... Total............. 3,210 1,628 2,315
A................. 1,605 814 1,158
Critical habitat n/a 488 695
\5\.
B................. 1,605 814 1,158
Critical habitat n/a 488 695
\5\.
non-CDQ TAC..................... n/a............... 26,790 13,590 19,322
ICA............................. Total............. 800 75 20
Jig \6\......................... Total............. 130 .................. ..................
BSAI trawl limited access....... Total............. 2,586 1,351 ..................
A................. 1,293 676 ..................
Critical habitat n/a 405 ..................
\5\.
B................. 1,293 676 ..................
Critical habitat n/a 405 ..................
\5\.
Amendment 80 \7\................ Total............. 23,274 12,163 19,302
A................. 11,637 6,082 9,651
Critical habitat n/a 3,649 5,791
\5\.
B................. 11,637 6,082 9,651
Critical habitat n/a 3,649 5,791
\5\.
----------------------------------------------------------------------------------------------------------------
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and the
jig gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for
Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in table 33 to 50 CFR
part 679 and Sec. 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec.
679.20(b)(1)(ii)(C)).
\2\ Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel
fishery.
\3\ The seasonal allowances of Atka mackerel for the CDQ reserve, BSAI trawl limited access sector, and
Amendment 80 sector are 50 percent in the A season and 50 percent in the B season.
\4\ Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from
January 20 to June 10, and the B season from June 10 to December 31.
\5\ Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to
be caught inside of Steller sea lion critical habitat; section 679.20(a)(8)(ii)(C)(1)(ii) equally divides the
annual harvest limit between the A and B seasons as defined at Sec. 679.23(e)(3); and Sec.
679.20(a)(8)(ii)(C)(2) requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
\6\ Sections 679.2 and 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian District and Bering
Sea subarea TAC be allocated to jig gear after subtraction of the CDQ reserve and ICA. The proposed amount of
this allocation is 0.5 percent. The jig gear allocation is not apportioned by season.
\7\ The 2025 allocations for Atka mackerel between Amendment 80 cooperatives and the Amendment 80 limited access
sector will not be known until eligible participants apply for participation in the program by November 1,
2024.
Allocation of the Pacific Cod TAC
The Council separated the BSAI OFL, ABC, and TAC into BS and AI
subarea OFLs, ABCs, and TACs for Pacific cod in 2014 (79 FR 12108,
March 4, 2014). Section 679.20(b)(1)(ii)(C) allocates 10.7 percent of
the BS TAC and the AI TAC to the CDQ Program. After CDQ allocations
have been deducted from the respective BS and AI Pacific cod TACs, the
remaining BS and AI Pacific cod TACs are combined for calculating
further BSAI Pacific cod sector allocations and seasonal allowances. If
[[Page 84285]]
the non-CDQ Pacific cod TAC is or will be reached in either the BS or
the AI subareas, NMFS will prohibit directed fishing for non-CDQ
Pacific cod in that subarea, as provided in Sec. 679.20(d)(1)(iii).
Section 679.20(a)(7)(ii) allocates to the non-CDQ sectors the
combined BSAI Pacific cod TAC, after subtracting 10.7 percent for the
CDQ Program, as follows: 1.4 percent to vessels using jig gear, 2.0
percent to hook-and-line or pot CVs less than 60 feet (ft) (18.3 meters
(m)) length overall (LOA), 0.2 percent to hook-and-line CVs greater
than or equal to 60 ft (18.3 m) LOA, 48.7 percent to hook-and-line CPs,
8.4 percent to pot CVs greater than or equal to 60 ft (18.3 m) LOA, 1.5
percent to pot CPs, 2.3 percent to AFA trawl CPs, 13.4 percent to the
Amendment 80 sector, and 22.1 percent to trawl CVs. The BSAI ICA for
the hook-and-line and pot sectors will be deducted from the aggregate
portion of BSAI Pacific cod TAC allocated to the hook-and-line and pot
sectors. For 2024 and 2025, the Regional Administrator proposes a BSAI
ICA of 500 mt, based on anticipated incidental catch by these sectors
in other fisheries. During the fishing year, NMFS may reallocate
unharvested Pacific cod among sectors, consistent with the reallocation
hierarchy set forth at Sec. 679.20(a)(7)(iii).
The BSAI ITAC allocation of Pacific cod to the Amendment 80 sector
is established in table 33 to 50 CFR part 679 and Sec. 679.91. One
Amendment 80 cooperative has been formed for the 2024 fishing year.
Because all Amendment 80 vessels are part of the sole cooperative, no
allocation to the Amendment 80 limited access sector is required for
2024. The 2025 allocations for Pacific cod between Amendment 80
cooperatives and the Amendment 80 limited access sector will not be
known until eligible participants apply for participation in the
program by November 1, 2024. NMFS will post the 2025 Amendment 80
cooperatives and Amendment 80 limited access fishery allocations on the
Alaska Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska prior to the start
of the fishing year on January 1, 2025, based on the harvest
specifications effective on that date.
The BSAI ITAC allocation of Pacific cod to the PCTC Program is
established in Sec. 679.131(b). Section 679.131(b)(1)(i) also requires
NMFS to establish an ICA for incidental catch of Pacific cod by trawl
CVs engaged in directed fishing for groundfish other than PCTC Program
Pacific cod. In the annual harvest specification process, NMFS
determines the Pacific cod trawl catcher vessel TAC and the annual
apportionment of Pacific cod in the A and B seasons between the PCTC
Program DFA and the ICA (Sec. 679.131(b)(2)) (Table 4 below). The
allocations to PCTC Program cooperatives are not included in these
proposed harvest specifications. PCTC Program cooperative applications
are not due to NMFS until November 1, 2023; therefore, NMFS cannot
calculate 2024 and 2025 allocations in conjunction with these proposed
harvest specifications (Sec. 679.131(b)). After receiving the PCTC
Program applications, NMFS will calculate the 2024 and 2025 allocations
for PCTC Program cooperatives, as set forth in in Sec. 679.131(b).
NMFS will post the 2024 PCTC Program cooperative allocations on the
Alaska Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports prior to the
start of the fishing year on January 1, 2024, based on the harvest
specifications effective on that date. The 2025 allocations for Pacific
cod for PCTC Program cooperatives will not be known until eligible
participants apply for participation in the program by November 1,
2024.
The sector allocations of Pacific cod are apportioned into seasonal
allowances to disperse the Pacific cod fisheries over the fishing year
(see Sec. Sec. 679.20(a)(7)(i)(B) (CDQ), 679.20(a)(7)(iv)(A) (non-
CDQ), and 679.23(e)(5) (seasons)). Table 4 lists the non-CDQ sector and
seasonal allowances. In accordance with Sec. 679.20(a)(7)(iv)(B) and
(C), any unused portion of a non-CDQ Pacific cod seasonal allowance for
any sector, except the jig sector, will become available at the
beginning of that sector's next seasonal allowance. Section
679.20(a)(7)(i)(B) sets forth the CDQ Pacific cod gear allowances by
season, and CDQ groups are prohibited from exceeding those seasonal
allowances (Sec. 679.7(d)(6)).
Section 679.20(a)(7)(vii) requires that the Regional Administrator
establish an Area 543 Pacific cod harvest limit based on Pacific cod
abundance in Area 543 as determined by the annual stock assessment
process. Based on the 2022 stock assessment, the Regional Administrator
has preliminarily determined for 2024 and 2025 that the estimated
amount of Pacific cod abundance in Area 543 is 15.7 percent of total AI
abundance. To calculate the Area 543 Pacific cod harvest limit, NMFS
first subtracts the State GHL Pacific cod amount from the AI Pacific
cod ABC. Then NMFS determines the harvest limit in Area 543 by
multiplying the percentage of Pacific cod estimated in Area 543 (15.7
percent) by the remaining ABC for AI Pacific cod. Based on these
calculations, which rely on the 2022 stock assessment, the proposed
Area 543 harvest limit is 1,323 mt. However, the final Area 543 harvest
limit could change if the Pacific cod abundance in Area 543 changes
based on the stock assessment in the final 2023 SAFE report.
