Rule2022-04292
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; Final 2022 and 2023 Harvest Specifications for Groundfish
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Published
March 2, 2022
Effective
March 2, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces final 2022 and 2023 harvest specifications, apportionments, and prohibited species catch allowances for the groundfish fishery of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to establish harvest limits for groundfish during the remainder of the 2022 and the start of the 2023 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 2022 harvest specifications supersede those previously set in the final 2021 and 2022 harvest specifications, and the 2023 harvest specifications will be superseded in early 2023 when the final 2023 and 2024 harvest specifications are published.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).
Full Text
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<title>Federal Register, Volume 87 Issue 41 (Wednesday, March 2, 2022)</title>
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[Federal Register Volume 87, Number 41 (Wednesday, March 2, 2022)]
[Rules and Regulations]
[Pages 11626-11649]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04292]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 220223-0054]
RIN 0648-XY119
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands; Final 2022 and 2023 Harvest Specifications for
Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; harvest specifications and closures.
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SUMMARY: NMFS announces final 2022 and 2023 harvest specifications,
apportionments, and prohibited species catch allowances for the
groundfish fishery of the Bering Sea and Aleutian Islands management
area (BSAI). This action is necessary to establish harvest limits for
groundfish during the remainder of the 2022 and the start of the 2023
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 2022 harvest specifications supersede those
previously set in the final 2021 and 2022 harvest specifications, and
the 2023 harvest specifications will be superseded in early 2023 when
the final 2023 and 2024 harvest specifications are published. The
intended effect of this action is to conserve and manage the groundfish
resources in the BSAI in accordance with the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act).
DATES: Harvest specifications and closures are effective from 1200
hours, Alaska local time (A.l.t.), March 2, 2022, through 2400 hours,
A.l.t., December 31, 2023.
ADDRESSES: Electronic copies of the Alaska Groundfish Harvest
Specifications Final Environmental Impact Statement (EIS), Record of
Decision (ROD), and the annual Supplementary Information Reports (SIRs)
to the Final EIS prepared for this action are available from <a href="https://www.fisheries.noaa.gov/region/alaska">https://www.fisheries.noaa.gov/region/alaska</a>. The 2021 Stock Assessment and
Fishery Evaluation (SAFE) report for the groundfish resources of the
BSAI, dated November 2021, as well as the SAFE reports for previous
years, are available from the North Pacific Fishery Management Council
(Council) at 1007 West Third Ave., Suite 400, Anchorage, AK 99501,
phone 907-271-2809, or from the Council's website at <a href="https://www.npfmc.org/">https://www.npfmc.org/</a>.
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 NMFS, after
consultation with the Council, to specify annually the total allowable
catch (TAC) for each target species category. The sum of all TAC for
all groundfish species in the BSAI must be within the optimum yield
(OY) range of 1.4 million to 2.0 million metric tons (mt) (see Sec.
679.20(a)(1)(i)(A)). This final rule specifies the sum of the TAC at
1,871,000 mt for 2022 and 2.0 million mt for 2023. NMFS also must
specify apportionments of TAC; prohibited species catch (PSC)
allowances and 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 any Amendment 80
cooperatives for flathead sole, rock sole, and yellowfin sole. The
final harvest specifications set forth in Tables 1 through 22 of this
action satisfy these requirements.
Section 679.20(c)(3)(i) further requires that NMFS consider public
comment on the proposed harvest specifications and, after consultation
with the Council, publish final harvest specifications in
[[Page 11627]]
the Federal Register. The proposed 2022 and 2023 harvest specifications
for the groundfish fishery of the BSAI were published in the Federal
Register on December 3, 2021 (86 FR 68608). Comments were invited and
accepted through January 3, 2022. As discussed in the Response to
Comments section below, NMFS received no comments during the public
comment period for the proposed BSAI groundfish harvest specifications.
NMFS consulted with the Council on the final 2022 and 2023 harvest
specifications during the December 2021 Council meeting. After
considering public comments during public meetings, as well as
biological and socioeconomic data that were available at the Council's
December meeting, NMFS implements in this final rule the final 2022 and
2023 harvest specifications as recommended by the Council.
ABC and TAC Harvest Specifications
The final ABC amounts for Alaska groundfish are based on the best
available biological information, including projected biomass trends,
information on assumed distribution of stock biomass, and revised
technical methods used to calculate stock biomass. In general, the
development of ABCs and overfishing levels (OFLs) involves
sophisticated statistical analyses of fish populations. The FMP
specifies a series of six tiers to define OFL and ABC amounts based on
the level of reliable information available to fishery scientists. Tier
1 represents the highest level of information quality available, while
Tier 6 represents the lowest.
In December 2021, the Council, its Scientific and Statistical
Committee (SSC), and its Advisory Panel (AP) reviewed current
biological and harvest information about the condition of the BSAI
groundfish stocks. The Council's BSAI Groundfish Plan Team (Plan Team)
compiled and presented this information in the 2021 SAFE report for the
BSAI groundfish fisheries, dated November 2021 (see ADDRESSES). The
SAFE report contains a review of the latest scientific analyses and
estimates of each species' biomass and other biological parameters, as
well as summaries of the available information on the BSAI ecosystem
and the economic condition of groundfish fisheries off Alaska. NMFS
notified the public of the comment period for these harvest
specifications--and of the publication of the 2021 SAFE report--in the
notice of proposed harvest specifications. From the data and analyses
in the SAFE report, the Plan Team recommended an OFL and ABC for each
species or species group at the November 2021 Plan Team meeting.
In December 2021, the SSC, AP, and Council reviewed the Plan Team's
recommendations. The final TAC recommendations were based on the ABCs,
and were adjusted for other biological and socioeconomic
considerations, including maintaining the sum of all the TACs within
the required OY range of 1.4 million to 2.0 million mt. As required by
annual catch limit rules for all fisheries (74 FR 3178, January 16,
2009), none of the Council's recommended 2022 or 2023 TACs exceed the
final 2022 or 2023 ABCs for any species or species group. NMFS finds
that the Council's recommended OFLs, ABCs, and TACs are consistent with
the preferred harvest strategy outlined in the FMP and the biological
condition of groundfish stocks as described in the 2021 SAFE report
that was approved by the Council. Therefore, this final rule provides
notice that the Secretary of Commerce approves the final 2022 and 2023
harvest specifications as recommended by the Council.
The 2022 harvest specifications set in this final action supersede
the 2022 harvest specifications previously set in the final 2021 and
2022 harvest specifications (86 FR 11449, February 25, 2021). The 2023
harvest specifications herein will be superseded in early 2023 when the
final 2023 and 2024 harvest specifications are published. Pursuant to
this final action, the 2022 harvest specifications therefore will apply
for the remainder of the current year (2022), while the 2023 harvest
specifications are projected only for the following year (2023) and
will be superseded in early 2023 by the final 2023 and 2024 harvest
specifications. Because this final action (published in early 2022)
will be superseded in early 2023 by the publication of the final 2023
and 2024 harvest specifications, it is projected that this final action
will implement the harvest specifications for the BSAI for
approximately one year.
Other Actions Affecting the 2022 and 2023 Harvest Specifications
State of Alaska Guideline Harvest Levels
For 2022 and 2023, the Board of Fisheries (BOF) for the State of
Alaska (State) established the guideline harvest level (GHL) for
vessels using pot gear in State waters in the Bering Sea subarea (BS)
equal to 11 percent of the Pacific cod ABC in the BS. The State's pot
gear BS GHL will increase one percent annually up to 15 percent of the
BS ABC, if 90 percent of the GHL is harvested by November 15 of the
preceding year. If 90 percent of the 2022 BS GHL is not harvested by
November 15, 2022, then the 2023 BS GHL will remain at the same
percentage as the 2022 BS GHL (11 percent). If 90 percent of the 2022
BS GHL is harvested by November 15, 2022, then the 2023 BS GHL will
increase by one percent and the 2023 BS TAC will be set to account for
the increased BS GHL. Also, for 2021 and 2022, 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 water
Pacific cod removals from the BS not exceed the ABC recommendations for
Pacific cod in the BS. Accordingly, the Council recommended, and NMFS
approves, that the 2022 and 2023 Pacific cod TACs in the BS account for
the State's GHLs for Pacific cod caught in State waters in the BS.
For 2022 and 2023, the BOF for the State established the GHL in
State waters in the Aleutian Islands subarea (AI) equal to 39 percent
of the AI ABC. The AI GHL will increase annually by 4 percent of the AI
ABC, if 90 percent of the GHL is harvested by November 15 of the
preceding year, but may not exceed 39 percent of the AI ABC or 15
million pounds (6,804 mt). For 2022, 39 percent of the AI ABC is 8,034
mt, which exceeds the AI GHL limit of 6,804 mt. The Council and its
Plan Team, SSC, and AP recommended that the sum of all State and
Federal water Pacific cod removals from the AI not exceed the ABC
recommendations for Pacific cod in the AI. Accordingly, the Council
recommended, and NMFS approves, that the 2022 and 2023 Pacific cod TACs
in the AI account for the State's GHL of 6,804 mt for Pacific cod
caught in State waters in the AI.
Abundance Based Management (ABM) of Amendment 80 Program Halibut PSC
Limit
At the December 2021 meeting, the Council recommended that the ABM
Program that would determine the annual Amendment 80 halibut PSC limit
be based on the most recent survey values and the PSC limit value
associated with those survey values. Under this ABM Program, the
Amendment 80 halibut PSC limit would increase and decrease according to
the survey indices of abundance, and would be responsive to changing
halibut stock conditions that affect all halibut users, while never
exceeding the current Amendment 80 PSC limit. If approved by the
Secretary of Commerce, the
[[Page 11628]]
rulemaking implementing this action would occur in either 2023 (mid-
year) or the beginning of the 2024 fishing year and supersede the
current Amendment 80 halibut PSC limits.
Changes From the Proposed 2022 and 2023 Harvest Specifications for the
BSAI
The Council's recommendations for the proposed 2022 and 2023
harvest specifications (86 FR 68608, December 3, 2021) were based
largely on information contained in the 2020 SAFE report for the BSAI
groundfish fisheries. Through the proposed harvest specifications, NMFS
notified the public that these harvest specifications could change, as
the Council would consider information contained in the 2021 SAFE
report; recommendations from the Plan Team, SSC, and AP; and public
comments when making its recommendations for final harvest
specifications at the December 2021 Council meeting. NMFS further
notified the public that, as required by the FMP and its implementing
regulations, the sum of the TACs must be within the OY range of 1.4
million and 2.0 million mt.
Information contained in the 2021 SAFE report indicates biomass
changes from the 2020 SAFE report for several groundfish species. The
2021 SAFE report was made available for public review during the public
comment period for the proposed harvest specifications. At the December
2021 Council meeting, the SSC recommended the 2022 and 2023 OFLs and
ABCs based on the best and most recent information contained in the
2021 SAFE report. The SSC's recommendation resulted in an ABC sum total
for all BSAI groundfish species in excess of 2.0 million mt for both
2022 and 2023.
Based on lower spawning biomass estimates, the Council recommends
final BS pollock TACs decrease by 289,000 mt in 2022 and 111,000 mt in
2023 compared to the proposed 2022 and 2023 BS pollock TACs. The large
reduction in pollock TAC leads to more available TAC for other
fisheries while still maintaining an overall total TAC within the
required OY range of 1.4 to 2.0 million mt. This leads to an increase
to almost all non-pollock TACs in 2022 and 2023, except for TACs for
those species restricted by biomass limitations. Specifically, there
were no other decreases in non-pollock TACs in 2022. In 2023, there
were small decreases in terms of tonnage and percentage decrease from
proposed TACs for Bering Sea (BS) Greenland turbot, Aleutian Islands
(AI) Greenland turbot, BS Pacific ocean perch, Central Aleutian Islands
(CAI) Pacific ocean perch, and Eastern Aleutian Islands (EAI) Pacific
ocean perch.
The changes to TACs between the proposed and final harvest
specifications are based on the most recent scientific and
socioeconomic information and are consistent with the FMP, regulatory
obligations, and harvest strategy as described in the proposed and
final harvest specifications, including the required OY range of 1.4
million to 2.0 million mt. These changes are compared in Table 1A.
Table 1 lists the Council's recommended final 2022 OFL, ABC, TAC,
initial TAC (ITAC), CDQ reserve allocations, and non-specified reserves
of the BSAI groundfish species or species groups; and Table 2 lists the
Council's recommended final 2023 OFL, ABC, TAC, ITAC, CDQ reserve
allocations, and non-specified reserves of the BSAI groundfish species
or species groups. NMFS concurs in these recommendations. These final
2022 and 2023 TAC amounts for the BSAI are within the OY range
established for the BSAI and do not exceed the ABC for any species or
species group. The apportionment of TAC amounts among fisheries and
seasons is discussed below.
Table 1--Final 2022 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]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2022
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Species Area Nonspecified
OFL ABC TAC ITAC \2\ CDQ \3\ reserves
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Pollock \4\..................... BS.................... 1,469,000 1,111,000 1,111,000 999,900 111,100 ..............
AI.................... 61,264 50,752 19,000 17,100 1,900 ..............
Bogoslof.............. 113,479 85,109 250 250 .............. ..............
Pacific cod \5\................. BS.................... 183,012 153,383 136,466 121,864 14,602 ..............
AI.................... 27,400 20,600 13,796 12,320 1,476 ..............
Sablefish \6\................... Alaska-wide........... 40,432 34,521 n/a n/a n/a ..............
BS.................... n/a 5,264 5,264 4,343 724 197
AI.................... n/a 6,463 6,463 5,251 1,091 121
Yellowfin sole.................. BSAI.................. 377,071 354,014 250,000 223,250 26,750 ..............
