Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; Revised Final 2023 and 2024 Harvest Specifications for Groundfish, 84754-84758 [2023-26639]
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Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Rules and Regulations
§ 25.112 Dismissal and return of
applications.
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(b) Applications for space station
authority found defective under
paragraph (a)(4) of this section will not
be considered. Applications for
authority found defective under
paragraph (a)(1) or (2) of this section
may be accepted for filing if:
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■ 3. Amend § 25.117 by adding
paragraph (i) to read as follows:
§ 25.117
Modification of station license.
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(i) Unless otherwise ordered by the
Commission, an application to add a
space station point of communication to
an earth station authorization will be
deemed granted 35 days after the date
of the public notice that the application
has been accepted for filing, provided:
(1) The license modification is only to
add one or more points of
communication;
(2) The modification will not cause
the earth station transmissions to exceed
the highest EIRP, EIRP density, and
bandwidth prescribed for any already
authorized emission; and
(3) The new space station point of
communication will operate with the
earth station only in frequency bands
that are not shared with Federal or
terrestrial wireless users and are not
subject to coordination requirements
with other non-Federal satellite
services.
■ 4. Amend § 25.137 by revising
paragraph (d)(5) to read as follows:
§ 25.137 Requests for U.S. market access
through non-U.S.-licensed space stations.
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(d) * * *
(5) Entities that have one market
access request on file with the
Commission for NGSO-like satellite
operations in a particular frequency
band will not be permitted to request
access to the U.S. market for another
NGSO-like satellite system in that
frequency band in the same processing
round subject to the procedures of
§§ 25.157 and 25.261.
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■ 5. Amend § 25.159 by revising
paragraph (b) and paragraph (c)
introductory text to read as follows:
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§ 25.159 Limits on pending applications
and unbuilt satellite systems.
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(b) Applicants with an application for
one NGSO-like satellite system license
on file with the Commission in a
particular frequency band will not be
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permitted to apply for another NGSOlike satellite system license in that
frequency band in the same processing
round subject to the procedures of
§§ 25.157 and 25.261.
(c) If an applicant has an attributable
interest in one or more other entities
seeking one or more space station
licenses or grants of U.S. market access,
the pending applications and licensedbut-unbuilt satellite systems filed by
those other entities will be counted as
filed by the applicant for purposes of
the limits on the number of pending
space station applications or requests
for U.S. market access and licensed-butunbuilt satellite systems in this section
and in § 25.137(d)(5). For purposes of
this section, an applicant has an
‘‘attributable interest’’ in another entity
if:
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[FR Doc. 2023–26699 Filed 12–5–23; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 231129–0281; RTID 0648–
XC365]
Fisheries of the Exclusive Economic
Zone Off Alaska; Bering Sea and
Aleutian Islands; Revised Final 2023
and 2024 Harvest Specifications for
Groundfish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; closures.
AGENCY:
NMFS publishes revisions to
the final 2023 and 2024 harvest
specifications for the 2024 groundfish
fisheries of the Bering Sea and Aleutian
Islands management area (BSAI) that are
required by the final rule implementing
Amendment 122 to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (FMP). This action is
necessary to revise the 2024 trawl
catcher vessel sector’s Pacific cod
allocation of the total allowable catch
and associated halibut and crab
prohibited species catch (PSC) limits in
the BSAI. The intended effect of this
action is to conserve and manage the
groundfish resources in the BSAI in
accordance with the FMP and the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
SUMMARY:
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The final 2023 and 2024 harvest
specifications for 2024 and associated
apportionment of reserves are effective
at 0001 hours, Alaska local time (A.l.t.),
January 1, 2024, until the effective date
of the final 2024 and 2025 harvest
specifications for BSAI groundfish,
which are anticipated to be published in
the Federal Register in early 2024.
ADDRESSES: Electronic copies of the
Final Alaska Groundfish Harvest
Specifications Environmental Impact
Statement (EIS), Record of Decision
(ROD), the annual Supplementary
Information Reports (SIRs) to the EIS,
and the Final Regulatory Flexibility
Analysis (FRFA) prepared for the final
2023 and 2024 harvest specifications are
available from the NMFS Alaska Region
website at https://www.fisheries.
noaa.gov/region/alaska. The 2022 Stock
Assessment and Fishery Evaluation
(SAFE) report for the groundfish
resources of the BSAI, dated November
2022, and SAFE reports for previous
years are available from the North
Pacific Fishery Management Council
(Council) at 1007 West Third Avenue,
Suite 400, Anchorage, AK 99501, phone
907–271–2809, or from the Council’s
website at https://www.npfmc.org.
Electronic copies of the Environmental
Assessment (EA), the Regulatory Impact
Review, the Social Impact Analysis, and
the Finding of No Significant Impact
(FONSI) prepared for Amendment 122
to the FMP and the implementing rule
may be obtained from https://
www.regulations.gov in docket number
NOAA–NMFS–2022–0072 or from the
NMFS Alaska Region website at https://
www.fisheries.noaa.gov/region/alaska.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
SUPPLEMENTARY INFORMATION: Federal
regulations at 50 CFR part 679
implement the FMP and govern the
groundfish fisheries in the BSAI. The
Council prepared the FMP, and NMFS
approved it, under the MagnusonStevens Act. General regulations
governing U.S. fisheries also appear at
50 CFR part 600.
DATES:
Amendment 122 and the Pacific Cod
Trawl Cooperative (PCTC) Program
On August 8, 2023, NMFS published
a final rule to implement Amendment
122 to the FMP (Amendment 122),
which establishes a limited access
privilege program to harvest Pacific cod
in the BSAI trawl catcher vessel (CV)
sector (the PCTC Program). The PCTC
Program allocates Pacific cod quota
share to qualifying groundfish License
Limitation Program license holders and
qualifying processors and requires
participants to form cooperatives to
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Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Rules and Regulations
harvest the quota. A complete
description of the purpose and
background of Amendment 122 is in the
proposed rule for that action (88 FR
8592, February 9, 2023), as well as the
final rule (88 FR 53704, August 8, 2023).
proposed 2024 and 2025 harvest
specifications, which should be
published in December 2023. The final
2024 and 2025 harvest specifications
should be published by March 2024.