Under the PCTC Program, PCTC cooperatives are required to
collectively set aside up to twelve percent of the trawl CV A-season
allocation for delivery to an AI shoreplant established through the
process set forth at Sec. 679.132 in years in which an AI community
representative notifies NMFS of their intent to process Pacific cod in
Adak or Atka. A notice of intent to process PCTC Program Pacific cod
for 2024 must be submitted in writing to the Regional Administrator by
a representative of the City of Adak or the City of Atka no later than
October 15. A notice of intent was not received in 2023, and
accordingly the set-aside will not be in effect for 2024. The 2025 set-
aside will be determined after the October 15, 2024 deadline in
conjunction with the 2025 and 2026 harvest specifications process.
Based on the proposed 2024 and 2025 Pacific cod TACs, Table 4 lists
the CDQ and non-CDQ TAC amounts, non-CDQ seasonal allowances by gear,
the sector allocations of Pacific cod, and the seasons set forth at
Sec. 679.23(e)(5).
Table 4--Proposed 2024 and 2025 Sector Allocations and Seasonal Allowances of the BSAI \1\ Pacific Cod TAC
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2024 and 2025 2024 and 2025 2024 and 2025 seasonal allowances
Sector Percent share of gear share of sector -----------------------------------------------------------
sector total total Season Amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Bering Sea TAC............................ n/a 123,295 n/a n/a............................................. n/a
[[Page 84286]]
Bering Sea CDQ.................................. n/a 13,193 n/a See Sec. 679.20(a)(7)(i)(B)................... n/a
Bering Sea non-CDQ TAC.......................... n/a 110,102 n/a n/a............................................. n/a
Total Aleutian Islands TAC...................... n/a 8,425 n/a n/a............................................. n/a
Aleutian Islands CDQ............................ n/a 901 n/a See Sec. 679.20(a)(7)(i)(B)................... n/a
Aleutian Islands non-CDQ TAC.................... n/a 7,524 n/a n/a............................................. n/a
Western Aleutians Islands Limit................. n/a 1,323 n/a n/a............................................. n/a
Total BSAI non-CDQ TAC \1\...................... 100.0 117,626 n/a n/a............................................. n/a
Total hook-and-line/pot gear.................... 60.8 71,517 n/a n/a............................................. n/a
Hook-and-line/pot ICA \2\....................... n/a n/a 500 n/a............................................. n/a
Hook-and-line/pot sub-total..................... n/a 71,017 n/a n/a............................................. n/a
Hook-and-line catcher/processors................ 48.7 n/a 56,883 n/a............................................. n/a
A-season........................................ ........ ............... ............... Jan 1-Jun 10.................................... 29,011
B-season........................................ ........ ............... ............... Jun 10-Dec 31................................... 27,873
Hook-and-line catcher vessels >=60 ft LOA....... 0.2 n/a 234 n/a............................................. n/a
A-season........................................ ........ ............... ............... Jan 1-Jun 10.................................... 119
B-season........................................ ........ ............... ............... Jun 10-Dec 31................................... 114
Pot catcher/processors.......................... 1.5 n/a 1,752 n/a............................................. n/a
A-season........................................ ........ ............... ............... Jan 1-Jun 10.................................... 894
B-season........................................ ........ ............... ............... Sept 1-Dec 31................................... 859
Pot catcher vessels >=60 ft LOA................. 8.4 n/a 9,812 n/a............................................. n/a
A-season........................................ ........ ............... ............... Jan 1-Jun 10.................................... 5,004
B-season........................................ ........ ............... ............... Sept 1-Dec 31................................... 4,808
Catcher vessels <60 ft LOA using hook-and-line 2.0 n/a 2,336 n/a............................................. n/a
or pot gear.
Trawl catcher vessels \3\....................... 22.1 25,995 n/a n/a............................................. n/a
A-Season ICA.................................... ........ ............... ............... Jan 20-Apr 1.................................... 1,500
A-season PCTC................................... ........ ............... ............... Jan 20-Apr 1.................................... 17,737
B-season ICA.................................... ........ ............... ............... Apr 1-Jun 10.................................... 700
B-season PCTC................................... ........ ............... ............... Apr 1-Jun 10.................................... 2,159
C-season trawl catcher vessels.................. ........ ............... ............... Jun 10-Nov 1.................................... 3,899
AFA trawl catcher/processors.................... 2.3 2,705 n/a n/a............................................. n/a
A-season........................................ ........ ............... ............... Jan 20-Apr 1.................................... 2,029
B-season........................................ ........ ............... ............... Apr 1-Jun 10.................................... 676
C-season........................................ ........ ............... ............... Jun 10-Nov 1.................................... ........
Amendment 80.................................... 13.4 15,762 n/a n/a............................................. n/a
A-season........................................ ........ ............... ............... Jan 20-Apr 1.................................... 11,821
B-season........................................ ........ ............... ............... Apr 1-Jun 10.................................... 3,940
C-season........................................ ........ ............... ............... Jun 10-Dec 31................................... ........
Jig............................................. 1.4 1,647 n/a n/a............................................. n/a
A-season........................................ ........ ............... ............... Jan 1-Apr 30.................................... 988
B-season........................................ ........ ............... ............... Apr 30-Aug 31................................... 329
C-season........................................ ........ ............... ............... Aug 31-Dec 31................................... 329
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The sector allocations and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and AI Pacific cod TACs, after subtraction of
the reserves for the CDQ Program. If the TAC for Pacific cod in either the BS or AI is or will be reached, then directed fishing will be prohibited
for non-CDQ Pacific cod in that subarea, even if a BSAI allowance remains (Sec. 679.20(d)(1)(iii)).
\2\ The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC allocated to the hook-and-line and pot
sectors. The Regional Administrator proposes an ICA of 500 mt based on anticipated incidental catch by these sectors in other fisheries.
\3\ The A and B season trawl CV Pacific cod allocation will be allocated to the Pacific Cod Trawl Cooperative Program after subtraction of the A and B
season ICAs (Sec. 679.131(b)(1)). The Regional Administrator proposes for the A and B seasons ICAs of 1,500 mt and 700 mt, respectively, to account
for projected incidental catch of Pacific cod by trawl catcher vessels engaged in directed fishing for groundfish other than PCTC Program Pacific cod.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Sablefish Gear Allocation
Section 679.20(a)(4)(iii) and (iv) require allocation of sablefish
TAC for the BS and AI between trawl gear and fixed gear. Gear
allocations of the sablefish TAC for the BS are 50 percent for trawl
gear and 50 percent for fixed gear. Gear allocations of the TAC for the
AI are 25 percent for trawl gear and 75 percent for fixed gear. Section
679.20(b)(1)(ii)(B) requires that NMFS apportion 20 percent of the
fixed gear allocation of sablefish TAC to the CDQ reserve for each
subarea. Also, Sec. 679.20(b)(1)(ii)(D)(1) requires that 7.5 percent
of the trawl gear allocation of sablefish TAC from the nonspecified
reserve, established under Sec. 679.20(b)(1)(i), be apportioned to the
CDQ reserve. The Council recommended that only trawl sablefish TAC be
established biennially. The harvest specifications for the fixed gear
sablefish Individual Fishing Quota (IFQ) fisheries are limited to the
2024 fishing year to ensure those fisheries are conducted concurrently
with the halibut IFQ fishery. Concurrent sablefish and halibut IFQ
fisheries reduce the potential for discards of halibut and sablefish in
those fisheries. The sablefish IFQ fisheries remain closed at the
beginning of each fishing year until the final harvest specifications
for the sablefish IFQ fisheries are in effect. Table 5 lists the
proposed 2024 and 2025 gear allocations of the sablefish TAC and CDQ
reserve amounts.
[[Page 84287]]
Table 5--Proposed 2024 and 2025 Gear Shares and CDQ Reserve of BSAI Sablefish TACS
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Percent 2024 share 2024 ITAC 2024 CDQ 2025 share 2025 CDQ
Subarea and gear of TAC of TAC \1\ reserve of TAC 2025 ITAC reserve
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea:
Trawl gear..................................................... 50 4,838 4,112 363 4,838 4,112 363
Fixed gear \2\................................................. 50 4,838 n/a 968 n/a n/a n/a
------------------------------------------------------------------------------------
Total...................................................... 100 9,676 4,112 1,330 4,838 4,112 363
--------------------------------------------------------------------------------------------------------------------------------------------------------
Aleutian Islands:
Trawl gear..................................................... 25 2,448 2,081 184 2,448 2,081 184
Fixed gear \2\................................................. 75 7,345 n/a 1,469 n/a n/a n/a
------------------------------------------------------------------------------------
Total...................................................... 100 9,793 2,081 1,653 2,448 2,081 184
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For the sablefish TAC allocated to vessels using trawl gear, 15 percent of TAC is apportioned to the nonspecified reserve (Sec. 679.20(b)(1)(i)).