Greenland turbot................ BSAI.................. 7,687 6,572 6,572 5,586 n/a ..............
BS.................... n/a 5,540 5,540 4,709 593 238
AI.................... n/a 1,032 1,032 877 .............. 155
Arrowtooth flounder............. BSAI.................. 94,445 80,389 20,000 17,000 2,140 860
Kamchatka flounder.............. BSAI.................. 10,903 9,214 9,214 7,832 .............. 1,382
Rock sole \7\................... BSAI.................. 214,084 206,896 66,000 58,938 7,062 ..............
Flathead sole \8\............... BSAI.................. 77,967 64,288 35,500 31,702 3,799 ..............
Alaska plaice................... BSAI.................. 39,305 32,697 29,221 24,838 .............. 4,383
Other flatfish \9\.............. BSAI.................. 22,919 17,189 10,000 8,500 .............. 1,500
Pacific ocean perch............. BSAI.................. 42,605 35,688 35,385 31,154 n/a ..............
BS.................... n/a 10,352 10,352 8,799 .............. 1,553
EAI................... n/a 8,083 8,083 7,218 865 ..............
CAI................... n/a 5,950 5,950 5,313 637 ..............
WAI................... n/a 11,303 11,000 9,823 1,177 ..............
Northern rockfish............... BSAI.................. 23,420 19,217 17,000 14,450 .............. 2,550
Blackspotted/Rougheye rockfish BSAI.................. 598 503 503 428 .............. 75
\10\.
BS/EAI................ n/a 326 326 277 .............. 49
CAI/WAI............... n/a 177 177 150 .............. 27
[[Page 11629]]
Shortraker rockfish............. BSAI.................. 722 541 541 460 .............. 81
Other rockfish \11\............. BSAI.................. 1,751 1,313 1,144 972 .............. 172
BS.................... n/a 919 750 638 .............. 113
AI.................... n/a 394 394 335 .............. 59
Atka mackerel................... BSAI.................. 91,870 78,510 66,481 59,368 7,113 ..............
BS/EAI................ n/a 27,260 27,260 24,343 2,917 ..............
CAI................... n/a 16,880 16,880 15,074 1,806 ..............
WAI................... n/a 34,370 22,341 19,951 2,390 ..............
Skates.......................... BSAI.................. 47,790 39,958 30,000 25,500 .............. 4,500
Sharks.......................... BSAI.................. 689 517 500 425 .............. 75
Octopuses....................... BSAI.................. 4,769 3,576 700 595 .............. 105
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Total....................... ...................... 2,953,182 2,383,653 1,871,000 1,672,024 181,028 17,948
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\1\ These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these
harvest specifications, the Bering Sea subarea (BS) includes the Bogoslof District.
\2\ Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and Amendment 80 species (Atka mackerel, yellowfin
sole, rock sole, flathead sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 15 percent of each TAC is put into a non-specified reserve.
The ITAC for these species is the remainder of the TAC after the subtraction of these reserves. For pollock and Amendment 80 species, ITAC is the non-
CDQ allocation of TAC (see footnotes 3 and 4).
\3\ For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 10.7
percent of the TAC is reserved for use by CDQ participants (see Sec. Sec. 679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish TAC
allocated to hook-and-line gear or pot gear, 7.5 percent of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for Bering Sea
Greenland turbot and arrowtooth flounder are reserved for use by CDQ participants (see Sec. 679.20(b)(1)(ii)(B) and (D)). Aleutian Islands Greenland
turbot, ``other flatfish,'' Alaska plaice, Bering Sea Pacific ocean perch, Kamchatka flounder, northern rockfish, shortraker rockfish, blackspotted/
rougheye rockfish, ``other rockfish,'' skates, sharks, and octopuses are not allocated to the CDQ program.
\4\ Under Sec. 679.20(a)(5)(i)(A), the annual BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second
for the incidental catch allowance (4.95 percent), is further allocated by sector for a pollock directed fishery as follows: Inshore--50 percent;
catcher/processor--40 percent; and motherships--10 percent. 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 (2,500 mt), is allocated to the Aleut Corporation
for a pollock directed fishery.
\5\ The BS Pacific cod TAC is set to account for the 11 percent, plus 45 mt, of the BS ABC for the State of Alaska's (State) guideline harvest level in
State waters of the BS. The AI Pacific cod TAC is set to account for 39 percent of the AI ABC for the State guideline harvest level in State waters of
the AI, except 39 percent of the AI ABC exceeds the State guideline harvest level of 15 million pounds (6,804 mt), in which case the TAC is set to
account for the State guideline harvest level of 6,804 mt.
\6\ The sablefish OFL and ABC are Alaska-wide and include the Gulf of Alaska.
\7\ ``Rock sole'' includes Lepidopsetta polyxystra (Northern rock sole) and Lepidopsetta bilineata (Southern rock sole).
\8\ ``Flathead sole'' includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
\9\ ``Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole,
Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
\10\ ``Blackspotted/Rougheye rockfish'' includes Sebastes melanostictus (blackspotted) and Sebastes aleutianus (rougheye).
\11\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean perch, northern rockfish, blackspotted/
rougheye rockfish, and shortraker rockfish.
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).
Table 1A--Comparison of Final 2022 and 2023 With Proposed 2022 and 2023 Total Allowable Catch in the BSAI
[Amounts are in metric tons]
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2022 2023
2022 final 2022 2022 percentage 2023 final 2023 2023 percentage
Species Area \1\ TAC proposed difference difference TAC proposed difference difference
TAC from proposed from proposed TAC from proposed from proposed
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Pollock........................................ BS............................. 1,111,000 1,400,000 (289,000) (20.6) 1,289,000 1,400,000 (111,000) (7.9)
AI............................. 19,000 19,000 .............. .............. 19,000 19,000 .............. ..............
Bogoslof....................... 250 100 150 150.0 250 100 150 150.0
Pacific cod.................................... BS............................. 136,466 95,053 41,413 43.6 133,459 95,053 38,406 40.4
AI............................. 13,796 13,796 .............. .............. 13,796 13,796 .............. ..............
Sablefish...................................... BS............................. 5,264 4,863 401 8.2 6,529 4,863 1,666 34.3
AI............................. 6,463 5,061 1,402 27.7 7,786 5,061 2,725 53.8
Yellowfin sole................................. BSAI........................... 250,000 200,000 50,000 25.0 230,000 200,000 30,000 15.0
Greenland turbot............................... BS............................. 5,540 5,125 415 8.1 4,825 5,125 (300) (5.9)
AI............................. 1,032 900 132 14.7 899 900 (1) (0.1)
Arrowtooth flounder............................ BSAI........................... 20,000 15,000 5,000 33.3 20,000 15,000 5,000 33.3
Kamchatka flounder............................. BSAI........................... 9,214 8,982 232 2.6 9,393 8,982 411 4.6
Rock sole...................................... BSAI........................... 66,000 54,500 11,500 21.1 55,000 54,500 500 0.9
Flathead sole.................................. BSAI........................... 35,500 25,000 10,500 42.0 25,500 25,000 500 2.0
Alaska plaice.................................. BSAI........................... 29,221 22,500 6,721 29.9 29,082 22,500 6,582 29.3
Other flatfish................................. BSAI........................... 10,000 6,500 3,500 53.8 10,000 6,500 3,500 53.8
[[Page 11630]]
Pacific ocean perch............................ BS............................. 10,352 10,298 54 0.5 9,956 10,298 (342) (3.3)
EAI............................ 8,083 8,041 42 0.5 7,774 8,041 (267) (3.3)
CAI............................ 5,950 5,919 31 0.5 5,722 5,919 (197) (3.3)
WAI............................ 11,000 10,500 500 4.8 10,500 10,500 .............. ..............
Northern rockfish.............................. BSAI........................... 17,000 13,000 4,000 30.8 17,000 13,000 4,000 30.8
Blackspotted and Rougheye rockfish............. BS/EAI......................... 326 150 176 117.3 334 150 184 122.7
CAI/WAI........................ 177 176 1 0.6 183 176 7 4.0
Shortraker rockfish............................ BSAI........................... 541 225 316 140.4 541 225 316 140.4
Other rockfish................................. BS............................. 750 300 450 150.0 919 300 619 206.3
AI............................. 394 394 .............. .............. 394 394 .............. ..............
Atka mackerel.................................. EAI/BS......................... 27,260 23,880 3,380 14.2 25,000 23,880 1,120 4.7
CAI............................ 16,880 14,330 2,550 17.8 15,470 14,330 1,140 8.0
WAI............................ 22,341 19,507 2,834 14.5 20,488 19,507 981 5.0
Skates......................................... BSAI........................... 30,000 16,000 14,000 87.5 30,000 16,000 14,000 87.5
Sharks......................................... BSAI........................... 500 200 300 150.0 500 200 300 150.0
Octopuses...................................... BSAI........................... 700 700 .............. .............. 700 700 700 ..............
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Total...................................... BSAI........................... 1,871,000 2,000,000 (129,000) (6.5) 2,000,000 2,000,000 .............. ..............
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\1\ Bering Sea subarea (BS), Aleutian Islands subarea (AI), Bering Sea and Aleutian Islands management area (BSAI), Eastern Aleutian District (EAI), Central Aleutian District (CAI), and
Western Aleutian District (WAI).
Table 2--Final 2023 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]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023
-----------------------------------------------------------------------------------------------
Species Area Nonspecified
OFL ABC TAC ITAC \2\ CDQ \3\ reserves
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock \4\..................... BS.................... 1,704,000 1,289,000 1,289,000 1,160,100 128,900 ..............
AI.................... 61,379 50,825 19,000 17,100 1,900 ..............
Bogoslof.............. 113,479 85,109 250 250 .............. ..............
Pacific cod \5\................. BS.................... 180,909 151,709 133,459 119,179 14,280 ..............
AI.................... 27,400 20,600 13,796 12,320 1,476 ..............
Sablefish \6\................... Alaska-wide........... 42,520 36,318 n/a n/a n/a ..............
BS.................... n/a 6,529 6,529 2,775 245 245
AI.................... n/a 7,786 7,786 1,655 146 146
Yellowfin sole.................. BSAI.................. 382,035 358,675 230,000 205,390 24,610 ..............
Greenland turbot................ BSAI.................. 6,698 5,724 5,724 4,865 n/a ..............
BS.................... n/a 4,825 4,825 4,101 516 207
AI.................... n/a 899 899 764 .............. 135
Arrowtooth flounder............. BSAI.................. 97,944 83,389 20,000 17,000 2,140 860
Kamchatka flounder.............. BSAI.................. 11,115 9,393 9,393 7,984 .............. 1,409
Rock sole \7\................... BSAI.................. 280,621 271,199 55,000 49,115 5,885 ..............
Flathead sole \8\............... BSAI.................. 80,034 65,988 25,500 22,772 2,729 ..............
Alaska plaice................... BSAI.................. 39,685 32,998 29,082 24,720 .............. 4,362
Other flatfish \9\.............. BSAI.................. 22,919 17,189 10,000 8,500 .............. 1,500
Pacific ocean perch............. BSAI.................. 40,977 34,322 33,952 29,891 n/a ..............
BS.................... n/a 9,956 9,956 8,463 .............. 1,493
EAI................... n/a 7,774 7,774 6,942 832 ..............
CAI................... n/a 5,722 5,722 5,110 612 ..............
WAI................... n/a 10,870 10,500 9,377 1,124 ..............
Northern rockfish............... BSAI.................. 22,594 18,538 17,000 14,450 .............. 2,550
Blackspotted/Rougheye rockfish BSAI.................. 615 517 517 439 .............. 78
\10\.
BS/EAI................ n/a 334 334 284 .............. 50
CAI/WAI............... n/a 183 183 156 .............. 27
Shortraker rockfish............. BSAI.................. 722 541 541 460 .............. 81
Other rockfish \11\............. BSAI.................. 1,751 1,313 1,313 1,116 .............. 197
BS.................... n/a 919 919 781 .............. 138
AI.................... n/a 394 394 335 .............. 59
Atka mackerel................... BSAI.................. 84,440 71,990 60,958 54,435 6,523 ..............
EAI/BS................ n/a 25,000 25,000 22,325 2,675 ..............
CAI................... n/a 15,470 15,470 13,815 1,655 ..............
WAI................... n/a 31,520 20,488 18,296 2,192 ..............
Skates.......................... BSAI.................. 46,475 38,824 30,000 25,500 .............. 4,500
Sharks.......................... BSAI.................. 689 517 500 425 .............. 75
[[Page 11631]]
Octopuses....................... BSAI.................. 4,769 3,576 700 595 .............. 105
-----------------------------------------------------------------------------------------------
Total....................... ...................... 3,253,770 2,626,251 2,000,000 1,781,036 191,917 17,943
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these
harvest specifications, the Bering Sea subarea (BS) includes the Bogoslof District.
\2\ Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and Amendment 80 species (Atka mackerel, flathead
sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 15 percent of each TAC is put into a non-specified reserve.
The ITAC for these species is the remainder of the TAC after the subtraction of these reserves. For pollock and Amendment 80 species, ITAC is the non-
CDQ allocation of TAC (see footnotes 3 and 4).
\3\ For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 10.7
percent of the TAC is reserved for use by CDQ participants (see Sec. Sec. 679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish TAC
allocated to hook-and-line gear or pot gear, 7.5 percent of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for Bering Sea
Greenland turbot and arrowtooth flounder are reserved for use by CDQ participants (see Sec. 679.20(b)(1)(ii)(B) and (D)). The 2023 hook-and-line or
pot gear portion of the sablefish ITAC and CDQ reserve will not be specified until the final 2023 and 2024 harvest specifications. Aleutian Islands
Greenland turbot, ``other flatfish,'' Alaska plaice, Bering Sea Pacific ocean perch, Kamchatka flounder, northern rockfish, shortraker rockfish,
blackspotted/rougheye rockfish, ``other rockfish,'' skates, sharks, and octopuses are not allocated to the CDQ program.
