Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; Final 2024 and 2025 Harvest Specifications for Groundfish, 17287-17321 [2024-05093]
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ACTION: Final rule; harvest specifications
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50 CFR Part 679
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Fisheries of the Exclusive Economic
Zone Off Alaska; Bering Sea and
Aleutian Islands; Final 2024 and 2025
Harvest Specifications for Groundfish
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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NMFS announces the final
2024 and 2025 harvest specifications,
apportionments, and prohibited species
catch (PSC) allowances for the
groundfish fishery of the Bering Sea and
Aleutian Islands management area
(BSAI). This action is necessary to
establish harvest limits for groundfish
during the remainder of the 2024 and
the start of the 2025 fishing years and
to accomplish the goals and objectives
of the Fishery Management Plan for
Groundfish of the BSAI (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superseded in early 2025 when the final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: Harvest specifications and
closures are effective from 1200 hours,
Alaska local time (A.l.t.), March 11,
2024, through 2400 hours, A.l.t.,
December 31, 2025.
ADDRESSES: Electronic copies of the
Alaska Groundfish Harvest
Specifications Final Environmental
Impact Statement (Final EIS), Record of
Decision (ROD), and the annual
Supplementary Information Reports
(SIR) to the Final EIS prepared for this
action are available from https://
www.fisheries.noaa.gov/region/alaska.
The 2023 Stock Assessment and Fishery
Evaluation (SAFE) report for the
groundfish resources of the BSAI, dated
November 2023, as well as the SAFE
reports for previous years, are available
from the North Pacific Fishery
Management Council (Council) at 1007
West Third Ave., Suite 400, Anchorage,
AK 99501, phone 907–271–2809, or
from the Council’s website at https://
www.npfmc.org/, and the Alaska
Fisheries Science Center website at
https://www.fisheries.noaa.gov/alaska/
population-assessments/north-pacificgroundfish-stock-assessments-andfishery-evaluation.
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, and NMFS approved,
the FMP pursuant to the MagnusonSUMMARY:
42 CFR Part 413
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17287
Stevens Act. General regulations
governing U.S. fisheries also appear at
50 CFR part 600.
The FMP and its implementing
regulations require NMFS, after
consultation with the Council, to
specify annually the total allowable
catch (TAC) for each target species
category. The sum of all TACs for
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)). This final rule specifies
the sum of the TAC at 2.0 million mt for
2024 and 2.0 million mt for 2025. NMFS
also must specify: (1) apportionments of
TAC; (2) prohibited species catch (PSC)
allowances and prohibited species quota
(PSQ) reserves established by § 679.21;
(3) seasonal allowances of pollock,
Pacific cod, and Atka mackerel TAC; (4)
American Fisheries Act (AFA)
allocations; (5) Amendment 80
allocations; (6) Community
Development Quota (CDQ) reserve
amounts established by
§ 679.20(b)(1)(ii); (7) acceptable
biological catch (ABC) surpluses and
reserves for CDQ groups and any
Amendment 80 cooperatives for
flathead sole, rock sole, and yellowfin
sole; and (8) halibut discard mortality
rates (DMR). The final harvest
specifications set forth in tables 1
through 26 of this action satisfy these
requirements.
Section 679.20(c)(3)(i) further requires
that NMFS consider public comment on
the proposed harvest specifications and,
after consultation with the Council,
publish final harvest specifications in
the Federal Register. The proposed
2024 and 2025 harvest specifications for
the groundfish fishery of the BSAI were
published in the Federal Register on
December 5, 2023 (88 FR 84278).
Comments were invited and accepted
through January 4, 2024. As discussed
in the Response to Comments section
below, NMFS received 5 letters raising
17 distinct comments during the public
comment period for the proposed BSAI
groundfish harvest specifications.
NMFS’s responses are addressed in the
Response to Comments section below.
NMFS consulted with the Council on
the final 2024 and 2025 harvest
specifications during the December
2023 Council meeting. After considering
public comments during public
meetings and submitted for the
proposed rule (88 FR 84278, December
5, 2023), as well as current biological,
ecosystem, and socioeconomic data,
NMFS implements in this final rule the
final 2024 and 2025 harvest
specifications as recommended by the
Council.
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ABC and TAC Harvest Specifications
The final ABC amounts for Alaska
groundfish are based on the best
available biological information,
including projected biomass trends,
information on assumed distribution of
stock biomass, and revised technical
methods used to calculate stock
biomass. In general, the development of
ABCs and overfishing levels (OFL)
involves sophisticated statistical
analyses of fish populations. The FMP
specifies a series of six tiers to define
OFL and ABC amounts based on the
level of reliable information available to
fishery scientists. Tier 1 represents the
highest level of information quality
available, while Tier 6 represents the
lowest.
In December 2023, the Council, its
Scientific and Statistical Committee
(SSC), and its Advisory Panel (AP)
reviewed current biological, ecosystem,
socioeconomic, and harvest information
about the condition of the BSAI
groundfish stocks. The Council’s BSAI
Groundfish Plan Team (Plan Team)
compiled and presented this
information in the 2023 SAFE report for
the BSAI groundfish fisheries, dated
November 2023 (see ADDRESSES). The
SAFE report contains a review of the
latest scientific analyses and estimates
of each species’ biomass and other
biological parameters, as well as
summaries of the available information
on the BSAI ecosystem and the
economic condition of groundfish
fisheries off Alaska. NMFS notified the
public of the comment period for these
harvest specifications—and of the
publication of the 2023 SAFE report—
in the proposed harvest specifications
(88 FR 84278, December 5, 2023). From
the data and analyses in the SAFE
report, the Plan Team recommended an
OFL and ABC for each species and
species group at the November 2023
Plan Team meeting.
In December 2023, the SSC, AP, and
Council reviewed the Plan Team’s
recommendations. The final TAC
recommendations were based on the
ABCs, and were adjusted for other
biological and socioeconomic
considerations, including the
maintenance of the sum of all the TACs
within the required OY range of 1.4
million to 2.0 million mt. As required
by annual catch limit rules for all
fisheries (74 FR 3178, January 16, 2009)
and consistent with the FMP, none of
the Council’s recommended 2024 or
2025 TACs exceed the final 2024 or
2025 ABCs for any species or species
group. NMFS finds that the Council’s
recommended OFLs, ABCs, and TACs
are consistent with the preferred harvest
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strategy outlined in the FMP, as well as
the Final EIS and ROD, and the
biological condition of groundfish
stocks as described in the 2023 SAFE
report that was approved by the
Council, while accounting for ecosystem
and socioeconomic information
presented in the 2023 SAFE report
(which includes the Ecosystem Status
Reports (ESR)). Therefore, this final rule
provides notification that the Secretary
of Commerce approves the final 2024
and 2025 harvest specifications as
recommended by the Council.
The 2024 harvest specifications set in
this final action supersede the 2024
harvest specifications previously set in
the final 2023 and 2024 harvest
specifications (88 FR 14926, March 10,
2023). The 2024 harvest specifications
herein will be superseded in early 2025
when the final 2025 and 2026 harvest
specifications are published. Pursuant
to this final action, the 2024 harvest
specifications will apply for the
remainder of the current year (2024)
while the 2025 harvest specifications
are projected only for the following year
(2025) and will be superseded in early
2025 by the final 2025 and 2026 harvest
specifications. Because this final action
(published in early 2024) will be
superseded in early 2025 by the
publication of the final 2025 and 2026
harvest specifications, it is projected
that this final action will implement the
harvest specifications for the BSAI for
approximately 1 year.
Other Actions Affecting the 2024 and
2025 Harvest Specifications
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
(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 (1,228 mt) of the
combined 2024 Bering Sea subarea (BS)
and AI subarea ABC (mt). The 2025 AI
GHL is set at 5 percent (1,233 mt) of the
combined 2025 BS subarea and AI
subarea ABC (mt). The State’s AI
sablefish registration area includes areas
adjacent to parts of the Federal BS
subarea. The Council and its Plan Team,
SSC, and AP recommended that the sum
of all State and Federal waters sablefish
removals from the BS and AI not exceed
the ABC recommendations for sablefish
in the BS and AI. Accordingly, after
reviewing the Council
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recommendations, NMFS approves 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. Under the State’s
management plan, the BS GHL will
increase by 1 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. For
2024, the BS Pacific cod ABC is 167,952
mt, and for 2025, it is 150,876 mt.
Therefore, based on the preceding years’
harvests, the GHL in the BS for pot gear
will be 12 percent for 2024 (20,154 mt)
and is projected to be 12 percent for
2025 (18,105 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, after reviewing the
Council recommendations, NMFS
approves that the 2024 and 2025 Pacific
cod TACs in the BS account for the
State’s GHLs for Pacific cod caught in
State waters in the BS.
For 2024 and 2025, the BOF for the
State established the GHL for Pacific
cod in State waters in the AI equal to
35 percent of the AI ABC. Under the
State’s management plan, the AI GHL
will increase annually by 4 percent of
the AI ABC if 90 percent of the GHL is
harvested by November 15 of the
preceding year, but may not exceed 39
percent of the AI ABC or 15 million
pounds (6,804 mt). 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. For 2024 and for 2025, 35 percent
of the AI ABC is 4,351 mt. The Council
and its Plan Team, SSC, and AP
recommended that the sum of all State
and Federal waters Pacific cod removals
from the AI not exceed the ABC
recommendations for Pacific cod in the
AI. Accordingly, after reviewing the
Council’s recommendations, NMFS
approves that the 2024 and 2025 Pacific
cod TACs in the AI account for the
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State’s GHL for Pacific cod caught in
State waters in the AI.
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Halibut Abundance Based Management
for the Amendment 80 Program PSC
Limit
On November 24, 2023, NMFS
published a final rule to implement
Amendment 123 to the FMP (88 FR
82740), which establishes abundancebased management of the Amendment
80 Program PSC limit for Pacific halibut.
The final action replaces 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 Eastern Bering
Sea shelf trawl survey index. The
annual process will use a table with preestablished halibut abundance ranges
based on those surveys (Table 58 to 50
CFR part 679). 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. The final 2024 and 2025 harvest
specifications announce the
Amendment 80 halibut PSC limit based
on the implementation of Amendment
123 and regulations effective January 1,
2024.
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 correction
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 (CQ), 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, changes the AFA CV sideboard
limit for Pacific cod to apply in the C
season only, and removes the halibut
PSC sideboard limit for AFA trawl CVs.
Accordingly, Amendment 122 and its
implementing regulations affect the
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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 two subsequent sections of this rule
titled ‘‘PSC Limits for Halibut, Salmon,
Crab, and Herring’’ and ‘‘AFA Catcher
Vessel Sideboard Limits’’). Amendment
122 also removed the regulations at
§ 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 (see Groundfish Forum
v. Ross, 375 F.Supp.3d 72 (D.D.C.
2019)).
Changes From the Proposed 2024 and
2025 Harvest Specifications for the
BSAI
In October 2023, the Council’s
recommendations for the proposed 2024
and 2025 harvest specifications (88 FR
84278, December 5, 2023) were based
largely on information contained in the
2022 SAFE report for the BSAI
groundfish fisheries, dated November
2022. Stocks are managed in tiers based
on the amount and quality of
information available. There is more
information available about stocks in
tiers 1 through 3 than is available for
those in tiers 4 through 6. In October
2023, the Council recommended that
proposed 2024 and 2025 OFLs and
ABCs be based on rollovers of the 2024
amounts. In making this
recommendation, the Council used the
best information available from the 2022
stock assessments until the 2023 SAFE
report could be completed.
In December 2023, the Council’s
recommendations for the final 2024 and
2025 harvest specifications were based
largely on information contained in the
2023 SAFE report for the BSAI
groundfish fisheries, dated November
2023. The SAFE report contains a
review of the latest scientific analyses
and estimates of each species’ biomass
and other biological parameters, as well
as summaries of the available
information on the BSAI ecosystem by
including risk tables and information
from the BS ESR and AI ESR.
The ESRs compile and summarize
information about the status of the
Alaska marine ecosystems for the Plan
Team, SSC, AP, Council, NMFS, and the
public. These ESRs are updated
annually and include ecosystem report
cards, ecosystem assessments, and
ecosystem status indicators (i.e., climate
indices, sea surface temperature), which
together provide context for ecosystembased fisheries management in Alaska.
The ESRs inform stock assessments and
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are integrated in the annual harvest
recommendations through inclusion in
stock assessment-specific risk tables.
The ESRs provide context for the SSC’s
recommendations for OFLs and ABCs,
as well as for the Council’s TAC
recommendations. The SAFE reports
and the ESRs are presented to the Plan
Team and at the October and December
Council meetings before the SSC, AP,
and Council make groundfish harvest
recommendations and aid NMFS in
implementing these annual groundfish
harvest specifications.
The SAFE report also includes
information on the economic condition
of the groundfish fisheries off Alaska
through the Economic Status Report.
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.
From these data and analyses, the Plan
Team recommends, and the SSC sets, an
OFL and ABC for each species and
species group.
The Council recommended a final
2024 BS pollock TAC that is a decrease
of 2,000 mt from the proposed 2024 BS
pollock TAC and is also the same as the
2023 BS pollock TAC. The Council
recommended a final 2025 BS pollock
TAC that is an increase of 23,000 mt
from the proposed 2025 BS pollock TAC
to reflect the increase in the 2025 BS
pollock ABC. The Council also
recommended to increase the BS Pacific
cod TAC by 24,458 mt in 2024 and
9,431 mt in 2025 from the proposed
TAC. In terms of tonnage, the Council
reduced the TACs from the proposed
TACs of several species of lower
economic value to maintain an overall
total TAC within the required OY range
of 1.4 to 2.0 million mt with the
yellowfin sole TAC accounting for most
of the decrease in terms of tonnage.
Some species, such as Atka mackerel
and northern rockfish, are economically
valuable species whose ABCs increased
in 2024, which allowed the 2024 TACs
to increase as well. Others, such as
Alaska plaice and sharks, have
increased TACs due to anticipated
increased incidental catches in other
fisheries. Of these species, sharks had
the largest increase in terms of
percentage. This is due to an increase in
anticipated incidental catch in the
pollock fishery. The changes to TACs
between the proposed and final harvest
specifications are based on the most
recent scientific, biological, and
socioeconomic information and are
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consistent with the FMP, regulatory
obligations, and harvest strategy as
described in the proposed and final
harvest specifications, including the
required OY range of 1.4 million to 2.0
million mt. These changes are compared
in table 1A.
Table 1 lists the Council’s
recommended final 2024 OFL, ABC,
TAC, initial TAC (ITAC), CDQ reserve
allocations, and non-specified reserves
of the BSAI groundfish species and
species groups; and table 2 lists the
Council’s recommended final 2025 OFL,
ABC, TAC, ITAC, CDQ reserve
allocations, and non-specified reserves
of the BSAI groundfish species and
species groups. NMFS concurs with
these recommendations. These final
2024 and 2025 TAC amounts for the
BSAI are within the OY range
established for the BSAI and do not
exceed the ABC for any species or
species group. The apportionment of
TAC amounts among fisheries and
seasons is discussed below.
TABLE 1—FINAL 2024 OFL, ABC, TAC, INITIAL TAC (ITAC), CDQ RESERVE ALLOCATION, AND NONSPECIFIED
RESERVES OF GROUNDFISH IN THE BSAI 1
[Amounts are in metric tons]
2024
Species
Area
OFL
ABC
TAC
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 ......................
BS/EAI ...................
CAI ........................
WAI ........................
BSAI ......................
BSAI ......................
BSAI ......................
3,162,000
51,516
115,146
200,995
18,416
55,084
n/a
n/a
305,298
3,705
n/a
n/a
103,280
8,850
197,828
81,605
42,695
22,919
49,010
n/a
n/a
n/a
n/a
23,556
761
n/a
n/a
706
1,680
n/a
n/a
111,684
n/a
n/a
n/a
45,574
689
6,080
2,313,000
42,654
86,360
167,952
12,431
47,146
11,450
13,100
265,913
3,188
2,687
501
87,690
7,498
122,091
67,289
35,494
17,189
41,096
11,636
7,969
5,521
15,970
19,274
569
388
181
530
1,260
880
380
95,358
41,723
16,754
36,882
37,808
450
4,560
1,300,000
19,000
250
147,753
8,080
n/a
7,996
8,440
195,000
3,188
2,687
501
14,000
7,498
66,000
35,500
21,752
4,500
37,626
11,636
7,969
5,521
12,500
16,752
569
388
181
530
1,260
880
380
72,987
32,260
16,754
23,973
30,519
400
400
Total ...............................................
................................
4,609,077
3,476,800
2,000,000
Pollock 4 .................................................
Pacific cod 5 ...........................................
Sablefish 6 ..............................................
Yellowfin sole ........................................
Greenland turbot ...................................
Arrowtooth flounder ...............................
Kamchatka flounder ..............................
Rock sole 7 ............................................
Flathead sole 8 .......................................
Alaska plaice .........................................
Other flatfish 9 ........................................
Pacific ocean perch ...............................
Northern rockfish ...................................
Blackspotted/Rougheye rockfish 10 .......
Shortraker rockfish ................................
Other rockfish 11 ....................................
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Atka mackerel .......................................
CDQ 3
Nonspecified
reserves
1,170,000
17,100
250
131,943
7,215
n/a
6,597
6,858
174,135
2,710
2,284
426
11,900
6,373
58,938
31,702
18,489
3,825
33,100
9,891
7,116
4,930
11,163
14,239
484
330
154
451
1,071
748
323
65,177
28,808
14,961
21,408
25,941
340
340
130,000
1,900
........................
15,810
865
n/a
1,099
1,424
20,865
n/a
288
........................
1,498
........................
7,062
3,799
........................
........................
n/a
........................
853
591
1,338
........................
........................
........................
........................
........................
........................
........................
........................
7,810
3,452
1,793
2,565
........................
........................
........................
........................
........................
........................
........................
........................
........................
300
158
........................
........................
116
75
602
1,125
........................
........................
3,263
675
........................
1,745
........................
........................
........................
2,513
85
58
27
80
189
132
57
........................
........................
........................
........................
4,578
60
60
1,789,177
195,199
15,623
ITAC 2
Note: Regulatory areas and districts are defined at § 679.2.
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 BS includes the Bogoslof District.
2 Except for pollock, the portion of the sablefish TAC allocated to fixed gear, and Amendment 80 species (Atka mackerel, yellowfin sole, rock sole, flathead sole,
Pacific cod, and AI Pacific ocean perch), 15 percent of each TAC is placed into a non-specified reserve (§ 679.20(b)(1)(i)). The ITAC for these species is the remainder of the TAC after the subtraction of these reserves. For pollock and Amendment 80 species, ITAC is the non-CDQ allocation of TAC (see footnotes 3 and 4).
3 For the Amendment 80 species (Atka mackerel, yellowfin sole, rock sole, flathead 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 arrowtooth flounder are reserved for use by CDQ participants (see § 679.20(b)(1)(ii)(B) and
(D)). AI Greenland turbot, ‘‘other flatfish,’’ Alaska plaice, Bering Sea Pacific ocean perch, Kamchatka flounder, northern rockfish, blackspotted/rougheye rockfish,
shortraker 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
mothership—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 BS Pacific cod TAC is set to account for the 12 percent, plus 45 mt, of the BS ABC for the State’s guideline harvest level in State waters of the BS. The AI
Pacific cod TAC is set to account for 35 percent of the AI ABC for the State guideline harvest level in State waters of the AI.
6 The sablefish OFL and ABC is 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’s guideline harvest level in State waters of the BS and AI.
7 ‘‘Rock sole’’ includes Lepidopsetta polyxystra (Northern rock sole).
8 ‘‘Flathead sole’’ includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
9 ‘‘Other flatfish’’ includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot,
Kamchatka flounder, rock sole, and yellowfin sole.
10 ‘‘Blackspotted/Rougheye rockfish’’ includes Sebastes melanostictus (blackspotted) and Sebastes aleutianus (rougheye).
VerDate Sep<11>2014
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11 ‘‘Other rockfish’’ includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean perch, northern rockfish, blackspotted/rougheye rockfish,
and shortraker rockfish.
TABLE 1a—COMPARISON OF FINAL 2024 AND 2025 WITH PROPOSED 2024 AND 2025 TOTAL ALLOWABLE CATCH IN THE
BSAI
[Amounts are in metric tons]
2024 final
TAC
Species
Area 1
Pollock ...................................................
Skates ...................................................
Sharks ...................................................
Octopuses .............................................
BS ..........................
AI ...........................
Bogoslof ................
BS ..........................
AI ...........................
BS ..........................
AI ...........................
BSAI ......................
BS ..........................
AI ...........................
BSAI ......................
BSAI ......................
BSAI ......................
BSAI ......................
BSAI ......................
BSAI ......................
BS ..........................
EAI .........................
CAI ........................
WAI ........................
BSAI ......................
BS/EAI ...................
CAI/WAI .................
BSAI ......................
BS ..........................
AI ...........................
EAI/BS ...................
CAI ........................
WAI ........................
BSAI ......................
BSAI ......................
BSAI ......................
1,300,000
19,000
250
147,753
8,080
7,996
8,440
195,000
2,687
501
14,000
7,498
66,000
35,500
21,752
4,500
11,636
7,969
5,521
12,500
16,752
388
181
530
880
380
32,260
16,754
23,973
30,519
400
400
Total ...............................................
BSAI ......................
2,000,000
Pacific cod .............................................
Sablefish ................................................
Yellowfin sole ........................................
Greenland turbot ...................................
Arrowtooth flounder ...............................
Kamchatka flounder ..............................
Rock sole ..............................................
Flathead sole .........................................
Alaska plaice .........................................
Other flatfish ..........................................
Pacific ocean perch ...............................
Northern rockfish ...................................
Blackspotted and Rougheye rockfish ...
Shortraker rockfish ................................
Other rockfish ........................................
Atka mackerel .......................................
2024
difference
from
proposed
2024 percentage
difference
from
proposed
1,302,000
19,000
300
123,295
8,425
9,676
9,793
230,656
2,836
528
15,000
7,435
66,000
35,500
18,000
4,500
11,700
8,013
5,551
13,000
11,000
388
182
530
880
380
30,000
15,218
21,637
27,927
250
400
(2,000)
....................
(50)
24,458
(345)
(1,680)
(1,353)
(35,656)
(149)
(27)
(1,000)
63
....................
....................
3,752
....................
(64)
(44)
(30)
(500)
5,752
....................
(1)
....................
....................
....................
2,260
1,536
2,336
2,592
150
....................
(0.2)
....................
(16.7)
19.8
(4.1)
(17.4)
(13.8)
(15.5)
(5.3)
(5.1)
(6.7)
0.8
....................
....................
20.8
....................
(0.5)
(0.5)
(0.5)
(3.8)
52.3
....................
(0.5)
....................
....................
....................
7.5
10.1
10.8
9.3
60.0
....................
2,000,000
....................
....................
2024 and
2025
proposed
TAC
2025
difference
from
proposed
2025
percentage
difference
from
proposed
1,325,000
19,000
250
132,726
8,080
9,500
8,440
195,000
2,310
430
14,000
7,360
66,000
35,500
20,000
4,500
11,430
7,828
5,423
12,500
15,000
412
195
530
880
380
30,000
14,877
21,288
30,361
400
400
23,000
....................
(50)
9,431
(345)
(176)
(1,353)
(35,656)
(526)
(98)
(1,000)
(75)
....................
....................
2,000
....................
(270)
(185)
(128)
(500)
4,000
24
13
....................
....................
....................
....................
(341)
(349)
2,434
150
....................
1.8
....................
(16.7)
7.6
(4.1)
(1.8)
(13.8)
(15.5)
(18.5)
(18.6)
(6.7)
(1.0)
....................
....................
11.1
....................
(2.3)
(2.3)
(2.3)
(3.8)
36.4
6.2
7.1
....................
....................
....................
....................
(2.2)
(1.6)
8.7
60.0
....................
2,000,000
....................
....................
2025 final
TAC
TABLE 2—FINAL 2025 OFL, ABC, TAC, ITAC, CDQ RESERVE ALLOCATION, AND NONSPECIFIED RESERVES OF
GROUNDFISH IN THE BSAI 1
[Amounts are in metric tons]
2025
Species
Area
Pollock 4 .................................................
Pacific cod 5 ...........................................
Sablefish 6 ..............................................
ddrumheller on DSK120RN23PROD with RULES1
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 .......
VerDate Sep<11>2014
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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 .................
Jkt 262001
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OFL
ABC
TAC
3,449,000
53,030
115,146
180,798
18,416
55,317
n/a
n/a
317,932
3,185
n/a
n/a
104,270
8,687
264,789
82,699
45,182
22,919
48,139
n/a
n/a
n/a
n/a
22,838
813
n/a
n/a
2,401,000
43,863
86,360
150,876
12,431
47,350
11,499
13,156
276,917
2,740
2,310
430
88,548
7,360
122,535
68,203
37,560
17,189
40,366
11,430
7,828
5,423
15,685
18,685
607
412
195
1,325,000
19,000
250
132,726
8,080
n/a
9,500
8,440
195,000
2,740
2,310
430
14,000
7,360
66,000
35,500
20,000
4,500
37,181
11,430
7,828
5,423
12,500
15,000
607
412
195
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ITAC 2
1,192,500
17,100
250
118,524
7,215
n/a
4,038
1,794
174,135
2,329
1,964
366
11,900
6,256
58,938
31,702
17,000
3,825
32,711
9,716
6,990
4,843
11,163
12,750
516
350
166
11MRR1
CDQ 3
Nonspecified
reserves
132,500
1,900
........................
14,202
865
n/a
356
158
20,865
n/a
247
........................
1,498
........................
7,062
3,799
........................
........................
n/a
........................
838
580
1,338
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
356
158
........................
........................
99
65
602
1,104
........................
........................
3,000
675
........................
1,715
........................
........................
........................
2,250
91
62
29
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Federal Register / Vol. 89, No. 48 / Monday, March 11, 2024 / Rules and Regulations
TABLE 2—FINAL 2025 OFL, ABC, TAC, ITAC, CDQ RESERVE ALLOCATION, AND NONSPECIFIED RESERVES OF
GROUNDFISH IN THE BSAI 1—Continued
[Amounts are in metric tons]
2025
Species
Area
OFL
Shortraker rockfish ................................
Other rockfish 11 ....................................
ABC
ITAC 2
TAC
CDQ 3
Nonspecified
reserves
Skates ...................................................
Sharks ...................................................
Octopuses .............................................
BSAI ......................
BSAI ......................
BS ..........................
AI ...........................
BSAI ......................
EAI/BS ...................
CAI ........................
WAI ........................
BSAI ......................
BSAI ......................
BSAI ......................
706
1,680
n/a
n/a
99,723
n/a
n/a
n/a
44,203
689
6,080
530
1,260
880
380
84,676
37,049
14,877
32,750
36,625
450
4,560
530
1,260
880
380
66,165
30,000
14,877
21,288
30,361
400
400
451
1,071
748
323
59,085
26,790
13,285
19,010
25,807
340
340
........................
........................
........................
........................
7,080
3,210
1,592
2,278
........................
........................
........................
80
189
132
57
........................
........................
........................
........................
4,554
60
60
Total ...............................................
................................
4,946,241
3,550,691
2,000,000
1,780,576
193,286
15,058
Atka mackerel .......................................
Note: Regulatory areas and districts are defined at § 679.2.
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 BS includes the Bogoslof District.
2 Except for pollock, the portion of the sablefish TAC allocated to fixed gear, and Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole,
Pacific cod, and Aleutian Islands Pacific ocean perch), 15 percent of each TAC is put into a non-specified reserve (§ 679.20(b)(1)(i)). The ITAC for these species is
the remainder of the TAC after the subtraction of these reserves. For pollock and Amendment 80 species, ITAC is the non-CDQ allocation of TAC (see footnotes 3
and 4).
3 For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 10.7 percent of the
TAC is reserved for use by CDQ participants (see § 679.20(b)(1)(ii)(C)). 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 Bering Sea Greenland turbot and 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. Aleutian Islands Greenland turbot, ‘‘other flatfish,’’ Alaska plaice, Bering Sea Pacific ocean perch, Kamchatka flounder, northern rockfish, shortraker rockfish,
blackspotted/rougheye rockfish, ‘‘other rockfish,’’ skates, sharks, and octopuses are not allocated to the CDQ program.
4 Under § 679.20(a)(5)(i)(A), the annual BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second for the incidental
catch allowance (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 BS Pacific cod TAC is set to account for the 12 percent, plus 45 mt, of the BS ABC for the State’s guideline harvest level in State waters of the BS. The AI
Pacific cod TAC is set to account for 35 percent 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’s guideline harvest level in State waters.
7 ‘‘Rock sole’’ includes Lepidopsetta polyxystra (Northern rock sole).
8 ‘‘Flathead sole’’ includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
9 ‘‘Other flatfish’’ includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot,
Kamchatka flounder, rock sole, and yellowfin sole.
10 ‘‘Blackspotted/Rougheye rockfish’’ includes Sebastes melanostictus (blackspotted) and Sebastes aleutianus (rougheye).
11 ‘‘Other rockfish’’ includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean perch, northern rockfish, blackspotted/rougheye rockfish,
and shortraker rockfish.
ddrumheller on DSK120RN23PROD with RULES1
Groundfish Reserves and the ICA for
Pollock, Atka Mackerel, Flathead Sole,
Rock Sole, Yellowfin Sole, and AI
Pacific Ocean Perch
Section 679.20(b)(1)(i) requires that
NMFS reserve 15 percent of the TAC for
each target species (except for pollock,
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 allocations of sablefish in the BS
and AI and 10.7 percent of the BS
Greenland turbot and arrowtooth
flounder TACs to the respective CDQ
reserves. Section 679.20(b)(1)(ii)(C)
requires that NMFS allocate 10.7
percent of the TACs for Atka mackerel,
AI Pacific ocean perch, yellowfin sole,
rock sole, flathead sole, and Pacific cod
VerDate Sep<11>2014
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Jkt 262001
(the Amendment 80 species) to the
respective CDQ reserves.
Section 679.20(b)(1)(ii)(A) also
requires that 10 percent of the BS
pollock TAC be allocated to the pollock
CDQ directed fishing allowance (DFA).
Section 679.20(b)(1)(ii)(A) requires that
10 percent of the AI pollock TAC be
allocated to the pollock CDQ DFA. The
entire Bogoslof District pollock TAC is
allocated as an ICA pursuant to
§ 679.20(a)(5)(ii) because the Bogoslof
District is closed to directed fishing for
pollock by regulation (§ 679.22(a)(7)(B)).
With the exception of the fixed gear
sablefish CDQ reserve, the regulations
do not further apportion the CDQ
allocations by gear.
Pursuant to § 679.20(a)(5)(i)(A)(1),
NMFS allocates a pollock ICA of 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 incidental
catch, including the incidental catch by
CDQ vessels, in target fisheries other
than pollock from 2000–2023. During
PO 00000
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Sfmt 4700
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 24-year average
of 3 percent. Pursuant to
§ 679.20(a)(5)(iii)(B)(2), NMFS
establishes a pollock ICA of 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
2003–2023. During this 21-year period,
the incidental catch of pollock ranged
from a low of 5 percent in 2006 to a high
of 17 percent in 2014, with a 21-year
average of 9 percent.
After subtracting the 10.7 percent
CDQ reserve and pursuant to
§ 679.20(a)(8) and (10), NMFS allocates
ICAs of 3,000 mt of flathead sole, 6,000
mt of rock sole, 4,000 mt of yellowfin
sole, 10 mt of Western Aleutian district
(WAI) Pacific ocean perch, 60 mt of
Central Aleutian district (CAI) Pacific
ocean perch, 100 mt of Eastern Aleutian
E:\FR\FM\11MRR1.SGM
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district (EAI) Pacific ocean perch, 20 mt
of WAI Atka mackerel, 75 mt of CAI
Atka mackerel, and 800 mt of EAI and
BS Atka mackerel. These ICA
allowances 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 non-specified reserve
by species or species group. Any
amount of the reserve may be
apportioned to a target species that
contributed to the non-specified
reserves during the year, provided that
such apportionments are consistent
with § 679.20(a)(3) and do not result in
overfishing (see § 679.20(b)(1)(i)). The
Regional Administrator has determined
that the ITACs specified for two species
group listed in tables 1 and 2 need to
be supplemented from the non-specified
reserve because U.S. fishing vessels
have demonstrated the capacity to catch
the full TAC allocations. Therefore, in
accordance with § 679.20(b), NMFS is
apportioning the amounts shown in
table 3 from the non-specified reserve to
increase the ITAC for AI ‘‘other
rockfish’’ and blackspotted/rougheye
rockfish in the Central Aleutian district
and Western Aleutian district (CAI/
WAI) by 15 percent of their TACs in
2024 and 2025.
TABLE 3—FINAL 2024 AND 2025 APPORTIONMENT OF NON-SPECIFIED RESERVES TO ITAC CATEGORIES
[Amounts are in metric tons]
Species-area or subarea
2024 ITAC
2024
reserve
amount
2024 final
TAC
2025
reserve
amount
2025 ITAC
2025 final
TAC
Other rockfish-Aleutian Islands subarea ..........................
Blackspotted/Rougheye rockfish—CAI/WAI ....................
323
154
57
27
380
181
323
166
57
29
380
195
Total ..........................................................................
477
84
561
489
86
575
Allocation of Pollock TAC Under the
American Fisheries Act (AFA)
Section 679.20(a)(5)(i)(A) requires that
the BS pollock TAC be apportioned as
a DFA, after subtracting 10 percent for
the CDQ program and 50,000 mt for the
ICA in both 2024 and 2025, 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–June 10), and 55 percent of the DFAs
are allocated to the B season (June 10–
November 1) (§§ 679.20(a)(5)(i)(B)(1)
and 679.23(e)(2)). The AI directed
pollock fishery allocation to the Aleut
Corporation is the amount of pollock
TAC remaining in the AI after
subtracting 1,900 mt for the CDQ DFA
(10 percent) and 3,420 mt for the ICA
(§ 679.20(a)(5)(iii)(B)(2)). In the AI, the
total A season apportionment of the
TAC (including the AI directed fishery
allocation, the CDQ DFA, and the ICA)
may not exceed 40 percent of the ABC
for AI pollock, and the remainder of the
TAC is allocated to the B season
(§ 679.20(a)(5)(iii)(B)(3)). Tables 4 and 5
list these 2024 and 2025 amounts.
Section 679.20(a)(5)(iii)(B)(6) sets
harvest limits for pollock in the A
season (January 20 to June 10) in Areas
543, 542, and 541. In accordance with
this regulation, NMFS establishes
harvest limits for pollock in the A
season in Area 541 of no more than 30
percent, in Area 542 of no more than 15
percent, and in Area 543 of no more
than 5 percent of the Aleutian Islands
pollock ABC.
Section 679.20(a)(5)(i)(A)(4) also
includes several specific requirements
regarding BS pollock allocations. First,
it requires that 8.5 percent of the
pollock allocated to the CP sector be
available for harvest by AFA CVs with
CP sector endorsements, unless the
Regional Administrator receives a
cooperative contract that allows for the
distribution of harvest among AFA CPs
and AFA CVs in a manner agreed to by
all members. Second, AFA CPs not
listed in the AFA are limited to
harvesting not more than 0.5 percent of
the pollock allocated to the CP sector.
Tables 4 and 5 list the 2024 and 2025
allocations of pollock TAC. Table 6 lists
the 2024 inshore sector allocation
among AFA inshore cooperatives and
AFA open access vessels. The 2025 AFA
CV cooperative membership will not be
known until eligible participants apply
for participation in the program by
December 1, 2024. Table 22 lists the
CDQ allocation of pollock among the
CDQ groups. Tables 24, 25, and 26 list
the AFA CP and CV harvesting
sideboard limits.
Tables 4, 5, and 6 also list seasonal
apportionments of pollock and harvest
limits within the Steller Sea Lion
Conservation Area (SCA). The harvest of
pollock within the SCA, as defined at
§ 679.22(a)(7)(vii), is limited to no more
than 28 percent of the annual pollock
DFA before 12 p.m. A.l.t. (noon), April
1, as provided in § 679.20(a)(5)(i)(C).
The A season pollock SCA harvest limit
is apportioned to each sector in
proportion to each sector’s allocated
percentage of the DFA.
TABLE 4—FINAL 2024 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
DIRECTED FISHING ALLOWANCES (DFA) 1
[Amounts are in metric tons]
2024 A season 1
2024
Allocations
ddrumheller on DSK120RN23PROD with RULES1
Area and sector
Bering Sea subarea TAC 1 ........................................................................
CDQ DFA ...................................................................................................
ICA 1 ...........................................................................................................
Total Bering Sea non-CDQ DFA ...............................................................
AFA Inshore ...............................................................................................
AFA Catcher/Processors 3 .........................................................................
Catch by CPs .....................................................................................
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1,300,000
130,000
50,000
1,120,000
560,000
448,000
409,920
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A season
DFA
SCA harvest
limit 2
n/a
58,500
n/a
504,000
252,000
201,600
184,464
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n/a
36,400
n/a
313,600
156,800
125,440
n/a
2024 B season 1
B season
DFA
n/a
71,500
n/a
616,000
308,000
246,400
225,456
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TABLE 4—FINAL 2024 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
DIRECTED FISHING ALLOWANCES (DFA) 1—Continued
[Amounts are in metric tons]
2024 A season 1
2024
Allocations
Area and sector
Catch by CVs 3 ...................................................................................
Unlisted CP Limit 4 ..............................................................................
AFA Motherships .......................................................................................
Excessive Harvesting Limit 5 ......................................................................
Excessive Processing Limit 6 .....................................................................
Aleutian Islands subarea ABC ...................................................................
Aleutian Islands subarea TAC 1 .................................................................
CDQ DFA ...................................................................................................
ICA .............................................................................................................
Aleut Corporation .......................................................................................
Area harvest limit 7 .....................................................................................
541 ......................................................................................................
542 ......................................................................................................
543 ......................................................................................................
Bogoslof District ICA 8 ................................................................................
38,080
2,240
112,000
196,000
336,000
42,654
19,000
1,900
3,420
13,680
n/a
12,796
6,398
2,133
250
A season
DFA
2024 B season 1
SCA harvest
limit 2
17,136
1,008
50,400
n/a
n/a
n/a
n/a
1,872
1,710
13,479
n/a
n/a
n/a
n/a
n/a
n/a
n/a
31,360
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
20,944
1,232
61,600
n/a
n/a
n/a
n/a
28
1,710
201
n/a
n/a
n/a
n/a
n/a
Note: Seasonal or sector apportionments may not total precisely due to rounding.
1 Pursuant to § 679.20(a)(5)(i)(A), the BS pollock TAC, after subtracting the CDQ DFA (10 percent) and the ICA (50,000 mt, ∼3.85 percent), is
allocated as a DFA as follows: inshore sector—50 percent, catcher/processor sector (CP)—40 percent, and mothership sector—10 percent. In
the BS 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). When the AI pollock ABC equals or exceeds 19,000 mt, the annual TAC is equal to
19,000 mt (§ 679.20(a)(5)(iii)(B)(1)). Pursuant to § 679.20(a)(5)(iii)(B)(2), the AI 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 pollock directed fishery. In the AI subarea, the A season is
allocated no more than 40 percent of the AI pollock ABC.
2 In the BS 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
12:00 p.m. A.l.t., 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 allocation to listed CPs shall be available for harvest only by eligible catcher vessels
with a CP endorsement delivering to listed CPs, unless there is a CP sector cooperative 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 CP sector’s allocation
of pollock.
5 Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ
pollock DFAs.
6 Pursuant to § 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ
pollock DFAs.
7 Pursuant to § 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in Area 541 of no more than 30 percent, in
Area 542 of no more than 15 percent, and in Area 543 of no more than 5 percent of the AI 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.
TABLE 5—FINAL 2025 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
DIRECTED FISHING ALLOWANCES (DFA) 1
[Amounts are in metric tons]
2025 A season 1
2025
Allocations
ddrumheller on DSK120RN23PROD with RULES1
Area and sector
Bering Sea subarea TAC 1 ........................................................................
CDQ DFA ...................................................................................................
ICA 1 ...........................................................................................................
Total Bering Sea non-CDQ DFA ...............................................................
AFA Inshore ...............................................................................................
AFA Catcher/Processors 3 .........................................................................
Catch by CPs .....................................................................................
Catch by CVs 3 ...................................................................................
Unlisted CP Limit 4 ..............................................................................
AFA Motherships .......................................................................................
Excessive Harvesting Limit 5 ......................................................................
Excessive Processing Limit 6 .....................................................................
Aleutian Islands subarea ABC ...................................................................
Aleutian Islands subarea TAC 1 .................................................................
CDQ DFA ...................................................................................................
ICA .............................................................................................................
Aleut Corporation .......................................................................................
Area harvest limit 7 .....................................................................................
541 ......................................................................................................
542 ......................................................................................................
543 ......................................................................................................
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1,325,000
132,500
50,000
1,142,500
571,250
457,000
418,155
38,845
2,285
114,250
199,938
342,750
43,863
19,000
1,900
3,420
13,680
n/a
13,159
6,579
2,193
Sfmt 4700
A season
DFA
SCA harvest
limit 2
n/a
59,625
n/a
514,125
257,063
205,650
188,170
17,480
1,028
51,413
n/a
n/a
n/a
n/a
1,900
1,710
13,680
n/a
n/a
n/a
n/a
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n/a
37,100
n/a
319,900
159,950
127,960
n/a
n/a
n/a
31,990
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
2025 B season 1
B season
DFA
n/a
72,875
n/a
628,375
314,188
251,350
229,985
21,365
1,257
62,838
n/a
n/a
n/a
n/a
..............................