The ITAC for vessels using trawl gear is the remainder of the TAC after the subtraction of this reserve. In the BS and AI, 7.5 percent of the trawl
gear allocation of TAC is assigned from the nonspecified reserve to the CDQ reserve (Sec. 679.20(b)(1)(ii)(D)(1)).
\2\ For the sablefish TAC allocated to vessels using fixed gear, 20 percent of the allocated TAC for the BS and AI is reserved for use by CDQ
participants (Sec. 679.20(b)(1)(ii)(B)). The ITAC for vessels using fixed gear is the remainder of the TAC after the subtraction of the CDQ reserve.
The Council recommended that specifications for the fixed gear sablefish IFQ fisheries be limited to 1 year.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Allocation of the AI Pacific Ocean Perch, and BSAI Flathead Sole, Rock
Sole, and Yellowfin Sole TACs
Section 679.20(a)(10)(i) and (ii) require that NMFS allocate AI
Pacific ocean perch, and BSAI flathead sole, rock sole, and yellowfin
sole TACs between the Amendment 80 sector and the BSAI trawl limited
access sector, after subtracting 10.7 percent for the CDQ reserves and
amounts for ICAs for the BSAI trawl limited access sector and vessels
using non-trawl gear. The allocation of the ITACs for AI Pacific ocean
perch, and BSAI flathead sole, rock sole, and yellowfin sole to the
Amendment 80 sector is established in accordance with tables 33 and 34
to 50 CFR part 679 and in Sec. 679.91.
One Amendment 80 cooperative has been formed for the 2024 fishing
year. Because all Amendment 80 vessels are part of the sole
cooperative, no allocation to the Amendment 80 limited access sector is
required for 2024. The 2025 allocations for Amendment 80 species
between Amendment 80 cooperatives and the Amendment 80 limited access
sector will not be known until eligible participants apply for
participation in the program by November 1, 2024. NMFS will post the
2025 Amendment 80 cooperatives and Amendment 80 limited access sector
allocations on the Alaska Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska prior to the start of the fishing year on January 1,
2025, based on the harvest specifications effective on that date. Table
6 lists the proposed 2024 and 2025 allocations of the AI Pacific ocean
perch, and BSAI flathead sole, rock sole, and yellowfin sole TACs.
Table 6--Proposed 2024 and 2025 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAs), and
Amendment 80 Allocations of the Aleutian Islands Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and
Yellowfin Sole TACs
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2024 and 2025 allocations
-----------------------------------------------------------------------------
Pacific ocean perch Flathead Rock sole Yellowfin
Sector --------------------------------------- sole ------------- sole
Eastern Central Western ------------- ------------
Aleutian Aleutian Aleutian BSAI
district district district BSAI BSAI
----------------------------------------------------------------------------------------------------------------
TAC............................... 8,013 5,551 13,000 35,500 66,000 230,656
CDQ............................... 857 594 1,391 3,799 7,062 24,680
ICA............................... 100 60 10 3,000 6,000 4,000
BSAI trawl limited access......... 706 490 232 ........... ........... 45,733
Amendment 80 \1\.................. 6,350 4,407 11,367 28,702 52,938 156,243
----------------------------------------------------------------------------------------------------------------
\1\ The 2025 allocations between Amendment 80 cooperatives and the Amendment 80 limited access sector will not
be known until eligible participants apply for participation in the program by November 1, 2024.
Section 679.2 defines the ABC surplus for flathead sole, rock sole,
and yellowfin sole as the difference between the annual ABC and TAC for
each species. Section 679.20(b)(1)(iii) establishes ABC reserves for
flathead sole, rock sole, and yellowfin sole. The ABC surpluses and the
ABC reserves are necessary to mitigate the operational variability,
environmental conditions, and economic factors that may constrain the
CDQ groups and the Amendment 80 cooperatives from fully harvesting
their allocations and to improve the likelihood of achieving and
maintaining, on a continuing basis, the optimum yield in the BSAI
groundfish fisheries. NMFS, after consultation with the Council, may
set the ABC reserve at or below the ABC surplus for each species, thus
maintaining the TAC at or below ABC limits. An amount equal to 10.7
percent of the ABC reserves will be allocated as CDQ ABC reserves for
[[Page 84288]]
flathead sole, rock sole, and yellowfin sole. Section 679.31(b)(4)
establishes the annual allocations of CDQ ABC reserves among the CDQ
groups. The Amendment 80 ABC reserves are the ABC reserves minus the
CDQ ABC reserves. Section 679.91(i)(2) establishes each Amendment 80
cooperative ABC reserves to be the ratio of each cooperatives' quota
share units and the total Amendment 80 quota share units, multiplied by
the Amendment 80 ABC reserve for each respective species. Table 7 lists
the proposed 2024 and 2025 ABC surplus and ABC reserves for BSAI
flathead sole, rock sole, and yellowfin sole.
Table 7--Proposed 2024 and 2025 \1\ ABC Surplus, ABC Reserves, Community
Development Quota (CDQ) ABC Reserves, and Amendment 80 ABC Reserves in
the BSAI for Flathead Sole, Rock Sole, and Yellowfin Sole
[Amounts are in metric tons]
------------------------------------------------------------------------
Flathead Yellowfin
Sector sole Rock sole sole
------------------------------------------------------------------------
ABC.............................. 66,927 119,969 462,890
TAC.............................. 35,500 66,000 230,656
ABC surplus...................... 31,427 53,969 232,234
ABC reserve...................... 31,427 53,969 232,234
CDQ ABC reserve.................. 3,363 5,775 24,849
Amendment 80 ABC reserve......... 28,064 48,194 207,385
------------------------------------------------------------------------
\1\ The 2025 allocations between Amendment 80 cooperatives and the
Amendment 80 limited access sector will not be known until eligible
participants apply for participation in the program by November 1,
2024.
Proposed PSC Limits for Halibut, Salmon, Crab, and Herring
Section 679.21(b), (e), (f), and (g) set forth the BSAI PSC limits.
Pursuant to Sec. 679.21(b)(1), the annual BSAI halibut PSC limits
total 3,515 mt. Section 679.21(b)(1) allocates 315 mt of the halibut
PSC limit as the PSQ reserve for use by the groundfish CDQ Program,
1,745 mt of the halibut PSC limit for the Amendment 80 sector, 745 mt
of the halibut PSC limit for the BSAI trawl limited access sector, and
710 mt of the halibut PSC limit for the BSAI non-trawl sector.
Under Amendment 123 and its implementing regulations, the annual
BSAI halibut PSC limit for the CDQ Program (315 mt), BSAI trawl limited
access sector (745 mt), and BSAI non-trawl sector (710 mt) will total
1,770 mt (these individual halibut PSC limits are unchanged). An
additional amount of BSAI halibut PSC limit for the Amendment 80 sector
will be determined annually based on the most recent halibut abundance
estimates from the IPHC setline survey index and the NMFS AFSC Eastern
Bering Sea shelf trawl survey index. The 2023 AFSC Eastern Bering Sea
shelf trawl survey index estimate of halibut abundance is 170,238 mt
and is above the threshold level of 150,000 mt. The IPHC setline survey
index is unknown at this time but will be available by December 2023.
NMFS will calculate the Amendment 80 sector halibut PSC limit and the
total halibut PSC limit in the final 2024 and 2025 harvest
specifications.
Section 679.21(b)(1)(iii)(A) and (B) require apportionment of the
BSAI non-trawl halibut PSC limit into PSC allowances among six fishery
categories, and Sec. Sec. 679.21(b)(1)(ii)(A) and (B), (e)(3)(i)(B),
and (e)(3)(iv) require apportionment of the BSAI trawl limited access
sector's halibut and crab PSC limits into PSC allowances among seven
fishery categories. Tables 10 and 11 list the proposed fishery PSC
allowances for the BSAI trawl limited access sector fisheries, and
Table 12 lists the proposed fishery PSC allowances for the non-trawl
fisheries.