\4\ Under Sec. 679.20(a)(5)(i)(A), the annual BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second
for the incidental catch allowance (4.27 percent), is further allocated by sector for a pollock directed fishery as follows: Inshore--50 percent;
catcher/processor--40 percent; and motherships--10 percent. 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 (2,500 mt), is allocated to the Aleut Corporation
for a pollock directed fishery.
\5\ Assuming an increase in the 2023 guideline harvest level based on the actual 2022 harvest, the 2023 BS Pacific cod TAC is set to account for the 12
percent, plus 45 mt, of the BS ABC for the State of Alaska's (State) guideline harvest level in State waters of the BS. The 2023 AI Pacific cod TAC is
set to account for 39 percent of the AI ABC for the State guideline harvest level in State waters of the AI, except 39 percent of the AI ABC exceeds
the State guideline harvest level of 15 million pounds (6,804 mt), in which case the TAC is set to account for the State guideline harvest level of
6,804 mt.
\6\ The sablefish OFL and ABC are Alaska-wide and include the Gulf of Alaska.
\7\ ``Rock sole'' includes Lepidopsetta polyxystra (Northern rock sole) and Lepidopsetta bilineata (Southern rock sole).
\8\ ``Flathead sole'' includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
\9\ ``Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole,
Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
\10\ ``Blackspotted/Rougheye rockfish'' includes Sebastes melanostictus (blackspotted) and Sebastes aleutianus (rougheye).
\11\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean perch, northern rockfish, blackspotted/
rougheye rockfish, and shortraker rockfish.
Note: Regulatory areas and districts are defined at Sec. 679.2 (BSAI = Bering Sea and Aleutian Islands management area, BS = Bering Sea subarea, AI =
Aleutian Islands subarea, EAI = Eastern Aleutian district, CAI = Central Aleutian district, WAI = Western Aleutian district).
Groundfish Reserves and the Incidental Catch Allowance (ICA) for
Pollock, Atka Mackerel, Flathead Sole, Rock Sole, Yellowfin Sole, and
AI Pacific Ocean Perch
Section 679.20(b)(1)(i) requires that NMFS reserve 15 percent of
the TAC for each target species (except for pollock, hook-and-line and
pot gear allocation of sablefish, and Amendment 80 species) in a non-
specified reserve. Section 679.20(b)(1)(ii)(B) requires that NMFS
allocate 20 percent of the hook-and-line or pot gear allocation of
sablefish to the fixed-gear sablefish CDQ reserve for each subarea.
Section 679.20(b)(1)(ii)(D) requires that NMFS allocate 7.5 percent of
the trawl gear allocations of sablefish in the BS and AI and 10.7
percent of the BS Greenland turbot and arrowtooth flounder TACs to the
respective CDQ reserves. Section 679.20(b)(1)(ii)(C) requires that NMFS
allocate 10.7 percent of the TACs for Atka mackerel, AI Pacific ocean
perch, yellowfin sole, rock sole, flathead sole, and Pacific cod to the
respective CDQ reserves. Sections 679.20(a)(5)(i)(A) and 679.31(a) also
require that 10 percent of the BS pollock TAC be allocated to the
pollock CDQ directed fishing allowance (DFA). Sections
679.20(a)(5)(iii)(B)(2)(i) and 679.31(a) require that 10 percent of the
AI pollock TAC be allocated to the pollock CDQ DFA. The entire Bogoslof
District pollock TAC is allocated as an ICA pursuant to Sec.
679.20(a)(5)(ii) because the Bogoslof District is closed to directed
fishing for pollock by regulation (Sec. 679.22(a)(7)(B)). With the
exception of the hook-and-line or pot gear sablefish CDQ reserve, the
regulations do not further apportion the CDQ allocations by gear.
Pursuant to Sec. 679.20(a)(5)(i)(A)(1), NMFS allocates a pollock
ICA of 49,500 mt of the BS pollock TAC after subtracting the 10 percent
CDQ DFA. This allowance is based on NMFS's examination of the pollock
incidental catch, including the incidental catch by CDQ vessels, in
target fisheries other than pollock from 2000 through 2021. During this
22-year period, the pollock incidental catch ranged from a low of 2.2
percent in 2006 to a high of 4.6 percent in 2014, with a 22-year
average of 3 percent. Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) and
(ii), NMFS establishes a pollock ICA of 2,500 mt of the AI pollock TAC
after subtracting the 10 percent CDQ DFA. This allowance is based on
NMFS's examination of the pollock incidental catch, including the
incidental catch by CDQ vessels, in target fisheries other than pollock
from 2003 through 2021. During this 19-year period, the incidental
catch of pollock ranged from a low of 5 percent in 2006 to a high of 17
percent in 2014, with a 19-year average of 9 percent.
After subtracting the 10.7 percent CDQ reserve and pursuant to
Sec. 679.20(a)(8) and (10), NMFS allocates ICAs of 3,000 mt of
flathead sole, 6,000 mt of rock sole, 4,000 mt of yellowfin sole, 10 mt
of WAI Pacific ocean perch, 60 mt of CAI Pacific ocean perch, 100 mt of
EAI Pacific ocean perch, 20 mt of WAI Atka mackerel, 75 mt of CAI Atka
mackerel, and 800 mt of EAI and BS
[[Page 11632]]
Atka mackerel. These ICA allowances are based on NMFS's examination of
the incidental catch in other target fisheries from 2003 through 2021.
The regulations do not designate the remainder of the non-specified
reserve by species or species group. Any amount of the reserve may be
apportioned to a target species that contributed to the non-specified
reserves during the year, provided that such apportionments are
consistent with Sec. 679.20(a)(3) and do not result in overfishing
(see Sec. 679.20(b)(1)(i)). The Regional Administrator has determined
that the ITACs specified for certain species listed in Tables 1 and 2
need to be supplemented from the non-specified reserve because U.S.
fishing vessels have demonstrated the capacity to catch the full TAC
allocations. Therefore, in accordance with Sec. 679.20(b), NMFS is
apportioning the amounts shown in Table 3 from the non-specified
reserve to increase the ITAC for AI ``other rockfish'' by 15 percent of
the ``other rockfish'' TAC in 2022 and 2023.
Table 3-Final 2022 and 2023 Apportionment of Non-Specified Reserves to ITAC Categories
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2022 reserve 2023 reserve
Species-area or subarea 2022 ITAC amount 2022 final TAC 2023 ITAC amount 2023 final TAC
--------------------------------------------------------------------------------------------------------------------------------------------------------
Other rockfish-Aleutian Islands subarea................. 335 59 394 335 59 394
Total............................................... 335 59 394 335 59 394
--------------------------------------------------------------------------------------------------------------------------------------------------------
Allocation of Pollock TAC Under the American Fisheries Act (AFA)
Section 679.20(a)(5)(i)(A) requires that the BS pollock TAC be
apportioned as a DFA, after subtracting 10 percent for the CDQ program
and 4.95 percent in 2022 and 4.27 percent in 2023 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 DFA is allocated to the A season (January 20-June
10), and 55 percent of the DFA is allocated to the B season (June 10-
November 1) (Sec. Sec. 679.20(a)(5)(i)(B)(1) and 679.23(e)(2)). The AI
directed pollock fishery allocation to the Aleut Corporation is the
amount of pollock TAC remaining in the AI after subtracting 1,900 mt
for the CDQ DFA (10 percent) and 2,500 mt for the ICA (Sec.
679.20(a)(5)(iii)(B)(2)). In the AI, the total A season apportionment
of the TAC (including the AI directed fishery allocation, the CDQ DFA,
and the ICA) may equal up to 40 percent of the ABC for AI pollock, and
the remainder of the TAC is allocated to the B season (Sec.
679.20(a)(5)(iii)(B)(3)). Tables 4 and 5 list these 2022 and 2023
amounts.
Section 679.20(a)(5)(iii)(B)(6) sets harvest limits for pollock in
the A season (January 20 to June 10) in Areas 543, 542, and 541. In
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) also includes several specific
requirements regarding BS pollock allocations. First, it requires that
8.5 percent of the pollock allocated to the CP sector be available for
harvest by AFA catcher vessels (CVs) with CP sector endorsements,
unless the Regional Administrator receives a cooperative contract that
allows for the distribution of harvest among AFA CPs and AFA CVs in a
manner agreed to by all members. Second, AFA CPs not listed in the AFA
are limited to harvesting not more than 0.5 percent of the pollock
allocated to the CP sector. Tables 4 and 5 list the 2022 and 2023
allocations of pollock TAC. Table 20 lists the AFA CP prohibited
species sideboard limits, and Tables 21 and 22 list the AFA CV
groundfish and prohibited species sideboard limits. The tables for the
pollock allocations to the BS inshore pollock cooperatives and open
access sector will be posted on the Alaska Region website at <a href="https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-groundfish-fisheries-management">https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-groundfish-fisheries-management</a>.
Tables 4 and 5 also list seasonal apportionments of pollock and
harvest limits within the Steller Sea Lion Conservation Area (SCA). The
harvest of pollock within the SCA, as defined at Sec.
679.22(a)(7)(vii), is limited to no more than 28 percent of the annual
pollock DFA before 12:00 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 4--Final 2022 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ Directed
Fishing Allowances (DFA) \1\
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2022 A season \1\ 2022 B season
2022 -------------------------------- \1\
Area and sector Allocations SCA harvest ---------------
A season DFA limit \2\ B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\...................... 1,111,000 n/a n/a n/a
CDQ DFA......................................... 111,100 49,995 31,108 61,105
ICA \1\......................................... 49,500 n/a n/a n/a
Total Bering Sea non-CDQ DFA.................... 950,400 427,680 266,112 522,720
AFA Inshore..................................... 475,200 213,840 133,056 261,360
AFA Catcher/Processors \3\...................... 380,160 171,072 106,445 209,088
Catch by CPs................................ 347,846 156,531 n/a 191,316
Catch by CVs \3\............................ 32,314 14,541 n/a 17,772
Unlisted CP Limit \4\....................... 1,901 855 n/a 1,045
AFA Motherships................................. 95,040 42,768 26,611 52,272
Excessive Harvesting Limit \5\.................. 166,320 n/a n/a n/a
[[Page 11633]]
Excessive Processing Limit \6\.................. 285,120 n/a n/a n/a
Aleutian Islands subarea ABC.................... 50,752 n/a n/a n/a
Aleutian Islands subarea TAC \1\................ 19,000 n/a n/a n/a
CDQ DFA......................................... 1,900 1,900 n/a ..............
ICA............................................. 2,500 1,250 n/a 1,250
Aleut Corporation............................... 14,600 14,600 n/a ..............
Area harvest limit \7\.......................... n/a n/a n/a n/a
541......................................... 15,226 n/a n/a n/a
542......................................... 7,613 n/a n/a n/a
543......................................... 2,538 n/a n/a n/a
Bogoslof District ICA \8\....................... 250 n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the Bering Sea subarea pollock TAC, after subtracting the CDQ DFA (10
percent) and the ICA (4.95 percent), is allocated as a DFA as follows: Inshore sector--50 percent, catcher/
processor sector (CP)--40 percent, and mothership sector--10 percent. In the Bering Sea subarea, 45 percent of
the DFA is allocated to the A season (January 20-June 10) and 55 percent of the DFA is allocated to the B
season (June 10-November 1). Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) through (iii), the Aleutian Islands
subarea pollock TAC, after subtracting first for the CDQ DFA (10 percent) and second for the ICA (2,500 mt),
is allocated to the Aleut Corporation for a pollock directed fishery. In the Aleutian Islands subarea, the A
season is allocated up to 40 percent of the Aleutian Islands 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.
\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
CP sector cooperative for the year.
\4\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting
not more than 0.5 percent of the catcher/processor sector's allocation of pollock.
\5\ Pursuant to Sec. 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
percent of the sum of the non-CDQ pollock DFAs.
\6\ Pursuant to Sec. 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0
percent of the sum of the non-CDQ pollock DFAs.
\7\ Pursuant to Sec. 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
Area 541 of no more than 30 percent, in Area 542 of no more than 15 percent, and in Area 543 of no more than 5
percent of the Aleutian Islands pollock ABC.
\8\ Pursuant to Sec. 679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The
amounts specified are for incidental catch only and are not apportioned by season or sector.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Table 5--Final 2023 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ Directed
Fishing Allowances (DFA) \1\
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2023 A season \1\ 2023 B season
2023 -------------------------------- \1\
Area and sector Allocations SCA harvest ---------------
A season DFA limit \2\ B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\...................... 1,289,000 n/a n/a n/a
CDQ DFA......................................... 128,900 58,005 36,092 70,895
ICA \1\......................................... 49,500 n/a n/a n/a
Total Bering Sea non-CDQ DFA.................... 1,110,600 499,770 310,968 610,830
AFA Inshore..................................... 555,300 249,885 155,484 305,415
AFA Catcher/Processors \3\...................... 444,240 199,908 124,387 244,332
Catch by CPs................................ 406,480 182,916 n/a 223,564
Catch by CVs \3\............................ 37,760 16,992 n/a 20,768
Unlisted CP Limit \4\....................... 2,221 1,000 n/a 1,222
AFA Motherships................................. 111,060 49,977 31,097 61,083
Excessive Harvesting Limit \5\.................. 194,355 n/a n/a n/a
Excessive Processing Limit \6\.................. 333,180 n/a n/a n/a
Aleutian Islands subarea ABC.................... 50,825 n/a n/a n/a
Aleutian Islands subarea TAC \1\................ 19,000 n/a n/a n/a
CDQ DFA......................................... 1,900 1,900 n/a ..............