1,710
..............................
n/a
n/a
n/a
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TABLE 5—FINAL 2025 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
DIRECTED FISHING ALLOWANCES (DFA) 1—Continued
[Amounts are in metric tons]
2025 A season 1
2025
Allocations
Area and sector
Bogoslof District ICA 8 ................................................................................
A season
DFA
250
2025 B season 1
SCA harvest
limit 2
n/a
n/a
B season
DFA
n/a
Note: Seasonal or sector apportionments may not total precisely due to rounding.
1 Pursuant to § 679.20(a)(5)(i)(A), the BS subarea pollock TAC, after subtracting the CDQ DFA (10 percent) and the ICA (50,000 mt, ∼3.85 percent), is allocated as a DFA as follows: inshore sector—50 percent, catcher/processor sector (CP)—40 percent, and mothership sector—10 percent. In the BS 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). When the AI pollock ABC equals or exceeds 19,000 mt, the annual TAC is
equal to 19,000 mt (§ 679.20(a)(5)(iii)(B)(1)). Pursuant to § 679.20(a)(5)(iii)(B)(2), the AI 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 pollock directed fishery. In the AI subarea, the A
season is allocated no more than 40 percent of the AI pollock ABC.
2 In the BS 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
12:00 p.m. A.l.t., 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 allocation to listed CPs shall be available for harvest only by eligible catcher vessels
with a CP endorsement delivering to listed CPs, unless there is a CP sector cooperative 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 CP sector’s allocation
of pollock.
5 Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ
pollock DFAs.
6 Pursuant to § 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ
pollock DFAs.
7 Pursuant to § 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in Area 541 of no more than 30 percent, in
Area 542 of no more than 15 percent, and in Area 543 of no more than 5 percent of the AI 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.
TABLE 6—FINAL 2024 AFA INSHORE COOPERATIVE AND OPEN ACCESS POLLOCK ALLOCATIONS, AND INSHORE SECTOR
STELLER SEA LION CONSERVATION AREA LIMITS
Sum of
vessel’s catch
histories
(mt) 2
Percent of
inshore sector
allocation
Cooperative name 1
AFA Open Access ...............................................................................................
Akutan Catcher Vessel Association ....................................................................
Northern Victor Fleet Cooperative .......................................................................
Unalaska Fleet Cooperative (Alyeska) ................................................................
UniSea Fleet Cooperative ...................................................................................
Westward Fleet Cooperative ...............................................................................
Sum of all Cooperatives ......................................................................................
2.103
33.788
9.346
12.261
23.122
19.380
100.000
18,414
295,836
81,828
107,357
202,454
169,683
875,572
2024 Allocations
(mt)
11,777
189,212
52,336
68,663
129,486
108,526
560,000
Inshore Sector Steller Sea Lion Conservation Area (SCA) Limits
ddrumheller on DSK120RN23PROD with RULES1
2024 A season
TAC
2024 A season
SCA harvest limit 3
2024 B season
TAC
Inshore cooperative sector:
Vessels >99 ft ...............................................................................................
Vessels ≤99 ft ...............................................................................................
n/a
n/a
134,934
21,866
n/a
n/a
Total .......................................................................................................
Open access sector .............................................................................................
252,000
................................
156,800
................................
308,000
................................
Total inshore sector ...............................................................................
252,000
156,800
308,000
Note: Totals may not add up due to rounding.
1 The 2025 AFA catcher vessel cooperative membership will not be known until eligible participants apply for participation in the program by
December 1, 2024.
2 According to regulations at § 679.62(a)(1), the individual catch history for each vessel is equal to the vessel’s best 2 of 3 years inshore pollock landings from 1995 through 1997 and includes landings to catcher/processors and motherships for vessels that made 500 or more mt of
landings to catcher/processors and motherships from 1995 through 1997.
3 The Steller sea lion conservation area (SCA) is established at § 679.22(a)(7)(vii). The SCA limitations for vessels less than or equal to 99 ft
LOA that are not participating in a cooperative will be established on an inseason basis in accordance with § 679.22(a)(7)(vii)(C)(2), and the Regional Administrator will prohibit directed fishing for pollock by vessels greater than 99 ft (30.2 m) LOA, catching pollock for processing by the
inshore component before reaching the inshore SCA harvest limit before April 1 to accommodate fishing by vessels less than or equal to 99 ft
(30.2 m) inside the SCA until April 1.
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Allocation of the Atka Mackerel TACs
Section 679.20(a)(8) allocates the Atka
mackerel TACs to the Amendment 80
and BSAI trawl limited access sectors,
after subtracting the CDQ reserves, ICAs
for the BSAI trawl limited access sector
and non-trawl gear sector, and the jig
gear allocation (tables 7 and 8). The
percentage of the ITAC for Atka
mackerel allocated to the Amendment
80 and BSAI trawl limited access sectors
is listed in table 33 to 50 CFR part 679
and in § 679.91. Pursuant to
§ 679.20(a)(8)(i), up to 2 percent of the
EAI and the BS Atka mackerel TAC may
be allocated to vessels using jig gear.
The percent of this allocation is
recommended annually by the Council
based on several criteria, including,
among other criteria, the anticipated
harvest capacity of the jig gear fleet.
After reviewing Council
recommendations, NMFS approves a 0.5
percent allocation of the Atka mackerel
TAC in the EAI and BS to the jig gear
sector 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
seasonal allowance for directed fishing
with trawl gear from January 20 through
June 10 (A season), and the second
seasonal allowance from June 10
through December 31 (B season).
Section 679.23(e)(4)(iii) applies Atka
mackerel seasons to CDQ Atka mackerel
trawl fishing. 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
ICAs and jig gear allocations are not
apportioned by season.
Sections 679.20(a)(8)(ii)(C)(1)(i) and
(ii) limits Atka mackerel catch within
waters 0 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. The annual harvest is also
equally divided between the A and B
seasons as defined at § 679.23(e)(3).
Section 679.20(a)(8)(ii)(C)(2) requires
that the annual TAC in Area 543 will be
no more than 65 percent of the ABC in
Area 543. Section 679.20(a)(8)(ii)(D)
requires that any unharvested Atka
mackerel A season allowance that is
added to the B season be prohibited
from being harvested within waters 0
nmi to 20 nmi of Steller sea lion sites
listed in table 6 to 50 CFR part 679 and
located in Areas 541, 542, and 543.
Tables 7 and 8 list these 2024 and
2025 Atka mackerel seasonal and area
allowances, and the sector allocations.
One Amendment 80 cooperative has
formed for the 2024 fishing year.
Because all Amendment 80 vessels are
part of the sole Amendment 80
cooperative, no allocation to the
Amendment 80 limited access sector is
required for 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. Table 22 lists the
allocation of CDQ Atka mackerel among
the CDQ groups.
TABLE 7—FINAL 2024 SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, CDQ RESERVE, INCIDENTAL CATCH
ALLOWANCE, AND AMENDMENT 80 ALLOCATIONS OF THE BSAI ATKA MACKEREL TAC
[Amounts are in metric tons]
2024 Allocation by area
Sector 1
Season 2 3 4
TAC ............................................................................
CDQ reserve ..............................................................
n/a .....................................
Total ..................................
A ........................................
Critical Habitat ..................
B ........................................
Critical Habitat ..................
n/a .....................................
Total ..................................
Total ..................................
Total ..................................
A ........................................
Critical Habitat ..................
B ........................................
Critical Habitat ..................
Total ..................................
A ........................................
Critical Habitat ..................
B ........................................
Critical Habitat ..................
Non-CDQ TAC ...........................................................
ICA ..............................................................................
Jig 6 .............................................................................
BSAI trawl limited access ...........................................
ddrumheller on DSK120RN23PROD with RULES1
Amendment 80 sector ................................................
Eastern Aleutian
District/
Bering Sea
32,260
3,452
1,726
n/a
1,726
n/a
28,808
800
140
2,787
1,393
n/a
1,393
n/a
25,081
12,541
n/a
12,541
n/a
Central Aleutian
District 5
Western Aleutian
District
16,754
1,793
896
538
896
538
14,961
75
..............................
1,489
744
447
744
447
13,398
6,699
4,019
6,699
4,019
23,973
2,565
1,283
770
1,283
770
21,408
20
..............................
..............................
..............................
..............................
..............................
..............................
21,388
10,694
6,416
10,694
6,416
Note: Seasonal or sector apportionments may not total precisely due to rounding.
1 Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and jig gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in table 33 to 50 CFR part 679 and § 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see § 679.20(b)(1)(ii)(C)).
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 protection areas; section 679.20(a)(8)(ii)(C)(1)(ii) equally divides the annual harvest limits between the A and B seasons as defined at
§ 679.23(e)(3); and section 679.20(a)(8)(ii)(C)(2) requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
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17297
6 Sections 679.2 and 679.20(a)(8)(i) require that up to 2 percent of the Eastern Aleutian Islands District and the Bering Sea subarea TAC be
allocated to jig gear after subtracting the CDQ reserve and the ICA. NMFS sets the amount of this allocation for 2024 at 0.5 percent. The jig
gear allocation is not apportioned by season.
TABLE 8—FINAL 2025 SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, CDQ RESERVE, INCIDENTAL CATCH
ALLOWANCE, AND AMENDMENT 80 ALLOCATIONS OF THE BSAI ATKA MACKEREL TAC
[Amounts are in metric tons]
2025 Allocation by area
Sector 1
Season 2 3 4
TAC ............................................................................
CDQ reserve ..............................................................
n/a .....................................
Total ..................................
A ........................................
Critical Habitat ..................
B ........................................
Critical Habitat ..................
n/a .....................................
Total ..................................
Total ..................................
Total ..................................
A ........................................
Critical Habitat ..................
B ........................................
Critical Habitat ..................
Total ..................................
A ........................................
Critical Habitat ..................
B ........................................
Critical Habitat ..................
non-CDQ TAC ............................................................
ICA ..............................................................................
Jig 6 .............................................................................
BSAI trawl limited access ...........................................
Amendment 80 sectors 7 ............................................
Eastern Aleutian
District/
Bering Sea 5
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
14,877
1,592
796
478
796
478
13,285
75
..............................
1,321
661
396
661
396
11,889
5,945
3,567
5,945
3,567
21,288
2,278
1,139
683
1,139
683
19,010
20
..............................
..............................
..............................
..............................
..............................
..............................
18,990
9,495
5,697
9,495
5,697
Note: Seasonal or sector apportionments may not total precisely due to rounding.
1 Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and jig gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in table 33 to 50 CFR part 679 and § 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see § 679.20(b)(1)(ii)(C)).
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 protection areas; section 679.20(a)(8)(ii)(C)(1)(ii) equally divides the annual harvest limits between the A and B seasons as defined at
§ 679.23(e)(3); and section 679.20(a)(8)(ii)(C)(2) requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
6 Sections 679.2 and 679.20(a)(8)(i) require that up to 2 percent of the Eastern Aleutian Islands District and the Bering Sea subarea TAC be
allocated to jig gear after subtracting the CDQ reserve and the ICA. NMFS sets the amount of this allocation for 2025 at 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.
ddrumheller on DSK120RN23PROD with RULES1
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 BSAI Pacific cod TACs
are combined for calculating further
BSAI Pacific cod sector allocations and
seasonal allowances. If the non-CDQ
Pacific cod TAC is or will be reached in
either the BS or the AI subareas, NMFS
will prohibit non-CDQ directed fishing
for Pacific cod in that subarea as
provided in § 679.20(d)(1)(iii).
Section 679.20(a)(7)(ii) allocates to the
non-CDQ sectors the Pacific cod TAC in
VerDate Sep<11>2014
16:41 Mar 08, 2024
Jkt 262001
the combined BSAI, after subtracting
10.7 percent for the CDQ program, as
follows: 1.4 percent to vessels using jig
gear; 2.0 percent to hook-and-line or pot
CVs less than 60 ft (18.3 m) length
overall (LOA); 0.2 percent to hook-andline CVs greater than or equal to 60 ft
(18.3 m) LOA; 48.7 percent to hook-andline CPs; 8.4 percent to pot CVs greater
than or equal to 60 ft (18.3 m) LOA; 1.5
percent to pot CPs; 2.3 percent to AFA
trawl CPs; 13.4 percent to Amendment
80 sector; and 22.1 percent to trawl CVs.
The ICA for the hook-and-line and pot
sectors will be deducted from the
aggregate portion of Pacific cod TAC
allocated to the hook-and-line and pot
sectors. For 2024 and 2025, the Regional
Administrator establishes an ICA of 500
mt based on anticipated incidental catch
by these sectors in other fisheries.
PO 00000
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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 ITAC allocation of Pacific cod to
the Amendment 80 sector is established
in table 33 to 50 CFR part 679 and
§ 679.91. One Amendment 80
cooperative has formed for the 2024
fishing year. Because all Amendment 80
vessels are part of the sole Amendment
80 cooperative, no allocation to the
Amendment 80 limited access sector is
required for 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.
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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 9 below). The
2025 allocations for PCTC Program
cooperatives will not be known until
NMFS receives the membership
applications by November 1, 2024. The
2024 PCTC cooperative allocations and
PSC allowances are listed in table 11.
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)). Tables 9 and 10
list 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
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 2023
stock assessment, the Regional
Administrator determined for 2024 and
2025 the estimated amount of Pacific
cod abundance in Area 543 is 15.7
percent of the total AI abundance. To
calculate the Area 543 Pacific cod
harvest limit, NMFS first subtracts the
State GHL Pacific cod amount from the
AI Pacific cod ABC. Then NMFS
determines the harvest limit in Area 543
by multiplying the percentage of Pacific
cod estimated in Area 543 (15.7 percent)
by the remaining ABC for AI Pacific
cod. Based on these calculations, the
Area 543 harvest limit is 1,269 mt for
2024 and 2025.
Under the PCTC Program, PCTC
Program cooperatives are required to
collectively set aside up to twelve
percent of the trawl CV A-season
allocation for delivery to an AI
shoreplant in years in which an AI
community representative notifies
NMFS of the intent to process PCTC
Program Pacific cod in the City of Adak
or City of Atka (§ 679.132). A notice of
intent to process PCTC Program Pacific
cod 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 AI 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 final 2024 and 2025
Pacific cod TACs, table 9 and table 10
list 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). The CDQ allocation by
CDQ groups is listed in table 22.
TABLE 9—FINAL 2024 SECTOR ALLOCATIONS AND SEASONAL ALLOWANCES OF THE BSAI PACIFIC COD TAC
[Amounts are in metric tons]
ddrumheller on DSK120RN23PROD with RULES1
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 .............................................
Pot catcher/processors A-season .....................
Pot catcher/processors 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 ...........................................................
VerDate Sep<11>2014
16:41 Mar 08, 2024
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
147,753
15,810
131,943
8,080
865
7,215
1,269
139,159
84,609
n/a
84,109
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
500
n/a
67,370
0.2
n/a
277
1.5
n/a
2,075
8.4
n/a
11,620
2.0
n/a
2,767
22.1
30,754
n/a
2.3
3,201
n/a
Percent
Jkt 262001
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Frm 00028
Fmt 4700
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2024 Seasonal allowances
Season
Amount
n/a .........................................
See § 679.20(a)(7)(i)(B) ........
n/a .........................................
n/a .........................................
See § 679.20(a)(7)(i)(B) ........
n/a .........................................
n/a .........................................
n/a .........................................
n/a .........................................
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
34,359
33,011
n/a
141
136
n/a
1,058
1,017
n/a
5,926
5,694
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 ........................
n/a
1,500
21,258
700
2,683
4,613
n/a
2,400
800
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17299
TABLE 9—FINAL 2024 SECTOR ALLOCATIONS AND SEASONAL ALLOWANCES OF THE BSAI PACIFIC COD TAC—Continued
[Amounts are in metric tons]
Sector
2024 Share of
gear sector
total
2024 Share of
sector total
13.4
18,647
n/a
1.4
1,948
n/a
Percent
C-season ...........................................................
Amendment 80 .........................................................
A-season ...........................................................
B-season ...........................................................
C-season ...........................................................
Jig .............................................................................
A-season ...........................................................
B-season ...........................................................
C-season ...........................................................
2024 Seasonal allowances
Season
Amount
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
13,985
4,662
................
n/a
1,169
390
390
Note: Seasonal or sector apportionments may not total precisely due to rounding.
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 is deducted from the aggregate portion of Pacific cod TAC allocated to the hook-and-line and
pot sectors. The Regional Administrator approves an ICA of 500 mt based on anticipated incidental catch by these sectors in other fisheries.
3 The A and B season trawl CV Pacific cod allocation is allocated to the Pacific Cod Trawl Cooperative Program after subtraction of the A and
B season ICAs (§ 679.131(b)(1)). The Regional Administrator approves 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.
TABLE 10—FINAL 2025 SECTOR ALLOCATIONS AND SEASONAL ALLOWANCES OF THE BSAI PACIFIC COD TAC
[Amounts are in metric tons]
ddrumheller on DSK120RN23PROD with RULES1
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 .............................................
Pot catcher/processors A-season .....................
Pot catcher/processors 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 ...........................................................
VerDate Sep<11>2014
16:41 Mar 08, 2024
2025 Share of
gear sector
total
2025 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
132,726
14,202
118,524
8,080
865
7,215
1,269
125,740
76,450
n/a
75,950
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
500
n/a
60,835
0.2
n/a
250
1.5
n/a
1,874
8.4
n/a
10,493
2.0
n/a
2,498
22.1
27,788
n/a
2.3
2,892
n/a
13.4
16,849
n/a
1.4
1,760
n/a
Percent
Jkt 262001
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Frm 00029
Fmt 4700
Sfmt 4700
2025 Seasonal allowances
Season
Amount
n/a .........................................
See § 679.20(a)(7)(i)(B) ........
n/a .........................................
n/a .........................................
See § 679.20(a)(7)(i)(B) ........
n/a .........................................
n/a .........................................
n/a .........................................
n/a .........................................
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
31,026
29,809
n/a
127
122
n/a
956
918
n/a
5,351
5,142
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 ......................
n/a
1,500
19,063
700
2,357
4,168
n/a
2,169
723
................
n/a
12,637
4,212
................
n/a
1,056
352
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TABLE 10—FINAL 2025 SECTOR ALLOCATIONS AND SEASONAL ALLOWANCES OF THE BSAI PACIFIC COD TAC—
Continued
[Amounts are in metric tons]
Sector
2025 Share of
gear sector
total
Percent
2025 Seasonal allowances
2025 Share of
sector total
Season
C-season ...........................................................
Amount
Aug 31–Dec 31 .....................
352
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 is deducted from the aggregate portion of Pacific cod TAC allocated to the hook-and-line and
pot sectors. The Regional Administrator approves an ICA of 500 mt based on anticipated incidental catch by these sectors in other fisheries.
3 The A and B season trawl CV Pacific cod allocation is allocated to the Pacific Cod Trawl Cooperative Program after subtraction of the A and
B season ICAs (§ 679.131(b)(1)). The Regional Administrator approves 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.
TABLE 11—FINAL 2024 PCTC COOPERATIVE ALLOCATIONS AND PSC ALLOWANCES
[Pacific cod and Pacific halibut amounts are in metric tons. Crab are in number of animals.]
Total
Pacific
cod CQ
Cooperative name 1
A Season
Pacific
cod CQ
B Season
Pacific
cod CQ
Halibut
Red
king
crab
C. opilio
COBLZ
Zone 1
c. bairdi
Zone 2
c. bairdi
GA Catcher Vessels Association ......................
Akutan Cod Association ....................................
Usixty PCTC Association ..................................
Katie Ann Cod Cooperative ..............................
USS Cod Cooperative .......................................
Unified Cod Cooperative ...................................
894
14,256
811
883
2,389
4,708
794
12,658
720
784
2,122
4,180
100
1,598
91
99
268
528
9.599
8.703
9.475
50.54
153.03
25.649
61
55
60
325
984
164
1,050
952
1,037
5,531
16,750
2,807
1,253
1,136
1,237
6,601
19,987
3,350
1,044
947
1,031
5,501
16,656
2,791
Totals .........................................................
23,942
21,258
2,684
257
1,653
28,130
33,567
27,973
Note: Totals may not add up due to rounding.
1 The 2025 allocations for PCTC Cooperatives will not be known until eligible participants apply for participation in the program by November 1, 2024.
Sablefish Gear Allocation
Sections 679.20(a)(4)(iii) and (iv)
require allocation of the sablefish TAC
for the BS and AI subareas between the
trawl gear and fixed gear sectors. 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,
§ 679.20(b)(1)(ii)(D)(1) requires that in
the BS and AI 7.5 percent of the trawl
gear allocation of sablefish TAC from
the non-specified reserve, established
under § 679.20(b)(1)(i), be assigned to
the CDQ reserve.
The Council recommended that only
trawl sablefish TAC be established
biennially. The harvest specifications
for the 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 12 lists the
2024 and 2025 gear allocations of the
sablefish TAC and CDQ reserve
amounts. Allocations among CDQ
groups are listed in table 22.
TABLE 12—FINAL 2024 AND 2025 GEAR SHARES AND CDQ RESERVE OF BSAI SABLEFISH TACS
[Amounts are in metric tons]
Subarea and gear
Percent
of TAC
ddrumheller on DSK120RN23PROD with RULES1
Bering Sea:
Trawl gear 1 ...........
Fixed gear 2 ...........
2024 Share
of TAC
2024 CDQ
reserve
2024 ITAC
2025 Share
of TAC
2025 ITAC
2025 CDQ
reserve
50
50
3,998
3,998
3,398
3,198
300
800
4,750
n/a
4,038
n/a
356
n/a
Total ...............
Aleutian Islands:
Trawl gear 1 ...........
Fixed gear 2 ...........
100
7,996
6,597
1,099
4,750
4,038
356
25
75
2,110
6,330
1,794
5,064
158
1,266
2,110
n/a
1,794
n/a
158
n/a
Total ...............
100
8,440
6,858
1,424
2,110
1,794
158
Note: Seasonal or sector apportionments may not total precisely due to rounding.
1 For the sablefish TAC allocated to vessels using trawl gear, 15 percent of TAC is apportioned to the non-specified reserve (§ 679.20(b)(1)(i)).
The ITAC for vessels using trawl gear is the remainder of the TAC after subtracting this reserve. In the BS and AI, 7.5 percent of the trawl gear
allocation of the TAC is assigned from the non-specified reserve to the CDQ reserve (§ 679.20(b)(1)(ii)(D)(1)).
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2 For the portion of 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 subtracting the CDQ reserve for each subarea. The Council recommended, and NMFS concurs, that specifications for the fixed gear sablefish IFQ fisheries be limited to
one year.
Allocation of the AI Pacific Ocean
Perch, and BSAI Flathead Sole, Rock
Sole, and Yellowfin Sole TACs
Sections 679.20(a)(10)(i) and (ii)
require that NMFS allocate AI Pacific
ocean perch and BSAI flathead sole,
rock sole, and yellowfin sole ITACs
between the Amendment 80 sector and
the BSAI trawl limited access sector,
after subtracting 10.7 percent for the
CDQ reserves and ICAs for the BSAI
trawl limited access sector and vessels
using non-trawl gear. The allocations of
the ITACs for AI Pacific ocean perch
and BSAI flathead sole, rock sole, and
yellowfin sole to the Amendment 80
sector are established in accordance
with tables 33 and 34 to 50 CFR part 679
and with § 679.91.
One Amendment 80 cooperative has
formed for the 2024 fishing year.
Because all Amendment 80 vessels are
part of the sole Amendment 80
cooperative, no allocation to the
Amendment 80 limited access sector is
required for 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.
Tables 13 and 14 list the 2024 and 2025
allocations of the AI Pacific ocean perch
and BSAI flathead sole, rock sole, and
yellowfin sole TACs. Allocations among
the CDQ groups are listed in table 22.
TABLE 13—FINAL 2024 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND
AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH AND BSAI FLATHEAD SOLE, ROCK
SOLE, AND YELLOWFIN SOLE TACS
[Amounts are in metric tons]
Pacific ocean perch
Sector
Eastern
Aleutian
district
TAC ..........................................................
CDQ .........................................................
ICA ...........................................................
BSAI trawl limited access ........................
Amendment 80 .........................................
Central
Aleutian
district
7,969
853
100
702
6,315
Western
Aleutian
district
5,521
591
60
487
4,383
12,500
1,338
10
223
10,929
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
195,000
20,865
4,000
32,996
137,139
Note: Sector apportionments may not total precisely due to rounding.
TABLE 14—FINAL 2025 COMMUNITY DEVELOPMENT QUOTA (CDC) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND
AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH AND BSAI FLATHEAD SOLE, ROCK
SOLE, AND YELLOWFIN SOLE TACS
[Amounts are in metric tons]
Pacific ocean perch
Sector
Eastern
Aleutian
district
TAC ..........................................................
CDQ .........................................................
ICA ...........................................................
BSAI trawl limited access ........................
Amendment 80 1 ......................................
7,828
838
100
689
6,201
Central
Aleutian
district
Western
Aleutian
district
5,423
580
60
478
4,304
12,500
1,338
10
223
10,929
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
195,000
20,865
4,000
32,996
137,139
ddrumheller on DSK120RN23PROD with RULES1
Note: Sector apportionments may not total precisely due to rounding.
1 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.
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
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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
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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
Amendment 80 cooperatives ABC
reserve to be the ratio of each
cooperatives’ quota share units and the
total Amendment 80 quota share units,
multiplied by the Amendment 80 ABC
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reserve for each respective species.
Table 15 lists the 2024 and 2025 ABC
surplus and ABC reserves for BSAI
flathead sole, rock sole, and yellowfin
sole. The ABC reserves for the CDQ
groups are listed in table 22.
TABLE 15—FINAL 2024 AND 2025 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]
2024
Flathead sole
Sector
ABC ..........................................................
TAC ..........................................................
ABC surplus .............................................
ABC reserve .............................................
CDQ ABC reserve ...................................
Amendment 80 ABC reserve ...................
67,289
35,500
31,789
31,789
3,401
28,388
2024
Rock sole
2024
Yellowfin sole
122,091
66,000
56,091
56,091
6,002
50,089
265,913
195,000
70,913
70,913
7,588
63,325
2025 1
Flathead sole
68,203
35,500
32,703
32,703
3,499
29,204
2025 1
Rock sole
122,535
66,000
56,535
56,535
6,049
50,486
2025 1
Yellowfin sole
276,917
195,000
81,917
81,917
8,765
73,152
ddrumheller on DSK120RN23PROD with RULES1
1 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.
PSC Limits for Halibut, Salmon, Crab,
and Herring
Section 679.21 (b), (e), (f), and (g), set
forth the BSAI PSC limits. Section
679.21(b)(1) establishes three fixed
halibut PSC limits totaling 1,770 mt,
and assigns 315 mt of the halibut PSC
limit as the PSQ reserve for use by the
groundfish CDQ Program, 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. An additional amount of BSAI
halibut PSC limit for the Amendment 80
sector is 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. In
accordance with § 679.21(b)(1)(i), NMFS
uses both halibut biomass estimates
such that the value at the intercept of
those survey indices from table 58 to 50
CFR part 679 is the Amendment 80
sector halibut PSC limit. 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 6,462 mt
and is in the ‘‘low’’ abundance state.
Pursuant to table 58 to 50 CFR part 679,
the 2024 Amendment 80 sector halibut
PSC limit is 1,396 mt. NMFS will
publish the 2025 Amendment 80 sector
halibut PSC limit in the 2025 and 2026
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
in table 20, and § 679.21(b)(1)(ii)(A) and
(B), (e)(3)(i)(B), and (e)(3)(iv) require
apportionment of the trawl PSC limits
in tables 17, 18, and 19 into PSC
allowances among seven fishery
categories. These apportionments into
PSC allowances are based on the fishery
categories’ share of anticipated halibut
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PSC during the fishing year and the
need to optimize the amount of total
groundfish harvested under the halibut
PSC limit for the non-trawl and trawl
sectors.
Pursuant to Section 3.6 of the FMP,
the Council recommends that certain
specified non-trawl fisheries be exempt
from the halibut PSC limit. NMFS
concurs with this recommendation and
exempts the pot gear fishery, the jig gear
fishery, and the sablefish IFQ fixed gear
fishery categories from halibut bycatch
restrictions for the following reasons: (1)
the pot gear fisheries have low halibut
bycatch mortality; (2) NMFS estimates
halibut mortality for the jig gear fleet to
be negligible because of the small size
of the fishery and the selectivity of the
gear; and (3) the sablefish and halibut
IFQ fisheries have low halibut bycatch
mortality because the IFQ program
requires that legal-size halibut be
retained by vessels using fixed gear if a
halibut IFQ permit holder or a hired
master is aboard and is holding unused
halibut IFQ for that vessel category and
the IFQ regulatory area in which the
vessel is operating (see § 679.7(f)(11)).
The 2023 total groundfish catch for
the pot gear fishery in the BSAI was
43,527 mt, with an associated halibut
bycatch mortality of 9 mt. The 2023 jig
gear fishery harvested 22 mt total
groundfish. Most vessels in the jig gear
fleet are exempt from observer coverage
requirements. As a result, observer data
are not available on halibut bycatch in
the jig gear fishery. As mentioned above,
NMFS estimates a negligible amount of
halibut bycatch mortality because of the
selective nature of jig gear and the low
mortality rate of halibut caught with jig
gear and released.
Under § 679.21(f)(2), NMFS annually
allocates portions of either 33,318,
45,000, 47,591, or 60,000 Chinook
salmon PSC limits among the AFA
sectors, depending on: (1) past bycatch
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performance; (2) whether Chinook
salmon bycatch incentive plan
agreements (IPAs) are formed and
approved by NMFS; and (3) 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
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,
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based on the State’s estimate that
Chinook salmon abundance in western
Alaska is less than 250,000 Chinook
salmon. In addition, all AFA sectors are
participating in NMFS-approved IPAs,
and no sector has exceeded the sector’s
annual Chinook salmon bycatch
performance standard in any three of
seven consecutive years. 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). 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). The AFA sector
Chinook salmon PSC limits are also
seasonally apportioned with 70 percent
for the A season pollock fishery, and 30
percent for the B season pollock fishery
(see §§ 679.21(f)(3)(i) and 679.23(e)(2)).
NMFS publishes the approved IPAs,
allocations, and reports at https://
alaskafisheries.noaa.gov/
sustainablefisheries/bycatch/
default.htm.
Section 679.21(g)(2)(i) specifies 700
fish as the 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
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
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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
approves, that the RKCSS red king crab
bycatch limit for 2024 and 2025 be
equal to 25 percent of the red king crab
PSC limit.
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
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 is
4.350 million animals.
Pursuant to § 679.21(e)(1)(v), the PSC
limit of Pacific herring caught while
conducting any trawl operation for BSAI
groundfish is 1 percent of the annual
eastern BS herring biomass. The best
estimate of 2024 and 2025 herring
biomass is 253,511 mt. This amount was
developed by ADF&G based on biomass
for spawning aggregations. Therefore,
the herring PSC limit for 2024 and 2025
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17303
is 2,535 mt for all trawl gear as listed in
tables 16 and 17.
Section 679.21(e)(3)(i)(A)(1) allocates
10.7 percent from 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 gear crab PSC limits. The
crab and halibut PSC limits apportioned
to the Amendment 80 and BSAI trawl
limited access sectors are listed in table
35 to 50 CFR part 679. The resulting
2024 and 2025 allocations of PSC limit
to CDQ PSQ reserves, the Amendment
80 sector, and the BSAI trawl limited
access sector are listed in table 16.
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 quota. Crab and halibut PSC
cooperative quota assigned to
Amendment 80 cooperatives is not
allocated to specific fishery categories.
In 2024, there are no vessels in the
Amendment 80 limited access sector
and there is a single Amendment 80
cooperative. The 2025 PSC allocations
between Amendment 80 cooperatives
and the Amendment 80 limited access
sector will not be known until eligible
participants apply for participation in
the program by November 1, 2024.
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
trawl CV sector for 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 limits of halibut and crab PSC
for the PCTC Program are listed in tables
18 and 19, and in table 11 for PSC
allowances for PCTC Program
cooperatives.
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Sections 679.21(b)(2) and (e)(5)
authorize NMFS, after consulting with
the Council, to establish seasonal
apportionments of halibut and crab PSC
amounts for the BSAI trawl limited
access and non-trawl sectors to
maximize the ability of the fleet to
harvest the available groundfish TAC
and to minimize bycatch. The factors to
be considered are: (1) seasonal
distribution of prohibited species; (2)
seasonal distribution of target
groundfish species relative to prohibited
species distribution; (3) PSC bycatch
needs on a seasonal basis relevant to
prohibited species biomass and
expected catches of target groundfish
species; (4) the expected variations in
bycatch rates throughout the year; (5)
the expected changes in directed
groundfish fishing seasons; (6) the
expected start of fishing effort; and (7)
economic effects of establishing
seasonal prohibited species
apportionments on segments of the
target groundfish industry. Based on
this criteria, the Council recommended
and NMFS approves the seasonal PSC
apportionments in tables 18, 19, and 20
to maximize harvest among gear types,
fisheries, and seasons while minimizing
bycatch of PSC. PSC limits for PCTC
Program cooperatives are listed in table
11. PSC allocations among the CDQ
groups are listed in table 22.
TABLE 16—FINAL 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 and
area and zone 1
Halibut mortality
(mt) BSAI ............
Herring (mt) BSAI ..
Red king crab (animals) Zone 1 ......
C. opilio (animals)
COBLZ ................
C. bairdi crab (animals) Zone 1 ......
C. bairdi crab (animals) Zone 2 ......
Total PSC
Non-trawl
PSC
CDQ PSQ
reserve 2
Trawl PSC
remaining
after CDQ
PSQ
BSAI trawl
limited
access sector
Amendment
80
sector 3 4
BSAI PSC limits
not allocated to
Amendment 80 3
3,166
2,535
710
n/a
315
n/a
n/a
n/a
1,396
n/a
745
n/a
n/a
n/a
97,000
n/a
10,379
86,621
43,293
26,489
16,839
4,350,000
n/a
465,450
3,884,550
1,909,256
1,248,494
726,799
980,000
n/a
104,860
875,140
368,521
411,228
95,390
2,970,000
n/a
317,790
2,652,210
627,778
1,241,500
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.
3 The BSAI halibut PSC limit for the Amendment 80 sector is 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 (§ 679.21(b)(1)(i)). The Amendment 80 Program
reduced apportionment of the trawl PSC limits for crab below the total PSC limit. These reductions are not apportioned to other gear types or
sectors (table 35 to part 679).
4 The Pacific Cod Trawl Cooperative (PCTC) Program reduced the Pacific cod PCTC Program PSC limit for halibut by 12.5 percent in 2024
and 25 percent in 2025 and each year after (§ 679.131(c)(1)(iii)(A and B)). The PCTC Program reduced the Pacific cod PCTC Program PSC limit
for crab by 35 percent each year (679.131(d)(1)(iii)). The PSC limits apply to PCTC Program trawl CVs in the A and B seasons.
2 The
TABLE 17—FINAL 2024 AND 2025 HERRING AND RED KING CRAB SAVINGS SUBAREA PROHIBITED SPECIES CATCH
ALLOWANCES FOR ALL TRAWL SECTORS
Herring (mt)
BSAI
ddrumheller on DSK120RN23PROD with RULES1
Fishery categories
Red king crab
(animals)
Zone 1
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 ..................................................................................................................
Red king crab savings subarea non-pelagic trawl gear 4 ........................................................................................
146
74
8
8
13
2,256
30
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
24,250
Total trawl PSC ................................................................................................................................................
2,535
97,000
Note: Species apportionments may not total precisely due to rounding.
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 December 2024, the Council recommended, and NMFS approves, that the red king crab bycatch limit for non-pelagic trawl fisheries within
the RKCSS be limited to 25 percent of the red king crab PSC allowance (see § 679.21(e)(3)(ii)(B)(2)).
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17305
TABLE 18—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
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 .................................
250
........................
23,337
........................
1,192,179
........................
346,228
........................
1,185,500
........................
........................
5
315
6
257
15
37
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
Note: Species apportionments 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 Amendment 122 established the Pacific Cod Trawl Cooperative (PCTC) Program that further apportioned the BSAI trawl limited access sector Pacific cod PSC limits for halibut and crab between AFA CPs, PCTC A and B-season, and open access C-season (§ 679.131(c) and (d)). In
2024, NMFS will apply a 12.5 percent reduction to the A and B season trawl CV sector halibut PSC apportionment after the Council recommends and NMFS approves the BSAI trawl limited access sector’s PSC limit apportionments to fishery categories (§ 679.131(c)(1)(iii)). In
2025 and every year thereafter, NMFS will apply a 25 percent reduction to the A and B season trawl CV sector halibut PSC apportionment. The
crab PSC limits are reduced for the A and B season trawl CV sector PSC limit by 35 percent each year (§ 679.131(d)(1)(iii)). Any amount of the
PCTC Program PSC limit remaining after the B season may be reapportioned to the trawl CV open access fishery in the C season. Because the
annual PSC limits 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 reduction 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.
TABLE 19—FINAL 2025 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL LIMITED ACCESS SECTORS
AND PACIFIC COD TRAWL COOPERATIVE PROGRAM
Prohibited species and area 1
ddrumheller on DSK120RN23PROD with RULES1
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, January 20–June 10 ..............
Trawl CV Pacific cod, June 10–November 1 ......................
PCTC Program unallocated reduction .................................
Pollock/Atka mackerel/other species 4 .................................
250
........................
23,337
........................
1,192,179
........................
346,228
........................
1,185,500
........................
........................
5
315
6
220
16
73
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
Note: Species apportionments 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 Amendment 122 established the Pacific Cod Trawl Cooperative (PCTC) Program that further apportioned the BSAI trawl limited access sector Pacific cod PSC limits for halibut and crab between AFA CPs, PCTC A and B-season, and open access C-season (§ 679.131(c) and (d)). In
2025 and every year thereafter, NMFS will apply a 25 percent reduction to the A and B season trawl CV sector halibut PSC apportionment after
the Council recommends and NMFS approves the BSAI trawl limited access sector’s PSC limit apportionments to fishery categories
(§ 679.131(c)(1)(iii)). The crab PSC limits are reduced for the A and B season trawl CV sector PSC limit by 35 percent each year
(§ 679.131(d)(1)(iii)). Any amount of the PCTC Program PSC limit remaining after the B season may be reapportioned to the trawl CV open access fishery in the C season. Because the annual PSC limits 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 reduction 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.
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TABLE 20—FINAL 2024 AND 2025 HALIBUT PROHIBITED SPECIES BYCATCH ALLOWANCES FOR NON-TRAWL FISHERIES
Halibut mortality (mt) BSAI
Catcher
processor
Non-trawl fisheries
Seasons
Catcher vessel
All non-trawl
Pacific cod ...............................................................................
Non-Pacific cod non-trawl-Total ..............................................
Groundfish pot and jig ............................................................
Sablefish hook-and-line ..........................................................
Total Pacific cod .....................
January 1–June 10 ................
June 10–August 15 ................
August 15–December 31 .......
May 1–December 31 ..............
n/a ..........................................
n/a ..........................................
648
388
162
98
n/a
n/a
n/a
13
9
2
2
n/a
n/a
n/a
661
n/a
n/a
n/a
49
Exempt
Exempt
Total for all non-trawl PSC ..............................................
n/a ..........................................
n/a
n/a
710
Note: Seasonal or sector allowances may not total precisely due to rounding.
Estimates of Halibut Biomass and Stock
Condition
The IPHC annually assesses the
abundance and potential yield of the
Pacific halibut stock using all available
data from the commercial and sport
fisheries, other removals, and scientific
surveys. Additional information on the
Pacific halibut stock assessment may be
found in the IPHC’s 2023 Pacific halibut
stock assessment (December 2023),
available on the IPHC website at https://
www.iphc.int. The IPHC considered the
2023 Pacific halibut stock assessment at
its January 2024 annual meeting when
it set the 2024 commercial halibut
fishery catch limits.
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 continues to ensure
that NMFS is using DMRs that
accurately reflect halibut mortality,
which will inform the sectors of their
estimated halibut mortality and allow
sectors to respond with methods that
could reduce mortality and, eventually,
the DMR for that sector.
At the December 2023 meeting, the
SSC, AP, and the Council concurred
with the revised DMR estimation
methodology, and NMFS adopts for
2024 and 2025 the DMRs calculated
under the revised methodology, which
uses an updated 2-year reference period,
except pot gear uses an updated 4-year
reference period. The final 2024 and
2025 DMRs in this rule are unchanged
from the DMRs in the proposed 2024
and 2025 harvest specifications (88 FR
84278, December 5, 2023). Table 21 lists
these final 2024 and 2025 DMRs.
ddrumheller on DSK120RN23PROD with RULES1
TABLE 21—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 ...........................................................................
Pot ............................................................................................
All .............................................................................................
Mothership and catcher/processor ..........................................
Catcher vessel .........................................................................
Catcher/processor ...................................................................
Catcher vessel .........................................................................
All .............................................................................................
Community Development Quota Group
Quotas
In 2006, Public Law 109–241
amended section 305(i)(1) of the
Magnuson-Stevens Act (16 U.S.C.
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1855(i)). This law specifies the
allocation of CDQ groundfish and PSC
amounts among the six CDQ groups.
