Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; Proposed 2025 and 2026 Harvest Specifications for Groundfish, 96186-96204 [2024-28414]

Download as PDF 96186 Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Proposed Rules The E-Government Act of 2002,21 requires Federal agencies to conduct a Privacy Impact Assessment (PIA) for new or substantially changed technology that collects, maintains, or disseminates information in an identifiable form. No new or substantially changed technology would collect, maintain, or disseminate information as a result of this rule. Accordingly, FMCSA has not conducted a PIA. In addition, the Agency submitted a Privacy Threshold Assessment (PTA) to evaluate the risks and effects the proposed rulemaking might have on collecting, storing, and sharing personally identifiable information. The PTA has been submitted to FMCSA’s Privacy Officer for review and preliminary adjudication and to DOT’s Privacy Officer for review and final adjudication. I. E.O. 13175 (Indian Tribal Governments) This rule does not have Tribal implications under E.O. 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes. J. National Environmental Policy Act of 1969 ddrumheller on DSK120RN23PROD with PROPOSALS1 FMCSA analyzed this proposed rule pursuant to the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321, et seq.) and determined this action is categorically excluded from further analysis and documentation in an environmental assessment or environmental impact statement under FMCSA Order 5610.1 (69 FR 9680), Appendix 2, paragraph (6)(t)(2). The categorical exclusion (CE) in paragraph (6)(t)(2) covers requirements ensuring that States have the appropriate regulations concerning the qualification and licensing of persons who apply and are issued a commercial driver’s license. The proposed requirements in this rule are covered by this CE. K. Rulemaking Summary As required by 5 U.S.C. 553(b)(4), a summary of this rule can be found in the Abstract section of the Department’s Unified Agenda entry for this rulemaking at https://www.reginfo.gov/ 21 Public Law 107–347, sec. 208, 116 Stat. 2899, 2921 (Dec. 17, 2002). VerDate Sep<11>2014 16:34 Dec 03, 2024 Jkt 265001 public/do/eAgendaViewRule?pubId= 202310&RIN=2126-AC59. List of Subjects in 49 CFR Part 383 Administrative practice and procedure, Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor carriers, Penalties, Safety, Transportation. Accordingly, FMCSA proposes to amend 49 CFR chapter III, part 383 as follows: PART 383—COMMERCIAL DRIVER’S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES 1. The authority citation for part 383 continues to read as follows: Issued under authority delegated in 49 CFR 1.87. Vincent G. White, Deputy Administrator. [FR Doc. 2024–28097 Filed 12–3–24; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 241127–0305; RTID 0648– XE346] ■ Authority: 49 U.S.C. 521, 31136, 31301, et seq., and 31502; secs. 214 and 215 of Pub. L. 106–159, 113 Stat. 1748, 1766, 1767; sec. 1012(b) of Pub. L. 107–56, 115 Stat. 272, 297, sec. 4140 of Pub. L. 109–59, 119 Stat. 1144, 1746; sec. 32934 of Pub. L. 112–141, 126 Stat. 405, 830; sec. 23019 of Pub. L. 117–58, 135 Stat. 429, 777; and 49 CFR 1.87. 2. Amend § 383.3 by revising paragraph (i) to read as follows: ■ § 383.3 Applicability. * * * * * (i) Hazardous materials endorsement exemption for certain drivers transporting diesel or jet fuel. A State may waive the requirement for a holder of a Class A commercial driver’s license to obtain a hazardous materials endorsement under this part, if the license holder is: (1) Acting within the scope of the license holder’s employment, and within the State of domicile (or another State with a hazardous materials endorsement exemption) as an employee of a custom harvester operation, agrichemical business, farm retail outlet and supplier, livestock feeder, or agriculture aviation operation; and (2) Operating a service vehicle that is: (i) Transporting diesel or jet fuel in a quantity of 3,785 liters (1,000 gallons) or less; and (ii) Clearly placarded in accordance with 49 CFR part 172 subpart F and all other applicable HMRs. * * * * * ■ 3. Amend § 383.5 by adding in alphabetical order a definition for jet fuel to read as follows: § 383.5 Definitions. * * * * * Jet fuel means ‘‘fuel, aviation, turbine engine’’ as listed in the Hazardous Materials Table in § 172.101 of this title that is reclassed as a combustible liquid in accordance with part 173 of this title. * * * * * PO 00000 Frm 00061 Fmt 4702 Sfmt 4702 Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; Proposed 2025 and 2026 Harvest Specifications for Groundfish National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; harvest specifications and request for comments. AGENCY: NMFS proposes 2025 and 2026 harvest specifications, apportionments, and prohibited species catch allowances for the groundfish fisheries of the Bering Sea and Aleutian Islands (BSAI) management area. This action is necessary to establish harvest limits for groundfish during the 2025 and 2026 fishing years and to accomplish the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). The 2025 harvest specifications supersede those previously set in the final 2024 and 2025 harvest specifications, and the 2026 harvest specifications will be superseded in early 2026 when the final 2026 and 2027 harvest specifications are published. The intended effect of this action is to conserve and manage the groundfish resources in the BSAI in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). DATES: Comments must be received by January 3, 2025. ADDRESSES: A plain language summary of this proposed rule is available at https://www.regulations.gov/docket/ NOAA-NMFS-2024-0116. You may submit comments on this document, identified by NOAA–NMFS–2024–0116, by any of the following methods: • Electronic Submission: Submit all electronic public comments via the SUMMARY: E:\FR\FM\04DEP1.SGM 04DEP1 ddrumheller on DSK120RN23PROD with PROPOSALS1 Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Proposed Rules Federal e-Rulemaking Portal. Visit https://www.regulations.gov and type NOAA–NMFS–2024–0116 in the Search box. Click on the ‘‘Comment’’ icon, complete the required fields, and enter or attach your comments. • Mail: Submit written comments to Gretchen Harrington, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region NMFS, Attn: Records Office. Mail comments to P.O. Box 21668, Juneau, AK 99802–1668. • Fax: (907) 586–7465; Attn: Gretchen Harrington. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on https://www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/ A’’ in the required fields if you wish to remain anonymous). Electronic copies of the Alaska Groundfish Harvest Specifications Final Environmental Impact Statement (Final EIS), Record of Decision (ROD) for the Final EIS, and the annual Supplementary Information Reports (SIR) to the Final EIS prepared for this action are available from https:// www.regulations.gov. An updated 2025 SIR for the final 2025 and 2026 harvest specifications will be available from the same source. The final 2023 Stock Assessment and Fishery Evaluation (SAFE) report for the groundfish resources of the BSAI, dated November 2023, is available from the North Pacific Fishery Management Council (Council) at 1007 West 3rd Ave., Suite 400, Anchorage, Alaska 99501, phone 907–271–2809, or from the NMFS Alaska Region website at https://www.fisheries.noaa.gov/alaska/ population-assessments/north-pacificgroundfish-stock-assessments-andfishery-evaluation. The 2024 SAFE report for the BSAI will be available from the same sources. FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907–586–7228. SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR part 679 implement the FMP and govern the groundfish fisheries in the BSAI. The Council prepared the FMP, and NMFS approved it, under the MagnusonStevens Act. General regulations VerDate Sep<11>2014 16:34 Dec 03, 2024 Jkt 265001 governing U.S. fisheries also appear at 50 CFR part 600. The FMP and its implementing regulations require that NMFS, after consultation with the Council, specify annually the total allowable catch (TAC) for target species. The sum of TACs for all groundfish target species in the BSAI must be within the optimum yield (OY) range of 1.4 million to 2.0 million metric tons (mt) (see § 679.20(a)(1)(i)(A) and 679.20(a)(2)). Section 679.20(c)(1) further requires that NMFS publish proposed harvest specifications in the Federal Register and solicit public comments on proposed annual TACs for each target species and apportionments thereof; prohibited species catch (PSC) allowances; prohibited species quota (PSQ) reserves established by § 679.21; seasonal allowances of pollock, Pacific cod, and Atka mackerel TAC; American Fisheries Act allocations; Amendment 80 allocations; Community Development Quota (CDQ) reserve amounts established by § 679.20(b)(1)(ii); and acceptable biological catch (ABC) surpluses and reserves for CDQ groups and Amendment 80 cooperatives for flathead sole, rock sole, and yellowfin sole. The proposed harvest specifications set forth in tables 1 through 15 of this proposed rule satisfy these requirements. In accordance with § 679.20(c)(3), NMFS will publish the final 2025 and 2026 harvest specifications after (1) considering comments received within the comment period (see DATES), (2) consulting with the Council at its December 2024 meeting, (3) considering information presented in the 2025 SIR to the Final EIS that assesses the need to prepare a Supplemental EIS (see ADDRESSES), and (4) considering information presented in the final 2024 SAFE report, including the 2024 Ecosystem Status Reports for both the Bering Sea and Aleutian Islands. Other Actions Affecting or Potentially Affecting the 2025 and 2026 Harvest Specifications Amendment 125 to the FMP: Pacific Cod Small Boat Access NMFS is developing a proposed rule to implement Amendment 125 to the FMP, which, if approved, would redefine the BSAI Pacific cod jig sector during the A-season (January 1–April 30) to include hook-and-line or pot catcher vessels (CV) less than or equal to 55 feet (ft) (16.8 meters (m)) length overall (LOA). All harvest from the redefined A-season jig sector would be deducted from the jig sector’s 1.4 percent allocation currently set in PO 00000 Frm 00062 Fmt 4702 Sfmt 4702 96187 regulation (§ 679.20(a)(7)(ii)). In addition, the current hook-and-line or pot CV less than 60 feet (ft) (18.3 m) LOA sector would be redefined from January 1 to April 30 so that harvest only from hook-and-line or pot CVs with a LOA of 55 ft (16.8 m) and less than 60 ft LOA (55–59 ft) (16.8–18.0 m) would be deducted from the hook-andline or pot CV less than 60 feet (ft) (18.3 m) LOA sector’s 2.0 percent allocation currently set in regulation (§ 679.20(a)(7)(ii)). If amendment 125 and its implementing regulations are approved by the Secretary of Commerce, NMFS would incorporate the changes in a future harvest specifications action, and any such changes are anticipated for the 2026 and 2027 harvest specifications. State of Alaska Guideline Harvest Levels For 2025 and 2026, the State of Alaska Board of Fisheries (BOF) established the guideline harvest level (GHL) for vessels using pot, longline, jig, and hand troll gear in State waters in the State’s Aleutian Islands subarea (AI) Statewaters 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 AI GHL is set at 5 percent of the combined proposed Bering Sea (BS) subarea and AI ABC (1,233 mt). The State’s AI sablefish registration area includes areas adjacent to parts of the Federal BS subarea. Since most of the State’s 2025 and 2026 GHL sablefish fishery is expected to occur in State waters adjacent to the Federal BS subarea, the Council and its BSAI Groundfish Plan Team (Plan Team), Scientific and Statistical Committee (SSC), and Advisory Panel (AP) recommended that the sum of all State and Federal sablefish removals from the BS and AI not exceed the proposed ABC recommendations for sablefish in the BS and AI. Accordingly, the Council recommended, and NMFS proposes, that the 2025 and 2026 sablefish TACs in the BS and AI be reduced by at least 5 percent to account for the State’s GHLs for sablefish caught in State waters. For 2025 and 2026, the BOF established the GHL for vessels using pot gear in State waters in the BS equal to 13 percent of the Pacific cod ABC in the BS. The BS GHL will increase by one percent if 90 percent of the GHL is harvested by November 15 of the preceding year for 2 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 2 consecutive years, the GHL will decrease by 1 percent, but E:\FR\FM\04DEP1.SGM 04DEP1 ddrumheller on DSK120RN23PROD with PROPOSALS1 96188 Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Proposed Rules the GHL may not decrease below 10 percent of the BS ABC. Based on harvest in 2023 and 2024, the GHL will be 13 percent in 2025. 13 percent of the proposed BS ABC is 19,614 mt. NMFS will account for any adjustment to the 2026 GHL in the final 2026 and 2027 harvest specifications. Also, for 2025 and 2026, the BOF established an additional GHL for vessels using jig gear in State waters in the BS equal to 45 mt of Pacific cod in the BS. The Council and its Plan Team, SSC, and AP recommended that the sum of all State and Federal waters Pacific cod removals from the BS not exceed the ABC recommendations for Pacific cod in the BS. Accordingly, the Council recommended, and NMFS proposes, that the 2025 and 2026 Pacific cod TACs in the BS account for the State’s GHLs for Pacific cod caught in State waters in the BS. For 2025 and 2026, the BOF established the GHL in State waters in the AI equal to 35 percent of the Pacific cod ABC in the AI. 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 2 consecutive years, the GHL will decrease by 4 percent, but the GHL may not decrease below 15 percent of the AI ABC. Based on harvest in 2023 and 2024, the GHL likely will remain at 35 percent in 2025. Thirty-five percent of the proposed AI ABC is 4,350 mt. NMFS will account for any adjustment to the 2025 GHL in the final 2025 and 2026 harvest specifications. The GHL for 2026 may change based on harvest during the preceding fishing years, and NMFS will account for any adjustment to the 2026 GHL in the final 2026 and 2027 harvest specifications. 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, the Council recommended, and NMFS proposes, that the 2025 and 2026 Pacific cod TACs in the AI account for the State’s GHL for Pacific cod caught in State waters in the AI. Proposed ABC and TAC Harvest Specifications In October 2024, the Council’s SSC, its AP, and the Council reviewed the most recent biological and harvest information on the condition of the BSAI groundfish stocks. The Plan Team compiled and presented this VerDate Sep<11>2014 16:34 Dec 03, 2024 Jkt 265001 information in the final 2023 SAFE report for the BSAI groundfish fisheries, dated November 2023 (see ADDRESSES). The final 2024 SAFE report, including individual stock assessments, will be available on the NMFS Alaska Region website (see ADDRESSES). The proposed 2025 and 2026 harvest specifications are based on the final 2025 harvest specifications published in March 2024 (89 FR 17287, March 11, 2024), which were set after consideration of the most recent 2023 SAFE report that was presented at the November 2023 Plan Team meeting. The SAFE report contains a review of the latest scientific analyses and estimates of each species’ biomass and past, present, and possible future condition of the stocks and groundfish fisheries off Alaska. The SAFE report also contains an economic summary informed by the Economic SAFE and ecosystem information summarized from the Ecosystem Status Reports (ESR). The SAFE report provides information to the Council and NMFS for recommending and setting, respectively, annual harvest levels for each stock and documenting significant trends or changes in the resource, marine ecosystems, and fisheries over time. The ESRs are combined into an appendix to the SAFE reports. 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, and they are updated annually. These ESRs include ecosystem report cards, ecosystem assessments, and ecosystem status indicators (i.e., climate indices, sea surface temperature), which together provide context for ecosystem-based fisheries management in Alaska. The ESRs inform stock assessments and are integrated into the annual harvest recommendations, primarily through inclusion in stock assessment-specific risk tables that inform the specification of ABC for target species. Also, the ESRs provide context for the SSC’s recommendations for overfishing levels (OFL) and ABCs, as well as for the Council’s TAC recommendations. The SAFE reports and the ESRs are presented at the October and December Council meetings before the SSC, AP, and the Council make groundfish harvest recommendations, and they aid NMFS in implementing these annual groundfish harvest specifications. An ESR is prepared for both the Eastern BS ecosystem and the AI ecosystem (as well as for the Gulf of Alaska ecosystem). In addition to the 2023 SAFE report, the Plan Team, SSC, and Council also reviewed preliminary survey data from PO 00000 Frm 00063 Fmt 4702 Sfmt 4702 2024 surveys, updates on ecosystem and socioeconomic profiles (ESPs) for certain species, initial updates on climate and oceanography for Alaska ecosystems, and summaries of potential changes to models and methodologies. From these data and analyses, the Plan Team and SSC recommend the proposed OFL and ABC for each species and species group. The proposed 2025 and 2026 harvest specifications in this action are subject to change in the final harvest specifications to be published by NMFS following the Council’s December 2024 meeting. In November 2024, the Plan Team will update the 2023 SAFE report to include new information collected during 2024, such as NMFS stock surveys, revised stock assessments, and catch data. The Plan Team will compile this information and present the draft 2024 SAFE report at the December 2024 Council meeting. At that meeting, the SSC and the Council will review the 2024 SAFE report, and the Council will approve the 2024 SAFE report for use in informing the Council’s final recommendations to NMFS. The Council will consider information in the 2024 SAFE report, recommendations from the November 2024 Plan Team meeting and December 2024 SSC and AP meetings, public testimony, and relevant written comments in making its recommendations to NMFS for the final 2025 and 2026 harvest specifications. Pursuant to § 679.20(a)(2) and (3), the Council could recommend that NMFS adjust the final TACs if warranted based on the biological condition of groundfish stocks or a variety of socioeconomic considerations, or if required to cause the sum of TACs to fall within the OY range. Potential Changes Between Proposed and Final Specifications In previous years, the most significant changes (relative to the amount of assessed tonnage of fish) to the OFLs and ABCs from the proposed to the final harvest specifications have been based on the most recent NMFS stock surveys. These surveys provide updated estimates of stock biomass and spatial distribution, and inform changes to the models or the models’ results used for producing stock assessments. Any changes to models used in stock assessments will be recommended by the Plan Team in November 2024, reviewed by the SSC in December 2024, and then included in the final 2024 SAFE report. Model changes can result in changes to final OFLs, ABCs, and TACs. The final 2024 SAFE report will include the most recent information, such as catch data. E:\FR\FM\04DEP1.SGM 04DEP1 Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Proposed Rules The final harvest specification amounts for these stocks are not expected to vary greatly from these proposed harvest specification amounts. If the 2024 SAFE report indicates that the stock biomass trend is increasing for a species, then the final 2025 and 2026 harvest specifications may reflect an increase from the proposed harvest specifications. Conversely, if the 2024 SAFE report indicates that the stock biomass trend is decreasing for a species, then the final 2025 and 2026 harvest specifications may reflect a decrease from the proposed harvest specifications. In addition to changes driven by biomass trends, there may be changes in TACs due to the constraint of the OY for the BSAI. Under regulations and the FMP, TAC may not exceed ABC, but can be set equal to ABC. The regulations require the sum of all TACs for target species in the BSAI to be set to an OY between 1.4 and 2 million mt. Thus, the Council may be required to recommend TACs that are lower than the ABCs recommended by the Plan Team and the SSC, if setting all TACs equal to ABCs would cause the sum of TACs to exceed an OY of 2 million mt. Generally, total ABCs greatly exceed 2 million mt in years with a large pollock biomass. For both 2025 and 2026, NMFS anticipates that the sum of the final ABCs will exceed 2 million mt, and therefore TACs for some species likely will have to be set lower than ABCs to ensure the sum of TACs is between 1.4 and 2 million mt. Historically, the sum of the final TACs has been close to or equal to 2 million mt. The proposed 2025 and 2026 OFLs and ABCs are based on the best available biological and scientific information, including projected biomass trends, information on assumed distribution of stock biomass, and revised technical methods used to calculate stock biomass. The FMP specifies a series of six tiers to define OFLs and ABCs based on the level of reliable information available to fishery scientists. Tier 1 represents the highest level of information quality available, while Tier 6 represents the lowest. The proposed 2025 and 2026 TACs are also based on the best available biological and socioeconomic information. In October 2024, the SSC adopted the proposed 2025 and 2026 OFLs and ABCs recommended by the Plan Team for all groundfish. In making its recommendations, the Council adopted the SSC’s OFL and ABC recommendations. The OFL and ABC amounts are unchanged from the final 2025 harvest specifications published in the Federal Register on March 11, 2024 (89 FR 17287). The sum of the proposed 2025 and 2026 ABCs for all assessed groundfish is 3,550,691 mt. The sum of the proposed TACs is 1,998,491 mt. NMFS has reviewed the recommendations of the SSC and Council for OFLs, ABCs, and TACs for target species and species groups in the BSAI as well as any other relevant information. Based on that review, NMFS is proposing the OFLs, ABCs, and TACs set forth in the tables of this proposed rule. NMFS concludes that these specifications are consistent with the Magnuson-Stevens Act, the FMP, and other applicable law, subject to further review and consideration after public comment. Specification and Apportionment of TAC Amounts The Council recommended proposed 2025 and 2026 TACs that are equal to the proposed ABCs for 2025 and 2026 BS and AI Greenland turbot, BSAI Kamchatka flounder, Central AI Atka 96189 mackerel, BS Pacific ocean perch, Central AI Pacific ocean perch, Eastern AI Pacific ocean perch, BS and Eastern AI blackspotted and rougheye rockfish, Central AI and Western AI blackspotted and rougheye rockfish, BSAI shortraker rockfish, and BS and AI ‘‘other rockfish.’’ The Council recommended proposed TACs less than the respective proposed ABCs for all other species and species groups. TACs for some species and species groups are reduced so that the overall TAC does not exceed the BSAI OY. The proposed groundfish OFLs, ABCs, and TACs are subject to change pending the completion of the final 2024 SAFE report, public comment, and the Council’s recommendations for the final 2025 and 2026 harvest specifications during its December 2024 meeting. These proposed amounts are consistent with the biological condition of groundfish stocks as described in the 2023 SAFE report. The proposed ABCs reflect harvest amounts that are less than the specified overfishing levels. The proposed TACs have been adjusted for other biological information and socioeconomic considerations, including maintaining the overall TAC within the required OY range. Pursuant to section 3.2.3.4.1 of the FMP, the Council could recommend that NMFS adjust the final TACs, if warranted on the basis of bycatch considerations, management uncertainty, or socioeconomic considerations; or if required in order to cause the sum of the TACs to fall within the OY range. Table 1 lists the proposed 2025 and 2026 OFL, ABC, TAC, initial TAC (ITAC), CDQ amounts, and nonspecified reserves for groundfish for the BSAI. The proposed apportionment of TAC amounts among fisheries and seasons is discussed below. TABLE 1—PROPOSED 2025 AND 2026 OVERFISHING LEVEL (OFL), ACCEPTABLE BIOLOGICAL CATCH (ABC), TOTAL ALLOWABLE CATCH (TAC), INITIAL TAC (ITAC), CDQ RESERVE ALLOCATION, AND NONSPECIFIED RESERVES OF GROUNDFISH IN THE BSAI 1 [Amounts are in metric tons] Proposed 2025 and 2026 Species Area OFL ddrumheller on DSK120RN23PROD with PROPOSALS1 Pollock 4 ...................................................................... Pacific cod 5 ................................................................ Sablefish 6 ................................................................... Yellowfin sole ............................................................. Greenland turbot ........................................................ Arrowtooth flounder .................................................... Kamchatka flounder ................................................... VerDate Sep<11>2014 16:34 Dec 03, 2024 Jkt 265001 BS ......................... AI .......................... Bogoslof ............... BS ......................... AI .......................... Alaska-wide .......... BS ......................... AI .......................... BSAI ..................... BSAI ..................... BS ......................... AI .......................... BSAI ..................... BSAI ..................... PO 00000 Frm 00064 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 Fmt 4702 ABC 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 Sfmt 4702 TAC 1,325,000 19,000 250 131,217 8,080 n/a 9,500 8,440 195,000 2,740 2,310 430 14,000 7,360 E:\FR\FM\04DEP1.SGM ITAC 2 1,192,500 17,100 250 117,177 7,216 n/a 4,038 1,794 174,135 2,329 1,964 366 11,900 6,256 04DEP1 CDQ 3 4 Nonspecified reserves 132,500 1,900 .................... 14,040 865 n/a 356 158 20,865 n/a 247 .................... 1,498 .................... ........................ ........................ ........................ ........................ ........................ ........................ 356 158 ........................ ........................ 99 65 602 1,104 96190 Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Proposed Rules TABLE 1—PROPOSED 2025 AND 2026 OVERFISHING LEVEL (OFL), ACCEPTABLE BIOLOGICAL CATCH (ABC), TOTAL ALLOWABLE CATCH (TAC), INITIAL TAC (ITAC), CDQ RESERVE ALLOCATION, AND NONSPECIFIED RESERVES OF GROUNDFISH IN THE BSAI 1—Continued [Amounts are in metric tons] Proposed 2025 and 2026 Species Area OFL ABC Skates ......................................................................... Sharks ........................................................................ Octopuses .................................................................. 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 ..................... 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 706 1,680 n/a n/a 99,723 n/a n/a n/a 44,203 689 6,080 122,535 68,203 37,560 17,189 40,366 11,430 7,828 5,423 15,685 18,685 607 412 195 530 1,260 880 380 84,676 37,049 14,877 32,750 36,625 450 4,560 66,000 35,500 20,000 4,500 37,181 11,430 7,828 5,423 12,500 15,000 607 412 195 530 1,260 880 380 66,165 30,000 14,877 21,288 30,361 400 400 Total .................................................................... ............................... 4,946,241 3,550,691 1,998,491 Rock sole 7 ................................................................. Flathead sole 8 ............................................................ Alaska plaice .............................................................. Other flatfish 9 ............................................................. Pacific ocean perch .................................................... Northern rockfish ........................................................ Blackspotted/Rougheye rockfish 10 ............................ Shortraker rockfish ..................................................... Other rockfish 11 ......................................................... Atka mackerel ............................................................. TAC CDQ 3 4 Nonspecified reserves 58,938 31,702 17,000 3,825 32,711 9,716 6,990 4,843 11,163 12,750 516 350 166 451 1,071 748 323 59,085 26,790 13,285 19,010 25,807 340 340 7,062 3,799 .................... .................... n/a .................... 838 580 1,338 .................... .................... .................... .................... .................... .................... .................... .................... 7,080 3,210 1,592 2,278 .................... .................... .................... ........................ ........................ 3,000 675 ........................ 1,715 ........................ ........................ ........................ 2,250 91 62 29 80 189 132 57 ........................ ........................ ........................ ........................ 4,554 60 60 1,779,229 193,125 15,058 ITAC 2 1 These ddrumheller on DSK120RN23PROD with PROPOSALS1 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 subarea includes the Bogoslof District. 2 Except for pollock, the portion of the sablefish TAC allocated to fixed gear, and the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 15 percent of the TAC for each species and species group is put into a nonspecified reserve. The ITAC for these species is the remainder of the TAC after subtraction of the reserves. For pollock and Amendment 80 species, ITAC is the non-CDQ allocation of TAC (see footnote 3 and 4). 3 For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and 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 BSAI arrowtooth flounder are reserved for use by CDQ participants (see § 679.20(b)(1)(ii)(B) and (D)). The 2026 fixed gear portion of the sablefish ITAC and CDQ reserve will not be specified until the final 2026 and 2027 harvest specifications. Aleutian Islands Greenland turbot, ‘‘other flatfish,’’ Alaska plaice, Bering Sea Pacific ocean perch, Kamchatka flounder, northern rockfish, shortraker rockfish, blackspotted and rougheye rockfish, ‘‘other rockfish,’’ skates, sharks, and octopuses are not allocated to the CDQ Program. 4 Under § 679.20(a)(5)(i)(A), the annual BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (46,000 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 (3,000 mt), is allocated to the Aleut Corporation for a pollock directed fishery. The Bogoslof pollock TAC is set to accommodate incidental catch amounts. 5 The proposed BS Pacific cod TAC is set to account for the 13 percent of the BS ABC, plus 45 mt, for the State of Alaska’s (State) guideline harvest levels in State waters of the BS. The proposed 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 of Alaska’s (State) 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). 11 ‘‘Other rockfish’’ includes all Sebastes and Sebastolobus species except for Pacific ocean perch, dark rockfish, northern rockfish, shortraker rockfish, and blackspotted/rougheye rockfish. Note: Regulatory areas and districts are defined at § 679.2 (BSAI = Bering Sea and Aleutian Islands management area, BS = Bering Sea subarea, AI = Aleutian Islands subarea, EAI = Eastern Aleutian district, CAI = Central Aleutian district, WAI = Western Aleutian district.) Groundfish Reserves and the Incidental Catch Allowance for Pollock, Atka Mackerel, Flathead Sole, Rock Sole, Yellowfin Sole, and AI Pacific Ocean Perch Section 679.20(b)(1)(i) requires NMFS to reserve 15 percent of the TAC for each target species (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 VerDate Sep<11>2014 16:34 Dec 03, 2024 Jkt 265001 allocation of sablefish to the fixed gear sablefish CDQ reserve for each subarea. Section 679.20(b)(1)(ii)(D) requires that NMFS allocate 7.5 percent of the trawl gear allocation of sablefish for each subarea from the nonspecified reserve and 10.7 percent of BS Greenland turbot and BSAI arrowtooth flounder TACs to the respective CDQ reserves. Section 679.20(b)(1)(ii)(C) requires that NMFS allocate 10.7 percent of the TACs for Atka mackerel, AI Pacific ocean perch, yellowfin sole, rock sole, flathead sole, and Pacific cod (the Amendment 80 PO 00000 Frm 00065 Fmt 4702 Sfmt 4702 allocated species) to the respective CDQ reserves. Sections 679.20(a)(5)(i)(A) and 679.31(a) require allocation of 10 percent of the BS pollock TAC to the pollock CDQ directed fishing allowance (DFA). Sections 679.20(a)(5)(iii)(B)(2)(i) and 679.31(a) require 10 percent of the AI pollock TAC be allocated to the pollock CDQ DFA. The entire Bogoslof District pollock TAC is allocated as an incidental catch allowance (ICA) pursuant to § 679.20(a)(5)(ii) because the Bogoslof District is closed to directed E:\FR\FM\04DEP1.SGM 04DEP1 Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Proposed Rules fishing for pollock by regulation (§ 679.22(a)(7)(B)). With the exception of the fixed gear sablefish CDQ reserve, the regulations do not further apportion the CDQ reserves by gear. Pursuant to § 679.20(a)(5)(i)(A)(1), NMFS proposes a pollock ICA of 46,000 mt of the BS pollock TAC after subtracting the 10 percent CDQ DFA. This allowance is based on NMFS’s examination of the pollock incidentally retained and discarded catch, including the incidental catch by CDQ vessels, in target fisheries other than pollock in recent years. Pursuant to § 679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS proposes a pollock ICA of 3,000 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 in recent years. After subtracting the 10.7 percent CDQ reserve and pursuant to § 679.20(a)(8) and (10), NMFS proposes ICAs of 2,000 mt of flathead sole, 3,000 mt of rock sole, 2,000 mt of yellowfin sole, 10 mt of Western Aleutian district Pacific ocean perch, 60 mt of Central Aleutian district Pacific ocean perch, 100 mt of Eastern Aleutian district Pacific ocean perch, 20 mt of Western Aleutian district Atka mackerel, 100 mt of Central Aleutian district Atka mackerel, and 800 mt of Eastern Aleutian district and BS Atka mackerel. These ICAs are based on NMFS’s examination of the incidental catch in other target fisheries in recent years. The regulations do not designate the remainder of the nonspecified reserve by species or species group. Any amount of the reserve may be apportioned to a target species that contributed to the nonspecified reserve during the year, provided that such apportionments are consistent with § 679.20(a)(3) and do not result in overfishing (see § 679.20(b)(1)(i)). In the final 2025 and 2026 harvest specifications, NMFS will evaluate whether any apportionments are necessary and may apportion from the nonspecified reserve to increase the ITAC for any target species that contributed to the reserve. Allocations of Pollock TAC Under the American Fisheries Act Section 679.20(a)(5)(i)(A) requires that BS pollock TAC be apportioned as a DFA, after subtracting 10 percent for the CDQ Program and 46,000 mt for the ICA, as follows: 50 percent to the inshore sector, 40 percent to the catcher/processor (CP) sector, and 10 percent to the mothership sector. In the BS, 45 percent of the DFAs are allocated to the A season (January 20 to June 10), and 55 percent of the DFAs are allocated to the B season (June 10 to November 1) (§§ 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 3,000 mt for the ICA (§ 679.20(a)(5)(iii)(B)(2)). In the AI, the total A season apportionment of the pollock TAC (including the AI directed fishery allocation, the CDQ DFA, and the ICA) may not exceed 40 percent of the ABC for AI pollock, and the remainder of the pollock TAC is allocated to the B season (§ 679.20(a)(5)(iii)(B)(3)). Table 2 lists these proposed 2025 and 2026 amounts. Within any fishing year, any underharvest of a seasonal allowance may be added to a subsequent seasonal allowance (§ 679.20(a)(5)(i)(B)(2) and 679.20(a)(5)(iii)(B)(3)(iii)). Section 679.20(a)(5)(iii)(B)(6) sets harvest limits for pollock in the A season (January 20 to June 10) in Areas 543, 542, and 541. In Area 543, the A season pollock harvest limit is no more than 5 percent of the AI pollock ABC. In Area 542, the A season pollock harvest limit is no more than 15 percent of the AI pollock ABC. In Area 541, the A season pollock harvest limit is no more than 30 percent of the AI pollock ABC. Section 679.20(a)(5)(i)(A)(4) includes several specific requirements regarding BS pollock allocations. First, it requires 96191 that 8.5 percent of the pollock allocated to the CP sector be available for harvest by American Fisheries Act (AFA) catcher vessels (CVs) with CP sector endorsements, unless the Regional Administrator receives a cooperative contract that allows the distribution of harvest among AFA CPs and AFA CVs in a manner agreed to by all members of the CP sector cooperative(s). Second, AFA CPs not listed in the AFA are limited to harvesting no more than 0.5 percent of the pollock allocated to the CP sector. Table 2 lists the proposed 2025 and 2026 allocations of pollock TAC. Tables 13, 14, and 15 list the AFA CP and CV harvesting sideboard limits. The BS inshore pollock cooperative and open access sector allocations are based on the submission of AFA inshore cooperative applications due to NMFS on December 1 of each calendar year. Because AFA inshore cooperative applications for 2025 have not been submitted to NMFS, and NMFS therefore cannot calculate 2025 allocations, NMFS has not included inshore cooperative tables in these proposed harvest specifications. NMFS will include the 2025 AFA inshore pollock cooperative and open access sector allocations in the final harvest specifications. NMFS also will post the 2025 AFA inshore pollock cooperative and open access sector allocations on the Alaska Region website at https:// www.fisheries.noaa.gov/alaska/ sustainable-fisheries/alaska-fisheriesmanagement-reports prior to the start of the fishing year, based on the harvest specifications effective on that date. Table 2 also lists proposed seasonal apportionments of pollock and harvest limits within the Steller Sea Lion Conservation Area (SCA). The harvest of pollock within the SCA, as defined at § 679.22(a)(7)(vii), is limited to no more than 28 percent of the annual pollock DFA before 12 p.m. (noon), April 1, as provided in § 679.20(a)(5)(i)(C). The A season pollock SCA harvest limit will be apportioned to each sector in proportion to each sector’s allocated percentage of the DFA. TABLE 2—PROPOSED 2025 AND 2026 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ DIRECTED FISHING ALLOWANCES (DFA) 1 ddrumheller on DSK120RN23PROD with PROPOSALS1 [Amounts are in metric tons] A season 1 2025 and 2026 allocations Area and sector Bering Sea subarea TAC ...................................................................................... CDQ DFA ............................................................................................................... ICA 1 ....................................................................................................................... Total Bering Sea DFA (non-CDQ) ......................................................................... VerDate Sep<11>2014 16:34 Dec 03, 2024 Jkt 265001 PO 00000 Frm 00066 Fmt 4702 Sfmt 4702 A season DFA 1,325,000 132,500 46,000 1,146,500 E:\FR\FM\04DEP1.SGM n/a 59,625 n/a 515,925 04DEP1 B season 1 SCA harvest limit 2 n/a 37,100 n/a 321,020 B season DFA n/a 72,875 n/a 630,575 96192 Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Proposed Rules TABLE 2—PROPOSED 2025 AND 2026 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ DIRECTED FISHING ALLOWANCES (DFA) 1—Continued [Amounts are in metric tons] A season 1 2025 and 2026 allocations Area and sector AFA Inshore ........................................................................................................... AFA Catcher/Processors 3 ..................................................................................... Catch by CPs ................................................................................................. Catch by CVs 3 ............................................................................................... Unlisted CP Limit 4 ................................................................................... AFA Motherships ................................................................................................... Excessive Harvesting Limit 5 .................................................................................. Excessive Processing Limit 6 ................................................................................. Aleutian Islands subarea ABC ............................................................................... Aleutian Islands subarea TAC ............................................................................... CDQ DFA ............................................................................................................... ICA ......................................................................................................................... Aleut Corporation ................................................................................................... Area harvest limit 7 ................................................................................................. 541 .................................................................................................................. 542 .................................................................................................................. 543 .................................................................................................................. Bogoslof District ICA 8 ............................................................................................ A season DFA 573,250 458,600 419,619 38,981 2,293 114,650 200,638 343,950 43,863 19,000 1,900 3,000 14,100 n/a 13,159 6,579 2,193 300 257,963 206,370 188,829 17,541 1,032 51,593 n/a n/a n/a n/a 1,900 1,500 14,100 n/a n/a n/a n/a n/a B season 1 SCA harvest limit 2 160,510 128,408 n/a n/a n/a 32,102 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 315,288 252,230 230,790 21,440 1,261 63,058 n/a n/a n/a n/a .................... 1,500 .................... n/a n/a n/a n/a n/a 1 Pursuant to § 679.20(a)(5)(i)(A), the annual Bering Sea subarea pollock TAC, after subtracting the CDQ DFA (10 percent) and the ICA (46,000 mt), is allocated as a DFA as follows: inshore sector–50 percent, CPs–40 percent, and mothership sector–10 percent. In the Bering Sea subarea, 45 percent of the DFA and CDQ DFA are allocated to the A season (January 20–June 10) and 55 percent of the DFA and CDQ DFA are allocated to the B season (June 10–November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2), the annual Aleutian Islands subarea pollock TAC, after subtracting first for the CDQ DFA (10 percent) and second for the ICA (3,000 mt), is allocated to the Aleut Corporation for a directed pollock fishery. In the Aleutian Islands subarea, the A season is allocated up to 40 percent of the AI pollock ABC. 2 In the Bering Sea subarea, pursuant to § 679.20(a)(5)(i)(C), no more than 28 percent of each sector’s annual DFA may be taken from the SCA before noon, April 1. The SCA is defined at § 679.22(a)(7)(vii). 3 Pursuant to § 679.20(a)(5)(i)(A)(4), 8.5 percent of the DFA allocated to listed CPs shall be available for harvest only by eligible catcher vessels with a CP endorsement delivering to listed CPs, unless there is a cooperative contract for the year. 4 Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted CPs are limited to harvesting not more than 0.5 percent of the C/P sector’s allocation of pollock. 5 Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ pollock DFAs. 6 Pursuant to § 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30 percent of the sum of the non-CDQ pollock DFAs. 7 Pursuant to § 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in Area 541 no more than 30 percent, in Area 542 no more than 15 percent, and in Area 543 no more than 5 percent of the Aleutian Islands pollock ABC. 8 Pursuant to § 679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The amounts specified are therefore for incidental catch only and are not apportioned by season or sector (§ 679.20(a)(5)(ii)). ddrumheller on DSK120RN23PROD with PROPOSALS1 Allocation of the Atka Mackerel TACs Section 679.20(a)(8) allocates the Atka mackerel TACs to the Amendment 80 and BSAI trawl limited access sectors, after subtracting the CDQ reserves, ICAs for the BSAI trawl limited access sector and non-trawl gear sector, and the jig gear allocation (table 3). The percentage of the ITAC for Atka mackerel allocated to the Amendment 80 and BSAI trawl limited access sectors is listed in table 33 to 50 CFR part 679 and in § 679.91. Pursuant to § 679.20(a)(8)(i), up to 2 percent of the Eastern Aleutian district and BS subarea Atka mackerel TAC may be allocated to vessels using jig gear. The percent of this allocation is recommended annually by the Council based on several criteria, including the anticipated harvest capacity of the jig gear fleet. The Council recommended, and NMFS proposes, a 0.5 percent allocation of the Atka mackerel TAC in the Eastern Aleutian district and BS VerDate Sep<11>2014 16:34 Dec 03, 2024 Jkt 265001 subarea to the jig sector gear in 2025 and 2026. 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 trawl seasons to trawl CDQ Atka mackerel fishing. Within any fishing year, any underharvest or overharvest of a seasonal allowance may be added to or subtracted from a subsequent seasonal allowance (§ 679.20(a)(8)(ii)(B)). The ICA and jig gear allocations are not apportioned by season. Sections 679.20(a)(8)(ii)(C)(1)(i) and (ii) limit Atka mackerel catch within waters 0 nautical miles (nmi) to 20 nmi PO 00000 Frm 00067 Fmt 4702 Sfmt 4702 of Steller sea lion sites listed in table 6 to 50 CFR part 679 and located west of 178° W longitude to no more than 60 percent of the annual TACs in Areas 542 and 543, and equally divides that annual harvest limit between the A and B seasons as defined at § 679.23(e)(3). Section 679.20(a)(8)(ii)(C)(2) requires that the annual TAC in Area 543 will be no more than 65 percent of the ABC in Area 543. Section 679.20(a)(8)(ii)(D) requires that any unharvested Atka mackerel A season allowance that is added to the B season be prohibited from being harvested within waters 0 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. Table 3 lists the proposed 2025 and 2026 Atka mackerel seasonal allowances, area allowances, and the sector allocations. One Amendment 80 cooperative has formed for the 2025 fishing year. Because all Amendment 80 vessels are part of the sole cooperative, E:\FR\FM\04DEP1.SGM 04DEP1 Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Proposed Rules no allocation to the Amendment 80 limited access sector is required for 2025. The 2026 allocations for Atka mackerel between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known 96193 website at https:// www.fisheries.noaa.gov/alaska/ sustainable-fisheries/sustainablefisheries-alaska prior to the start of the fishing year, based on the harvest specifications effective on that date. until eligible participants apply for participation in the program by November 1, 2025. NMFS will post the 2026 Amendment 80 cooperatives and Amendment 80 limited access sector allocations on the Alaska Region TABLE 3—PROPOSED 2025 AND 2026 SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, CDQ RESERVE, INCIDENTAL CATCH ALLOWANCE (ICA), AND AMENDMENT 80 ALLOCATIONS OF THE BSAI ATKA MACKEREL TAC [Amounts are in metric tons] 2025 and 2026 allocation by area Sector 1 Season 2 3 4 TAC ........................................................................ CDQ reserve .......................................................... n/a ................................... Total ................................ A ...................................... Critical habitat 5 ............... B ...................................... Critical habitat 5 ............... n/a ................................... Total ................................ Total ................................ Total ................................ A ...................................... Critical habitat 5 ............... B ...................................... Critical habitat 5 ............... Total ................................ A ...................................... Critical habitat 5 ............... B ...................................... Critical habitat 5 ............... non-CDQ TAC ........................................................ ICA .......................................................................... Jig 6 ......................................................................... BSAI trawl limited access ....................................... Amendment 80 7 ..................................................... Eastern Aleutian District/Bering Sea 30,000 3,210 1,605 n/a 1,605 n/a 26,790 800 130 2,586 1,293 n/a 1,293 n/a 23,274 11,637 n/a 11,637 n/a Central Aleutian District 5 Western Aleutian District 5 14,877 1,592 796 478 796 478 13,285 100 ................................ 1,319 659 396 659 396 11,867 5,933 3,560 5,933 3,560 21,288 2,278 1,139 683 1,139 683 19,010 20 ................................ ................................ ................................ ................................ ................................ ................................ 18,990 9,495 5,697 9,495 5,697 1 Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and the jig gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in table 33 to 50 CFR part 679 and § 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see § 679.20(b)(1)(ii)(C)). 2 Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery. 3 The seasonal allowances of Atka mackerel for the CDQ reserve, BSAI trawl limited access sector, and Amendment 80 sector are 50 percent in the A season and 50 percent in the B season. 4 Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from January 20 to June 10, and the B season from June 10 to December 31. 5 Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to be caught inside of Steller sea lion critical habitat; § 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 § 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 District and Bering Sea subarea TAC be allocated to jig gear after subtraction of the CDQ reserve and ICA. The proposed amount of this allocation is 0.5 percent. The jig gear allocation is not apportioned by season. 7 The 2026 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, 2025. ddrumheller on DSK120RN23PROD with PROPOSALS1 Allocation of the Pacific Cod TAC The Council separated the BSAI OFL, ABC, and TAC into BS and AI subarea OFLs, ABCs, and TACs for Pacific cod in 2014 (79 FR 12108, March 4, 2014). Section 679.20(b)(1)(ii)(C) allocates 10.7 percent of the BS TAC and the AI TAC to the CDQ Program. After CDQ allocations have been deducted from the respective BS and AI Pacific cod TACs, the remaining BS and AI Pacific cod TACs are combined for calculating further BSAI Pacific cod sector allocations and seasonal allowances. If the non-CDQ Pacific cod TAC is or will be reached in either the BS or the AI subareas, NMFS will prohibit directed fishing for non-CDQ Pacific cod in that VerDate Sep<11>2014 16:34 Dec 03, 2024 Jkt 265001 subarea, as provided in § 679.20(d)(1)(iii). Section 679.20(a)(7)(ii) allocates to the non-CDQ sectors the combined BSAI Pacific cod TAC, after subtracting 10.7 percent for the CDQ Program, as follows: 1.4 percent to vessels using jig gear, 2.0 percent to hook-and-line or pot CVs less than 60 feet (ft) (18.3 m) LOA, 0.2 percent to hook-and-line CVs greater than or equal to 60 ft (18.3 m) LOA, 48.7 percent to hook-and-line CPs, 8.4 percent to pot CVs greater than or equal to 60 ft (18.3 m) LOA, 1.5 percent to pot CPs, 2.3 percent to AFA trawl CPs, 13.4 percent to the Amendment 80 sector, and 22.1 percent to trawl CVs. The BSAI ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of BSAI Pacific cod PO 00000 Frm 00068 Fmt 4702 Sfmt 4702 TAC allocated to the hook-and-line and pot sectors (§ 679.20(a)(7)(ii)(B)). For 2025 and 2026, the Regional Administrator proposes a BSAI ICA of 500 mt, based on anticipated incidental catch by these sectors in other fisheries. During the fishing year, NMFS may reallocate unharvested Pacific cod among sectors, consistent with the reallocation hierarchy set forth at § 679.20(a)(7)(iii). The BSAI ITAC allocation of Pacific cod to the Amendment 80 sector is established in table 33 to 50 CFR part 679 and § 679.91. One Amendment 80 cooperative has formed for the 2025 fishing year. Because all Amendment 80 vessels are part of the sole cooperative, no allocation to the Amendment 80 limited access sector is required for E:\FR\FM\04DEP1.SGM 04DEP1 96194 Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Proposed Rules 2025. The 2026 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, 2025. NMFS will post the 2026 Amendment 80 cooperatives and Amendment 80 limited access fishery allocations on the Alaska Region website at https:// www.fisheries.noaa.gov/alaska/ sustainable-fisheries/sustainablefisheries-alaska prior to the start of the fishing year, based on the harvest specifications effective on that date. The BSAI ITAC allocation of Pacific cod to the Pacific Cod Trawl Cooperative Program (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 during the A and B seasons. In the annual harvest specification process, NMFS determines the Pacific cod trawl catcher vessel TAC and the annual apportionment of Pacific cod in the A and B seasons between the PCTC Program DFA and the ICA (§ 679.131(b)(2)) (table 4 below). The allocations to PCTC Program cooperatives are not included in these proposed harvest specifications. PCTC Program cooperative applications are not due to NMFS until November 1, 2024; therefore, NMFS cannot calculate 2025 and 2026 allocations in conjunction with these proposed harvest specifications (§ 679.131(b)). After receiving the PCTC Program applications, NMFS will calculate the 2025 allocations for PCTC Program cooperatives, as set forth in in § 679.131(b), and will include the 2025 PCTC Program cooperative allocations in the final harvest specifications. NMFS also will post the 2025 PCTC Program cooperative allocations on the Alaska Region website at https:// www.fisheries.noaa.gov/alaska/ sustainable-fisheries/alaska-fisheriesmanagement-reports prior to the start of the fishing year, based on the harvest specifications effective on that date. The 2026 allocations for Pacific cod for PCTC Program cooperatives will not be known until eligible participants apply for participation in the program by November 1, 2025. The sector allocations of Pacific cod are apportioned into seasonal allowances to disperse the Pacific cod fisheries over the fishing year (see §§ 679.20(a)(7)(i)(B) (CDQ), 679.20(a)(7)(iv)(A) (non-CDQ), and 679.23(e)(5) (seasons)). Table 4 lists the non-CDQ sector and seasonal allowances. In accordance with § 679.20(a)(7)(iv)(B) and (C), any unused portion of a non-CDQ Pacific cod seasonal allowance for any sector, except the jig sector, will become available at the beginning of that sector’s next seasonal allowance. Section 679.20(a)(7)(i)(B) sets forth the CDQ Pacific cod gear allowances by season, and CDQ groups are prohibited 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 has preliminarily determined for 2025 and 2026 that the estimated amount of Pacific cod abundance in Area 543 is 15.7 percent of total AI abundance. To calculate the Area 543 Pacific cod harvest limit, NMFS first subtracts the State GHL Pacific cod amount from the AI Pacific cod ABC. Then NMFS determines the harvest limit in Area 543 by multiplying the percentage of Pacific cod estimated in Area 543 (15.7 percent) by the remaining ABC for AI Pacific cod. Based on these calculations, which rely on the 2023 stock assessment, the proposed Area 543 harvest limit is 1,269 mt. However, the final Area 543 harvest limit could change if the Pacific cod abundance in Area 543 changes based on the stock assessment in the final 2024 SAFE report. Under the PCTC Program, PCTC cooperatives are required to collectively set aside up to 12 percent of the PCTC Program A-season allocation for delivery to an AI shoreplant established through the process set forth at § 679.132 in years in which an AI community representative notifies NMFS of their intent to process PCTC Program Pacific cod in Adak or Atka. A notice of intent to process PCTC Program Pacific cod for 2025 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 2024, and accordingly the AI set-aside will not be in effect for 2025. The 2026 set-aside will be determined after the October 15, 2025, deadline in conjunction with the 2026 and 2027 harvest specifications process. Based on the proposed 2025 and 2026 Pacific cod TACs, table 4 lists the CDQ and non-CDQ TAC amounts; non-CDQ seasonal allowances by gear; the sector allocations of Pacific cod; and the seasons set forth at § 679.23(e)(5). TABLE 4—PROPOSED 2025 AND 2026 SECTOR ALLOCATIONS AND SEASONAL ALLOWANCES OF THE BSAI 1 PACIFIC COD TAC [Amounts are in metric tons] ddrumheller on DSK120RN23PROD with PROPOSALS1 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 .................................................................................... VerDate Sep<11>2014 16:34 Dec 03, 2024 Jkt 265001 2025 and 2026 share of gear sector total 2025 and 2026 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 48.7 131,217 14,040 117,177 8,080 865 7,215 1,269 124,392 75,630 n/a 75,130 n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 500 n/a 60,179 0.2 n/a 247 1.5 n/a 1,854 Percent PO 00000 Frm 00069 Fmt 4702 Sfmt 4702 E:\FR\FM\04DEP1.SGM 2025 and 2026 seasonal allowances Season 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 ....................................... 