The PCTC Program and Accompanying
Changes to the Harvest Specifications
Revisions to the Final 2023 and 2024
Harvest Specifications for 2024 for the
BSAI
In order to effectively manage the
BSAI Pacific cod trawl CV fisheries in
the beginning of 2024, NMFS must
revise the final 2023 and 2024 harvest
specifications (88 FR 14926, March 10,
2023) for 2024 to be consistent with
Amendment 122 and implementing
regulations. The final rule to implement
Amendment 122 revised the Pacific cod
trawl CV allocations in the BSAI by
implementing the PCTC Program in the
BSAI. Additionally, the final rule
revised the crab and halibut PSC limits
for the BSAI trawl limited access sector
to implement the PCTC Program in the
BSAI. These regulatory revisions, as
well as additional revisions necessary to
be consistent with Amendment 122 and
implementing regulations (such as
groundfish and halibut PSC sideboard
limits), will be incorporated into future
harvest specifications for the BSAI
groundfish fisheries, starting with the
Based on the approval of Amendment
122 and its implementing regulations at
50 CFR part 679 (effective September 7,
2023), NMFS is revising the final 2023
and 2024 harvest specifications for 2024
for trawl CV Pacific cod in the BSAI.
With this final rule, NMFS revises tables
9 and 16 and adds table 16a in the final
2023 and 2024 harvest specifications for
groundfish in the BSAI (88 FR 14926,
March 10, 2023) to be consistent with
the final rule implementing Amendment
122. Tables 9 and 16 were originally
published in the final 2023 and 2024
harvest specifications for the BSAI. This
final rule uses the same table numbers
and titles for tables 9 and 16 that were
used in the final 2023 and 2024 harvest
specifications and adds table 16a.
However, the title of table 16 is revised
to remove the term ‘‘AND 2024’’ and the
reasons for this revision are addressed
in the next section.
Revision to Table 9—Final 2024 Sector
Allocations and Seasonal Allowances of
the BSAI Pacific Cod TAC
Table 9 lists the final 2024 Pacific cod
Community Development Quota (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). The
table published in the final 2023 and
2024 harvest specifications reflects the
trawl CV sector allocation and seasonal
allowances, consistent with the
regulations in effect when the final 2023
and 2024 harvest specifications were
published. Table 9 must be revised to
reflect the trawl CV Incidental Catch
Amounts (ICAs) and PCTC Program
allocations for the A and B seasons in
accordance with regulatory changes
made under Amendment 122. Pursuant
to § 679.131(b), the A and B season
trawl CV Pacific cod TAC specified for
the BSAI is now allocated between the
ICA and the PCTC Program. This is a
change from 2023 and prior years, when
the trawl CV A and B Pacific cod
seasons were not further allocated. This
final action revises table 9 to
incorporate the correct sector
allocations and seasonal allowances for
2024 Pacific cod in the BSAI.
TABLE 9—FINAL 2024 SECTOR ALLOCATIONS AND SEASONAL ALLOWANCES OF THE BSAI PACIFIC COD TAC
[Values are rounded to the nearest metric ton]
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Sector
Total Bering Sea TAC ........................................
Bering Sea CDQ ................................................
Bering Sea non-CDQ TAC .................................
Total Aleutian Islands TAC ................................
Aleutian Islands CDQ .........................................
Aleutian Islands non-CDQ TAC .........................
Western Aleutians Islands Limit .........................
Total BSAI non-CDQ TAC 1 ...............................
Total hook-and-line/pot gear ..............................
Hook-and-line/pot ICA 2 ......................................
Hook-and-line/pot sub-total ................................
Hook-and-line catcher/processors ......................
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-andline 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 ............................
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2024 Share
of gear
sector total
2024 Share
of sector
total
n/a
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
123,295
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
n/a
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 ...........................................
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
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
22.1
................
................
................
................
................
2.3
25,995
........................
........................
........................
........................
........................
2,705
n/a
........................
........................
........................
........................
........................
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 ...........................................
n/a
1,500
17,737
700
2,159
3,899
n/a
Percent
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2024 Seasonal allowances
Season
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84756
Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Rules and Regulations
TABLE 9—FINAL 2024 SECTOR ALLOCATIONS AND SEASONAL ALLOWANCES OF THE BSAI PACIFIC COD TAC—Continued
[Values are rounded to the nearest metric ton]
Sector
2024 Share
of gear
sector total
2024 Share
of sector
total
........................
........................
........................
15,762
........................
........................
........................
1,647
........................
........................
........................
........................
........................
........................
n/a
........................
........................
........................
n/a
........................
........................
........................
Percent
A-season ............................................................
B-season ............................................................
C-season ............................................................
Amendment 80 ...................................................
A-season ............................................................
B-season ............................................................
C-season ............................................................
Jig .......................................................................
A-season ............................................................
B-season ............................................................
C-season ............................................................
................
................
................
13.4
................
................
................
1.4
................