The six groups are the Aleutian Pribilof
Island Community Development
Association (APICDA), Bristol Bay
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100
85
63
7
7
26
Economic Development Corporation
(BBEDC), Central Bering Sea
Fisherman’s Association (CBSFA),
Coastal Villages Regional Fund (CVRF),
Norton Sound Economic Development
Corporation (NSEDC), and Yukon Delta
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Federal Register / Vol. 89, No. 48 / Monday, March 11, 2024 / Rules and Regulations
Fisheries Development Association
(YDFDA). NMFS published the CDQ
and CDQ PSQ percentages on August
31, 2006 (71 FR 51804, August 31,
2006). Those percentages applied to the
17307
CDQ amounts in these harvest
specifications are shown in table 22.
TABLE 22—2024 CDQ PROGRAM QUOTA CATEGORIES, TARGET CDQ RESERVES, PROHIBITED SPECIES QUOTA (PSQ)
RESERVES, AND CDQ GROUP QUOTAS
Species or species group
APICDA
BBEDC
CBSFA
Groundfish CDQ Species
CVRF
NSEDC
YDFDA
Total
CDQ Group Quotas
Groundfish units are in metric tons
BS Pollock A season ...............................
BS Pollock B season ...............................
BS Pollock Total ......................................
AI Pollock .................................................
BS FG Sablefish ......................................
AI FG Sablefish ........................................
BS Sablefish ............................................
AI Sablefish ..............................................
BS Pacific cod ..........................................
AI Pacific cod ...........................................
WAI Atka Mackerel ..................................
CAI Atka Mackerel ...................................
EAI/BS Atka Mackerel .............................
Yellowfin Sole ..........................................
Yellowfin Sole ABC reserves ...................
Rock Sole .................................................
Rock Sole ABC reserves .........................
BS Greenland Turbot ...............................
Arrowtooth Flounder ................................
Flathead Sole ...........................................
Flathead Sole ABC reserves ...................
WAI Pacific Ocean Perch ........................
CAI Pacific Ocean Perch .........................
EAI Pacific Ocean Perch .........................
8,190
10,010
18,200
266
120
177
63
41
2,371
130
770
538
1,036
5,842
2,125
1,695
1,440
46
330
760
680
401
177
256
12,285
15,015
27,300
399
160
241
66
32
3,320
182
385
269
518
5,008
1,821
1,624
1,380
58
330
798
714
201
89
128
2,925
3,575
6,500
95
128
38
27
13
1,423
78
205
143
276
1,669
607
565
480
23
135
342
306
107
47
68
14,040
17,160
31,200
456
....................
342
39
21
2,846
156
385
269
518
1,252
455
777
660
49
195
570
510
201
89
128
12,870
15,730
28,600
418
144
291
39
19
2,846
156
359
251
483
1,461
531
777
660
55
180
570
510
187
83
119
8,190
10,010
18,200
266
248
177
66
33
3,004
164
462
323
621
5,634
2,049
1,624
1,380
58
330
760
680
241
106
153
58,500
71,500
130,000
1,900
800
1,266
300
158
15,810
865
2,565
1,793
3,452
20,865
7,588
7,062
6,002
288
1,498
3,799
3,401
1,338
591
853
2,387
27,264
76,270
116,363
72
547
139
685
7
629
10,379
104,860
317,790
465,450
315
3,906
990
4,896
53
4,494
PSQ
Halibut PSQ is in metric tons. Crab and salmon PSQ are in number of animals
Zone 1 Red King Crab .............................
Zone 1 Bairdi Tanner Crab ......................
Zone 2 Bairdi Tanner Crab ......................
COBLZ Opilio Tanner Crab .....................
Pacific Halibut ..........................................
BS Chinook Salmon A season ................
BS Chinook Salmon B season ................
BS Chinook Salmon total .........................
AI Chinook Salmon ..................................
Non-Chinook Salmon ...............................
2,491
27,264
76,270
116,363
69
547
139
685
7
629
ddrumheller on DSK120RN23PROD with RULES1
Directed Fishing Closures
In accordance with § 679.20(d)(1)(i),
the Regional Administrator may
establish a DFA for a species or species
group if the Regional Administrator
determines that any allocation or
apportionment of a target species has
been or will be reached. If the Regional
Administrator establishes a DFA, and
that allowance is or will be reached
before the end of the fishing year, NMFS
will prohibit directed fishing for that
species or species group in the specified
subarea, regulatory area, or district (see
§ 679.20(d)(1)(iii)). Similarly, pursuant
to § 679.21(b)(4) and (e)(7), if the
Regional Administrator determines that
a fishery category’s bycatch allowance
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2,180
25,166
73,092
111,708
69
820
208
1,028
11
944
830
8,389
25,423
37,236
28
195
50
245
3
225
1,245
8,389
34,957
46,545
38
937
238
1,175
13
1,079
of halibut, red king crab, C. bairdi crab,
or C. opilio crab for a specified area has
been reached, the Regional
Administrator will prohibit directed
fishing for each species or species group
in that fishery category in the area
specified by regulation for the
remainder of the season or fishing year.
Based on historical catch patterns and
anticipated fishing activity, the Regional
Administrator has determined that the
groundfish allocation amounts in table
23 will be necessary as incidental catch
to support other anticipated groundfish
fisheries for the 2024 and 2025 fishing
years. Consequently, in accordance with
§ 679.20(d)(1)(i), the Regional
Administrator establishes the DFA for
the species and species groups in table
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1,245
8,389
31,779
37,236
38
859
218
1,077
12
989
23 as zero mt. Therefore, in accordance
with § 679.20(d)(1)(iii), NMFS is
prohibiting directed fishing for these
sectors and species or species groups in
the specified areas effective at 1200
hours, A.l.t., March 11, 2024, through
2400 hours, A.l.t., December 31, 2025.
Also, for the BSAI trawl limited access
sector, bycatch allowances of halibut,
red king crab, C. bairdi crab, and C.
opilio crab listed in table 23 are
insufficient to support directed fisheries
for the species and species groups listed
in table 23. Therefore, in accordance
with § 679.21(b)(4)(i) and (e)(7), NMFS
is prohibiting directed fishing for these
sectors, species, and fishery categories
in the specified areas effective at 1200
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hours, A.l.t., March 11, 2024, through
2400 hours, A.l.t., December 31, 2025.
TABLE 23—2024 AND 2025 DIRECTED FISHING CLOSURES 1
[Groundfish and halibut amounts are in metric tons. Crab amounts are in number of animals.]
2024
Incidental
catch
allowance
2025
Incidental
catch
allowance
Area
Sector
Species
Bogoslof District ..............................
Aleutian Islands subarea ................
Aleutian Islands subarea ................
All ...................................................
All ...................................................
All ...................................................
Aleutian Islands subarea ................
Eastern Aleutian District/Bering
Sea.
Eastern Aleutian District/Bering
Sea.
Eastern Aleutian District .................
Trawl non-CDQ ..............................
Non-amendment 80, CDQ, and
BSAI trawl limited access.
All ...................................................
Pollock ............................................
Greenland Turbot ...........................
ICA pollock .....................................
‘‘Other rockfish’’ 2 ...........................
Sablefish ........................................
ICA Atka mackerel .........................
250
426
3,420
380
1,794
800
250
366
3,420
380
1,794
800
Blackspotted/Rougheye rockfish ....
330
350
ICA Pacific ocean perch ................
100
100
ICA Atka mackerel .........................
75
75
Central Aleutian District ..................
Non-amendment 80, CDQ, and
BSAI trawl limited access.
Non-amendment 80, CDQ, and
BSAI trawl limited access.
Western Aleutian District ................
Non-amendment 80, CDQ
BSAI trawl limited access.
and
ICA Pacific ocean perch ................
ICA Atka mackerel .........................
60
20
60
20
Western and Central Aleutian Districts.
Bering Sea subarea ........................
Bering Sea subarea ........................
All ...................................................
ICA Pacific ocean perch ................
Blackspotted/Rougheye rockfish ....
10
181
10
195
Bering Sea and Aleutian Islands ....
........................................................
Sablefish ........................................
Pacific ocean perch .......................
‘‘Other rockfish’’ 2 ...........................
ICA pollock .....................................
Shortraker rockfish .........................
Skates ............................................
Sharks ............................................
Octopuses ......................................
ICA Pacific cod ..............................
ICA flathead sole ...........................
ICA rock sole .................................
ICA yellowfin sole ..........................
Rock sole/flathead sole/other flatfish—halibut mortality, red king
crab Zone 1, C. opilio COBLZ,
C. bairdi Zone 1 and 2.
Turbot/arrowtooth/Kamchatka/sablefish—halibut mortality, red
king crab Zone 1, C. opilio
COBLZ, C. bairdi Zone 1 and 2.
Rockfish—red king crab Zone 1 ....
3,398
9,891
748
50,000
451
25,941
340
340
500
3,000
6,000
4,000
........................
4,038
9,716
748
50,000
451
25,807
340
340
500
3,000
6,000
4,000
........................
........................
........................
........................
........................
Trawl non-CDQ ..............................
All ...................................................
Hook-and-line and pot gear ...........
All ...................................................
All ...................................................
BSAI trawl limited access ..............
1 Maximum
retainable amounts may be found in table 11 to 50 CFR part 679.
rockfish’’ includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean perch, northern rockfish,
blackspotted/rougheye rockfish, and shortraker rockfish.
ddrumheller on DSK120RN23PROD with RULES1
2 ‘‘Other
Closures implemented under the final
2023 and 2024 BSAI harvest
specifications for groundfish (88 FR
14926, March 10, 2023) remain effective
under authority of these final 2024 and
2025 harvest specifications and until the
date specified in those closure
notifications. Closures are posted at the
following website under the Alaska
filter for Management Area: https://
www.fisheries.noaa.gov/rules-andannouncements/bulletins. While these
closures are in effect, the maximum
retainable amounts at § 679.20(e) and (f)
apply at any time during a fishing trip.
These closures to directed fishing are in
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addition to closures and prohibitions
found at 50 CFR part 679.
Listed AFA Catcher/Processor
Sideboard Limits
Pursuant to § 679.64(a), the Regional
Administrator is responsible for
restricting the ability of listed AFA CPs
to engage in directed fishing for
groundfish species other than pollock to
protect participants in other groundfish
fisheries from adverse effects resulting
from the AFA fishery and from fishery
cooperatives in the directed pollock
fishery. These restrictions are set out as
sideboard limits on catch. On February
8, 2019, NMFS published a final rule
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(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). Section 679.64(a)(1)(v)
exempts AFA CPs from a yellowfin sole
sideboard limit because the final 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
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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 24 that are caught
by listed AFA CPs participating in any
groundfish fishery other than pollock
17309
(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).
will accrue against the final 2024 and
2025 PSC sideboard limits for the listed
AFA CPs. Section 679.21(b)(4)(iii),
(e)(3)(v), and (e)(7) authorizes NMFS to
close directed fishing for groundfish
other than pollock for listed AFA CPs
once a final 2024 or 2025 PSC sideboard
limit listed in table 24 is reached.
Pursuant to § 679.21(b)(1)(ii)(C) and
TABLE 24—FINAL 2024 AND 2025 BSAI AFA LISTED CATCHER/PROCESSOR PROHIBITED SPECIES SIDEBOARD LIMITS
Ratio of PSC
catch to total
PSC
PSC species and area 1
Halibut mortality BSAI ......................................................................................................
Red king crab Zone 1 ......................................................................................................
C. opilio (COBLZ) ............................................................................................................
C. bairdi Zone 1 ...............................................................................................................
C. bairdi Zone 2 ...............................................................................................................
1 Refer
2024 and 2025
PSC available to
trawl vessels after
subtraction of
PSQ 2
n/a
0.0070
0.1530
0.1400
0.0500
n/a
86,621
3,884,550
875,140
2,652,210
2024 and 2025
AFA catcher/
processor
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
AFA Catcher Vessel Sideboard Limits
Pursuant to § 679.64(b), the Regional
Administrator is responsible for
restricting the ability of AFA CVs to
engage in directed fishing for groundfish
species other than pollock to protect
participants in other groundfish
fisheries from adverse effects resulting
from the AFA fishery and from fishery
cooperatives in the pollock directed
fishery. 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). Section 679.64(b)(6)
exempts AFA CVs from a yellowfin sole
sideboard limit because the final 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
§ 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 25 lists the
final 2024 and 2025 AFA CV groundfish
sideboard limits.
TABLE 25—FINAL 2024 AND 2025 BSAI PACIFIC COD SIDEBOARD LIMITS FOR AMERICAN FISHERIES ACT CATCHER
VESSELS (CVS)
[Amounts are in metric tons]
Fishery by area/gear/season
Ratio of 1997
AFA CV catch
to 1997 TAC
2024 ITAC for
C season
2024 AFA
catcher vessel
sideboard limit
2025 ITAC for
C season
2025 AFA
catcher vessel
sideboard limit
n/a
n/a
0.8609
n/a
n/a
4,613
n/a
n/a
3,971
n/a
n/a
4,168
n/a
n/a
3,588
Pacific cod BSAI ..................................................................
Trawl gear CV ......................................................................
Jun 10–Nov 1 ...............................................................
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Note: Section 679.64(b)(6) exempts AFA catcher vessels from a yellowfin sole sideboard limit because the final 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 26 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) authorizes
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NMFS to close directed fishing for
groundfish other than pollock for AFA
CVs once a final 2024 or 2025 PSC
sideboard limit listed in table 26 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
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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).
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TABLE 26—FINAL 2024 AND 2025 AMERICAN FISHERIES ACT CATCHER VESSEL PROHIBITED SPECIES CATCH SIDEBOARD
LIMITS FOR THE BSAI 1
PSC species and area 1
Target fishery category 2
Halibut ....................................
Pacific cod trawl ......................................................................
Pacific cod hook-and-line or pot .............................................
Yellowfin sole total ..................................................................
Rock sole/flathead sole/Alaska plaice/other flatfish 4 .............
Greenland turbot/arrowtooth/Kamchatka/sablefish .................
Rockfish ..................................................................................
Pollock/Atka mackerel/other species 5 ....................................
n/a ...........................................................................................
n/a ...........................................................................................
n/a ...........................................................................................
n/a ...........................................................................................
Red king crab Zone 1 ............
C. opilio COBLZ .....................
C. bairdi Zone 1 .....................
C. bairdi Zone 2 .....................
AFA catcher
vessel PSC
sideboard limit
ratio
2024 and
2025 PSC limit
after
subtraction
of PSQ
reserves 3
2024 and
2025 AFA
catcher vessel
PSC
sideboard
limit 3
n/a
n/a
n/a
n/a
n/a
n/a
n/a
0.2990
0.1680
0.3300
0.1860
n/a
n/a
n/a
n/a
n/a
n/a
n/a
86,621
3,884,550
875,140
2,652,210
n/a
2
101
228
........................
2
5
25,900
652,604
288,796
493,311
1 Refer
to § 679.2 for definitions of areas.
trawl fishery categories are defined at §§ 679.21(b)(1)(ii)(B) and (e)(3)(iv).
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.
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2 Target
Response to Comments
NMFS received 5 letters raising 17
distinct comments during the public
comment period for the proposed BSAI
groundfish harvest specifications (88 FR
84278, December 5, 2023). NMFS’s
responses are below.
Comment 1: The BSAI harvest
specifications do not consider the
impact of offshore wind on the marine
environment.
Response: This is outside of the scope
of the harvest specifications. The final
rule implementing the harvest
specifications sets the OFL, ABC, and
TAC for target species in the BSAI, but
does not regulate or authorize offshore
wind. There is no current or planned
offshore wind project in Alaska State
waters or EEZ waters off of Alaska.
Comment 2: Salmon are important for
the cultural well-being of Alaska native
tribes. Climate change is negatively
affecting salmon and additive pressure
from the pollock fishery is exacerbating
their declines. Maintaining the status
quo TAC for pollock harvest will result
in continued bycatch and impacts to
salmon and halibut as the pollock
industry catches more individual
salmon and halibut as bycatch than
directed and subsistence fishermen of
Alaska are allocated for their survival
and livelihoods.
Response: NMFS recognizes that
salmon are paramount to the cultural
well-being for indigenous peoples of
Alaska. NMFS also recognizes that
climate change is affecting the survival
of western Alaska Chinook and chum
salmon in their freshwater and marine
life stages.
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The annual TAC setting process is a
robust, expansive process that involves
significant scientific input and includes
consideration of current environmental
and ecosystem factors (e.g., climate
change) and other marine resources
(e.g., salmon and halibut). Scientists
from the AFSC prepare the assessment
using sophisticated statistical analyses
of fish populations and draft the written
assessment for a species or species
group, which for eastern BS (EBS)
pollock is a full assessment updated
annually and for AI pollock is a full
assessment updated biennially. The
assessments for the BSAI are informed
by the most recent survey and harvest
data available, including multiple
surveys in the EBS scheduled annually
and in the AI every other year. The
stock assessment then undergoes
rigorous review by the scientists and
resource managers on the Plan Team
and SSC.
During this annual TAC setting
process, the Plan Team, SSC, AP, and
Council review several sources
comprising the best scientific
information available—the ESRs,
Ecosystem and Socioeconomic Profiles
(ESP), stock assessments, and Plan
Team report—and use all these
materials as reference in their OFL,
ABC, and TAC recommendations to
NMFS. NMFS reviews the same
information for its annual decision to
implement the OFL, ABC, and TAC for
BSAI groundfish. Updates on salmon
abundance estimates, commercial
salmon catch, and the physical
environment are included in the ESR
and ESP. For an overview of the ESR
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Sfmt 4700
and ESP, refer to the response to
Comment 3.
The stock assessment author and Plan
Team make a recommendation for OFL
and ABC for each species and species
group, and the SSC may concur with
this recommendation or make a
different recommendation. Ultimately,
the SSC recommends the OFL and ABC
(i.e., the biological reference points) that
inform the setting of the TAC (the
harvest target/limit) for each species and
species group since TAC cannot exceed
ABC (see Section 3.2.3.4.1 of the FMP
and 50 CFR 600.310(g)(4)). This ensures
that the TAC for each species and
species group does not exceed the
scientific recommendations for ABC and
OFL.
OFL and ABC are calculated using
prescribed methods set forth in the
FMP. The FMP specifies a series of six
tiers to define OFL and ABC amounts
based on the level of reliable
information available to fishery
scientists. Tier 1 represents the highest
level of information quality available,
while Tier 6 represents the lowest. The
methods for calculating OFL and ABC
(including the ABC control rule) become
more precautionary depending on the
tier and stock status: for example, with
less reliable information the larger the
buffer (reduction) between OFL and
ABC, and as stock status declines the
OFL and ABC are reduced.
The specification of ABC is informed
by the ecosystem, environmental, and
socioeconomic factors presented in the
ESRs and in the stock assessment,
specifically the stock-specific risk table
prepared for each stock as well as an
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additional ecosystem considerations
section prepared for full/operational
assessments like pollock. For EBS
pollock, for example, the ecosystem
considerations section of the stock
assessment analyzes the fishery’s effects
on the ecosystem, such as bycatch of
non-target species like salmon. The
2023 ESRs also provide information on
the status of salmon in the BS ecosystem
and AI ecosystem, including updated
information on the abundance of
salmon, fish condition, the run size of
Bristol Bay sockeye salmon, the Yukon
and Kuskokwim chum runs and
subsistence harvest, abundance and role
of eastern Kamchatka pink salmon in
the Aleutian Islands, and trends in
directed commercial catch of salmon.
The 2023 EBS ESR also included an
overview of foraging and energetics for
Pacific halibut. The specification of the
pollock TACs is therefore based on the
best scientific information available on
the status of the pollock stock and
accounts for ecosystem, environmental,
and socioeconomic factors, including
bycatch of non-target species like
salmon. The 2023 SAFE report chapter
for EBS pollock is available at https://
www.npfmc.org/wp-content/
PDFdocuments/SAFE/2023/
EBSpollock.pdf.
As described above, NMFS and the
Council considered the status of
Chinook and chum salmon in the
harvest specifications process. In
addition, the harvest specifications
announce Chinook bycatch limits based
on promulgated regulations
implementing Amendments 91 and 110
to the FMP. NMFS and the Council have
previously taken comprehensive action
through Amendments 91 and 110 to the
FMP and implementing regulations to
reduce salmon bycatch in the pollock
trawl fishery because of the potential for
negative impacts on salmon stocks.
Existing measures have reduced salmon
bycatch in the pollock fishery compared
with what they would have been
without the measures. Regulations set
limits on how many Chinook salmon
can be caught in a year in the Bering Sea
pollock fishery, and those regulations
require that NMFS announce the
applicable Chinook salmon limits in the
harvest specifications (see § 679.21(f)).
Pursuant to § 679.21(f), 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: (1) past bycatch
performance; (2) whether Chinook
salmon bycatch incentive plan
agreements (IPAs) are formed and
approved by NMFS; and (3) whether
NMFS determines it is a low Chinook
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salmon abundance year (see § 679.21(f)).
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, based on the
estimate provided by the State. The
State provides NMFS with 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.
For 2023, NMFS determined it was a
low abundance year based on the State’s
3-System Index. In accordance with the
regulations at § 679.21(f), NMFS has
specified a Chinook salmon PSC limit of
45,000 Chinook salmon, and a Chinook
salmon bycatch performance standard of
33,318 Chinook salmon for the 2024
fishing year. NMFS publishes the
approved IPAs, allocations, and reports
at https://alaskafisheries.noaa.gov/
sustainablefisheries/bycatch/
default.htm. Bycatch of salmon is
posted on the NMFS website at https://
www.fisheries.noaa.gov/alaska/
commercial-fishing/fisheries-catch-andlandings-reports-alaska.
For each fishing year, the Bering Sea
pollock fleet is constrained by the limit
of Chinook salmon PSC set in regulation
(as explained above), regardless of the
size of the pollock TAC and harvest.
The AFA sectors are prohibited from
continuing to fish if their Chinook
salmon PSC limit has been exceeded.
Further, if the sector exceeds its
performance standard in 3 of 7 years,
that sector becomes constrained by the
performance standard in future years
(meaning, the sector would be subject to
a lower PSC limit in future years).
Regulations set limits on Chinook
salmon PSC for the AI pollock fishery
and non-Chinook salmon PSC for
vessels using trawl gear. These are static
limits set in regulations and are
announced in the groundfish harvest
specifications each year. Regulations
also set limits on Pacific halibut PSC in
the groundfish fisheries. Section
679.21(b)(1) establishes a fixed halibut
PSC of 745 mt for the BSAI trawl
limited access sector. The Council and
NMFS apportion for seven trawl fishery
categories a PSC allowance from the
fixed limit of 745 mt. Halibut PSC in the
pollock fisheries accrues to a specific
fishery category—the pollock/Atka
mackerel/other species fishery category,
as specified in regulations. For 2024 and
2025, the allowance for the pollock/
Atka mackerel/other species fishery
category is 175 mt (see tables 18 and
19).
Ultimately, NMFS manages salmon
bycatch in the pollock fishery through a
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17311
variety of tools that apply at all levels
of pollock TAC. The tools for both
salmon and halibut bycatch include the
Chinook salmon PSC limits (which are
announced in these annual harvest
specifications), halibut PSC limits set in
regulation (which are also announced in
these annual harvest specifications),
IPAs to address Chinook and chum
bycatch, and a comprehensive
monitoring program to collect data on
bycatch, including salmon and halibut
bycatch. The information from this
monitoring program is used to estimate
how many Chinook and chum salmon
are caught as bycatch from trawl vessels,
where those fish came from, and
whether a potential violation of law
occurred.
NMFS acknowledges the western
Alaska salmon crisis and the impact it
is having on culture and food security
throughout western Alaska. Science
indicates climate change as the primary
driver of poor salmon returns in western
Alaska. Scientists from NMFS continue
to study the impacts of climate change
on salmon and halibut. For example,
scientists from NMFS and the State
found that recent heat wave events
created conditions where energy
allocation and prey quality was affected
and added stress to western Alaska
chum salmon at critical life stages (see
Farley, Jr., et al., 2024; https://www.intres.com/abstracts/meps/v726/p149160). Additionally, as discussed in the
response to Comment 10, the best
scientific evidence indicates that the
numbers of the ocean bycatch that
would have returned to western Alaska
rivers would be relatively small due to
ocean mortality and the large number of
other river systems contributing to the
total Chinook or chum salmon bycatch.
NMFS and the Council are committed
to continued improvements in bycatch
management with a goal of minimizing
bycatch at all levels of abundance for
target species (i.e., pollock) and PSC.
NMFS and the Council are currently
engaged in a comprehensive process to
evaluate existing measures and develop
alternatives that may be necessary to
further reduce chum salmon bycatch.
More information on this process can be
found at https://www.npfmc.org/
fisheries-issues/bycatch/salmonbycatch/. However, the Chinook salmon
and Pacific halibut PSC limits and the
conditions that affect the limits are set
in regulations, and changes to those
regulations are outside of the scope of
the annual harvest specification process.
NMFS believes that changes to bycatch
management of all prohibited species,
including Chinook salmon, chum
salmon, and Pacific halibut, are best
accomplished through the Council
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process to recommend FMP
amendments and regulations that NMFS
would implement if consistent with the
Magnuson-Stevens Act, the FMP, and
other applicable law.
Comment 3: Management of fisheries,
including TAC setting and PSC limits,
should include ecosystem based fishery
management.
Response: The annual process for
specifying TAC for groundfish in the
BSAI is a scientifically-driven process
informed by the best available
information on the status of the marine
ecosystems off Alaska. Each year, ESRs
are prepared for the BS and AI
ecosystems (as well as the Gulf of
Alaska (GOA) ecosystem). The intent of
the ESRs is to provide the Plan Team,
SSC, AP, Council, and NMFS, as well as
the public, with a broad overview of the
current status of the marine ecosystems.
The ESRs are drafted by scientists and
staff from NOAA, other federal and state
agencies, academic institutions, tribes,
and non-profits, and they compile and
summarize information about the status
of the Alaska marine ecosystems and
represent the best scientific information
available. The ESRs include information
on the physical environment and
oceanography, climate data, biological
data, marine resources, and socioecological dimensions to provide
context for the specification of OFL,
ABC, and TAC. For example, the 2024
ESR for the EBS includes: (1) a synthesis
of the physical environment (e.g.,
temperature, sea ice, and cold pool); (2)
an analysis of primary production (e.g.,
phytoplankton and zooplankton); (3)
trends for non-target species and
discards (e.g., jellyfish, forage fish,
herring, and salmon); (4) integrated
information on seabirds; (5) recruitment
predictions; (6) emerging stressors; and
(7) a sustainability index. The 2024 EBS
ESR is available at https://appsafsc.fisheries.noaa.gov/REFM/docs/
2023/EBSecosys.pdf.
Information from the ESRs are
integrated in stock assessments,
primarily through the risk tables that are
prepared for each stock. The risk table
includes evaluation of four
considerations: (1) assessment-related;
(2) population dynamics; (3)
environmental/ecosystem; and (4)
fishery performance. The risk table is
meant to inform the specification of
ABC by accounting for additional
scientific uncertainty that is not
addressed in the stock assessment
model used to calculate OFL and ABC
based on the stock’s tier and the
corresponding OFL and ABC control
rules in the FMP. Because TAC cannot
exceed ABC, reductions in ABC based
on the risk table result in additional
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precaution in the catch limits for
groundfish of the BSAI. The risk table
can highlight changes in ecosystem
conditions. For example, in the 2023
EBS pollock SAFE report, the risk table
assessed several environmental and
ecosystem considerations that
warranted an elevated level of concern,
including environmental/oceanographic
factors related to climate change, status
in fish condition over year classes,
declining trends in northern fur seal
pup production on St. Paul Island, and
mixed trends in the status of potential
competitors like jellyfish and salmon
(Bristol Bay sockeye salmon have
continued to sustain high inshore runs,
and sockeye salmon compete with both
juvenile and adult pollock for prey).
Based on the elevated ecosystem risk
identified in the risk table, the SSC
reduced the EBS pollock ABC by 18
percent.
Some stock assessments also include
an individual ESP. The ESP was
developed as a framework for organizing
and evaluating ecosystem and
socioeconomic information about an
individual stock. The ESP informs
environmental and ecosystem
considerations, population dynamics,
and fisheries performance in the risk
table. For example, the ESP for EBS
Pacific cod assesses numerous
ecosystem indicators that include
physical indicators, lower tropic
indicators, and upper trophic indicators.
The ESP for EBS Pacific cod is available
at https://apps-afsc.fisheries.noaa.gov/
Plan_Team/2023/EBSpcod_app2.pdf.
Stock assessment authors consider a
variety of ecosystem-related factors
when preparing their assessments,
which are thoroughly reviewed by the
Plan Team and the SSC. Stock
assessment authors will include, if
possible, relevant ecosystem-related
factors into their modeling. Many
models use variables that are potentially
ecosystem-related, climate-impacted
like size and condition of fish (i.e.,
length and weight) and recruitment, and
some models integrate specific
environmental factors that have been
influenced by climate change, such as
the extent of the cold pool and bottom
temperature in the survey area.
The information from the ESRs, stock
assessments, and ESPs allows the Plan
Team, SSC, AP, Council, and NMFS to
respond to ecosystem changes and stock
changes in the BSAI and to adjust the
harvest specifications as necessary. This
is consistent with the FMP and the
preferred harvest strategy analyzed in
the Final EIS and implemented each
year for the specification of TAC. The
Final EIS contemplated that ABCs could
be reduced based on ecosystem
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considerations (Chapter 11 of Final EIS).
The harvest strategy is designed such
that the most recent information would
be used each year in setting the annual
harvest specification. The process is
flexible to incorporate current
information on stock abundance and
harvest and environmental, ecosystem,
and socioeconomic factors (e.g.,
physical and ecosystem changes
associated with climate change).
Similarly, the FMP contemplates
ongoing consideration of relevant
factors (e.g., ecosystem considerations
and climate change) through the
development of SAFE reports (Section
3.2.2.2 of the FMP). The use of the most
recent, best available information in the
SAFE reports allows the Council and
NMFS to respond to changes in stock
condition and environmental,
ecosystem, and socioeconomic factors in
the BSAI and to adjust the harvest
specifications as appropriate, which is
also consistent with National Standard
2 of the Magnuson-Stevens Act to use
the best scientific information available
(16 U.S.C. 1851(a)(2)).
NMFS is committed to supporting
science and research to continue to
improve the process of effective
ecosystem-based management by
refining the existing tools and
developing new tools for incorporating
ecosystem and socioeconomic
information.
As noted in response to Comment 2,
PSC limits and the conditions that affect
the limits are set in regulations, and
changes to those regulations are outside
of the scope of the annual harvest
specification process.
Comment 4: The Alaska Groundfish
Harvest Specifications EIS is outdated
and NMFS must prepare a new or
supplemental EIS on the harvest
specifications. New species listings and
critical habitat designations, climate
change, vessel strikes and disturbance,
entanglement, habitat impacts, prey
competition, bycatch, and plastics
constitute significant new or cumulative
information requiring supplementation.
Response: Groundfish harvests are
managed subject to annual limits on the
retained and discarded amounts of each
species and species group. The ‘‘harvest
strategy’’ is the method used to calculate
these annual limits, referred to as
‘‘harvest specifications,’’ and the
process of establishing them is referred
to as the ‘‘specifications process.’’
NMFS prepared the Alaska Groundfish
Harvest Specifications Final
Environmental Impact Statement (Final
EIS) to analyze the environmental,
social, and economic impacts of
alternative harvest strategies used to
determine the annual harvest
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specifications for the federally managed
groundfish fisheries in the GOA and
BSAI management areas.
The purpose of the harvest strategy is
to: (1) provide for orderly and controlled
commercial fishing for groundfish; (2)
promote sustainable incomes to the
fishing, fish processing, and support
industries; (3) support sustainable
fishing communities; and (4) provide
sustainable flows of fish products to
consumers. The harvest strategy
balances groundfish harvest in the
fishing year with ecosystem needs (e.g.,
non-target fish stocks, marine mammals,
seabirds, and habitat). Importantly, the
harvest strategy and specification
process are designed to use the best
available scientific information
developed each year through the annual
SAFE (including the ESR process) to
calculate the status determination
criteria, assess the status of each stock,
and set the TACs.
In a ROD, NMFS selected one of the
alternative harvest strategies: to set
TACs that fall within the range of ABCs
recommended through the harvest
specifications process that includes
review by the Plan Team and SSC.
NMFS concluded that the preferred
harvest strategy analyzed in the Final
EIS and selected in the ROD 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. 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. NMFS has not
changed the harvest strategy or
specifications process from what was
analyzed in the Final EIS.
Each year the harvest strategy uses the
best scientific information available in
the annual SAFE reports to derive the
annual harvest specifications, which
include TACs and PSC limits. Through
this process, each year, the Council’s
Groundfish Plan Teams use updated
stock assessments to calculate biomass,
OFLs, and ABCs for each species and
species group for specified management
areas. The OFLs and ABCs are
published with the harvest
specifications, and provide the
foundation for the Council and NMFS to
develop the TACs. The OFLs and ABCs
reflect fishery science, applied in light
of the requirements of the FMPs. The
Council bases its TAC recommendations
on those of its AP, which are consistent
with the SSC’s OFL and ABC
recommendations (i.e., the TAC
recommendations cannot exceed the
SSC’s ABC and OFL recommendations).
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The Final EIS evaluates the
consequences of alternative harvest
strategies on ecosystem components and
on the ecosystem as a whole. The Final
EIS evaluates the alternatives for their
effects within the action area. The
environmental consequences of each
alternative were considered for target
species, non-specified species, forage
species, prohibited species, marine
mammals, seabirds, Essential Fish
Habitat, ecosystem relationships, the
economy, and environmental justice.
These considerations were evaluated
based on the conditions as they existed
at the time the Final EIS was developed,
but the Final EIS also anticipated
potential changes in these conditions,
including climate change, could be
incorporated, as appropriate, through
the annual implementation of the
harvest strategy. Each year since 2007
relevant changes (i.e., new information,
changed circumstances, potential
changes to the action) are considered
with the primary purpose of evaluating
the need to supplement the Final EIS.
NEPA implementing regulations at 40
CFR 1502.9(d) instruct agencies to
prepare supplements to either draft or
final environmental impact statements if
there remains a major federal action left
to occur and: (i) the agency makes
substantial changes to the proposed
action that are relevant to
environmental concerns; or (ii) there are
significant new circumstances or
information relevant to environmental
concerns and bearing on the proposed
action or its impacts. Ultimately, an
agency is required ‘‘to take a ‘hard look’
at the new information to assess
whether supplementation might be
necessary.’’ (see Norton v. S. Utah
Wilderness All., 542 U.S. 55, 72–73
(2004)).
A SIR for the Final EIS is prepared
each year to take that ‘‘hard look’’ and
document the evaluation and decision
whether a supplemental EIS (SEIS) is
necessary to implement the annual
groundfish harvest specifications,
consistent with NEPA regulations (see
40 CFR 1502.9(d)) and NOAA’s Policy
and Procedures for Compliance with the
National Environmental Policy Act and
Related Authorities, Companion Manual
for NOAA Administrative Order 216–
6A. The Companion Manual authorizes
the use of a SIR to document a review
of new information or circumstances
and determine the sufficiency of the
existing NEPA analysis for
implementing a component or step of
the action analyzed in that existing
analysis.
The SIR prepared each year for the
annual harvest specifications analyzes
the information contained in the most
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recent SAFE reports and all information
available to NMFS and the Council to
determine whether an SEIS must be
prepared to implement the annual
harvest specifications. The SAFE reports
represent the best scientific information
available for the harvest specifications.
Included in the SAFE reports are the
groundfish stock assessments and any
ESPs, the ESRs, and the Economic
Status Report. To date, no annual SIR to
the Final EIS has concluded that an
SEIS is necessary.
The SIR recognizes the preferred
harvest strategy analyzed in the Final
EIS and selected in the ROD was built
on an annual process to compile and
utilize the most recent, best scientific
information available on species
abundance and condition, harvest and
survey data, environmental and
ecosystem factors, and socio-economic
conditions. The Final EIS contemplates
the annual process includes flexibility
that allows for the implementation of
annual harvest specifications that reflect
new information and changing
circumstances in the context of the
considerations in the Final EIS. NMFS
has determined that the 2024 and 2025
harvest specifications for the BSAI and
GOA are consistent with the preferred
alternative harvest strategy analyzed in
the Harvest Specifications EIS because
they were set through the harvest
specifications process, are within the
optimum yield established for both the
BSAI and the GOA, and do not set TAC
to exceed the ABC for any single species
or species group.
The SIR assesses new information and
circumstances. Based on the SIR, NMFS
concluded that the best available, most
recent information presented on species
abundance and condition,
environmental and ecosystem factors,
and socio-economic conditions and
used to set the 2024 and 2025 harvest
specifications does not represent a
significant change relative to the
environmental impacts of the preferred
harvest strategy analyzed in the Harvest
Specifications EIS.
The Harvest Specifications EIS
identifies reasonably foreseeable future
actions, which inform the analysis in
the SIR regarding new circumstances
and which include catch share
management, traditional fisheries
management tools, ecosystem-sensitive
management, and actions by other
federal, state, and international agencies
and private actions. This section of the
SIR assesses information and
circumstances regarding: (1) bycatch
management of salmon, crab, and
halibut; (2) habitat impacts; (3) seabirds;
and (4) marine mammals, including
Endangered Species Act (ESA) listed
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species like Steller sea lions, humpback
whales, sperm whales, and fin whales,
and unlisted species like northern fur
seals and killer whales. In this
assessment, the SIR relies on the 2023
SAFE reports, other analyses prepared
to support NMFS management actions,
updated catch and bycatch data, and
other best available scientific
information to conclude any new
information and circumstances do not
present a seriously different picture of
the likely environmental harms of the
action to occur—the annual
implementation of the 2024 and 2025
groundfish harvest specifications—
beyond what was considered in the
Harvest Specifications EIS. More details
are provided in the SIR (see ADDRESSES).
Based on the SIR prepared in
conjunction with these harvest
specifications, NMFS determined that
the 2024 and 2025 groundfish harvest
specifications do not constitute a
substantial change in the proposed
action analyzed in the Final EIS and
will not affect the human environment
in a significant manner or to a
significant extent not already
considered in the Harvest Specifications
EIS. Accordingly, supplementation of
the Final EIS is not required for NMFS
to approve and implement the 2024 and
2025 groundfish harvest specifications
of the BSAI and GOA.
Comment 5: NMFS should develop a
programmatic EIS and initiate a NEPA
analysis that includes government-togovernment consultation with Alaska
Native Tribes, or otherwise supplement
the Alaska Groundfish Programmatic
Supplemental Environmental Impact
Statement.
Response: As outlined in response to
Comment 4, NMFS prepared the Alaska
Groundfish Harvest Specifications Final
EIS to analyze alternatives to implement
the FMPs’ harvest strategy and
specifications process, which outlines
the method and process used to
determine the annual harvest
specifications for the federally managed
groundfish fisheries in the GOA and
BSAI management areas. NMFS also
must specify PSC allowances in the
annual harvest specifications. The Final
EIS evaluates the consequences of
alternative harvest strategies on
ecosystem components and on the
ecosystem as a whole, as well as their
effects within the action area.
Ultimately, from the analysis in the
Final EIS, NMFS selected a preferred
harvest strategy that NMFS uses each
year for the specifications process. Each
year, NMFS also evaluates whether
supplementation of that Final EIS is
required, consistent with NEPA
regulations, to implement the harvest
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specifications. Based on the SIR
prepared in conjunction with these
harvest specifications, NMFS
determined that supplementation of the
Alaska Groundfish Harvest
Specifications Final EIS was not
required. NMFS therefore implements
these harvest specifications consistent
with the Alaska Groundfish Harvest
Specifications Final EIS.
Separate from the Final EIS for the
Alaska Groundfish Harvest
Specifications, NMFS and the Council
prepared the Alaska Groundfish
Programmatic Supplemental
Environmental Impact Statement
(PSEIS). The PSEIS evaluated
alternative policies and objectives for
the management of the groundfish
fisheries in the BSAI and GOA. The
action analyzed in the PSEIS is different
from the action analyzed in the Alaska
Groundfish Harvest Specifications Final
EIS, and as explained above NMFS
implements the harvest specifications
consistent with the Final EIS analyzing
that action. In addition to the
preparation of the Harvest
Specifications Final EIS, since the
PSEIS the Council and NMFS have
prepared for FMP amendments and
regulatory changes the appropriate
NEPA analyses to support the
implementation of those specific FMP
or regulatory changes.
Finally, the Council and NMFS are
now considering a new action to revise
the management policies and objectives
for the groundfish fisheries, as well as
for all Council-managed fisheries, off
Alaska. The Council requested that
NMFS initiate the development of a
Programmatic EIS to analyze
alternatives for the revisions of policies,
objectives, and goals for all Councilmanaged fisheries in June of 2023. At its
February 2024 meeting, the Council
addressed the process for the
development of a new Programmatic EIS
to evaluate its action alternatives for
management policies and objectives for
fisheries off Alaska. Based on a motion
passed at the meeting, in 2024 through
early 2025 the Council and NMFS will
gather input from Alaska Native Tribes
and stakeholders to inform the direction
and structure of alternatives analyzed
under a Programmatic EIS, and NMFS
will begin the NEPA scoping process.
There will be multiple public meetings,
in addition to Council-hosted
workshops, to support the development
and analysis of alternatives, and NMFS
will work with Alaska Native Tribes to
ensure meaningful and timely
government-to-government consultation
consistent with Executive Order 13175
and NOAA Procedures for Governmentto-Government Consultation with
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Federally Recognized Indian Tribal
Governments.