Pursuant to Section 3.6 of the FMP, the Council recommends, and
NMFS proposes, that certain specified non-trawl fisheries be exempt
from the halibut PSC limit. As in past years, after consultation with
the Council, NMFS proposes to exempt the pot gear fishery, the jig gear
fishery, and the sablefish IFQ hook-and-line gear fishery categories
from halibut bycatch restrictions because (1) the pot gear fisheries
have low halibut bycatch mortality; (2) NMFS estimates halibut
mortality for the jig gear fleet to be negligible because of the small
size of the fishery and the selectivity of the gear; and (3) the
sablefish and halibut IFQ fisheries have low halibut bycatch mortality
because the IFQ Program requires legal-size halibut to be retained by
vessels using fixed gear if a halibut IFQ permit holder or a hired
master is aboard and is holding unused halibut IFQ for that vessel
category and the IFQ regulatory area in which the vessel is operating
(Sec. 679.7(f)(11)).
As of November 8, 2023, total groundfish catch for the pot gear
fishery in the BSAI was 18,036 mt, with an associated halibut bycatch
mortality of 9 mt. The 2023 jig gear fishery harvested less than 1 mt
of groundfish. Most vessels in the jig gear fleet are exempt from
observer coverage requirements. As a result, observer data are not
available on halibut bycatch in the jig gear fishery. As mentioned
above, NMFS estimates a negligible amount of halibut bycatch mortality
because of the selective nature of jig gear and the low mortality rate
of halibut caught with jig gear and released.
Under Sec. 679.21(f)(2), NMFS annually allocates portions of
either 33,318, 45,000, 47,591, or 60,000 Chinook salmon PSC limits
among the AFA sectors, depending on past bycatch performance, on
whether Chinook salmon bycatch incentive plan agreements (IPA) are
formed, and on whether NMFS determines it is a low Chinook salmon
abundance year. NMFS will determine that it is a low Chinook salmon
abundance year when abundance of Chinook salmon in western Alaska is
less than or equal to 250,000 Chinook salmon. The State provides to
NMFS an estimate of Chinook salmon abundance using the 3-System Index
for western Alaska, based on the Kuskokwim, Unalakleet, and Upper Yukon
aggregate stock grouping.
If an AFA sector participates in an approved IPA and has not
exceeded its performance standard under Sec. 679.21(f)(6), and if it
is not a low Chinook salmon abundance year, then NMFS will allocate a
portion of the 60,000 Chinook salmon PSC limit to that sector as
specified in Sec. 679.21(f)(3)(iii)(A). If no IPA is approved, or if
the sector has exceeded its performance standard under Sec.
679.21(f)(6), and if it is not a low abundance year, then NMFS will
allocate a portion of the 47,591 Chinook salmon PSC limit to that
sector as
[[Page 84289]]
specified in Sec. 679.21(f)(3)(iii)(C). If an AFA sector participates
in an approved IPA and has not exceeded its performance standard under
Sec. 679.21(f)(6) in a low abundance year, then NMFS will allocate a
portion of the 45,000 Chinook salmon PSC limit to that sector as
specified in Sec. 679.21(f)(3)(iii)(B). If no IPA is approved, or if
the sector has exceeded its performance standard under Sec.
679.21(f)(6), and if in a low abundance year, then NMFS will allocate a
portion of the 33,318 Chinook salmon PSC limit to that sector as
specified in Sec. 679.21(f)(3)(iii)(D).
NMFS has determined that 2023 was a low Chinook salmon abundance
year, based on the State's estimate that Chinook salmon abundance in
western Alaska is less than 250,000 Chinook salmon. Therefore, in 2024,
the Chinook salmon PSC limit is 45,000 Chinook salmon, allocated to
each sector as specified in Sec. 679.21(f)(3)(iii)(B).
The AFA sector Chinook salmon PSC allocations are also seasonally
apportioned with 70 percent of the allocation for the A season pollock
fishery, and 30 percent of the allocation for the B season pollock
fishery (Sec. Sec. 679.21(f)(3)(i) and 679.23(e)(2)). In 2024, the
Chinook salmon bycatch performance standard under Sec. 679.21(f)(6) is
33,318 Chinook salmon, allocated to each sector as specified in Sec.
679.21(f)(3)(iii)(D). If a sector exceeds its Chinook salmon bycatch
performance standard in any three of seven consecutive years, that
sector's allocation is reduced to the amount allocated under the
Chinook salmon bycatch performance standard at Sec.
679.21(f)(3)(iii)(C)-(D). NMFS publishes the approved IPAs and the
Chinook salmon PSC allocations and reports at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska.
Section 679.21(g)(2)(i) specifies 700 fish as the 2024 and 2025
Chinook salmon PSC limit for the AI pollock fishery. Section
679.21(g)(2)(ii) allocates 7.5 percent, or 53 Chinook salmon, as the AI
PSQ reserve for the CDQ Program, and allocates the remaining 647
Chinook salmon to the non-CDQ fisheries.
Section 679.21(f)(14)(i) specifies 42,000 fish as the 2024 and 2025
non-Chinook salmon PSC limit for vessels using trawl gear from August
15 through October 14 in the Catcher Vessel Operational Area (CVOA).
Section 679.21(f)(14)(ii) allocates 10.7 percent, or 4,494 non-Chinook
salmon, in the CVOA as the PSQ reserve for the CDQ Program and
allocates the remaining 37,506 non-Chinook salmon in the CVOA to the
non-CDQ fisheries. Section 679.21(f)(14)(iv) exempts from closures in
the Chum Salmon Savings Area trawl vessels participating in directed
fishing for pollock and operating under an IPA approved by NMFS.
PSC limits for crab and herring are specified annually based on
abundance and spawning biomass.
Based on the most recent (2023) survey data, the red king crab
mature female abundance is estimated at 11.054 million red king crabs,
and the effective spawning biomass is estimated at 20.055 million lbs
(9,320 mt). Based on the criteria set out at Sec. 679.21(e)(1)(i), the
calculated 2024 and 2025 PSC limit of red king crab in Zone 1 for trawl
gear is 97,000 animals. This limit derives from the mature female
abundance estimate above 8.4 million mature red king crab and an
effective spawning biomass between 14.5 and 55 million lbs.
Section 679.21(e)(3)(ii)(B)(2) establishes criteria under which
NMFS must specify, after consultation with the Council, an annual red
king crab bycatch limit for the Red King Crab Savings Subarea (RKCSS)
if the State has established a GHL fishery for red king crab in the
Bristol Bay area in the previous year. The regulations limit the RKCSS
red king crab bycatch limit to 25 percent of the red king crab PSC
limit, based on the need to optimize the groundfish harvest relative to
red king crab bycatch. In October 2023, the Council recommended, and
NMFS proposes, that the RKCSS red king crab bycatch limit for 2024 and
2025 be equal to 25 percent of the red king crab PSC limit (Table 9).
Based on the most recent (2023) survey data from the NMFS annual
bottom trawl survey, Tanner crab (Chionoecetes bairdi) abundance is
estimated at 730 million animals. Pursuant to criteria set out at Sec.
679.21(e)(1)(ii), the calculated 2024 and 2025 C. bairdi crab PSC limit
for trawl gear is 980,000 animals in Zone 1, and 2,970,000 animals in
Zone 2. The limit in Zone 1 is based on the total abundance of C.
bairdi (estimated at 730 million animals), which is greater than 400
million animals. The limit in Zone 2 is based on the total abundance of
C. bairdi (estimated at 730 million animals), which is greater than 400
million animals.
Pursuant to Sec. 679.21(e)(1)(iii), the PSC limit for trawl gear
for snow crab (C. opilio) is based on total abundance as indicated by
the NMFS annual bottom trawl survey. The C. opilio crab PSC limit in
the C. opilio bycatch limitation zone (COBLZ) is set at 0.1133 percent
of the Bering Sea abundance index minus 150,000 crabs, unless a minimum
or maximum PSC limit applies. Based on the most recent (2023) survey
estimate of 1.142 billion animals, the calculated C. opilio crab PSC
limit is 1,143,886 animals. Because 0.1133 percent multiplied by the
total abundance is less than 4.5 million animals, the minimum PSC limit
applies, and the PSC limit will be 4.350 million animals.