04DEP1 Amount n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 30,691 29,487 n/a 126 121 n/a 96195 Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Proposed Rules TABLE 4—PROPOSED 2025 AND 2026 SECTOR ALLOCATIONS AND SEASONAL ALLOWANCES OF THE BSAI 1 PACIFIC COD TAC—Continued [Amounts are in metric tons] Sector Percent 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 .......................................................................................................... C-season .......................................................................................................... 2025 and 2026 share of gear sector total 2025 and 2026 share of sector total 8.4 n/a 10,380 2.0 22.1 n/a 27,491 2,471 n/a 2.3 2,861 n/a 13.4 16,669 n/a 1.4 1,741 n/a 2025 and 2026 seasonal allowances Season Amount Jan 1–Jun 10 ...................... Sept 1–Dec 31 .................... n/a ....................................... Jan 1–Jun 10 ...................... Sept-1–Dec 31 .................... n/a ....................................... n/a ....................................... Jan 20–Apr 1 ...................... Jan 20–Apr 1 ...................... Apr 1–Jun 10 ...................... Apr 1–Jun 10 ...................... Jun 10–Nov 1 ..................... n/a ....................................... Jan 20–Apr 1 ...................... Apr 1–Jun 10 ...................... Jun 10–Nov 1 ..................... n/a ....................................... Jan 20–Apr 1 ...................... Apr 1–Jun 10 ...................... Jun 10–Dec 31 ................... n/a ....................................... Jan 1–Apr 30 ...................... Apr 30–Aug 31 ................... Aug 31–Dec 31 ................... 945 908 n/a 5,294 5,086 n/a n/a 1,500 18,843 700 2,324 4,124 n/a 2,146 715 .............. n/a 12,501 4,167 .............. n/a 1,045 348 348 1 The sector allocations and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and AI Pacific cod TACs, after subtraction of the reserves for the CDQ Program. If the TAC for Pacific cod in either the BS or AI is or will be reached, then directed fishing will be prohibited for non-CDQ Pacific cod in that subarea, even if a BSAI allowance remains (§ 679.20(d)(1)(iii)). 2 The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC allocated to the hook-and-line and pot sectors. The Regional Administrator proposes an ICA of 500 mt based on anticipated incidental catch by these sectors in other fisheries. 3 The A and B season trawl CV Pacific cod allocation will be allocated to the PCTC Program after subtraction of the A and B season ICAs (§ 679.131(b)(1)). The Regional Administrator proposes for the A and B seasons, ICAs of 1,500 mt and 700 mt, respectively, to account for projected incidental catch of Pacific cod by trawl catcher vessels engaged in directed fishing for groundfish other than PCTC Program Pacific cod. Note: Seasonal or sector apportionments may not total precisely due to rounding. Sablefish Gear Allocation Section 679.20(a)(4)(iii) and (iv) require allocation of sablefish TAC for the BS and AI between trawl gear and fixed gear. Gear allocations of the sablefish TAC for the BS are 50 percent for trawl gear and 50 percent for fixed gear. Gear allocations of the TAC for the AI are 25 percent for trawl gear and 75 percent for fixed gear. Section 679.20(b)(1)(ii)(B) requires that NMFS apportion 20 percent of the fixed gear allocation of sablefish TAC to the CDQ reserve for each subarea. Also, § 679.20(b)(1)(ii)(D)(1) requires that 7.5 percent of the trawl gear allocation of sablefish TAC from the nonspecified reserve, established under § 679.20(b)(1)(i), be apportioned to the CDQ reserve. The Council recommended that only trawl gear allocations of sablefish TACs be established biennially and that fixed gear allocations of sablefish TACs be established for 1 year. NMFS concurs, and the proposed harvest specifications for the fixed gear sablefish Individual Fishing Quota (IFQ) fisheries are limited to the 2025 fishing year to ensure those fisheries are conducted concurrently with the halibut IFQ fishery. Concurrent sablefish and halibut IFQ fisheries reduce the potential for discards of halibut and sablefish in those fisheries. The sablefish IFQ fisheries remain closed at the beginning of each fishing year until the final harvest specifications for the sablefish IFQ fisheries are in effect. Table 5 lists the proposed 2025 and 2026 gear allocations of the sablefish TAC and CDQ reserve amounts. TABLE 5—PROPOSED 2025 AND 2026 GEAR SHARES AND CDQ RESERVE OF BSAI SABLEFISH TACS [Amounts are in metric tons] Percent of TAC ddrumheller on DSK120RN23PROD with PROPOSALS1 Subarea and gear 2025 Share of TAC 2025 ITAC 1 2025 CDQ reserve 2026 Share of TAC 2026 ITAC 2026 CDQ reserve Bering Sea: Trawl gear ..................................................... Fixed gear 2 ................................................... 50 50 4,750 4,750 4,038 n/a 356 950 4,750 n/a 4,038 n/a 356 n/a Total ....................................................... 100 9,500 4,038 1,306 4,750 4,038 356 Aleutian Islands: Trawl gear ..................................................... Fixed gear 2 ................................................... 25 75 2,110 6,330 1,794 n/a 158 1,266 2,110 n/a 1,794 n/a 158 n/a VerDate Sep<11>2014 16:34 Dec 03, 2024 Jkt 265001 PO 00000 Frm 00070 Fmt 4702 Sfmt 4702 E:\FR\FM\04DEP1.SGM 04DEP1 96196 Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Proposed Rules TABLE 5—PROPOSED 2025 AND 2026 GEAR SHARES AND CDQ RESERVE OF BSAI SABLEFISH TACS—Continued [Amounts are in metric tons] Percent of TAC Subarea and gear Total ....................................................... 2025 Share of TAC 100 2025 CDQ reserve 2025 ITAC 1 8,440 1,794 2026 Share of TAC 1,424 2026 ITAC 2,110 2026 CDQ reserve 1,794 158 1 For the sablefish TAC allocated to vessels using trawl gear, 15 percent of TAC is apportioned to the nonspecified reserve (§ 679.20(b)(1)(i)). The ITAC for vessels using trawl gear is the remainder of the TAC after subtracting this reserve. In the BS and AI, 7.5 percent of the trawl gear allocation of the TAC is assigned from the nonspecified reserve to the CDQ reserve (§ 679.20(b)(1)(ii)(D)(1)). 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 proposes, that specifications for the fixed gear sablefish IFQ fisheries be limited to 1 year. Note: Seasonal or sector apportionments may not total precisely due to rounding. Allocation of the AI Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACs Section 679.20(a)(10)(i) and (ii) require that NMFS allocate AI Pacific ocean perch, and BSAI flathead sole, rock sole, and yellowfin sole TACs between the Amendment 80 sector and the BSAI trawl limited access sector, after subtracting 10.7 percent for the CDQ reserves and amounts for ICAs for the BSAI trawl limited access sector and vessels using non-trawl gear. The allocation of the ITACs for AI Pacific ocean perch, and BSAI flathead sole, rock sole, and yellowfin sole to the Amendment 80 sector is established in accordance with tables 33 and 34 to 50 CFR part 679 and in § 679.91. One Amendment 80 cooperative has formed for the 2025 fishing year. Because all Amendment 80 vessels are part of the sole cooperative, no allocation to the Amendment 80 limited access sector is required for 2025. The 2026 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 and the deadline for applying for participation is November 1, 2025. NMFS will post the 2026 Amendment 80 cooperatives and Amendment 80 limited access sector allocations on the Alaska Region website at https:// www.fisheries.noaa.gov/alaska/ sustainable-fisheries/sustainablefisheries-alaska prior to the start of the fishing year, based on the harvest specifications effective on that date. Table 6 lists the proposed 2025 and 2026 allocations of the AI Pacific ocean perch, and BSAI flathead sole, rock sole, and yellowfin sole TACs. TABLE 6—PROPOSED 2025 AND 2026 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] 2025 and 2026 allocations Pacific ocean perch Flathead sole Rock sole Yellowfin sole BSAI BSAI BSAI 35,500 3,799 2,000 .................... 29,702 66,000 7,062 3,000 .................... 55,938 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 10,929 195,000 20,865 2,000 33,796 138,339 ddrumheller on DSK120RN23PROD with PROPOSALS1 1 The 2026 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 the deadline of November 1, 2025. 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 VerDate Sep<11>2014 16:34 Dec 03, 2024 Jkt 265001 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 PO 00000 Frm 00071 Fmt 4702 Sfmt 4702 Amendment 80 ABC reserves are the ABC reserves minus the CDQ ABC reserves. Section 679.91(i)(2) establishes each Amendment 80 cooperative ABC reserves to be the ratio of each cooperatives’ quota share units and the total Amendment 80 quota share units, multiplied by the Amendment 80 ABC reserve for each respective species. Table 7 lists the proposed 2025 and 2026 ABC surplus and ABC reserves for BSAI flathead sole, rock sole, and yellowfin sole. E:\FR\FM\04DEP1.SGM 04DEP1 Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Proposed Rules 96197 TABLE 7—PROPOSED 2025 AND 2026 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] Sector Flathead sole ABC ...................................................................................................................................... TAC ...................................................................................................................................... ABC surplus ......................................................................................................................... ABC reserve ........................................................................................................................ CDQ ABC reserve ............................................................................................................... Amendment 80 ABC reserve 1 ............................................................................................ Rock sole 68,203 35,500 32,703 32,703 3,499 29,204 122,535 66,000 56,535 56,535 6,049 50,486 Yellowfin sole 276,917 195,000 81,917 81,917 8,765 73,152 Note: The 2026 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 the deadline of November 1, 2025. ddrumheller on DSK120RN23PROD with PROPOSALS1 Proposed PSC Limits for Halibut, Salmon, Crab, and Herring Sections 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. Under amendment 123 to the FMP and implementing regulations (88 FR 82740, November 24, 2023), an additional amount for the halibut PSC limit for the Amendment 80 sector is determined annually based on the most recent halibut biomass estimates from the International Pacific Halibut Commission (IPHC) setline survey index and the NMFS Alaska Fisheries Science Center (AFSC) Eastern Bering Sea shelf trawl survey index. In accordance with § 679.21(b)(1)(i)(B), NMFS applies 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 for the following year. The 2024 AFSC Eastern Bering Sea shelf trawl survey index estimate of halibut abundance is 125,145 mt and is below the threshold level of 150,000 mt. The IPHC setline survey index is unknown at this time but is anticipated to be available by December 2024. Based on the 2024 AFSC Eastern Bering Sea shelf trawl survey index indicating a low biomass state, the final Amendment 80 sector halibut PSC limit will be one of the following—1,134 mt, 1,309 mt, 1,396 mt, or 1,745 mt—depending on the IPHC setline survey index. Since both survey indices are not yet available, NMFS is unable to calculate the Amendment 80 sector halibut PSC limit for next year in these proposed 2025 and 2026 harvest specifications and therefore proposes a roll-over from last year’s 2024 and 2025 harvest specifications of 1,396 mt. NMFS will VerDate Sep<11>2014 16:34 Dec 03, 2024 Jkt 265001 calculate the final Amendment 80 sector halibut PSC limit and the total halibut PSC limit for the BSAI in the final 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, and § 679.21(b)(1)(ii)(A) and (B), (e)(3)(i)(B), and (e)(3)(iv) require apportionment of the BSAI trawl limited access sector’s halibut and crab PSC limits into PSC allowances among seven fishery categories. Tables 9 and 10 list the proposed fishery PSC allowances for the BSAI trawl limited access sector fisheries, and table 11 lists the proposed fishery PSC allowances for the nontrawl fisheries. Pursuant to section 3.6 of the FMP, the Council recommends, and NMFS proposes, that certain specified nontrawl fisheries be exempt from the halibut PSC limit. As in past years, after consultation with the Council, NMFS proposes to exempt the pot gear fishery, the jig gear fishery, and the sablefish IFQ 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 legal-size halibut to be retained by vessels using fixed gear if a halibut IFQ permit holder or a hired master is aboard and is holding unused halibut IFQ for that vessel category and the IFQ regulatory area in which the vessel is operating (§ 679.7(f)(11)). As of November 8, 2024, total groundfish catch for the pot gear fishery in the BSAI was 13,278 mt, with an associated halibut bycatch mortality of 9 mt. The 2024 jig gear fishery harvested 0 mt of groundfish. Most vessels in the jig gear fleet are exempt from observer coverage requirements. As a result, PO 00000 Frm 00072 Fmt 4702 Sfmt 4702 observer data are not available on halibut bycatch in the jig gear fishery. As mentioned above, NMFS estimates a negligible amount of halibut bycatch mortality because of the selective nature of jig gear and the low mortality rate of halibut caught with jig gear and released. Under § 679.21(f)(2), NMFS annually allocates portions of either 33,318, 45,000, 47,591, or 60,000 Chinook salmon PSC limits among the AFA sectors, depending on past bycatch performance, on whether Chinook salmon bycatch incentive plan agreements (IPA) are approved, and on whether NMFS determines it is a low Chinook salmon abundance year. NMFS will determine that it is a low Chinook salmon abundance year when abundance of Chinook salmon in western Alaska is less than or equal to 250,000 Chinook salmon. The State provides to NMFS an estimate of Chinook salmon abundance using the 3System Index for western Alaska, based on the Kuskokwim, Unalakleet, and Upper Yukon aggregate stock grouping. If an AFA sector participates in an approved IPA and has not exceeded its performance standard under § 679.21(f)(6), and if it is not a low Chinook salmon abundance year, then NMFS will allocate a portion of the 60,000 Chinook salmon PSC limit to that sector as specified in § 679.21(f)(3)(iii)(A). If no IPA is approved, or if the sector has exceeded its performance standard under § 679.21(f)(6), and if it is not a low abundance year, then NMFS will allocate a portion of the 47,591 Chinook salmon PSC limit to that sector as 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 E:\FR\FM\04DEP1.SGM 04DEP1 ddrumheller on DSK120RN23PROD with PROPOSALS1 96198 Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Proposed Rules 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 2024 was a low Chinook salmon abundance year, based on the State’s estimate that Chinook salmon abundance in western Alaska is less than 250,000 Chinook salmon. 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 2025, the Chinook salmon PSC limit is 45,000 Chinook salmon, allocated to each sector as specified in § 679.21(f)(3)(iii)(B). In 2025, the Chinook salmon bycatch performance standard under § 679.21(f)(6) is 33,318 Chinook salmon, allocated to each sector as specified in § 679.21(f)(3)(iii)(D). If a sector exceeds its Chinook salmon bycatch performance standard in any three of seven consecutive years, that sector’s allocation is reduced to the amount allocated under the Chinook salmon bycatch performance standard at § 679.21(f)(3)(iii)(C)–(D). The AFA sector Chinook salmon PSC limits are also seasonally apportioned with 70 percent for the A season pollock fishery and 30 percent for the B season pollock fishery (§§ 679.21(f)(3)(i) and 679.23(e)(2)). NMFS publishes the approved IPAs and the Chinook salmon PSC allocations and reports at https:// www.fisheries.noaa.gov/alaska/ sustainable-fisheries/sustainablefisheries-alaska. Section 679.21(g)(2)(i) specifies 700 fish as the 2025 and 2026 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 2025 and 2026 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 VerDate Sep<11>2014 16:34 Dec 03, 2024 Jkt 265001 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 (2024) survey data, the red king crab mature female abundance is estimated at 11.7 million red king crabs, and the effective spawning biomass is estimated at 22.47 million lbs (10,190 mt). Based on the criteria set out at § 679.21(e)(1)(i), the calculated 2025 and 2026 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 (6,577 and 24,947 mt). 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 2024, the Council recommended and NMFS proposes that the RKCSS red king crab bycatch limit for 2025 and 2026 be equal to 25 percent of the red king crab PSC limit (table 9). Based on the most recent (2024) survey data from the NMFS annual bottom trawl survey, Tanner crab (Chionoecetes bairdi) abundance is estimated at 1,216 million animals. Pursuant to criteria set out at § 679.21(e)(1)(ii), the calculated 2025 and 2026 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 1,216 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 1,216 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 (2024) survey estimate of 13.37 billion animals, the calculated PO 00000 Frm 00073 Fmt 4702 Sfmt 4702 C. opilio crab PSC limit is 14,998,210 animals. Because 0.1133 percent multiplied by the total abundance is greater than 13 million animals, the maximum PSC limit applies and the PSC limit will be 12.85 million animals. Pursuant to § 679.21(e)(1)(v), the PSC limit of Pacific herring caught while conducting any trawl operation for BSAI groundfish is 1 percent of the annual eastern Bering Sea herring biomass. Due to the lack of new information as of October 2024 regarding herring PSC limits and apportionments, the Council recommended, and NMFS proposes, basing the proposed 2025 and 2026 herring PSC limits and apportionments on the 2023 survey data. Based on the 2023 survey data, the best current estimate of 2025 and 2026 herring biomass is 253,511 mt. This amount was developed by the Alaska Department of Fish and Game based on biomass for spawning aggregations. Therefore, the herring PSC limit proposed for 2025 and 2026 is 2,535 mt for all trawl gear as listed in tables 8 and 9. The Council and NMFS will reconsider the herring PSC limit for the final harvest specifications when updated survey data and information on biomass becomes available. Section 679.21(e)(3)(i)(A)(1) apportions 10.7 percent of each trawl gear PSC limit specified for crab as a PSQ reserve for use by the groundfish CDQ Program. Section 679.21(e)(3)(i)(A) requires that crab PSQ reserves be subtracted from the total trawl PSC limits. The crab and halibut PSC limits assigned to the Amendment 80 and BSAI trawl limited access sectors are listed in table 35 to 50 CFR part 679. The resulting proposed 2025 and 2026 apportionments of crab and halibut PSC limits to CDQ PSQ, the Amendment 80 sector, and the BSAI trawl limited access sector are listed in table 8. Pursuant to §§ 679.21(b)(1)(i), 679.21(e)(3)(vi), and 679.91(d) through (f), crab and halibut trawl PSC limits assigned to the Amendment 80 sector are then further issued to Amendment 80 cooperatives as cooperative quotas. Crab and halibut PSC cooperative quotas assigned to Amendment 80 cooperatives are not assigned to specific fishery categories. One Amendment 80 cooperative has formed for the 2025 fishing year. Because all Amendment 80 vessels are part of the sole cooperative, no PSC limit assigned to the Amendment 80 limited access sector is required for 2025. The 2026 PSC limits assigned between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until eligible participants apply for participation in E:\FR\FM\04DEP1.SGM 04DEP1 96199 Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Proposed Rules the program by the deadline of November 1, 2025. NMFS will post the 2026 Amendment 80 cooperatives and Amendment 80 limited access sector limits on the Alaska Region website at https://www.fisheries.noaa.gov/alaska/ sustainable-fisheries/sustainablefisheries-alaska prior to the start of the fishing year, based on the harvest specifications effective on that date. The BSAI 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 assigned to the A and B seasons (95 percent) and the C season (5 percent), and the A and B season trawl CV halibut PSC limit is reduced by 25 percent to determine the overall PCTC Program halibut PSC limit. 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 assigned to the A and B seasons (95 percent) and the C season (5 percent), and the A and B season trawl CV crab PSC limit is reduced by 35 percent to determine the overall PCTC Program crab PSC limit. Pursuant to § 679.131(c) and (d), the halibut and crab trawl PSC limits assigned to the PCTC Program are then further issued to PCTC Program cooperatives as cooperative quotas. The halibut and crab PSC limits issued to PCTC Program cooperatives are not included in these proposed harvest specifications. PCTC Program cooperative applications are not due to NMFS until November 1, 2024; therefore, NMFS cannot calculate 2025 PSC limits in conjunction with these proposed harvest specifications (§ 679.131(c) and (d)). After receiving the PCTC Program cooperative applications, NMFS will calculate the 2025 halibut and crab PSC limits for PCTC Program cooperatives, as set forth in in § 679.131(c) and (d), and will include the 2025 halibut and crab PSC limits for PCTC Program cooperatives in the final harvest specifications. NMFS also will post them on the Alaska Region website at https:// www.fisheries.noaa.gov/alaska/ sustainable-fisheries/alaska-fisheriesmanagement-reports prior to the start of the fishing year, based on the harvest specifications effective on that date. The 2026 allocations of halibut and crab PSC limits for PCTC Program cooperatives will not be known until eligible participants apply for participation in the program by the deadline of November 1, 2025. 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 non-trawl, BSAI trawl limited access, and Amendment 80 limited access sectors to maximize the ability of the fleets to harvest the available groundfish TAC and to minimize bycatch. The factors considered are (1) seasonal distribution of prohibited species, (2) seasonal distribution of target groundfish species relative to prohibited species distribution, (3) prohibited species bycatch needs on a seasonal basis relevant to prohibited species biomass and expected catches of target groundfish species, (4) expected variations in bycatch rates throughout the year, (5) expected changes in directed groundfish fishing seasons, (6) expected start of fishing effort, and (7) economic effects of establishing seasonal prohibited species apportionments on segments of the target groundfish industry. Based on these criteria, the Council recommended, and NMFS proposes, the seasonal PSC apportionments in tables 10 and 11 to maximize harvest among gear types, fisheries, and seasons, while minimizing bycatch of PSC. TABLE 8—PROPOSED 2025 AND 2026 APPORTIONMENT OF PROHIBITED SPECIES CATCH ALLOWANCES TO NON-TRAWL GEAR, THE CDQ PROGRAM, AMENDMENT 80, AND THE BSAI TRAWL LIMITED ACCESS SECTORS PSC species, areas, and zones 1 Halibut mortality (mt) BSAI ........................... Herring (mt) BSAI .......................................... Red king crab (animals) Zone 1 ................... C. opilio (animals) COBLZ ............................ C. bairdi crab (animals) Zone 1 .................... C. bairdi crab (animals) Zone 2 .................... Non-trawl PSC Total PSC 4 3,166 2,535 97,000 12,850,000 980,000 2,970,000 710 n/a n/a n/a n/a n/a Trawl PSC remaining after CDQ PSQ CDQ PSQ reserve 2 315 n/a 10,379 1,374,950 104,860 317,790 Amendment 80 sector 3 4 n/a n/a 86,621 11,475,050 875,140 2,652,210 1.396 n/a 43,293 5,639,987 368,521 627,778 BSAI trawl limited access sector 745 n/a 26,489 3,688,081 411,228 1,241,500 BSAI PSC limits not allocated 2 n/a n/a 16,839 2,146,982 95,390 782,932 1 Refer to § 679.2 for definitions of areas and zones. PSQ reserve for the CDQ Program for crab species is 10.7 percent of each crab PSC limit. 3 The Amendment 80 program reduced apportionment of the trawl PSC limits for crab below the total PSC limit. These reductions are not apportioned to other gear types or sectors. 4 Under Amendment 123 and implementing regulations (88 FR 82740, November 24, 2023), the halibut PSC limit for the Amendment 80 sector is determined annually based on the most recent halibut biomass estimates from the IPHC setline survey index and the NMFS AFSC Eastern Bering Sea shelf trawl survey index (§ 679.21(b)(1)(i)(A)–(C)). Since both survey indices are not yet available, NMFS is unable to calculate the Amendment 80 sector halibut PSC limit for the proposed 2025 and 2026 harvest specifications and therefore proposes a roll-over from last year’s 2024 and 2025 harvest specifications of 1,396 mt. NMFS will update the final halibut PSC limit for the Amendment 80 sector, as well as the total halibut PSC limit for the BSAI, in the final 2025 and 2026 harvest specifications. 2 The ddrumheller on DSK120RN23PROD with PROPOSALS1 TABLE 9—PROPOSED 2025 AND 2026 HERRING AND RED KING CRAB SAVINGS SUBAREA PROHIBITED SPECIES CATCH ALLOWANCES FOR ALL TRAWL SECTORS Herring (mt) BSAI Fishery categories Yellowfin sole ................................................................................................................................................... Rock sole/flathead sole/Alaska plaice/other flatfish 1 ...................................................................................... Greenland turbot/arrowtooth flounder/Kamchatka flounder/sablefish ............................................................. Rockfish ........................................................................................................................................................... Pacific cod ....................................................................................................................................................... Midwater trawl pollock ..................................................................................................................................... Pollock/Atka mackerel/other species 2 3 .......................................................................................................... VerDate Sep<11>2014 16:34 Dec 03, 2024 Jkt 265001 PO 00000 Frm 00074 Fmt 4702 Sfmt 4702 E:\FR\FM\04DEP1.SGM 147 73 7 7 13 2,257 30 04DEP1 Red king crab (animals) Zone 1 n/a n/a n/a n/a n/a n/a n/a 96200 Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Proposed Rules TABLE 9—PROPOSED 2025 AND 2026 HERRING AND RED KING CRAB SAVINGS SUBAREA PROHIBITED SPECIES CATCH ALLOWANCES FOR ALL TRAWL SECTORS—Continued Herring (mt) BSAI Fishery categories Red king crab (animals) Zone 1 2024 Red king crab savings subarea non-pelagic trawl gear 4 ...................................................................... n/a 24,250 Total trawl PSC ........................................................................................................................................ 