Comment 6: NMFS must account for
climate change in its decision-making.
Response: Climate change is
accounted for in NMFS’s decisionmaking on the annual implementation
of the harvest specifications, consistent
with the harvest strategy in the FMP and
analyzed in the Final EIS. The Final EIS
analyzed alternatives for an
implementing framework for the BSAI
and GOA harvest strategy and evaluated
the potential effects of those alternatives
on the human environment (see
response to Comment 4). The Final EIS
examined existing physical and
oceanographic conditions in the BSAI
and GOA, and addressed climate and
ecological regime shifts, warming and
loss of sea ice, and acidification (see
Chapter 3.5 of the Final EIS), as well as
systemic ecosystem impacts (see
Chapter 11 of the Final EIS).
Moreover, the framework process for
the preferred harvest strategy under the
Final EIS allows for the effects of
climate change to be considered in the
annual process for setting the harvest
specifications. As addressed in response
to Comment 3, the annual ESR is part
of the SAFE reports that the Council and
its Plan Teams, SSC, and AP annually
review prior to the review of the stock
assessments and advancing
recommendations to NMFS for the
annual OFLs, ABCs, and TACs. The
purpose of the ESRs is to provide the
Council, scientific community, and the
public, as well as NMFS, with annual
information about ecosystem status and
trends, and they include physical
oceanography, biological data, and
socio-ecological dimensions, primarily
collected from AFSC surveys with
collaboration from a range of
government and non-government
partners. The ESRs provide the
scientific review body (the SSC) with
context for the annual biological
reference points (OFLs and ABCs), and
for the Council’s final TAC
recommendations for groundfish, which
are constrained by those biological
reference points. Information from the
ESRs are also integrated into the annual
harvest recommendations through
inclusion in stock assessment-specific
risk tables. There are many examples of
climate change considerations presented
in the ESR, including: (1) physical
indicators and oceanographic metrics of
climate change (e.g., sea surface and
bottom temperatures and sea-ice and
cold pool extents); (2) impacts from
oceanographic changes (e.g., changes in
sea ice and cold pool extents resulting
in distributional shifts (northward) in
stocks); (3) climate-driven changes to
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metabolic demands and foraging
conditions tied to declining conditions
for groundfish during recent marine
heatwaves; (4) impacts of anomalously
warm conditions in the marine and river
environments on juveniles and adults of
certain salmon stocks; and (5) emerging
stressors like ocean acidification and
implications for species (e.g., crab).
In some instances, the Plan Teams
and SSC have recommended ABC
reductions based on climate change
considerations. As explained in
response to Comment 3, stock
assessments use a stock-assessment
specific risk table that is applied by
evaluating the severity of four types of
considerations (i.e., assessment-related,
population dynamics, environmental/
ecosystem, and fishery performance)
that could be used to support a
scientific recommendation to reduce the
ABC. As one environmental/ecosystem
consideration, scientists noted that
multiple indicators of primary and
secondary productivity show adverse
signals borne out in continued declining
trends in juvenile and adult fish
condition. That consideration warranted
an increased level concern under the
risk table. These risk tables are now
prepared as part of the stock assessment
process for groundfish stocks and help
inform the setting of ABC (which in turn
informs the setting of TAC).
Finally, the FMP indicated that the
ongoing consideration of factors like
climate change would be addressed
annually in the SAFE reports (see
Sections 3.2.2.2 and 3.2.3.1.2 of the
FMP), as is currently the case with the
both individual stock assessments and
the ESRs. As a result, the annual harvest
specifications process, which
implements the preferred harvest
strategy under the Final EIS, allows for
the consideration of the best scientific
information available on climate change
(16 U.S.C. 1851(a)(2)).
Comment 7: The BSAI groundfish
specifications are based upon a rigorous
public process that includes the best
available science when setting OFLs,
ABCs and TACs, including climatic,
ecosystem, and socioeconomic data and
analyses. This process combined with
statutorily mandated limits results in a
very conservative and precautionary
final result.
Response: NMFS agrees with this
comment. For more details on the
groundfish harvest specifications
process, see responses to Comments 2–
4. As noted by the commenter, the
process is driven by statutory and
regulatory requirements. The
Magnuson-Stevens Act directs that the
Council’s recommended annual catch
limits (ACL) cannot ‘‘exceed the fishing
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level recommendations of its [SSC]’’ (16
U.S.C. 1852(h)(6)). NMFS has
interpreted ‘‘fishing level
recommendation’’ to be the ABC
recommendation from the SSC (50 CFR
600.310(b)(2)(v)(D)). This ensures that
the ACL does not exceed the ABC
developed by the SSC. Under the FMP,
the ACL is equal to the ABC, and the
annual TAC specified for each stock
must be lower than or equal to the ABC
(see Sections 3.2.3.3.2 and 3.2.3.4 of the
FMP). This is in accord with National
Standard 1 and regulations that the TAC
cannot exceed the ABC/annual catch
limit (see 50 CFR 600.310(g)(4)), and
ABC must be set equal to or less than
OFL (see § 600.310(f)(3) and (4)). The
SSC recommends for each species and
species group an OFL and an ABC.
NMFS specifies TAC after consultation
with the Council, and annual
determinations of TAC are based on
review of both the biological condition
of the specific species or species group
and socioeconomic considerations (see
§ 679.20(a)(2)-(3)).
Comment 8: The age three plus
pollock biomass is estimated to be over
ten million tons. The commenter
supports the 2024 EBS pollock TAC of
1.3 million metric tons, even though the
OFL and ABC could support a much
higher TAC.
Response: NMFS agrees. Consistent
with the National Standard 1 guidelines,
NMFS may implement a TAC up to the
ABC (for 2024, the Bering Sea pollock
final ABC is 2,313,000 mt and the final
TAC is 1,300,000 mt, a reduction in
forty four percent from the ABC). In the
BSAI, however, the sum of all TACs
well exceed the sum of all ABCs (for
2024, the sum of final ABCs is
3,476,800, and final TACs is 2,000,000
mt, a reduction in forty two percent). As
a result, TACs for pollock and other
species are set often lower than ABC to
ensure the sum of all TACs falls within
the OY range (see § 679.20(a)(1)(i)(A)
and 679.20(a)(2)). While there is
precaution built into the specification of
each ABC (representing scientific
uncertainty) and TAC (representing
management uncertainty) for a species
or species group, the OY range is
constraining and therefore
precautionary across the ecosystem in
the BSAI by reducing fishery removals
and therefore also reducing impacts to
the ecosystem.
Comment 9: The impacts of the
pollock fishery on ecosystem impacts
have been thoroughly examined. The
harvest is well within historical norms.
There is a regular essential Fish Habitat
review process associated with this
fishery. Using the best available science,
the estimated habitat disturbance
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estimates have declined and remain
around 5 percent for the EBS and
around 1 percent for the AI.
Response: NMFS agrees. The impacts
of the pollock fishery have been
examined in various documents,
including in the annual SAFE report
chapters for pollock and in several
NEPA documents supporting FMP
amendments and regulatory changes
(see response to Comment 11). Each
year’s TAC amount for pollock is
informed by a significant amount of
data, modeling, and research. This
includes annual surveys, updated catch
information, weight and age data,
updated statistical modeling, and risks
that may fall outside of the stock
estimation process (see response to
Comment 3 explaining reduction in
2024 pollock ABC to account for
elevated concern regarding
environmental/ecosystem
considerations). Information on habitat
disturbance has been evaluated in the
Essential Fish Habitat 5-Year Reviews
and information can be found at https://
www.fisheries.noaa.gov/alaska/habitatconservation/essential-fish-habitat-efhalaska. Any changes to management of
the trawl fisheries to address habitat
disturbance, however, are outside the
scope of this final rule, which
implements catch limits for the
groundfish fisheries in the BSAI.
Comment 10: Unchanged EBS pollock
TAC relative to 2023 should not be
expected to measurably increase or
decrease salmon escapement to western
Alaska. Salmon catches and runs have
fluctuated greatly in recent years, while
pollock catch has remained stable.
Under the IPAs, the estimated average
annual number of bycatch Chinook
salmon that would have returned to
western Alaska is 7,705 and less than
two percent of the coastal western
Alaska run size from 2011 through 2020.
The bycatch of chum salmon in the
pollock fishery is estimated to be less
than one percent of the coastal western
Alaska run size and the majority of the
catch is estimated to be from hatchery
fish originating from Asia. Increase in
chum salmon bycatch is more closely
related to increased bottom temperature
and increased Asian hatchery
production than it is to pollock
allocation.
Response: NMFS agrees that the best
science available suggests that climate
change rather than the pollock fishery is
the primary driver of declines in salmon
run returns to western Alaska. While
salmon bycatch in the pollock fishery
may be a contributing factor in the
decline of salmon, NMFS expects the
numbers of the ocean bycatch that
would have returned to western Alaska
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would be relatively small due to ocean
mortality and the large number of other
river systems contributing to the total
Chinook or chum salmon bycatch.
For Chinook salmon, total bycatch in
the Bering Sea pollock fishery is
reported annually, and includes bycatch
of salmon from stocks across Alaska, the
Pacific Northwest, and other countries
like Russia. NMFS, Council, and State
scientists regularly prepare adult
equivalence (AEQ) analyses of Chinook
salmon that estimate the number of
Chinook salmon that would have
returned to river systems had they not
been caught as bycatch in the Bering Sea
pollock fishery. For 2021, the estimate
of bycaught salmon that would have
returned to western Alaska is 8,610 fish,
with an average of 7,705 fish from 2011
through 2020. Considering run sizes for
salmon returns to western Alaska,
scientists also calculate the ‘‘impact
rate.’’ Using this impact rate, the
bycatch expected to have returned to
western Alaska rivers is less than 2
percent per year since 2011, as reported
in the 2023 EBS pollock SAFE report.
Information on the bycatch of salmon in
the BSAI groundfish fisheries, including
the pollock fisheries, can be found at
https://www.npfmc.org/fisheries-issues/
bycatch/salmon-bycatch/. For more
information on NMFS’s management of
bycatch in the BS and AI pollock
fisheries, see the response to Comment
2.
For chum salmon, total bycatch in the
Bering Sea pollock fishery is reported
annually and includes bycatch of
salmon from stocks across Alaska, the
Pacific Northwest, and Asia. NMFS,
Council, and State scientists analyze
genetic stock compositions of chum
salmon samples collected from the PSC
in the Bering Sea pollock fishery.
Scientists are able to estimate the
number of chum salmon bycaught in the
Bering Sea pollock fishery that originate
from western Alaska (in 2022, 21
percent); however, NMFS does not have
an AEQ analysis for chum salmon
equivalent to the analysis for Chinook
salmon. At the Council’s March 2023
Salmon Bycatch Committee meeting, the
most recent 2022 genetic data indicates
that only 21 percent of chum bycatch is
of western Alaska origin, while the
largest component is from Asian
hatchery stocks. NMFS also notes that
the increase in Asian chum hatchery
fish is a potential concern for the North
Pacific ecosystem and is a topic
warranting further research.
Comment 11: The TAC for pollock
should reflect the true environmental
cost of trawling.
Response: The SAFE report chapter
for EBS pollock evaluates annually the
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EBS pollock fishery’s effects on the
ecosystem, as well as ecosystem effects
on the EBS pollock stock (see sections
titled ‘‘Ecosystem effects on the EBS
pollock stock’’ and ‘‘EBS pollock fishery
effects on the ecosystem’’ at https://
www.npfmc.org/wp-content/
PDFdocuments/SAFE/2023/
EBSpollock.pdf). The most recent full/
operational assessment for AI pollock
similarly includes an evaluation of the
AI pollock fishery’s effects on the
ecosystem, as well as ecosystem effects
on AI pollock and a broad overview of
ecosystem considerations at https://
apps-afsc.fisheries.noaa.gov/Plan_
Team/2022/AIpollock.pdf. In addition,
ecosystem considerations, as well as the
impact on communities and
incidentally caught species, are
considered and updated annually in the
ESRs and ESPs. The Final EIS
supporting the harvest specifications
also evaluated environmental and
ecosystem considerations, and the
environmental impacts of the pollock
fishery have been analyzed in a number
of subsequent NEPA documents,
including the Environmental Impact
Statement for Amendment 91 to the
FMP and the Environmental Assessment
for Amendment 110 to the FMP.
Comment 12: NMFS should reduce
catch to 1 million mt to account for
ecosystem impacts from harvest.
Response: The FMP and
implementing regulations direct that the
sum of the TACs specified for the BSAI
‘‘must be within the OY range
specified’’ in regulation, which for the
BSAI is 1.4 to 2.0 million mt (see
§ 679.20(a)(1)(i)(A) and (a)(2)). NMFS
cannot reduce TAC in the BSAI to 1
million mt consistent with the FMP and
implementing regulations. NMFS
previously set, and the Council
previously recommended, the OY as a
range of 1.4 to 2.0 million mt. This OY
is set forth in the FMP and in regulation,
and is based on the sum of all TACs.
NMFS has therefore determined that, in
any given year, setting the TACs to fall
within that range provides the greatest
overall benefit to the Nation,
particularly with respect to food
production and recreational
opportunities and taking into account
the protection of marine ecosystems and
relevant economic, social, or ecological
factors (see § 600.310(e)(3)).
Here, NMFS concurs with the
Council’s recommendation that TACs
fall within the upper bound (i.e., 2.0
million mt). Setting TACs to meet the
upper bound of the OY range of 2.0
million mt, while also recognizing that
total TACs represent a 42 percent
reduction below total ABCs, balances
relevant National Standard 1
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considerations. Setting TACs at the
higher bound of the OY will provide the
greatest benefit for the Nation based on
the benefits of maintaining viable
groundfish fisheries and contributions
to regional and local economies. That
total groundfish TAC is 42 percent
below total ABC recognizes the benefits
that flow from that reduction, such as
protections afforded to marine
ecosystems, forage for ecosystem
components, and other ecological
factors (see § 600.310(e)(3)(iii)(A)–(B)).
For 2024 and 2025, NMFS has specified
TACs to sum to the upper end of the OY
range, which NMFS has determined is
consistent with the National Standard 1,
the FMP, and the harvest strategy
analyzed in the Final EIS.
Comment 13: To be in compliance
with Section 7 and Section 9 of the ESA,
NMFS must analyze impacts of the
groundfish trawl fisheries under the
ESA through Section 7 consultations
and must reinitiate consultation on the
groundfish trawl fisheries to consider
new species listings and critical habitat
designations, climate change, vessel
strikes and disturbance, entanglement,
habitat impacts, prey competition,
bycatch, and plastics.
Response: NMFS approves and
implements the harvest specifications if
they are consistent with the MagnusonStevens Act and other applicable law,
including the ESA. NMFS has
determined that these final 2024 and
2025 harvest specifications for the BSAI
are consistent with the ESA. NMFS has
evaluated the impacts of the BSAI
groundfish fishery on ESA-listed species
and designated critical habitat in a
number of consultations. These
consultations are on the groundfish
fishery managed under the BSAI FMP
and are not specific to certain gear types
(e.g., trawl or fixed gear). The biological
opinions are publicly available at
https://www.fisheries.noaa.gov/alaska/
consultations/section-7-biologicalopinions-issued-alaska-region#fisheries.
NMFS agrees that reinitiation of ESA
Section 7 consultation is required, and
indeed NMFS has already reinitiated
consultation. In November 2022, NMFS
reinitiated consultation on both the
BSAI groundfish fishery and the GOA
groundfish fishery in light of
information indicating that reinitiation
under 50 CFR 402.16 was required,
including revised species designations
(i.e., for listed humpback whales) and
new critical habitat designations. In
light of the extensive scope of the
actions under consultation, NMFS
agreed to extend the timeframes to
complete the consultations, in
accordance with 50 CFR 402.14(e).
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When NMFS reinitiated consultation
in November 2022, NMFS determined
that the operation of the groundfish
fisheries off Alaska (BSAI and GOA)
during the anticipated reinitiation
period would not violate ESA sections
7(a)(2) and 7(d). In implementing these
harvest specifications, NMFS
determined that the operation of the
groundfish fisheries off Alaska (BSAI
and GOA) under the final 2024 and
2025 harvest specifications would not
violate ESA sections 7(a)(2) and 7(d).
NMFS recognizes the agency’s
obligation to ensure the actions over a
longer term are not likely to jeopardize
the continued existence of listed species
or result in the destruction or adverse
modification of designated critical
habitat as a jeopardy or adverse
modification/destruction determination
commensurate with the temporal scope
of the action is appropriately made only
in a biological opinion.
Section 7(d) of the ESA prohibits
Federal agencies from making any
irreversible or irretrievable commitment
of resources with respect to the agency
action that would have the effect of
foreclosing the formulation or
implementation of any reasonable and
prudent alternatives at the conclusion of
the consultation. This prohibition is in
force until the requirements of section
7(a)(2) have been satisfied. Resource
commitments may occur as long as the
action agency retains sufficient
discretion and flexibility to modify its
action to allow formulation and
implementation of appropriate
reasonable and prudent alternatives.
NMFS has discretion to amend its
Magnuson-Stevens Act and ESA
regulations and may do so at any time
subject to the Administrative Procedure
Act and other applicable laws. At the
conclusion of ESA section 7
consultation on the BSAI groundfish
fishery, NMFS will retain sufficient
discretion and flexibility to evaluate and
make necessary changes to fishery
regulations and management plans for
the formulation and implementation of
appropriate reasonable and prudent
alternatives, if required to do so under
the ESA.
During the consultation, existing
regulatory measures that offer protection
to listed species, including Steller sea
lion protection measures and humpback
whale approach regulations, will
continue to be in effect, and NMFS will
continue to implement the reasonable
and prudent measures and terms and
conditions necessary or appropriate to
minimize the amount or extent of
incidental take. NMFS has and will
continue to monitor take in the
groundfish fisheries consistent with the
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terms and conditions of the biological
opinions. NMFS also has authority
under 50 CFR part 679 to implement
annual SSL protection measures, such
as the harvest limitations implemented
through the annual groundfish harvest
specifications, and to close directed
fishing for pollock, Pacific cod, and
Atka mackerel if a biological assessment
indicates the stock condition for that
species is at or below 20 percent of its
unfished spawning biomass during a
fishing year (see § 679.20(d)(4)).
In consulting on the BSAI and GOA
groundfish fisheries and preparing new
biological opinions and incidental take
statements, NMFS will incorporate the
most recent, best scientific and
commercial data available, including
information relating to climate change,
to assess effects from the groundfish
fisheries, such as vessel strikes and
disturbance, entanglement, prey
competition, and habitat impacts.
Comment 14: NMFS must ensure
compliance with the MMPA for the
BSAI groundfish trawl fisheries that
incidentally take ESA-listed species and
must consider those species and stocks
with human-caused mortality and
seriously injury at levels at or
approaching potential biological
removal (PBR) or for those whose PBR
is unknown.
Response: NMFS approves and
implements the harvest specifications if
they are consistent with the MagnusonStevens Act and other applicable law,
including the MMPA. NMFS has
determined that these final 2024 and
2025 harvest specifications are
consistent with the MMPA. The BSAI
(and GOA) groundfish fisheries
identified as a Category I or II fishery
that interact with ESA-listed species
have a valid MMPA section 101(a)(5)(E)
permit (86 FR 24384, May 6, 2021) and
include the AK Bering Sea, Aleutian
Islands flatfish trawl fishery and the AK
Bering Sea, Aleutian Islands pollock
trawl fishery.
Pursuant to Section 101(a)(5)(E) of the
MMPA, NMFS shall allow taking of
ESA-listed marine mammals incidental
to commercial fishing operations if
NMFS makes a number of
determinations regarding negligible
impact, recovery plans, and where
required take reductions plans,
monitoring programs, and vessel
registration (16 U.S.C. 1371(a)(5)(E)). In
May 2021, NMFS issued permits for the
two BSAI groundfish fisheries that
require MMPA permits for the
incidental take of ESA-listed species (86
FR 24384, May 6, 2021). NMFS
determined that the issuance of those
permits complied with the MMPA and
implementing regulations regarding the
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negligible impact determination,
recovery plans, take reductions plans,
monitoring programs, and vessel
registration (86 FR 24384). The permits
expire in May 2024, and NMFS is in the
process of evaluating the required
determinations for the re-issuance of the
Section 101(a)(5)(E) permits for the two
Category II groundfish fisheries in the
BSAI (i.e., the pollock trawl and flatfish
trawl (Amendment 80 sector)).
NMFS regularly updates marine
mammal stock assessments and reports
of human-caused mortalities and serious
injuries of marine mammals. The longterm goal under the MMPA is to reduce
the level of mortality and serious injury
of marine mammals to insignificance
levels (see 16 U.S.C. 1387(b)), which is
defined as 10 percent of the stocks’ PBR
(50 CFR 229.2). PBR is defined as the
maximum number of animals, not
including natural mortalities, that may
be removed from a marine mammal
stock while allowing that stock to reach
or maintain its optimum sustainable
population (50 CFR 229.2). Based on the
best scientific information available, the
level of mortality and serious injury (M/
SI) of ESA-listed stocks that interact
with the two Category II groundfish
fisheries in the BSAI is currently below
10 percent of those stocks’ PBR. PBR
and incidental M/SI for each ESA-listed
stock with M/SI in the AK Bering Sea,
Aleutian Islands flatfish trawl fishery
are as follows:
• Bearded seal, Beringia—PBR =
8,210, M/SI = 1.2, M/SI as percent of the
stock’s PBR = 0.01 percent
• Humpback whale, Western North
Pacific—PBR = 0.2, M/SI = 0, M/SI as
percent of stock’s PBR = 0 percent
• Ringed seal, Arctic—PBR = 4,755,
M/SI = 4.6, M/SI as percent of the
stock’s PBR = 0.097 percent, and
• Steller sea lion, Western U.S—PBR
= 299, M/SI = 13, M/SI as percent of the
stock’s PBR = 4.3 percent.
PBR and incidental M/SI for each
ESA-listed stock with M/SI in the AK
Bering Sea, Aleutian Islands pollock
trawl fishery are as follows:
• Bearded seal, Beringia—PBR =
8,210, M/SI = 0.6, M/SI as percent of the
stock’s PBR = 0.007 percent
• Humpback whale, Mexico-North
Pacific—PBR is undetermined, M/SI =
0.03
• Humpback whale, Western North
Pacific—PBR = 0.2, M/SI = 0.008, M/SI
as percent of stock’s PBR = 4 percent
• Ringed seal, Arctic—PBR = 4,755,
M/SI = 0.2, M/SI as percent of the
stock’s PBR = 0.004 percent, and
• Steller sea lion, Western U.S—PBR
= 299, M/SI = 6.8, M/SI as percent of the
stock’s PBR = 2.2 percent.
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Further details on the proposed
issuance of the Section 101(a)(5)(E)
permits for the two Category II
groundfish fisheries in the BSAI will be
available in a proposed notice published
in the Federal Register separate from
the harvest specifications process.
Based on the best scientific
information available, the level of M/SI
of other strategic stocks that interact
with the two Category II groundfish
fisheries in the BSAI is below 10
percent of those stocks’ PBR. PBR and
incidental M/SI for each strategic stock
(unlisted) with M/SI in the AK Bering
Sea, Aleutian Islands flatfish trawl
fishery are as follows:
• Northern fur seal, Eastern Pacific—
PBR =11,403, M/SI = 2.7, M/SI as
percent of the stock’s PBR = 0.02
percent.
Comment 15: NMFS must reevaluate
the stock structure for the Eastern North
Pacific Alaska Resident Stock of killer
whales.
Response: This is outside of the scope
of this final rule to implement the
groundfish harvest specifications for the
BSAI. NMFS notes that it currently
intends to initiate by January 2025 a
review of available information about
whether there are multiple
demographically independent
populations of killer whales within the
currently-defined Eastern North Pacific
Alaska resident killer whale stock. The
Eastern North Pacific Alaska resident
killer whale stock, as currently defined,
includes resident killer whales in
Southeast Alaska, the Gulf of Alaska,
the Aleutian Islands, and the Bering
Sea. This evaluation would involve
experts from NMFS’s Alaska,
Northwest, and Southwest Fisheries
Science Centers. Should the agency find
that there are demographically
independent populations of killer
whales and subsequently decide to
describe new stocks of killer whales in
Alaska, that would be accomplished
through the development of new draft
stock assessment reports. These would
be made available for public review and
comment separate from the harvest
specifications process.
Comment 16: NMFS must ensure
there are mitigation measures in place
for killer whales and other non-ESA
listed marine mammals that interact
with the fisheries.
Response: This is outside of the scope
of this final rule to implement the
groundfish harvest specifications for the
BSAI. As noted in response to Comment
14, NMFS has determined that these
final 2024 and 2025 harvest
specifications for the BSAI are
consistent with the requirements of the
MMPA. NMFS is concerned about the
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higher than normal number of killer
whale incidental catches in the BSAI
trawl fisheries in 2023. NMFS continues
to investigate and prepare updated
analyses on killer whales stocks,
including through NMFS’s marine
mammal stock assessment reports and
reports of human-caused mortalities and
serious injuries of marine mammals.
NMFS also recently released a new
technical memorandum, Killer Whale
Entanglements in Alaska: Summary
Report 1991–2022. More information is
available at the following websites:
https://www.fisheries.noaa.gov/featurestory/cause-death-determined-11-killerwhales-incidentally-caught-fishing-gearalaska-2023 and https://
www.fisheries.noaa.gov/resource/
document/killer-whale-entanglementsalaska.
Comment 17: Under the MagnusonStevens Act, NMFS can only approve a
plan, a plan amendment, harvest
specifications, or allow other fishing
activity to occur or continue pursuant to
permits if such actions do not violate
other applicable laws, like NEPA, ESA,
and MMPA.
Response: As addressed in the
Classification section (below) and the
response to Comments, NMFS has
determined that implementing the 2024
and 2025 groundfish harvest
specifications for the BSAI is consistent
with the Magnuson-Stevens Act, the
FMP, and other applicable laws. As
explained in responses to Comments 4–
5, 13, and 14, NMFS has determined
that this final rule is consistent with
NEPA, ESA, and MMPA. In addition,
this final rule specifies the OFL, ABC,
and TAC for target species in the BSAI.
Any FMP amendments, regulations, and
permitting alluded to in the comment
are outside the scope of this final rule
implementing the harvest specifications
for the BSAI.
Changes to the Final Rule
NMFS undertook a thorough review
of the relevant comments received
during the public comment period.
However, for reasons described in the
preceding section, no changes to the
final rule were made in response to any
of the comments received.
After incorporating new or updated
fishery and survey data, considering
Council recommendations and the 2023
SAFE reports, and accounting for State
harvest levels, NMFS has made several
updates from the proposed rule. TACs
were adjusted based on the final ABCs
and, in general, TACs for species with
higher economical value increasing and
TACs with lower economic value
decreasing. The increase in Pacific cod
TAC in the BS is an example of this. A
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detailed description of many of these
changes can be found above (see
‘‘Changes from the Proposed 2024 and
2025 Harvest Specifications for the
BSAI’’) The TAC changes are also
summarized in table 1a. The changes to
TACs between the proposed and final
harvest specifications are based on the
most recent scientific, biological,
ecosystem, and socioeconomic
information and are consistent with the
FMP, regulatory obligations (including
the required OY range of 1.4 million to
2.0 million mt), and the harvest strategy.
Classification
NMFS is issuing this final rule
pursuant to section 305(d) of the
Magnuson-Stevens Act. Through
previous actions, the FMP and
regulations are designed to authorize
NMFS to take this action (see 50 CFR
part 679). The NMFS Assistant
Administrator has determined that the
final harvest specifications 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 because it
only implements annual catch limits in
the BSAI.
NMFS prepared an EIS for the Alaska
groundfish harvest specifications and
alternative harvest strategies (see
ADDRESSES) and made it available to the
public on January 12, 2007 (72 FR
1512). On February 13, 2007, NMFS
issued the Record of Decision (ROD) for
the Final EIS identifying the selected
alternative (Alternative 2). NMFS
prepared a Supplementary Information
Report (SIR) for this action to provide a
subsequent assessment of the action and
to address the need to prepare a
Supplemental EIS (SEIS) (40 CFR
1501.11(b) 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 the groundfish harvest
specifications and alternative harvest
strategies on resources in the action
area. Based on the analysis in the Final
EIS, NMFS concluded that the preferred
alternative (Alternative 2) provides the
best balance among relevant
environmental, social, and economic
considerations and allows for continued
management of the groundfish fisheries
based on the most recent, best scientific
information. The preferred alternative is
a harvest strategy in which TACs are set
at a level within the range of ABCs
recommended through the Council
harvest specifications process by the
Council’s SSC. The sum of the TACs
also must achieve the OY specified in
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the FMP and regulations. While the
specific numbers that the harvest
strategy produces may vary from year to
year, the methodology used for the
preferred harvest strategy remains
constant.
The latest annual SIR evaluated the
need to prepare an SEIS for the 2024
and 2025 groundfish harvest
specifications. A SEIS must be prepared
if a major federal action remains to
occur and: (1) the agency makes
substantial changes to the proposed
action that are relevant to
environmental concerns; or (2)
significant new circumstances or
information exist relevant to
environmental concerns and bearing on
the proposed action or its impacts (see
§ 1502.9(d)(1)). After reviewing the most
recent, best available information,
including the information contained in
the SIR and SAFE report, the Regional
Administrator has determined that: (1)
the 2024 and 2025 harvest
specifications, which were set according
to the preferred harvest strategy, do not
constitute a substantial change in the
action; and (2) the information
presented does not indicate that there
are significant new circumstances or
information relevant to environmental
concerns and bearing on the proposed
action or its impacts. Any new
information and circumstances do not
present a seriously different picture of
the likely environmental harms of the
action to occur—the implementation of
these harvest specifications—beyond
what was considered in the Final EIS,
and the 2024 and 2025 harvest
specifications will result in
environmental, social, and economic
impacts within the scope of those
analyzed and disclosed in the Final EIS.
Therefore, a SEIS is not necessary to
implement the 2024 and 2025 harvest
specifications.
A final regulatory flexibility analysis
(FRFA) was prepared. Section 604 of the
Regulatory Flexibility Act (RFA) (5
U.S.C. 604) requires that, when an
agency promulgates a final rule under 5
U.S.C. 553, after being required by that
section or any other law, to publish a
general notice of proposed rulemaking,
the agency shall prepare a FRFA. The
following constitutes the FRFA
prepared for these final 2024 and 2025
harvest specifications.
Section 604 of the RFA describes the
required contents of a FRFA: (1) a
statement of the need for, and objectives
of, the rule; (2) a statement of the
significant issues raised by the public
comments in response to the initial
regulatory flexibility analysis, a
statement of the assessment of the
agency of such issues, and a statement
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of any changes made in the proposed
rule as a result of such comments; (3)
the response of the agency to any
comments filed by the Chief Counsel for
Advocacy of the Small Business
Administration in response to the
proposed rule, and a detailed statement
of any change made to the proposed rule
in the final rule as a result of the
comments; (4) a description of and an
estimate of the number of small entities
to which the rule will apply or an
explanation of why no such estimate is
available; (5) a description of the
projected reporting, recordkeeping, and
other compliance requirements of the
rule, including an estimate of the classes
of small entities which will be subject
to the requirement and the type of
professional skills necessary for
preparation of the report or record; and
(6) a description of the steps the agency
has taken to minimize the significant
economic impact on small entities
consistent with the stated objectives of
applicable statutes, including a
statement of the factual, policy, and
legal reasons for selecting the alternative
adopted in the final rule and why each
one of the other significant alternatives
to the rule considered by the agency that
affect the impact on small entities was
rejected.
A description of this action, its
purpose, and its legal basis are included
at the beginning of the preamble to this
final rule and are not repeated here.
NMFS published the proposed rule on
December 5, 2023 (88 FR 84278). NMFS
prepared an Initial Regulatory
Flexibility Analysis (IRFA) to
accompany the proposed action, and
included the IRFA in the proposed rule.
The comment period closed on January
4, 2024. No comments were received on
the IRFA or on the economic impacts of
the rule more generally. The Chief
Counsel for Advocacy of the Small
Business Administration did not file
any comments on the proposed rule.
The entities directly regulated by this
action are those that harvest groundfish
in the exclusive economic zone of the
BSAI and in parallel fisheries within
State waters. These include entities
operating CVs and CPs within the action
area and entities receiving direct
allocations of groundfish.
For RFA purposes only, NMFS has
established a small business size
standard for businesses, including their
affiliates, whose primary industry is
commercial fishing (see 50 CFR 200.2).
A business primarily engaged in
commercial fishing (NAICS code 11411)
is classified as a small business if it is
independently owned and operated, is
not dominant in its field of operation
(including its affiliates), and has
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combined annual gross receipts not in
excess of $11 million for all its affiliated
operations worldwide.
Using the most recent data available
(2022), the estimated number of directly
regulated small entities includes
approximately 130 CVs, 2 CPs, 6 CDQ
groups, and three motherships. Some of
these vessels are members of AFA
inshore pollock cooperatives, Gulf of
Alaska rockfish cooperatives, or BSAI
Crab Rationalization Program
cooperatives, and, since under the RFA,
the aggregate gross receipts of all
participating members of the
cooperative must meet the ‘‘under $11
million’’ threshold, the cooperatives are
considered to be large entities within
the meaning of the RFA. Thus, the
estimate of 130 CVs may be an
overstatement of the number of small
entities. 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.
This final rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
This action implements the final 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 final harvest
specifications is governed by the
Council and NMFS’s harvest strategy for
the catch of groundfish in the BSAI. The
harvest strategy was previously selected
from among five alternatives. Under this
preferred alternative harvest strategy,
TACs are set within the range of ABCs
recommended through the Council
harvest specifications process by the
SSC, and while the specific TAC
numbers that the harvest strategy
produces may vary from year to year,
the methodology used for the preferred
harvest strategy remains constant. The
sum of the TACs must achieve the OY
specified in the FMP and regulations.
This final action implements the
preferred alternative harvest strategy
previously chosen by the Council and
NMFS to set TACs that fall within the
range of ABCs recommended through
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the Council harvest specifications
process and as recommended by the
Council. This is the method for
determining TACs that has been used in
the past.
The final 2024 and 2025 TACs
associated with the preferred harvest
strategy are those recommended by the
Council in December 2023. OFLs and
ABCs for each species and species group
were based on recommendations
prepared by the Council’s Plan Team,
and reviewed by the Council’s SSC. The
Council’s TAC recommendations are
consistent with the SSC’s OFL and ABC
recommendations, and the sum of all
TACs remains within the OY for the
BSAI consistent with
§ 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 and
species groups are lower than the ABCs
recommended by the Plan Team and the
SSC.
The final 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 final
2024 and 2025 TACs are based on the
best available biological and
socioeconomic information. The final
2024 and 2025 OFLs, ABCs, and TACs
are consistent with the biological
condition of groundfish stocks as
described in the 2023 SAFE report,
which is the most recent, completed
SAFE report, as well as the ecosystem
and socioeconomic information
presented in the 2023 SAFE report
(including the BS ESR and AI ESR).
Accounting for the most recent
information to set the final OFLs, ABCs,
and TACs is consistent with the
objectives for this action, as well as
National Standard 2 of the MagnusonStevens Act (16 U.S.C. 1851(a)(2)) that
actions shall be based on the best
scientific information available.
Under this action, the ABCs reflect
harvest amounts that are less than the
specified overfishing levels. The TACs
are within the range of ABCs
recommended by the SSC and do not
exceed the biological limits
recommended by the SSC (the ABCs
and OFLs). For some species and
species groups in the BSAI, the Council
recommended, and NMFS sets, TACs
equal to ABCs, which is intended to
maximize harvest opportunities in the
BSAI. However, NMFS cannot set TACs
for all species in the BSAI equal to their
ABCs due to the constraining OY limit
of 2 million mt. For this reason, some
final TACs are less than the final ABCs.
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These specific reductions were
reviewed and recommended by the
Council’s AP, and then reviewed and
adopted by the Council as the Council’s
recommended final 2024 and 2025
TACs.
Based on the best available scientific
data, and in consideration of the
Council’s objectives for this action,
there are no significant alternatives that
have the potential to accomplish the
stated objectives of the MagnusonStevens Act and any other applicable
statutes and that have the potential to
minimize any significant adverse
economic impact of the final rule on
small entities. This action is
economically beneficial to entities
operating in the BSAI, including small
entities. The action specifies TACs for
commercially-valuable species in the
BSAI and allows for the continued
prosecution of the fishery, thereby
creating the opportunity for fishery
revenue. After public process, during
which the Council and NMFS solicited
input from stakeholders, the Council
concluded and NMFS determines that
these final harvest specifications would
best accomplish the stated objectives
articulated in the preamble for this final
rule and in applicable statutes, and
would minimize to the extent
practicable adverse economic impacts
on the universe of directly regulated
small entities.
Pursuant to 5 U.S.C. 553(d)(3), the
Assistant Administrator for Fisheries,
NOAA, finds good cause to waive the
30-day delay in the date of effectiveness
for this rule because delaying this rule
is contrary to the public interest. The
Plan Team review of the 2023 SAFE
report occurred in November 2023, and
based on the 2023 SAFE report the
Council considered and recommended
the final harvest specifications in
December 2023. Accordingly, NMFS’s
review of the final 2024 and 2025
harvest specifications could not begin
until after the December 2023 Council
meeting, and after the public had time
to comment on the proposed action.
For all fisheries not currently closed
because the TACs established under the
final 2023 and 2024 harvest
specifications (88 FR 14926, March 10,
2023) were not reached, it is possible
that they would be closed prior to the
expiration of a 30-day delayed
effectiveness period because their TACs
could be reached within that period. If
implemented immediately, this rule
would allow these fisheries to continue
fishing because some of the new TACs
implemented by this rule are higher
than the TACs under which they are
currently fishing. Because this rule
relieves a restriction for fisheries subject
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to lower TACs under the final 2023 and
2024 harvest specifications (88 FR
14926, March 10, 2023), it is not subject
to the 30-day delayed effectiveness
provision of the APA pursuant to 5
U.S.C. 553(d)(1). For those fisheries not
currently closed because the TACs
established under the final 2023 and
2024 harvest specifications have not yet
been reached, it is possible that their
TACs could be reached within that 30day period and NMFS would have to
close those fisheries prior to the
expiration of a 30-day delayed
effectiveness period. If those fisheries
closed, they would experience a
restriction in fishing. If this rule is
implemented immediately, this rule
would relieve the potential for those
fisheries to be restricted and would
allow these fisheries to continue fishing
because some of the new TACs
implemented by this rule are higher
than the TACs under which they are
currently fishing.
In addition, immediate effectiveness
of this action is required to provide
consistent management and
conservation of fishery resources based
on the best available scientific
information. This is particularly
pertinent for those species that have
lower 2024 ABCs and TACs than those
established in the 2023 and 2024
harvest specifications (88 FR 14926,
March 10, 2023). If implemented
immediately, this rule would ensure
that NMFS can properly manage those
fisheries for which this rule sets lower
2024 ABCs and TACs, which are based
on the most recent biological
information on the condition of stocks,
rather than managing species under the
higher TACs set in the previous year’s
harvest specifications.
Certain fisheries, such as those for
pollock, are intensive, fast-paced
fisheries. Other fisheries, such as those
for sablefish, flatfish, rockfish, Atka
mackerel, skates, sharks, and octopuses,
are critical as directed fisheries and as
incidental catch in other fisheries. U.S.
fishing vessels have demonstrated the
capacity to catch the TAC allocations in
many of these fisheries. If the date of
effectiveness of this rule were to be
delayed 30 days and if a TAC were to
be reached during those 30 days, NMFS
would be required to close directed
fishing or prohibit retention for the
applicable species. Any delay in
allocating the final TACs in these
fisheries would cause confusion to the
industry and potential economic harm
through unnecessary discards, thus
undermining the intent of this rule.
Waiving the 30-day delay allows NMFS
to prevent economic loss to fishermen
that could otherwise occur should the
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ddrumheller on DSK120RN23PROD with RULES1
2024 TACs (set under the 2023 and 2024
harvest specifications) be reached.
Determining which fisheries may close
is nearly impossible because these
fisheries are affected by several factors
that cannot be predicted in advance,
including fishing effort, weather,
movement of fishery stocks, and market
price. Furthermore, the closure of one
fishery has a cascading effect on other
fisheries by freeing-up fishing vessels,
allowing them to move from closed
fisheries to open ones, increasing the
fishing capacity in those open fisheries,
and causing them to close at an
accelerated pace.
In fisheries subject to declining
sideboard limits, a failure to implement
the updated sideboard limits before
initial season’s end could deny the
intended economic protection to the
non-sideboard limited sectors.
Conversely, in fisheries with increasing
sideboard limits, economic benefit
could be denied to the sideboardlimited sectors.
If these final harvest specifications are
not effective by March 15, 2024, which
is the start of the 2024 Pacific halibut
season as specified by the IPHC, the
fixed gear sablefish fishery will not
begin concurrently with the Pacific
halibut IFQ season. Delayed
effectiveness of this action would result
in confusion for sablefish harvesters and
economic harm from the unnecessary
discard of sablefish that are caught
along with Pacific halibut, as both fixed
gear sablefish and Pacific halibut are
managed under the same IFQ program.
Immediate effectiveness of these final
2024 and 2025 harvest specifications
will allow the sablefish IFQ fishery to
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16:41 Mar 08, 2024
Jkt 262001
begin concurrently with the Pacific
halibut IFQ season.