Pursuant to Sec. 679.21(e)(1)(v), the PSC limit of Pacific herring
caught while conducting any trawl operation for BSAI groundfish is 1
percent of the annual eastern Bering Sea herring biomass. Due to the
lack of new information as of October 2023 regarding herring PSC limits
and apportionments, the Council recommended, and NMFS proposes, basing
the proposed 2024 and 2025 herring PSC limits and apportionments on the
2022 survey data. Based on the 2022 survey data, the best current
estimate of 2024 and 2025 herring biomass is 344,379 mt. This amount
was developed by the Alaska Department of Fish and Game based on
biomass for spawning aggregations. Therefore, the herring PSC limit
proposed for 2024 and 2025 is 3,444 mt for all trawl gear as listed in
Tables 8 and 9. The Council and NMFS will reconsider the proposed
herring PSC limit if updated survey data and information on biomass
becomes available.
Section 679.21(e)(3)(i)(A)(1) allocates 10.7 percent of each trawl
gear PSC limit specified for crab as a PSQ reserve for use by the
groundfish CDQ Program. Section 679.21(e)(3)(i)(A) requires that crab
PSQ reserves be subtracted from the total trawl PSC limits. The crab
and halibut PSC limits assigned to the Amendment 80 and BSAI trawl
limited access sectors are listed in table 35 to 50 CFR part 679. The
resulting proposed 2024 and 2025 allocations of crab and halibut PSC
limits to CDQ PSQ, the Amendment 80 sector, and the BSAI trawl limited
access sector are listed in table 8. Pursuant to Sec. Sec.
679.21(b)(1)(i), 679.21(e)(3)(vi), and 679.91(d) through (f), crab and
halibut trawl PSC limits assigned to the Amendment 80 sector are then
further allocated to Amendment 80 cooperatives as cooperative quotas.
Crab and halibut PSC cooperative quotas assigned to Amendment 80
cooperatives are not allocated to specific fishery categories.
One Amendment 80 cooperative has been formed for the 2024 fishing
year. Because all Amendment 80 vessels are part of the sole
cooperative, no PSC limit allocation to the Amendment 80 limited access
sector is required for 2024. The 2025 PSC limit allocations between
Amendment 80 cooperatives
[[Page 84290]]
and the Amendment 80 limited access sector will not be known until
eligible participants apply for participation in the program by
November 1, 2024. NMFS will post the 2025 Amendment 80 cooperatives and
Amendment 80 limited access sector allocations on the Alaska Region
website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska prior to the start of the fishing year on
January 1, 2025, based on the harvest specifications effective on that
date.
The BSAI ITAC allocation of halibut and crab PSC limits to the PCTC
Program is established in Sec. 679.131(c) and (d). The halibut PSC
apportioned to the trawl CV sector is 98 percent of the halibut PSC
limit apportioned to the BSAI trawl limited access sector's Pacific cod
fishery category, and the remaining 2 percent is apportioned to the AFA
CP sector. The trawl CV sector apportionment is further allocated to
the A and B seasons (95 percent) and the C season (5 percent). The
allocation to the A and B season is subject to reductions consistent
with Sec. 679.131(c)(1)(iii). The crab PSC apportioned to the trawl CV
sector is 90.6 percent of the crab PSC limit apportioned to the BSAI
trawl limited access sector's Pacific cod fishery category, and the
remaining 9.4 percent is apportioned to the AFA CP sector. The trawl CV
sector apportionment is further allocated to the A and B seasons (95
percent) and the C season (5 percent), and the A and B season limit is
reduced by 35 percent to determine the overall PCTC Program crab PSC
limit.
The halibut and crab PSC limit allocations to PCTC Program
cooperatives are not included in these proposed harvest specifications.
PCTC Program cooperative applications are not due to NMFS until
November 1, 2023; therefore, NMFS cannot calculate 2024 allocations in
conjunction with these proposed harvest specifications (Sec.
679.131(c) and (d)). After receiving the PCTC Program cooperative
applications, NMFS will calculate the 2024 halibut and crab PSC limits
for PCTC Program cooperatives, as set forth in in Sec. 679.131(c) and
(d) and post them on the Alaska Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports prior to the start of the fishing year on January 1,
2024, based on the harvest specifications effective on that date. The
2025 allocations of halibut and crab PSC limits for PCTC Program
cooperatives will not be known until eligible participants apply for
participation in the program by November 1, 2024.
Section 679.21(b)(2) and (e)(5) authorize NMFS, after consulting
with the Council, to establish seasonal apportionments of halibut and
crab PSC amounts for the BSAI non-trawl, BSAI trawl limited access, and
Amendment 80 limited access sectors to maximize the ability of the
fleet to harvest the available groundfish TAC and to minimize bycatch.
The factors considered are (1) seasonal distribution of prohibited
species; (2) seasonal distribution of target groundfish species
relative to prohibited species distribution; (3) prohibited species
bycatch needs on a seasonal basis relevant to prohibited species
biomass and expected catches of target groundfish species; (4) expected
variations in bycatch rates throughout the year; (5) expected changes
in directed groundfish fishing seasons; (6) expected start of fishing
effort; and (7) economic effects of establishing seasonal prohibited
species apportionments on segments of the target groundfish industry.
Based on this criteria, the Council recommended, and NMFS proposes, the
seasonal PSC apportionments in Tables 10, 11, and 12 to maximize
harvest among gear types, fisheries, and seasons, while minimizing
bycatch of PSC.
Table 8--Proposed 2024 and 2025 Apportionment of Prohibited Species Catch Allowances to Non-Trawl Gear, the CDQ Program, Amendment 80, and the BSAI
Trawl Limited Access Sectors
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trawl PSC BSAI trawl BSAI PSC
PSC species, areas, and zones \1\ Total PSC \4\ Non-trawl PSC CDQ PSQ remaining Amendment 80 limited access limits not
reserve \2\ after CDQ PSQ sector 3 4 sector allocated \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Halibut mortality (mt) BSAI............. 3,515 710 315 n/a 1,745 745 n/a
Herring (mt) BSAI....................... 3,444 n/a n/a n/a n/a n/a n/a
Red king crab (animals) Zone 1.......... 97,000 n/a 10,379 86,621 43,293 26,489 16,839
C. opilio (animals) COBLZ............... 4,350,000 n/a 465,450 3,884,550 1,909,256 1,248,494 726,799
C. bairdi crab (animals) Zone 1......... 980,000 n/a 104,860 875,140 368,521 411,228 95,390
C. bairdi crab (animals) Zone 2......... 2,970,000 n/a 317,790 2,652,210 627,778 1,241,500 782,932
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas and zones.
\2\ The PSQ reserve for crab species is 10.7 percent of each crab PSC limit.
\3\ The Amendment 80 program reduced apportionment of the trawl PSC limits for crab below the total PSC limit. These reductions are not apportioned to
other gear types or sectors.
\4\ Under Amendment 123 and its implementing regulations, the BSAI halibut PSC limit for the Amendment 80 sector will be determined annually based on
the most recent halibut abundance estimates from the IPHC setline survey index and the NMFS AFSC Eastern Bering Sea shelf trawl survey index. NMFS
will update the halibut PSC limit for the Amendment 80 sector, as well as the total halibut PSC limit, in the final harvest specifications.
Table 9--Proposed 2024 and 2025 Herring and Red King Crab Savings
Subarea Prohibited Species Catch Allowances for All Trawl Sectors
------------------------------------------------------------------------
Herring (mt) Red king crab
Fishery categories BSAI (animals) Zone 1
------------------------------------------------------------------------
Yellowfin sole...................... 200 n/a
Rock sole/flathead sole/Alaska 99 n/a
plaice/other flatfish \1\..........
Greenland turbot/arrowtooth flounder/ 10 n/a
Kamchatka flounder/sablefish.......
Rockfish............................ 10 n/a
Pacific cod......................... 18 n/a
Midwater trawl pollock.............. 3,066 n/a
Pollock/Atka mackerel/other species 41 n/a
2 3................................
2024 Red king crab savings subarea n/a 24,250
non-pelagic trawl gear \4\.........
-----------------------------------
[[Page 84291]]
Total trawl PSC................. 3,444 97,000
------------------------------------------------------------------------
\1\ ``Other flatfish'' for PSC monitoring includes all flatfish species,
except for halibut (a prohibited species), Alaska plaice, arrowtooth
flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock
sole, and yellowfin sole.
\2\ Pollock other than midwater trawl pollock, Atka mackerel, and
``other species'' fishery category.
\3\ ``Other species'' for PSC monitoring includes skates, sharks, and
octopuses.