ICA............................................. 2,500 1,250 n/a 1,250
Aleut Corporation............................... 14,600 14,600 n/a ..............
Area harvest limit \7\.......................... n/a n/a n/a n/a
541......................................... 15,248 n/a n/a n/a
542......................................... 7,624 n/a n/a n/a
543......................................... 2,541 n/a n/a n/a
[[Page 11634]]
Bogoslof District ICA \8\....................... 250 n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the Bering Sea subarea pollock TAC, after subtracting the CDQ DFA (10
percent) and the ICA (4.27 percent), is allocated as a DFA as follows: Inshore sector--50 percent, catcher/
processor sector (CP)--40 percent, and mothership sector--10 percent. In the Bering Sea subarea, 45 percent of
the DFA is allocated to the A season (January 20-June 10) and 55 percent of the DFA is allocated to the B
season (June 10-November 1). Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) through (iii), the Aleutian Islands
subarea pollock TAC, after subtracting first for the CDQ DFA (10 percent) and second for the ICA (2,500 mt),
is allocated to the Aleut Corporation for a pollock directed fishery. In the Aleutian Islands subarea, the A
season is allocated up to 40 percent of the Aleutian Islands 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.
\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
CP sector cooperative for the year.
\4\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting
not more than 0.5 percent of the catcher/processor sector's allocation of pollock.
\5\ Pursuant to Sec. 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
percent of the sum of the non-CDQ pollock DFAs.
\6\ Pursuant to Sec. 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0
percent of the sum of the non-CDQ pollock DFAs.
\7\ Pursuant to Sec. 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
Area 541 of no more than 30 percent, in Area 542 of no more than 15 percent, and in Area 543 of no more than 5
percent of the Aleutian Islands pollock ABC.
\8\ Pursuant to Sec. 679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The
amounts specified are for incidental catch only and are not apportioned by season or sector.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Allocation of the Atka Mackerel TACs
Section 679.20(a)(8) allocates the Atka mackerel TACs to the
Amendment 80 and BSAI trawl limited access sectors, after subtracting
the CDQ reserves, ICAs for the BSAI trawl limited access sector and
non-trawl gear sector, and the jig gear allocation (Tables 6 and 7).
The percentage of the ITAC for Atka mackerel allocated to the Amendment
80 and BSAI trawl limited access sectors is listed in Table 33 to 50
CFR part 679 and in Sec. 679.91. Pursuant to Sec. 679.20(a)(8)(i), up
to 2 percent of the EAI and the BS Atka mackerel TAC may be allocated
to vessels using jig gear. The percent of this allocation is
recommended annually by the Council based on several criteria,
including, among other criteria, the anticipated harvest capacity of
the jig gear fleet. The Council recommended, and NMFS approves, a 0.5
percent allocation of the Atka mackerel ITAC in the EAI and BS to the
jig gear sector in 2022 and 2023.
Section 679.20(a)(8)(ii)(A) apportions the Atka mackerel TAC into
two equal seasonal allowances. Section 679.23(e)(3) sets the first
seasonal allowance for directed fishing with trawl gear from January 20
through June 10 (A season), and the second seasonal allowance from June
10 through December 31 (B season). Section 679.23(e)(4)(iii) applies
Atka mackerel seasons to CDQ Atka mackerel trawl fishing. The ICAs and
jig gear allocations are not apportioned by season.
Sections 679.20(a)(8)(ii)(C)(1)(i) and (ii) limits Atka mackerel
catch within waters 0 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 the annual TACs between the A and B seasons as defined
at Sec. 679.23(e)(3). Section 679.20(a)(8)(ii)(C)(2) requires that the
annual TAC in Area 543 will be no more than 65 percent of the ABC in
Area 543. Section 679.20(a)(8)(ii)(D) requires that any unharvested
Atka mackerel A season allowance that is added to the B season be
prohibited from being harvested within waters 0 nmi to 20 nmi of
Steller sea lion sites listed in Table 6 to 50 CFR part 679 and located
in Areas 541, 542, and 543.
Tables 6 and 7 list these 2022 and 2023 Atka mackerel seasonal and
area allowances, and the sector allocations. One Amendment 80
cooperative has formed for the 2022 fishing year. Because all Amendment
80 vessels are part of the sole Amendment 80 cooperative, no allocation
to the Amendment 80 limited access sector is required for 2022. The
2023 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, 2022.
TABLE 6--Final 2022 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch Allowance, and
Amendment 80 Allocations of the BSAI ATKA Mackerel TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2022 allocation by area
--------------------------------------------------------
Sector \1\ Season 2 3 4 Eastern Aleutian
District/Bering Central Aleutian Western Aleutian
Sea District \5\ District
----------------------------------------------------------------------------------------------------------------
TAC.............................. n/a................. 27,260 16,880 22,341
CDQ reserve...................... Total............... 2,917 1,806 2,390
A................... 1,458 903 1,195
Critical Habitat.... n/a 542 717
[[Page 11635]]
B................... 1,458 903 1,195
Critical Habitat.... n/a 542 717
Non-CDQ TAC...................... n/a................. 24,343 15,074 19,951
ICA.............................. Total............... 800 75 20
Jig \6\.......................... Total............... 118 ................. .................
BSAI trawl limited access........ Total............... 2,343 1,500 .................
A................... 1,171 750 .................
Critical Habitat.... n/a 450 .................
B................... 1,171 750 .................
Critical Habitat.... n/a 450 .................
Amendment 80 sector.............. Total............... 21,083 13,499 19,931
A................... 10,541 6,749 9,965
Critical Habitat.... n/a 4,050 5,979
B................... 10,541 6,749 9,965
Critical Habitat.... n/a 4,050 5,979
----------------------------------------------------------------------------------------------------------------
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and jig
gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for
Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50 CFR
part 679 and Sec. 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec.
Sec. 679.20(b)(1)(ii)(C) and 679.31).
\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 are 50 percent in the A season and 50 percent in the B season.
\4\ Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from
January 20 to June 10 and the B season from June 10 to December 31.
\5\Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to
be caught inside of Steller sea lion critical habitat; section 679.20(a)(8)(ii)(C)(1)(ii) equally divides the
annual TACs between the A and B seasons as defined at Sec. 679.23(e)(3); and section 679.20(a)(8)(ii)(C)(2)
requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
\6\ Sections 679.2 and 679.20(a)(8)(i) require that up to 2 percent of the Eastern Aleutian Islands District and
the Bering Sea subarea TAC be allocated to jig gear after subtracting the CDQ reserve and the ICA. NMFS sets
the amount of this allocation for 2022 at 0.5 percent. The jig gear allocation is not apportioned by season.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Table 7--Final 2023 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch Allowance, and
Amendment 80 Allocation of the BSAI ATKA Mackerel TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2023 allocation by area
--------------------------------------------------------
Sector \1\ Season 2 3 4 Eastern Aleutian
District/Bering Central Aleutian Western Aleutian
Sea \5\ District \5\ District \5\
----------------------------------------------------------------------------------------------------------------
TAC.............................. n/a................. 25,000 15,470 20,488
CDQ reserve...................... Total............... 2,675 1,655 2,192
A................... 1,338 828 1,096
Critical Habitat.... n/a 497 658
B................... 1,338 828 1,096
Critical Habitat.... n/a 497 658
non-CDQ TAC...................... n/a................. 22,325 13,815 18,296
ICA.............................. Total............... 800 75 20
Jig \7\.......................... Total............... 108 ................. .................
BSAI trawl limited access........ Total............... 2,142 1,374 .................
A................... 1,071 687 .................
Critical Habitat.... n/a 412 .................
B................... 1,071 687 .................
Critical Habitat.... n/a 412 .................
Amendment 80 sectors \7\......... Total............... 19,276 12,366 18,276
A................... 9,638 6,183 9,138
Critical Habitat.... n/a 3,710 5,483
B................... 9,638 6,183 9,138
Critical Habitat.... n/a 3,710 5,483
----------------------------------------------------------------------------------------------------------------
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and jig
gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for
Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50 CFR
part 679 and Sec. 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec.
Sec. 679.20(b)(1)(ii)(C) and 679.31).
\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 are 50 percent in the A season and 50 percent in the B season.
[[Page 11636]]
\4\ Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from
January 20 to June 10 and the B season from June 10 to December 31.
\5\ Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to
be caught inside of Steller sea lion critical habitat; section 679.20(a)(8)(ii)(C)(1)(ii) equally divides the
annual TACs between the A and B seasons as defined at Sec. 679.23(e)(3); and section 679.20(a)(8)(ii)(C)(2)
requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
\6\ Sections 679.2 and 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian Islands District
and the Bering Sea subarea TAC be allocated to jig gear after subtracting the CDQ reserve and the ICA. NMFS
sets the amount of this allocation for 2023 at 0.5 percent. The jig gear allocation is not apportioned by
season.
\7\ The 2023 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,
2022.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Allocation of the Pacific Cod TAC
The Council separated BSAI subarea OFLs, ABCs, and TACs for Pacific
cod in 2014 (79 FR 12108, March 4, 2014). Section 679.20(b)(1)(ii)(C)
allocates 10.7 percent of the BS TAC and the AI TAC to the CDQ program.
After CDQ allocations have been deducted from the respective BS and AI
Pacific cod TACs, the remaining BSAI Pacific cod TACs are combined for
calculating further BSAI Pacific cod sector allocations. If the non-CDQ
Pacific cod TAC is or will be reached in either the BS or the AI
subareas, NMFS will prohibit non-CDQ directed fishing for Pacific cod
in that subarea as provided in Sec. 679.20(d)(1)(iii).
Sections 679.20(a)(7)(i) and (ii) allocate to the non-CDQ sectors
the Pacific cod TAC in the combined BSAI, after subtracting 10.7
percent for the CDQ program, as follows: 1.4 percent to vessels using
jig gear; 2.0 percent to hook-and-line or pot CVs less than 60 ft (18.3
m) length overall (LOA); 0.2 percent to hook-and-line CVs greater than
or equal to 60 ft (18.3 m) LOA; 48.7 percent to hook-and-line CPs; 8.4
percent to pot CVs greater than or equal to 60 ft (18.3 m) LOA; 1.5
percent to pot CPs; 2.3 percent to AFA trawl CPs; 13.4 percent to
Amendment 80 sector; and 22.1 percent to trawl CVs. The ICA for the
hook-and-line and pot sectors will be deducted from the aggregate
portion of Pacific cod TAC allocated to the hook-and-line and pot
sectors. For 2022 and 2023, the Regional Administrator establishes an
ICA of 400 mt based on anticipated incidental catch by these sectors in
other fisheries.
The ITAC allocation of Pacific cod to the Amendment 80 sector is
established in Table 33 to 50 CFR part 679 and Sec. 679.91. One
Amendment 80 cooperative has formed for the 2022 fishing year. Because
all Amendment 80 vessels are part of the sole Amendment 80 cooperative,
no allocation to the Amendment 80 limited access sector is required for
2022. The 2023 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, 2022.
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), 679.20(a)(7)(iv)(A), and
679.23(e)(5)). In accordance with Sec. 679.20(a)(7)(iv)(B) and (C),
any unused portion of a 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)(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 2021 stock assessment, the Regional Administrator
determined for 2022 and 2023 the estimated amount of Pacific cod
abundance in Area 543 is 15.7 percent of the total AI abundance. To
calculate the Area 543 Pacific cod harvest limit, NMFS first subtracts
the State GHL Pacific cod amount from the AI Pacific cod ABC. Then NMFS
determines the harvest limit in Area 543 by multiplying the percentage
of Pacific cod estimated in Area 543 (15.7 percent) by the remaining
ABC for AI Pacific cod. Based on these calculations, the Area 543
harvest limit is 2,166 mt for 2022 and 2023.
On March 21, 2019, the final rule adopting Amendment 113 to the FMP
(81 FR 84434, November 23, 2016) was vacated by the U.S. District Court
for the District of Columbia (Groundfish Forum v. Ross, No. 16-2495
(D.D.C. March 21, 2019)), and the corresponding regulations
implementing Amendment 113 are no longer in effect. Therefore, this
final rule is not specifying amounts for the AI Pacific Cod Catcher
Vessel Harvest Set-Aside Program (see Sec. 679.20(a)(7)(viii)).
Table 8 and Table 9 list the CDQ and non-CDQ seasonal allowances by
gear, as well as the non-CDQ sector allocations, based on the final
2022 and 2023 Pacific cod TACs.
Table 8--Final 2022 Sector Allocations and Seasonal Allowances of the BSAI Pacific Cod TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2022 seasonal apportionment
Sector Percent 2022 share of 2022 share of ---------------------------------
total sector total Season Amount
----------------------------------------------------------------------------------------------------------------
BS TAC........................ n/a 136,466 n/a n/a............. n/a
BS CDQ........................ n/a 14,602 n/a see Sec. n/a
679.20(a)(7)(i)
(B).
BS non-CDQ TAC................ n/a 121,864 n/a n/a............. n/a
AI TAC........................ n/a 13,796 n/a n/a............. n/a
AI CDQ........................ n/a 1,476 n/a see Sec. n/a
679.20(a)(7)(i)
(B).
AI non-CDQ TAC................ n/a 12,320 n/a n/a............. n/a
Western Aleutian Island Limit. n/a 2,166 n/a n/a............. n/a
Total BSAI non-CDQ TAC \1\.... 100 134,184 n/a n/a............. n/a
Total hook-and-line/pot gear.. 60.8 81,584 n/a n/a............. n/a
Hook-and-line/pot ICA \2\..... n/a 400 n/a see Sec. n/a
679.20(a)(7)(ii
)(B).