Finally, immediate effectiveness also
would provide the fishing industry the
earliest possible opportunity to plan and
conduct its fishing operations with
respect to new information about TAC
limits. Therefore, NMFS finds good
cause to waive the 30-day delay in the
date of effectiveness for this rule under
5 U.S.C. 553(d)(3).
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 tables
contained in this final rule are provided
online and serve as the plain language
guide to assist small entities in
complying with this final rule as
required by the Small Business
Regulatory Enforcement Fairness Act of
1996. This final rule’s primary purpose
is to announce the final 2024 and 2025
harvest specifications and prohibited
species bycatch allowances for the
groundfish fisheries of the BSAI. This
action is necessary to establish harvest
limits and associated management
measures for groundfish during the 2024
and 2025 fishing years and is taken in
accordance with the FMP prepared by
the Council pursuant to the MagnusonStevens Act. This action directly affects
all fishermen who participate in the
BSAI fisheries. The specific amounts of
PO 00000
Frm 00051
Fmt 4700
Sfmt 9990
17321
OFL, ABC, TAC, and PSC amounts are
provided in tables in this final rule to
assist the reader. This final rule also
contains plain language summaries of
the underlying relevant regulations
supporting the harvest specifications
and the harvest of groundfish in the
BSAI that the reader may find helpful.
Information to assist small entities in
complying with this final rule is
provided online. The OFL, ABC, TAC,
and PSC tables are individually
available online at https://
www.fisheries.noaa.gov/alaska/
sustainable-fisheries/alaska-groundfishharvest-specifications. Explanatory
information on the relevant regulations
supporting the harvest specifications is
found in footnotes to the tables. Harvest
specification changes are also available
from the same online source, which
includes applicable Federal Register
notices, information bulletins, and other
supporting materials. NMFS will
announce closures of directed fishing in
the Federal Register and information
bulletins released by the Alaska Region.
Affected fishermen should keep
themselves informed of such closures.
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: March 5, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2024–05093 Filed 3–8–24; 8:45 am]
BILLING CODE 3510–22–P
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[Federal Register Volume 89, Number 48 (Monday, March 11, 2024)]
[Rules and Regulations]
[Pages 17287-17321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05093]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 240304-0068]
RTID 0648-XD454
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands; Final 2024 and 2025 Harvest Specifications for
Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; harvest specifications and closures.
-----------------------------------------------------------------------
SUMMARY: NMFS announces the final 2024 and 2025 harvest specifications,
apportionments, and prohibited species catch (PSC) allowances for the
groundfish fishery of the Bering Sea and Aleutian Islands management
area (BSAI). This action is necessary to establish harvest limits for
groundfish during the remainder of the 2024 and the start of the 2025
fishing years and to accomplish the goals and objectives of the Fishery
Management Plan for Groundfish of the BSAI (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: Harvest specifications and closures are effective from 1200
hours, Alaska local time (A.l.t.), March 11, 2024, through 2400 hours,
A.l.t., December 31, 2025.
ADDRESSES: Electronic copies of the Alaska Groundfish Harvest
Specifications Final Environmental Impact Statement (Final EIS), Record
of Decision (ROD), and the annual Supplementary Information Reports
(SIR) to the Final EIS prepared for this action are available from
https://www.fisheries.noaa.gov/region/alaska. The 2023 Stock Assessment
and Fishery Evaluation (SAFE) report for the groundfish resources of
the BSAI, dated November 2023, as well as the SAFE reports for previous
years, are available from the North Pacific Fishery Management Council
(Council) at 1007 West Third Ave., Suite 400, Anchorage, AK 99501,
phone 907-271-2809, or from the Council's website at https://www.npfmc.org/, and the Alaska Fisheries Science Center website at
https://www.fisheries.noaa.gov/alaska/population-assessments/north-pacific-groundfish-stock-assessments-and-fishery-evaluation.
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, and NMFS approved, the FMP 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 NMFS, after
consultation with the Council, to specify annually the total allowable
catch (TAC) for each target species category. The sum of all TACs for
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)). This final rule specifies the sum
of the TAC at 2.0 million mt for 2024 and 2.0 million mt for 2025. NMFS
also must specify: (1) apportionments of TAC; (2) prohibited species
catch (PSC) allowances and prohibited species quota (PSQ) reserves
established by Sec. 679.21; (3) seasonal allowances of pollock,
Pacific cod, and Atka mackerel TAC; (4) American Fisheries Act (AFA)
allocations; (5) Amendment 80 allocations; (6) Community Development
Quota (CDQ) reserve amounts established by Sec. 679.20(b)(1)(ii); (7)
acceptable biological catch (ABC) surpluses and reserves for CDQ groups
and any Amendment 80 cooperatives for flathead sole, rock sole, and
yellowfin sole; and (8) halibut discard mortality rates (DMR). The
final harvest specifications set forth in tables 1 through 26 of this
action satisfy these requirements.
Section 679.20(c)(3)(i) further requires that NMFS consider public
comment on the proposed harvest specifications and, after consultation
with the Council, publish final harvest specifications in the Federal
Register. The proposed 2024 and 2025 harvest specifications for the
groundfish fishery of the BSAI were published in the Federal Register
on December 5, 2023 (88 FR 84278). Comments were invited and accepted
through January 4, 2024. As discussed in the Response to Comments
section below, NMFS received 5 letters raising 17 distinct comments
during the public comment period for the proposed BSAI groundfish
harvest specifications. NMFS's responses are addressed in the Response
to Comments section below.
NMFS consulted with the Council on the final 2024 and 2025 harvest
specifications during the December 2023 Council meeting. After
considering public comments during public meetings and submitted for
the proposed rule (88 FR 84278, December 5, 2023), as well as current
biological, ecosystem, and socioeconomic data, NMFS implements in this
final rule the final 2024 and 2025 harvest specifications as
recommended by the Council.
[[Page 17288]]
ABC and TAC Harvest Specifications
The final ABC amounts for Alaska groundfish are based on the best
available biological information, including projected biomass trends,
information on assumed distribution of stock biomass, and revised
technical methods used to calculate stock biomass. In general, the
development of ABCs and overfishing levels (OFL) involves sophisticated
statistical analyses of fish populations. The FMP specifies a series of
six tiers to define OFL and ABC amounts based on the level of reliable
information available to fishery scientists. Tier 1 represents the
highest level of information quality available, while Tier 6 represents
the lowest.
In December 2023, the Council, its Scientific and Statistical
Committee (SSC), and its Advisory Panel (AP) reviewed current
biological, ecosystem, socioeconomic, and harvest information about the
condition of the BSAI groundfish stocks. The Council's BSAI Groundfish
Plan Team (Plan Team) compiled and presented this information in the
2023 SAFE report for the BSAI groundfish fisheries, dated November 2023
(see ADDRESSES). The SAFE report contains a review of the latest
scientific analyses and estimates of each species' biomass and other
biological parameters, as well as summaries of the available
information on the BSAI ecosystem and the economic condition of
groundfish fisheries off Alaska. NMFS notified the public of the
comment period for these harvest specifications--and of the publication
of the 2023 SAFE report--in the proposed harvest specifications (88 FR
84278, December 5, 2023). From the data and analyses in the SAFE
report, the Plan Team recommended an OFL and ABC for each species and
species group at the November 2023 Plan Team meeting.
In December 2023, the SSC, AP, and Council reviewed the Plan Team's
recommendations. The final TAC recommendations were based on the ABCs,
and were adjusted for other biological and socioeconomic
considerations, including the maintenance of the sum of all the TACs
within the required OY range of 1.4 million to 2.0 million mt. As
required by annual catch limit rules for all fisheries (74 FR 3178,
January 16, 2009) and consistent with the FMP, none of the Council's
recommended 2024 or 2025 TACs exceed the final 2024 or 2025 ABCs for
any species or species group. NMFS finds that the Council's recommended
OFLs, ABCs, and TACs are consistent with the preferred harvest strategy
outlined in the FMP, as well as the Final EIS and ROD, and the
biological condition of groundfish stocks as described in the 2023 SAFE
report that was approved by the Council, while accounting for ecosystem
and socioeconomic information presented in the 2023 SAFE report (which
includes the Ecosystem Status Reports (ESR)). Therefore, this final
rule provides notification that the Secretary of Commerce approves the
final 2024 and 2025 harvest specifications as recommended by the
Council.
The 2024 harvest specifications set in this final action supersede
the 2024 harvest specifications previously set in the final 2023 and
2024 harvest specifications (88 FR 14926, March 10, 2023). The 2024
harvest specifications herein will be superseded in early 2025 when the
final 2025 and 2026 harvest specifications are published. Pursuant to
this final action, the 2024 harvest specifications will apply for the
remainder of the current year (2024) while the 2025 harvest
specifications are projected only for the following year (2025) and
will be superseded in early 2025 by the final 2025 and 2026 harvest
specifications. Because this final action (published in early 2024)
will be superseded in early 2025 by the publication of the final 2025
and 2026 harvest specifications, it is projected that this final action
will implement the harvest specifications for the BSAI for
approximately 1 year.
Other Actions Affecting the 2024 and 2025 Harvest Specifications
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 (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 (1,228 mt) of the
combined 2024 Bering Sea subarea (BS) and AI subarea ABC (mt). The 2025
AI GHL is set at 5 percent (1,233 mt) of the combined 2025 BS subarea
and AI subarea ABC (mt). The State's AI sablefish registration area
includes areas adjacent to parts of the Federal BS subarea. The Council
and its Plan Team, SSC, and AP recommended that the sum of all State
and Federal waters sablefish removals from the BS and AI not exceed the
ABC recommendations for sablefish in the BS and AI. Accordingly, after
reviewing the Council recommendations, NMFS approves 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. Under the State's management plan, the
BS GHL will increase by 1 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. For 2024, the BS Pacific cod ABC is
167,952 mt, and for 2025, it is 150,876 mt. Therefore, based on the
preceding years' harvests, the GHL in the BS for pot gear will be 12
percent for 2024 (20,154 mt) and is projected to be 12 percent for 2025
(18,105 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, after reviewing the Council recommendations,
NMFS approves that the 2024 and 2025 Pacific cod TACs in the BS account
for the State's GHLs for Pacific cod caught in State waters in the BS.
For 2024 and 2025, the BOF for the State established the GHL for
Pacific cod in State waters in the AI equal to 35 percent of the AI
ABC. Under the State's management plan, the AI GHL will increase
annually by 4 percent of the AI ABC if 90 percent of the GHL is
harvested by November 15 of the preceding year, but may not exceed 39
percent of the AI ABC or 15 million pounds (6,804 mt). 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. For 2024 and for 2025, 35
percent of the AI ABC is 4,351 mt. The Council and its Plan Team, SSC,
and AP recommended that the sum of all State and Federal waters Pacific
cod removals from the AI not exceed the ABC recommendations for Pacific
cod in the AI. Accordingly, after reviewing the Council's
recommendations, NMFS approves that the 2024 and 2025 Pacific cod TACs
in the AI account for the
[[Page 17289]]
State's GHL for Pacific cod caught in State waters in the AI.
Halibut Abundance Based Management for the Amendment 80 Program PSC
Limit
On November 24, 2023, NMFS published a final rule to implement
Amendment 123 to the FMP (88 FR 82740), which establishes abundance-
based management of the Amendment 80 Program PSC limit for Pacific
halibut. The final action replaces 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 Eastern Bering Sea shelf trawl survey index. The annual
process will use a table with pre-established halibut abundance ranges
based on those surveys (Table 58 to 50 CFR part 679). 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. The
final 2024 and 2025 harvest specifications announce the Amendment 80
halibut PSC limit based on the implementation of Amendment 123 and
regulations effective January 1, 2024.
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 correction 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 (CQ), 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, changes the AFA CV sideboard limit for Pacific cod
to apply in the C season only, and removes the halibut PSC sideboard
limit for AFA trawl CVs. 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
two subsequent sections of this rule titled ``PSC Limits for Halibut,
Salmon, Crab, and Herring'' and ``AFA Catcher Vessel Sideboard
Limits''). 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 (see Groundfish Forum v. Ross, 375 F.Supp.3d
72 (D.D.C. 2019)).
Changes From the Proposed 2024 and 2025 Harvest Specifications for the
BSAI
In October 2023, the Council's recommendations for the proposed
2024 and 2025 harvest specifications (88 FR 84278, December 5, 2023)
were based largely on information contained in the 2022 SAFE report for
the BSAI groundfish fisheries, dated November 2022. Stocks are managed
in tiers based on the amount and quality of information available.
There is more information available about stocks in tiers 1 through 3
than is available for those in tiers 4 through 6. In October 2023, the
Council recommended that proposed 2024 and 2025 OFLs and ABCs be based
on rollovers of the 2024 amounts. In making this recommendation, the
Council used the best information available from the 2022 stock
assessments until the 2023 SAFE report could be completed.
In December 2023, the Council's recommendations for the final 2024
and 2025 harvest specifications were based largely on information
contained in the 2023 SAFE report for the BSAI groundfish fisheries,
dated November 2023. The SAFE report contains a review of the latest
scientific analyses and estimates of each species' biomass and other
biological parameters, as well as summaries of the available
information on the BSAI ecosystem by including risk tables and
information from the BS ESR and AI ESR.
The ESRs compile and summarize information about the status of the
Alaska marine ecosystems for the Plan Team, SSC, AP, Council, NMFS, and
the public. These ESRs are updated annually and 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. The ESRs provide context for the SSC's recommendations for OFLs
and ABCs, as well as for the Council's TAC recommendations. The SAFE
reports and the ESRs are presented to the Plan Team and at the October
and December Council meetings before the SSC, AP, and Council make
groundfish harvest recommendations and aid NMFS in implementing these
annual groundfish harvest specifications.
The SAFE report also includes information on the economic condition
of the groundfish fisheries off Alaska through the Economic Status
Report. 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. From these
data and analyses, the Plan Team recommends, and the SSC sets, an OFL
and ABC for each species and species group.
The Council recommended a final 2024 BS pollock TAC that is a
decrease of 2,000 mt from the proposed 2024 BS pollock TAC and is also
the same as the 2023 BS pollock TAC. The Council recommended a final
2025 BS pollock TAC that is an increase of 23,000 mt from the proposed
2025 BS pollock TAC to reflect the increase in the 2025 BS pollock ABC.
The Council also recommended to increase the BS Pacific cod TAC by
24,458 mt in 2024 and 9,431 mt in 2025 from the proposed TAC. In terms
of tonnage, the Council reduced the TACs from the proposed TACs of
several species of lower economic value to maintain an overall total
TAC within the required OY range of 1.4 to 2.0 million mt with the
yellowfin sole TAC accounting for most of the decrease in terms of
tonnage. Some species, such as Atka mackerel and northern rockfish, are
economically valuable species whose ABCs increased in 2024, which
allowed the 2024 TACs to increase as well. Others, such as Alaska
plaice and sharks, have increased TACs due to anticipated increased
incidental catches in other fisheries. Of these species, sharks had the
largest increase in terms of percentage. This is due to an increase in
anticipated incidental catch in the pollock fishery. The changes to
TACs between the proposed and final harvest specifications are based on
the most recent scientific, biological, and socioeconomic information
and are
[[Page 17290]]
consistent with the FMP, regulatory obligations, and harvest strategy
as described in the proposed and final harvest specifications,
including the required OY range of 1.4 million to 2.0 million mt. These
changes are compared in table 1A.
Table 1 lists the Council's recommended final 2024 OFL, ABC, TAC,
initial TAC (ITAC), CDQ reserve allocations, and non-specified reserves
of the BSAI groundfish species and species groups; and table 2 lists
the Council's recommended final 2025 OFL, ABC, TAC, ITAC, CDQ reserve
allocations, and non-specified reserves of the BSAI groundfish species
and species groups. NMFS concurs with these recommendations. These
final 2024 and 2025 TAC amounts for the BSAI are within the OY range
established for the BSAI and do not exceed the ABC for any species or
species group. The apportionment of TAC amounts among fisheries and
seasons is discussed below.
Table 1--Final 2024 OFL, ABC, TAC, Initial TAC (ITAC), CDQ Reserve Allocation, and Nonspecified Reserves of Groundfish in the BSAI \1\
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2024
-----------------------------------------------------------------------------------------------
Species Area Nonspecified
OFL ABC TAC ITAC \2\ CDQ \3\ reserves
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock \4\....................... BS.................. 3,162,000 2,313,000 1,300,000 1,170,000 130,000 ..............
AI.................. 51,516 42,654 19,000 17,100 1,900 ..............
Bogoslof............ 115,146 86,360 250 250 .............. ..............
Pacific cod \5\................... BS.................. 200,995 167,952 147,753 131,943 15,810 ..............
AI.................. 18,416 12,431 8,080 7,215 865 ..............
Sablefish \6\..................... Alaska-wide......... 55,084 47,146 n/a n/a n/a ..............
BS.................. n/a 11,450 7,996 6,597 1,099 300
AI.................. n/a 13,100 8,440 6,858 1,424 158
Yellowfin sole.................... BSAI................ 305,298 265,913 195,000 174,135 20,865 ..............
Greenland turbot.................. BSAI................ 3,705 3,188 3,188 2,710 n/a ..............
BS.................. n/a 2,687 2,687 2,284 288 116
AI.................. n/a 501 501 426 .............. 75
Arrowtooth flounder............... BSAI................ 103,280 87,690 14,000 11,900 1,498 602
Kamchatka flounder................ BSAI................ 8,850 7,498 7,498 6,373 .............. 1,125
Rock sole \7\..................... BSAI................ 197,828 122,091 66,000 58,938 7,062 ..............
Flathead sole \8\................. BSAI................ 81,605 67,289 35,500 31,702 3,799 ..............
Alaska plaice..................... BSAI................ 42,695 35,494 21,752 18,489 .............. 3,263
Other flatfish \9\................ BSAI................ 22,919 17,189 4,500 3,825 .............. 675
Pacific ocean perch............... BSAI................ 49,010 41,096 37,626 33,100 n/a ..............
BS.................. n/a 11,636 11,636 9,891 .............. 1,745
EAI................. n/a 7,969 7,969 7,116 853 ..............
CAI................. n/a 5,521 5,521 4,930 591 ..............
WAI................. n/a 15,970 12,500 11,163 1,338 ..............
Northern rockfish................. BSAI................ 23,556 19,274 16,752 14,239 .............. 2,513
Blackspotted/Rougheye rockfish BSAI................ 761 569 569 484 .............. 85
\10\.
BS/EAI.............. n/a 388 388 330 .............. 58
CAI/WAI............. n/a 181 181 154 .............. 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................ 111,684 95,358 72,987 65,177 7,810 ..............
BS/EAI.............. n/a 41,723 32,260 28,808 3,452 ..............
CAI................. n/a 16,754 16,754 14,961 1,793 ..............
WAI................. n/a 36,882 23,973 21,408 2,565 ..............
Skates............................ BSAI................ 45,574 37,808 30,519 25,941 .............. 4,578
Sharks............................ BSAI................ 689 450 400 340 .............. 60
Octopuses......................... BSAI................ 6,080 4,560 400 340 .............. 60
-----------------------------------------------------------------------------------------------
Total......................... .................... 4,609,077 3,476,800 2,000,000 1,789,177 195,199 15,623
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Regulatory areas and districts are defined at Sec. 679.2.
\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 BS includes the Bogoslof District.
\2\ Except for pollock, the portion of the sablefish TAC allocated to fixed gear, and Amendment 80 species (Atka mackerel, yellowfin sole, rock sole,
flathead sole, Pacific cod, and AI Pacific ocean perch), 15 percent of each TAC is placed into a non-specified reserve (Sec. 679.20(b)(1)(i)). The
ITAC for these species is the remainder of the TAC after the subtraction of these reserves. For pollock and Amendment 80 species, ITAC is the non-CDQ
allocation of TAC (see footnotes 3 and 4).
\3\ For the Amendment 80 species (Atka mackerel, yellowfin sole, rock sole, flathead 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 arrowtooth flounder are reserved for use by CDQ
participants (see Sec. 679.20(b)(1)(ii)(B) and (D)). AI Greenland turbot, ``other flatfish,'' Alaska plaice, Bering Sea Pacific ocean perch,
Kamchatka flounder, northern rockfish, blackspotted/rougheye rockfish, shortraker 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 mothership--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 BS Pacific cod TAC is set to account for the 12 percent, plus 45 mt, of the BS ABC for the State's guideline harvest level in State waters of
the BS. The AI Pacific cod TAC is set to account for 35 percent of the AI ABC for the State guideline harvest level in State waters of the AI.
\6\ The sablefish OFL and ABC is 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's guideline harvest level in State waters of
the BS and AI.
\7\ ``Rock sole'' includes Lepidopsetta polyxystra (Northern rock sole).
\8\ ``Flathead sole'' includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
\9\ ``Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole,
Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
\10\ ``Blackspotted/Rougheye rockfish'' includes Sebastes melanostictus (blackspotted) and Sebastes aleutianus (rougheye).
[[Page 17291]]
\11\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean perch, northern rockfish, blackspotted/
rougheye rockfish, and shortraker rockfish.
Table 1a--Comparison of Final 2024 and 2025 With Proposed 2024 and 2025 Total Allowable Catch in the BSAI
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2024 2025
2024 and 2024 percentage 2025 percentage
Species Area \1\ 2024 final 2025 difference difference 2025 final difference difference
TAC proposed from from TAC from from
TAC proposed proposed proposed proposed
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock............................. BS..................... 1,300,000 1,302,000 (2,000) (0.2) 1,325,000 23,000 1.8
AI..................... 19,000 19,000 ........... ........... 19,000 ........... ...........
Bogoslof............... 250 300 (50) (16.7) 250 (50) (16.7)
Pacific cod......................... BS..................... 147,753 123,295 24,458 19.8 132,726 9,431 7.6
AI..................... 8,080 8,425 (345) (4.1) 8,080 (345) (4.1)
Sablefish........................... BS..................... 7,996 9,676 (1,680) (17.4) 9,500 (176) (1.8)
AI..................... 8,440 9,793 (1,353) (13.8) 8,440 (1,353) (13.8)
Yellowfin sole...................... BSAI................... 195,000 230,656 (35,656) (15.5) 195,000 (35,656) (15.5)
Greenland turbot.................... BS..................... 2,687 2,836 (149) (5.3) 2,310 (526) (18.5)
AI..................... 501 528 (27) (5.1) 430 (98) (18.6)
Arrowtooth flounder................. BSAI................... 14,000 15,000 (1,000) (6.7) 14,000 (1,000) (6.7)
Kamchatka flounder.................. BSAI................... 7,498 7,435 63 0.8 7,360 (75) (1.0)
Rock sole........................... BSAI................... 66,000 66,000 ........... ........... 66,000 ........... ...........
Flathead sole....................... BSAI................... 35,500 35,500 ........... ........... 35,500 ........... ...........
Alaska plaice....................... BSAI................... 21,752 18,000 3,752 20.8 20,000 2,000 11.1
Other flatfish...................... BSAI................... 4,500 4,500 ........... ........... 4,500 ........... ...........
Pacific ocean perch................. BS..................... 11,636 11,700 (64) (0.5) 11,430 (270) (2.3)
EAI.................... 7,969 8,013 (44) (0.5) 7,828 (185) (2.3)
CAI.................... 5,521 5,551 (30) (0.5) 5,423 (128) (2.3)
WAI.................... 12,500 13,000 (500) (3.8) 12,500 (500) (3.8)
Northern rockfish................... BSAI................... 16,752 11,000 5,752 52.3 15,000 4,000 36.4
Blackspotted and Rougheye rockfish.. BS/EAI................. 388 388 ........... ........... 412 24 6.2
CAI/WAI................ 181 182 (1) (0.5) 195 13 7.1
Shortraker rockfish................. BSAI................... 530 530 ........... ........... 530 ........... ...........
Other rockfish...................... BS..................... 880 880 ........... ........... 880 ........... ...........
AI..................... 380 380 ........... ........... 380 ........... ...........
Atka mackerel....................... EAI/BS................. 32,260 30,000 2,260 7.5 30,000 ........... ...........
CAI.................... 16,754 15,218 1,536 10.1 14,877 (341) (2.2)
WAI.................... 23,973 21,637 2,336 10.8 21,288 (349) (1.6)
Skates.............................. BSAI................... 30,519 27,927 2,592 9.3 30,361 2,434 8.7
Sharks.............................. BSAI................... 400 250 150 60.0 400 150 60.0
Octopuses........................... BSAI................... 400 400 ........... ........... 400 ........... ...........
------------------------------------------------------------------------------------------
Total........................... BSAI................... 2,000,000 2,000,000 ........... ........... 2,000,000 ........... ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2--Final 2025 OFL, ABC, TAC, ITAC, CDQ Reserve Allocation, and Nonspecified Reserves of Groundfish in the BSAI \1\
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2025
-----------------------------------------------------------------------------------------------
Species Area Nonspecified
OFL ABC TAC ITAC \2\ CDQ \3\ reserves
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock \4\....................... BS.................. 3,449,000 2,401,000 1,325,000 1,192,500 132,500 ..............
AI.................. 53,030 43,863 19,000 17,100 1,900 ..............
Bogoslof............ 115,146 86,360 250 250 .............. ..............
Pacific cod \5\................... BS.................. 180,798 150,876 132,726 118,524 14,202 ..............
AI.................. 18,416 12,431 8,080 7,215 865 ..............
Sablefish \6\..................... Alaska-wide......... 55,317 47,350 n/a n/a n/a ..............
BS.................. n/a 11,499 9,500 4,038 356 356
AI.................. n/a 13,156 8,440 1,794 158 158
Yellowfin sole.................... BSAI................ 317,932 276,917 195,000 174,135 20,865 ..............
Greenland turbot.................. BSAI................ 3,185 2,740 2,740 2,329 n/a ..............
BS.................. n/a 2,310 2,310 1,964 247 99
AI.................. n/a 430 430 366 .............. 65
Arrowtooth flounder............... BSAI................ 104,270 88,548 14,000 11,900 1,498 602
Kamchatka flounder................ BSAI................ 8,687 7,360 7,360 6,256 .............. 1,104
Rock sole \7\..................... BSAI................ 264,789 122,535 66,000 58,938 7,062 ..............
Flathead sole \8\................. BSAI................ 82,699 68,203 35,500 31,702 3,799 ..............
Alaska plaice..................... BSAI................ 45,182 37,560 20,000 17,000 .............. 3,000
Other flatfish \9\................ BSAI................ 22,919 17,189 4,500 3,825 .............. 675
Pacific ocean perch............... BSAI................ 48,139 40,366 37,181 32,711 n/a ..............
BS.................. n/a 11,430 11,430 9,716 .............. 1,715
EAI................. n/a 7,828 7,828 6,990 838 ..............
CAI................. n/a 5,423 5,423 4,843 580 ..............
WAI................. n/a 15,685 12,500 11,163 1,338 ..............
Northern rockfish................. BSAI................ 22,838 18,685 15,000 12,750 .............. 2,250
Blackspotted/Rougheye rockfish BSAI................ 813 607 607 516 .............. 91
\10\.
BS/EAI.............. n/a 412 412 350 .............. 62
CAI/WAI............. n/a 195 195 166 .............. 29
[[Page 17292]]
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................ 99,723 84,676 66,165 59,085 7,080 ..............
EAI/BS.............. n/a 37,049 30,000 26,790 3,210 ..............
CAI................. n/a 14,877 14,877 13,285 1,592 ..............
WAI................. n/a 32,750 21,288 19,010 2,278 ..............
Skates............................ BSAI................ 44,203 36,625 30,361 25,807 .............. 4,554
Sharks............................ BSAI................ 689 450 400 340 .............. 60
Octopuses......................... BSAI................ 6,080 4,560 400 340 .............. 60
-----------------------------------------------------------------------------------------------
Total......................... .................... 4,946,241 3,550,691 2,000,000 1,780,576 193,286 15,058
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Regulatory areas and districts are defined at Sec. 679.2.
\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 BS includes the Bogoslof District.
\2\ Except for pollock, the portion of the sablefish TAC allocated to fixed gear, and Amendment 80 species (Atka mackerel, flathead sole, rock sole,
yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 15 percent of each TAC is put into a non-specified reserve (Sec.
679.20(b)(1)(i)). The ITAC for these species is the remainder of the TAC after the subtraction of these reserves. For pollock and Amendment 80
species, ITAC is the non-CDQ allocation of TAC (see footnotes 3 and 4).
\3\ For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 10.7
percent of the TAC is reserved for use by CDQ participants (see Sec. 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 Bering Sea Greenland turbot and arrowtooth flounder
are reserved for use by CDQ participants (see Sec. 679.20(b)(1)(ii)(B) and (D)). The 2025 fixed gear portion of the sablefish ITAC and CDQ reserve
will not be specified until the final 2025 and 2026 harvest specifications. Aleutian Islands Greenland turbot, ``other flatfish,'' Alaska plaice,
Bering Sea Pacific ocean perch, Kamchatka flounder, northern rockfish, shortraker rockfish, blackspotted/rougheye rockfish, ``other rockfish,''
skates, sharks, and octopuses are not allocated to the CDQ program.
\4\ Under Sec. 679.20(a)(5)(i)(A), the annual BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second
for the incidental catch allowance (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 BS Pacific cod TAC is set to account for the 12 percent, plus 45 mt, of the BS ABC for the State's guideline harvest level in State waters of
the BS. The AI Pacific cod TAC is set to account for 35 percent 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's guideline harvest level in State waters.
\7\ ``Rock sole'' includes Lepidopsetta polyxystra (Northern rock sole).
\8\ ``Flathead sole'' includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
\9\ ``Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole,
Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
\10\ ``Blackspotted/Rougheye rockfish'' includes Sebastes melanostictus (blackspotted) and Sebastes aleutianus (rougheye).
\11\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean perch, northern rockfish, blackspotted/
rougheye rockfish, and shortraker rockfish.
Groundfish Reserves and the ICA for Pollock, Atka Mackerel, Flathead
Sole, Rock Sole, Yellowfin Sole, and AI Pacific Ocean Perch
Section 679.20(b)(1)(i) requires that NMFS reserve 15 percent of
the TAC for each target species (except for pollock, fixed gear
allocation of sablefish, and Amendment 80 species) in a non-specified
reserve. Section 679.20(b)(1)(ii)(B) requires that NMFS allocate 20
percent of the 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 allocations
of sablefish in the BS and AI and 10.7 percent of the BS Greenland
turbot and arrowtooth flounder TACs to the respective CDQ reserves.
Section 679.20(b)(1)(ii)(C) requires that NMFS allocate 10.7 percent of
the TACs for Atka mackerel, AI Pacific ocean perch, yellowfin sole,
rock sole, flathead sole, and Pacific cod (the Amendment 80 species) to
the respective CDQ reserves.
Section 679.20(b)(1)(ii)(A) also requires that 10 percent of the BS
pollock TAC be allocated to the pollock CDQ directed fishing allowance
(DFA). Section 679.20(b)(1)(ii)(A) requires that 10 percent of the AI
pollock TAC be allocated to the pollock CDQ DFA. The entire Bogoslof
District pollock TAC is allocated as an ICA pursuant to Sec.
679.20(a)(5)(ii) because the Bogoslof District is closed to directed
fishing for pollock by regulation (Sec. 679.22(a)(7)(B)). With the
exception of the fixed gear sablefish CDQ reserve, the regulations do
not further apportion the CDQ allocations by gear.
Pursuant to Sec. 679.20(a)(5)(i)(A)(1), NMFS allocates a pollock
ICA of 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
incidental catch, including the incidental catch by CDQ vessels, in
target fisheries other than pollock from 2000-2023. 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 24-year average of 3
percent. Pursuant to Sec. 679.20(a)(5)(iii)(B)(2), NMFS establishes a
pollock ICA of 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 2003-2023. During
this 21-year period, the incidental catch of pollock ranged from a low
of 5 percent in 2006 to a high of 17 percent in 2014, with a 21-year
average of 9 percent.
After subtracting the 10.7 percent CDQ reserve and pursuant to
Sec. 679.20(a)(8) and (10), NMFS allocates ICAs of 3,000 mt of
flathead sole, 6,000 mt of rock sole, 4,000 mt of yellowfin sole, 10 mt
of Western Aleutian district (WAI) Pacific ocean perch, 60 mt of
Central Aleutian district (CAI) Pacific ocean perch, 100 mt of Eastern
Aleutian
[[Page 17293]]
district (EAI) Pacific ocean perch, 20 mt of WAI Atka mackerel, 75 mt
of CAI Atka mackerel, and 800 mt of EAI and BS Atka mackerel. These ICA
allowances 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 non-specified
reserve by species or species group. Any amount of the reserve may be
apportioned to a target species that contributed to the non-specified
reserves during the year, provided that such apportionments are
consistent with Sec. 679.20(a)(3) and do not result in overfishing
(see Sec. 679.20(b)(1)(i)). The Regional Administrator has determined
that the ITACs specified for two species group listed in tables 1 and 2
need to be supplemented from the non-specified reserve because U.S.
fishing vessels have demonstrated the capacity to catch the full TAC
allocations. Therefore, in accordance with Sec. 679.20(b), NMFS is
apportioning the amounts shown in table 3 from the non-specified
reserve to increase the ITAC for AI ``other rockfish'' and
blackspotted/rougheye rockfish in the Central Aleutian district and
Western Aleutian district (CAI/WAI) by 15 percent of their TACs in 2024
and 2025.
Table 3--Final 2024 and 2025 Apportionment of Non-Specified Reserves to ITAC Categories
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2024 2025
Species-area or subarea 2024 ITAC reserve 2024 final 2025 ITAC reserve 2025 final
amount TAC amount TAC
----------------------------------------------------------------------------------------------------------------
Other rockfish-Aleutian Islands 323 57 380 323 57 380
subarea..........................
Blackspotted/Rougheye rockfish-- 154 27 181 166 29 195
CAI/WAI..........................
-----------------------------------------------------------------------------
Total......................... 477 84 561 489 86 575
----------------------------------------------------------------------------------------------------------------
Allocation of Pollock TAC Under the American Fisheries Act (AFA)
Section 679.20(a)(5)(i)(A) requires that the BS pollock TAC be
apportioned as a DFA, after subtracting 10 percent for the CDQ program
and 50,000 mt for the ICA in both 2024 and 2025, 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-June 10), and 55 percent
of the DFAs are allocated to the B season (June 10-November 1)
(Sec. Sec. 679.20(a)(5)(i)(B)(1) and 679.23(e)(2)). The AI directed
pollock fishery allocation to the Aleut Corporation is the amount of
pollock TAC remaining in the AI after subtracting 1,900 mt for the CDQ
DFA (10 percent) and 3,420 mt for the ICA (Sec.
679.20(a)(5)(iii)(B)(2)). In the AI, the total A season apportionment
of the TAC (including the AI directed fishery allocation, the CDQ DFA,
and the ICA) may not exceed 40 percent of the ABC for AI pollock, and
the remainder of the TAC is allocated to the B season (Sec.
679.20(a)(5)(iii)(B)(3)). Tables 4 and 5 list these 2024 and 2025
amounts.
Section 679.20(a)(5)(iii)(B)(6) sets harvest limits for pollock in
the A season (January 20 to June 10) in Areas 543, 542, and 541. In
accordance with this regulation, NMFS establishes harvest limits for
pollock in the A season in Area 541 of no more than 30 percent, in Area
542 of no more than 15 percent, and in Area 543 of no more than 5
percent of the Aleutian Islands pollock ABC.
Section 679.20(a)(5)(i)(A)(4) also includes several specific
requirements regarding BS pollock allocations. First, it requires that
8.5 percent of the pollock allocated to the CP sector be available for
harvest by AFA CVs with CP sector endorsements, unless the Regional
Administrator receives a cooperative contract that allows for the
distribution of harvest among AFA CPs and AFA CVs in a manner agreed to
by all members. Second, AFA CPs not listed in the AFA are limited to
harvesting not more than 0.5 percent of the pollock allocated to the CP
sector. Tables 4 and 5 list the 2024 and 2025 allocations of pollock
TAC. Table 6 lists the 2024 inshore sector allocation among AFA inshore
cooperatives and AFA open access vessels. The 2025 AFA CV cooperative
membership will not be known until eligible participants apply for
participation in the program by December 1, 2024. Table 22 lists the
CDQ allocation of pollock among the CDQ groups. Tables 24, 25, and 26
list the AFA CP and CV harvesting sideboard limits.
Tables 4, 5, and 6 also list seasonal apportionments of pollock and
harvest limits within the Steller Sea Lion Conservation Area (SCA). The
harvest of pollock within the SCA, as defined at Sec.
679.22(a)(7)(vii), is limited to no more than 28 percent of the annual
pollock DFA before 12 p.m. A.l.t. (noon), April 1, as provided in Sec.
679.20(a)(5)(i)(C). The A season pollock SCA harvest limit is
apportioned to each sector in proportion to each sector's allocated
percentage of the DFA.
Table 4--Final 2024 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ Directed
Fishing Allowances (DFA) \1\
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2024 A season \1\ 2024 B season \1\
2024 --------------------------------------------------
Area and sector Allocations SCA harvest
A season DFA limit \2\ B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\................... 1,300,000 n/a n/a n/a
CDQ DFA...................................... 130,000 58,500 36,400 71,500
ICA \1\...................................... 50,000 n/a n/a n/a
Total Bering Sea non-CDQ DFA................. 1,120,000 504,000 313,600 616,000
AFA Inshore.................................. 560,000 252,000 156,800 308,000
AFA Catcher/Processors \3\................... 448,000 201,600 125,440 246,400
Catch by CPs............................. 409,920 184,464 n/a 225,456
[[Page 17294]]
Catch by CVs \3\......................... 38,080 17,136 n/a 20,944
Unlisted CP Limit \4\.................... 2,240 1,008 n/a 1,232
AFA Motherships.............................. 112,000 50,400 31,360 61,600
Excessive Harvesting Limit \5\............... 196,000 n/a n/a n/a
Excessive Processing Limit \6\............... 336,000 n/a n/a n/a
Aleutian Islands subarea ABC................. 42,654 n/a n/a n/a
Aleutian Islands subarea TAC \1\............. 19,000 n/a n/a n/a
CDQ DFA...................................... 1,900 1,872 n/a 28
ICA.......................................... 3,420 1,710 n/a 1,710
Aleut Corporation............................ 13,680 13,479 n/a 201
Area harvest limit \7\....................... n/a n/a n/a n/a
541...................................... 12,796 n/a n/a n/a
542...................................... 6,398 n/a n/a n/a
543...................................... 2,133 n/a n/a n/a
Bogoslof District ICA \8\.................... 250 n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
Note: Seasonal or sector apportionments may not total precisely due to rounding.
\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the BS pollock TAC, after subtracting the CDQ DFA (10 percent) and
the ICA (50,000 mt, ~3.85 percent), is allocated as a DFA as follows: inshore sector--50 percent, catcher/
processor sector (CP)--40 percent, and mothership sector--10 percent. In the BS 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). When the AI pollock ABC equals or exceeds 19,000 mt, the
annual TAC is equal to 19,000 mt (Sec. 679.20(a)(5)(iii)(B)(1)). Pursuant to Sec. 679.20(a)(5)(iii)(B)(2),
the AI 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 pollock directed fishery. In the AI subarea, the A season is
allocated no more than 40 percent of the AI pollock ABC.
\2\ In the BS 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 12:00 p.m. A.l.t., 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 allocation to listed CPs shall be available for
harvest only by eligible catcher vessels with a CP endorsement delivering to listed CPs, unless there is a CP
sector cooperative 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 CP sector's allocation of pollock.
\5\ Pursuant to Sec. 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
percent of the sum of the non-CDQ pollock DFAs.
\6\ Pursuant to Sec. 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0
percent of the sum of the non-CDQ pollock DFAs.
\7\ Pursuant to Sec. 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
Area 541 of no more than 30 percent, in Area 542 of no more than 15 percent, and in Area 543 of no more than 5
percent of the AI 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.
Table 5--Final 2025 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ Directed
Fishing Allowances (DFA) \1\
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2025 A season \1\ 2025 B season \1\
2025 --------------------------------------------------
Area and sector Allocations SCA harvest
A season DFA limit \2\ B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\................... 1,325,000 n/a n/a n/a
CDQ DFA...................................... 132,500 59,625 37,100 72,875
ICA \1\...................................... 50,000 n/a n/a n/a
Total Bering Sea non-CDQ DFA................. 1,142,500 514,125 319,900 628,375
AFA Inshore.................................. 571,250 257,063 159,950 314,188
AFA Catcher/Processors \3\................... 457,000 205,650 127,960 251,350
Catch by CPs............................. 418,155 188,170 n/a 229,985
Catch by CVs \3\......................... 38,845 17,480 n/a 21,365
Unlisted CP Limit \4\.................... 2,285 1,028 n/a 1,257
AFA Motherships.............................. 114,250 51,413 31,990 62,838
Excessive Harvesting Limit \5\............... 199,938 n/a n/a n/a
Excessive Processing Limit \6\............... 342,750 n/a n/a n/a
Aleutian Islands subarea ABC................. 43,863 n/a n/a n/a
Aleutian Islands subarea TAC \1\............. 19,000 n/a n/a n/a
CDQ DFA...................................... 1,900 1,900 n/a .................
ICA.......................................... 3,420 1,710 n/a 1,710
Aleut Corporation............................ 13,680 13,680 n/a .................