2,535 97,000 1 ‘‘Other flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole. 2 Pollock other than midwater trawl pollock, Atka mackerel, and ‘‘other species’’ fishery category. 3 ‘‘Other species’’ for PSC monitoring includes skates, sharks, and octopuses. 4 In October 2024, the Council recommended and NMFS proposes that the red king crab bycatch limit within the RKCSS be limited to 25 percent of the red king crab PSC limit (see § 679.21(e)(3)(ii)(B)(2)). Note: Species apportionments may not total precisely due to rounding. TABLE 10–PROPOSED 2025 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL LIMITED ACCESS SECTORS AND PACIFIC COD TRAWL COOPERATIVE PROGRAM Prohibited species and area 1 BSAI trawl limited access sector fisheries Halibut mortality (mt) BSAI Red king crab (animals) Zone 1 Yellowfin sole ....................................................................... Rock sole/flathead sole/other flatfish 2 ................................. Greenland turbot/arrowtooth flounder/Kamchatka flounder/ sablefish ........................................................................... Rockfish, April 15–December 31 ......................................... Total Pacific cod 3 ................................................................ AFA CP Pacific cod ............................................................. PCTC Program Pacific cod, A and B season ..................... Trawl CV Pacific cod, C season .......................................... PCTC Program unallocated reduction ................................. Pollock/Atka mackerel/other species 4 ................................. 265 ........................ 23,337 ........................ ........................ 5 300 6 209 15 70 175 Total BSAI trawl limited access sector PSC ................ 745 C. opilio (animals) COBLZ C. bairdi (animals) Zone 1 Zone 2 3,521,726 0 346,228 ........................ 1,185,500 ........................ ........................ ........................ 2,955 278 1,653 134 890 197 0 2,971 148,531 13,962 83,097 6,728 44,744 14,854 ........................ ........................ 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 26,489 3,688,082 411,228 1,241,500 1 Refer to § 679.2 for definitions of areas and zones. flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole. 3 With the implementation of the PCTC Program, the BSAI trawl limited access sector Pacific cod PSC limits for halibut and crab are split between AFA CPs, PCTC A and B-season for trawl CVs, and open access C-season. NMFS will apply a 25 percent reduction to the A and B season trawl CV sector halibut PSC limit in the annual harvest specifications after the Council recommends and NMFS approves the BSAI trawl limited access sector’s PSC limit apportionments to fishery categories including the Pacific cod fishery category. In addition, NMFS will apply a 35 percent reduction to the A and B season trawl CV sector crab PSC limit. Any amount of the PCTC Program halibut or crab PSC limits 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 are not a fixed amount established in regulation and, instead, are 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. Note: Species apportionments may not total precisely due to rounding. 2 ‘‘Other TABLE 11—PROPOSED 2025 AND 2026 HALIBUT PROHIBITED SPECIES BYCATCH ALLOWANCES FOR NON-TRAWL FISHERIES ddrumheller on DSK120RN23PROD with PROPOSALS1 Halibut mortality (mt) BSAI Non-trawl fisheries Seasons Pacific cod ...................................................... Non-Pacific cod non-trawl-Total ..................... Groundfish pot and jig ................................... Sablefish hook-and-line ................................. Annual Pacific cod .......................... January 1–June 10 ......................... June 10–August 15 ......................... August 15–December 31 ................ May 1–December 31 ....................... n/a ................................................... n/a ................................................... 648 388 162 98 n/a n/a n/a 13 9 2 2 n/a n/a n/a 661 n/a n/a n/a 49 Exempt Exempt Total for all non-trawl PSC ..................... n/a ................................................... n/a n/a 710 VerDate Sep<11>2014 16:34 Dec 03, 2024 Jkt 265001 PO 00000 Frm 00075 Fmt 4702 Catcher/processor Sfmt 4702 E:\FR\FM\04DEP1.SGM Catcher vessel 04DEP1 All non-trawl Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Proposed Rules Halibut Discard Mortality Rates To monitor halibut bycatch mortality allowances and apportionments, the Regional Administrator uses observed halibut incidental catch rates, halibut discard mortality rates (DMRs), and estimates of groundfish catch to project when a fishery’s halibut bycatch mortality allowance or seasonal apportionment is reached. Halibut incidental catch rates are based on 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 (see ADDRESSES). In 2016, the DMR estimation methodology underwent revisions per the Council’s recommendation. A halibut working group (IPHC, Council, and NMFS staff) developed improved estimation methods that have undergone review by the Plan Team, SSC, and the Council. A summary of the revised methodology is included in the BSAI proposed 2017 and 2018 harvest specifications (81 FR 87863, December 6, 2016), and the comprehensive discussion of the working group’s statistical methodology is available from the Council (see ADDRESSES). The DMR working group’s revised methodology is intended to improve estimation accuracy, transparency, and transferability used for calculating DMRs. The working group will continue to consider improvements to the methodology used to calculate halibut mortality, including potential changes to the reference period (the period of data used for calculating the DMRs). The methodology will continue to ensure that NMFS is using DMRs that 96201 more accurately reflect halibut mortality, which will inform the different sectors of their estimated halibut mortality and allow specific sectors to respond with methods that could reduce mortality and, eventually, the DMR for that sector. At the October 2024 meeting, the SSC, AP, and Council recommended halibut DMRs derived from the revised methodology, and NMFS proposes DMRs calculated under the revised methodology. Comparing the proposed 2025 and 2026 DMRs to the final DMRs from the 2024 and 2025 harvest specifications, the DMR for pelagic trawl gear remained at 100 percent, the DMR for motherships and CPs using non-pelagic trawl gear increased 1 percent, the DMR for CVs using nonpelagic trawl gear increased 4 percent, the DMR for CPs using hook-and-line gear increased 2 percent, the DMR for CVs using hook-and-line gear increased 2 percent, and the DMR for pot gear decreased 5 percent. Table 12 lists the proposed 2025 and 2026 DMRs. TABLE 12—PROPOSED 2025 AND 2026 PACIFIC HALIBUT DISCARD MORTALITY RATES (DMR) FOR THE BSAI Sector Pelagic trawl ............................................................................. Non-pelagic trawl ...................................................................... Non-pelagic trawl ...................................................................... Hook-and-line ........................................................................... Hook-and-line ........................................................................... Pot ............................................................................................ All .............................................................................................. Mothership and catcher/processor ........................................... Catcher vessel .......................................................................... Catcher vessel .......................................................................... Catcher/processor .................................................................... All .............................................................................................. Listed AFA CP Sideboard Limits ddrumheller on DSK120RN23PROD with PROPOSALS1 Halibut discard mortality rate (percent) Gear Pursuant to § 679.64(a), the Regional Administrator is responsible for restricting the ability of listed AFA CPs to engage in directed fishing for groundfish species other than pollock to protect participants in other groundfish fisheries from adverse effects resulting from the AFA fishery and from fishery cooperatives in the directed pollock fishery. These restrictions are set as sideboard limits on catch. On February 8, 2019, NMFS published a final rule (84 FR 2723) that implemented regulations to prohibit non-exempt AFA CPs from directed fishing for all groundfish species or species groups subject to sideboard limits (see § 679.20(d)(1)(iv)(D) and table 54 to 50 VerDate Sep<11>2014 16:34 Dec 03, 2024 Jkt 265001 CFR part 679). NMFS proposes to exempt AFA CPs from a yellowfin sole sideboard limit pursuant to § 679.64(a)(1)(v) because the proposed 2025 and 2026 aggregate ITAC of yellowfin sole assigned to the Amendment 80 sector and BSAI trawl limited access sector is greater than 125,000 mt. Section 679.64(a)(2) and tables 40 and 41 to 50 CFR part 679 establish a formula for calculating PSC sideboard limits for halibut and crab caught by listed AFA CPs. The basis for these sideboard limits is described in detail in the final rules implementing the major provisions of the AFA (67 FR 79692, December 30, 2002) and Amendment 80 (72 FR 52668, September 14, 2007). PSC species listed in table 13 that are caught PO 00000 Frm 00076 Fmt 4702 Sfmt 4702 100 86 67 9 9 21 by listed AFA CPs participating in any groundfish fishery other than pollock will accrue against the proposed 2025 and 2026 PSC sideboard limits for the listed AFA CPs. Section 679.21(b)(4)(iii), (e)(3)(v), and (e)(7) authorize NMFS to close directed fishing for groundfish other than pollock for listed AFA CPs once a 2025 or 2026 PSC sideboard limit listed in table 13 is reached. Pursuant to § 679.21(b)(1)(ii)(C) and (e)(3)(ii)(C), halibut or crab PSC by listed AFA CPs while fishing for pollock will accrue against the PSC allowances annually specified for the pollock/Atka mackerel/ ‘‘other species’’ fishery categories, according to § 679.21(b)(1)(ii)(B) and (e)(3)(iv). E:\FR\FM\04DEP1.SGM 04DEP1 96202 Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Proposed Rules TABLE 13—PROPOSED 2025 AND 2026 BSAI AMERICAN FISHERIES ACT LISTED CATCHER/PROCESSOR PROHIBITED SPECIES SIDEBOARD LIMITS PSC species and Halibut mortality BSAI .................................................................................... Red king crab Zone 1 .................................................................................... C. opilio (COBLZ) .......................................................................................... C. bairdi Zone 1 ............................................................................................. C. bairdi Zone 2 ............................................................................................. 1 Refer Proposed 2025 and 2026 PSC available to trawl vessels after subtraction of PSQ 2 Ratio of PSC to total PSC area 1 n/a 0.007 0.153 0.140 0.050 Proposed 2025 and 2026 CP sideboard limit 2 n/a 86,621 11,475,050 875,140 2,652,210 286 606 1,755,683 122,520 132,611 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 CV Sideboard Limits The Regional Administrator is responsible for restricting the ability of listed AFA CVs to engage in directed fishing for groundfish species other than pollock to protect participants in other groundfish fisheries from adverse effects resulting from the AFA and from fishery cooperatives in the pollock directed fishery. These restrictions are set out as sideboard limits on catch. Section 679.64(b)(3) and (b)(4) and tables 40 and 41 to 50 CFR part 679 establish formulas for setting AFA CV groundfish and halibut and crab PSC sideboard limits for the BSAI. The basis for these sideboard limits is described in detail in 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 14 lists the proposed 2025 and 2026 AFA CV Pacific cod sideboard limits. the final rules implementing the major provisions of the AFA (67 FR 79692, December 30, 2002), Amendment 80 (72 FR 52668, September 14, 2007), and amendment 122 (88 FR 53704, August 8, 2023). NMFS proposes to exempt AFA CVs from a yellowfin sole sideboard limit pursuant to § 679.64(b)(6) because the proposed 2025 and 2026 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 TABLE 14—PROPOSED 2025 AND 2026 BSAI PACIFIC COD SIDEBOARD LIMITS FOR AMERICAN FISHERIES ACT CATCHER VESSELS (CVS) [Amounts are in metric tons] Ratio of 1997 AFA CV catch to TAC Fishery by area/gear/season BSAI ....................................................................................................................... Trawl gear CV ........................................................................................................ C Season Jun 10–Nov 1 ....................................................................................... 2025 and 2026 initial TAC for C Season n/a n/a 0.8609 2025 and 2026 AFA catcher vessel sideboard limits n/a n/a 4,124 n/a n/a 3,550 Note: As proposed, § 679.64(b)(6) would exempt AFA CVs from a yellowfin sole sideboard limit because the proposed 2025 and 2026 aggregate ITAC of yellowfin sole assigned to the Amendment 80 sector and BSAI trawl limited access sector is greater than 125,000 mt. ddrumheller on DSK120RN23PROD with PROPOSALS1 Halibut and crab PSC limits listed in table 15 that are caught by AFA CVs participating in any groundfish fishery other than pollock will accrue against the 2025 and 2026 PSC sideboard limits for the AFA CVs. Section 679.21(b)(4)(iii), (e)(3)(v), and (e)(7) authorize NMFS to close directed fishing for groundfish other than pollock for AFA CVs once a 2025 or 2026 PSC sideboard limit listed in table 15 is reached. Pursuant to § 679.21(b)(1)(ii)(C) and (e)(3)(ii)(C), halibut or crab PSC by AFA CVs while fishing for pollock will accrue against the PSC allowances annually specified for the pollock/Atka mackerel/‘‘other species’’ fishery categories, according to § 679.21(b)(1)(ii)(B) and (e)(3)(iv). TABLE 15—PROPOSED 2025 AND 2026 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. VerDate Sep<11>2014 16:34 Dec 03, 2024 Jkt 265001 PO 00000 Frm 00077 AFA catcher vessel PSC sideboard limit ratio Proposed 2025 and 2026 PSC limit after subtraction of PSQ reserves 3 n/a .......................................... n/a .......................................... n/a .......................................... n/a .......................................... Fmt 4702 Sfmt 4702 E:\FR\FM\04DEP1.SGM 04DEP1 Proposed 2025 and 2026 AFA catcher vessel PSC sideboard limit 3 n/a 2 Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Proposed Rules 96203 TABLE 15—PROPOSED 2025 AND 2026 AMERICAN FISHERIES ACT CATCHER VESSEL PROHIBITED SPECIES CATCH SIDEBOARD LIMITS FOR THE BSAI 1—Continued PSC species and area 1 Red king crab Zone 1 ............ C. opilio COBLZ .................... C. bairdi Zone 1 ..................... C. bairdi Zone 2 ..................... Target fishery category 2 Yellowfin sole total ................ Rock sole/flathead sole/Alaska plaice/other flatfish 4. Greenland turbot/arrowtooth flounder/Kamchatka flounder/sablefish. Rockfish ................................. Pollock/Atka mackerel/other species 5. n/a .......................................... n/a .......................................... n/a .......................................... n/a .......................................... Proposed 2025 and 2026 AFA catcher vessel PSC sideboard limit 3 AFA catcher vessel PSC sideboard limit ratio Proposed 2025 and 2026 PSC limit after subtraction of PSQ reserves 3 n/a .......................................... n/a .......................................... n/a .......................................... n/a .......................................... 101 228 n/a .......................................... n/a .......................................... .......................... n/a .......................................... n/a .......................................... n/a .......................................... n/a .......................................... 2 5 0.2990 0.1680 0.3300 0.1860 86,621 .................................... 11,475,050 ............................. 875,140 .................................. 2,652,210 ............................... 25,900 1,927,808 288,796 493,311 .................................... .................................... .................................... .................................... 1 Refer to § 679.2 for definitions of areas and zones. fishery categories are defined at § 679.21(b)(1)(ii)(B) and (e)(3)(iv). amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals. 4 ‘‘Other flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole. 5 ‘‘Other species’’ for PSC monitoring includes skates, sharks, and octopuses. 2 Target ddrumheller on DSK120RN23PROD with PROPOSALS1 3 Halibut Classification NMFS is issuing this proposed rule pursuant to section 305(d) of the Magnuson-Stevens Act. Through previous actions, the FMP and regulations authorize NMFS to take this action (see 50 CFR part 679). The NMFS Assistant Administrator has preliminarily determined that the proposed harvest specifications are consistent with the FMP, the MagnusonStevens Act, and other applicable laws, subject to further review and consideration after public comment. This action is authorized under 50 CFR 679.20 and is exempt from review under Executive Order 12866 because it only implements annual catch limits 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 ROD for the Final EIS. A SIR is being prepared for the final 2025 and 2026 harvest specifications to address the need to prepare a Supplemental EIS (40 CFR 1502.9(d)(1)). Copies of the Final EIS, ROD, and annual SIRs for this action are available from NMFS (see ADDRESSES). The Final EIS analyzes the environmental, social, and economic consequences of alternative harvest strategies on resources in the action area. Based on the analysis in the Final EIS, NMFS concluded that the preferred alternative (Alternative 2) provides the best balance among relevant environmental, social, and economic VerDate Sep<11>2014 16:34 Dec 03, 2024 Jkt 265001 considerations and allows for continued management of the groundfish fisheries based on the most recent, best scientific information. Initial Regulatory Flexibility Analysis This Initial Regulatory Flexibility Analysis (IRFA) was prepared for this proposed rule, as required by Section 603 of the Regulatory Flexibility Act (RFA) (5 U.S.C. 603), to describe the economic impact this proposed rule, if adopted, would have on small entities. The IRFA describes the action; the reasons why this proposed rule is proposed; the objectives and legal basis for this proposed rule; the estimated number and description of directly regulated small entities to which this proposed rule would apply; the recordkeeping, reporting, and other compliance requirements of this proposed rule; and the relevant Federal rules that may duplicate, overlap, or conflict with this proposed rule. The IRFA also describes significant alternatives to this proposed rule that would accomplish the stated objectives of the Magnuson-Stevens Act, and any other applicable statutes, and that would minimize any significant economic impact of this proposed rule on small entities. The description of the proposed action, its purpose, and the legal basis are explained earlier in the preamble and are not repeated here. For RFA purposes only, NMFS has established a small business size standard for businesses, including their affiliates, whose primary industry is commercial fishing (see 50 CFR 200.2). PO 00000 Frm 00078 Fmt 4702 Sfmt 4702 A business primarily engaged in commercial fishing (North American Industry Classification System (NAICS) code 11411) is classified as a small business if it is independently owned and operated, is not dominant in its field of operation (including its affiliates), and has combined annual gross receipts not in excess of $11 million for all its affiliated operations worldwide. A shoreside and mothership processor primarily involved in seafood processing (NAICS code 311710) is classified as a small business if it is independently owned and operated, is not dominant in its field of operation (including its affiliates), and has combined annual employment, counting all individuals employed on a full-time, part-time, or other basis, not in excess of 750 employees for all its affiliated operations worldwide. Number and Description of Small Entities Regulated by This Proposed Rule The entities directly regulated by the groundfish harvest specifications include: (a) entities operating vessels with groundfish Federal fisheries permits (FFPs) catching FMP groundfish in Federal waters (including those receiving direction allocations of groundfish); (b) all entities operating vessels, regardless of whether they hold groundfish FFPs, catching FMP groundfish in the State-waters parallel fisheries; and (c) all entities operating vessels fishing for halibut inside 3 nautical miles of the shore (whether or not they have FFPs). In 2023 (the most E:\FR\FM\04DEP1.SGM 04DEP1 96204 Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS1 recent year of complete data), there were 119 individual CVs and CPs with gross revenues less than or equal to $11 million as well as 6 CDQ groups. This represents the potential suite of directly regulated small entities. This includes an estimated 116 small CV and 3 small CP entities in the BSAI groundfish sector. The determination of entity size is based on vessel revenues and affiliated group revenues. This determination also includes an assessment of fisheries cooperative affiliations, although actual vessel ownership affiliations have not been completely established. However, the estimate of these 116 CVs may be an overstatement of the number of small entities, as some of these vessels may be affiliated with large entities. This latter group of vessels had average gross revenues that varied by gear type. Average gross revenues for hook-andline CVs, pot gear CVs, and trawl gear CVs are estimated to be $910,000, $1.5 million, and $2.3 million, respectively. Average gross revenues for CP entities are confidential. There are 3 AFA cooperative affiliated motherships, which appear to fall under the 750 worker threshold and are therefore small entities. The average gross revenues for the AFA motherships are confidential. Description of Significant Alternatives That Minimize Adverse Impacts on Small Entities The action under consideration is comprised of the proposed 2025 and 2026 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 2025 and 2026 fishing years and is taken in accordance with the FMP prepared and recommended by the Council pursuant to the MagnusonStevens Act. The establishment of the proposed harvest specifications is governed each year by the harvest strategy for the catch of groundfish in the BSAI. This strategy was selected from among five alternatives, with the preferred alternative harvest strategy being one in which the TACs are set to levels that fall within the range of ABCs recommended by the SSC through the harvest specifications process, and the sum of the TACs must achieve the OY specified in the FMP and in regulation. While the specific numbers that the VerDate Sep<11>2014 16:34 Dec 03, 2024 Jkt 265001 harvest strategy produces may vary from year to year, the methodology used for the preferred harvest strategy remains constant. The TACs associated with the preferred harvest strategy are those recommended by the Council in October 2024. OFLs and ABCs for the species were based on recommendations prepared by the Council’s Plan Team in September 2024 and reviewed by the Council’s SSC in October 2024. The Council based its TAC recommendations on those of its AP, which were consistent with the SSC’s OFL and ABC recommendations. The sum of all TACs remains within the OY for the BSAI consistent with § 679.20(a)(1)(i)(A). Because setting all TACs equal to ABCs would cause the sum of TACs to exceed an OY of 2 million mt, TACs for some species or species groups are lower than the ABCs recommended by the Plan Team and the SSC. The proposed 2025 and 2026 OFLs and ABCs are based on the best available biological information, including projected biomass trends, information on assumed distribution of stock biomass, and revised technical methods to calculate stock biomass. The proposed 2025 and 2026 TACs are based on the best available biological and socioeconomic information. The proposed 2025 and 2026 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. Under this action, the proposed ABCs reflect harvest amounts that are less than the specified overfishing levels. The proposed TACs are within the range of proposed ABCs recommended by the SSC and do not exceed the biological limits recommended by the SSC (the ABCs and OFLs). For some species and species groups in the BSAI, the Council recommended, and NMFS proposes, proposed TACs equal to proposed ABCs, which is intended to maximize harvest opportunities in the BSAI. However, NMFS cannot set TACs for all species in the BSAI equal to their ABCs due to the constraining OY limit of 2 million mt. For this reason, some proposed TACs are less than the proposed ABCs. The specific reductions were reviewed and recommended by the Council’s AP, and the Council in turn adopted the AP’s TAC PO 00000 Frm 00079 Fmt 4702 Sfmt 9990 recommendations in making its own recommendations for the proposed 2025 and 2026 TACs. Based upon the best scientific data available, and in consideration of the objectives of this action, it appears that there are no significant alternatives to the proposed rule that have the potential to accomplish the stated objectives of the Magnuson-Stevens Act and any other applicable statutes and that have the potential to minimize any significant adverse economic impact of the proposed rule on small entities. This action is economically beneficial to entities operating in the BSAI, including small entities. The action proposes TACs for commercially-valuable species in the BSAI and allows for the continued prosecution of the fishery, thereby creating the opportunity for fishery revenue. After public process during which the Council solicited input from stakeholders, the Council recommended the proposed harvest specifications, which NMFS determines would best accomplish the stated objectives articulated in the preamble for this proposed rule, and in applicable statutes, and would minimize to the extent practicable adverse economic impacts on the universe of directly regulated small entities. This action does not modify recordkeeping or reporting requirements, or duplicate, overlap, or conflict with any Federal rules. This proposed rule contains no information collection requirements under the Paperwork Reduction Act of 1995. Adverse impacts on marine mammals or endangered or threatened species resulting from fishing activities conducted under these harvest specifications are discussed in the Final EIS and its accompanying annual SIRs (see ADDRESSES). Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 1540(f); 16 U.S.C. 1801 et seq.; 16 U.S.C. 3631 et seq.; Pub. L. 105–277; Pub. L. 106– 31; Pub. L. 106–554; Pub. L. 108–199; Pub. L. 108–447; Pub. L. 109–241; Pub. L. 109– 479. Dated: November 29, 2024. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2024–28414 Filed 12–3–24; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\04DEP1.SGM 04DEP1