................
................
2024 Seasonal allowances
Season
Amount
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 .......................
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 Aleutian Islands (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 establishes an ICA of 500 metric tons (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 establishes ICAs for the A and B seasons 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.
Revision to Table 16—Final 2023 and
2024 Prohibited Species Bycatch
Allowances for the BSAI Trawl Limited
Access Sector
Table 16 lists the seasonal allocations
of the 2023 and 2024 crab and halibut
PSC limits in the BSAI for the BSAI
trawl limited access sector by fishery
category and season. These allocations
are made pursuant to § 679.21(b) and (e)
(as revised). The table published in the
final 2023 and 2024 harvest
specifications incorporates fishery
categories and seasonal apportionments
for the trawl CV sector and American
Fisheries Act (AFA) catcher/processor
(CP) sector. NMFS is removing ‘‘AND
2024’’ from the title for table 16 and is
adding table 16a to incorporate the
correct 2024 PCTC Program allocations
to trawl CVs and AFA CPs in
accordance with regulatory changes
made under Amendment 122. For the
PCTC Program, NMFS will apportion
the crab PSC limit assigned to the BSAI
trawl limited access sector Pacific cod
fishery to the trawl CV sector at 90.6
percent and to the AFA CP sector at 9.4
percent (§ 679.131(d)). NMFS will
apportion the halibut PSC limit assigned
to the BSAI trawl limited access sector
Pacific cod fishery to the trawl CV
sector at 98 percent and to the AFA CP
sector at 2 percent (§ 679.131(c)). NMFS
will then apportion the crab and halibut
PSC limit to the trawl CV sector for the
A and B seasons combined (January 20
through June 10), and C season (June 10
through November 1). Of the crab and
halibut PSC limit apportioned to the
trawl CV sector, 95 percent will be
available for the PCTC Program in the
combined A and B seasons and 5
percent is available for the C season.
To implement the crab and halibut
PSC reductions under the PCTC
Program, NMFS will annually apply a
fixed percentage reduction to the
combined A and B seasons PSC
apportionment derived from the Pacific
cod trawl CV sector halibut PSC
apportionment because the specific
percentage of the total halibut PSC limit
assigned to the BSAI trawl limited
access sector (§ 679.21(b)(1)(ii)), as well
as the total crab PSC limit assigned to
the BSAI trawl limited access sector
(§ 679.21(e)(3)(i)), may change annually.
The total crab PSC reduction under the
PCTC Program is 35 percent, and NMFS
is fully implementing this reduced PSC
limit in the 2024 harvest specifications.
The total halibut PSC reduction under
the PCTC Program is 25 percent, which
will be phased in over 2 years,
consistent with the PCTC Program
regulations (§ 679.131(c)(1)(iii)). In the
first year of the PCTC Program, NMFS
is applying a 12.5 percent reduction to
the combined A and B seasons trawl CV
sector halibut PSC apportionment in the
2024 harvest specifications. In the
second year and every year thereafter,
NMFS will apply the 25 percent
reduction to the combined A and B
season trawl CV sector halibut PSC
apportionment. This final action revises
table 16 to remove ‘‘AND 2024’’ because
this revision action requires a new table
for 2024.
TABLE 16–FINAL 2023 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL LIMITED ACCESS SECTOR
Prohibited species and area and zone 1
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BSAI trawl limited access fisheries
Yellowfin sole .....................................................................................
Rock sole/flathead sole/Alaska plaice/other flatfish 2 ........................
Greenland turbot/arrowtooth flounder/Kamchatka flounder/sablefish
Rockfish April 15–December 31 ........................................................
Pacific cod ..........................................................................................
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C. bairdi
(animals)
Halibut
mortality
(mt) BSAI
Red king crab
(animals)
zone 1
C. opilio
(animals)
COBLZ
Zone 1
Zone 2
265
........................
........................
5
300
7,700
........................
........................
........................
975
1,192,179
....................
....................
1,006
50,281
293,234
..................
..................
..................
50,816
1,005,879
....................
....................
849
42,424
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Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Rules and Regulations
TABLE 16–FINAL 2023 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL LIMITED ACCESS SECTOR—
Continued
Prohibited species and area and zone 1
BSAI trawl limited access fisheries
Halibut
mortality
(mt) BSAI
Red king crab
(animals)
zone 1
C. opilio
(animals)
COBLZ
C. bairdi
(animals)
Zone 1
Zone 2
Pollock/Atka mackerel/other species 3 ...............................................
175
65
5,028
4,235
4,243
Total BSAI trawl limited access PSC .........................................
745
8,739
1,248,494
348,285
1,053,394
Note: Seasonal or sector allowances may not total precisely due to rounding.
1 Refer to § 679.2 for definitions of areas and zones.
2 ‘‘Other flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder,
flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
3 ‘‘Other species’’ for PSC monitoring includes skates, sharks, and octopuses.
TABLE 16A—FINAL 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
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 ...............................................
Total BSAI trawl limited access sector PSC .....................................
C. bairdi
(animals)
Halibut
mortality
(mt) BSAI
Red king crab
(animals)
zone 1
C. opilio
(animals)
COBLZ
Zone 1
Zone 2
265
........................
........................
5
300
6
244
15
35
175
745
7,700
........................
........................
........................
975
92
545
44
294
65
8,739
1,192,179
....................
....................
1,006
50,281
4,726
28,130
2,278
15,147
5,028
1,248,494
293,234
..................
..................
..................
50,816
4,777
28,429
2,302
15,308
4,235
348,285
1,005,879
....................
....................