Area harvest limit \7\....................... n/a n/a n/a n/a
541...................................... 13,159 n/a n/a n/a
542...................................... 6,579 n/a n/a n/a
543...................................... 2,193 n/a n/a n/a
[[Page 17295]]
Bogoslof District ICA \8\.................... 250 n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
Note: Seasonal or sector apportionments may not total precisely due to rounding.
\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the BS subarea pollock TAC, after subtracting the CDQ DFA (10
percent) and the ICA (50,000 mt, ~3.85 percent), is allocated as a DFA as follows: inshore sector--50 percent,
catcher/processor sector (CP)--40 percent, and mothership sector--10 percent. In the BS 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). When the AI pollock ABC equals or exceeds 19,000 mt, the
annual TAC is equal to 19,000 mt (Sec. 679.20(a)(5)(iii)(B)(1)). Pursuant to Sec. 679.20(a)(5)(iii)(B)(2),
the AI 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 pollock directed fishery. In the AI subarea, the A season is
allocated no more than 40 percent of the AI pollock ABC.
\2\ In the BS 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 12:00 p.m. A.l.t., 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 allocation to listed CPs shall be available for
harvest only by eligible catcher vessels with a CP endorsement delivering to listed CPs, unless there is a CP
sector cooperative 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 CP sector's allocation of pollock.
\5\ Pursuant to Sec. 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
percent of the sum of the non-CDQ pollock DFAs.
\6\ Pursuant to Sec. 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0
percent of the sum of the non-CDQ pollock DFAs.
\7\ Pursuant to Sec. 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
Area 541 of no more than 30 percent, in Area 542 of no more than 15 percent, and in Area 543 of no more than 5
percent of the AI 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.
Table 6--Final 2024 AFA Inshore Cooperative and Open Access Pollock Allocations, and Inshore Sector Steller Sea
Lion Conservation Area Limits
----------------------------------------------------------------------------------------------------------------
Sum of vessel's
Cooperative name \1\ Percent of inshore catch histories 2024 Allocations
sector allocation (mt) \2\ (mt)
----------------------------------------------------------------------------------------------------------------
AFA Open Access..................................... 2.103 18,414 11,777
Akutan Catcher Vessel Association................... 33.788 295,836 189,212
Northern Victor Fleet Cooperative................... 9.346 81,828 52,336
Unalaska Fleet Cooperative (Alyeska)................ 12.261 107,357 68,663
UniSea Fleet Cooperative............................ 23.122 202,454 129,486
Westward Fleet Cooperative.......................... 19.380 169,683 108,526
Sum of all Cooperatives............................. 100.000 875,572 560,000
----------------------------------------------------------------------------------------------------------------
Inshore Sector Steller Sea Lion Conservation Area (SCA) Limits
----------------------------------------------------------------------------------------------------------------
2024 A season TAC 2024 A season SCA 2024 B season TAC
harvest limit \3\
----------------------------------------------------------------------------------------------------------------
Inshore cooperative sector:
Vessels >99 ft.................................. n/a 134,934 n/a
Vessels <=99 ft................................. n/a 21,866 n/a
-----------------------------------------------------------
Total....................................... 252,000 156,800 308,000
Open access sector.................................. .................. .................. ..................
-----------------------------------------------------------
Total inshore sector........................ 252,000 156,800 308,000
----------------------------------------------------------------------------------------------------------------
Note: Totals may not add up due to rounding.
\1\ The 2025 AFA catcher vessel cooperative membership will not be known until eligible participants apply for
participation in the program by December 1, 2024.
\2\ According to regulations at Sec. 679.62(a)(1), the individual catch history for each vessel is equal to
the vessel's best 2 of 3 years inshore pollock landings from 1995 through 1997 and includes landings to
catcher/processors and motherships for vessels that made 500 or more mt of landings to catcher/processors and
motherships from 1995 through 1997.
\3\ The Steller sea lion conservation area (SCA) is established at Sec. 679.22(a)(7)(vii). The SCA limitations
for vessels less than or equal to 99 ft LOA that are not participating in a cooperative will be established on
an inseason basis in accordance with Sec. 679.22(a)(7)(vii)(C)(2), and the Regional Administrator will
prohibit directed fishing for pollock by vessels greater than 99 ft (30.2 m) LOA, catching pollock for
processing by the inshore component before reaching the inshore SCA harvest limit before April 1 to
accommodate fishing by vessels less than or equal to 99 ft (30.2 m) inside the SCA until April 1.
[[Page 17296]]
Allocation of the Atka Mackerel TACs
Section 679.20(a)(8) allocates the Atka mackerel TACs to the
Amendment 80 and BSAI trawl limited access sectors, after subtracting
the CDQ reserves, ICAs for the BSAI trawl limited access sector and
non-trawl gear sector, and the jig gear allocation (tables 7 and 8).
The percentage of the ITAC for Atka mackerel allocated to the Amendment
80 and BSAI trawl limited access sectors is listed in table 33 to 50
CFR part 679 and in Sec. 679.91. Pursuant to Sec. 679.20(a)(8)(i), up
to 2 percent of the EAI and the BS Atka mackerel TAC may be allocated
to vessels using jig gear. The percent of this allocation is
recommended annually by the Council based on several criteria,
including, among other criteria, the anticipated harvest capacity of
the jig gear fleet. After reviewing Council recommendations, NMFS
approves a 0.5 percent allocation of the Atka mackerel TAC in the EAI
and BS to the jig gear sector 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 seasonal allowance for
directed fishing with trawl gear from January 20 through June 10 (A
season), and the second seasonal allowance from June 10 through
December 31 (B season). Section 679.23(e)(4)(iii) applies Atka mackerel
seasons to CDQ Atka mackerel trawl fishing. 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 ICAs and jig gear allocations are not
apportioned by season.
Sections 679.20(a)(8)(ii)(C)(1)(i) and (ii) limits Atka mackerel
catch within waters 0 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. The annual harvest is also equally divided between
the A and B seasons as defined at Sec. 679.23(e)(3). Section
679.20(a)(8)(ii)(C)(2) requires that the annual TAC in Area 543 will be
no more than 65 percent of the ABC in Area 543. Section
679.20(a)(8)(ii)(D) requires that any unharvested Atka mackerel A
season allowance that is added to the B season be prohibited from being
harvested within waters 0 nmi to 20 nmi of Steller sea lion sites
listed in table 6 to 50 CFR part 679 and located in Areas 541, 542, and
543.
Tables 7 and 8 list these 2024 and 2025 Atka mackerel seasonal and
area allowances, and the sector allocations. One Amendment 80
cooperative has formed for the 2024 fishing year. Because all Amendment
80 vessels are part of the sole Amendment 80 cooperative, no allocation
to the Amendment 80 limited access sector is required for 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. Table 22 lists the allocation of CDQ Atka mackerel
among the CDQ groups.
Table 7--Final 2024 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch Allowance, and
Amendment 80 Allocations of the BSAI Atka Mackerel TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2024 Allocation by area
--------------------------------------------------------
Sector \1\ Season 2 3 4 Eastern Aleutian
District/ Bering Central Aleutian Western Aleutian
Sea District \5\ District
----------------------------------------------------------------------------------------------------------------
TAC.............................. n/a................. 32,260 16,754 23,973
CDQ reserve...................... Total............... 3,452 1,793 2,565
A................... 1,726 896 1,283
Critical Habitat.... n/a 538 770
B................... 1,726 896 1,283
Critical Habitat.... n/a 538 770
Non-CDQ TAC...................... n/a................. 28,808 14,961 21,408
ICA.............................. Total............... 800 75 20
Jig \6\.......................... Total............... 140 ................. .................
BSAI trawl limited access........ Total............... 2,787 1,489 .................
A................... 1,393 744 .................
Critical Habitat.... n/a 447 .................
B................... 1,393 744 .................
Critical Habitat.... n/a 447 .................
Amendment 80 sector.............. Total............... 25,081 13,398 21,388
A................... 12,541 6,699 10,694
Critical Habitat.... n/a 4,019 6,416
B................... 12,541 6,699 10,694
Critical Habitat.... n/a 4,019 6,416
----------------------------------------------------------------------------------------------------------------
Note: Seasonal or sector apportionments may not total precisely due to rounding.
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and jig
gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for
Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in table 33 to 50 CFR
part 679 and Sec. 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec.
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 protection areas; section 679.20(a)(8)(ii)(C)(1)(ii) equally divides the
annual harvest limits between the A and B seasons as defined at Sec. 679.23(e)(3); and section
679.20(a)(8)(ii)(C)(2) requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
[[Page 17297]]
\6\ Sections 679.2 and 679.20(a)(8)(i) require that up to 2 percent of the Eastern Aleutian Islands District and
the Bering Sea subarea TAC be allocated to jig gear after subtracting the CDQ reserve and the ICA. NMFS sets
the amount of this allocation for 2024 at 0.5 percent. The jig gear allocation is not apportioned by season.
Table 8--Final 2025 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch Allowance, and
Amendment 80 Allocations of the BSAI Atka Mackerel TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2025 Allocation by area
--------------------------------------------------------
Sector \1\ Season 2 3 4 Eastern Aleutian
District/ Bering Central Aleutian Western Aleutian
Sea \5\ District \5\ District \5\
----------------------------------------------------------------------------------------------------------------
TAC.............................. n/a................. 30,000 14,877 21,288
CDQ reserve...................... Total............... 3,210 1,592 2,278
A................... 1,605 796 1,139
Critical Habitat.... n/a 478 683
B................... 1,605 796 1,139
Critical Habitat.... n/a 478 683
non-CDQ TAC...................... n/a................. 26,790 13,285 19,010
ICA.............................. Total............... 800 75 20
Jig \6\.......................... Total............... 130 ................. .................
BSAI trawl limited access........ Total............... 2,586 1,321 .................
A................... 1,293 661 .................
Critical Habitat.... n/a 396 .................
B................... 1,293 661 .................
Critical Habitat.... n/a 396 .................
Amendment 80 sectors \7\......... Total............... 23,274 11,889 18,990
A................... 11,637 5,945 9,495
Critical Habitat.... n/a 3,567 5,697
B................... 11,637 5,945 9,495
Critical Habitat.... n/a 3,567 5,697
----------------------------------------------------------------------------------------------------------------
Note: Seasonal or sector apportionments may not total precisely due to rounding.
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and jig
gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for
Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in table 33 to 50 CFR
part 679 and Sec. 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec.
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 protection areas; section 679.20(a)(8)(ii)(C)(1)(ii) equally divides the
annual harvest limits between the A and B seasons as defined at Sec. 679.23(e)(3); and section
679.20(a)(8)(ii)(C)(2) requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
\6\ Sections 679.2 and 679.20(a)(8)(i) require that up to 2 percent of the Eastern Aleutian Islands District and
the Bering Sea subarea TAC be allocated to jig gear after subtracting the CDQ reserve and the ICA. NMFS sets
the amount of this allocation for 2025 at 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 BSAI Pacific cod TACs are combined for calculating further
BSAI Pacific cod sector allocations and seasonal allowances. If the
non-CDQ Pacific cod TAC is or will be reached in either the BS or the
AI subareas, NMFS will prohibit non-CDQ directed fishing for Pacific
cod in that subarea as provided in Sec. 679.20(d)(1)(iii).
Section 679.20(a)(7)(ii) allocates to the non-CDQ sectors the
Pacific cod TAC in the combined BSAI, after subtracting 10.7 percent
for the CDQ program, as follows: 1.4 percent to vessels using jig gear;
2.0 percent to hook-and-line or pot CVs less than 60 ft (18.3 m) length
overall (LOA); 0.2 percent to hook-and-line CVs greater than or equal
to 60 ft (18.3 m) LOA; 48.7 percent to hook-and-line CPs; 8.4 percent
to pot CVs greater than or equal to 60 ft (18.3 m) LOA; 1.5 percent to
pot CPs; 2.3 percent to AFA trawl CPs; 13.4 percent to Amendment 80
sector; and 22.1 percent to trawl CVs. The ICA for the hook-and-line
and pot sectors will be deducted from the aggregate portion of Pacific
cod TAC allocated to the hook-and-line and pot sectors. For 2024 and
2025, the Regional Administrator establishes an 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 ITAC allocation of Pacific cod to the Amendment 80 sector is
established in table 33 to 50 CFR part 679 and Sec. 679.91. One
Amendment 80 cooperative has formed for the 2024 fishing year. Because
all Amendment 80 vessels are part of the sole Amendment 80 cooperative,
no allocation to the Amendment 80 limited access sector is required for
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.
[[Page 17298]]
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 9 below). The 2025
allocations for PCTC Program cooperatives will not be known until NMFS
receives the membership applications by November 1, 2024. The 2024 PCTC
cooperative allocations and PSC allowances are listed in table 11.
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)). Tables 9 and 10 list 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 2023 stock assessment, the Regional Administrator
determined for 2024 and 2025 the estimated amount of Pacific cod
abundance in Area 543 is 15.7 percent of the total AI abundance. To
calculate the Area 543 Pacific cod harvest limit, NMFS first subtracts
the State GHL Pacific cod amount from the AI Pacific cod ABC. Then NMFS
determines the harvest limit in Area 543 by multiplying the percentage
of Pacific cod estimated in Area 543 (15.7 percent) by the remaining
ABC for AI Pacific cod. Based on these calculations, the Area 543
harvest limit is 1,269 mt for 2024 and 2025.
Under the PCTC Program, PCTC Program cooperatives are required to
collectively set aside up to twelve percent of the trawl CV A-season
allocation for delivery to an AI shoreplant in years in which an AI
community representative notifies NMFS of the intent to process PCTC
Program Pacific cod in the City of Adak or City of Atka (Sec.
679.132). A notice of intent to process PCTC Program Pacific cod 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 AI 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 final 2024 and 2025 Pacific cod TACs, table 9 and
table 10 list 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). The CDQ allocation by CDQ
groups is listed in table 22.
Table 9--Final 2024 Sector Allocations and Seasonal Allowances of the BSAI Pacific Cod TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2024 Share of 2024 Seasonal allowances
Sector Percent gear sector 2024 Share of --------------------------------
total sector total Season Amount
----------------------------------------------------------------------------------------------------------------
Total Bering Sea TAC.............. n/a 147,753 n/a n/a................. n/a
Bering Sea CDQ.................... n/a 15,810 n/a See Sec. n/a
679.20(a)(7)(i)(B).
Bering Sea non-CDQ TAC............ n/a 131,943 n/a n/a................. n/a
Total Aleutian Islands TAC........ n/a 8,080 n/a n/a................. n/a
Aleutian Islands CDQ.............. n/a 865 n/a See Sec. n/a
679.20(a)(7)(i)(B).
Aleutian Islands non-CDQ TAC...... n/a 7,215 n/a n/a................. n/a
Western Aleutians Islands Limit... n/a 1,269 n/a n/a................. n/a
Total BSAI non-CDQ TAC \1\........ 100.0 139,159 n/a n/a................. n/a
Total hook-and-line/pot gear...... 60.8 84,609 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 84,109 n/a n/a................. n/a
Hook-and-line catcher/processors.. 48.7 n/a 67,370 n/a................. n/a
A-season...................... Jan 1-Jun 10........ 34,359
B-season...................... Jun 10-Dec 31....... 33,011
Hook-and-line catcher vessels >=60 0.2 n/a 277 n/a................. n/a
ft LOA.
A-season...................... Jan 1-Jun 10........ 141
B-season...................... Jun 10-Dec 31....... 136
Pot catcher/processors............ 1.5 n/a 2,075 n/a................. n/a
Pot catcher/processors A- Jan 1-Jun 10........ 1,058
season.
Pot catcher/processors B- Sept 1-Dec 31....... 1,017
season.
Pot catcher vessels >=60 ft LOA... 8.4 n/a 11,620 n/a................. n/a
A-season...................... Jan 1-Jun 10........ 5,926
B-season...................... Sept 1-Dec 31....... 5,694
Catcher vessels <60 ft LOA using 2.0 n/a 2,767 n/a................. n/a
hook-and-line or pot gear.
Trawl catcher vessels \3\......... 22.1 30,754 n/a n/a................. n/a
A-season ICA.................. Jan 20-Apr 1........ 1,500
A-season PCTC................. Jan 20-Apr 1........ 21,258
B-season ICA.................. Apr 1-Jun 10........ 700
B-season PCTC................. Apr 1-Jun 10........ 2,683
C-season trawl catcher vessels Jun 10-Nov 1........ 4,613
AFA trawl catcher/processors...... 2.3 3,201 n/a n/a................. n/a
A-season...................... Jan 20-Apr 1........ 2,400
B-season...................... Apr 1-Jun 10........ 800
[[Page 17299]]
C-season...................... Jun 10-Nov 1........ .........
Amendment 80...................... 13.4 18,647 n/a n/a................. n/a
A-season...................... Jan 20-Apr 1........ 13,985
B-season...................... Apr 1-Jun 10........ 4,662
C-season...................... Jun 10-Dec 31....... .........
Jig............................... 1.4 1,948 n/a n/a................. n/a
A-season...................... Jan 1-Apr 30........ 1,169
B-season...................... Apr 30-Aug 31....... 390
C-season...................... Aug 31-Dec 31....... 390
----------------------------------------------------------------------------------------------------------------
Note: Seasonal or sector apportionments may not total precisely due to rounding.
\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 is deducted from the aggregate portion of Pacific cod TAC
allocated to the hook-and-line and pot sectors. The Regional Administrator approves an ICA of 500 mt based on
anticipated incidental catch by these sectors in other fisheries.
\3\ The A and B season trawl CV Pacific cod allocation is 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 approves 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.
Table 10--Final 2025 Sector Allocations and Seasonal Allowances of the BSAI Pacific Cod TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2025 Share of 2025 Seasonal allowances
Sector Percent gear sector 2025 Share of --------------------------------
total sector total Season Amount
----------------------------------------------------------------------------------------------------------------
Total Bering Sea TAC.............. n/a 132,726 n/a n/a................. n/a
Bering Sea CDQ.................... n/a 14,202 n/a See Sec. n/a
679.20(a)(7)(i)(B).
Bering Sea non-CDQ TAC............ n/a 118,524 n/a n/a................. n/a
Total Aleutian Islands TAC........ n/a 8,080 n/a n/a................. n/a
Aleutian Islands CDQ.............. n/a 865 n/a See Sec. n/a
679.20(a)(7)(i)(B).
Aleutian Islands non-CDQ TAC...... n/a 7,215 n/a n/a................. n/a
Western Aleutians Islands Limit... n/a 1,269 n/a n/a................. n/a
Total BSAI non-CDQ TAC \1\........ 100.0 125,740 n/a n/a................. n/a
Total hook-and-line/pot gear...... 60.8 76,450 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 75,950 n/a n/a................. n/a
Hook-and-line catcher/processors.. 48.7 n/a 60,835 n/a................. n/a
A-season...................... Jan 1-Jun 10........ 31,026
B-season...................... Jun 10-Dec 31....... 29,809
Hook-and-line catcher vessels >=60 0.2 n/a 250 n/a................. n/a
ft LOA.
A-season...................... Jan 1-Jun 10........ 127
B-season...................... Jun 10-Dec 31....... 122
Pot catcher/processors............ 1.5 n/a 1,874 n/a................. n/a
Pot catcher/processors A- Jan 1-Jun 10........ 956
season.
Pot catcher/processors B- Sept 1-Dec 31....... 918
season.
Pot catcher vessels >=60 ft LOA... 8.4 n/a 10,493 n/a................. n/a
A-season...................... Jan 1-Jun 10........ 5,351
B-season...................... Sept 1-Dec 31....... 5,142
Catcher vessels <60 ft LOA using 2.0 n/a 2,498 n/a................. n/a
hook-and-line or pot gear.
Trawl catcher vessels \3\......... 22.1 27,788 n/a n/a................. n/a
A-season ICA.................. Jan 20-Apr 1........ 1,500
A-season PCTC................. Jan 20-Apr 1........ 19,063
B-season ICA.................. Apr 1-Jun 10........ 700
B-season PCTC................. Apr 1-Jun 10........ 2,357
C-season trawl catcher vessels Jun 10-Nov 1........ 4,168
AFA trawl catcher/processors...... 2.3 2,892 n/a n/a................. n/a
A-season...................... Jan 20-Apr 1........ 2,169
B-season...................... Apr 1-Jun 10........ 723
C-season...................... Jun 10-Nov 1........ .........
Amendment 80...................... 13.4 16,849 n/a n/a................. n/a
A-season...................... Jan 20-Apr 1........ 12,637
B-season...................... Apr 1-Jun 10........ 4,212
C-season...................... Jun 10-Dec 31....... .........
Jig............................... 1.4 1,760 n/a n/a................. n/a
A-season...................... Jan 1-Apr 30........ 1,056
B-season...................... Apr 30-Aug 31....... 352
[[Page 17300]]
C-season...................... Aug 31-Dec 31....... 352
----------------------------------------------------------------------------------------------------------------
\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 is deducted from the aggregate portion of Pacific cod TAC
allocated to the hook-and-line and pot sectors. The Regional Administrator approves an ICA of 500 mt based on
anticipated incidental catch by these sectors in other fisheries.
\3\ The A and B season trawl CV Pacific cod allocation is 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 approves 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.
Table 11--Final 2024 PCTC Cooperative Allocations and PSC Allowances
[Pacific cod and Pacific halibut amounts are in metric tons. Crab are in number of animals.]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total A Season B Season
Cooperative name \1\ Pacific cod Pacific cod Pacific cod Halibut Red king C. opilio Zone 1 c. Zone 2 c.
CQ CQ CQ crab COBLZ bairdi bairdi
--------------------------------------------------------------------------------------------------------------------------------------------------------
GA Catcher Vessels Association.................. 894 794 100 9.599 61 1,050 1,253 1,044
Akutan Cod Association.......................... 14,256 12,658 1,598 8.703 55 952 1,136 947
Usixty PCTC Association......................... 811 720 91 9.475 60 1,037 1,237 1,031
Katie Ann Cod Cooperative....................... 883 784 99 50.54 325 5,531 6,601 5,501
USS Cod Cooperative............................. 2,389 2,122 268 153.03 984 16,750 19,987 16,656
Unified Cod Cooperative......................... 4,708 4,180 528 25.649 164 2,807 3,350 2,791
-------------------------------------------------------------------------------------------------------
Totals...................................... 23,942 21,258 2,684 257 1,653 28,130 33,567 27,973
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Totals may not add up due to rounding.
\1\ The 2025 allocations for PCTC Cooperatives will not be known until eligible participants apply for participation in the program by November 1, 2024.
Sablefish Gear Allocation
Sections 679.20(a)(4)(iii) and (iv) require allocation of the
sablefish TAC for the BS and AI subareas between the trawl gear and
fixed gear sectors. 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 in the BS and AI 7.5 percent of the trawl gear allocation
of sablefish TAC from the non-specified reserve, established under
Sec. 679.20(b)(1)(i), be assigned to the CDQ reserve.
The Council recommended that only trawl sablefish TAC be
established biennially. The harvest specifications for the 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 12 lists the 2024
and 2025 gear allocations of the sablefish TAC and CDQ reserve amounts.
Allocations among CDQ groups are listed in table 22.
Table 12--Final 2024 and 2025 Gear Shares and CDQ Reserve of BSAI Sablefish TACs
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2024 Share of 2024 CDQ 2025 Share of 2025 CDQ
Subarea and gear Percent of TAC TAC 2024 ITAC reserve TAC 2025 ITAC reserve
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea:
Trawl gear \1\...................... 50 3,998 3,398 300 4,750 4,038 356
Fixed gear \2\...................... 50 3,998 3,198 800 n/a n/a n/a
---------------------------------------------------------------------------------------------------------------
Total........................... 100 7,996 6,597 1,099 4,750 4,038 356
Aleutian Islands:
Trawl gear \1\...................... 25 2,110 1,794 158 2,110 1,794 158
Fixed gear \2\...................... 75 6,330 5,064 1,266 n/a n/a n/a
---------------------------------------------------------------------------------------------------------------
Total........................... 100 8,440 6,858 1,424 2,110 1,794 158
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Seasonal or sector apportionments may not total precisely due to rounding.
\1\ For the sablefish TAC allocated to vessels using trawl gear, 15 percent of TAC is apportioned to the non-specified reserve (Sec. 679.20(b)(1)(i)).
The ITAC for vessels using trawl gear is the remainder of the TAC after subtracting this reserve. In the BS and AI, 7.5 percent of the trawl gear
allocation of the TAC is assigned from the non-specified reserve to the CDQ reserve (Sec. 679.20(b)(1)(ii)(D)(1)).
[[Page 17301]]
\2\ For the portion of 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 subtracting the CDQ reserve for
each subarea. The Council recommended, and NMFS concurs, that specifications for the fixed gear sablefish IFQ fisheries be limited to one year.
Allocation of the AI Pacific Ocean Perch, and BSAI Flathead Sole, Rock
Sole, and Yellowfin Sole TACs
Sections 679.20(a)(10)(i) and (ii) require that NMFS allocate AI
Pacific ocean perch and BSAI flathead sole, rock sole, and yellowfin
sole ITACs between the Amendment 80 sector and the BSAI trawl limited
access sector, after subtracting 10.7 percent for the CDQ reserves and
ICAs for the BSAI trawl limited access sector and vessels using non-
trawl gear. The allocations of the ITACs for AI Pacific ocean perch and
BSAI flathead sole, rock sole, and yellowfin sole to the Amendment 80
sector are established in accordance with tables 33 and 34 to 50 CFR
part 679 and with Sec. 679.91.
One Amendment 80 cooperative has formed for the 2024 fishing year.
Because all Amendment 80 vessels are part of the sole Amendment 80
cooperative, no allocation to the Amendment 80 limited access sector is
required for 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. Tables 13 and 14 list
the 2024 and 2025 allocations of the AI Pacific ocean perch and BSAI
flathead sole, rock sole, and yellowfin sole TACs. Allocations among
the CDQ groups are listed in table 22.
Table 13--Final 2024 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAs), and Amendment 80 Allocations of the Aleutian Islands
Pacific Ocean Perch and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACs
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific ocean perch Flathead sole Rock sole Yellowfin sole
-----------------------------------------------------------------------------------------------
Sector Eastern Central Western
Aleutian Aleutian Aleutian BSAI BSAI BSAI
district district district
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC..................................................... 7,969 5,521 12,500 35,500 66,000 195,000
CDQ..................................................... 853 591 1,338 3,799 7,062 20,865
ICA..................................................... 100 60 10 3,000 6,000 4,000
BSAI trawl limited access............................... 702 487 223 .............. .............. 32,996
Amendment 80............................................ 6,315 4,383 10,929 28,702 52,938 137,139
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Sector apportionments may not total precisely due to rounding.
Table 14--Final 2025 Community Development Quota (CDC) Reserves, Incidental Catch Amounts (ICAs), and Amendment 80 Allocations of the Aleutian Islands
Pacific Ocean Perch and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACs
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific ocean perch Flathead sole Rock sole Yellowfin sole
-----------------------------------------------------------------------------------------------
Sector Eastern Central Western
Aleutian Aleutian Aleutian BSAI BSAI BSAI
district district district
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC..................................................... 7,828 5,423 12,500 35,500 66,000 195,000
CDQ..................................................... 838 580 1,338 3,799 7,062 20,865
ICA..................................................... 100 60 10 3,000 6,000 4,000
BSAI trawl limited access............................... 689 478 223 .............. .............. 32,996
Amendment 80 \1\........................................ 6,201 4,304 10,929 28,702 52,938 137,139
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Sector apportionments may not total precisely due to rounding.
\1\ 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.
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
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 Amendment 80
cooperatives ABC reserve to be the ratio of each cooperatives' quota
share units and the total Amendment 80 quota share units, multiplied by
the Amendment 80 ABC
[[Page 17302]]
reserve for each respective species. Table 15 lists the 2024 and 2025
ABC surplus and ABC reserves for BSAI flathead sole, rock sole, and
yellowfin sole. The ABC reserves for the CDQ groups are listed in table
22.
Table 15--Final 2024 and 2025 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]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2024 Flathead 2024 Yellowfin 2025 \1\ 2025 \1\ Rock 2025 \1\
Sector sole 2024 Rock sole sole Flathead sole sole Yellowfin sole
--------------------------------------------------------------------------------------------------------------------------------------------------------
ABC..................................................... 67,289 122,091 265,913 68,203 122,535 276,917
TAC..................................................... 35,500 66,000 195,000 35,500 66,000 195,000
ABC surplus............................................. 31,789 56,091 70,913 32,703 56,535 81,917
ABC reserve............................................. 31,789 56,091 70,913 32,703 56,535 81,917
CDQ ABC reserve......................................... 3,401 6,002 7,588 3,499 6,049 8,765
Amendment 80 ABC reserve................................ 28,388 50,089 63,325 29,204 50,486 73,152
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ 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.
PSC Limits for Halibut, Salmon, Crab, and Herring
Section 679.21 (b), (e), (f), and (g), set forth the BSAI PSC
limits. Section 679.21(b)(1) establishes three fixed halibut PSC limits
totaling 1,770 mt, and assigns 315 mt of the halibut PSC limit as the
PSQ reserve for use by the groundfish CDQ Program, 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. An additional
amount of BSAI halibut PSC limit for the Amendment 80 sector is
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. In accordance with Sec.
679.21(b)(1)(i), NMFS uses both halibut biomass estimates such that the
value at the intercept of those survey indices from table 58 to 50 CFR
part 679 is the Amendment 80 sector halibut PSC limit. 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 6,462 mt and is in the ``low''
abundance state. Pursuant to table 58 to 50 CFR part 679, the 2024
Amendment 80 sector halibut PSC limit is 1,396 mt. NMFS will publish
the 2025 Amendment 80 sector halibut PSC limit in the 2025 and 2026
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 in table 20, and Sec. 679.21(b)(1)(ii)(A) and (B),
(e)(3)(i)(B), and (e)(3)(iv) require apportionment of the trawl PSC
limits in tables 17, 18, and 19 into PSC allowances among seven fishery
categories. These apportionments into PSC allowances are based on the
fishery categories' share of anticipated halibut PSC during the fishing
year and the need to optimize the amount of total groundfish harvested
under the halibut PSC limit for the non-trawl and trawl sectors.
Pursuant to Section 3.6 of the FMP, the Council recommends that
certain specified non-trawl fisheries be exempt from the halibut PSC
limit. NMFS concurs with this recommendation and exempts the pot gear
fishery, the jig gear fishery, and the sablefish IFQ fixed gear fishery
categories from halibut bycatch restrictions for the following reasons:
(1) the pot gear fisheries have low halibut bycatch mortality; (2) NMFS
estimates halibut mortality for the jig gear fleet to be negligible
because of the small size of the fishery and the selectivity of the
gear; and (3) the sablefish and halibut IFQ fisheries have low halibut
bycatch mortality because the IFQ program requires that legal-size
halibut be retained by vessels using fixed gear if a halibut IFQ permit
holder or a hired master is aboard and is holding unused halibut IFQ
for that vessel category and the IFQ regulatory area in which the
vessel is operating (see Sec. 679.7(f)(11)).
The 2023 total groundfish catch for the pot gear fishery in the
BSAI was 43,527 mt, with an associated halibut bycatch mortality of 9
mt. The 2023 jig gear fishery harvested 22 mt total 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: (1) past bycatch performance; (2)
whether Chinook salmon bycatch incentive plan agreements (IPAs) are
formed and approved by NMFS; and (3) 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 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,
[[Page 17303]]
based on the State's estimate that Chinook salmon abundance in western
Alaska is less than 250,000 Chinook salmon. In addition, all AFA
sectors are participating in NMFS-approved IPAs, and no sector has
exceeded the sector's annual Chinook salmon bycatch performance
standard in any three of seven consecutive years. 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). 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). The AFA sector Chinook salmon PSC limits are also
seasonally apportioned with 70 percent for the A season pollock
fishery, and 30 percent for the B season pollock fishery (see
Sec. Sec. 679.21(f)(3)(i) and 679.23(e)(2)). NMFS publishes the
approved IPAs, allocations, and reports at https://alaskafisheries.noaa.gov/sustainablefisheries/bycatch/default.htm.
Section 679.21(g)(2)(i) specifies 700 fish as the 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 approves, that the RKCSS red king crab bycatch limit for 2024 and
2025 be equal to 25 percent of the red king crab PSC limit.
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 is 4.350 million animals.
Pursuant to Sec. 679.21(e)(1)(v), the PSC limit of Pacific herring
caught while conducting any trawl operation for BSAI groundfish is 1
percent of the annual eastern BS herring biomass. The best estimate of
2024 and 2025 herring biomass is 253,511 mt. This amount was developed
by ADF&G based on biomass for spawning aggregations. Therefore, the
herring PSC limit for 2024 and 2025 is 2,535 mt for all trawl gear as
listed in tables 16 and 17.
Section 679.21(e)(3)(i)(A)(1) allocates 10.7 percent from 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 gear crab PSC limits.
The crab and halibut PSC limits apportioned to the Amendment 80 and
BSAI trawl limited access sectors are listed in table 35 to 50 CFR part
679. The resulting 2024 and 2025 allocations of PSC limit to CDQ PSQ
reserves, the Amendment 80 sector, and the BSAI trawl limited access
sector are listed in table 16. Pursuant to Sec. Sec. 679.21(b)(1)(i),
679.21(e)(3)(vi), and 679.91(d) through (f), crab and halibut trawl PSC
limits assigned to the Amendment 80 sector are then further allocated
to Amendment 80 cooperatives as cooperative quota. Crab and halibut PSC
cooperative quota assigned to Amendment 80 cooperatives is not
allocated to specific fishery categories.
In 2024, there are no vessels in the Amendment 80 limited access
sector and there is a single Amendment 80 cooperative. The 2025 PSC
allocations between Amendment 80 cooperatives and the Amendment 80
limited access sector will not be known until eligible participants
apply for participation in the program by November 1, 2024.
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 trawl CV sector for 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 limits of halibut and crab PSC
for the PCTC Program are listed in tables 18 and 19, and in table 11
for PSC allowances for PCTC Program cooperatives.
[[Page 17304]]
Sections 679.21(b)(2) and (e)(5) authorize NMFS, after consulting
with the Council, to establish seasonal apportionments of halibut and
crab PSC amounts for the BSAI trawl limited access and non-trawl
sectors to maximize the ability of the fleet to harvest the available
groundfish TAC and to minimize bycatch. The factors to be considered
are: (1) seasonal distribution of prohibited species; (2) seasonal
distribution of target groundfish species relative to prohibited
species distribution; (3) PSC bycatch needs on a seasonal basis
relevant to prohibited species biomass and expected catches of target
groundfish species; (4) the expected variations in bycatch rates
throughout the year; (5) the expected changes in directed groundfish
fishing seasons; (6) the expected start of fishing effort; and (7)
economic effects of establishing seasonal prohibited species
apportionments on segments of the target groundfish industry. Based on
this criteria, the Council recommended and NMFS approves the seasonal
PSC apportionments in tables 18, 19, and 20 to maximize harvest among
gear types, fisheries, and seasons while minimizing bycatch of PSC. PSC
limits for PCTC Program cooperatives are listed in table 11. PSC
allocations among the CDQ groups are listed in table 22.
Table 16--Final 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 limits
PSC species and area and zone \1\ Total PSC Non-trawl PSC CDQ PSQ remaining Amendment 80 limited access not allocated to
reserve \2\ after CDQ PSQ sector 3 4 sector Amendment 80 \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Halibut mortality (mt) BSAI.......... 3,166 710 315 n/a 1,396 745 n/a
Herring (mt) BSAI.................... 2,535 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 BSAI halibut PSC limit for the Amendment 80 sector is 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 (Sec. 679.21(b)(1)(i)). The Amendment 80 Program reduced
apportionment of the trawl PSC limits for crab below the total PSC limit. These reductions are not apportioned to other gear types or sectors (table
35 to part 679).
\4\ The Pacific Cod Trawl Cooperative (PCTC) Program reduced the Pacific cod PCTC Program PSC limit for halibut by 12.5 percent in 2024 and 25 percent
in 2025 and each year after (Sec. 679.131(c)(1)(iii)(A and B)). The PCTC Program reduced the Pacific cod PCTC Program PSC limit for crab by 35
percent each year (679.131(d)(1)(iii)). The PSC limits apply to PCTC Program trawl CVs in the A and B seasons.
Table 17--Final 2024 and 2025 Herring and Red King Crab Savings Subarea
Prohibited Species Catch Allowances for All Trawl Sectors
------------------------------------------------------------------------
Red king crab
Fishery categories Herring (mt) (animals) Zone
BSAI 1
------------------------------------------------------------------------
Yellowfin sole.......................... 146 n/a
Rock sole/flathead sole/Alaska plaice/ 74 n/a
other flatfish \1\.....................
Greenland turbot/arrowtooth flounder/ 8 n/a
Kamchatka flounder/sablefish...........
Rockfish................................ 8 n/a
Pacific cod............................. 13 n/a
Midwater trawl pollock.................. 2,256 n/a
Pollock/Atka mackerel/other species 2 3. 30 n/a
Red king crab savings subarea non- n/a 24,250
pelagic trawl gear \4\.................
-------------------------------
Total trawl PSC..................... 2,535 97,000
------------------------------------------------------------------------
Note: Species apportionments may not total precisely due to rounding.
\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 December 2024, the Council recommended, and NMFS approves, that
the red king crab bycatch limit for non-pelagic trawl fisheries within
the RKCSS be limited to 25 percent of the red king crab PSC allowance
(see Sec. 679.21(e)(3)(ii)(B)(2)).
[[Page 17305]]
Table 18--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 Halibut Red king crab C. opilio C. bairdi (animals)
fisheries mortality (mt) (animals) Zone (animals) -------------------------------
BSAI 1 COBLZ Zone 1 Zone 2
----------------------------------------------------------------------------------------------------------------
Yellowfin sole.................. 250 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\........... 315 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 257 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 37 890 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..........
----------------------------------------------------------------------------------------------------------------
Note: Species apportionments 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\ Amendment 122 established the Pacific Cod Trawl Cooperative (PCTC) Program that further apportioned the BSAI
trawl limited access sector Pacific cod PSC limits for halibut and crab between AFA CPs, PCTC A and B-season,
and open access C-season (Sec. 679.131(c) and (d)). In 2024, NMFS will apply a 12.5 percent reduction to the
A and B season trawl CV sector halibut PSC apportionment after the Council recommends and NMFS approves the
BSAI trawl limited access sector's PSC limit apportionments to fishery categories (Sec. 679.131(c)(1)(iii)).
In 2025 and every year thereafter, NMFS will apply a 25 percent reduction to the A and B season trawl CV
sector halibut PSC apportionment. The crab PSC limits are reduced for the A and B season trawl CV sector PSC
limit by 35 percent each year (Sec. 679.131(d)(1)(iii)). Any amount of the PCTC Program PSC limit remaining
after the B season may be reapportioned to the trawl CV open access fishery in the C season. Because the
annual PSC limits 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 reduction 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.
Table 19--Final 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) Zone (animals) -------------------------------
BSAI 1 COBLZ Zone 1 Zone 2
----------------------------------------------------------------------------------------------------------------
Yellowfin sole.................. 250 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\........... 315 2,955 50,281 60,000 50,000
AFA CP Pacific cod.............. 6 278 4,726 5,640 4,700
PCTC Program Pacific cod, 220 1,653 28,130 33,567 27,973
January 20-June 10.............
Trawl CV Pacific cod, June 10- 16 134 2,278 2,718 2,265
November 1.....................
PCTC Program unallocated 73 890 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..........
----------------------------------------------------------------------------------------------------------------
Note: Species apportionments 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\ Amendment 122 established the Pacific Cod Trawl Cooperative (PCTC) Program that further apportioned the BSAI
trawl limited access sector Pacific cod PSC limits for halibut and crab between AFA CPs, PCTC A and B-season,
and open access C-season (Sec. 679.131(c) and (d)). In 2025 and every year thereafter, NMFS will apply a 25
percent reduction to the A and B season trawl CV sector halibut PSC apportionment after the Council recommends
and NMFS approves the BSAI trawl limited access sector's PSC limit apportionments to fishery categories (Sec.
679.131(c)(1)(iii)). The crab PSC limits are reduced for the A and B season trawl CV sector PSC limit by 35
percent each year (Sec. 679.131(d)(1)(iii)). Any amount of the PCTC Program PSC limit remaining after the B
season may be reapportioned to the trawl CV open access fishery in the C season. Because the annual PSC limits
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 reduction 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.
[[Page 17306]]
Table 20--Final 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........................... Total Pacific cod....... 648 13 661
January 1-June 10....... 388 9 n/a
June 10-August 15....... 162 2 n/a
August 15-December 31... 98 2 n/a
Non-Pacific cod non-trawl-Total....... May 1-December 31....... n/a n/a 49
Groundfish pot and jig................ n/a..................... n/a n/a Exempt
Sablefish hook-and-line............... n/a..................... n/a n/a Exempt
-----------------------------------------------
Total for all non-trawl PSC....... n/a..................... n/a n/a 710
----------------------------------------------------------------------------------------------------------------
Note: Seasonal or sector allowances may not total precisely due to rounding.
Estimates of Halibut Biomass and Stock Condition
The IPHC annually assesses the abundance and potential yield of the
Pacific halibut stock using all available data from the commercial and
sport fisheries, other removals, and scientific surveys. Additional
information on the Pacific halibut stock assessment may be found in the
IPHC's 2023 Pacific halibut stock assessment (December 2023), available
on the IPHC website at https://www.iphc.int. The IPHC considered the
2023 Pacific halibut stock assessment at its January 2024 annual
meeting when it set the 2024 commercial halibut fishery catch limits.