Agencies

[Federal Register Volume 89, Number 233 (Wednesday, December 4, 2024)]
[Proposed Rules]
[Pages 96186-96204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28414]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 241127-0305; RTID 0648-XE346]

Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands; Proposed 2025 and 2026 Harvest Specifications for
Groundfish

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

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

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SUMMARY: NMFS proposes 2025 and 2026 harvest specifications,
apportionments, and prohibited species catch allowances for the
groundfish fisheries of the Bering Sea and Aleutian Islands (BSAI)
management area. This action is necessary to establish harvest limits
for groundfish during the 2025 and 2026 fishing years and to accomplish
the goals and objectives of the Fishery Management Plan for Groundfish
of the Bering Sea and Aleutian Islands Management Area (FMP). The 2025
harvest specifications supersede those previously set in the final 2024
and 2025 harvest specifications, and the 2026 harvest specifications
will be superseded in early 2026 when the final 2026 and 2027 harvest
specifications are published. The intended effect of this action is to
conserve and manage the groundfish resources in the BSAI in accordance
with the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act).

DATES: Comments must be received by January 3, 2025.

ADDRESSES: A plain language summary of this proposed rule is available
at https://www.regulations.gov/docket/NOAA-NMFS-2024-0116. You may
submit comments on this document, identified by NOAA-NMFS-2024-0116, by
any of the following methods:
Electronic Submission: Submit all electronic public
comments via the

[[Page 96187]]

Federal e-Rulemaking Portal. Visit https://www.regulations.gov and type
NOAA-NMFS-2024-0116 in the Search box. Click on the ``Comment'' icon,
complete the required fields, and enter or attach your comments.
Mail: Submit written comments to Gretchen Harrington,
Assistant Regional Administrator, Sustainable Fisheries Division,
Alaska Region NMFS, Attn: Records Office. Mail comments to P.O. Box
21668, Juneau, AK 99802-1668.
Fax: (907) 586-7465; Attn: Gretchen Harrington.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
https://www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Electronic copies of the Alaska Groundfish Harvest Specifications
Final Environmental Impact Statement (Final EIS), Record of Decision
(ROD) for the Final EIS, and the annual Supplementary Information
Reports (SIR) to the Final EIS prepared for this action are available
from https://www.regulations.gov. An updated 2025 SIR for the final
2025 and 2026 harvest specifications will be available from the same
source.
The final 2023 Stock Assessment and Fishery Evaluation (SAFE)
report for the groundfish resources of the BSAI, dated November 2023,
is available from the North Pacific Fishery Management Council
(Council) at 1007 West 3rd Ave., Suite 400, Anchorage, Alaska 99501,
phone 907-271-2809, or from the NMFS Alaska Region website at https://www.fisheries.noaa.gov/alaska/population-assessments/north-pacific-groundfish-stock-assessments-and-fishery-evaluation. The 2024 SAFE
report for the BSAI will be available from the same sources.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.

SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR part 679
implement the FMP and govern the groundfish fisheries in the BSAI. The
Council prepared the FMP, and NMFS approved it, under the Magnuson-
Stevens Act. General regulations governing U.S. fisheries also appear
at 50 CFR part 600.
The FMP and its implementing regulations require that NMFS, after
consultation with the Council, specify annually the total allowable
catch (TAC) for target species. The sum of TACs for all groundfish
target species in the BSAI must be within the optimum yield (OY) range
of 1.4 million to 2.0 million metric tons (mt) (see Sec.
679.20(a)(1)(i)(A) and 679.20(a)(2)). Section 679.20(c)(1) further
requires that NMFS publish proposed harvest specifications in the
Federal Register and solicit public comments on proposed annual TACs
for each target species and apportionments thereof; prohibited species
catch (PSC) allowances; prohibited species quota (PSQ) reserves
established by Sec. 679.21; seasonal allowances of pollock, Pacific
cod, and Atka mackerel TAC; American Fisheries Act allocations;
Amendment 80 allocations; Community Development Quota (CDQ) reserve
amounts established by Sec. 679.20(b)(1)(ii); and acceptable
biological catch (ABC) surpluses and reserves for CDQ groups and
Amendment 80 cooperatives for flathead sole, rock sole, and yellowfin
sole. The proposed harvest specifications set forth in tables 1 through
15 of this proposed rule satisfy these requirements.
In accordance with Sec. 679.20(c)(3), NMFS will publish the final
2025 and 2026 harvest specifications after (1) considering comments
received within the comment period (see DATES), (2) consulting with the
Council at its December 2024 meeting, (3) considering information
presented in the 2025 SIR to the Final EIS that assesses the need to
prepare a Supplemental EIS (see ADDRESSES), and (4) considering
information presented in the final 2024 SAFE report, including the 2024
Ecosystem Status Reports for both the Bering Sea and Aleutian Islands.

Other Actions Affecting or Potentially Affecting the 2025 and 2026
Harvest Specifications

Amendment 125 to the FMP: Pacific Cod Small Boat Access

NMFS is developing a proposed rule to implement Amendment 125 to
the FMP, which, if approved, would redefine the BSAI Pacific cod jig
sector during the A-season (January 1-April 30) to include hook-and-
line or pot catcher vessels (CV) less than or equal to 55 feet (ft)
(16.8 meters (m)) length overall (LOA). All harvest from the redefined
A-season jig sector would be deducted from the jig sector's 1.4 percent
allocation currently set in regulation (Sec. 679.20(a)(7)(ii)). In
addition, the current hook-and-line or pot CV less than 60 feet (ft)
(18.3 m) LOA sector would be redefined from January 1 to April 30 so
that harvest only from hook-and-line or pot CVs with a LOA of 55 ft
(16.8 m) and less than 60 ft LOA (55-59 ft) (16.8-18.0 m) would be
deducted from the hook-and-line or pot CV less than 60 feet (ft) (18.3
m) LOA sector's 2.0 percent allocation currently set in regulation
(Sec. 679.20(a)(7)(ii)). If amendment 125 and its implementing
regulations are approved by the Secretary of Commerce, NMFS would
incorporate the changes in a future harvest specifications action, and
any such changes are anticipated for the 2026 and 2027 harvest
specifications.

State of Alaska Guideline Harvest Levels

For 2025 and 2026, the State of Alaska Board of Fisheries (BOF)
established the guideline harvest level (GHL) for vessels using pot,
longline, jig, and hand troll gear in State waters in the State's
Aleutian Islands subarea (AI) State-waters sablefish registration area
that includes all State waters west of Scotch Cap Light (164[deg]44.72'
W longitude) and south of Cape Sarichef (54[deg]36' N latitude). The AI
GHL is set at 5 percent of the combined proposed Bering Sea (BS)
subarea and AI ABC (1,233 mt). The State's AI sablefish registration
area includes areas adjacent to parts of the Federal BS subarea. Since
most of the State's 2025 and 2026 GHL sablefish fishery is expected to
occur in State waters adjacent to the Federal BS subarea, the Council
and its BSAI Groundfish Plan Team (Plan Team), Scientific and
Statistical Committee (SSC), and Advisory Panel (AP) recommended that
the sum of all State and Federal sablefish removals from the BS and AI
not exceed the proposed ABC recommendations for sablefish in the BS and
AI. Accordingly, the Council recommended, and NMFS proposes, that the
2025 and 2026 sablefish TACs in the BS and AI be reduced by at least 5
percent to account for the State's GHLs for sablefish caught in State
waters.
For 2025 and 2026, the BOF established the GHL for vessels using
pot gear in State waters in the BS equal to 13 percent of the Pacific
cod ABC in the BS. The BS GHL will increase by one percent if 90
percent of the GHL is harvested by November 15 of the preceding year
for 2 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 2 consecutive years, the GHL will decrease by 1 percent, but

[[Page 96188]]

the GHL may not decrease below 10 percent of the BS ABC. Based on
harvest in 2023 and 2024, the GHL will be 13 percent in 2025. 13
percent of the proposed BS ABC is 19,614 mt. NMFS will account for any
adjustment to the 2026 GHL in the final 2026 and 2027 harvest
specifications. Also, for 2025 and 2026, the BOF established an
additional GHL for vessels using jig gear in State waters in the BS
equal to 45 mt of Pacific cod in the BS. The Council and its Plan Team,
SSC, and AP recommended that the sum of all State and Federal waters
Pacific cod removals from the BS not exceed the ABC recommendations for
Pacific cod in the BS. Accordingly, the Council recommended, and NMFS
proposes, that the 2025 and 2026 Pacific cod TACs in the BS account for
the State's GHLs for Pacific cod caught in State waters in the BS.
For 2025 and 2026, the BOF established the GHL in State waters in
the AI equal to 35 percent of the Pacific cod ABC in the AI. 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 2 consecutive years, the GHL will decrease by 4 percent, but
the GHL may not decrease below 15 percent of the AI ABC. Based on
harvest in 2023 and 2024, the GHL likely will remain at 35 percent in
2025. Thirty-five percent of the proposed AI ABC is 4,350 mt. NMFS will
account for any adjustment to the 2025 GHL in the final 2025 and 2026
harvest specifications. The GHL for 2026 may change based on harvest
during the preceding fishing years, and NMFS will account for any
adjustment to the 2026 GHL in the final 2026 and 2027 harvest
specifications. 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, the Council recommended, and NMFS proposes, that the 2025
and 2026 Pacific cod TACs in the AI account for the State's GHL for
Pacific cod caught in State waters in the AI.

Proposed ABC and TAC Harvest Specifications

In October 2024, the Council's SSC, its AP, and the Council
reviewed the most recent biological and harvest information on the
condition of the BSAI groundfish stocks. The Plan Team compiled and
presented this information in the final 2023 SAFE report for the BSAI
groundfish fisheries, dated November 2023 (see ADDRESSES). The final
2024 SAFE report, including individual stock assessments, will be
available on the NMFS Alaska Region website (see ADDRESSES).
The proposed 2025 and 2026 harvest specifications are based on the
final 2025 harvest specifications published in March 2024 (89 FR 17287,
March 11, 2024), which were set after consideration of the most recent
2023 SAFE report that was presented at the November 2023 Plan Team
meeting.
The SAFE report contains a review of the latest scientific analyses
and estimates of each species' biomass and past, present, and possible
future condition of the stocks and groundfish fisheries off Alaska. The
SAFE report also contains an economic summary informed by the Economic
SAFE and ecosystem information summarized from the Ecosystem Status
Reports (ESR). The SAFE report provides information to the Council and
NMFS for recommending and setting, respectively, annual harvest levels
for each stock and documenting significant trends or changes in the
resource, marine ecosystems, and fisheries over time.
The ESRs are combined into an appendix to the SAFE reports. 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, and they are updated annually. These ESRs include ecosystem
report cards, ecosystem assessments, and ecosystem status indicators
(i.e., climate indices, sea surface temperature), which together
provide context for ecosystem-based fisheries management in Alaska. The
ESRs inform stock assessments and are integrated into the annual
harvest recommendations, primarily through inclusion in stock
assessment-specific risk tables that inform the specification of ABC
for target species. Also, the ESRs provide context for the SSC's
recommendations for overfishing levels (OFL) and ABCs, as well as for
the Council's TAC recommendations. The SAFE reports and the ESRs are
presented at the October and December Council meetings before the SSC,
AP, and the Council make groundfish harvest recommendations, and they
aid NMFS in implementing these annual groundfish harvest
specifications. An ESR is prepared for both the Eastern BS ecosystem
and the AI ecosystem (as well as for the Gulf of Alaska ecosystem).
In addition to the 2023 SAFE report, the Plan Team, SSC, and
Council also reviewed preliminary survey data from 2024 surveys,
updates on ecosystem and socioeconomic profiles (ESPs) for certain
species, initial updates on climate and oceanography for Alaska
ecosystems, and summaries of potential changes to models and
methodologies. From these data and analyses, the Plan Team and SSC
recommend the proposed OFL and ABC for each species and species group.
The proposed 2025 and 2026 harvest specifications in this action are
subject to change in the final harvest specifications to be published
by NMFS following the Council's December 2024 meeting.
In November 2024, the Plan Team will update the 2023 SAFE report to
include new information collected during 2024, such as NMFS stock
surveys, revised stock assessments, and catch data. The Plan Team will
compile this information and present the draft 2024 SAFE report at the
December 2024 Council meeting. At that meeting, the SSC and the Council
will review the 2024 SAFE report, and the Council will approve the 2024
SAFE report for use in informing the Council's final recommendations to
NMFS. The Council will consider information in the 2024 SAFE report,
recommendations from the November 2024 Plan Team meeting and December
2024 SSC and AP meetings, public testimony, and relevant written
comments in making its recommendations to NMFS for the final 2025 and
2026 harvest specifications. Pursuant to Sec. 679.20(a)(2) and (3),
the Council could recommend that NMFS adjust the final TACs if
warranted based on the biological condition of groundfish stocks or a
variety of socioeconomic considerations, or if required to cause the
sum of TACs to fall within the OY range.

Potential Changes Between Proposed and Final Specifications

In previous years, the most significant changes (relative to the
amount of assessed tonnage of fish) to the OFLs and ABCs from the
proposed to the final harvest specifications have been based on the
most recent NMFS stock surveys. These surveys provide updated estimates
of stock biomass and spatial distribution, and inform changes to the
models or the models' results used for producing stock assessments. Any
changes to models used in stock assessments will be recommended by the
Plan Team in November 2024, reviewed by the SSC in December 2024, and
then included in the final 2024 SAFE report. Model changes can result
in changes to final OFLs, ABCs, and TACs. The final 2024 SAFE report
will include the most recent information, such as catch data.

[[Page 96189]]

The final harvest specification amounts for these stocks are not
expected to vary greatly from these proposed harvest specification
amounts. If the 2024 SAFE report indicates that the stock biomass trend
is increasing for a species, then the final 2025 and 2026 harvest
specifications may reflect an increase from the proposed harvest
specifications. Conversely, if the 2024 SAFE report indicates that the
stock biomass trend is decreasing for a species, then the final 2025
and 2026 harvest specifications may reflect a decrease from the
proposed harvest specifications. In addition to changes driven by
biomass trends, there may be changes in TACs due to the constraint of
the OY for the BSAI. Under regulations and the FMP, TAC may not exceed
ABC, but can be set equal to ABC. The regulations require the sum of
all TACs for target species in the BSAI to be set to an OY between 1.4
and 2 million mt. Thus, the Council may be required to recommend TACs
that are lower than the ABCs recommended by the Plan Team and the SSC,
if setting all TACs equal to ABCs would cause the sum of TACs to exceed
an OY of 2 million mt. Generally, total ABCs greatly exceed 2 million
mt in years with a large pollock biomass. For both 2025 and 2026, NMFS
anticipates that the sum of the final ABCs will exceed 2 million mt,
and therefore TACs for some species likely will have to be set lower
than ABCs to ensure the sum of TACs is between 1.4 and 2 million mt.
Historically, the sum of the final TACs has been close to or equal to 2
million mt.
The proposed 2025 and 2026 OFLs and ABCs are based on the best
available biological and scientific information, including projected
biomass trends, information on assumed distribution of stock biomass,
and revised technical methods used to calculate stock biomass. The FMP
specifies a series of six tiers to define OFLs and ABCs based on the
level of reliable information available to fishery scientists. Tier 1
represents the highest level of information quality available, while
Tier 6 represents the lowest. The proposed 2025 and 2026 TACs are also
based on the best available biological and socioeconomic information.
In October 2024, the SSC adopted the proposed 2025 and 2026 OFLs
and ABCs recommended by the Plan Team for all groundfish. In making its
recommendations, the Council adopted the SSC's OFL and ABC
recommendations. The OFL and ABC amounts are unchanged from the final
2025 harvest specifications published in the Federal Register on March
11, 2024 (89 FR 17287). The sum of the proposed 2025 and 2026 ABCs for
all assessed groundfish is 3,550,691 mt. The sum of the proposed TACs
is 1,998,491 mt. NMFS has reviewed the recommendations of the SSC and
Council for OFLs, ABCs, and TACs for target species and species groups
in the BSAI as well as any other relevant information. Based on that
review, NMFS is proposing the OFLs, ABCs, and TACs set forth in the
tables of this proposed rule. NMFS concludes that these specifications
are consistent with the Magnuson-Stevens Act, the FMP, and other
applicable law, subject to further review and consideration after
public comment.