Hook-and-line/pot sub-total... n/a 81,184 n/a n/a............. n/a
Hook-and-line catcher/ 48.7 n/a 65,027 Jan 1-Jun 10.... 33,164
processor. Jun 10-Dec 31... 31,863
Hook-and-line catcher vessel 0.2 n/a 267 Jan 1-Jun 10.... 136
>=60 ft LOA. Jun 10-Dec 31... 131
[[Page 11637]]
Pot catcher/processor......... 1.5 n/a 2,003 Jan 1-Jun 10.... 1,021
Sept 1-Dec 31... 981
Pot catcher vessel >=60 ft LOA 8.4 n/a 11,216 Jan 1-Jun 10.... 5,720
Sept 1-Dec 31... 5,496
Catcher vessel <60 ft LOA 2.0 n/a 2,671 n/a............. n/a
using hook-and-line or pot
gear.
Trawl catcher vessel.......... 22.1 29,655 n/a Jan 20-Apr 1.... 21,944
Apr 1-Jun 10.... 3,262
Jun 10-Nov 1.... 4,448
AFA trawl catcher/processor... 2.3 3,086 n/a Jan 20-Apr 1.... 2,315
Apr 1-Jun 10.... 772
Jun 10-Nov 1.... ..............
Amendment 80.................. 13.4 17,981 n/a Jan 20-Apr 1.... 13,485
Apr 1-Jun 10.... 4,495
Jun 10-Dec 31... ..............
Jig........................... 1.4 1,879 n/a Jan 1-Apr 30.... 1,127
Apr 30-Aug 31... 376
Aug 31-Dec 31... 376
----------------------------------------------------------------------------------------------------------------
\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 the subtraction of the reserves for the CDQ program. If the TAC for Pacific cod in
either the AI or BS is or will be reached, then directed fishing for non-CDQ Pacific cod in that subarea will
be prohibited, 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 approves an ICA of 400 mt for 2022
based on anticipated incidental catch by these sectors in other fisheries.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Table 9--Final 2023 Sector Allocations and Seasonal Allowances of the BSAI Pacific Cod TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2023 seasonal apportionment
Sector Percent 2023 share 2023 share of ---------------------------------
total sector total Season Amount
----------------------------------------------------------------------------------------------------------------
BS TAC........................ n/a 133,459 n/a n/a............. n/a
BS CDQ........................ n/a 14,280 n/a see Sec. n/a
679.20(a)(7)(i)
(B).
BS non-CDQ TAC................ n/a 119,179 n/a n/a............. n/a
AI TAC........................ n/a 13,796 n/a n/a............. n/a
AI CDQ........................ n/a 1,476 n/a see Sec. n/a
679.20(a)(7)(i)
(B).
AI non-CDQ TAC................ n/a 12,320 n/a n/a............. n/a
Western Aleutian Island Limit. n/a 2,166 n/a n/a............. n/a
Total BSAI non-CDQ TAC \1\.... n/a 131,499 n/a n/a............. n/a
Total hook-and-line/pot gear.. 60.8 79,951 n/a n/a............. n/a
Hook-and-line/pot ICA \2\..... n/a 400 n/a see Sec. n/a
679.20(a)(7)(ii
)(B).
Hook-and-line/pot sub-total... n/a 79,551 n/a n/a............. n/a
Hook-and-line catcher/ 48.7 n/a 63,719 Jan 1-Jun 10.... 32,497
processor. Jun 10-Dec 31... 31,223
Hook-and-line catcher vessel 0.2 n/a 262 Jan 1-Jun 10.... 133
>=60 ft LOA. Jun 10-Dec 31... 128
Pot catcher/processor......... 1.5 n/a 1,963 Jan 1-Jun 10.... 1,001
Sept 1-Dec 31... 962
Pot catcher vessel >=60 ft LOA 8.4 n/a 10,991 Jan 1-Jun 10.... 5,605
Sept 1-Dec 31... 5,385
Catcher vessel <60 ft LOA 2.0 n/a 2,617 n/a............. n/a
using hook-and-line or pot
gear.
Trawl catcher vessel.......... 22.1 29,061 n/a Jan 20-Apr 1.... 21,505
Apr 1-Jun 10.... 3,197
Jun 10-Nov 1.... 4,359
AFA trawl catcher/processor... 2.3 3,024 n/a Jan 20-Apr 1.... 2,268
Apr 1-Jun 10.... 756
Jun 10-Nov 1.... ..............
Amendment 80.................. 13.4 17,621 n/a Jan 20-Apr 1.... 13,216
Apr 1-Jun 10.... 4,405
Jun 10-Dec 31... ..............
[[Page 11638]]
Jig........................... 1.4 1,841 n/a Jan 1-Apr 30.... 1,105
Apr 30-Aug 31... 368
Aug 31-Dec 31... 368
----------------------------------------------------------------------------------------------------------------
\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 the subtraction of the reserves for the CDQ program. If the TAC for Pacific cod in
either the AI or BS is or will be reached, then directed fishing for non-CDQ Pacific cod in that subarea will
be prohibited, 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 approves an ICA of 400 mt for 2023
based on anticipated incidental catch by these sectors in other fisheries.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Sablefish Gear Allocation
Sections 679.20(a)(4)(iii) and (iv) require allocation of the
sablefish TAC for the BS and AI subareas between the trawl gear and
hook-and-line or pot gear sectors. Gear allocations of the sablefish
TAC for the BS are 50 percent for trawl gear and 50 percent for hook-
and-line or pot gear. Gear allocations of the TAC for the AI are 25
percent for trawl gear and 75 percent for hook-and-line or pot gear.
Section 679.20(b)(1)(ii)(B) requires that NMFS apportions 20 percent of
the hook-and-line or pot gear allocation of sablefish TAC to the CDQ
reserve for each subarea. Also, Sec. 679.20(b)(1)(ii)(D)(1) requires
that in the BS and AI 7.5 percent of the trawl gear allocation of
sablefish TAC from the non-specified reserve, established under Sec.
679.20(b)(1)(i), be assigned to the CDQ reserve.
The Council recommended that only trawl sablefish TAC be
established biennially. The harvest specifications for the hook-and-
line gear or pot gear sablefish Individual Fishing Quota (IFQ)
fisheries are limited to the 2022 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 10 lists the 2022 and 2023 gear allocations of the
sablefish TAC and CDQ reserve amounts.
Table 10--Final 2022 and 2023 Gear Shares and CDQ Reserve of BSAI Sablefish TACs
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2022 Share of 2022 CDQ 2023 Share of 2023 CDQ
Subarea and gear Percent of TAC TAC 2022 ITAC reserve TAC 2023 ITAC reserve
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea:
Trawl \1\........................... 50 2,632 2,237 197 3,265 2,775 245
Hook-and-line/pot gear \2\.......... 50 2,632 2,106 526 n/a n/a n/a
---------------------------------------------------------------------------------------------------------------
Total........................... 100 5,264 4,343 724 3,265 2,775 245
Aleutian Islands:
Trawl \1\........................... 25 1,616 1,373 121 1,947 1,655 146
Hook-and-line/pot gear \2\.......... 75 4,847 3,878 969 n/a n/a n/a
---------------------------------------------------------------------------------------------------------------
Total........................... 100 6,463 5,251 1,091 1,947 1,655 146
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For the sablefish TAC allocated to vessels using trawl gear, 15 percent of TAC is apportioned to the non-specified reserve (Sec. 679.20(b)(1)(i)).
The ITAC for vessels using trawl gear is the remainder of the TAC after subtracting this reserve. In the BS and AI, 7.5 percent of the trawl gear
allocation of the TAC is assigned from the non-specified reserve to the CDQ reserve (Sec. 679.20(b)(1)(ii)(D)(1)).
\2\ For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot 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 hook-and-line or pot gear is the remainder of the TAC
after subtracting the CDQ reserve for each subarea. The Council recommended that specifications for the hook-and-line or pot gear sablefish IFQ
fisheries be limited to one 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
Sections 679.20(a)(10)(i) and (ii) require that NMFS allocate AI
Pacific ocean perch, and BSAI flathead sole, rock sole, and yellowfin
sole ITACs between the Amendment 80 sector and the BSAI trawl limited
access sector, after subtracting 10.7 percent for the CDQ reserves and
ICAs for the BSAI trawl limited access sector and vessels using non-
trawl gear. The allocations of the ITACs for AI Pacific ocean perch,
and BSAI flathead sole, rock sole, and yellowfin sole to the Amendment
80 sector are established in accordance with Tables 33 and 34 to 50 CFR
part 679 and Sec. 679.91.
One Amendment 80 cooperative has formed for the 2022 fishing year.
Because all Amendment 80 vessels are part of the sole Amendment 80
cooperative, no allocation to the Amendment 80 limited access sector is
required for 2022. The 2023 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
[[Page 11639]]
the program by November 1, 2022. Tables 11 and 12 list the 2022 and
2023 allocations of the AI Pacific ocean perch, and BSAI flathead sole,
rock sole, and yellowfin sole TACs.
Table 11--Final 2022 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAS), and Amendment 80 Allocations of the Aleutian Islands
Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACs
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific ocean perch Flathead sole Rock sole Yellowfin sole
-------------------------------------------------------------------------------------
Sector Eastern Central Western
Aleutian Aleutian Aleutian BSAI BSAI BSAI
District District District
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC............................................................... 8,083 5,950 11,000 35,500 66,000 250,000
CDQ............................................................... 865 637 1,177 3,799 7,062 26,750
ICA............................................................... 100 60 10 3,000 6,000 4,000
BSAI trawl limited access......................................... 712 525 196 ............... ........... 52,642
Amendment 80...................................................... 6,406 4,728 9,617 28,702 52,938 166,608
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Sector apportionments may not total precisely due to rounding.
Table 12--Final 2023 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAS), and Amendment 80 Allocations of the Aleutian Islands
Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACs
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific ocean perch Flathead sole Rock sole Yellowfin sole
-------------------------------------------------------------------------------------
Sector Eastern Central Western
Aleutian Aleutian Aleutian BSAI BSAI BSAI
District District District
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC............................................................... 7,774 5,722 10,500 25,500 55,000 230,000
CDQ............................................................... 832 612 1,124 2,729 5,885 24,610
ICA............................................................... 100 60 10 3,000 6,000 4,000
BSAI trawl limited access......................................... 684 505 187 ............... ........... 45,498
Amendment 80 \1\.................................................. 6,158 4,545 9,179 19,772 43,115 155,892
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The 2023 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until
eligible participants apply for participation in the program by November 1, 2022.
Note: Sector apportionments may not total precisely due to rounding.
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 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 reserve to be the ratio of each cooperatives' quota
share units and the total Amendment 80 quota share units, multiplied by
the Amendment 80 ABC reserve for each respective species. Table 13
lists the 2022 and 2023 ABC surplus and ABC reserves for BSAI flathead
sole, rock sole, and yellowfin sole.
Table 13--Final 2022 and 2023 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]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2022 Flathead 2022 Rock 2022 2023 \1\ 2023 \1\ Rock 2023 \1\
Sector sole sole Yellowfin sole Flathead sole sole Yellowfin sole
--------------------------------------------------------------------------------------------------------------------------------------------------------
ABC..................................................... 64,288 206,896 354,014 65,988 271,199 358,675
TAC..................................................... 35,500 66,000 250,000 25,500 55,000 230,000
ABC surplus............................................. 28,788 140,896 104,014 40,488 216,199 128,675
ABC reserve............................................. 28,788 140,896 104,014 40,488 216,199 128,675
CDQ ABC reserve......................................... 3,080 15,076 11,129 4,332 23,133 13,768
[[Page 11640]]
Amendment 80 ABC reserve................................ 25,708 125,820 92,885 36,156 193,066 114,907
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The 2023 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until
eligible participants apply for participation in the program by November 1, 2022.
PSC Limits for Halibut, Salmon, Crab, and Herring
Section 679.21, at paragraphs (b), (e), (f), and (g), sets forth
the BSAI PSC limits. Pursuant to Sec. 679.21(b)(1), the annual BSAI
halibut PSC limits total 3,515 mt. Section 679.21(b)(1) allocates 315
mt of the halibut PSC limit as the PSQ reserve for use by the
groundfish CDQ program, 1,745 mt of the halibut PSC limit for the
Amendment 80 sector, 745 mt of the halibut PSC limit for the BSAI trawl
limited access sector, and 710 mt of the halibut PSC limit for the BSAI
non-trawl sector.
Section 679.21, at (b)(1)(iii)(A) and (B), authorizes apportionment
of the BSAI non-trawl halibut PSC limit into PSC allowances among six
fishery categories in Table 17, and Sec. 679.21, at (b)(1)(ii)(A) and
(B), (e)(3)(i)(B), and (e)(3)(iv), requires apportionment of the trawl
PSC limits in Tables 15 and 16 into PSC allowances among seven fishery
categories.
Pursuant to Section 3.6 of the FMP, the Council recommends, and
NMFS agrees, that certain specified non-trawl fisheries be exempt from
the halibut PSC limit. As in past years, after consultation with the
Council, NMFS exempts the pot gear fishery, the jig gear fishery, and
the sablefish IFQ hook-and-line gear fishery categories from halibut
bycatch restrictions for the following reasons: (1) The pot gear
fisheries have low halibut bycatch mortality; (2) NMFS estimates
halibut mortality for the jig gear fleet to be negligible because of
the small size of the fishery and the selectivity of the gear; and (3)
the sablefish and halibut IFQ fisheries have low halibut bycatch
mortality because the IFQ program requires that legal-size halibut be
retained by vessels using fixed gear if a halibut IFQ permit holder or
a hired master is aboard and is holding unused halibut IFQ for that
vessel category and the IFQ regulatory area in which the vessel is
operating (Sec. 679.7(f)(11)).