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 continues to ensure that NMFS is using DMRs that
accurately reflect halibut mortality, which will inform the sectors of
their estimated halibut mortality and allow sectors to respond with
methods that could reduce mortality and, eventually, the DMR for that
sector.
At the December 2023 meeting, the SSC, AP, and the Council
concurred with the revised DMR estimation methodology, and NMFS adopts
for 2024 and 2025 the DMRs calculated under the revised methodology,
which uses an updated 2-year reference period, except pot gear uses an
updated 4-year reference period. The final 2024 and 2025 DMRs in this
rule are unchanged from the DMRs in the proposed 2024 and 2025 harvest
specifications (88 FR 84278, December 5, 2023). Table 21 lists these
final 2024 and 2025 DMRs.
Table 21--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/processor.... 7
Hook-and-line................. Catcher vessel....... 7
Pot........................... All.................. 26
------------------------------------------------------------------------
Community Development Quota Group Quotas
In 2006, Public Law 109-241 amended section 305(i)(1) of the
Magnuson-Stevens Act (16 U.S.C. 1855(i)). This law specifies the
allocation of CDQ groundfish and PSC amounts among the six CDQ groups.
The six groups are the Aleutian Pribilof Island Community Development
Association (APICDA), Bristol Bay Economic Development Corporation
(BBEDC), Central Bering Sea Fisherman's Association (CBSFA), Coastal
Villages Regional Fund (CVRF), Norton Sound Economic Development
Corporation (NSEDC), and Yukon Delta
[[Page 17307]]
Fisheries Development Association (YDFDA). NMFS published the CDQ and
CDQ PSQ percentages on August 31, 2006 (71 FR 51804, August 31, 2006).
Those percentages applied to the CDQ amounts in these harvest
specifications are shown in table 22.
Table 22--2024 CDQ Program Quota Categories, Target CDQ Reserves, Prohibited Species Quota (PSQ) Reserves, and CDQ Group Quotas
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species or species group APICDA BBEDC CBSFA CVRF NSEDC YDFDA Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Groundfish CDQ Species CDQ Group Quotas
--------------------------------------------------------------------------------------------------------------------------------------------------------
Groundfish units are in metric tons
--------------------------------------------------------------------------------------------------------------------------------------------------------
BS Pollock A season.......................................... 8,190 12,285 2,925 14,040 12,870 8,190 58,500
BS Pollock B season.......................................... 10,010 15,015 3,575 17,160 15,730 10,010 71,500
BS Pollock Total............................................. 18,200 27,300 6,500 31,200 28,600 18,200 130,000
AI Pollock................................................... 266 399 95 456 418 266 1,900
BS FG Sablefish.............................................. 120 160 128 ........... 144 248 800
AI FG Sablefish.............................................. 177 241 38 342 291 177 1,266
BS Sablefish................................................. 63 66 27 39 39 66 300
AI Sablefish................................................. 41 32 13 21 19 33 158
BS Pacific cod............................................... 2,371 3,320 1,423 2,846 2,846 3,004 15,810
AI Pacific cod............................................... 130 182 78 156 156 164 865
WAI Atka Mackerel............................................ 770 385 205 385 359 462 2,565
CAI Atka Mackerel............................................ 538 269 143 269 251 323 1,793
EAI/BS Atka Mackerel......................................... 1,036 518 276 518 483 621 3,452
Yellowfin Sole............................................... 5,842 5,008 1,669 1,252 1,461 5,634 20,865
Yellowfin Sole ABC reserves.................................. 2,125 1,821 607 455 531 2,049 7,588
Rock Sole.................................................... 1,695 1,624 565 777 777 1,624 7,062
Rock Sole ABC reserves....................................... 1,440 1,380 480 660 660 1,380 6,002
BS Greenland Turbot.......................................... 46 58 23 49 55 58 288
Arrowtooth Flounder.......................................... 330 330 135 195 180 330 1,498
Flathead Sole................................................ 760 798 342 570 570 760 3,799
Flathead Sole ABC reserves................................... 680 714 306 510 510 680 3,401
WAI Pacific Ocean Perch...................................... 401 201 107 201 187 241 1,338
CAI Pacific Ocean Perch...................................... 177 89 47 89 83 106 591
EAI Pacific Ocean Perch...................................... 256 128 68 128 119 153 853
--------------------------------------------------------------------------------------------------------------------------------------------------------
PSQ
--------------------------------------------------------------------------------------------------------------------------------------------------------
Halibut PSQ is in metric tons. Crab and salmon PSQ are in number of animals
--------------------------------------------------------------------------------------------------------------------------------------------------------
Zone 1 Red King Crab......................................... 2,491 2,180 830 1,245 1,245 2,387 10,379
Zone 1 Bairdi Tanner Crab.................................... 27,264 25,166 8,389 8,389 8,389 27,264 104,860
Zone 2 Bairdi Tanner Crab.................................... 76,270 73,092 25,423 34,957 31,779 76,270 317,790
COBLZ Opilio Tanner Crab..................................... 116,363 111,708 37,236 46,545 37,236 116,363 465,450
Pacific Halibut.............................................. 69 69 28 38 38 72 315
BS Chinook Salmon A season................................... 547 820 195 937 859 547 3,906
BS Chinook Salmon B season................................... 139 208 50 238 218 139 990
BS Chinook Salmon total...................................... 685 1,028 245 1,175 1,077 685 4,896
AI Chinook Salmon............................................ 7 11 3 13 12 7 53
Non-Chinook Salmon........................................... 629 944 225 1,079 989 629 4,494
--------------------------------------------------------------------------------------------------------------------------------------------------------
Directed Fishing Closures
In accordance with Sec. 679.20(d)(1)(i), the Regional
Administrator may establish a DFA for a species or species group if the
Regional Administrator determines that any allocation or apportionment
of a target species has been or will be reached. If the Regional
Administrator establishes a DFA, and that allowance is or will be
reached before the end of the fishing year, NMFS will prohibit directed
fishing for that species or species group in the specified subarea,
regulatory area, or district (see Sec. 679.20(d)(1)(iii)). Similarly,
pursuant to Sec. 679.21(b)(4) and (e)(7), if the Regional
Administrator determines that a fishery category's bycatch allowance of
halibut, red king crab, C. bairdi crab, or C. opilio crab for a
specified area has been reached, the Regional Administrator will
prohibit directed fishing for each species or species group in that
fishery category in the area specified by regulation for the remainder
of the season or fishing year.
Based on historical catch patterns and anticipated fishing
activity, the Regional Administrator has determined that the groundfish
allocation amounts in table 23 will be necessary as incidental catch to
support other anticipated groundfish fisheries for the 2024 and 2025
fishing years. Consequently, in accordance with Sec. 679.20(d)(1)(i),
the Regional Administrator establishes the DFA for the species and
species groups in table 23 as zero mt. Therefore, in accordance with
Sec. 679.20(d)(1)(iii), NMFS is prohibiting directed fishing for these
sectors and species or species groups in the specified areas effective
at 1200 hours, A.l.t., March 11, 2024, through 2400 hours, A.l.t.,
December 31, 2025. Also, for the BSAI trawl limited access sector,
bycatch allowances of halibut, red king crab, C. bairdi crab, and C.
opilio crab listed in table 23 are insufficient to support directed
fisheries for the species and species groups listed in table 23.
Therefore, in accordance with Sec. 679.21(b)(4)(i) and (e)(7), NMFS is
prohibiting directed fishing for these sectors, species, and fishery
categories in the specified areas effective at 1200
[[Page 17308]]
hours, A.l.t., March 11, 2024, through 2400 hours, A.l.t., December 31,
2025.
Table 23--2024 and 2025 Directed Fishing Closures \1\
[Groundfish and halibut amounts are in metric tons. Crab amounts are in number of animals.]
----------------------------------------------------------------------------------------------------------------
2024 2025
Incidental Incidental
Area Sector Species catch catch
allowance allowance
----------------------------------------------------------------------------------------------------------------
Bogoslof District................. All.................. Pollock.............. 250 250
Aleutian Islands subarea.......... All.................. Greenland Turbot..... 426 366
Aleutian Islands subarea.......... All.................. ICA pollock.......... 3,420 3,420
``Other rockfish'' 380 380
\2\.
Aleutian Islands subarea.......... Trawl non-CDQ........ Sablefish............ 1,794 1,794
Eastern Aleutian District/Bering Non-amendment 80, ICA Atka mackerel.... 800 800
Sea. CDQ, and BSAI trawl
limited access.
Eastern Aleutian District/Bering All.................. Blackspotted/Rougheye 330 350
Sea. rockfish.
Eastern Aleutian District......... Non-amendment 80, ICA Pacific ocean 100 100
CDQ, and BSAI trawl perch.
limited access.
Central Aleutian District......... Non-amendment 80, ICA Atka mackerel.... 75 75
CDQ, and BSAI trawl
limited access.
ICA Pacific ocean 60 60
perch.
Western Aleutian District......... Non-amendment 80, CDQ ICA Atka mackerel.... 20 20
and BSAI trawl
limited access.
ICA Pacific ocean 10 10
perch.
Western and Central Aleutian All.................. Blackspotted/Rougheye 181 195
Districts. rockfish.
Bering Sea subarea................ Trawl non-CDQ........ Sablefish............ 3,398 4,038
Bering Sea subarea................ All.................. Pacific ocean perch.. 9,891 9,716
``Other rockfish'' 748 748
\2\. 50,000 50,000
ICA pollock..........
Bering Sea and Aleutian Islands... ..................... Shortraker rockfish.. 451 451
Skates............... 25,941 25,807
Sharks............... 340 340
Octopuses............ 340 340
Hook-and-line and pot ICA Pacific cod...... 500 500
gear.
All.................. ICA flathead sole.... 3,000 3,000
ICA rock sole........ 6,000 6,000
All.................. ICA yellowfin sole... 4,000 4,000
BSAI trawl limited Rock sole/flathead .............. ..............
access. sole/other flatfish--
halibut mortality,
red king crab Zone
1, C. opilio COBLZ,
C. bairdi Zone 1 and
2.
Turbot/arrowtooth/ .............. ..............
Kamchatka/sablefish--
halibut mortality,
red king crab Zone
1, C. opilio COBLZ,
C. bairdi Zone 1 and
2.
Rockfish--red king .............. ..............
crab Zone 1.
----------------------------------------------------------------------------------------------------------------
\1\ Maximum retainable amounts may be found in table 11 to 50 CFR part 679.
\2\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean
perch, northern rockfish, blackspotted/rougheye rockfish, and shortraker rockfish.
Closures implemented under the final 2023 and 2024 BSAI harvest
specifications for groundfish (88 FR 14926, March 10, 2023) remain
effective under authority of these final 2024 and 2025 harvest
specifications and until the date specified in those closure
notifications. Closures are posted at the following website under the
Alaska filter for Management Area: https://www.fisheries.noaa.gov/rules-and-announcements/bulletins. While these closures are in effect,
the maximum retainable amounts at Sec. 679.20(e) and (f) apply at any
time during a fishing trip. These closures to directed fishing are in
addition to closures and prohibitions found at 50 CFR part 679.
Listed AFA Catcher/Processor Sideboard Limits
Pursuant to Sec. 679.64(a), the Regional Administrator is
responsible for restricting the ability of listed AFA CPs to engage in
directed fishing for groundfish species other than pollock to protect
participants in other groundfish fisheries from adverse effects
resulting from the AFA fishery and from fishery cooperatives in the
directed pollock fishery. These restrictions are set out as sideboard
limits on catch. On February 8, 2019, NMFS published a final rule (84
FR 2723) that implemented regulations to prohibit non-exempt AFA CPs
from directed fishing for 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). Section 679.64(a)(1)(v) exempts AFA CPs from a
yellowfin sole sideboard limit because the final 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
[[Page 17309]]
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 24 that are caught by
listed AFA CPs participating in any groundfish fishery other than
pollock will accrue against the final 2024 and 2025 PSC sideboard
limits for the listed AFA CPs. Section 679.21(b)(4)(iii), (e)(3)(v),
and (e)(7) authorizes NMFS to close directed fishing for groundfish
other than pollock for listed AFA CPs once a final 2024 or 2025 PSC
sideboard limit listed in table 24 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 24--Final 2024 and 2025 BSAI AFA Listed Catcher/Processor Prohibited Species Sideboard Limits
----------------------------------------------------------------------------------------------------------------
2024 and 2025 PSC 2024 and 2025 AFA
Ratio of PSC available to catcher/
PSC species and area \1\ catch to total trawl vessels processor
PSC after subtraction sideboard limit
of PSQ \2\ \2\
----------------------------------------------------------------------------------------------------------------
Halibut mortality BSAI.................................... n/a n/a 286
Red king crab Zone 1...................................... 0.0070 86,621 606
C. opilio (COBLZ)......................................... 0.1530 3,884,550 594,336
C. bairdi Zone 1.......................................... 0.1400 875,140 122,520
C. bairdi Zone 2.......................................... 0.0500 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 Catcher Vessel Sideboard Limits
Pursuant to Sec. 679.64(b), the Regional Administrator is
responsible for restricting the ability of AFA CVs to engage in
directed fishing for groundfish species other than pollock to protect
participants in other groundfish fisheries from adverse effects
resulting from the AFA fishery and from fishery cooperatives in the
pollock directed fishery. 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). Section 679.64(b)(6)
exempts AFA CVs from a yellowfin sole sideboard limit because the final
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 25 lists the final 2024 and 2025 AFA CV
groundfish sideboard limits.
Table 25--Final 2024 and 2025 BSAI Pacific Cod Sideboard Limits for American Fisheries Act Catcher Vessels (CVs)
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2024 AFA 2025 AFA
Ratio of 1997 2024 ITAC for catcher vessel 2025 ITAC for catcher vessel
Fishery by area/gear/season AFA CV catch C season sideboard C season sideboard
to 1997 TAC limit limit
----------------------------------------------------------------------------------------------------------------
Pacific cod BSAI................ n/a n/a n/a n/a n/a
Trawl gear CV................... n/a n/a n/a n/a n/a
Jun 10-Nov 1................ 0.8609 4,613 3,971 4,168 3,588
----------------------------------------------------------------------------------------------------------------
Note: Section 679.64(b)(6) exempts AFA catcher vessels from a yellowfin sole sideboard limit because the final
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 26 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) authorizes NMFS to
close directed fishing for groundfish other than pollock for AFA CVs
once a final 2024 or 2025 PSC sideboard limit listed in table 26 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).
[[Page 17310]]
Table 26--Final 2024 and 2025 American Fisheries Act Catcher Vessel Prohibited Species Catch Sideboard Limits
for the BSAI \1\
----------------------------------------------------------------------------------------------------------------
2024 and 2025
AFA catcher PSC limit 2024 and 2025
Target fishery category vessel PSC after AFA catcher
PSC species and area \1\ \2\ sideboard subtraction of vessel PSC
limit ratio PSQ reserves sideboard
\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 sole/ n/a n/a 228
Alaska plaice/other
flatfish \4\.
Greenland turbot/ n/a n/a ..............
arrowtooth/Kamchatka/
sablefish.
Rockfish................ n/a n/a 2
Pollock/Atka mackerel/ n/a n/a 5
other species \5\.
Red king crab Zone 1.................. n/a..................... 0.2990 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.
\2\ Target trawl fishery categories are defined at Sec. Sec. 679.21(b)(1)(ii)(B) and (e)(3)(iv).
\3\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
\4\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole,
and yellowfin sole.
\5\ ``Other species'' for PSC monitoring includes skates, sharks, and octopuses.
Response to Comments
NMFS received 5 letters raising 17 distinct comments during the
public comment period for the proposed BSAI groundfish harvest
specifications (88 FR 84278, December 5, 2023). NMFS's responses are
below.
Comment 1: The BSAI harvest specifications do not consider the
impact of offshore wind on the marine environment.
Response: This is outside of the scope of the harvest
specifications. The final rule implementing the harvest specifications
sets the OFL, ABC, and TAC for target species in the BSAI, but does not
regulate or authorize offshore wind. There is no current or planned
offshore wind project in Alaska State waters or EEZ waters off of
Alaska.
Comment 2: Salmon are important for the cultural well-being of
Alaska native tribes. Climate change is negatively affecting salmon and
additive pressure from the pollock fishery is exacerbating their
declines. Maintaining the status quo TAC for pollock harvest will
result in continued bycatch and impacts to salmon and halibut as the
pollock industry catches more individual salmon and halibut as bycatch
than directed and subsistence fishermen of Alaska are allocated for
their survival and livelihoods.
Response: NMFS recognizes that salmon are paramount to the cultural
well-being for indigenous peoples of Alaska. NMFS also recognizes that
climate change is affecting the survival of western Alaska Chinook and
chum salmon in their freshwater and marine life stages.
The annual TAC setting process is a robust, expansive process that
involves significant scientific input and includes consideration of
current environmental and ecosystem factors (e.g., climate change) and
other marine resources (e.g., salmon and halibut). Scientists from the
AFSC prepare the assessment using sophisticated statistical analyses of
fish populations and draft the written assessment for a species or
species group, which for eastern BS (EBS) pollock is a full assessment
updated annually and for AI pollock is a full assessment updated
biennially. The assessments for the BSAI are informed by the most
recent survey and harvest data available, including multiple surveys in
the EBS scheduled annually and in the AI every other year. The stock
assessment then undergoes rigorous review by the scientists and
resource managers on the Plan Team and SSC.
During this annual TAC setting process, the Plan Team, SSC, AP, and
Council review several sources comprising the best scientific
information available--the ESRs, Ecosystem and Socioeconomic Profiles
(ESP), stock assessments, and Plan Team report--and use all these
materials as reference in their OFL, ABC, and TAC recommendations to
NMFS. NMFS reviews the same information for its annual decision to
implement the OFL, ABC, and TAC for BSAI groundfish. Updates on salmon
abundance estimates, commercial salmon catch, and the physical
environment are included in the ESR and ESP. For an overview of the ESR
and ESP, refer to the response to Comment 3.
The stock assessment author and Plan Team make a recommendation for
OFL and ABC for each species and species group, and the SSC may concur
with this recommendation or make a different recommendation.
Ultimately, the SSC recommends the OFL and ABC (i.e., the biological
reference points) that inform the setting of the TAC (the harvest
target/limit) for each species and species group since TAC cannot
exceed ABC (see Section 3.2.3.4.1 of the FMP and 50 CFR 600.310(g)(4)).
This ensures that the TAC for each species and species group does not
exceed the scientific recommendations for ABC and OFL.
OFL and ABC are calculated using prescribed methods set forth in
the FMP. The FMP specifies a series of six tiers to define OFL and ABC
amounts based on the level of reliable information available to fishery
scientists. Tier 1 represents the highest level of information quality
available, while Tier 6 represents the lowest. The methods for
calculating OFL and ABC (including the ABC control rule) become more
precautionary depending on the tier and stock status: for example, with
less reliable information the larger the buffer (reduction) between OFL
and ABC, and as stock status declines the OFL and ABC are reduced.
The specification of ABC is informed by the ecosystem,
environmental, and socioeconomic factors presented in the ESRs and in
the stock assessment, specifically the stock-specific risk table
prepared for each stock as well as an
[[Page 17311]]
additional ecosystem considerations section prepared for full/
operational assessments like pollock. For EBS pollock, for example, the
ecosystem considerations section of the stock assessment analyzes the
fishery's effects on the ecosystem, such as bycatch of non-target
species like salmon. The 2023 ESRs also provide information on the
status of salmon in the BS ecosystem and AI ecosystem, including
updated information on the abundance of salmon, fish condition, the run
size of Bristol Bay sockeye salmon, the Yukon and Kuskokwim chum runs
and subsistence harvest, abundance and role of eastern Kamchatka pink
salmon in the Aleutian Islands, and trends in directed commercial catch
of salmon. The 2023 EBS ESR also included an overview of foraging and
energetics for Pacific halibut. The specification of the pollock TACs
is therefore based on the best scientific information available on the
status of the pollock stock and accounts for ecosystem, environmental,
and socioeconomic factors, including bycatch of non-target species like
salmon. The 2023 SAFE report chapter for EBS pollock is available at
https://www.npfmc.org/wp-content/PDFdocuments/SAFE/2023/EBSpollock.pdf.
As described above, NMFS and the Council considered the status of
Chinook and chum salmon in the harvest specifications process. In
addition, the harvest specifications announce Chinook bycatch limits
based on promulgated regulations implementing Amendments 91 and 110 to
the FMP. NMFS and the Council have previously taken comprehensive
action through Amendments 91 and 110 to the FMP and implementing
regulations to reduce salmon bycatch in the pollock trawl fishery
because of the potential for negative impacts on salmon stocks.
Existing measures have reduced salmon bycatch in the pollock fishery
compared with what they would have been without the measures.
Regulations set limits on how many Chinook salmon can be caught in a
year in the Bering Sea pollock fishery, and those regulations require
that NMFS announce the applicable Chinook salmon limits in the harvest
specifications (see Sec. 679.21(f)). Pursuant to Sec. 679.21(f), 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: (1) past
bycatch performance; (2) whether Chinook salmon bycatch incentive plan
agreements (IPAs) are formed and approved by NMFS; and (3) whether NMFS
determines it is a low Chinook salmon abundance year (see Sec.
679.21(f)). 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, based on the estimate
provided by the State. The State provides NMFS with 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.
For 2023, NMFS determined it was a low abundance year based on the
State's 3-System Index. In accordance with the regulations at Sec.
679.21(f), NMFS has specified a Chinook salmon PSC limit of 45,000
Chinook salmon, and a Chinook salmon bycatch performance standard of
33,318 Chinook salmon for the 2024 fishing year. NMFS publishes the
approved IPAs, allocations, and reports at https://alaskafisheries.noaa.gov/sustainablefisheries/bycatch/default.htm.
Bycatch of salmon is posted on the NMFS website at https://www.fisheries.noaa.gov/alaska/commercial-fishing/fisheries-catch-and-landings-reports-alaska.
For each fishing year, the Bering Sea pollock fleet is constrained
by the limit of Chinook salmon PSC set in regulation (as explained
above), regardless of the size of the pollock TAC and harvest. The AFA
sectors are prohibited from continuing to fish if their Chinook salmon
PSC limit has been exceeded. Further, if the sector exceeds its
performance standard in 3 of 7 years, that sector becomes constrained
by the performance standard in future years (meaning, the sector would
be subject to a lower PSC limit in future years).
Regulations set limits on Chinook salmon PSC for the AI pollock
fishery and non-Chinook salmon PSC for vessels using trawl gear. These
are static limits set in regulations and are announced in the
groundfish harvest specifications each year. Regulations also set
limits on Pacific halibut PSC in the groundfish fisheries. Section
679.21(b)(1) establishes a fixed halibut PSC of 745 mt for the BSAI
trawl limited access sector. The Council and NMFS apportion for seven
trawl fishery categories a PSC allowance from the fixed limit of 745
mt. Halibut PSC in the pollock fisheries accrues to a specific fishery
category--the pollock/Atka mackerel/other species fishery category, as
specified in regulations. For 2024 and 2025, the allowance for the
pollock/Atka mackerel/other species fishery category is 175 mt (see
tables 18 and 19).
Ultimately, NMFS manages salmon bycatch in the pollock fishery
through a variety of tools that apply at all levels of pollock TAC. The
tools for both salmon and halibut bycatch include the Chinook salmon
PSC limits (which are announced in these annual harvest
specifications), halibut PSC limits set in regulation (which are also
announced in these annual harvest specifications), IPAs to address
Chinook and chum bycatch, and a comprehensive monitoring program to
collect data on bycatch, including salmon and halibut bycatch. The
information from this monitoring program is used to estimate how many
Chinook and chum salmon are caught as bycatch from trawl vessels, where
those fish came from, and whether a potential violation of law
occurred.
NMFS acknowledges the western Alaska salmon crisis and the impact
it is having on culture and food security throughout western Alaska.
Science indicates climate change as the primary driver of poor salmon
returns in western Alaska. Scientists from NMFS continue to study the
impacts of climate change on salmon and halibut. For example,
scientists from NMFS and the State found that recent heat wave events
created conditions where energy allocation and prey quality was
affected and added stress to western Alaska chum salmon at critical
life stages (see Farley, Jr., et al., 2024; https://www.int-res.com/abstracts/meps/v726/p149-160). Additionally, as discussed in the
response to Comment 10, the best scientific evidence indicates that the
numbers of the ocean bycatch that would have returned to western Alaska
rivers would be relatively small due to ocean mortality and the large
number of other river systems contributing to the total Chinook or chum
salmon bycatch.
NMFS and the Council are committed to continued improvements in
bycatch management with a goal of minimizing bycatch at all levels of
abundance for target species (i.e., pollock) and PSC. NMFS and the
Council are currently engaged in a comprehensive process to evaluate
existing measures and develop alternatives that may be necessary to
further reduce chum salmon bycatch. More information on this process
can be found at https://www.npfmc.org/fisheries-issues/bycatch/salmon-bycatch/. However, the Chinook salmon and Pacific halibut PSC limits
and the conditions that affect the limits are set in regulations, and
changes to those regulations are outside of the scope of the annual
harvest specification process. NMFS believes that changes to bycatch
management of all prohibited species, including Chinook salmon, chum
salmon, and Pacific halibut, are best accomplished through the Council
[[Page 17312]]
process to recommend FMP amendments and regulations that NMFS would
implement if consistent with the Magnuson-Stevens Act, the FMP, and
other applicable law.
Comment 3: Management of fisheries, including TAC setting and PSC
limits, should include ecosystem based fishery management.
Response: The annual process for specifying TAC for groundfish in
the BSAI is a scientifically-driven process informed by the best
available information on the status of the marine ecosystems off
Alaska. Each year, ESRs are prepared for the BS and AI ecosystems (as
well as the Gulf of Alaska (GOA) ecosystem). The intent of the ESRs is
to provide the Plan Team, SSC, AP, Council, and NMFS, as well as the
public, with a broad overview of the current status of the marine
ecosystems. The ESRs are drafted by scientists and staff from NOAA,
other federal and state agencies, academic institutions, tribes, and
non-profits, and they compile and summarize information about the
status of the Alaska marine ecosystems and represent the best
scientific information available. The ESRs include information on the
physical environment and oceanography, climate data, biological data,
marine resources, and socio-ecological dimensions to provide context
for the specification of OFL, ABC, and TAC. For example, the 2024 ESR
for the EBS includes: (1) a synthesis of the physical environment
(e.g., temperature, sea ice, and cold pool); (2) an analysis of primary
production (e.g., phytoplankton and zooplankton); (3) trends for non-
target species and discards (e.g., jellyfish, forage fish, herring, and
salmon); (4) integrated information on seabirds; (5) recruitment
predictions; (6) emerging stressors; and (7) a sustainability index.
The 2024 EBS ESR is available at https://apps-afsc.fisheries.noaa.gov/REFM/docs/2023/EBSecosys.pdf.
Information from the ESRs are integrated in stock assessments,
primarily through the risk tables that are prepared for each stock. The
risk table includes evaluation of four considerations: (1) assessment-
related; (2) population dynamics; (3) environmental/ecosystem; and (4)
fishery performance. The risk table is meant to inform the
specification of ABC by accounting for additional scientific
uncertainty that is not addressed in the stock assessment model used to
calculate OFL and ABC based on the stock's tier and the corresponding
OFL and ABC control rules in the FMP. Because TAC cannot exceed ABC,
reductions in ABC based on the risk table result in additional
precaution in the catch limits for groundfish of the BSAI. The risk
table can highlight changes in ecosystem conditions. For example, in
the 2023 EBS pollock SAFE report, the risk table assessed several
environmental and ecosystem considerations that warranted an elevated
level of concern, including environmental/oceanographic factors related
to climate change, status in fish condition over year classes,
declining trends in northern fur seal pup production on St. Paul
Island, and mixed trends in the status of potential competitors like
jellyfish and salmon (Bristol Bay sockeye salmon have continued to
sustain high inshore runs, and sockeye salmon compete with both
juvenile and adult pollock for prey). Based on the elevated ecosystem
risk identified in the risk table, the SSC reduced the EBS pollock ABC
by 18 percent.
Some stock assessments also include an individual ESP. The ESP was
developed as a framework for organizing and evaluating ecosystem and
socioeconomic information about an individual stock. The ESP informs
environmental and ecosystem considerations, population dynamics, and
fisheries performance in the risk table. For example, the ESP for EBS
Pacific cod assesses numerous ecosystem indicators that include
physical indicators, lower tropic indicators, and upper trophic
indicators. The ESP for EBS Pacific cod is available at https://apps-afsc.fisheries.noaa.gov/Plan_Team/2023/EBSpcod_app2.pdf.
Stock assessment authors consider a variety of ecosystem-related
factors when preparing their assessments, which are thoroughly reviewed
by the Plan Team and the SSC. Stock assessment authors will include, if
possible, relevant ecosystem-related factors into their modeling. Many
models use variables that are potentially ecosystem-related, climate-
impacted like size and condition of fish (i.e., length and weight) and
recruitment, and some models integrate specific environmental factors
that have been influenced by climate change, such as the extent of the
cold pool and bottom temperature in the survey area.
The information from the ESRs, stock assessments, and ESPs allows
the Plan Team, SSC, AP, Council, and NMFS to respond to ecosystem
changes and stock changes in the BSAI and to adjust the harvest
specifications as necessary. This is consistent with the FMP and the
preferred harvest strategy analyzed in the Final EIS and implemented
each year for the specification of TAC. The Final EIS contemplated that
ABCs could be reduced based on ecosystem considerations (Chapter 11 of
Final EIS). The harvest strategy is designed such that the most recent
information would be used each year in setting the annual harvest
specification. The process is flexible to incorporate current
information on stock abundance and harvest and environmental,
ecosystem, and socioeconomic factors (e.g., physical and ecosystem
changes associated with climate change). Similarly, the FMP
contemplates ongoing consideration of relevant factors (e.g., ecosystem
considerations and climate change) through the development of SAFE
reports (Section 3.2.2.2 of the FMP). The use of the most recent, best
available information in the SAFE reports allows the Council and NMFS
to respond to changes in stock condition and environmental, ecosystem,
and socioeconomic factors in the BSAI and to adjust the harvest
specifications as appropriate, which is also consistent with National
Standard 2 of the Magnuson-Stevens Act to use the best scientific
information available (16 U.S.C. 1851(a)(2)).
NMFS is committed to supporting science and research to continue to
improve the process of effective ecosystem-based management by refining
the existing tools and developing new tools for incorporating ecosystem
and socioeconomic information.
As noted in response to Comment 2, PSC limits and the conditions
that affect the limits are set in regulations, and changes to those
regulations are outside of the scope of the annual harvest
specification process.
Comment 4: The Alaska Groundfish Harvest Specifications EIS is
outdated and NMFS must prepare a new or supplemental EIS on the harvest
specifications. New species listings and critical habitat designations,
climate change, vessel strikes and disturbance, entanglement, habitat
impacts, prey competition, bycatch, and plastics constitute significant
new or cumulative information requiring supplementation.
Response: Groundfish harvests are managed subject to annual limits
on the retained and discarded amounts of each species and species
group. The ``harvest strategy'' is the method used to calculate these
annual limits, referred to as ``harvest specifications,'' and the
process of establishing them is referred to as the ``specifications
process.'' NMFS prepared the Alaska Groundfish Harvest Specifications
Final Environmental Impact Statement (Final EIS) to analyze the
environmental, social, and economic impacts of alternative harvest
strategies used to determine the annual harvest
[[Page 17313]]
specifications for the federally managed groundfish fisheries in the
GOA and BSAI management areas.
The purpose of the harvest strategy is to: (1) provide for orderly
and controlled commercial fishing for groundfish; (2) promote
sustainable incomes to the fishing, fish processing, and support
industries; (3) support sustainable fishing communities; and (4)
provide sustainable flows of fish products to consumers. The harvest
strategy balances groundfish harvest in the fishing year with ecosystem
needs (e.g., non-target fish stocks, marine mammals, seabirds, and
habitat). Importantly, the harvest strategy and specification process
are designed to use the best available scientific information developed
each year through the annual SAFE (including the ESR process) to
calculate the status determination criteria, assess the status of each
stock, and set the TACs.
In a ROD, NMFS selected one of the alternative harvest strategies:
to set TACs that fall within the range of ABCs recommended through the
harvest specifications process that includes review by the Plan Team
and SSC. NMFS concluded that the preferred harvest strategy analyzed in
the Final EIS and selected in the ROD 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. 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.
NMFS has not changed the harvest strategy or specifications process
from what was analyzed in the Final EIS.
Each year the harvest strategy uses the best scientific information
available in the annual SAFE reports to derive the annual harvest
specifications, which include TACs and PSC limits. Through this
process, each year, the Council's Groundfish Plan Teams use updated
stock assessments to calculate biomass, OFLs, and ABCs for each species
and species group for specified management areas. The OFLs and ABCs are
published with the harvest specifications, and provide the foundation
for the Council and NMFS to develop the TACs. The OFLs and ABCs reflect
fishery science, applied in light of the requirements of the FMPs. The
Council bases its TAC recommendations on those of its AP, which are
consistent with the SSC's OFL and ABC recommendations (i.e., the TAC
recommendations cannot exceed the SSC's ABC and OFL recommendations).
The Final EIS evaluates the consequences of alternative harvest
strategies on ecosystem components and on the ecosystem as a whole. The
Final EIS evaluates the alternatives for their effects within the
action area. The environmental consequences of each alternative were
considered for target species, non-specified species, forage species,
prohibited species, marine mammals, seabirds, Essential Fish Habitat,
ecosystem relationships, the economy, and environmental justice. These
considerations were evaluated based on the conditions as they existed
at the time the Final EIS was developed, but the Final EIS also
anticipated potential changes in these conditions, including climate
change, could be incorporated, as appropriate, through the annual
implementation of the harvest strategy. Each year since 2007 relevant
changes (i.e., new information, changed circumstances, potential
changes to the action) are considered with the primary purpose of
evaluating the need to supplement the Final EIS.
NEPA implementing regulations at 40 CFR 1502.9(d) instruct agencies
to prepare supplements to either draft or final environmental impact
statements if there remains a major federal action left to occur and:
(i) the agency makes substantial changes to the proposed action that
are relevant to environmental concerns; or (ii) there are significant
new circumstances or information relevant to environmental concerns and
bearing on the proposed action or its impacts. Ultimately, an agency is
required ``to take a `hard look' at the new information to assess
whether supplementation might be necessary.'' (see Norton v. S. Utah
Wilderness All., 542 U.S. 55, 72-73 (2004)).
A SIR for the Final EIS is prepared each year to take that ``hard
look'' and document the evaluation and decision whether a supplemental
EIS (SEIS) is necessary to implement the annual groundfish harvest
specifications, consistent with NEPA regulations (see 40 CFR 1502.9(d))
and NOAA's Policy and Procedures for Compliance with the National
Environmental Policy Act and Related Authorities, Companion Manual for
NOAA Administrative Order 216-6A. The Companion Manual authorizes the
use of a SIR to document a review of new information or circumstances
and determine the sufficiency of the existing NEPA analysis for
implementing a component or step of the action analyzed in that
existing analysis.
The SIR prepared each year for the annual harvest specifications
analyzes the information contained in the most recent SAFE reports and
all information available to NMFS and the Council to determine whether
an SEIS must be prepared to implement the annual harvest
specifications. The SAFE reports represent the best scientific
information available for the harvest specifications. Included in the
SAFE reports are the groundfish stock assessments and any ESPs, the
ESRs, and the Economic Status Report. To date, no annual SIR to the
Final EIS has concluded that an SEIS is necessary.
The SIR recognizes the preferred harvest strategy analyzed in the
Final EIS and selected in the ROD was built on an annual process to
compile and utilize the most recent, best scientific information
available on species abundance and condition, harvest and survey data,
environmental and ecosystem factors, and socio-economic conditions. The
Final EIS contemplates the annual process includes flexibility that
allows for the implementation of annual harvest specifications that
reflect new information and changing circumstances in the context of
the considerations in the Final EIS. NMFS has determined that the 2024
and 2025 harvest specifications for the BSAI and GOA are consistent
with the preferred alternative harvest strategy analyzed in the Harvest
Specifications EIS because they were set through the harvest
specifications process, are within the optimum yield established for
both the BSAI and the GOA, and do not set TAC to exceed the ABC for any
single species or species group.
The SIR assesses new information and circumstances. Based on the
SIR, NMFS concluded that the best available, most recent information
presented on species abundance and condition, environmental and
ecosystem factors, and socio-economic conditions and used to set the
2024 and 2025 harvest specifications does not represent a significant
change relative to the environmental impacts of the preferred harvest
strategy analyzed in the Harvest Specifications EIS.
The Harvest Specifications EIS identifies reasonably foreseeable
future actions, which inform the analysis in the SIR regarding new
circumstances and which include catch share management, traditional
fisheries management tools, ecosystem-sensitive management, and actions
by other federal, state, and international agencies and private
actions. This section of the SIR assesses information and circumstances
regarding: (1) bycatch management of salmon, crab, and halibut; (2)
habitat impacts; (3) seabirds; and (4) marine mammals, including
Endangered Species Act (ESA) listed
[[Page 17314]]
species like Steller sea lions, humpback whales, sperm whales, and fin
whales, and unlisted species like northern fur seals and killer whales.
In this assessment, the SIR relies on the 2023 SAFE reports, other
analyses prepared to support NMFS management actions, updated catch and
bycatch data, and other best available scientific information to
conclude any new information and circumstances do not present a
seriously different picture of the likely environmental harms of the
action to occur--the annual implementation of the 2024 and 2025
groundfish harvest specifications--beyond what was considered in the
Harvest Specifications EIS. More details are provided in the SIR (see
ADDRESSES).
Based on the SIR prepared in conjunction with these harvest
specifications, NMFS determined that the 2024 and 2025 groundfish
harvest specifications do not constitute a substantial change in the
proposed action analyzed in the Final EIS and will not affect the human
environment in a significant manner or to a significant extent not
already considered in the Harvest Specifications EIS. Accordingly,
supplementation of the Final EIS is not required for NMFS to approve
and implement the 2024 and 2025 groundfish harvest specifications of
the BSAI and GOA.
Comment 5: NMFS should develop a programmatic EIS and initiate a
NEPA analysis that includes government-to-government consultation with
Alaska Native Tribes, or otherwise supplement the Alaska Groundfish
Programmatic Supplemental Environmental Impact Statement.
Response: As outlined in response to Comment 4, NMFS prepared the
Alaska Groundfish Harvest Specifications Final EIS to analyze
alternatives to implement the FMPs' harvest strategy and specifications
process, which outlines the method and process used to determine the
annual harvest specifications for the federally managed groundfish
fisheries in the GOA and BSAI management areas. NMFS also must specify
PSC allowances in the annual harvest specifications. The Final EIS
evaluates the consequences of alternative harvest strategies on
ecosystem components and on the ecosystem as a whole, as well as their
effects within the action area. Ultimately, from the analysis in the
Final EIS, NMFS selected a preferred harvest strategy that NMFS uses
each year for the specifications process. Each year, NMFS also
evaluates whether supplementation of that Final EIS is required,
consistent with NEPA regulations, to implement the harvest
specifications. Based on the SIR prepared in conjunction with these
harvest specifications, NMFS determined that supplementation of the
Alaska Groundfish Harvest Specifications Final EIS was not required.
NMFS therefore implements these harvest specifications consistent with
the Alaska Groundfish Harvest Specifications Final EIS.
Separate from the Final EIS for the Alaska Groundfish Harvest
Specifications, NMFS and the Council prepared the Alaska Groundfish
Programmatic Supplemental Environmental Impact Statement (PSEIS). The
PSEIS evaluated alternative policies and objectives for the management
of the groundfish fisheries in the BSAI and GOA. The action analyzed in
the PSEIS is different from the action analyzed in the Alaska
Groundfish Harvest Specifications Final EIS, and as explained above
NMFS implements the harvest specifications consistent with the Final
EIS analyzing that action. In addition to the preparation of the
Harvest Specifications Final EIS, since the PSEIS the Council and NMFS
have prepared for FMP amendments and regulatory changes the appropriate
NEPA analyses to support the implementation of those specific FMP or
regulatory changes.
Finally, the Council and NMFS are now considering a new action to
revise the management policies and objectives for the groundfish
fisheries, as well as for all Council-managed fisheries, off Alaska.
The Council requested that NMFS initiate the development of a
Programmatic EIS to analyze alternatives for the revisions of policies,
objectives, and goals for all Council-managed fisheries in June of
2023. At its February 2024 meeting, the Council addressed the process
for the development of a new Programmatic EIS to evaluate its action
alternatives for management policies and objectives for fisheries off
Alaska. Based on a motion passed at the meeting, in 2024 through early
2025 the Council and NMFS will gather input from Alaska Native Tribes
and stakeholders to inform the direction and structure of alternatives
analyzed under a Programmatic EIS, and NMFS will begin the NEPA scoping
process. There will be multiple public meetings, in addition to
Council-hosted workshops, to support the development and analysis of
alternatives, and NMFS will work with Alaska Native Tribes to ensure
meaningful and timely government-to-government consultation consistent
with Executive Order 13175 and NOAA Procedures for Government-to-
Government Consultation with Federally Recognized Indian Tribal
Governments.
Comment 6: NMFS must account for climate change in its decision-
making.