Specification and Apportionment of TAC Amounts

The Council recommended proposed 2025 and 2026 TACs that are equal
to the proposed ABCs for 2025 and 2026 BS and AI Greenland turbot, BSAI
Kamchatka flounder, Central AI Atka mackerel, BS Pacific ocean perch,
Central AI Pacific ocean perch, Eastern AI Pacific ocean perch, BS and
Eastern AI blackspotted and rougheye rockfish, Central AI and Western
AI blackspotted and rougheye rockfish, BSAI shortraker rockfish, and BS
and AI ``other rockfish.'' The Council recommended proposed TACs less
than the respective proposed ABCs for all other species and species
groups. TACs for some species and species groups are reduced so that
the overall TAC does not exceed the BSAI OY.
The proposed groundfish OFLs, ABCs, and TACs are subject to change
pending the completion of the final 2024 SAFE report, public comment,
and the Council's recommendations for the final 2025 and 2026 harvest
specifications during its December 2024 meeting. These proposed amounts
are consistent with the biological condition of groundfish stocks as
described in the 2023 SAFE report. The proposed ABCs reflect harvest
amounts that are less than the specified overfishing levels. The
proposed TACs have been adjusted for other biological information and
socioeconomic considerations, including maintaining the overall TAC
within the required OY range. Pursuant to section 3.2.3.4.1 of the FMP,
the Council could recommend that NMFS adjust the final TACs, if
warranted on the basis of bycatch considerations, management
uncertainty, or socioeconomic considerations; or if required in order
to cause the sum of the TACs to fall within the OY range. Table 1 lists
the proposed 2025 and 2026 OFL, ABC, TAC, initial TAC (ITAC), CDQ
amounts, and nonspecified reserves for groundfish for the BSAI. The
proposed apportionment of TAC amounts among fisheries and seasons is
discussed below.

Table 1--Proposed 2025 and 2026 Overfishing Level (OFL), Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), CDQ Reserve
Allocation, and Nonspecified Reserves of Groundfish in the BSAI \1\
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Proposed 2025 and 2026
--------------------------------------------------------------------------------
Species Area Nonspecified
OFL ABC TAC ITAC \2\ CDQ 3 4 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............................ 180,798 150,876 131,217 117,177 14,040 ..............
AI............................ 18,416 12,431 8,080 7,216 865 ..............
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

[[Page 96190]]

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 \10\.... BSAI.......................... 813 607 607 516 ........... 91
BS/EAI........................ n/a 412 412 350 ........... 62
CAI/WAI....................... n/a 195 195 166 ........... 29
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 ..............
BS/EAI........................ 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 1,998,491 1,779,229 193,125 15,058
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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 subarea includes the Bogoslof District.
\2\ Except for pollock, the portion of the sablefish TAC allocated to fixed gear, and the Amendment 80 species (Atka mackerel, flathead sole, rock sole,
yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 15 percent of the TAC for each species and species group is put into a
nonspecified reserve. The ITAC for these species is the remainder of the TAC after subtraction of the reserves. For pollock and Amendment 80 species,
ITAC is the non-CDQ allocation of TAC (see footnote 3 and 4).
\3\ For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and 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 BSAI arrowtooth
flounder are reserved for use by CDQ participants (see Sec. 679.20(b)(1)(ii)(B) and (D)). The 2026 fixed gear portion of the sablefish ITAC and CDQ
reserve will not be specified until the final 2026 and 2027 harvest specifications. Aleutian Islands Greenland turbot, ``other flatfish,'' Alaska
plaice, Bering Sea Pacific ocean perch, Kamchatka flounder, northern rockfish, shortraker rockfish, blackspotted and rougheye rockfish, ``other
rockfish,'' skates, sharks, and octopuses are not allocated to the CDQ Program.
\4\ Under Sec. 679.20(a)(5)(i)(A), the annual BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second
for the incidental catch allowance (46,000 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 (3,000 mt), is allocated to the Aleut Corporation for a pollock directed
fishery. The Bogoslof pollock TAC is set to accommodate incidental catch amounts.
\5\ The proposed BS Pacific cod TAC is set to account for the 13 percent of the BS ABC, plus 45 mt, for the State of Alaska's (State) guideline harvest
levels in State waters of the BS. The proposed 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 of Alaska's (State) 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).
\11\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, dark rockfish, northern rockfish, shortraker
rockfish, and blackspotted/rougheye rockfish.
Note: Regulatory areas and districts are defined at Sec. 679.2 (BSAI = Bering Sea and Aleutian Islands management area, BS = Bering Sea subarea, AI =
Aleutian Islands subarea, EAI = Eastern Aleutian district, CAI = Central Aleutian district, WAI = Western Aleutian district.)

Groundfish Reserves and the Incidental Catch Allowance for Pollock,
Atka Mackerel, Flathead Sole, Rock Sole, Yellowfin Sole, and AI Pacific
Ocean Perch

Section 679.20(b)(1)(i) requires NMFS to reserve 15 percent of the
TAC for each target species (except for pollock, fixed gear allocation
of sablefish, and Amendment 80 species) in a nonspecified reserve.
Section 679.20(b)(1)(ii)(B) requires that NMFS allocate 20 percent of
the fixed gear allocation of sablefish to the fixed gear sablefish CDQ
reserve for each subarea. Section 679.20(b)(1)(ii)(D) requires that
NMFS allocate 7.5 percent of the trawl gear allocation of sablefish for
each subarea from the nonspecified reserve and 10.7 percent of BS
Greenland turbot and BSAI arrowtooth flounder TACs to the respective
CDQ reserves. Section 679.20(b)(1)(ii)(C) requires that NMFS allocate
10.7 percent of the TACs for Atka mackerel, AI Pacific ocean perch,
yellowfin sole, rock sole, flathead sole, and Pacific cod (the
Amendment 80 allocated species) to the respective CDQ reserves.
Sections 679.20(a)(5)(i)(A) and 679.31(a) require allocation of 10
percent of the BS pollock TAC to the pollock CDQ directed fishing
allowance (DFA). Sections 679.20(a)(5)(iii)(B)(2)(i) and 679.31(a)
require 10 percent of the AI pollock TAC be allocated to the pollock
CDQ DFA. The entire Bogoslof District pollock TAC is allocated as an
incidental catch allowance (ICA) pursuant to Sec. 679.20(a)(5)(ii)
because the Bogoslof District is closed to directed

[[Page 96191]]

fishing for pollock by regulation (Sec. 679.22(a)(7)(B)). With the
exception of the fixed gear sablefish CDQ reserve, the regulations do
not further apportion the CDQ reserves by gear.
Pursuant to Sec. 679.20(a)(5)(i)(A)(1), NMFS proposes a pollock
ICA of 46,000 mt of the BS pollock TAC after subtracting the 10 percent
CDQ DFA. This allowance is based on NMFS's examination of the pollock
incidentally retained and discarded catch, including the incidental
catch by CDQ vessels, in target fisheries other than pollock in recent
years. Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS
proposes a pollock ICA of 3,000 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 in recent
years.
After subtracting the 10.7 percent CDQ reserve and pursuant to
Sec. 679.20(a)(8) and (10), NMFS proposes ICAs of 2,000 mt of flathead
sole, 3,000 mt of rock sole, 2,000 mt of yellowfin sole, 10 mt of
Western Aleutian district Pacific ocean perch, 60 mt of Central
Aleutian district Pacific ocean perch, 100 mt of Eastern Aleutian
district Pacific ocean perch, 20 mt of Western Aleutian district Atka
mackerel, 100 mt of Central Aleutian district Atka mackerel, and 800 mt
of Eastern Aleutian district and BS Atka mackerel. These ICAs are based
on NMFS's examination of the incidental catch in other target fisheries
in recent years.
The regulations do not designate the remainder of the nonspecified
reserve by species or species group. Any amount of the reserve may be
apportioned to a target species that contributed to the nonspecified
reserve during the year, provided that such apportionments are
consistent with Sec. 679.20(a)(3) and do not result in overfishing
(see Sec. 679.20(b)(1)(i)). In the final 2025 and 2026 harvest
specifications, NMFS will evaluate whether any apportionments are
necessary and may apportion from the nonspecified reserve to increase
the ITAC for any target species that contributed to the reserve.

Allocations of Pollock TAC Under the American Fisheries Act

Section 679.20(a)(5)(i)(A) requires that BS pollock TAC be
apportioned as a DFA, after subtracting 10 percent for the CDQ Program
and 46,000 mt for the ICA, as follows: 50 percent to the inshore
sector, 40 percent to the catcher/processor (CP) sector, and 10 percent
to the mothership sector. In the BS, 45 percent of the DFAs are
allocated to the A season (January 20 to June 10), and 55 percent of
the DFAs are allocated to the B season (June 10 to November 1)
(Sec. Sec. 679.20(a)(5)(i)(B)(1) and 679.23(e)(2)). The AI directed
pollock fishery allocation to the Aleut Corporation is the amount of
pollock TAC remaining in the AI after subtracting 1,900 mt for the CDQ
DFA (10 percent), and 3,000 mt for the ICA (Sec.
679.20(a)(5)(iii)(B)(2)). In the AI, the total A season apportionment
of the pollock TAC (including the AI directed fishery allocation, the
CDQ DFA, and the ICA) may not exceed 40 percent of the ABC for AI
pollock, and the remainder of the pollock TAC is allocated to the B
season (Sec. 679.20(a)(5)(iii)(B)(3)). Table 2 lists these proposed
2025 and 2026 amounts. Within any fishing year, any underharvest of a
seasonal allowance may be added to a subsequent seasonal allowance
(Sec. 679.20(a)(5)(i)(B)(2) and 679.20(a)(5)(iii)(B)(3)(iii)).
Section 679.20(a)(5)(iii)(B)(6) sets harvest limits for pollock in
the A season (January 20 to June 10) in Areas 543, 542, and 541. In
Area 543, the A season pollock harvest limit is no more than 5 percent
of the AI pollock ABC. In Area 542, the A season pollock harvest limit
is no more than 15 percent of the AI pollock ABC. In Area 541, the A
season pollock harvest limit is no more than 30 percent of the AI
pollock ABC.
Section 679.20(a)(5)(i)(A)(4) includes several specific
requirements regarding BS pollock allocations. First, it requires that
8.5 percent of the pollock allocated to the CP sector be available for
harvest by American Fisheries Act (AFA) catcher vessels (CVs) with CP
sector endorsements, unless the Regional Administrator receives a
cooperative contract that allows the distribution of harvest among AFA
CPs and AFA CVs in a manner agreed to by all members of the CP sector
cooperative(s). Second, AFA CPs not listed in the AFA are limited to
harvesting no more than 0.5 percent of the pollock allocated to the CP
sector. Table 2 lists the proposed 2025 and 2026 allocations of pollock
TAC. Tables 13, 14, and 15 list the AFA CP and CV harvesting sideboard
limits. The BS inshore pollock cooperative and open access sector
allocations are based on the submission of AFA inshore cooperative
applications due to NMFS on December 1 of each calendar year. Because
AFA inshore cooperative applications for 2025 have not been submitted
to NMFS, and NMFS therefore cannot calculate 2025 allocations, NMFS has
not included inshore cooperative tables in these proposed harvest
specifications. NMFS will include the 2025 AFA inshore pollock
cooperative and open access sector allocations in the final harvest
specifications. NMFS also will post the 2025 AFA inshore pollock
cooperative and open access sector allocations on the Alaska Region
website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports prior to the start of the fishing
year, based on the harvest specifications effective on that date.
Table 2 also lists proposed seasonal apportionments of pollock and
harvest limits within the Steller Sea Lion Conservation Area (SCA). The
harvest of pollock within the SCA, as defined at Sec.
679.22(a)(7)(vii), is limited to no more than 28 percent of the annual
pollock DFA before 12 p.m. (noon), April 1, as provided in Sec.
679.20(a)(5)(i)(C). The A season pollock SCA harvest limit will be
apportioned to each sector in proportion to each sector's allocated
percentage of the DFA.

Table 2--Proposed 2025 and 2026 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ
Directed Fishing Allowances (DFA) \1\
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
A season \1\ B season
----------------------------- \1\
Area and sector 2025 and 2026 ------------
allocations A season SCA harvest B season
DFA limit \2\ DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC............................... 1,325,000 n/a n/a n/a
CDQ DFA.............................................. 132,500 59,625 37,100 72,875
ICA \1\.............................................. 46,000 n/a n/a n/a
Total Bering Sea DFA (non-CDQ)....................... 1,146,500 515,925 321,020 630,575

[[Page 96192]]

AFA Inshore.......................................... 573,250 257,963 160,510 315,288
AFA Catcher/Processors \3\........................... 458,600 206,370 128,408 252,230
Catch by CPs..................................... 419,619 188,829 n/a 230,790
Catch by CVs \3\................................. 38,981 17,541 n/a 21,440
Unlisted CP Limit \4\........................ 2,293 1,032 n/a 1,261
AFA Motherships...................................... 114,650 51,593 32,102 63,058
Excessive Harvesting Limit \5\....................... 200,638 n/a n/a n/a
Excessive Processing Limit \6\....................... 343,950 n/a n/a n/a
Aleutian Islands subarea ABC......................... 43,863 n/a n/a n/a
Aleutian Islands subarea TAC......................... 19,000 n/a n/a n/a
CDQ DFA.............................................. 1,900 1,900 n/a ...........
ICA.................................................. 3,000 1,500 n/a 1,500
Aleut Corporation.................................... 14,100 14,100 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
Bogoslof District ICA \8\............................ 300 n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the annual Bering Sea subarea pollock TAC, after subtracting the CDQ
DFA (10 percent) and the ICA (46,000 mt), is allocated as a DFA as follows: inshore sector-50 percent, CPs-40
percent, and mothership sector-10 percent. In the Bering Sea subarea, 45 percent of the DFA and CDQ DFA are
allocated to the A season (January 20-June 10) and 55 percent of the DFA and CDQ DFA are allocated to the B
season (June 10-November 1). Pursuant to Sec. 679.20(a)(5)(iii)(B)(2), the annual Aleutian Islands subarea
pollock TAC, after subtracting first for the CDQ DFA (10 percent) and second for the ICA (3,000 mt), is
allocated to the Aleut Corporation for a directed pollock fishery. In the Aleutian Islands subarea, the A
season is allocated up to 40 percent of the AI pollock ABC.
\2\ In the Bering Sea subarea, pursuant to Sec. 679.20(a)(5)(i)(C), no more than 28 percent of each sector's
annual DFA may be taken from the SCA before noon, April 1. The SCA is defined at Sec. 679.22(a)(7)(vii).
\3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), 8.5 percent of the DFA allocated to listed CPs shall be available
for harvest only by eligible catcher vessels with a CP endorsement delivering to listed CPs, unless there is a
cooperative contract for the year.
\4\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted CPs are limited to harvesting not more than
0.5 percent of the C/P sector's allocation of pollock.
\5\ Pursuant to Sec. 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
percent of the sum of the non-CDQ pollock DFAs.
\6\ Pursuant to Sec. 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30
percent of the sum of the non-CDQ pollock DFAs.
\7\ Pursuant to Sec. 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
Area 541 no more than 30 percent, in Area 542 no more than 15 percent, and in Area 543 no more than 5 percent
of the Aleutian Islands pollock ABC.
\8\ Pursuant to Sec. 679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The
amounts specified are therefore for incidental catch only and are not apportioned by season or sector (Sec.
679.20(a)(5)(ii)).

Allocation of the Atka Mackerel TACs

Section 679.20(a)(8) allocates the Atka mackerel TACs to the
Amendment 80 and BSAI trawl limited access sectors, after subtracting
the CDQ reserves, ICAs for the BSAI trawl limited access sector and
non-trawl gear sector, and the jig gear allocation (table 3). The
percentage of the ITAC for Atka mackerel allocated to the Amendment 80
and BSAI trawl limited access sectors is listed in table 33 to 50 CFR
part 679 and in Sec. 679.91. Pursuant to Sec. 679.20(a)(8)(i), up to
2 percent of the Eastern Aleutian district and BS subarea Atka mackerel
TAC may be allocated to vessels using jig gear. The percent of this
allocation is recommended annually by the Council based on several
criteria, including the anticipated harvest capacity of the jig gear
fleet. The Council recommended, and NMFS proposes, a 0.5 percent
allocation of the Atka mackerel TAC in the Eastern Aleutian district
and BS subarea to the jig sector gear in 2025 and 2026.
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
trawl seasons to trawl CDQ Atka mackerel fishing. Within any fishing
year, any underharvest or overharvest of a seasonal allowance may be
added to or subtracted from a subsequent seasonal allowance (Sec.
679.20(a)(8)(ii)(B)). The ICA and jig gear allocations are not
apportioned by season.
Sections 679.20(a)(8)(ii)(C)(1)(i) and (ii) limit Atka mackerel
catch within waters 0 nautical miles (nmi) to 20 nmi of Steller sea
lion sites listed in table 6 to 50 CFR part 679 and located west of
178[deg] W longitude to no more than 60 percent of the annual TACs in
Areas 542 and 543, and equally divides that annual harvest limit
between the A and B seasons as defined at Sec. 679.23(e)(3). Section
679.20(a)(8)(ii)(C)(2) requires that the annual TAC in Area 543 will be
no more than 65 percent of the ABC in Area 543. Section
679.20(a)(8)(ii)(D) requires that any unharvested Atka mackerel A
season allowance that is added to the B season be prohibited from being
harvested within waters 0 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.
Table 3 lists the proposed 2025 and 2026 Atka mackerel seasonal
allowances, area allowances, and the sector allocations. One Amendment
80 cooperative has formed for the 2025 fishing year. Because all
Amendment 80 vessels are part of the sole cooperative,

[[Page 96193]]

no allocation to the Amendment 80 limited access sector is required for
2025. The 2026 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, 2025. NMFS will post the 2026 Amendment 80
cooperatives and Amendment 80 limited access sector allocations on the
Alaska Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska prior to the start
of the fishing year, based on the harvest specifications effective on
that date.

Table 3--Proposed 2025 and 2026 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch
Allowance (ICA), and Amendment 80 Allocations of the BSAI Atka Mackerel TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2025 and 2026 allocation by area
-----------------------------------------------------------
Sector \1\ Season 2 3 4 Eastern Aleutian
District/Bering Central Aleutian Western Aleutian
Sea District \5\ District \5\
----------------------------------------------------------------------------------------------------------------
TAC............................. n/a............... 30,000 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
\5\.
B................. 1,605 796 1,139
Critical habitat n/a 478 683
\5\.
non-CDQ TAC..................... n/a............... 26,790 13,285 19,010
ICA............................. Total............. 800 100 20
Jig \6\......................... Total............. 130 .................. ..................
BSAI trawl limited access....... Total............. 2,586 1,319 ..................
A................. 1,293 659 ..................
Critical habitat n/a 396 ..................
\5\.
B................. 1,293 659 ..................
Critical habitat n/a 396 ..................
\5\.
Amendment 80 \7\................ Total............. 23,274 11,867 18,990
A................. 11,637 5,933 9,495
Critical habitat n/a 3,560 5,697
\5\.
B................. 11,637 5,933 9,495
Critical habitat n/a 3,560 5,697
\5\.
----------------------------------------------------------------------------------------------------------------
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and the
jig gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for
Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in table 33 to 50 CFR
part 679 and Sec. 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec.
679.20(b)(1)(ii)(C)).
\2\ Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel
fishery.
\3\ The seasonal allowances of Atka mackerel for the CDQ reserve, BSAI trawl limited access sector, and
Amendment 80 sector are 50 percent in the A season and 50 percent in the B season.
\4\ Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from
January 20 to June 10, and the B season from June 10 to December 31.
\5\ Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to
be caught inside of Steller sea lion critical habitat; Sec. 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 Sec.
679.20(a)(8)(ii)(C)(2) requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
\6\ Sections 679.2 and 679.20(a)(8)(i) require that up to 2 percent of the Eastern Aleutian District and Bering
Sea subarea TAC be allocated to jig gear after subtraction of the CDQ reserve and ICA. The proposed amount of
this allocation is 0.5 percent. The jig gear allocation is not apportioned by season.
\7\ The 2026 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,
2025.

Allocation of the Pacific Cod TAC

The Council separated the BSAI OFL, ABC, and TAC into BS and AI
subarea OFLs, ABCs, and TACs for Pacific cod in 2014 (79 FR 12108,
March 4, 2014). Section 679.20(b)(1)(ii)(C) allocates 10.7 percent of
the BS TAC and the AI TAC to the CDQ Program. After CDQ allocations
have been deducted from the respective BS and AI Pacific cod TACs, the
remaining BS and AI Pacific cod TACs are combined for calculating
further BSAI Pacific cod sector allocations and seasonal allowances. If
the non-CDQ Pacific cod TAC is or will be reached in either the BS or
the AI subareas, NMFS will prohibit directed fishing for non-CDQ
Pacific cod in that subarea, as provided in Sec. 679.20(d)(1)(iii).
Section 679.20(a)(7)(ii) allocates to the non-CDQ sectors the
combined BSAI Pacific cod TAC, after subtracting 10.7 percent for the
CDQ Program, as follows: 1.4 percent to vessels using jig gear, 2.0
percent to hook-and-line or pot CVs less than 60 feet (ft) (18.3 m)
LOA, 0.2 percent to hook-and-line CVs greater than or equal to 60 ft
(18.3 m) LOA, 48.7 percent to hook-and-line CPs, 8.4 percent to pot CVs
greater than or equal to 60 ft (18.3 m) LOA, 1.5 percent to pot CPs,
2.3 percent to AFA trawl CPs, 13.4 percent to the Amendment 80 sector,
and 22.1 percent to trawl CVs. The BSAI ICA for the hook-and-line and
pot sectors will be deducted from the aggregate portion of BSAI Pacific
cod TAC allocated to the hook-and-line and pot sectors (Sec.
679.20(a)(7)(ii)(B)). For 2025 and 2026, the Regional Administrator
proposes a BSAI ICA of 500 mt, based on anticipated incidental catch by
these sectors in other fisheries. During the fishing year, NMFS may
reallocate unharvested Pacific cod among sectors, consistent with the
reallocation hierarchy set forth at Sec. 679.20(a)(7)(iii).
The BSAI ITAC allocation of Pacific cod to the Amendment 80 sector
is established in table 33 to 50 CFR part 679 and Sec. 679.91. One
Amendment 80 cooperative has formed for the 2025 fishing year. Because
all Amendment 80 vessels are part of the sole cooperative, no
allocation to the Amendment 80 limited access sector is required for

[[Page 96194]]

2025. The 2026 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, 2025. NMFS will post the 2026 Amendment 80
cooperatives and Amendment 80 limited access fishery allocations on the
Alaska Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska prior to the start
of the fishing year, based on the harvest specifications effective on
that date.
The BSAI ITAC allocation of Pacific cod to the Pacific Cod Trawl
Cooperative Program (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 during the A
and B seasons. In the annual harvest specification process, NMFS
determines the Pacific cod trawl catcher vessel TAC and the annual
apportionment of Pacific cod in the A and B seasons between the PCTC
Program DFA and the ICA (Sec. 679.131(b)(2)) (table 4 below). The
allocations to PCTC Program cooperatives are not included in these
proposed harvest specifications. PCTC Program cooperative applications
are not due to NMFS until November 1, 2024; therefore, NMFS cannot
calculate 2025 and 2026 allocations in conjunction with these proposed
harvest specifications (Sec. 679.131(b)). After receiving the PCTC
Program applications, NMFS will calculate the 2025 allocations for PCTC
Program cooperatives, as set forth in in Sec. 679.131(b), and will
include the 2025 PCTC Program cooperative allocations in the final
harvest specifications. NMFS also will post the 2025 PCTC Program
cooperative allocations on the Alaska Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports prior to the start of the fishing year, based on the
harvest specifications effective on that date. The 2026 allocations for
Pacific cod for PCTC Program cooperatives will not be known until
eligible participants apply for participation in the program by
November 1, 2025.
The sector allocations of Pacific cod are apportioned into seasonal
allowances to disperse the Pacific cod fisheries over the fishing year
(see Sec. Sec. 679.20(a)(7)(i)(B) (CDQ), 679.20(a)(7)(iv)(A) (non-
CDQ), and 679.23(e)(5) (seasons)). Table 4 lists the non-CDQ sector and
seasonal allowances. In accordance with Sec. 679.20(a)(7)(iv)(B) and
(C), any unused portion of a non-CDQ Pacific cod seasonal allowance for
any sector, except the jig sector, will become available at the
beginning of that sector's next seasonal allowance. Section
679.20(a)(7)(i)(B) sets forth the CDQ Pacific cod gear allowances by
season, and CDQ groups are prohibited from exceeding those seasonal
allowances (Sec. 679.7(d)(6)).
Section 679.20(a)(7)(vii) requires that the Regional Administrator
establish an Area 543 Pacific cod harvest limit based on Pacific cod
abundance in Area 543 as determined by the annual stock assessment
process. Based on the 2023 stock assessment, the Regional Administrator
has preliminarily determined for 2025 and 2026 that the estimated
amount of Pacific cod abundance in Area 543 is 15.7 percent of total AI
abundance. To calculate the Area 543 Pacific cod harvest limit, NMFS
first subtracts the State GHL Pacific cod amount from the AI Pacific
cod ABC. Then NMFS determines the harvest limit in Area 543 by
multiplying the percentage of Pacific cod estimated in Area 543 (15.7
percent) by the remaining ABC for AI Pacific cod. Based on these
calculations, which rely on the 2023 stock assessment, the proposed
Area 543 harvest limit is 1,269 mt. However, the final Area 543 harvest
limit could change if the Pacific cod abundance in Area 543 changes
based on the stock assessment in the final 2024 SAFE report.
Under the PCTC Program, PCTC cooperatives are required to
collectively set aside up to 12 percent of the PCTC Program A-season
allocation for delivery to an AI shoreplant established through the
process set forth at Sec. 679.132 in years in which an AI community
representative notifies NMFS of their intent to process PCTC Program
Pacific cod in Adak or Atka. A notice of intent to process PCTC Program
Pacific cod for 2025 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
2024, and accordingly the AI set-aside will not be in effect for 2025.
The 2026 set-aside will be determined after the October 15, 2025,
deadline in conjunction with the 2026 and 2027 harvest specifications
process.
Based on the proposed 2025 and 2026 Pacific cod TACs, table 4 lists
the CDQ and non-CDQ TAC amounts; non-CDQ seasonal allowances by gear;
the sector allocations of Pacific cod; and the seasons set forth at
Sec. 679.23(e)(5).