849
42,424
3,988
23,734
1,922
12,780
4,243
1,053,394
1 Refer
to § 679.2 for definitions of areas and zones.
flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder,
flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
3 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.
lotter on DSK11XQN23PROD with RULES1
2 ‘‘Other
This final rule is necessary to ensure
that appropriate Pacific cod allocations
and crab and halibut PSC limits will be
in effect for the beginning of the 2024
fishing year for those fishery
participants affected by the PCTC
Program changes that were established
under Amendment 122 and its
implementing regulations. These
changes to the Pacific cod allocations
and crab and halibut PSC limits also
will be incorporated in future harvest
specifications for the BSAI groundfish
fisheries.
Classification
NMFS issues the groundfish harvest
specifications pursuant to 305(d) of the
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16:08 Dec 05, 2023
Jkt 262001
Magnuson-Stevens Act. Through
previous actions, the FMP and
regulations authorize NMFS to issue the
groundfish harvest specifications. See
50 CFR part 679. The NMFS Assistant
Administrator has determined that these
revisions to the final 2023 and 2024
harvest specifications for 2024 are
consistent with the FMP, the MagnusonStevens Act, and other applicable laws.
This action is authorized under 50
CFR 679.20 and is exempt from review
under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), the
NMFS Assistant Administrator finds
good cause to waive prior notice and
opportunity for public comment on this
action as notice and comment would be
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Fmt 4700
Sfmt 4700
unnecessary and contrary to the public
interest. Through this action, NMFS
revises the final 2024 BSAI harvest
specifications to be consistent with the
final rule implementing Amendment
122 to the FMP and to ensure that the
2024 trawl CV Pacific cod allocation
and PSC limit changes implemented
under Amendment 122 and its final rule
will be effective at the beginning of the
2024 fishing year. Prior notice and
opportunity for public comment on this
action is unnecessary because the
revisions from this action merely update
the 2024 BSAI harvest specifications to
reflect allocations and PSC limits
implemented and required by the final
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Federal Register / Vol. 88, No. 233 / Wednesday, December 6, 2023 / Rules and Regulations
rule for Amendment 122: the 2023 and
2024 groundfish harvest specifications
have already been subject to notice and
comment, and the final rule and
Amendment 122 were also already
subject to notice and comment. This
action does not revise the final 2023 and
2024 BSAI harvest specifications in any
substantive manner not previously the
subject of notice and comment during
the development of Amendment 122
and implementing regulations.
In addition, it is important and
necessary that the Pacific cod
allocations and PSC limits revised
under Amendment 122 and its
implementing regulations are effective
at the beginning of the 2024 fishing
year, rather than waiting to implement
the revisions in the final 2024 and 2025
BSAI harvest specifications, which will
not be effective until after the start of
the 2024 fishing year. The current 2023
and 2024 BSAI harvest specifications
became effective before Amendment 122
was published. The Pacific cod fisheries
in the BSAI are intensive, fast-paced
fisheries. U.S. fishing vessels have
demonstrated the capacity to catch the
Pacific cod TAC allocations in these
fisheries. This fleet in particular targets
much of their annual catch early in the
year when fish school up to spawn.
Much of this fishing will be over by
when the final 2024 and 2025 BSAI
harvest specifications publish in
February or March of 2024. The harvest
specifications rely upon annual surveys
and analyses to set the following year’s
allocations. Such surveys were not
available in time to assess the data and
publish this rule any sooner. Any delay
in allocating the 2024 Pacific cod trawl
CV TACs under Amendment 122 and its
implementing regulations would cause
confusion to the industry and potential
economic harm through unnecessary
discards.
Determining which fisheries may
close is impossible because these
fisheries are affected by several factors
that cannot be predicted in advance,
including fishing effort, weather,
movement of fishery stocks, and market
price. Furthermore, the closure of one
fishery has a cascading effect on other
fisheries by freeing up fishing vessels,
allowing them to move from closed
fisheries to open fisheries, increasing
the fishing capacity in those open
fisheries, and causing them to close at
an accelerated pace. Accordingly,
waiver of prior notice and opportunity
for public comment and publication of
this final rule is necessary to ensure that
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16:08 Dec 05, 2023
Jkt 262001
the allocations and limitations required
under the final rule to implement
Amendment 122 will be effective at the
beginning of the 2024 fishing year and
to provide the regulated community
with timely, adequate, and accurate
information necessary to allow the
industry to plan for the 2024 fishing
season, to conduct orderly and efficient
fisheries, and to avoid potential
disruption to the fishing fleet and
processors.
For the same reasons, NMFS finds
good cause under 5 U.S.C. 553(d)(3) to
waive the 30-day delay in the effective
date.
NMFS prepared a Final 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. In
January–February 2023, NMFS prepared
a SIR for the 2023 and 2024 harvest
specifications and determined that a
supplemental EIS is not necessary to
implement the 2023 and 2024 harvest
specifications. Copies of the Final EIS,
ROD, and annual SIRs for this action are
available from NMFS (see ADDRESSES).
NMFS also prepared an EA and FONSI
in conjunction with Amendment 122 to
the BSAI FMP (See ADDRESSES).