The 2021 total groundfish catch for the pot gear fishery in the
BSAI was 35,409 mt, with an associated halibut bycatch mortality of 7
mt. The 2021 jig gear fishery harvested about 20 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 (IPAs) are
formed and approved by NMFS, 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 of Alaska provides to NMFS an estimate of Chinook salmon
abundance using the 3-System Index for western Alaska based on the
Kuskokwim, Unalakleet, and Upper Yukon aggregate stock grouping.
If an AFA sector participates in an approved IPA and has not
exceeded its performance standard under Sec. 679.21(f)(6), and if it
is not a low Chinook salmon abundance year, then NMFS will allocate a
portion of the 60,000 Chinook salmon PSC limit to that sector as
specified in Sec. 679.21(f)(3)(iii)(A). If no IPA is approved, or if
the sector has exceeded its performance standard under Sec.
679.21(f)(6), and if it is not a low abundance year, then NMFS will
allocate a portion of the 47,591 Chinook salmon PSC limit to that
sector as specified in Sec. 679.21(f)(3)(iii)(C). If an AFA sector
participates in an approved IPA and has not exceeded its performance
standard under Sec. 679.21(f)(6), in a low abundance year, then NMFS
will allocate a portion of the 45,000 Chinook salmon PSC limit to that
sector as specified in Sec. 679.21(f)(3)(iii)(B). If no IPA is
approved, or if the sector has exceeded its performance standard under
Sec. 679.21(f)(6), and if in a low abundance year, then NMFS will
allocate a portion of the 33,318 Chinook salmon PSC limit to that
sector as specified in Sec. 679.21(f)(3)(iii)(D).
NMFS has determined that 2021 was a low Chinook salmon abundance
year, based on the State's estimate that Chinook salmon abundance in
western Alaska is less than 250,000 Chinook salmon. Therefore, in 2022,
the Chinook salmon PSC limit is 45,000 Chinook salmon, allocated to
each sector as specified in Sec. 679.21(f)(3)(iii)(B). The AFA sector
Chinook salmon PSC 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)).
In 2022, 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).
NMFS publishes the approved IPAs, allocations, and reports at
<a href="https://alaskafisheries.noaa.gov/sustainablefisheries/bycatch/default.htm">https://alaskafisheries.noaa.gov/sustainablefisheries/bycatch/default.htm</a>.
Section 679.21(g)(2)(i) specifies 700 fish as the 2022 and 2023
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 2022 and 2023
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.
PSC limits for crab and herring are specified annually based on
abundance and spawning biomass. Section 679.21(e)(3)(i)(A)(1) allocates
10.7
[[Page 11641]]
percent from each trawl gear PSC limit specified for crab as a PSQ
reserve for use by the groundfish CDQ program.
Based on the most recent (2021) survey data, the red king crab
mature female abundance is estimated at 6.432 million red king crabs,
and the effective spawning biomass is estimated at 25.120 million lbs
(9,463 mt). Based on the criteria set out at Sec. 679.21(e)(1)(i), the
2022 and 2023 PSC limit of red king crab in Zone 1 for trawl gear is
32,000 animals. This limit derives from the mature female abundance
estimate below 8.4 million mature red king crab.
Section 679.21(e)(3)(ii)(B)(2) establishes criteria under which
NMFS must specify 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 State's Department of Fish and Game (ADF&G) and NMFS have reviewed
the final 2021 NMFS trawl survey data for the Bristol Bay red king crab
stock. The stock is estimated to be below the regulatory threshold for
opening a fishery. Therefore, the State did not establish a GHL for the
Bristol Bay red king crab fishery, and the fishery will remain closed
for the 2021/2022 crab season. For this reason, NMFS closed directed
fishing for vessels using non-pelagic trawl gear in the RKCSS for 2022
(87 FR 2558, January 18, 2022). And, NMFS and the Council will not
specify an amount of the red king crab bycatch limit, annually
established under Sec. 679.21(e)(1)(i), for the RKCSS. NMFS and the
Council will assess the RKCSS closure for 2023 based on whether the
State's ADF&G establishes a GHL for the 2022/2023 red king crab fishery
in the Bristol Bay area.
Based on the most recent (2021) survey data, Tanner crab
(Chionoecetes bairdi) abundance is estimated at 385 million animals.
Pursuant to criteria set out at Sec. 679.21(e)(1)(ii), the calculated
2022 and 2023 C. bairdi crab PSC limit for trawl gear is 830,000
animals in Zone 1, and 2,520,000 animals in Zone 2. The limit in Zone 1
is based on the abundance of C. bairdi estimated at 385 million
animals, which is greater than 270 million animals but less than 400
million animals. The limit in Zone 2 is based on the abundance of C.
bairdi estimated at 385 million animals, which is greater than 290
million animals but less than 400 million animals.
Pursuant to Sec. 679.21(e)(1)(iii), the PSC limit for trawl gear
for snow crab (Chionoecetes 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 BS abundance index minus 150,000 crabs, unless
the minimum or maximum PSC limit applies. Based on the most recent
(2021) survey estimate of 1.42 billion animals, the calculated C.
opilio crab PSC limit is 1,608,860 animals. Because 0.1133 percent
multiplied by the total abundance is less than 4.5 million, the minimum
PSC limit applies and the PSC limit will be 4.350 million animals.
Pursuant to Sec. 679.21(e)(1)(v), the PSC limit of Pacific herring
caught while conducting any trawl operation for BSAI groundfish is 1
percent of the annual eastern BS herring biomass. The best estimate of
2022 and 2023 herring biomass is 381,876 mt. This amount was developed
by the Alaska Department of Fish and Game based on biomass for spawning
aggregations. Therefore, the herring PSC limit for 2022 and 2023 is
3,819 mt for all trawl gear as listed in Tables 14 and 15.
Section 679.21(e)(3)(i)(A) requires that PSQ reserves be subtracted
from the total trawl gear crab PSC limits. The crab and halibut PSC
limits apportioned to the Amendment 80 and BSAI trawl limited access
sectors are listed in Table 35 to 50 CFR part 679. The resulting 2022
and 2023 allocations of PSC limit to CDQ PSQ reserves, the Amendment 80
sector, and the BSAI trawl limited access sector are listed in Table
14. Pursuant to Sec. Sec. 679.21(b)(1)(i), 679.21(e)(3)(vi), and
679.91(d) through (f), crab and halibut trawl PSC limits assigned to
the Amendment 80 sector are then further allocated to Amendment 80
cooperatives as cooperative quota. Crab and halibut PSC cooperative
quota assigned to Amendment 80 cooperatives is not allocated to
specific fishery categories. In 2022, there are no vessels in the
Amendment 80 limited access sector and there is one Amendment 80
cooperative. The 2023 PSC allocations between Amendment 80 cooperatives
and the Amendment 80 limited access sector will not be known until
eligible participants apply for participation in the program by
November 1, 2022. Section 679.21(e)(3)(i)(B) requires that NMFS, after
consultation with the Council, apportion each trawl PSC limit for crab
and herring not assigned to CDQ PSQ reserves or Amendment 80
cooperatives into PSC bycatch allowances for seven specified fishery
categories in Sec. 679.21(e)(3)(iv).
Sections 679.21(b)(2) and (e)(5) authorize NMFS, after consulting
with the Council, to establish seasonal apportionments of halibut and
crab PSC amounts for the BSAI trawl limited access and non-trawl
sectors in order to maximize the ability of the fleet to harvest the
available groundfish TAC and to minimize bycatch. The factors to be
considered are (1) seasonal distribution of prohibited species, (2)
seasonal distribution of target groundfish species relative to
prohibited species distribution, (3) PSC bycatch needs on a seasonal
basis relevant to prohibited species biomass and expected catches of
target groundfish species, (4) expected variations in bycatch rates
throughout the year, (5) expected changes in directed groundfish
fishing seasons, (6) expected start of fishing effort, and (7) economic
effects of establishing seasonal prohibited species apportionments on
segments of the target groundfish industry. Based on this criteria, the
Council recommended and NMFS approves the seasonal PSC apportionments
in Tables 16 and 17 to maximize harvest among gear types, fisheries,
and seasons while minimizing bycatch of PSC.
Table 14--Final 2022 and 2023 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
Non-trawl CDQ PSQ remaining Amendment limited limits not
PSC species and area and zone \1\ Total PSC PSC reserve \2\ after CDQ 80 sector access allocated
PSQ \3\ sector \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Halibut mortality (mt) BSAI.................................. 3,515 710 315 n/a 1,745 745 ...........
Herring (mt) BSAI............................................ 3,819 n/a n/a n/a n/a n/a ...........
Red king crab (animals) Zone 1............................... 32,000 n/a 3,424 28,576 14,282 8,739 5,555
C. opilio (animals) COBLZ.................................... 4,350,000 n/a 465,450 3,884,550 1,909,256 1,248,494 726,799
C. bairdi crab (animals) Zone 1.............................. 830,000 n/a 88,810 741,190 312,115 348,285 80,790
[[Page 11642]]
C. bairdi crab (animals) Zone 2.............................. 2,520,000 n/a 269,640 2,250,360 532,660 1,053,394 664,306
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas and zones.
\2\ The PSQ reserve for crab species is 10.7 percent of each crab PSC limit.
\3\ The Amendment 80 program reduced apportionment of the trawl PSC limits for crab below the total PSC limit. These reductions are not apportioned to
other gear types or sectors.
Table 15--Final 2022 and 2023 Herring and Red King Crab Savings Subarea
Prohibited Species Catch Allowances for All Trawl Sectors
------------------------------------------------------------------------
Red king crab
Fishery categories Herring (mt) BSAI (animals) zone 1
------------------------------------------------------------------------
Yellowfin sole.............. 222 n/a
Rock sole/flathead sole/ 110 n/a
Alaska plaice/other
flatfish \1\...............
Greenland turbot/arrowtooth 11 n/a
flounder/Kamchatka flounder/
sablefish..................
Rockfish.................... 11 n/a
Pacific cod................. 20 n/a
Midwater trawl pollock...... 3,400 n/a
Pollock/Atka mackerel/other 45 n/a
species \2\ \3\............
2022 Red king crab savings n/a ....................
subarea non-pelagic trawl
gear \4\...................
2023 Red king crab savings n/a 8,000
subarea non-pelagic trawl
gear \5\...................
-------------------------------------------
Total trawl PSC......... 3,819 32,000
------------------------------------------------------------------------
\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\ Section 679.21(e)(3)(ii)(B) establishes criteria under which an
annual red king crab bycatch limit must be specified 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. Based on the final 2021 NMFS trawl survey data for the Bristol
Bay red king crab stock, the State of Alaska closed the Bristol Bay
red king crab fishery for the 2021/2022 crab season. NMFS and the
Council will not specify the red king crab bycatch limit for the RKCSS
in 2022, and pursuant to Sec. 679.21(e)(3)(ii)(B)(1) directed
fishing for groundfish is prohibited for vessels using non-pelagic
trawl gear in the RKCSS for 2022.
\5\ If the Bristol Bay red king crab fishery remains closed in the 2022/
2023 crab season, the RKCSS specification will be zero. If the Bristol
Bay red king crab fishery is open in the 2022/2023 crab season, NMFS,
after consultation with the Council, will specify an annual red king
crab bycatch limit for the RKCSS, which is limited by regulation to up
to 25 percent of the red king crab PSC allowance (Sec.
679.21(e)(3)(ii)(B)(2)).
Note: Species allowances may not total precisely due to rounding.
Table 16--Final 2022 and 2023 Prohibited Species Bycatch Allowances for the BSAI Trawl Limited Access Sector
----------------------------------------------------------------------------------------------------------------
Prohibited species and area and zone \1\
-----------------------------------------------------------------------
BSAI trawl limited access fisheries Halibut Red king crab C. opilio C. bairdi (animals)
mortality (mt) (animals) zone (animals) -------------------------
BSAI 1 COBLZ Zone 1 Zone 2
----------------------------------------------------------------------------------------------------------------
Yellowfin sole.......................... 265 7,700 1,192,179 293,234 1,005,879
Rock sole/flathead sole/Alaska plaice/ .............. ............... ........... ........... ...........
other flatfish \2\.....................
Greenland turbot/arrowtooth flounder/ .............. ............... ........... ........... ...........
Kamchatka flounder/sablefish...........
Rockfish April 15-December 31........... 5 ............... 1,006 ........... 849
Pacific cod............................. 300 975 50,281 50,816 42,424
Pollock/Atka mackerel/other species \3\. 175 65 5,028 4,235 4,243
-----------------------------------------------------------------------
Total BSAI trawl limited access PSC. 745 8,739 1,248,494 348,285 1,053,394
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas and zones.
\2\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole,
and yellowfin sole.
\3\ ``Other species'' for PSC monitoring includes skates, sharks, and octopuses.
Note: Seasonal or sector allowances may not total precisely due to rounding.
[[Page 11643]]
Table 17--Final 2022 and 2023 Halibut Prohibited Species Bycatch Allowances for Non-Trawl Fisheries Halibut
Mortality (mt) BSAI
----------------------------------------------------------------------------------------------------------------
Catcher/ Catcher
Non-trawl fisheries Seasons processor vessel All non-trawl
----------------------------------------------------------------------------------------------------------------
Pacific cod........................... Total Pacific cod....... 648 13 661
January 1-June 10.... 388 9 n/a
June 10-August 15.... 162 2 n/a
August 15-December 31 98 2 n/a
Non-Pacific cod non-trawl--Total...... May 1-December 31.... n/a n/a 49
Groundfish pot and jig................ n/a..................... n/a n/a Exempt
Sablefish hook-and-line............... n/a..................... n/a n/a Exempt
-------------------------------------------------------------------------
Total for all non-trawl PSC....... n/a..................... n/a n/a 710
----------------------------------------------------------------------------------------------------------------
Note: Seasonal or sector allowances may not total precisely due to rounding.