Response: Climate change is accounted for in NMFS's decision-making
on the annual implementation of the harvest specifications, consistent
with the harvest strategy in the FMP and analyzed in the Final EIS. The
Final EIS analyzed alternatives for an implementing framework for the
BSAI and GOA harvest strategy and evaluated the potential effects of
those alternatives on the human environment (see response to Comment
4). The Final EIS examined existing physical and oceanographic
conditions in the BSAI and GOA, and addressed climate and ecological
regime shifts, warming and loss of sea ice, and acidification (see
Chapter 3.5 of the Final EIS), as well as systemic ecosystem impacts
(see Chapter 11 of the Final EIS).
Moreover, the framework process for the preferred harvest strategy
under the Final EIS allows for the effects of climate change to be
considered in the annual process for setting the harvest
specifications. As addressed in response to Comment 3, the annual ESR
is part of the SAFE reports that the Council and its Plan Teams, SSC,
and AP annually review prior to the review of the stock assessments and
advancing recommendations to NMFS for the annual OFLs, ABCs, and TACs.
The purpose of the ESRs is to provide the Council, scientific
community, and the public, as well as NMFS, with annual information
about ecosystem status and trends, and they include physical
oceanography, biological data, and socio-ecological dimensions,
primarily collected from AFSC surveys with collaboration from a range
of government and non-government partners. The ESRs provide the
scientific review body (the SSC) with context for the annual biological
reference points (OFLs and ABCs), and for the Council's final TAC
recommendations for groundfish, which are constrained by those
biological reference points. Information from the ESRs are also
integrated into the annual harvest recommendations through inclusion in
stock assessment-specific risk tables. There are many examples of
climate change considerations presented in the ESR, including: (1)
physical indicators and oceanographic metrics of climate change (e.g.,
sea surface and bottom temperatures and sea-ice and cold pool extents);
(2) impacts from oceanographic changes (e.g., changes in sea ice and
cold pool extents resulting in distributional shifts (northward) in
stocks); (3) climate-driven changes to
[[Page 17315]]
metabolic demands and foraging conditions tied to declining conditions
for groundfish during recent marine heatwaves; (4) impacts of
anomalously warm conditions in the marine and river environments on
juveniles and adults of certain salmon stocks; and (5) emerging
stressors like ocean acidification and implications for species (e.g.,
crab).
In some instances, the Plan Teams and SSC have recommended ABC
reductions based on climate change considerations. As explained in
response to Comment 3, stock assessments use a stock-assessment
specific risk table that is applied by evaluating the severity of four
types of considerations (i.e., assessment-related, population dynamics,
environmental/ecosystem, and fishery performance) that could be used to
support a scientific recommendation to reduce the ABC. As one
environmental/ecosystem consideration, scientists noted that multiple
indicators of primary and secondary productivity show adverse signals
borne out in continued declining trends in juvenile and adult fish
condition. That consideration warranted an increased level concern
under the risk table. These risk tables are now prepared as part of the
stock assessment process for groundfish stocks and help inform the
setting of ABC (which in turn informs the setting of TAC).
Finally, the FMP indicated that the ongoing consideration of
factors like climate change would be addressed annually in the SAFE
reports (see Sections 3.2.2.2 and 3.2.3.1.2 of the FMP), as is
currently the case with the both individual stock assessments and the
ESRs. As a result, the annual harvest specifications process, which
implements the preferred harvest strategy under the Final EIS, allows
for the consideration of the best scientific information available on
climate change (16 U.S.C. 1851(a)(2)).
Comment 7: The BSAI groundfish specifications are based upon a
rigorous public process that includes the best available science when
setting OFLs, ABCs and TACs, including climatic, ecosystem, and
socioeconomic data and analyses. This process combined with statutorily
mandated limits results in a very conservative and precautionary final
result.
Response: NMFS agrees with this comment. For more details on the
groundfish harvest specifications process, see responses to Comments 2-
4. As noted by the commenter, the process is driven by statutory and
regulatory requirements. The Magnuson-Stevens Act directs that the
Council's recommended annual catch limits (ACL) cannot ``exceed the
fishing level recommendations of its [SSC]'' (16 U.S.C. 1852(h)(6)).
NMFS has interpreted ``fishing level recommendation'' to be the ABC
recommendation from the SSC (50 CFR 600.310(b)(2)(v)(D)). This ensures
that the ACL does not exceed the ABC developed by the SSC. Under the
FMP, the ACL is equal to the ABC, and the annual TAC specified for each
stock must be lower than or equal to the ABC (see Sections 3.2.3.3.2
and 3.2.3.4 of the FMP). This is in accord with National Standard 1 and
regulations that the TAC cannot exceed the ABC/annual catch limit (see
50 CFR 600.310(g)(4)), and ABC must be set equal to or less than OFL
(see Sec. 600.310(f)(3) and (4)). The SSC recommends for each species
and species group an OFL and an ABC. NMFS specifies TAC after
consultation with the Council, and annual determinations of TAC are
based on review of both the biological condition of the specific
species or species group and socioeconomic considerations (see Sec.
679.20(a)(2)-(3)).
Comment 8: The age three plus pollock biomass is estimated to be
over ten million tons. The commenter supports the 2024 EBS pollock TAC
of 1.3 million metric tons, even though the OFL and ABC could support a
much higher TAC.
Response: NMFS agrees. Consistent with the National Standard 1
guidelines, NMFS may implement a TAC up to the ABC (for 2024, the
Bering Sea pollock final ABC is 2,313,000 mt and the final TAC is
1,300,000 mt, a reduction in forty four percent from the ABC). In the
BSAI, however, the sum of all TACs well exceed the sum of all ABCs (for
2024, the sum of final ABCs is 3,476,800, and final TACs is 2,000,000
mt, a reduction in forty two percent). As a result, TACs for pollock
and other species are set often lower than ABC to ensure the sum of all
TACs falls within the OY range (see Sec. 679.20(a)(1)(i)(A) and
679.20(a)(2)). While there is precaution built into the specification
of each ABC (representing scientific uncertainty) and TAC (representing
management uncertainty) for a species or species group, the OY range is
constraining and therefore precautionary across the ecosystem in the
BSAI by reducing fishery removals and therefore also reducing impacts
to the ecosystem.
Comment 9: The impacts of the pollock fishery on ecosystem impacts
have been thoroughly examined. The harvest is well within historical
norms. There is a regular essential Fish Habitat review process
associated with this fishery. Using the best available science, the
estimated habitat disturbance estimates have declined and remain around
5 percent for the EBS and around 1 percent for the AI.
Response: NMFS agrees. The impacts of the pollock fishery have been
examined in various documents, including in the annual SAFE report
chapters for pollock and in several NEPA documents supporting FMP
amendments and regulatory changes (see response to Comment 11). Each
year's TAC amount for pollock is informed by a significant amount of
data, modeling, and research. This includes annual surveys, updated
catch information, weight and age data, updated statistical modeling,
and risks that may fall outside of the stock estimation process (see
response to Comment 3 explaining reduction in 2024 pollock ABC to
account for elevated concern regarding environmental/ecosystem
considerations). Information on habitat disturbance has been evaluated
in the Essential Fish Habitat 5-Year Reviews and information can be
found at https://www.fisheries.noaa.gov/alaska/habitat-conservation/essential-fish-habitat-efh-alaska. Any changes to management of the
trawl fisheries to address habitat disturbance, however, are outside
the scope of this final rule, which implements catch limits for the
groundfish fisheries in the BSAI.
Comment 10: Unchanged EBS pollock TAC relative to 2023 should not
be expected to measurably increase or decrease salmon escapement to
western Alaska. Salmon catches and runs have fluctuated greatly in
recent years, while pollock catch has remained stable. Under the IPAs,
the estimated average annual number of bycatch Chinook salmon that
would have returned to western Alaska is 7,705 and less than two
percent of the coastal western Alaska run size from 2011 through 2020.
The bycatch of chum salmon in the pollock fishery is estimated to be
less than one percent of the coastal western Alaska run size and the
majority of the catch is estimated to be from hatchery fish originating
from Asia. Increase in chum salmon bycatch is more closely related to
increased bottom temperature and increased Asian hatchery production
than it is to pollock allocation.
Response: NMFS agrees that the best science available suggests that
climate change rather than the pollock fishery is the primary driver of
declines in salmon run returns to western Alaska. While salmon bycatch
in the pollock fishery may be a contributing factor in the decline of
salmon, NMFS expects the numbers of the ocean bycatch that would have
returned to western Alaska
[[Page 17316]]
would be relatively small due to ocean mortality and the large number
of other river systems contributing to the total Chinook or chum salmon
bycatch.
For Chinook salmon, total bycatch in the Bering Sea pollock fishery
is reported annually, and includes bycatch of salmon from stocks across
Alaska, the Pacific Northwest, and other countries like Russia. NMFS,
Council, and State scientists regularly prepare adult equivalence (AEQ)
analyses of Chinook salmon that estimate the number of Chinook salmon
that would have returned to river systems had they not been caught as
bycatch in the Bering Sea pollock fishery. For 2021, the estimate of
bycaught salmon that would have returned to western Alaska is 8,610
fish, with an average of 7,705 fish from 2011 through 2020. Considering
run sizes for salmon returns to western Alaska, scientists also
calculate the ``impact rate.'' Using this impact rate, the bycatch
expected to have returned to western Alaska rivers is less than 2
percent per year since 2011, as reported in the 2023 EBS pollock SAFE
report. Information on the bycatch of salmon in the BSAI groundfish
fisheries, including the pollock fisheries, can be found at https://www.npfmc.org/fisheries-issues/bycatch/salmon-bycatch/. For more
information on NMFS's management of bycatch in the BS and AI pollock
fisheries, see the response to Comment 2.
For chum salmon, total bycatch in the Bering Sea pollock fishery is
reported annually and includes bycatch of salmon from stocks across
Alaska, the Pacific Northwest, and Asia. NMFS, Council, and State
scientists analyze genetic stock compositions of chum salmon samples
collected from the PSC in the Bering Sea pollock fishery. Scientists
are able to estimate the number of chum salmon bycaught in the Bering
Sea pollock fishery that originate from western Alaska (in 2022, 21
percent); however, NMFS does not have an AEQ analysis for chum salmon
equivalent to the analysis for Chinook salmon. At the Council's March
2023 Salmon Bycatch Committee meeting, the most recent 2022 genetic
data indicates that only 21 percent of chum bycatch is of western
Alaska origin, while the largest component is from Asian hatchery
stocks. NMFS also notes that the increase in Asian chum hatchery fish
is a potential concern for the North Pacific ecosystem and is a topic
warranting further research.
Comment 11: The TAC for pollock should reflect the true
environmental cost of trawling.
Response: The SAFE report chapter for EBS pollock evaluates
annually the EBS pollock fishery's effects on the ecosystem, as well as
ecosystem effects on the EBS pollock stock (see sections titled
``Ecosystem effects on the EBS pollock stock'' and ``EBS pollock
fishery effects on the ecosystem'' at https://www.npfmc.org/wp-content/PDFdocuments/SAFE/2023/EBSpollock.pdf). The most recent full/
operational assessment for AI pollock similarly includes an evaluation
of the AI pollock fishery's effects on the ecosystem, as well as
ecosystem effects on AI pollock and a broad overview of ecosystem
considerations at https://apps-afsc.fisheries.noaa.gov/Plan_Team/2022/AIpollock.pdf. In addition, ecosystem considerations, as well as the
impact on communities and incidentally caught species, are considered
and updated annually in the ESRs and ESPs. The Final EIS supporting the
harvest specifications also evaluated environmental and ecosystem
considerations, and the environmental impacts of the pollock fishery
have been analyzed in a number of subsequent NEPA documents, including
the Environmental Impact Statement for Amendment 91 to the FMP and the
Environmental Assessment for Amendment 110 to the FMP.
Comment 12: NMFS should reduce catch to 1 million mt to account for
ecosystem impacts from harvest.
Response: The FMP and implementing regulations direct that the sum
of the TACs specified for the BSAI ``must be within the OY range
specified'' in regulation, which for the BSAI is 1.4 to 2.0 million mt
(see Sec. 679.20(a)(1)(i)(A) and (a)(2)). NMFS cannot reduce TAC in
the BSAI to 1 million mt consistent with the FMP and implementing
regulations. NMFS previously set, and the Council previously
recommended, the OY as a range of 1.4 to 2.0 million mt. This OY is set
forth in the FMP and in regulation, and is based on the sum of all
TACs. NMFS has therefore determined that, in any given year, setting
the TACs to fall within that range provides the greatest overall
benefit to the Nation, particularly with respect to food production and
recreational opportunities and taking into account the protection of
marine ecosystems and relevant economic, social, or ecological factors
(see Sec. 600.310(e)(3)).
Here, NMFS concurs with the Council's recommendation that TACs fall
within the upper bound (i.e., 2.0 million mt). Setting TACs to meet the
upper bound of the OY range of 2.0 million mt, while also recognizing
that total TACs represent a 42 percent reduction below total ABCs,
balances relevant National Standard 1 considerations. Setting TACs at
the higher bound of the OY will provide the greatest benefit for the
Nation based on the benefits of maintaining viable groundfish fisheries
and contributions to regional and local economies. That total
groundfish TAC is 42 percent below total ABC recognizes the benefits
that flow from that reduction, such as protections afforded to marine
ecosystems, forage for ecosystem components, and other ecological
factors (see Sec. 600.310(e)(3)(iii)(A)-(B)). For 2024 and 2025, NMFS
has specified TACs to sum to the upper end of the OY range, which NMFS
has determined is consistent with the National Standard 1, the FMP, and
the harvest strategy analyzed in the Final EIS.
Comment 13: To be in compliance with Section 7 and Section 9 of the
ESA, NMFS must analyze impacts of the groundfish trawl fisheries under
the ESA through Section 7 consultations and must reinitiate
consultation on the groundfish trawl fisheries to consider new species
listings and critical habitat designations, climate change, vessel
strikes and disturbance, entanglement, habitat impacts, prey
competition, bycatch, and plastics.
Response: NMFS approves and implements the harvest specifications
if they are consistent with the Magnuson-Stevens Act and other
applicable law, including the ESA. NMFS has determined that these final
2024 and 2025 harvest specifications for the BSAI are consistent with
the ESA. NMFS has evaluated the impacts of the BSAI groundfish fishery
on ESA-listed species and designated critical habitat in a number of
consultations. These consultations are on the groundfish fishery
managed under the BSAI FMP and are not specific to certain gear types
(e.g., trawl or fixed gear). The biological opinions are publicly
available at https://www.fisheries.noaa.gov/alaska/consultations/section-7-biological-opinions-issued-alaska-region#fisheries.
NMFS agrees that reinitiation of ESA Section 7 consultation is
required, and indeed NMFS has already reinitiated consultation. In
November 2022, NMFS reinitiated consultation on both the BSAI
groundfish fishery and the GOA groundfish fishery in light of
information indicating that reinitiation under 50 CFR 402.16 was
required, including revised species designations (i.e., for listed
humpback whales) and new critical habitat designations. In light of the
extensive scope of the actions under consultation, NMFS agreed to
extend the timeframes to complete the consultations, in accordance with
50 CFR 402.14(e).
[[Page 17317]]
When NMFS reinitiated consultation in November 2022, NMFS
determined that the operation of the groundfish fisheries off Alaska
(BSAI and GOA) during the anticipated reinitiation period would not
violate ESA sections 7(a)(2) and 7(d). In implementing these harvest
specifications, NMFS determined that the operation of the groundfish
fisheries off Alaska (BSAI and GOA) under the final 2024 and 2025
harvest specifications would not violate ESA sections 7(a)(2) and 7(d).
NMFS recognizes the agency's obligation to ensure the actions over a
longer term are not likely to jeopardize the continued existence of
listed species or result in the destruction or adverse modification of
designated critical habitat as a jeopardy or adverse modification/
destruction determination commensurate with the temporal scope of the
action is appropriately made only in a biological opinion.
Section 7(d) of the ESA prohibits Federal agencies from making any
irreversible or irretrievable commitment of resources with respect to
the agency action that would have the effect of foreclosing the
formulation or implementation of any reasonable and prudent
alternatives at the conclusion of the consultation. This prohibition is
in force until the requirements of section 7(a)(2) have been satisfied.
Resource commitments may occur as long as the action agency retains
sufficient discretion and flexibility to modify its action to allow
formulation and implementation of appropriate reasonable and prudent
alternatives. NMFS has discretion to amend its Magnuson-Stevens Act and
ESA regulations and may do so at any time subject to the Administrative
Procedure Act and other applicable laws. At the conclusion of ESA
section 7 consultation on the BSAI groundfish fishery, NMFS will retain
sufficient discretion and flexibility to evaluate and make necessary
changes to fishery regulations and management plans for the formulation
and implementation of appropriate reasonable and prudent alternatives,
if required to do so under the ESA.
During the consultation, existing regulatory measures that offer
protection to listed species, including Steller sea lion protection
measures and humpback whale approach regulations, will continue to be
in effect, and NMFS will continue to implement the reasonable and
prudent measures and terms and conditions necessary or appropriate to
minimize the amount or extent of incidental take. NMFS has and will
continue to monitor take in the groundfish fisheries consistent with
the terms and conditions of the biological opinions. NMFS also has
authority under 50 CFR part 679 to implement annual SSL protection
measures, such as the harvest limitations implemented through the
annual groundfish harvest specifications, and to close directed fishing
for pollock, Pacific cod, and Atka mackerel if a biological assessment
indicates the stock condition for that species is at or below 20
percent of its unfished spawning biomass during a fishing year (see
Sec. 679.20(d)(4)).
In consulting on the BSAI and GOA groundfish fisheries and
preparing new biological opinions and incidental take statements, NMFS
will incorporate the most recent, best scientific and commercial data
available, including information relating to climate change, to assess
effects from the groundfish fisheries, such as vessel strikes and
disturbance, entanglement, prey competition, and habitat impacts.
Comment 14: NMFS must ensure compliance with the MMPA for the BSAI
groundfish trawl fisheries that incidentally take ESA-listed species
and must consider those species and stocks with human-caused mortality
and seriously injury at levels at or approaching potential biological
removal (PBR) or for those whose PBR is unknown.
Response: NMFS approves and implements the harvest specifications
if they are consistent with the Magnuson-Stevens Act and other
applicable law, including the MMPA. NMFS has determined that these
final 2024 and 2025 harvest specifications are consistent with the
MMPA. The BSAI (and GOA) groundfish fisheries identified as a Category
I or II fishery that interact with ESA-listed species have a valid MMPA
section 101(a)(5)(E) permit (86 FR 24384, May 6, 2021) and include the
AK Bering Sea, Aleutian Islands flatfish trawl fishery and the AK
Bering Sea, Aleutian Islands pollock trawl fishery.
Pursuant to Section 101(a)(5)(E) of the MMPA, NMFS shall allow
taking of ESA-listed marine mammals incidental to commercial fishing
operations if NMFS makes a number of determinations regarding
negligible impact, recovery plans, and where required take reductions
plans, monitoring programs, and vessel registration (16 U.S.C.
1371(a)(5)(E)). In May 2021, NMFS issued permits for the two BSAI
groundfish fisheries that require MMPA permits for the incidental take
of ESA-listed species (86 FR 24384, May 6, 2021). NMFS determined that
the issuance of those permits complied with the MMPA and implementing
regulations regarding the negligible impact determination, recovery
plans, take reductions plans, monitoring programs, and vessel
registration (86 FR 24384). The permits expire in May 2024, and NMFS is
in the process of evaluating the required determinations for the re-
issuance of the Section 101(a)(5)(E) permits for the two Category II
groundfish fisheries in the BSAI (i.e., the pollock trawl and flatfish
trawl (Amendment 80 sector)).
NMFS regularly updates marine mammal stock assessments and reports
of human-caused mortalities and serious injuries of marine mammals. The
long-term goal under the MMPA is to reduce the level of mortality and
serious injury of marine mammals to insignificance levels (see 16
U.S.C. 1387(b)), which is defined as 10 percent of the stocks' PBR (50
CFR 229.2). PBR is defined as the maximum number of animals, not
including natural mortalities, that may be removed from a marine mammal
stock while allowing that stock to reach or maintain its optimum
sustainable population (50 CFR 229.2). Based on the best scientific
information available, the level of mortality and serious injury (M/SI)
of ESA-listed stocks that interact with the two Category II groundfish
fisheries in the BSAI is currently below 10 percent of those stocks'
PBR. PBR and incidental M/SI for each ESA-listed stock with M/SI in the
AK Bering Sea, Aleutian Islands flatfish trawl fishery are as follows:
Bearded seal, Beringia--PBR = 8,210, M/SI = 1.2, M/SI as
percent of the stock's PBR = 0.01 percent
Humpback whale, Western North Pacific--PBR = 0.2, M/SI =
0, M/SI as percent of stock's PBR = 0 percent
Ringed seal, Arctic--PBR = 4,755, M/SI = 4.6, M/SI as
percent of the stock's PBR = 0.097 percent, and
Steller sea lion, Western U.S--PBR = 299, M/SI = 13, M/SI
as percent of the stock's PBR = 4.3 percent.
PBR and incidental M/SI for each ESA-listed stock with M/SI in the
AK Bering Sea, Aleutian Islands pollock trawl fishery are as follows:
Bearded seal, Beringia--PBR = 8,210, M/SI = 0.6, M/SI as
percent of the stock's PBR = 0.007 percent
Humpback whale, Mexico-North Pacific--PBR is undetermined,
M/SI = 0.03
Humpback whale, Western North Pacific--PBR = 0.2, M/SI =
0.008, M/SI as percent of stock's PBR = 4 percent
Ringed seal, Arctic--PBR = 4,755, M/SI = 0.2, M/SI as
percent of the stock's PBR = 0.004 percent, and
Steller sea lion, Western U.S--PBR = 299, M/SI = 6.8, M/SI
as percent of the stock's PBR = 2.2 percent.
[[Page 17318]]
Further details on the proposed issuance of the Section
101(a)(5)(E) permits for the two Category II groundfish fisheries in
the BSAI will be available in a proposed notice published in the
Federal Register separate from the harvest specifications process.
Based on the best scientific information available, the level of M/
SI of other strategic stocks that interact with the two Category II
groundfish fisheries in the BSAI is below 10 percent of those stocks'
PBR. PBR and incidental M/SI for each strategic stock (unlisted) with
M/SI in the AK Bering Sea, Aleutian Islands flatfish trawl fishery are
as follows:
Northern fur seal, Eastern Pacific--PBR =11,403, M/SI =
2.7, M/SI as percent of the stock's PBR = 0.02 percent.
Comment 15: NMFS must reevaluate the stock structure for the
Eastern North Pacific Alaska Resident Stock of killer whales.
Response: This is outside of the scope of this final rule to
implement the groundfish harvest specifications for the BSAI. NMFS
notes that it currently intends to initiate by January 2025 a review of
available information about whether there are multiple demographically
independent populations of killer whales within the currently-defined
Eastern North Pacific Alaska resident killer whale stock. The Eastern
North Pacific Alaska resident killer whale stock, as currently defined,
includes resident killer whales in Southeast Alaska, the Gulf of
Alaska, the Aleutian Islands, and the Bering Sea. This evaluation would
involve experts from NMFS's Alaska, Northwest, and Southwest Fisheries
Science Centers. Should the agency find that there are demographically
independent populations of killer whales and subsequently decide to
describe new stocks of killer whales in Alaska, that would be
accomplished through the development of new draft stock assessment
reports. These would be made available for public review and comment
separate from the harvest specifications process.
Comment 16: NMFS must ensure there are mitigation measures in place
for killer whales and other non-ESA listed marine mammals that interact
with the fisheries.
Response: This is outside of the scope of this final rule to
implement the groundfish harvest specifications for the BSAI. As noted
in response to Comment 14, NMFS has determined that these final 2024
and 2025 harvest specifications for the BSAI are consistent with the
requirements of the MMPA. NMFS is concerned about the higher than
normal number of killer whale incidental catches in the BSAI trawl
fisheries in 2023. NMFS continues to investigate and prepare updated
analyses on killer whales stocks, including through NMFS's marine
mammal stock assessment reports and reports of human-caused mortalities
and serious injuries of marine mammals. NMFS also recently released a
new technical memorandum, Killer Whale Entanglements in Alaska: Summary
Report 1991-2022. More information is available at the following
websites: https://www.fisheries.noaa.gov/feature-story/cause-death-determined-11-killer-whales-incidentally-caught-fishing-gear-alaska-2023 and https://www.fisheries.noaa.gov/resource/document/killer-whale-entanglements-alaska.
Comment 17: Under the Magnuson-Stevens Act, NMFS can only approve a
plan, a plan amendment, harvest specifications, or allow other fishing
activity to occur or continue pursuant to permits if such actions do
not violate other applicable laws, like NEPA, ESA, and MMPA.
Response: As addressed in the Classification section (below) and
the response to Comments, NMFS has determined that implementing the
2024 and 2025 groundfish harvest specifications for the BSAI is
consistent with the Magnuson-Stevens Act, the FMP, and other applicable
laws. As explained in responses to Comments 4-5, 13, and 14, NMFS has
determined that this final rule is consistent with NEPA, ESA, and MMPA.
In addition, this final rule specifies the OFL, ABC, and TAC for target
species in the BSAI. Any FMP amendments, regulations, and permitting
alluded to in the comment are outside the scope of this final rule
implementing the harvest specifications for the BSAI.
Changes to the Final Rule
NMFS undertook a thorough review of the relevant comments received
during the public comment period. However, for reasons described in the
preceding section, no changes to the final rule were made in response
to any of the comments received.
After incorporating new or updated fishery and survey data,
considering Council recommendations and the 2023 SAFE reports, and
accounting for State harvest levels, NMFS has made several updates from
the proposed rule. TACs were adjusted based on the final ABCs and, in
general, TACs for species with higher economical value increasing and
TACs with lower economic value decreasing. The increase in Pacific cod
TAC in the BS is an example of this. A detailed description of many of
these changes can be found above (see ``Changes from the Proposed 2024
and 2025 Harvest Specifications for the BSAI'') The TAC changes are
also summarized in table 1a. The changes to TACs between the proposed
and final harvest specifications are based on the most recent
scientific, biological, ecosystem, and socioeconomic information and
are consistent with the FMP, regulatory obligations (including the
required OY range of 1.4 million to 2.0 million mt), and the harvest
strategy.
Classification
NMFS is issuing this final rule pursuant to section 305(d) of the
Magnuson-Stevens Act. Through previous actions, the FMP and regulations
are designed to authorize NMFS to take this action (see 50 CFR part
679). The NMFS Assistant Administrator has determined that the final
harvest specifications 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 because it only implements annual
catch limits in the BSAI.
NMFS prepared an EIS for the Alaska groundfish harvest
specifications and alternative harvest strategies (see ADDRESSES) and
made it available to the public on January 12, 2007 (72 FR 1512). On
February 13, 2007, NMFS issued the Record of Decision (ROD) for the
Final EIS identifying the selected alternative (Alternative 2). NMFS
prepared a Supplementary Information Report (SIR) for this action to
provide a subsequent assessment of the action and to address the need
to prepare a Supplemental EIS (SEIS) (40 CFR 1501.11(b) 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 the groundfish
harvest specifications and alternative harvest strategies on resources
in the action area. Based on the analysis in the Final EIS, NMFS
concluded that the preferred alternative (Alternative 2) provides the
best balance among relevant environmental, social, and economic
considerations and allows for continued management of the groundfish
fisheries based on the most recent, best scientific information. The
preferred alternative is a harvest strategy in which TACs are set at a
level within the range of ABCs recommended through the Council harvest
specifications process by the Council's SSC. The sum of the TACs also
must achieve the OY specified in
[[Page 17319]]
the FMP and regulations. While the specific numbers that the harvest
strategy produces may vary from year to year, the methodology used for
the preferred harvest strategy remains constant.
The latest annual SIR evaluated the need to prepare an SEIS for the
2024 and 2025 groundfish harvest specifications. A SEIS must be
prepared if a major federal action remains to occur and: (1) the agency
makes substantial changes to the proposed action that are relevant to
environmental concerns; or (2) significant new circumstances or
information exist relevant to environmental concerns and bearing on the
proposed action or its impacts (see Sec. 1502.9(d)(1)). After
reviewing the most recent, best available information, including the
information contained in the SIR and SAFE report, the Regional
Administrator has determined that: (1) the 2024 and 2025 harvest
specifications, which were set according to the preferred harvest
strategy, do not constitute a substantial change in the action; and (2)
the information presented does not indicate that there are significant
new circumstances or information relevant to environmental concerns and
bearing on the proposed action or its impacts. Any new information and
circumstances do not present a seriously different picture of the
likely environmental harms of the action to occur--the implementation
of these harvest specifications--beyond what was considered in the
Final EIS, and the 2024 and 2025 harvest specifications will result in
environmental, social, and economic impacts within the scope of those
analyzed and disclosed in the Final EIS. Therefore, a SEIS is not
necessary to implement the 2024 and 2025 harvest specifications.
A final regulatory flexibility analysis (FRFA) was prepared.
Section 604 of the Regulatory Flexibility Act (RFA) (5 U.S.C. 604)
requires that, when an agency promulgates a final rule under 5 U.S.C.
553, after being required by that section or any other law, to publish
a general notice of proposed rulemaking, the agency shall prepare a
FRFA. The following constitutes the FRFA prepared for these final 2024
and 2025 harvest specifications.
Section 604 of the RFA describes the required contents of a FRFA:
(1) a statement of the need for, and objectives of, the rule; (2) a
statement of the significant issues raised by the public comments in
response to the initial regulatory flexibility analysis, a statement of
the assessment of the agency of such issues, and a statement of any
changes made in the proposed rule as a result of such comments; (3) the
response of the agency to any comments filed by the Chief Counsel for
Advocacy of the Small Business Administration in response to the
proposed rule, and a detailed statement of any change made to the
proposed rule in the final rule as a result of the comments; (4) a
description of and an estimate of the number of small entities to which
the rule will apply or an explanation of why no such estimate is
available; (5) a description of the projected reporting, recordkeeping,
and other compliance requirements of the rule, including an estimate of
the classes of small entities which will be subject to the requirement
and the type of professional skills necessary for preparation of the
report or record; and (6) a description of the steps the agency has
taken to minimize the significant economic impact on small entities
consistent with the stated objectives of applicable statutes, including
a statement of the factual, policy, and legal reasons for selecting the
alternative adopted in the final rule and why each one of the other
significant alternatives to the rule considered by the agency that
affect the impact on small entities was rejected.
A description of this action, its purpose, and its legal basis are
included at the beginning of the preamble to this final rule and are
not repeated here.
NMFS published the proposed rule on December 5, 2023 (88 FR 84278).
NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA) to
accompany the proposed action, and included the IRFA in the proposed
rule. The comment period closed on January 4, 2024. No comments were
received on the IRFA or on the economic impacts of the rule more
generally. The Chief Counsel for Advocacy of the Small Business
Administration did not file any comments on the proposed rule.
The entities directly regulated by this action are those that
harvest groundfish in the exclusive economic zone of the BSAI and in
parallel fisheries within State waters. These include entities
operating CVs and CPs within the action area and entities receiving
direct allocations of groundfish.
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
engaged in commercial fishing (NAICS code 11411) is classified as a
small business if it is independently owned and operated, is not
dominant in its field of operation (including its affiliates), and has
combined annual gross receipts not in excess of $11 million for all its
affiliated operations worldwide.
Using the most recent data available (2022), the estimated number
of directly regulated small entities includes approximately 130 CVs, 2
CPs, 6 CDQ groups, and three motherships. Some of these vessels are
members of AFA inshore pollock cooperatives, Gulf of Alaska rockfish
cooperatives, or BSAI Crab Rationalization Program cooperatives, and,
since under the RFA, the aggregate gross receipts of all participating
members of the cooperative must meet the ``under $11 million''
threshold, the cooperatives are considered to be large entities within
the meaning of the RFA. Thus, the estimate of 130 CVs may be an
overstatement of the number of small entities. 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.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
This action implements the final 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
final harvest specifications is governed by the Council and NMFS's
harvest strategy for the catch of groundfish in the BSAI. The harvest
strategy was previously selected from among five alternatives. Under
this preferred alternative harvest strategy, TACs are set within the
range of ABCs recommended through the Council harvest specifications
process by the SSC, and while the specific TAC numbers that the harvest
strategy produces may vary from year to year, the methodology used for
the preferred harvest strategy remains constant. The sum of the TACs
must achieve the OY specified in the FMP and regulations. This final
action implements the preferred alternative harvest strategy previously
chosen by the Council and NMFS to set TACs that fall within the range
of ABCs recommended through
[[Page 17320]]
the Council harvest specifications process and as recommended by the
Council. This is the method for determining TACs that has been used in
the past.
The final 2024 and 2025 TACs associated with the preferred harvest
strategy are those recommended by the Council in December 2023. OFLs
and ABCs for each species and species group were based on
recommendations prepared by the Council's Plan Team, and reviewed by
the Council's SSC. The Council's TAC recommendations are consistent
with the SSC's OFL and ABC recommendations, and the sum of all TACs
remains within the OY for the BSAI consistent with Sec.
679.20(a)(1)(i)(A). Because setting all TACs equal to ABCs would cause
the sum of TACs to exceed an OY of 2 million mt, TACs for some species
and species groups are lower than the ABCs recommended by the Plan Team
and the SSC.
The final 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 final 2024 and 2025
TACs are based on the best available biological and socioeconomic
information. The final 2024 and 2025 OFLs, ABCs, and TACs are
consistent with the biological condition of groundfish stocks as
described in the 2023 SAFE report, which is the most recent, completed
SAFE report, as well as the ecosystem and socioeconomic information
presented in the 2023 SAFE report (including the BS ESR and AI ESR).
Accounting for the most recent information to set the final OFLs, ABCs,
and TACs is consistent with the objectives for this action, as well as
National Standard 2 of the Magnuson-Stevens Act (16 U.S.C. 1851(a)(2))
that actions shall be based on the best scientific information
available.
Under this action, the ABCs reflect harvest amounts that are less
than the specified overfishing levels. The TACs are within the range of
ABCs recommended by the SSC and do not exceed the biological limits
recommended by the SSC (the ABCs and OFLs). For some species and
species groups in the BSAI, the Council recommended, and NMFS sets,
TACs equal to ABCs, which is intended to maximize harvest opportunities
in the BSAI. However, NMFS cannot set TACs for all species in the BSAI
equal to their ABCs due to the constraining OY limit of 2 million mt.
For this reason, some final TACs are less than the final ABCs. These
specific reductions were reviewed and recommended by the Council's AP,
and then reviewed and adopted by the Council as the Council's
recommended final 2024 and 2025 TACs.
Based on the best available scientific data, and in consideration
of the Council's objectives for this action, there are no significant
alternatives that have the potential to accomplish the stated
objectives of the Magnuson-Stevens Act and any other applicable
statutes and that have the potential to minimize any significant
adverse economic impact of the final rule on small entities. This
action is economically beneficial to entities operating in the BSAI,
including small entities. The action specifies TACs for commercially-
valuable species in the BSAI and allows for the continued prosecution
of the fishery, thereby creating the opportunity for fishery revenue.
After public process, during which the Council and NMFS solicited input
from stakeholders, the Council concluded and NMFS determines that these
final harvest specifications would best accomplish the stated
objectives articulated in the preamble for this final rule and in
applicable statutes, and would minimize to the extent practicable
adverse economic impacts on the universe of directly regulated small
entities.
Pursuant to 5 U.S.C. 553(d)(3), the Assistant Administrator for
Fisheries, NOAA, finds good cause to waive the 30-day delay in the date
of effectiveness for this rule because delaying this rule is contrary
to the public interest. The Plan Team review of the 2023 SAFE report
occurred in November 2023, and based on the 2023 SAFE report the
Council considered and recommended the final harvest specifications in
December 2023. Accordingly, NMFS's review of the final 2024 and 2025
harvest specifications could not begin until after the December 2023
Council meeting, and after the public had time to comment on the
proposed action.
For all fisheries not currently closed because the TACs established
under the final 2023 and 2024 harvest specifications (88 FR 14926,
March 10, 2023) were not reached, it is possible that they would be
closed prior to the expiration of a 30-day delayed effectiveness period
because their TACs could be reached within that period. If implemented
immediately, this rule would allow these fisheries to continue fishing
because some of the new TACs implemented by this rule are higher than
the TACs under which they are currently fishing. Because this rule
relieves a restriction for fisheries subject to lower TACs under the
final 2023 and 2024 harvest specifications (88 FR 14926, March 10,
2023), it is not subject to the 30-day delayed effectiveness provision
of the APA pursuant to 5 U.S.C. 553(d)(1). For those fisheries not
currently closed because the TACs established under the final 2023 and
2024 harvest specifications have not yet been reached, it is possible
that their TACs could be reached within that 30-day period and NMFS
would have to close those fisheries prior to the expiration of a 30-day
delayed effectiveness period. If those fisheries closed, they would
experience a restriction in fishing. If this rule is implemented
immediately, this rule would relieve the potential for those fisheries
to be restricted and would allow these fisheries to continue fishing
because some of the new TACs implemented by this rule are higher than
the TACs under which they are currently fishing.
In addition, immediate effectiveness of this action is required to
provide consistent management and conservation of fishery resources
based on the best available scientific information. This is
particularly pertinent for those species that have lower 2024 ABCs and
TACs than those established in the 2023 and 2024 harvest specifications
(88 FR 14926, March 10, 2023). If implemented immediately, this rule
would ensure that NMFS can properly manage those fisheries for which
this rule sets lower 2024 ABCs and TACs, which are based on the most
recent biological information on the condition of stocks, rather than
managing species under the higher TACs set in the previous year's
harvest specifications.
Certain fisheries, such as those for pollock, are intensive, fast-
paced fisheries. Other fisheries, such as those for sablefish,
flatfish, rockfish, Atka mackerel, skates, sharks, and octopuses, are
critical as directed fisheries and as incidental catch in other
fisheries. U.S. fishing vessels have demonstrated the capacity to catch
the TAC allocations in many of these fisheries. If the date of
effectiveness of this rule were to be delayed 30 days and if a TAC were
to be reached during those 30 days, NMFS would be required to close
directed fishing or prohibit retention for the applicable species. Any
delay in allocating the final TACs in these fisheries would cause
confusion to the industry and potential economic harm through
unnecessary discards, thus undermining the intent of this rule. Waiving
the 30-day delay allows NMFS to prevent economic loss to fishermen that
could otherwise occur should the
[[Page 17321]]
2024 TACs (set under the 2023 and 2024 harvest specifications) be
reached. Determining which fisheries may close is nearly impossible
because these fisheries are affected by several factors that cannot be
predicted in advance, including fishing effort, weather, movement of
fishery stocks, and market price. Furthermore, the closure of one
fishery has a cascading effect on other fisheries by freeing-up fishing
vessels, allowing them to move from closed fisheries to open ones,
increasing the fishing capacity in those open fisheries, and causing
them to close at an accelerated pace.
In fisheries subject to declining sideboard limits, a failure to
implement the updated sideboard limits before initial season's end
could deny the intended economic protection to the non-sideboard
limited sectors. Conversely, in fisheries with increasing sideboard
limits, economic benefit could be denied to the sideboard-limited
sectors.
If these final harvest specifications are not effective by March
15, 2024, which is the start of the 2024 Pacific halibut season as
specified by the IPHC, the fixed gear sablefish fishery will not begin
concurrently with the Pacific halibut IFQ season. Delayed effectiveness
of this action would result in confusion for sablefish harvesters and
economic harm from the unnecessary discard of sablefish that are caught
along with Pacific halibut, as both fixed gear sablefish and Pacific
halibut are managed under the same IFQ program. Immediate effectiveness
of these final 2024 and 2025 harvest specifications will allow the
sablefish IFQ fishery to begin concurrently with the Pacific halibut
IFQ season.
Finally, immediate effectiveness also would provide the fishing
industry the earliest possible opportunity to plan and conduct its
fishing operations with respect to new information about TAC limits.
Therefore, NMFS finds good cause to waive the 30-day delay in the date
of effectiveness for this rule under 5 U.S.C. 553(d)(3).
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 tables contained in this final rule are provided online
and serve as the plain language guide to assist small entities in
complying with this final rule as required by the Small Business
Regulatory Enforcement Fairness Act of 1996. This final rule's primary
purpose is to announce the final 2024 and 2025 harvest specifications
and prohibited species bycatch allowances for the groundfish fisheries
of the BSAI. This action is necessary to establish harvest limits and
associated management measures for groundfish during the 2024 and 2025
fishing years and is taken in accordance with the FMP prepared by the
Council pursuant to the Magnuson-Stevens Act. This action directly
affects all fishermen who participate in the BSAI fisheries. The
specific amounts of OFL, ABC, TAC, and PSC amounts are provided in
tables in this final rule to assist the reader. This final rule also
contains plain language summaries of the underlying relevant
regulations supporting the harvest specifications and the harvest of
groundfish in the BSAI that the reader may find helpful.
Information to assist small entities in complying with this final
rule is provided online. The OFL, ABC, TAC, and PSC tables are
individually available online at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-groundfish-harvest-specifications.
Explanatory information on the relevant regulations supporting the
harvest specifications is found in footnotes to the tables. Harvest
specification changes are also available from the same online source,
which includes applicable Federal Register notices, information
bulletins, and other supporting materials. NMFS will announce closures
of directed fishing in the Federal Register and information bulletins
released by the Alaska Region. Affected fishermen should keep
themselves informed of such closures.
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: March 5, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2024-05093 Filed 3-8-24; 8:45 am]
BILLING CODE 3510-22-P