Because prior notice and opportunity
for public comment are not required for
this rule by 5 U.S.C. 553, or any other
law, the analytical requirements of the
Regulatory Flexibility Act are
inapplicable. This rule modifies the
final 2023 and 2024 harvest
specifications to be consistent with
Amendment 122 and implementing
regulations, for both of which NMFS
prepared a FRFA. A FRFA was prepared
to evaluate the impacts on small entities
resulting from establishing the final
2023 and 2024 harvest specifications, in
accordance with Section 604 of the
Regulatory Flexibility Act (RFA) (5
U.S.C. 604). The FRFA was published
with the harvest specifications final rule
(88 FR 14926, March 10, 2023) and is
not repeated here. Additionally, an
initial regulatory flexibility analysis
(IRFA) and FRFA were prepared for
Amendment 122. The FRFA for
Amendment 122 incorporates the IRFA,
a summary of the significant issues
raised by the public comments in
response to the IRFA, NMFS’s responses
to those comments, and a summary of
the analyses completed to support the
action.
This action does not modify
recordkeeping or reporting
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Fmt 4700
Sfmt 9990
requirements, or duplicate, overlap, or
conflict with any Federal rules.
This rule contains no information
collection requirements under the
Paperwork Reduction Act of 1995.
Small Entity Compliance Guide
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designate such
publications as ‘‘small entity
compliance guides.’’ The agency shall
explain the actions a small entity is
required to take to comply with a rule
or group of rules. A FRFA was not
required to implement this rule.
NMFS, however, provides the
following information as a plain
language guide to assist small entities in
complying with this final rule. This
final rule is necessary to revise final
2023 and 2024 harvest specifications for
2024 Pacific cod allocations and crab
and halibut PSC limits in the BSAI so
that the allocations and PSC limits are
consistent with new fishery allocations
and PSC limits established under the
final rule to implement Amendment
122. This action affects all fishermen
who participate in the trawl CV and
AFA CP sectors Pacific cod fisheries in
the BSAI. The specific amounts of
Pacific cod TAC apportionments and
PSC limit allocations are provided in
tabular form to assist the reader. NMFS
will announce closures of directed
fishing in the Federal Register and in
information bulletins released by the
Alaska Region. Affected fishermen
should keep themselves informed of
such closures. Additional information
on the PCTC Program, including a small
entity compliance guide, can be found
on the NMFS Alaska Region website at
https://www.fisheries.noaa.gov/s3/202308/PCTC-Small-Entity-ComplianceGuide-FAQ.pdf.
Authority: 16 U.S.C. 773 et seq.; 16 U.S.C.
1540 (f), 1801 et seq.; 16 U.S.C. 3631 et seq.;
Pub. L. 105–277; Pub. L. 106–31; Pub. L.
106–554; Pub. L. 108–199; Pub. L. 108–447;
Pub. L. 122–241; Pub. L 122–479.
Dated: November 30, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023–26639 Filed 12–5–23; 8:45 am]
BILLING CODE 3510–22–P
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[Federal Register Volume 88, Number 233 (Wednesday, December 6, 2023)]
[Rules and Regulations]
[Pages 84754-84758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26639]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 231129-0281; RTID 0648-XC365]
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands; Revised Final 2023 and 2024 Harvest
Specifications for Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; closures.
-----------------------------------------------------------------------
SUMMARY: NMFS publishes revisions to the final 2023 and 2024 harvest
specifications for the 2024 groundfish fisheries of the Bering Sea and
Aleutian Islands management area (BSAI) that are required by the final
rule implementing Amendment 122 to the Fishery Management Plan for
Groundfish of the Bering Sea and Aleutian Islands Management Area
(FMP). This action is necessary to revise the 2024 trawl catcher vessel
sector's Pacific cod allocation of the total allowable catch and
associated halibut and crab prohibited species catch (PSC) limits in
the BSAI. The intended effect of this action is to conserve and manage
the groundfish resources in the BSAI in accordance with the FMP and the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).
DATES: The final 2023 and 2024 harvest specifications for 2024 and
associated apportionment of reserves are effective at 0001 hours,
Alaska local time (A.l.t.), January 1, 2024, until the effective date
of the final 2024 and 2025 harvest specifications for BSAI groundfish,
which are anticipated to be published in the Federal Register in early
2024.
ADDRESSES: Electronic copies of the Final Alaska Groundfish Harvest
Specifications Environmental Impact Statement (EIS), Record of Decision
(ROD), the annual Supplementary Information Reports (SIRs) to the EIS,
and the Final Regulatory Flexibility Analysis (FRFA) prepared for the
final 2023 and 2024 harvest specifications are available from the NMFS
Alaska Region website at https://www.fisheries.noaa.gov/region/alaska.
The 2022 Stock Assessment and Fishery Evaluation (SAFE) report for the
groundfish resources of the BSAI, dated November 2022, and SAFE reports
for previous years are available from the North Pacific Fishery
Management Council (Council) at 1007 West Third Avenue, Suite 400,
Anchorage, AK 99501, phone 907-271-2809, or from the Council's website
at https://www.npfmc.org. Electronic copies of the Environmental
Assessment (EA), the Regulatory Impact Review, the Social Impact
Analysis, and the Finding of No Significant Impact (FONSI) prepared for
Amendment 122 to the FMP and the implementing rule may be obtained from
https://www.regulations.gov in docket number NOAA-NMFS-2022-0072 or
from the NMFS Alaska Region website at https://www.fisheries.noaa.gov/region/alaska.
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.
SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR part 679
implement the FMP and govern the groundfish fisheries in the BSAI. The
Council prepared the FMP, and NMFS approved it, under the Magnuson-
Stevens Act. General regulations governing U.S. fisheries also appear
at 50 CFR part 600.