Estimates of Halibut Biomass and Stock Condition
The International Pacific Halibut Commission (IPHC) annually
assesses the abundance and potential yield of the Pacific halibut stock
using all available data from the commercial and sport fisheries, other
removals, and scientific surveys. Additional information on the Pacific
halibut stock assessment may be found in the IPHC's 2021 Pacific
halibut stock assessment (December 2021), available on the IPHC website
at <a href="http://www.iphc.int">www.iphc.int</a>. The IPHC considered the 2021 Pacific halibut stock
assessment at its January 2022 annual meeting when it set the 2022
commercial halibut fishery catch limits.
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 observers' estimates of halibut incidental
catch in the groundfish fishery. DMRs are estimates of the proportion
of incidentally caught halibut that do not survive after being returned
to the sea. The cumulative halibut mortality that accrues to a
particular halibut PSC limit is the product of a DMR multiplied by the
estimated halibut PSC. DMRs are estimated using the best scientific
information available in conjunction with the annual BSAI stock
assessment process. The DMR methodology and findings are included as an
appendix to the annual BSAI groundfish SAFE report.
In 2016, the DMR estimation methodology underwent revisions per the
Council's directive. An interagency halibut working group (IPHC,
Council, and NMFS staff) developed improved estimation methods that
have undergone review by the Plan Team, SSC, and the Council. A summary
of the revised methodology is included in the BSAI proposed 2017 and
2018 harvest specifications (81 FR 87863, December 6, 2016), and the
comprehensive discussion of the working group's statistical methodology
is available from the Council (see ADDRESSES). The DMR working group's
revised methodology is intended to improve estimation accuracy,
transparency, and transferability used for calculating DMRs. The
working group will continue to consider improvements to the methodology
used to calculate halibut mortality, including potential changes to the
reference period (the period of data used for calculating the DMRs).
Future DMRs may change based on additional years of observer sampling,
which could provide more recent and accurate data and which could
improve the accuracy of estimation and progress on methodology. The
methodology will continue to ensure that NMFS is using DMRs that more
accurately reflect halibut mortality, which will inform the different
sectors of their estimated halibut mortality and allow specific sectors
to respond with methods that could reduce mortality and, eventually,
the DMR for that sector.
At the December 2021 meeting, the SSC, AP, and the Council
concurred with the revised DMR estimation methodology, and NMFS adopts
for 2022 and 2023 the DMRs calculated under the revised methodology,
which uses an updated 2-year reference period. The final 2022 and 2023
DMRs in this rule are unchanged from the DMRs in the proposed 2022 and
2023 harvest specifications (86 FR 68608, December 3, 2021). Table 18
lists these final 2022 and 2023 DMRs.
Table 18--2022 and 2023 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 84
catcher/processor.
Non-pelagic trawl............. Catcher vessel....... 62
Hook-and-line................. Catcher/processor.... 10
Hook-and-line................. Catcher vessel....... 10
Pot........................... All.................. 33
------------------------------------------------------------------------
Directed Fishing Closures
In accordance with Sec. 679.20(d)(1)(i), the Regional
Administrator may establish a DFA for a species or species group if the
Regional Administrator determines that any allocation or apportionment
of a target species has been or will be reached. If the Regional
Administrator establishes a DFA, and that allowance is or will be
reached before the end of the fishing year, NMFS
[[Page 11644]]
will prohibit directed fishing for that species or species group in the
specified subarea, regulatory area, or district (see Sec.
679.20(d)(1)(iii)). Similarly, pursuant to Sec. 679.21(b)(4) and
(e)(7), if the Regional Administrator determines that a fishery
category's bycatch allowance of halibut, red king crab, C. bairdi crab,
or C. opilio crab for a specified area has been reached, the Regional
Administrator will prohibit directed fishing for each species or
species group in that fishery category in the area specified by
regulation for the remainder of the season or fishing year.
Based on historic catch patterns and anticipated fishing activity,
the Regional Administrator has determined that the groundfish
allocation amounts in Table 19 will be necessary as incidental catch to
support other anticipated groundfish fisheries for the 2022 and 2023
fishing years. Consequently, in accordance with Sec. 679.20(d)(1)(i),
the Regional Administrator establishes the DFA for the species and
species groups in Table 19 as zero mt. Therefore, in accordance with
Sec. 679.20(d)(1)(iii), NMFS is prohibiting directed fishing for these
sectors and species or species groups in the specified areas effective
at 1200 hours, A.l.t., March 2, 2022, through 2400 hours, A.l.t.,
December 31, 2023. Also, for the BSAI trawl limited access sector,
bycatch allowances of halibut, red king crab, C. bairdi crab, and C.
opilio crab listed in Table 19 are insufficient to support directed
fisheries. Therefore, in accordance with Sec. Sec. 679.21(b)(4)(i) and
(e)(7), NMFS is prohibiting directed fishing for these sectors,
species, and fishery categories in the specified areas effective at
1200 hours, A.l.t., March 2, 2022, through 2400 hours, A.l.t., December
31, 2023.
Table 19--2022 and 2023 Directed Fishing Closures \1\
[Groundfish and halibut amounts are in metric tons. Crab amounts are in number of animals.]
----------------------------------------------------------------------------------------------------------------
2022 2023
Incidental Incidental
Area Sector Species catch catch
allowance allowance
----------------------------------------------------------------------------------------------------------------
Bogoslof District................... All.................... Pollock................ 250 250
Aleutian Islands subarea............ All.................... Greenland Turbot....... 877 764
Aleutian Islands subarea............ All.................... ICA pollock............ 2,500 2,500
....................... ``Other rockfish'' \2\. 394 394
Aleutian Islands subarea............ Trawl non-CDQ.......... Sablefish.............. 1,373 1,655
Eastern Aleutian District/Bering Sea Non-amendment 80, CDQ, ICA Atka mackerel...... 800 800
and BSAI trawl limited
access.
Eastern Aleutian District/Bering Sea All.................... Blackspotted/Rougheye 277 284
rockfish.
Eastern Aleutian District........... Non-amendment 80, CDQ, ICA Pacific ocean perch 100 100
and BSAI trawl limited
access.
Central Aleutian District........... Non-amendment 80, CDQ, ICA Atka mackerel...... 75 75
and BSAI trawl limited ICA Pacific ocean perch 60 60
access.
Western Aleutian District........... Non-amendment 80, CDQ ICA Atka mackerel...... 20 20
and BSAI trawl limited ICA Pacific ocean perch 10 10
access.
Western and Central Aleutian All.................... Blackspotted/Rougheye 150 156
Districts. rockfish.
Bering Sea subarea.................. Trawl non-CDQ.......... Sablefish.............. 2,237 2,775
Bering Sea subarea.................. All.................... Pacific ocean perch.... 8,799 8,463
``Other rockfish''\2\.. 638 781
ICA pollock............ 49,500 49,500
Bering Sea and Aleutian Islands..... All.................... Shortraker rockfish.... 460 460
Skates................. 25,500 25,500
Sharks................. 425 425
Octopuses.............. 595 595
Hook-and-line and pot ICA Pacific cod........ 400 400
gear.
Non-amendment 80 and ICA flathead sole...... 3,000 3,000
CDQ.
ICA rock sole.......... 6,000 6,000
Non-amendment 80, CDQ, ICA yellowfin sole..... 4,000 4,000
and BSAI trawl limited
access.
BSAI trawl limited Rock sole/flathead sole/ ........... ...........
access. other flatfish--
halibut mortality, red
king crab Zone 1, C.
opilio COBLZ, C.
bairdi Zone 1 and 2.
Turbot/arrowtooth/ ........... ...........
Kamchatka/sablefish--
halibut mortality, red
king crab Zone 1, C.
opilio COBLZ, C.
bairdi Zone 1 and 2.
Rockfish--red king crab ........... ...........
Zone 1.
----------------------------------------------------------------------------------------------------------------
\1\ Maximum retainable amounts may be found in Table 11 to 50 CFR part 679.
\2\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean
perch, northern rockfish, blackspotted/rougheye rockfish, and shortraker rockfish.
Closures implemented under the final 2021 and 2022 BSAI harvest
specifications for groundfish (86 FR 11449, February 25, 2021) remain
effective under authority of these final 2022 and 2023 harvest
specifications and until the date specified in those closure notices.
Closures are posted at the following website under the Alaska filter
for Management Area: <a href="https://www.fisheries.noaa.gov/rules-and-announcements/bulletins">https://www.fisheries.noaa.gov/rules-and-announcements/bulletins</a>. While these closures are in effect, the
maximum retainable amounts at Sec. 679.20(e) and (f) apply at any time
during a fishing trip. These closures to directed fishing are in
addition to closures and prohibitions found at 50 CFR part 679.
[[Page 11645]]
Listed AFA Catcher/Processor Sideboard Limits
Pursuant to Sec. 679.64(a), the Regional Administrator is
responsible for restricting the ability of listed AFA CPs to engage in
directed fishing for groundfish species other than pollock to protect
participants in other groundfish fisheries from adverse effects
resulting from the AFA fishery and from fishery cooperatives in the
directed pollock fishery. These restrictions are set out as sideboard
limits on catch. On February 8, 2019, NMFS published a final rule (84
FR 2723) that implemented regulations to prohibit non-exempt AFA CPs
from directed fishing for groundfish species or species groups subject
to sideboard limits (see Sec. 679.20(d)(1)(iv)(D) and Table 54 to 50
CFR part 679). Section 679.64(a)(1)(v) exempts AFA CPs from a yellowfin
sole sideboard limit because the final 2022 and 2023 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 20 that
are caught by listed AFA CPs participating in any groundfish fishery
other than pollock will accrue against the final 2022 and 2023 PSC
sideboard limits for the listed AFA CPs. Section 679.21(b)(4)(iii),
(e)(3)(v), and (e)(7) authorizes NMFS to close directed fishing for
groundfish other than pollock for listed AFA CPs once a final 2022 or
2023 PSC sideboard limit listed in Table 20 is reached. Pursuant to
Sec. 679.21(b)(1)(ii)(C) and (e)(3)(ii)(C), halibut or crab PSC by
listed AFA CPs while fishing for pollock will accrue against the PSC
allowances annually specified for the pollock/Atka mackerel/``other
species'' fishery categories, according to Sec. 679.21(b)(1)(ii)(B)
and (e)(3)(iv).
Table 20--Final 2022 and 2023 BSAI AFA Listed Catcher/Processor Prohibited Species Sideboard Limits
----------------------------------------------------------------------------------------------------------------
2022 and 2023 PSC
available to trawl 2022 and 2023 AFA
PSC species and area \1\ Ratio of PSC catch vessels after catcher/processor
to total PSC subtraction of PSQ sideboard limit \2\
\2\
----------------------------------------------------------------------------------------------------------------
Halibut mortality BSAI........................ n/a n/a 286
Red king crab Zone 1.......................... 0.0070 28,576 200
C. opilio (COBLZ)............................. 0.1530 3,884,550 594,336
C. bairdi Zone 1.............................. 0.1400 741,190 103,767
C. bairdi Zone 2.............................. 0.0500 2,250,360 112,518
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas.
\2\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
AFA Catcher Vessel Sideboard Limits
Pursuant to Sec. 679.64(b), the Regional Administrator is
responsible for restricting the ability of AFA CVs to engage in
directed fishing for groundfish species other than pollock to protect
participants in other groundfish fisheries from adverse effects
resulting from the AFA fishery and from fishery cooperatives in the
pollock directed fishery. On February 8, 2019, NMFS published a final
rule (84 FR 2723) that implemented regulations to prohibit non-exempt
AFA C/Vs 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). Section
679.64(b)(6) exempts AFA CVs from a yellowfin sole sideboard limit
because the 2022 and 2023 aggregate ITAC of yellowfin sole assigned to
the Amendment 80 sector and BSAI trawl limited access sector is greater
than 125,000 mt. The remainder of the sideboard limits for non-exempt
AFA C/Vs are in Table 21.
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) and Amendment 80
(72 FR 52668, September 14, 2007). Table 21 lists the final 2022 and
2023 AFA CV groundfish sideboard limits.
Table 21--Final 2022 and 2023 BSAI Pacific Cod Sideboard Limits for American Fisheries Act Catcher Vessels (CVs)
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2022 AFA 2023 AFA
Ratio of 1997 2022 Initial catcher vessel 2023 Initial catcher vessel
Fishery by area/gear/season AFA CV catch TAC sideboard TAC sideboard
to 1997 TAC limits limits
----------------------------------------------------------------------------------------------------------------
BSAI............................ n/a n/a n/a n/a n/a
Trawl gear CV................... n/a n/a n/a n/a n/a
Jan 20-Apr 1................ 0.8609 21,944 18,892 21,505 18,514
Apr 1-Jun 10................ 0.8609 3,262 2,808 3,197 2,752
Jun 10-Nov 1................ 0.8609 4,448 3,829 4,359 3,753
----------------------------------------------------------------------------------------------------------------
Note: Section 679.64(b)(6) exempts AFA catcher vessels from a yellowfin sole sideboard limit because the 2022
and 2023 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 22 that are caught by
AFA CVs participating in any groundfish fishery other than pollock will
accrue against the 2022 and 2023 PSC sideboard limits for the AFA CVs.