\4\ In October 2023, the Council recommended, and NMFS proposes, that
the red king crab bycatch limit within the RKCSS be limited to 25
percent of the red king crab PSC allowance (see Sec.
679.21(e)(3)(ii)(B)(2)).
Note: Species apportionments may not total precisely due to rounding.
Table 10--Proposed 2024 Prohibited Species Bycatch Allowances for the BSAI Trawl Limited Access Sectors and
Pacific Cod Trawl Cooperative Program
----------------------------------------------------------------------------------------------------------------
Prohibited species and area \1\
-------------------------------------------------------------------------------
BSAI trawl limited access sector Halibut Red king crab C. opilio C. bairdi (animals)
fisheries mortality (mt) (animals) (animals) -------------------------------
BSAI Zone 1 COBLZ Zone 1 Zone 2
----------------------------------------------------------------------------------------------------------------
Yellowfin sole.................. 265 23,337 1,192,179 346,228 1,185,500
Rock sole/flathead sole/other .............. .............. .............. .............. ..............
flatfish \2\...................
Greenland turbot/arrowtooth .............. .............. .............. .............. ..............
flounder/Kamchatka flounder/
sablefish......................
Rockfish, April 15-December 31.. 5 .............. 1,006 .............. 1,000
Total Pacific cod \3\........... 300 2,955 50,281 60,000 50,000
AFA CP Pacific cod.............. 6 278 4,726 5,640 4,700
PCTC Program Pacific cod, A and 244 1,653 28,130 33,567 27,973
B Season.......................
Trawl CV Pacific cod, C Season.. 15 134 2,278 2,718 2,265
PCTC Program unallocated 35 890 15,147 18,075 15,062
reduction......................
Pollock/Atka mackerel/other 175 197 5,028 5,000 5,000
species \4\....................
-------------------------------------------------------------------------------
Total BSAI trawl limited 745 26,489 1,248,494 411,228 1,241,500
access sector PSC..........
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas and zones.
\2\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole,
and yellowfin sole.
\3\ With the implementation of the PCTC Program, the BSAI trawl limited access sector Pacific cod fishery
category PSC limits are further apportioned between AFA CPs, PCTC A and B-season, and open access C season
(Sec. 679.131(c) and (d)). In the first year of the Program, 2024, NMFS will apply a 12.5 percent reduction
to the A and B season trawl CV sector halibut PSC limit and a 35 percent reduction to the A and B season trawl
CV sector crab PSC limit. The proposed 2024 PCTC Program A and B season halibut and crab PSC limits include
these reductions. In the second year of the Program and every year thereafter, NMFS will apply a 25 percent
and 35 percent reduction to the A and B season trawl CV sector halibut and crab PSC limit, respectively. Any
amount of the PCTC Program PSC limit remaining after the B season may be reapportioned to the trawl CV limited
access fishery in the open access C season. Because the annual halibut PSC limit for the PCTC Program is not a
fixed amount established in regulation and, instead, is determined annually through the harvest specification
process, NMFS must apply the reductions to the A and B season apportionment of the trawl CV sector
apportionment to implement the overall PSC reductions under the PCTC Program.
\4\ ``Other species'' for PSC monitoring includes skates, sharks, and octopuses.
Note: Species apportionments may not total precisely due to rounding.
Table 11--Proposed 2025 Prohibited Species Bycatch Allowances for the BSAI Trawl Limited Access Sectors and
Pacific Cod Trawl Cooperative Program
----------------------------------------------------------------------------------------------------------------
Prohibited species and area \1\
-------------------------------------------------------------------------------
BSAI trawl limited access sector Halibut Red king crab C. opilio C. bairdi (animals)
fisheries mortality (mt) (animals) (animals) -------------------------------
BSAI Zone 1 COBLZ Zone 1 Zone 2
----------------------------------------------------------------------------------------------------------------
Yellowfin sole.................. 265 23,337 1,192,179 346,228 1,185,500
Rock sole/flathead sole/other .............. .............. .............. .............. ..............
flatfish \2\...................
Greenland turbot/arrowtooth .............. .............. .............. .............. ..............
flounder/Kamchatka flounder/
sablefish......................
Rockfish April 15-December 31... 5 .............. 1,006 .............. 1,000
Total Pacific cod \3\........... 300 2,955 50,281 60,000 50,000
AFA CP Pacific cod.............. 6 278 4,726 5,640 4,700
PCTC Program Pacific cod, A and 209 1,653 28,130 33,567 27,973
B Season.......................
Trawl CV Pacific cod, C Season.. 15 134 2,278 2,718 2,265
PCTC Program unallocated 70 890 15,147 18,075 15,062
reduction......................
Pollock/Atka mackerel/other 175 197 5,028 5,000 5,000
species \4\....................
-------------------------------------------------------------------------------
Total BSAI trawl limited 745 26,489 1,248,494 411,228 1,241,500
access sector PSC..........
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas and zones.
[[Page 84292]]
\2\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole,
and yellowfin sole.
\3\ With the implementation of the PCTC Program, the BSAI trawl limited access sector Pacific cod fishery
category PSC limits are further apportioned between AFA CPs, PCTC A and B-season, and open access C season
(Sec. 679.131(c) and (d)). In the second year of the PCTC Program, 2025, and every year thereafter, NMFS
will apply a 25 and 35 percent reduction to the A and B season trawl CV sector halibut and crab PSC limit,
respectively. The proposed 2025 PCTC Program A and B season halibut and crab PSC limits include these
reductions. Any amount of the PCTC Program PSC limit remaining after the B season may be reapportioned to the
trawl CV limited access fishery in the open access C season. Because the annual halibut PSC limit for the PCTC
Program is not a fixed amount established in regulation and, instead, is determined annually through the
harvest specification process, NMFS must apply the reductions to the A and B season apportionment of the trawl
CV sector apportionment to implement the overall PSC reductions under the PCTC Program.
\4\ ``Other species'' for PSC monitoring includes skates, sharks, and octopuses.
Note: Species apportionments may not total precisely due to rounding.
Table 12--Proposed 2024 and 2025 Halibut Prohibited Species Bycatch Allowances for Non-Trawl Fisheries
----------------------------------------------------------------------------------------------------------------
Halibut mortality (mt) BSAI
-----------------------------------------------------------------------------------------------------------------
Catcher/
Non-trawl fisheries Seasons processor Catcher vessel All non-trawl
----------------------------------------------------------------------------------------------------------------
Pacific cod........................... Annual Pacific cod...... 648 13 661
January 1-June 10....... 388 9 n/a
June 10-August 15....... 162 2 n/a
August 15-December 31... 98 2 n/a
Non-Pacific cod non-trawl-Total....... May 1-December 31....... n/a n/a 49
Groundfish pot and jig................ n/a..................... n/a n/a Exempt
Sablefish hook-and-line............... n/a..................... n/a n/a Exempt
-----------------------------------------------
Total for all non-trawl PSC....... n/a..................... n/a n/a 710
----------------------------------------------------------------------------------------------------------------
Halibut Discard Mortality Rates (DMRs)
To monitor halibut bycatch mortality allowances and apportionments,
the Regional Administrator uses observed halibut incidental catch
rates, DMRs, and estimates of groundfish catch to project when a
fishery's halibut bycatch mortality allowance or seasonal apportionment
is reached. Halibut incidental catch rates are based on 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 BSAI stock assessment process. The DMR methodology and findings
are included as an appendix to the annual BSAI groundfish SAFE report.
In 2016, the DMR estimation methodology underwent revisions per the
Council's directive. An interagency halibut working group (IPHC,
Council, and NMFS staff) developed improved estimation methods that
have undergone review by the Plan Team, SSC, and the Council. A summary
of the revised methodology is included in the BSAI proposed 2017 and
2018 harvest specifications (81 FR 87863, December 6, 2016), and the
comprehensive discussion of the working group's statistical methodology
is available from the Council (see ADDRESSES). The DMR working group's
revised methodology is intended to improve estimation accuracy,
transparency, and transferability used for calculating DMRs. The
working group will continue to consider improvements to the methodology
used to calculate halibut mortality, including potential changes to the
reference period (the period of data used for calculating the DMRs).
The methodology will continue to ensure that NMFS is using DMRs that
more accurately reflect halibut mortality, which will inform the
different sectors of their estimated halibut mortality and allow
specific sectors to respond with methods that could reduce mortality
and, eventually, the DMR for that sector.