Amendment 122 and the Pacific Cod Trawl Cooperative (PCTC) Program
On August 8, 2023, NMFS published a final rule to implement
Amendment 122 to the FMP (Amendment 122), which establishes a limited
access privilege program to harvest Pacific cod in the BSAI trawl
catcher vessel (CV) sector (the PCTC Program). The PCTC Program
allocates Pacific cod quota share to qualifying groundfish License
Limitation Program license holders and qualifying processors and
requires participants to form cooperatives to
[[Page 84755]]
harvest the quota. A complete description of the purpose and background
of Amendment 122 is in the proposed rule for that action (88 FR 8592,
February 9, 2023), as well as the final rule (88 FR 53704, August 8,
2023).
The PCTC Program and Accompanying Changes to the Harvest Specifications
In order to effectively manage the BSAI Pacific cod trawl CV
fisheries in the beginning of 2024, NMFS must revise the final 2023 and
2024 harvest specifications (88 FR 14926, March 10, 2023) for 2024 to
be consistent with Amendment 122 and implementing regulations. The
final rule to implement Amendment 122 revised the Pacific cod trawl CV
allocations in the BSAI by implementing the PCTC Program in the BSAI.
Additionally, the final rule revised the crab and halibut PSC limits
for the BSAI trawl limited access sector to implement the PCTC Program
in the BSAI. These regulatory revisions, as well as additional
revisions necessary to be consistent with Amendment 122 and
implementing regulations (such as groundfish and halibut PSC sideboard
limits), will be incorporated into future harvest specifications for
the BSAI groundfish fisheries, starting with the proposed 2024 and 2025
harvest specifications, which should be published in December 2023. The
final 2024 and 2025 harvest specifications should be published by March
2024.
Revisions to the Final 2023 and 2024 Harvest Specifications for 2024
for the BSAI
Based on the approval of Amendment 122 and its implementing
regulations at 50 CFR part 679 (effective September 7, 2023), NMFS is
revising the final 2023 and 2024 harvest specifications for 2024 for
trawl CV Pacific cod in the BSAI. With this final rule, NMFS revises
tables 9 and 16 and adds table 16a in the final 2023 and 2024 harvest
specifications for groundfish in the BSAI (88 FR 14926, March 10, 2023)
to be consistent with the final rule implementing Amendment 122. Tables
9 and 16 were originally published in the final 2023 and 2024 harvest
specifications for the BSAI. This final rule uses the same table
numbers and titles for tables 9 and 16 that were used in the final 2023
and 2024 harvest specifications and adds table 16a. However, the title
of table 16 is revised to remove the term ``AND 2024'' and the reasons
for this revision are addressed in the next section.
Revision to Table 9--Final 2024 Sector Allocations and Seasonal
Allowances of the BSAI Pacific Cod TAC
Table 9 lists the final 2024 Pacific cod Community Development
Quota (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). The table published in the final 2023 and 2024
harvest specifications reflects the trawl CV sector allocation and
seasonal allowances, consistent with the regulations in effect when the
final 2023 and 2024 harvest specifications were published. Table 9 must
be revised to reflect the trawl CV Incidental Catch Amounts (ICAs) and
PCTC Program allocations for the A and B seasons in accordance with
regulatory changes made under Amendment 122. Pursuant to Sec.
679.131(b), the A and B season trawl CV Pacific cod TAC specified for
the BSAI is now allocated between the ICA and the PCTC Program. This is
a change from 2023 and prior years, when the trawl CV A and B Pacific
cod seasons were not further allocated. This final action revises table
9 to incorporate the correct sector allocations and seasonal allowances
for 2024 Pacific cod in the BSAI.
Table 9--Final 2024 Sector Allocations and Seasonal Allowances of the BSAI Pacific Cod TAC
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2024 Share of 2024 Seasonal allowances
Sector Percent gear sector 2024 Share of ------------------------------------------------------------------
total sector total Season Amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Bering Sea TAC...................... n/a 123,295 n/a n/a.............................................. n/a
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- 2.0 n/a 2,336 n/a.............................................. n/a
line 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
[[Page 84756]]
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 Aleutian Islands (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 establishes an ICA of 500 metric tons (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 establishes ICAs for the A and B seasons 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.
Revision to Table 16--Final 2023 and 2024 Prohibited Species Bycatch
Allowances for the BSAI Trawl Limited Access Sector
Table 16 lists the seasonal allocations of the 2023 and 2024 crab
and halibut PSC limits in the BSAI for the BSAI trawl limited access
sector by fishery category and season. These allocations are made
pursuant to Sec. 679.21(b) and (e) (as revised). The table published
in the final 2023 and 2024 harvest specifications incorporates fishery
categories and seasonal apportionments for the trawl CV sector and
American Fisheries Act (AFA) catcher/processor (CP) sector. NMFS is
removing ``AND 2024'' from the title for table 16 and is adding table
16a to incorporate the correct 2024 PCTC Program allocations to trawl
CVs and AFA CPs in accordance with regulatory changes made under
Amendment 122. For the PCTC Program, NMFS will apportion the crab PSC
limit assigned to the BSAI trawl limited access sector Pacific cod
fishery to the trawl CV sector at 90.6 percent and to the AFA CP sector
at 9.4 percent (Sec. 679.131(d)). NMFS will apportion the halibut PSC
limit assigned to the BSAI trawl limited access sector Pacific cod
fishery to the trawl CV sector at 98 percent and to the AFA CP sector
at 2 percent (Sec. 679.131(c)). NMFS will then apportion the crab and
halibut PSC limit to the trawl CV sector for the A and B seasons
combined (January 20 through June 10), and C season (June 10 through
November 1). Of the crab and halibut PSC limit apportioned to the trawl
CV sector, 95 percent will be available for the PCTC Program in the
combined A and B seasons and 5 percent is available for the C season.