Table 4--Proposed 2025 and 2026 Sector Allocations and Seasonal Allowances of the BSAI \1\ Pacific Cod TAC
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2025 and 2026 2025 and 2026 2025 and 2026 seasonal allowances
Sector Percent share of gear share of sector -----------------------------------------------------------
sector total total Season Amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Bering Sea TAC............................ n/a 131,217 n/a n/a............................................. n/a
Bering Sea CDQ.................................. n/a 14,040 n/a See Sec. 679.20(a)(7)(i)(B)................... n/a
Bering Sea non-CDQ TAC.......................... n/a 117,177 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. 679.20(a)(7)(i)(B)................... n/a
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\...................... 100.0 124,392 n/a n/a............................................. n/a
Total hook-and-line/pot gear.................... 60.8 75,630 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 75,130 n/a n/a............................................. n/a
Hook-and-line catcher/processors................ 48.7 n/a 60,179 n/a............................................. n/a
A-season........................................ Jan-1-Jun 10.................................... 30,691
B-season........................................ Jun 10-Dec 31................................... 29,487
Hook-and-line catcher vessels >=60 ft LOA....... 0.2 n/a 247 n/a............................................. n/a
A-season........................................ Jan 1-Jun 10.................................... 126
B-season........................................ Jun 10-Dec 31................................... 121
Pot catcher/processors.......................... 1.5 n/a 1,854 n/a............................................. n/a

[[Page 96195]]

Pot catcher/processors A-season................. Jan 1-Jun 10.................................... 945
Pot catcher/processors B-season................. Sept 1-Dec 31................................... 908
Pot catcher vessels >=60 ft LOA................. 8.4 n/a 10,380 n/a............................................. n/a
A-season........................................ Jan 1-Jun 10.................................... 5,294
B-season........................................ Sept-1-Dec 31................................... 5,086
Catcher vessels <60 ft LOA using hook-and-line 2.0 n/a 2,471 n/a............................................. n/a
or pot gear.
Trawl catcher vessels \3\....................... 22.1 27,491 n/a n/a............................................. n/a
A-Season ICA.................................... Jan 20-Apr 1.................................... 1,500
A-season PCTC................................... Jan 20-Apr 1.................................... 18,843
B-season ICA.................................... Apr 1-Jun 10.................................... 700
B-season PCTC................................... Apr 1-Jun 10.................................... 2,324
C-season trawl catcher vessels.................. Jun 10-Nov 1.................................... 4,124
AFA trawl catcher/processors.................... 2.3 2,861 n/a n/a............................................. n/a
A-season........................................ Jan 20-Apr 1.................................... 2,146
B-season........................................ Apr 1-Jun 10.................................... 715
C-season........................................ Jun 10-Nov 1.................................... ........
Amendment 80.................................... 13.4 16,669 n/a n/a............................................. n/a
A-season........................................ Jan 20-Apr 1.................................... 12,501
B-season........................................ Apr 1-Jun 10.................................... 4,167
C-season........................................ Jun 10-Dec 31................................... ........
Jig............................................. 1.4 1,741 n/a n/a............................................. n/a
A-season........................................ Jan 1-Apr 30.................................... 1,045
B-season........................................ Apr 30-Aug 31................................... 348
C-season........................................ Aug 31-Dec 31................................... 348
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The sector allocations and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and AI Pacific cod TACs, after subtraction of
the reserves for the CDQ Program. If the TAC for Pacific cod in either the BS or AI is or will be reached, then directed fishing will be prohibited
for non-CDQ Pacific cod in that subarea, even if a BSAI allowance remains (Sec. 679.20(d)(1)(iii)).
\2\ The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC allocated to the hook-and-line and pot
sectors. The Regional Administrator proposes an ICA of 500 mt based on anticipated incidental catch by these sectors in other fisheries.
\3\ The A and B season trawl CV Pacific cod allocation will be allocated to the PCTC Program after subtraction of the A and B season ICAs (Sec.
679.131(b)(1)). The Regional Administrator proposes for the A and B seasons, ICAs of 1,500 mt and 700 mt, respectively, to account for projected
incidental catch of Pacific cod by trawl catcher vessels engaged in directed fishing for groundfish other than PCTC Program Pacific cod.
Note: Seasonal or sector apportionments may not total precisely due to rounding.

Sablefish Gear Allocation

Section 679.20(a)(4)(iii) and (iv) require allocation of sablefish
TAC for the BS and AI between trawl gear and fixed gear. Gear
allocations of the sablefish TAC for the BS are 50 percent for trawl
gear and 50 percent for fixed gear. Gear allocations of the TAC for the
AI are 25 percent for trawl gear and 75 percent for fixed gear. Section
679.20(b)(1)(ii)(B) requires that NMFS apportion 20 percent of the
fixed gear allocation of sablefish TAC to the CDQ reserve for each
subarea. Also, Sec. 679.20(b)(1)(ii)(D)(1) requires that 7.5 percent
of the trawl gear allocation of sablefish TAC from the nonspecified
reserve, established under Sec. 679.20(b)(1)(i), be apportioned to the
CDQ reserve. The Council recommended that only trawl gear allocations
of sablefish TACs be established biennially and that fixed gear
allocations of sablefish TACs be established for 1 year. NMFS concurs,
and the proposed harvest specifications for the fixed gear sablefish
Individual Fishing Quota (IFQ) fisheries are limited to the 2025
fishing year to ensure those fisheries are conducted concurrently with
the halibut IFQ fishery. Concurrent sablefish and halibut IFQ fisheries
reduce the potential for discards of halibut and sablefish in those
fisheries. The sablefish IFQ fisheries remain closed at the beginning
of each fishing year until the final harvest specifications for the
sablefish IFQ fisheries are in effect. Table 5 lists the proposed 2025
and 2026 gear allocations of the sablefish TAC and CDQ reserve amounts.

Table 5--Proposed 2025 and 2026 Gear Shares and CDQ Reserve of BSAI Sablefish TACs
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Percent 2025 Share 2025 ITAC 2025 CDQ 2026 Share 2026 CDQ
Subarea and gear of TAC of TAC \1\ reserve of TAC 2026 ITAC reserve
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea:
Trawl gear..................................................... 50 4,750 4,038 356 4,750 4,038 356
Fixed gear \2\................................................. 50 4,750 n/a 950 n/a n/a n/a
------------------------------------------------------------------------------------
Total...................................................... 100 9,500 4,038 1,306 4,750 4,038 356
--------------------------------------------------------------------------------------------------------------------------------------------------------
Aleutian Islands:
Trawl gear..................................................... 25 2,110 1,794 158 2,110 1,794 158
Fixed gear \2\................................................. 75 6,330 n/a 1,266 n/a n/a n/a
------------------------------------------------------------------------------------

[[Page 96196]]

Total...................................................... 100 8,440 1,794 1,424 2,110 1,794 158
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For the sablefish TAC allocated to vessels using trawl gear, 15 percent of TAC is apportioned to the nonspecified reserve (Sec. 679.20(b)(1)(i)).
The ITAC for vessels using trawl gear is the remainder of the TAC after subtracting this reserve. In the BS and AI, 7.5 percent of the trawl gear
allocation of the TAC is assigned from the nonspecified reserve to the CDQ reserve (Sec. 679.20(b)(1)(ii)(D)(1)).
\2\ For the portion of the sablefish TAC allocated to vessels using 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 proposes, that specifications for the fixed gear sablefish IFQ fisheries be limited to 1 year.
Note: Seasonal or sector apportionments may not total precisely due to rounding.

Allocation of the AI Pacific Ocean Perch, and BSAI Flathead Sole, Rock
Sole, and Yellowfin Sole TACs

Section 679.20(a)(10)(i) and (ii) require that NMFS allocate AI
Pacific ocean perch, and BSAI flathead sole, rock sole, and yellowfin
sole TACs between the Amendment 80 sector and the BSAI trawl limited
access sector, after subtracting 10.7 percent for the CDQ reserves and
amounts for ICAs for the BSAI trawl limited access sector and vessels
using non-trawl gear. The allocation of the ITACs for AI Pacific ocean
perch, and BSAI flathead sole, rock sole, and yellowfin sole to the
Amendment 80 sector is established in accordance with tables 33 and 34
to 50 CFR part 679 and in Sec. 679.91.
One Amendment 80 cooperative has formed for the 2025 fishing year.
Because all Amendment 80 vessels are part of the sole cooperative, no
allocation to the Amendment 80 limited access sector is required for
2025. The 2026 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 and the deadline for applying for participation is November 1,
2025. NMFS will post the 2026 Amendment 80 cooperatives and Amendment
80 limited access sector allocations on the Alaska Region website at
https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska prior to the start of the fishing year,
based on the harvest specifications effective on that date. Table 6
lists the proposed 2025 and 2026 allocations of the AI Pacific ocean
perch, and BSAI flathead sole, rock sole, and yellowfin sole TACs.

Table 6--Proposed 2025 and 2026 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]
----------------------------------------------------------------------------------------------------------------
2025 and 2026 allocations
-----------------------------------------------------------------------------
Pacific ocean perch Flathead Rock sole Yellowfin
Sector --------------------------------------- sole ------------- sole
Eastern Central Western ------------- ------------
Aleutian Aleutian Aleutian BSAI
District District District BSAI BSAI
----------------------------------------------------------------------------------------------------------------
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 2,000 3,000 2,000
BSAI trawl limited access......... 689 478 223 ........... ........... 33,796
Amendment 80 \1\.................. 6,201 4,304 10,929 29,702 55,938 138,339
----------------------------------------------------------------------------------------------------------------
\1\ The 2026 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 the deadline of November 1,
2025.

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 each Amendment 80
cooperative ABC reserves to be the ratio of each cooperatives' quota
share units and the total Amendment 80 quota share units, multiplied by
the Amendment 80 ABC reserve for each respective species. Table 7 lists
the proposed 2025 and 2026 ABC surplus and ABC reserves for BSAI
flathead sole, rock sole, and yellowfin sole.

[[Page 96197]]

Table 7--Proposed 2025 and 2026 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]
----------------------------------------------------------------------------------------------------------------
Sector Flathead sole Rock sole Yellowfin sole
----------------------------------------------------------------------------------------------------------------
ABC......................................................... 68,203 122,535 276,917
TAC......................................................... 35,500 66,000 195,000
ABC surplus................................................. 32,703 56,535 81,917
ABC reserve................................................. 32,703 56,535 81,917
CDQ ABC reserve............................................. 3,499 6,049 8,765
Amendment 80 ABC reserve \1\................................ 29,204 50,486 73,152
----------------------------------------------------------------------------------------------------------------
Note: The 2026 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 the deadline of November 1,
2025.

Proposed PSC Limits for Halibut, Salmon, Crab, and Herring

Sections 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. Under amendment
123 to the FMP and implementing regulations (88 FR 82740, November 24,
2023), an additional amount for the halibut PSC limit for the Amendment
80 sector is determined annually based on the most recent halibut
biomass estimates from the International Pacific Halibut Commission
(IPHC) setline survey index and the NMFS Alaska Fisheries Science
Center (AFSC) Eastern Bering Sea shelf trawl survey index. In
accordance with Sec. 679.21(b)(1)(i)(B), NMFS applies 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 for the following year.
The 2024 AFSC Eastern Bering Sea shelf trawl survey index estimate
of halibut abundance is 125,145 mt and is below the threshold level of
150,000 mt. The IPHC setline survey index is unknown at this time but
is anticipated to be available by December 2024. Based on the 2024 AFSC
Eastern Bering Sea shelf trawl survey index indicating a low biomass
state, the final Amendment 80 sector halibut PSC limit will be one of
the following--1,134 mt, 1,309 mt, 1,396 mt, or 1,745 mt--depending on
the IPHC setline survey index. Since both survey indices are not yet
available, NMFS is unable to calculate the Amendment 80 sector halibut
PSC limit for next year in these proposed 2025 and 2026 harvest
specifications and therefore proposes a roll-over from last year's 2024
and 2025 harvest specifications of 1,396 mt. NMFS will calculate the
final Amendment 80 sector halibut PSC limit and the total halibut PSC
limit for the BSAI in the final 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, and Sec. 679.21(b)(1)(ii)(A) and (B), (e)(3)(i)(B), and
(e)(3)(iv) require apportionment of the BSAI trawl limited access
sector's halibut and crab PSC limits into PSC allowances among seven
fishery categories. Tables 9 and 10 list the proposed fishery PSC
allowances for the BSAI trawl limited access sector fisheries, and
table 11 lists the proposed fishery PSC allowances for the non-trawl
fisheries.
Pursuant to section 3.6 of the FMP, the Council recommends, and
NMFS proposes, that certain specified non-trawl fisheries be exempt
from the halibut PSC limit. As in past years, after consultation with
the Council, NMFS proposes to exempt the pot gear fishery, the jig gear
fishery, and the sablefish IFQ 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 legal-size halibut to be
retained by vessels using fixed gear if a halibut IFQ permit holder or
a hired master is aboard and is holding unused halibut IFQ for that
vessel category and the IFQ regulatory area in which the vessel is
operating (Sec. 679.7(f)(11)).
As of November 8, 2024, total groundfish catch for the pot gear
fishery in the BSAI was 13,278 mt, with an associated halibut bycatch
mortality of 9 mt. The 2024 jig gear fishery harvested 0 mt of
groundfish. Most vessels in the jig gear fleet are exempt from observer
coverage requirements. As a result, observer data are not available on
halibut bycatch in the jig gear fishery. As mentioned above, NMFS
estimates a negligible amount of halibut bycatch mortality because of
the selective nature of jig gear and the low mortality rate of halibut
caught with jig gear and released.
Under Sec. 679.21(f)(2), NMFS annually allocates portions of
either 33,318, 45,000, 47,591, or 60,000 Chinook salmon PSC limits
among the AFA sectors, depending on past bycatch performance, on
whether Chinook salmon bycatch incentive plan agreements (IPA) are
approved, and on whether NMFS determines it is a low Chinook salmon
abundance year. NMFS will determine that it is a low Chinook salmon
abundance year when abundance of Chinook salmon in western Alaska is
less than or equal to 250,000 Chinook salmon. The State provides to
NMFS an estimate of Chinook salmon abundance using the 3-System Index
for western Alaska, based on the Kuskokwim, Unalakleet, and Upper Yukon
aggregate stock grouping.
If an AFA sector participates in an approved IPA and has not
exceeded its performance standard under Sec. 679.21(f)(6), and if it
is not a low Chinook salmon abundance year, then NMFS will allocate a
portion of the 60,000 Chinook salmon PSC limit to that sector as
specified in Sec. 679.21(f)(3)(iii)(A). If no IPA is approved, or if
the sector has exceeded its performance standard under Sec.
679.21(f)(6), and if it is not a low abundance year, then NMFS will
allocate a portion of the 47,591 Chinook salmon PSC limit to that
sector as 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

[[Page 96198]]

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 2024 was a low Chinook salmon abundance
year, based on the State's estimate that Chinook salmon abundance in
western Alaska is less than 250,000 Chinook salmon. 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 2025,
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 2025, the
Chinook salmon bycatch performance standard under Sec. 679.21(f)(6) is
33,318 Chinook salmon, allocated to each sector as specified in Sec.
679.21(f)(3)(iii)(D). If a sector exceeds its Chinook salmon bycatch
performance standard in any three of seven consecutive years, that
sector's allocation is reduced to the amount allocated under the
Chinook salmon bycatch performance standard at Sec.
679.21(f)(3)(iii)(C)-(D). The AFA sector Chinook salmon PSC limits are
also seasonally apportioned with 70 percent for the A season pollock
fishery and 30 percent for the B season pollock fishery (Sec. Sec.
679.21(f)(3)(i) and 679.23(e)(2)). NMFS publishes the approved IPAs and
the Chinook salmon PSC allocations and reports at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska.
Section 679.21(g)(2)(i) specifies 700 fish as the 2025 and 2026
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 2025 and 2026
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 (2024) survey data, the red king crab
mature female abundance is estimated at 11.7 million red king crabs,
and the effective spawning biomass is estimated at 22.47 million lbs
(10,190 mt). Based on the criteria set out at Sec. 679.21(e)(1)(i),
the calculated 2025 and 2026 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 (6,577 and
24,947 mt).
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 2024, the Council recommended and
NMFS proposes that the RKCSS red king crab bycatch limit for 2025 and
2026 be equal to 25 percent of the red king crab PSC limit (table 9).
Based on the most recent (2024) survey data from the NMFS annual
bottom trawl survey, Tanner crab (Chionoecetes bairdi) abundance is
estimated at 1,216 million animals. Pursuant to criteria set out at
Sec. 679.21(e)(1)(ii), the calculated 2025 and 2026 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 1,216 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 1,216 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 (2024) survey
estimate of 13.37 billion animals, the calculated C. opilio crab PSC
limit is 14,998,210 animals. Because 0.1133 percent multiplied by the
total abundance is greater than 13 million animals, the maximum PSC
limit applies and the PSC limit will be 12.85 million animals.
Pursuant to Sec. 679.21(e)(1)(v), the PSC limit of Pacific herring
caught while conducting any trawl operation for BSAI groundfish is 1
percent of the annual eastern Bering Sea herring biomass. Due to the
lack of new information as of October 2024 regarding herring PSC limits
and apportionments, the Council recommended, and NMFS proposes, basing
the proposed 2025 and 2026 herring PSC limits and apportionments on the
2023 survey data. Based on the 2023 survey data, the best current
estimate of 2025 and 2026 herring biomass is 253,511 mt. This amount
was developed by the Alaska Department of Fish and Game based on
biomass for spawning aggregations. Therefore, the herring PSC limit
proposed for 2025 and 2026 is 2,535 mt for all trawl gear as listed in
tables 8 and 9. The Council and NMFS will reconsider the herring PSC
limit for the final harvest specifications when updated survey data and
information on biomass becomes available.
Section 679.21(e)(3)(i)(A)(1) apportions 10.7 percent of each trawl
gear PSC limit specified for crab as a PSQ reserve for use by the
groundfish CDQ Program. Section 679.21(e)(3)(i)(A) requires that crab
PSQ reserves be subtracted from the total trawl PSC limits. The crab
and halibut PSC limits assigned to the Amendment 80 and BSAI trawl
limited access sectors are listed in table 35 to 50 CFR part 679. The
resulting proposed 2025 and 2026 apportionments of crab and halibut PSC
limits to CDQ PSQ, the Amendment 80 sector, and the BSAI trawl limited
access sector are listed in table 8. Pursuant to Sec. Sec.
679.21(b)(1)(i), 679.21(e)(3)(vi), and 679.91(d) through (f), crab and
halibut trawl PSC limits assigned to the Amendment 80 sector are then
further issued to Amendment 80 cooperatives as cooperative quotas. Crab
and halibut PSC cooperative quotas assigned to Amendment 80
cooperatives are not assigned to specific fishery categories.
One Amendment 80 cooperative has formed for the 2025 fishing year.
Because all Amendment 80 vessels are part of the sole cooperative, no
PSC limit assigned to the Amendment 80 limited access sector is
required for 2025. The 2026 PSC limits assigned between Amendment 80
cooperatives and the Amendment 80 limited access sector will not be
known until eligible participants apply for participation in

[[Page 96199]]

the program by the deadline of November 1, 2025. NMFS will post the
2026 Amendment 80 cooperatives and Amendment 80 limited access sector
limits on the Alaska Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska prior to the
start of the fishing year, based on the harvest specifications
effective on that date.
The BSAI 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 assigned to the
A and B seasons (95 percent) and the C season (5 percent), and the A
and B season trawl CV halibut PSC limit is reduced by 25 percent to
determine the overall PCTC Program halibut PSC limit. 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 assigned to
the A and B seasons (95 percent) and the C season (5 percent), and the
A and B season trawl CV crab PSC limit is reduced by 35 percent to
determine the overall PCTC Program crab PSC limit.
Pursuant to Sec. 679.131(c) and (d), the halibut and crab trawl
PSC limits assigned to the PCTC Program are then further issued to PCTC
Program cooperatives as cooperative quotas. The halibut and crab PSC
limits issued to PCTC Program cooperatives are not included in these
proposed harvest specifications. PCTC Program cooperative applications
are not due to NMFS until November 1, 2024; therefore, NMFS cannot
calculate 2025 PSC limits in conjunction with these proposed harvest
specifications (Sec. 679.131(c) and (d)). After receiving the PCTC
Program cooperative applications, NMFS will calculate the 2025 halibut
and crab PSC limits for PCTC Program cooperatives, as set forth in in
Sec. 679.131(c) and (d), and will include the 2025 halibut and crab
PSC limits for PCTC Program cooperatives in the final harvest
specifications. NMFS also will post them on the Alaska Region website
at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports prior to the start of the fishing year,
based on the harvest specifications effective on that date. The 2026
allocations of halibut and crab PSC limits for PCTC Program
cooperatives will not be known until eligible participants apply for
participation in the program by the deadline of November 1, 2025.
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 non-trawl, BSAI trawl limited access, and
Amendment 80 limited access sectors to maximize the ability of the
fleets to harvest the available groundfish TAC and to minimize bycatch.
The factors considered are (1) seasonal distribution of prohibited
species, (2) seasonal distribution of target groundfish species
relative to prohibited species distribution, (3) prohibited species
bycatch needs on a seasonal basis relevant to prohibited species
biomass and expected catches of target groundfish species, (4) expected
variations in bycatch rates throughout the year, (5) expected changes
in directed groundfish fishing seasons, (6) expected start of fishing
effort, and (7) economic effects of establishing seasonal prohibited
species apportionments on segments of the target groundfish industry.
Based on these criteria, the Council recommended, and NMFS proposes,
the seasonal PSC apportionments in tables 10 and 11 to maximize harvest
among gear types, fisheries, and seasons, while minimizing bycatch of
PSC.