At the October 2023 meeting, the SSC, AP, and Council recommended
halibut DMRs derived from the revised methodology, and NMFS proposes
DMRs calculated under the revised methodology. The proposed 2024 and
2025 DMRs use an updated 2-year reference period, except pot gear uses
an updated 4-year reference period. Comparing the proposed 2024 and
2025 DMRs to the final DMRs from the 2023 and 2024 harvest
specifications, the DMR for pelagic trawl gear remained at 100 percent,
the DMR for motherships and CPs using non-pelagic trawl gear remained
at 85 percent, the DMR for CVs using non-pelagic trawl gear increased
to 63 percent from 62 percent, the DMR for CPs using hook-and-line gear
decreased to 7 percent from 9 percent, the DMR for CVs using hook-and-
line gear decreased to 7 percent from 9 percent, and the DMR for pot
gear remained at 26 percent. Table 13 lists the proposed 2024 and 2025
DMRs.
Table 13--Proposed 2024 and 2025 Pacific Halibut Discard Mortality Rates
(DMR) for the BSAI
------------------------------------------------------------------------
Halibut
discard
Gear Sector mortality rate
(percent)
------------------------------------------------------------------------
Pelagic trawl..................... All................. 100
Non-pelagic trawl................. Mothership and 85
catcher/processor.
Non-pelagic trawl................. Catcher vessel...... 63
Hook-and-line..................... Catcher vessel...... 7
Hook-and-line..................... Catcher/processor... 7
[[Page 84293]]
Pot............................... All................. 26
------------------------------------------------------------------------
Listed AFA CP Sideboard Limits
Pursuant to Sec. 679.64(a), the Regional Administrator is
responsible for restricting the ability of listed AFA CPs to engage in
directed fishing for groundfish species other than pollock to protect
participants in other groundfish fisheries from adverse effects
resulting from the AFA fishery and from fishery cooperatives in the
directed pollock fishery. These restrictions are set as sideboard
limits on catch. On February 8, 2019, NMFS published a final rule (84
FR 2723) that implemented regulations to prohibit non-exempt AFA CPs
from directed fishing for all groundfish species or species groups
subject to sideboard limits (see Sec. 679.20(d)(1)(iv)(D) and table 54
to 50 CFR part 679). NMFS proposes to exempt AFA CPs from a yellowfin
sole sideboard limit pursuant to Sec. 679.64(a)(1)(v) because the
proposed 2024 and 2025 aggregate ITAC of yellowfin sole assigned to the
Amendment 80 sector and BSAI trawl limited access sector is greater
than 125,000 mt.
Section 679.64(a)(2) and tables 40 and 41 to 50 CFR part 679
establish a formula for calculating PSC sideboard limits for halibut
and crab caught by listed AFA CPs. The basis for these sideboard limits
is described in detail in the final rules implementing the major
provisions of the AFA (67 FR 79692, December 30, 2002) and Amendment 80
(72 FR 52668, September 14, 2007). PSC species listed in table 14 that
are caught by listed AFA CPs participating in any groundfish fishery
other than pollock will accrue against the proposed 2024 and 2025 PSC
sideboard limits for the listed AFA CPs. Section 679.21(b)(4)(iii),
(e)(3)(v), and (e)(7) authorize NMFS to close directed fishing for
groundfish other than pollock for listed AFA CPs once a proposed 2024
or 2025 PSC sideboard limit listed in table 14 is reached. Pursuant to
Sec. 679.21(b)(1)(ii)(C) and (e)(3)(ii)(C), halibut or crab PSC by
listed AFA CPs while fishing for pollock will accrue against the PSC
allowances annually specified for the pollock/Atka mackerel/``other
species'' fishery categories, according to Sec. 679.21(b)(1)(ii)(B)
and (e)(3)(iv).
Table 14--Proposed 2024 and 2025 BSAI American Fisheries Act Listed Catcher/Processor Prohibited Species
Sideboard Limits
----------------------------------------------------------------------------------------------------------------
Proposed 2024 and
2025 PSC available Proposed 2024 and
PSC species and area \1\ Ratio of PSC to to trawl vessels 2025 CP sideboard
total PSC after subtraction limit \2\
of PSQ \2\
----------------------------------------------------------------------------------------------------------------
Halibut mortality BSAI........................... n/a n/a 286
Red king crab Zone 1............................. 0.007 86,621 606
C. opilio (COBLZ)................................ 0.153 3,884,550 594,336
C. bairdi Zone 1................................. 0.140 875,140 122,520
C. bairdi Zone 2................................. 0.050 2,652,210 132,611
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas.
\2\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
AFA CV Sideboard Limits
The Regional Administrator is responsible for restricting the
ability of listed AFA CVs to engage in directed fishing for groundfish
species other than pollock to protect participants in other groundfish
fisheries from adverse effects resulting from the AFA and from fishery
cooperatives in the pollock directed fishery. These restrictions are
set out as sideboard limits on catch. Section 679.64(b)(3) and (b)(4)
and tables 40 and 41 to 50 CFR part 679 establish formulas for setting
AFA CV groundfish and halibut and crab PSC sideboard limits for the
BSAI. The basis for these sideboard limits is described in detail in
the final rules implementing the major provisions of the AFA (67 FR
79692, December 30, 2002), Amendment 80 (72 FR 52668, September 14,
2007), and Amendment 122 (88 FR 53704, August 8, 2023). NMFS proposes
to exempt AFA CVs from a yellowfin sole sideboard limit pursuant to
Sec. 679.64(b)(6) because the proposed 2024 and 2025 aggregate ITAC of
yellowfin sole assigned to the Amendment 80 sector and BSAI trawl
limited access sector is greater than 125,000 mt.
On February 8, 2019, NMFS published a final rule (84 FR 2723) that
implemented regulations to prohibit non-exempt AFA CVs from directed
fishing for a majority of the groundfish species or species groups
subject to sideboard limits (see Sec. 679.20(d)(1)(iv)(D) and table 55
to 50 CFR part 679). The only remaining sideboard limit for non-exempt
AFA CVs is for Pacific cod. Pursuant to Amendment 122 to the FMP, the
Pacific cod sideboard limit is no longer necessary in the A and B
seasons because directed fishing in the BSAI for Pacific cod by trawl
CVs is now managed under the PCTC Program, and accordingly the
sideboard limit is in effect in the C season only (Sec.
679.64(b)(3)(ii)). Table 15 lists the proposed 2024 and 2025 AFA CV
Pacific cod sideboard limits.
[[Page 84294]]
Table 15--Proposed 2024 and 2025 BSAI Pacific Cod Sideboard Limits for American Fisheries Act Catcher Vessels
(CVs)
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
Ratio of 1997 2024 and 2025 2024 and 2025 AFA
Fishery by area/gear/season AFA CV catch to initial TAC for C catcher vessel
TAC Season sideboard limits
----------------------------------------------------------------------------------------------------------------
Pacific cod BSAI..................................... n/a n/a n/a
Trawl gear CV........................................ n/a n/a n/a
C Season (Jun 10-Nov 1).............................. 0.8609 3,899 3,357
----------------------------------------------------------------------------------------------------------------
Note: As proposed, Sec. 679.64(b)(6) would exempt AFA CVs from a yellowfin sole sideboard limit because the
proposed 2024 and 2025 aggregate ITAC of yellowfin sole assigned to the Amendment 80 sector and BSAI trawl
limited access sector is greater than 125,000 mt.
Halibut and crab PSC limits listed in table 16 that are caught by
AFA CVs participating in any groundfish fishery other than pollock will
accrue against the 2024 and 2025 PSC sideboard limits for the AFA CVs.
Section 679.21(b)(4)(iii), (e)(3)(v), and (e)(7) authorize NMFS to
close directed fishing for groundfish other than pollock for AFA CVs
once a proposed 2024 or 2025 PSC sideboard limit listed in Table 16 is
reached. Pursuant to Sec. 679.21(b)(1)(ii)(C) and (e)(3)(ii)(C),
halibut or crab PSC by AFA CVs while fishing for pollock will accrue
against the PSC allowances annually specified for the pollock/Atka
mackerel/``other species'' fishery categories under Sec.
679.21(b)(1)(ii)(B) and (e)(3)(iv).