To implement the crab and halibut PSC reductions under the PCTC
Program, NMFS will annually apply a fixed percentage reduction to the
combined A and B seasons PSC apportionment derived from the Pacific cod
trawl CV sector halibut PSC apportionment because the specific
percentage of the total halibut PSC limit assigned to the BSAI trawl
limited access sector (Sec. 679.21(b)(1)(ii)), as well as the total
crab PSC limit assigned to the BSAI trawl limited access sector (Sec.
679.21(e)(3)(i)), may change annually. The total crab PSC reduction
under the PCTC Program is 35 percent, and NMFS is fully implementing
this reduced PSC limit in the 2024 harvest specifications. The total
halibut PSC reduction under the PCTC Program is 25 percent, which will
be phased in over 2 years, consistent with the PCTC Program regulations
(Sec. 679.131(c)(1)(iii)). In the first year of the PCTC Program, NMFS
is applying a 12.5 percent reduction to the combined A and B seasons
trawl CV sector halibut PSC apportionment in the 2024 harvest
specifications. In the second year and every year thereafter, NMFS will
apply the 25 percent reduction to the combined A and B season trawl CV
sector halibut PSC apportionment. This final action revises table 16 to
remove ``AND 2024'' because this revision action requires a new table
for 2024.
Table 16-Final 2023 Prohibited Species Bycatch Allowances for the BSAI Trawl Limited Access Sector
----------------------------------------------------------------------------------------------------------------
Prohibited species and area and zone \1\
---------------------------------------------------------------------
BSAI trawl limited access fisheries Halibut Red king crab C. opilio C. bairdi (animals)
mortality (mt) (animals) zone (animals) ------------------------
BSAI 1 COBLZ Zone 1 Zone 2
----------------------------------------------------------------------------------------------------------------
Yellowfin sole............................ 265 7,700 1,192,179 293,234 1,005,879
Rock sole/flathead sole/Alaska plaice/ .............. .............. ........... .......... ...........
other flatfish \2\.......................
Greenland turbot/arrowtooth flounder/ .............. .............. ........... .......... ...........
Kamchatka flounder/sablefish.............
Rockfish April 15-December 31............. 5 .............. 1,006 .......... 849
Pacific cod............................... 300 975 50,281 50,816 42,424
[[Page 84757]]
Pollock/Atka mackerel/other species \3\... 175 65 5,028 4,235 4,243
---------------------------------------------------------------------
Total BSAI trawl limited access PSC... 745 8,739 1,248,494 348,285 1,053,394
----------------------------------------------------------------------------------------------------------------
Note: Seasonal or sector allowances may not total precisely due to rounding.
\1\ Refer to Sec. 679.2 for definitions of areas and zones.
\2\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole,
and yellowfin sole.
\3\ ``Other species'' for PSC monitoring includes skates, sharks, and octopuses.
Table 16a--Final 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 Red king crab C. opilio C. bairdi (animals)
mortality (mt) (animals) zone (animals) ------------------------
BSAI 1 COBLZ Zone 1 Zone 2
----------------------------------------------------------------------------------------------------------------
Yellowfin sole............................ 265 7,700 1,192,179 293,234 1,005,879
Rock sole/flathead sole/other flatfish \2\ .............. .............. ........... .......... ...........
Greenland turbot/arrowtooth flounder/ .............. .............. ........... .......... ...........
Kamchatka flounder/sablefish.............
Rockfish, April 15-December 31............ 5 .............. 1,006 .......... 849
Total Pacific cod \3\..................... 300 975 50,281 50,816 42,424
AFA CP Pacific cod........................ 6 92 4,726 4,777 3,988
PCTC Program Pacific cod, A and B Season.. 244 545 28,130 28,429 23,734
Trawl CV Pacific cod, C Season............ 15 44 2,278 2,302 1,922
PCTC Program unallocated reduction........ 35 294 15,147 15,308 12,780
Pollock/Atka mackerel/other species \4\... 175 65 5,028 4,235 4,243
Total BSAI trawl limited access sector PSC 745 8,739 1,248,494 348,285 1,053,394
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas and zones.
\2\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole,
and yellowfin sole.
\3\ 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.
This final rule is necessary to ensure that appropriate Pacific cod
allocations and crab and halibut PSC limits will be in effect for the
beginning of the 2024 fishing year for those fishery participants
affected by the PCTC Program changes that were established under
Amendment 122 and its implementing regulations. These changes to the
Pacific cod allocations and crab and halibut PSC limits also will be
incorporated in future harvest specifications for the BSAI groundfish
fisheries.
Classification
NMFS issues the groundfish harvest specifications pursuant to
305(d) of the Magnuson-Stevens Act. Through previous actions, the FMP
and regulations authorize NMFS to issue the groundfish harvest
specifications. See 50 CFR part 679. The NMFS Assistant Administrator
has determined that these revisions to the final 2023 and 2024 harvest
specifications for 2024 are consistent with the FMP, the Magnuson-
Stevens Act, and other applicable laws.