Table 8--Proposed 2025 and 2026 Apportionment of Prohibited Species Catch Allowances to Non-Trawl Gear, the CDQ Program, Amendment 80, and the BSAI
Trawl Limited Access Sectors
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trawl PSC BSAI trawl BSAI PSC
PSC species, areas, and zones \1\ Total PSC \4\ Non-trawl PSC CDQ PSQ remaining Amendment 80 limited access limits not
reserve \2\ after CDQ PSQ sector 3 4 sector allocated \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Halibut mortality (mt) BSAI............. 3,166 710 315 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............... 12,850,000 n/a 1,374,950 11,475,050 5,639,987 3,688,081 2,146,982
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 the CDQ Program for crab species is 10.7 percent of each crab PSC limit.
\3\ The Amendment 80 program reduced apportionment of the trawl PSC limits for crab below the total PSC limit. These reductions are not apportioned to
other gear types or sectors.
\4\ Under Amendment 123 and implementing regulations (88 FR 82740, November 24, 2023), the halibut PSC limit for the Amendment 80 sector is determined
annually based on the most recent halibut biomass estimates from the IPHC setline survey index and the NMFS AFSC Eastern Bering Sea shelf trawl survey
index (Sec. 679.21(b)(1)(i)(A)-(C)). Since both survey indices are not yet available, NMFS is unable to calculate the Amendment 80 sector halibut
PSC limit for the proposed 2025 and 2026 harvest specifications and therefore proposes a roll-over from last year's 2024 and 2025 harvest
specifications of 1,396 mt. NMFS will update the final halibut PSC limit for the Amendment 80 sector, as well as the total halibut PSC limit for the
BSAI, in the final 2025 and 2026 harvest specifications.

Table 9--Proposed 2025 and 2026 Herring and Red King Crab Savings
Subarea Prohibited Species Catch Allowances for All Trawl Sectors
------------------------------------------------------------------------
Herring (mt) Red king crab
Fishery categories BSAI (animals) Zone 1
------------------------------------------------------------------------
Yellowfin sole...................... 147 n/a
Rock sole/flathead sole/Alaska 73 n/a
plaice/other flatfish \1\..........
Greenland turbot/arrowtooth flounder/ 7 n/a
Kamchatka flounder/sablefish.......
Rockfish............................ 7 n/a
Pacific cod......................... 13 n/a
Midwater trawl pollock.............. 2,257 n/a
Pollock/Atka mackerel/other species 30 n/a
2 3................................

[[Page 96200]]

2024 Red king crab savings subarea n/a 24,250
non-pelagic trawl gear \4\.........
-----------------------------------
Total trawl PSC................. 2,535 97,000
------------------------------------------------------------------------
\1\ ``Other flatfish'' for PSC monitoring includes all flatfish species,
except for halibut (a prohibited species), Alaska plaice, arrowtooth
flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock
sole, and yellowfin sole.
\2\ Pollock other than midwater trawl pollock, Atka mackerel, and
``other species'' fishery category.
\3\ ``Other species'' for PSC monitoring includes skates, sharks, and
octopuses.
\4\ In October 2024, the Council recommended and NMFS proposes that the
red king crab bycatch limit within the RKCSS be limited to 25 percent
of the red king crab PSC limit (see Sec. 679.21(e)(3)(ii)(B)(2)).
Note: Species apportionments may not total precisely due to rounding.

Table 10-Proposed 2025 Prohibited Species Bycatch Allowances for the BSAI Trawl Limited Access Sectors and
Pacific Cod Trawl Cooperative Program
----------------------------------------------------------------------------------------------------------------
Prohibited species and area \1\
-------------------------------------------------------------------------------
BSAI trawl limited access sector Halibut Red king crab C. opilio C. bairdi (animals)
fisheries mortality (mt) (animals) (animals) -------------------------------
BSAI Zone 1 COBLZ Zone 1 Zone 2
----------------------------------------------------------------------------------------------------------------
Yellowfin sole.................. 265 23,337 3,521,726 346,228 1,185,500
Rock sole/flathead sole/other .............. .............. 0 .............. ..............
flatfish \2\...................
Greenland turbot/arrowtooth .............. .............. 0 .............. ..............
flounder/Kamchatka flounder/
sablefish......................
Rockfish, April 15-December 31.. 5 .............. 2,971 .............. 1,000
Total Pacific cod \3\........... 300 2,955 148,531 60,000 50,000
AFA CP Pacific cod.............. 6 278 13,962 5,640 4,700
PCTC Program Pacific cod, A and 209 1,653 83,097 33,567 27,973
B season.......................
Trawl CV Pacific cod, C season.. 15 134 6,728 2,718 2,265
PCTC Program unallocated 70 890 44,744 18,075 15,062
reduction......................
Pollock/Atka mackerel/other 175 197 14,854 5,000 5,000
species \4\....................
-------------------------------------------------------------------------------
Total BSAI trawl limited 745 26,489 3,688,082 411,228 1,241,500
access sector PSC..........
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas and zones.
\2\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole,
and yellowfin sole.
\3\ With the implementation of the PCTC Program, the BSAI trawl limited access sector Pacific cod PSC limits for
halibut and crab are split between AFA CPs, PCTC A and B-season for trawl CVs, and open access C-season. NMFS
will apply a 25 percent reduction to the A and B season trawl CV sector halibut PSC limit in the annual
harvest specifications after the Council recommends and NMFS approves the BSAI trawl limited access sector's
PSC limit apportionments to fishery categories including the Pacific cod fishery category. In addition, NMFS
will apply a 35 percent reduction to the A and B season trawl CV sector crab PSC limit. Any amount of the PCTC
Program halibut or crab PSC limits 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 are not a fixed amount
established in regulation and, instead, are 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.
Note: Species apportionments may not total precisely due to rounding.

Table 11--Proposed 2025 and 2026 Halibut Prohibited Species Bycatch Allowances for Non-Trawl Fisheries
----------------------------------------------------------------------------------------------------------------
Halibut mortality (mt) BSAI
-----------------------------------------------------------------------------------------------------------------
Non-trawl fisheries Seasons Catcher/processor Catcher vessel All non-trawl
----------------------------------------------------------------------------------------------------------------
Pacific cod....................... Annual Pacific cod.. 648 13 661
January 1-June 10... 388 9 n/a
June 10-August 15... 162 2 n/a
August 15-December 98 2 n/a
31.
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
----------------------------------------------------------------------------------------------------------------

[[Page 96201]]

Halibut Discard Mortality Rates

To monitor halibut bycatch mortality allowances and apportionments,
the Regional Administrator uses observed halibut incidental catch
rates, halibut discard mortality rates (DMRs), and estimates of
groundfish catch to project when a fishery's halibut bycatch mortality
allowance or seasonal apportionment is reached. Halibut incidental
catch rates are based on 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 (see ADDRESSES).
In 2016, the DMR estimation methodology underwent revisions per the
Council's recommendation. A halibut working group (IPHC, Council, and
NMFS staff) developed improved estimation methods that have undergone
review by the Plan Team, SSC, and the Council. A summary of the revised
methodology is included in the BSAI proposed 2017 and 2018 harvest
specifications (81 FR 87863, December 6, 2016), and the comprehensive
discussion of the working group's statistical methodology is available
from the Council (see ADDRESSES). The DMR working group's revised
methodology is intended to improve estimation accuracy, transparency,
and transferability used for calculating DMRs. The working group will
continue to consider improvements to the methodology used to calculate
halibut mortality, including potential changes to the reference period
(the period of data used for calculating the DMRs). The methodology
will continue to ensure that NMFS is using DMRs that more accurately
reflect halibut mortality, which will inform the different sectors of
their estimated halibut mortality and allow specific sectors to respond
with methods that could reduce mortality and, eventually, the DMR for
that sector.
At the October 2024 meeting, the SSC, AP, and Council recommended
halibut DMRs derived from the revised methodology, and NMFS proposes
DMRs calculated under the revised methodology. Comparing the proposed
2025 and 2026 DMRs to the final DMRs from the 2024 and 2025 harvest
specifications, the DMR for pelagic trawl gear remained at 100 percent,
the DMR for motherships and CPs using non-pelagic trawl gear increased
1 percent, the DMR for CVs using non-pelagic trawl gear increased 4
percent, the DMR for CPs using hook-and-line gear increased 2 percent,
the DMR for CVs using hook-and-line gear increased 2 percent, and the
DMR for pot gear decreased 5 percent. Table 12 lists the proposed 2025
and 2026 DMRs.

Table 12--Proposed 2025 and 2026 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 86
catcher/processor.
Non-pelagic trawl................ Catcher vessel..... 67
Hook-and-line.................... Catcher vessel..... 9
Hook-and-line.................... Catcher/processor.. 9
Pot.............................. All................ 21
------------------------------------------------------------------------

Listed AFA CP Sideboard Limits

Pursuant to Sec. 679.64(a), the Regional Administrator is
responsible for restricting the ability of listed AFA CPs to engage in
directed fishing for groundfish species other than pollock to protect
participants in other groundfish fisheries from adverse effects
resulting from the AFA fishery and from fishery cooperatives in the
directed pollock fishery. These restrictions are set as sideboard
limits on catch. On February 8, 2019, NMFS published a final rule (84
FR 2723) that implemented regulations to prohibit non-exempt AFA CPs
from directed fishing for all groundfish species or species groups
subject to sideboard limits (see Sec. 679.20(d)(1)(iv)(D) and table 54
to 50 CFR part 679). NMFS proposes to exempt AFA CPs from a yellowfin
sole sideboard limit pursuant to Sec. 679.64(a)(1)(v) because the
proposed 2025 and 2026 aggregate ITAC of yellowfin sole assigned to the
Amendment 80 sector and BSAI trawl limited access sector is greater
than 125,000 mt.
Section 679.64(a)(2) and tables 40 and 41 to 50 CFR part 679
establish a formula for calculating PSC sideboard limits for halibut
and crab caught by listed AFA CPs. The basis for these sideboard limits
is described in detail in the final rules implementing the major
provisions of the AFA (67 FR 79692, December 30, 2002) and Amendment 80
(72 FR 52668, September 14, 2007). PSC species listed in table 13 that
are caught by listed AFA CPs participating in any groundfish fishery
other than pollock will accrue against the proposed 2025 and 2026 PSC
sideboard limits for the listed AFA CPs. Section 679.21(b)(4)(iii),
(e)(3)(v), and (e)(7) authorize NMFS to close directed fishing for
groundfish other than pollock for listed AFA CPs once a 2025 or 2026
PSC sideboard limit listed in table 13 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).

[[Page 96202]]

Table 13--Proposed 2025 and 2026 BSAI American Fisheries Act Listed Catcher/Processor Prohibited Species
Sideboard Limits
----------------------------------------------------------------------------------------------------------------
Proposed 2025 and
2026 PSC available Proposed 2025 and
PSC species and area \1\ Ratio of PSC to to trawl vessels 2026 CP sideboard
total PSC after subtraction limit \2\
of PSQ \2\
----------------------------------------------------------------------------------------------------------------
Halibut mortality BSAI........................... n/a n/a 286
Red king crab Zone 1............................. 0.007 86,621 606
C. opilio (COBLZ)................................ 0.153 11,475,050 1,755,683
C. bairdi Zone 1................................. 0.140 875,140 122,520
C. bairdi Zone 2................................. 0.050 2,652,210 132,611
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas.
\2\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.

AFA CV Sideboard Limits

The Regional Administrator is responsible for restricting the
ability of listed AFA CVs to engage in directed fishing for groundfish
species other than pollock to protect participants in other groundfish
fisheries from adverse effects resulting from the AFA and from fishery
cooperatives in the pollock directed fishery. These restrictions are
set out as sideboard limits on catch. Section 679.64(b)(3) and (b)(4)
and tables 40 and 41 to 50 CFR part 679 establish formulas for setting
AFA CV groundfish and halibut and crab PSC sideboard limits for the
BSAI. The basis for these sideboard limits is described in detail in
the final rules implementing the major provisions of the AFA (67 FR
79692, December 30, 2002), Amendment 80 (72 FR 52668, September 14,
2007), and amendment 122 (88 FR 53704, August 8, 2023). NMFS proposes
to exempt AFA CVs from a yellowfin sole sideboard limit pursuant to
Sec. 679.64(b)(6) because the proposed 2025 and 2026 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 14 lists the proposed 2025 and 2026 AFA CV
Pacific cod sideboard limits.

Table 14--Proposed 2025 and 2026 BSAI Pacific Cod Sideboard Limits for American Fisheries Act Catcher Vessels
(CVs)
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
Ratio of 1997 2025 and 2026 2025 and 2026 AFA
Fishery by area/gear/season AFA CV catch initial TAC for C catcher vessel
to TAC Season sideboard limits
----------------------------------------------------------------------------------------------------------------
BSAI................................................. n/a n/a n/a
Trawl gear CV........................................ n/a n/a n/a
C Season Jun 10-Nov 1................................ 0.8609 4,124 3,550
----------------------------------------------------------------------------------------------------------------
Note: As proposed, Sec. 679.64(b)(6) would exempt AFA CVs from a yellowfin sole sideboard limit because the
proposed 2025 and 2026 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 15 that are caught by
AFA CVs participating in any groundfish fishery other than pollock will
accrue against the 2025 and 2026 PSC sideboard limits for the AFA CVs.
Section 679.21(b)(4)(iii), (e)(3)(v), and (e)(7) authorize NMFS to
close directed fishing for groundfish other than pollock for AFA CVs
once a 2025 or 2026 PSC sideboard limit listed in table 15 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, according to Sec. 679.21(b)(1)(ii)(B)
and (e)(3)(iv).

Table 15--Proposed 2025 and 2026 American Fisheries Act Catcher Vessel Prohibited Species Catch Sideboard Limits
for the BSAI \1\
----------------------------------------------------------------------------------------------------------------
Proposed 2025
AFA catcher vessel Proposed 2025 and and 2026 AFA
PSC species and area \1\ Target fishery PSC sideboard 2026 PSC limit catcher vessel
category \2\ limit ratio after subtraction PSC sideboard
of PSQ reserves \3\ limit \3\
----------------------------------------------------------------------------------------------------------------
Halibut......................... Pacific cod trawl.. n/a................ n/a................ n/a
Pacific cod hook- n/a................ n/a................ 2
and-line or pot.

[[Page 96203]]

Yellowfin sole n/a................ n/a................ 101
total.
Rock sole/flathead n/a................ n/a................ 228
sole/Alaska plaice/
other flatfish \4\.
Greenland turbot/ n/a................ n/a................ ...............
arrowtooth
flounder/Kamchatka
flounder/sablefish.
Rockfish........... n/a................ n/a................ 2
Pollock/Atka n/a................ n/a................ 5
mackerel/other
species \5\.
Red king crab Zone 1............ n/a................ 0.2990............. 86,621............. 25,900
C. opilio COBLZ................. n/a................ 0.1680............. 11,475,050......... 1,927,808
C. bairdi Zone 1................ n/a................ 0.3300............. 875,140............ 288,796
C. bairdi Zone 2................ n/a................ 0.1860............. 2,652,210.......... 493,311
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas and zones.
\2\ Target fishery categories are defined at Sec. 679.21(b)(1)(ii)(B) and (e)(3)(iv).
\3\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
\4\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole,
and yellowfin sole.
\5\ ``Other species'' for PSC monitoring includes skates, sharks, and octopuses.

Classification

NMFS is issuing this proposed rule pursuant to section 305(d) of
the Magnuson-Stevens Act. Through previous actions, the FMP and
regulations authorize NMFS to take this action (see 50 CFR part 679).
The NMFS Assistant Administrator has preliminarily determined that the
proposed harvest specifications are consistent with the FMP, the
Magnuson-Stevens Act, and other applicable laws, subject to further
review and consideration after public comment.
This action is authorized under 50 CFR 679.20 and is exempt from
review under Executive Order 12866 because it only implements annual
catch limits 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 ROD for the Final EIS. A SIR is
being prepared for the final 2025 and 2026 harvest specifications to
address the need to prepare a Supplemental EIS (40 CFR 1502.9(d)(1)).
Copies of the Final EIS, ROD, and annual SIRs for this action are
available from NMFS (see ADDRESSES). The Final EIS analyzes the
environmental, social, and economic consequences of alternative harvest
strategies on resources in the action area. Based on the analysis in
the Final EIS, NMFS concluded that the preferred alternative
(Alternative 2) provides the best balance among relevant environmental,
social, and economic considerations and allows for continued management
of the groundfish fisheries based on the most recent, best scientific
information.

Initial Regulatory Flexibility Analysis

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

Number and Description of Small Entities Regulated by This Proposed
Rule

The entities directly regulated by the groundfish harvest
specifications include: (a) entities operating vessels with groundfish
Federal fisheries permits (FFPs) catching FMP groundfish in Federal
waters (including those receiving direction allocations of groundfish);
(b) all entities operating vessels, regardless of whether they hold
groundfish FFPs, catching FMP groundfish in the State-waters parallel
fisheries; and (c) all entities operating vessels fishing for halibut
inside 3 nautical miles of the shore (whether or not they have FFPs).
In 2023 (the most

[[Page 96204]]

recent year of complete data), there were 119 individual CVs and CPs
with gross revenues less than or equal to $11 million as well as 6 CDQ
groups. This represents the potential suite of directly regulated small
entities. This includes an estimated 116 small CV and 3 small CP
entities in the BSAI groundfish sector. The determination of entity
size is based on vessel revenues and affiliated group revenues. This
determination also includes an assessment of fisheries cooperative
affiliations, although actual vessel ownership affiliations have not
been completely established. However, the estimate of these 116 CVs may
be an overstatement of the number of small entities, as some of these
vessels may be affiliated with large entities. This latter group of
vessels had average gross revenues that varied by gear type. Average
gross revenues for hook-and-line CVs, pot gear CVs, and trawl gear CVs
are estimated to be $910,000, $1.5 million, and $2.3 million,
respectively. Average gross revenues for CP entities are confidential.
There are 3 AFA cooperative affiliated motherships, which appear to
fall under the 750 worker threshold and are therefore small entities.
The average gross revenues for the AFA motherships are confidential.

Description of Significant Alternatives That Minimize Adverse Impacts
on Small Entities

The action under consideration is comprised of the proposed 2025
and 2026 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 2025
and 2026 fishing years and is taken in accordance with the FMP prepared
and recommended by the Council pursuant to the Magnuson-Stevens Act.
The establishment of the proposed harvest specifications is governed
each year by the harvest strategy for the catch of groundfish in the
BSAI. This strategy was selected from among five alternatives, with the
preferred alternative harvest strategy being one in which the TACs are
set to levels that fall within the range of ABCs recommended by the SSC
through the harvest specifications process, and the sum of the TACs
must achieve the OY specified in the FMP and in regulation. While the
specific numbers that the harvest strategy produces may vary from year
to year, the methodology used for the preferred harvest strategy
remains constant.
The TACs associated with the preferred harvest strategy are those
recommended by the Council in October 2024. OFLs and ABCs for the
species were based on recommendations prepared by the Council's Plan
Team in September 2024 and reviewed by the Council's SSC in October
2024. The Council based its TAC recommendations on those of its AP,
which were consistent with the SSC's OFL and ABC recommendations. The
sum of all TACs remains within the OY for the BSAI consistent with
Sec. 679.20(a)(1)(i)(A). Because setting all TACs equal to ABCs would
cause the sum of TACs to exceed an OY of 2 million mt, TACs for some
species or species groups are lower than the ABCs recommended by the
Plan Team and the SSC.
The proposed 2025 and 2026 OFLs and ABCs are based on the best
available biological information, including projected biomass trends,
information on assumed distribution of stock biomass, and revised
technical methods to calculate stock biomass. The proposed 2025 and
2026 TACs are based on the best available biological and socioeconomic
information. The proposed 2025 and 2026 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.
Under this action, the proposed ABCs reflect harvest amounts that
are less than the specified overfishing levels. The proposed TACs are
within the range of proposed ABCs recommended by the SSC and do not
exceed the biological limits recommended by the SSC (the ABCs and
OFLs). For some species and species groups in the BSAI, the Council
recommended, and NMFS proposes, proposed TACs equal to proposed ABCs,
which is intended to maximize harvest opportunities in the BSAI.
However, NMFS cannot set TACs for all species in the BSAI equal to
their ABCs due to the constraining OY limit of 2 million mt. For this
reason, some proposed TACs are less than the proposed ABCs. The
specific reductions were reviewed and recommended by the Council's AP,
and the Council in turn adopted the AP's TAC recommendations in making
its own recommendations for the proposed 2025 and 2026 TACs.
Based upon the best scientific data available, and in consideration
of the objectives of this action, it appears that there are no
significant alternatives to the proposed rule that have the potential
to accomplish the stated objectives of the Magnuson-Stevens Act and any
other applicable statutes and that have the potential to minimize any
significant adverse economic impact of the proposed rule on small
entities. This action is economically beneficial to entities operating
in the BSAI, including small entities. The action proposes TACs for
commercially-valuable species in the BSAI and allows for the continued
prosecution of the fishery, thereby creating the opportunity for
fishery revenue. After public process during which the Council
solicited input from stakeholders, the Council recommended the proposed
harvest specifications, which NMFS determines would best accomplish the
stated objectives articulated in the preamble for this proposed rule,
and in applicable statutes, and would minimize to the extent
practicable adverse economic impacts on the universe of directly
regulated small entities.
This action does not modify recordkeeping or reporting
requirements, or duplicate, overlap, or conflict with any Federal
rules.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
Adverse impacts on marine mammals or endangered or threatened
species resulting from fishing activities conducted under these harvest
specifications are discussed in the Final EIS and its accompanying
annual SIRs (see ADDRESSES).

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

Dated: November 29, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2024-28414 Filed 12-3-24; 8:45 am]
BILLING CODE 3510-22-P

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