Table 16--Proposed 2024 and 2025 American Fisheries Act Catcher Vessel Prohibited Species Catch Sideboard Limits
for the BSAI \1\
----------------------------------------------------------------------------------------------------------------
Proposed 2024 Proposed 2024
AFA catcher and 2025 PSC and 2025 AFA
PSC species and area \1\ Target fishery vessel PSC limit after catcher vessel
category \2\ sideboard limit subtraction of PSC sideboard
ratio PSQ reserves \3\ limit \3\
----------------------------------------------------------------------------------------------------------------
Halibut........................... Pacific cod trawl.... n/a n/a N/A
Pacific cod hook-and- n/a n/a 2
line or pot.
Yellowfin sole total. n/a n/a 101
Rock sole/flathead n/a n/a 228
sole/Alaska plaice/
other flatfish \4\.
Greenland turbot/ n/a n/a ................
arrowtooth flounder/
Kamchatka flounder/
sablefish.
Rockfish............. n/a n/a 2
Pollock/Atka mackerel/ n/a n/a 5
other species \5\.
Red king crab Zone 1.............. n/a.................. 0.2990 86,621 25,900
C. opilio COBLZ................... n/a.................. 0.1680 3,884,550 652,604
C. bairdi Zone 1.................. n/a.................. 0.3300 875,140 288,796
C. bairdi Zone 2.................. n/a.................. 0.1860 2,652,210 493,311
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas and zones.
\2\ Target fishery categories are defined at Sec. 679.21(b)(1)(ii)(B) and (e)(3)(iv).
\3\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
\4\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole,
and yellowfin sole.
\5\ ``Other species'' for PSC monitoring includes skates, sharks, and octopuses.
Classification
NMFS is issuing this proposed rule pursuant to section 305(d) of
the Magnuson-Stevens Act. Through previous actions, the FMP and
regulations authorize NMFS to take this action (50 CFR part 679). The
NMFS Assistant Administrator has preliminarily determined that the
proposed harvest specifications are consistent with the FMP, the
Magnuson-Stevens Act, and other applicable laws, subject to further
review and consideration after public comment.
This action is authorized under 50 CFR 679.20 and is exempt from
review under Executive Order 12866 because it only implements annual
catch limits.
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 2024 and 2025 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) and 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 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
this proposed rule, if adopted, would have on small entities. The IRFA
describes (1) the action; (2) the reasons why this proposed rule is
proposed; (3) the objectives and legal basis for this proposed rule;
(4) the estimated number and description of directly regulated small
entities to which this proposed rule would apply; (5) the
recordkeeping, reporting, and other compliance requirements of this
proposed rule; and (6) 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
[[Page 84295]]
of the Magnuson-Stevens Act, and any other applicable statutes, and
that would minimize any significant economic impact of this proposed
rule on small entities. The description of the proposed action, its
purpose, and the legal basis are explained earlier in the preamble and
are not repeated here.
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
engaged in commercial fishing (NAICS code 11411) is classified as a
small business if it is independently owned and operated, is not
dominant in its field of operation (including its affiliates) and has
combined annual receipts not in excess of $11 million for all its
affiliated operations worldwide. A shoreside and mothership processor
primarily involved in seafood processing (NAICS code 311710) is
classified as a small business if it is independently owned and
operated, is not dominant in its field of operation (including its
affiliates), and has combined annual employment, counting all
individuals employed on a full-time, part-time, or other basis, not in
excess of 750 employees for all its affiliated operations worldwide.
Number and Description of Small Entities Regulated by This Proposed
Rule
The entities directly regulated by the groundfish harvest
specifications include: (1) entities operating vessels with groundfish
Federal fisheries permits (FFPs) catching FMP groundfish in Federal
waters (including those receiving direction allocations of groundfish);
(2) all entities operating vessels, regardless of whether they hold
groundfish FFPs, catching FMP groundfish in the State-waters parallel
fisheries; and (3) all entities operating vessels fishing for halibut
inside 3 nmi of the shore (whether or not they have FFPs). In 2022 (the
most recent year of complete data), there were 135 individual CVs and
CPs with gross revenues less than or equal to $11 million as well as 6
CDQ groups. This represents the potential suite of directly regulated
small entities. This includes an estimated 130 small CV and 2 small CP
entities in the BSAI 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 130 CVs may
be an overstatement of the number of small entities. This latter group
of vessels had average gross revenues that varied by gear type. Average
gross revenues for hook-and-line CVs, pot gear CVs, and trawl gear CVs
are estimated to be $800,000, $1.5 million, and $2.7 million,
respectively. Average gross revenues for CP entities are confidential.
There are three AFA cooperative affiliated motherships, which appear to
fall under the 750-worker threshold and are therefore small entities.
The average gross revenues for the AFA motherships are confidential.
Description of Significant Alternatives That Minimize Adverse Impacts
on Small Entities
The action under consideration is the proposed 2024 and 2025
harvest specifications, apportionments, and prohibited species catch
limits for the groundfish fishery of the BSAI. This action is necessary
to establish harvest limits for groundfish during the 2024 and 2025
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 and NMFS's
harvest strategy to govern the catch of groundfish in the BSAI. This
strategy was selected from among five alternatives, with the preferred
alternative harvest strategy being one in which the TACs fall within
the range of ABCs recommended by the SSC. Under the preferred harvest
strategy, TACs are set to a level that falls within the range of ABCs
recommended by the SSC, and 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 the preferred harvest strategy are those
recommended by the Council in October 2023. OFLs and ABCs for the
species were based on recommendations prepared by the Council's Plan
Team in September 2023, and reviewed by the Council's SSC in October
2023. The Council based its TAC recommendations on those of its AP,
which were consistent with the SSC's OFL and ABC recommendations. The
sum of all TACs remains within the OY for the BSAI consistent with
Sec. 679.20(a)(1)(i)(A). Because setting all TACs equal to ABCs would
cause the sum of TACs to exceed an OY of 2 million mt, TACs for some
species or species groups are lower than the ABCs recommended by the
Plan Team and the SSC.
The proposed 2024 and 2025 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 2024 and
2025 TACs are based on the best available biological and socioeconomic
information. The proposed 2024 and 2025 OFLs, ABCs, and TACs are
consistent with the biological condition of groundfish stocks as
described in the 2022 SAFE report, which is the most recently completed
SAFE report.
Under this action, the proposed ABCs reflect harvest amounts that
are less than the specified overfishing levels. The proposed TACs are
within the range of proposed ABCs recommended by the SSC and do not
exceed the biological limits recommended by the SSC (the ABCs and
overfishing levels). For some species and species groups in the BSAI,
the Council recommended, and NMFS proposes, proposed TACs equal to
proposed ABCs, which is intended to maximize harvest opportunities in
the BSAI. However, NMFS cannot set TACs for all species in the BSAI
equal to their ABCs due to the constraining OY limit of 2 million mt.
For this reason, some proposed TACs are less than the proposed ABCs.
The specific reductions were reviewed and recommended by the Council's
AP, and the Council in turn adopted the AP's TAC recommendations in
making its own recommendations for the proposed 2024 and 2025 TACs.
Based upon the best scientific data available, and in consideration
of the 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 BSAI, including small entities. The action proposes TACs for
commercially-valuable species in the BSAI and allows for the continued
prosecution of the fishery, thereby creating the opportunity for
fishery revenue. After public process during which the Council
solicited input from stakeholders, the Council recommended the proposed
harvest specifications, which NMFS determines would best accomplish the
stated objectives articulated in the preamble for this proposed rule,
and in applicable
[[Page 84296]]
statutes, and would minimize to the extent practicable adverse economic
impacts on the universe of directly regulated small entities.
This action does not modify recordkeeping or reporting
requirements, or duplicate, overlap, or conflict with any Federal
rules.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
Adverse impacts on marine mammals or endangered or threatened
species resulting from fishing activities conducted under these harvest
specifications are discussed in the Final EIS and its accompanying
annual SIRs (see ADDRESSES).
Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 1540(f); 16 U.S.C.
1801 et seq.; 16 U.S.C. 3631 et seq.; Pub. L. 105-277; Pub. L. 106-
31; Pub. L. 106-554; Pub. L. 108-199; Pub. L. 108-447; Pub. L. 109-
241; Pub. L. 109-479.
Dated: November 30, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023-26707 Filed 12-4-23; 8:45 am]
BILLING CODE 3510-22-P