This action is authorized under 50 CFR 679.20 and is exempt from
review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), the NMFS Assistant Administrator
finds good cause to waive prior notice and opportunity for public
comment on this action as notice and comment would be unnecessary and
contrary to the public interest. Through this action, NMFS revises the
final 2024 BSAI harvest specifications to be consistent with the final
rule implementing Amendment 122 to the FMP and to ensure that the 2024
trawl CV Pacific cod allocation and PSC limit changes implemented under
Amendment 122 and its final rule will be effective at the beginning of
the 2024 fishing year. Prior notice and opportunity for public comment
on this action is unnecessary because the revisions from this action
merely update the 2024 BSAI harvest specifications to reflect
allocations and PSC limits implemented and required by the final
[[Page 84758]]
rule for Amendment 122: the 2023 and 2024 groundfish harvest
specifications have already been subject to notice and comment, and the
final rule and Amendment 122 were also already subject to notice and
comment. This action does not revise the final 2023 and 2024 BSAI
harvest specifications in any substantive manner not previously the
subject of notice and comment during the development of Amendment 122
and implementing regulations.
In addition, it is important and necessary that the Pacific cod
allocations and PSC limits revised under Amendment 122 and its
implementing regulations are effective at the beginning of the 2024
fishing year, rather than waiting to implement the revisions in the
final 2024 and 2025 BSAI harvest specifications, which will not be
effective until after the start of the 2024 fishing year. The current
2023 and 2024 BSAI harvest specifications became effective before
Amendment 122 was published. The Pacific cod fisheries in the BSAI are
intensive, fast-paced fisheries. U.S. fishing vessels have demonstrated
the capacity to catch the Pacific cod TAC allocations in these
fisheries. This fleet in particular targets much of their annual catch
early in the year when fish school up to spawn. Much of this fishing
will be over by when the final 2024 and 2025 BSAI harvest
specifications publish in February or March of 2024. The harvest
specifications rely upon annual surveys and analyses to set the
following year's allocations. Such surveys were not available in time
to assess the data and publish this rule any sooner. Any delay in
allocating the 2024 Pacific cod trawl CV TACs under Amendment 122 and
its implementing regulations would cause confusion to the industry and
potential economic harm through unnecessary discards.
Determining which fisheries may close is impossible because these
fisheries are affected by several factors that cannot be predicted in
advance, including fishing effort, weather, movement of fishery stocks,
and market price. Furthermore, the closure of one fishery has a
cascading effect on other fisheries by freeing up fishing vessels,
allowing them to move from closed fisheries to open fisheries,
increasing the fishing capacity in those open fisheries, and causing
them to close at an accelerated pace. Accordingly, waiver of prior
notice and opportunity for public comment and publication of this final
rule is necessary to ensure that the allocations and limitations
required under the final rule to implement Amendment 122 will be
effective at the beginning of the 2024 fishing year and to provide the
regulated community with timely, adequate, and accurate information
necessary to allow the industry to plan for the 2024 fishing season, to
conduct orderly and efficient fisheries, and to avoid potential
disruption to the fishing fleet and processors.
For the same reasons, NMFS finds good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in the effective date.
NMFS prepared a Final 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. In January-
February 2023, NMFS prepared a SIR for the 2023 and 2024 harvest
specifications and determined that a supplemental EIS is not necessary
to implement the 2023 and 2024 harvest specifications. Copies of the
Final EIS, ROD, and annual SIRs for this action are available from NMFS
(see ADDRESSES). NMFS also prepared an EA and FONSI in conjunction with
Amendment 122 to the BSAI FMP (See ADDRESSES).
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act are
inapplicable. This rule modifies the final 2023 and 2024 harvest
specifications to be consistent with Amendment 122 and implementing
regulations, for both of which NMFS prepared a FRFA. A FRFA was
prepared to evaluate the impacts on small entities resulting from
establishing the final 2023 and 2024 harvest specifications, in
accordance with Section 604 of the Regulatory Flexibility Act (RFA) (5
U.S.C. 604). The FRFA was published with the harvest specifications
final rule (88 FR 14926, March 10, 2023) and is not repeated here.
Additionally, an initial regulatory flexibility analysis (IRFA) and
FRFA were prepared for Amendment 122. The FRFA for Amendment 122
incorporates the IRFA, a summary of the significant issues raised by
the public comments in response to the IRFA, NMFS's responses to those
comments, and a summary of the analyses completed to support the
action.
This action does not modify recordkeeping or reporting
requirements, or duplicate, overlap, or conflict with any Federal
rules.
This rule contains no information collection requirements under the
Paperwork Reduction Act of 1995.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. A FRFA was
not required to implement this rule.
NMFS, however, provides the following information as a plain
language guide to assist small entities in complying with this final
rule. This final rule is necessary to revise final 2023 and 2024
harvest specifications for 2024 Pacific cod allocations and crab and
halibut PSC limits in the BSAI so that the allocations and PSC limits
are consistent with new fishery allocations and PSC limits established
under the final rule to implement Amendment 122. This action affects
all fishermen who participate in the trawl CV and AFA CP sectors
Pacific cod fisheries in the BSAI. The specific amounts of Pacific cod
TAC apportionments and PSC limit allocations are provided in tabular
form to assist the reader. NMFS will announce closures of directed
fishing in the Federal Register and in information bulletins released
by the Alaska Region. Affected fishermen should keep themselves
informed of such closures. Additional information on the PCTC Program,
including a small entity compliance guide, can be found on the NMFS
Alaska Region website at https://www.fisheries.noaa.gov/s3/2023-08/PCTC-Small-Entity-Compliance-Guide-FAQ.pdf.
Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 1540 (f), 1801 et
seq.; 16 U.S.C. 3631 et seq.; Pub. L. 105-277; Pub. L. 106-31; Pub.
L. 106-554; Pub. L. 108-199; Pub. L. 108-447; Pub. L. 122-241; Pub.
L 122-479.
Dated: November 30, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023-26639 Filed 12-5-23; 8:45 am]
BILLING CODE 3510-22-P