Section 679.21, at
[[Page 11646]]
(b)(4)(iii), (e)(3)(v), and (e)(7), authorizes NMFS to close directed
fishing for groundfish other than pollock for AFA CVs once a final 2022
and 2023 PSC sideboard limit listed in Table 22 is reached. Pursuant to
Sec. 679.21(b)(1)(ii)(C) and (e)(3)(ii)(C), halibut or crab PSC by AFA
CVs while fishing for pollock will accrue against the PSC allowances
annually specified for the pollock/Atka mackerel/``other species''
fishery categories under Sec. 679.21(b)(1)(ii)(B) and (e)(3)(iv).
Table 22--Final 2022 and 2023 American Fisheries Act Catcher Vessel Prohibited Species Catch Sideboard Limits
for the Bsai 1
----------------------------------------------------------------------------------------------------------------
AFA catcher 2022 and 2023 PSC 2022 and 2023 AFA
Target fishery vessel PSC limit after catcher vessel
PSC species and area \1\ category \2\ sideboard limit subtraction of PSC sideboard
ratio PSQ reserves \3\ limit \3\
----------------------------------------------------------------------------------------------------------------
Halibut......................... Pacific cod trawl.... n/a n/a 887
Pacific cod hook-and- n/a n/a 2
line or pot.
Yellowfin sole total. n/a n/a 101
Rock sole/flathead n/a n/a 228
sole/Alaska plaice/
other flatfish \4\.
Greenland turbot/ n/a n/a .................
arrowtooth/Kamchatka/
sablefish.
Rockfish............. n/a n/a 2
Pollock/Atka mackerel/ n/a n/a 5
other species \5\.
Red king crab Zone 1............ n/a.................. 0.2990 28,576 8,544
C. opilio COBLZ................. n/a.................. 0.1680 3,884,550 652,604
C. bairdi Zone 1................ n/a.................. 0.3300 741,190 244,593
C. bairdi Zone 2................ n/a.................. 0.1860 2,250,360 418,567
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas.
\2\ Target trawl 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.
Response to Comments
NMFS received no comments during the public comment period for the
proposed BSAI groundfish harvest specifications.
Classification
NMFS has determined that the final harvest specifications are
consistent with the FMP and with the Magnuson-Stevens Act and other
applicable laws.
This action is authorized under 50 CFR 679.20 and is exempt from
review under Executive Order 12866.
NMFS prepared an EIS for the Alaska groundfish harvest
specifications and alternative harvest strategies (see ADDRESSES) and
made it available to the public on January 12, 2007 (72 FR 1512). On
February 13, 2007, NMFS issued the Record of Decision (ROD) for the
Final EIS. In January 2022, NMFS prepared a Supplementary Information
Report (SIR) for this action to provide a subsequent assessment of the
action and to address the need to prepare a Supplemental EIS (SEIS) (40
CFR 1501.11(b); Sec. 1502.9(d)(1)). Copies of the Final EIS, ROD, and
annual SIRs for this action are available from NMFS (see ADDRESSES).
The Final EIS analyzes the environmental, social, and economic
consequences of the groundfish harvest specifications and alternative
harvest strategies on resources in the action area. Based on the
analysis in the Final EIS, NMFS concluded that the preferred
alternative (Alternative 2) provides the best balance among relevant
environmental, social, and economic considerations and allows for
continued management of the groundfish fisheries based on the most
recent, best scientific information. The preferred alternative is a
harvest strategy in which TACs are set at a level within the range of
ABCs recommended by the Council's SSC; the sum of the TACs must achieve
the OY specified in the FMP. While the specific numbers that the
harvest strategy produces may vary from year to year, the methodology
used for the preferred harvest strategy remains constant.
The latest annual SIR evaluated the need to prepare a SEIS for the
2022 and 2023 groundfish harvest specifications. An SEIS should be
prepared if (1) the agency makes substantial changes in the proposed
action that are relevant to environmental concerns; or (2) significant
new circumstances or information exist relevant to environmental
concerns and bearing on the proposed action or its impacts (40 CFR
1502.9(d)(1)). After reviewing the information contained in the SIR and
SAFE report, the Regional Administrator has determined that (1)
approval of the 2022 and 2023 harvest specifications, which were set
according to the preferred harvest strategy in the Final EIS, does not
constitute a substantial change in the action; and (2) there are no
significant new circumstances or information relevant to environmental
concerns and bearing on the action or its impacts. Additionally, the
2022 and 2023 harvest specifications will result in environmental,
social, and economic impacts within the scope of those analyzed and
disclosed in the Final EIS. Therefore, an SEIS is not necessary to
implement the 2022 and 2023 harvest specifications.
A final regulatory flexibility analysis (FRFA) was prepared.
Section 604 of the Regulatory Flexibility Act (RFA) (5 U.S.C. 604)
requires that, when an agency promulgates a final rule under 5 U.S.C.
553, after being required by that section, or any other law, to publish
a general notice of proposed rulemaking, the agency shall prepare a
FRFA. The following constitutes the FRFA prepared in this final action.
Section 604 of the RFA describes the required contents of a FRFA:
(1) A statement of the need for, and objectives of, the rule; (2) a
statement of the significant issues raised by the public comments in
response to the initial regulatory flexibility analysis, a statement of
the assessment of the agency of such issues, and a statement of any
changes made in the proposed rule as a result of such comments; (3) the
response of the agency to any comments filed by the Chief Counsel for
Advocacy of the Small Business Administration in response to the
proposed rule, and a detailed statement of any change made to the
proposed rule in the final rule as a result of the comments; (4) a
description of and an
[[Page 11647]]
estimate of the number of small entities to which the rule will apply
or an explanation of why no such estimate is available; (5) a
description of the projected reporting, recordkeeping, and other
compliance requirements of the rule, including an estimate of the
classes of small entities which will be subject to the requirement and
the type of professional skills necessary for preparation of the report
or record; and (6) a description of the steps the agency has taken to
minimize the significant economic impact on small entities consistent
with the stated objectives of applicable statutes, including a
statement of the factual, policy, and legal reasons for selecting the
alternative adopted in the final rule and why each one of the other
significant alternatives to the rule considered by the agency that
affect the impact on small entities was rejected.
A description of this action, its purpose, and its legal basis are
included at the beginning of the preamble to this final rule and are
not repeated here.
NMFS published the proposed rule on December 3, 2021 (86 FR 68608).
NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA) to
accompany the proposed action, and included the IRFA in the proposed
rule. The comment period closed on January 3, 2022. No comments were
received on the IRFA or on the economic impacts of the rule more
generally. The Chief Counsel for Advocacy of the Small Business
Administration did not file any comments on the proposed rule.
The entities directly regulated by this action are those that
harvest groundfish in the exclusive economic zone of the BSAI and in
parallel fisheries within State waters. These include entities
operating catcher vessels and catcher/processors within the action area
and entities receiving direct allocations of groundfish.
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
engaged in commercial fishing (NAICS code 11411) is classified as a
small business if it is independently owned and operated, is not
dominant in its field of operation (including its affiliates), and has
combined annual gross receipts not in excess of $11 million for all its
affiliated operations worldwide.
Using the most recent data available (2020), the estimated number
of directly regulated small entities includes approximately 155 catcher
vessels, 4 catcher/processors, and six CDQ groups. Some of these
vessels are members of AFA inshore pollock cooperatives, Gulf of Alaska
rockfish cooperatives, or BSAI Crab Rationalization Program
cooperatives, and, since under the RFA the aggregate gross receipts of
all participating members of the cooperative must meet the ``under $11
million'' threshold, the cooperatives are considered to be large
entities within the meaning of the RFA. Thus, the estimate of 155
catcher vessels may be an overstatement of the number of small
entities. Average gross revenues in 2020 were $530,000 for small hook-
and-line vessels, $1.1 million for small pot vessels, $2.8 million for
small trawl vessels, $6.6 million for hook-and-line CPs, and $3.1
million for pot gear CPs.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
This action implements the final 2022 and 2023 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 2022 and 2023
fishing years and is taken in accordance with the FMP prepared by the
Council pursuant to the Magnuson-Stevens Act. The establishment of the
final harvest specifications is governed by the Council's harvest
strategy for the catch of groundfish in the BSAI. The harvest strategy
was previously selected from among five alternatives. Under this
preferred alternative harvest strategy, TACs are set within the range
of ABCs recommended by the SSC; the sum of the TACs must achieve the OY
specified in the FMP; and while the specific TAC numbers that the
harvest strategy produces may vary from year to year, the methodology
used for the preferred harvest strategy remains constant. This final
action implements the preferred alternative harvest strategy previously
chosen by the Council to set TACs that fall within the range of ABCs
recommended through the Council harvest specifications process and as
recommended by the Council. This is the method for determining TACs
that has been used in the past.
The final 2022 and 2023 TACs associated with preferred harvest
strategy are those recommended by the Council in December 2021. OFLs
and ABCs for each species or species group were based on
recommendations prepared by the Council's Plan Team, and reviewed by
the Council's SSC. The Council's TAC recommendations are consistent
with the SSC's OFL and ABC recommendations, and the sum of all TACs
remains within the OY for the BSAI consistent with Sec.
679.20(a)(1)(i)(A). Because setting all TACs equal to ABCs would cause
the sum of TACs to exceed an OY of 2.0 million mt, TACs for some
species or species groups are lower than the ABCs recommended by the
Plan Team and the SSC.
The final 2022 and 2023 OFLs and ABCs are based on the best
available biological information, including projected biomass trends,
information on assumed distribution of stock biomass, and revised
technical methods to calculate stock biomass. The final 2022 and 2023
TACs are based on the best available biological and socioeconomic
information. The final 2022 and 2023 OFLs, ABCs, and TACs are
consistent with the biological condition of groundfish stocks as
described in the 2021 SAFE report, which is the most recent, completed
SAFE report. Accounting for the most recent biological information to
set the final OFLs, ABCs, and TACs is consistent with the objectives
for this action, as well as National Standard 2 of the Magnuson-Stevens
Act (16 U.S.C. 1851(a)(2)) that actions shall be based on the best
scientific information available.
Under this action, the ABCs reflect harvest amounts that are less
than the specified overfishing levels. The TACs are within the range of
ABCs recommended by the SSC and do not exceed the biological limits
recommended by the SSC (the ABCs and overfishing levels). For some
species and species groups in the BSAI, the Council recommended, and
NMFS sets, TACs equal to ABCs, which is intended to maximize harvest
opportunities in the BSAI. However, NMFS cannot set TACs for all
species in the BSAI equal to their ABCs due to the constraining OY
limit of 2.0 million mt. For this reason, some final TACs are less than
the final ABCs. These specific reductions were reviewed and recommended
by the Council's AP, and then reviewed and adopted by the Council for
the final 2022 and 2023 TACs.
Based on the best available scientific data, and in consideration
of the Council's objectives for this action, there are no significant
alternatives that have the potential to accomplish the stated
objectives of the Magnuson-Stevens Act and any other applicable
statutes and that have the potential to minimize any significant
adverse economic impact of the final rule on small entities. This
action is economically beneficial to entities operating in the BSAI,
including small entities. The action specifies TACs for commercially-
valuable species in the
[[Page 11648]]
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
concluded that these final harvest specifications would best accomplish
the stated objectives articulated in the preamble for this final rule
and in applicable statutes, and would minimize to the extent
practicable adverse economic impacts on the universe of directly
regulated small entities.
Adverse impacts on marine mammals, or endangered or threatened
species, resulting from fishing activities conducted under this rule
are discussed in the Final EIS and its accompanying annual SIRs (see
ADDRESSES).
Pursuant to 5 U.S.C. 553(d)(3), the Assistant Administrator for
Fisheries, NOAA, finds good cause to waive the 30-day delay in the date
of effectiveness for this rule because delaying this rule is contrary
to the public interest. The Plan Team review of the 2021 SAFE report
occurred in November 2021, and based on the 2021 SAFE report the
Council considered and recommended the final harvest specifications in
December 2021. Accordingly, NMFS's review of the final 2022 and 2023
harvest specifications could not begin until after the December 2021
Council meeting, and after the public had time to comment on the
proposed action.
For all fisheries not currently closed because the TACs established
under the final 2021 and 2022 harvest specifications (86 FR 11449,
February 25, 2021) were not reached, it is possible that they would be
closed prior to the expiration of a 30-day delayed effectiveness period
because their TACs could be reached within that period. If implemented
immediately, this rule would allow these fisheries to continue fishing
because some of the new TACs implemented by this rule are higher than
the TACs under which they are currently fishing.
In addition, immediate effectiveness of this action is required to
provide consistent management and conservation of fishery resources
based on the best available scientific information. This is
particularly pertinent for those species that have lower 2022 ABCs and
TACs than those established in the 2021 and 2022 harvest specifications
(86 FR 11449, February 25, 2021). If implemented immediately, this rule
would ensure that NMFS can properly manage those fisheries for which
this rule sets lower 2022 ABCs and TACs, which are based on the most
recent biological information on the condition of stocks, rather than
managing species under the higher TACs set in the previous year's
harvest specifications.
Certain fisheries, such as those for pollock, are intensive, fast-
paced fisheries. Other fisheries, such as those for sablefish,
flatfish, rockfish, Atka mackerel, skates, sharks, and octopuses, are
critical as directed fisheries and as incidental catch in other
fisheries. U.S. fishing vessels have demonstrated the capacity to catch
the TAC allocations in many of these fisheries. If the date of
effectiveness of this rule were to be delayed 30 days and if a TAC were
to be reached during those 30 days, NMFS would be required to close
directed fishing or prohibit retention for the applicable species. Any
delay in allocating the final TACs in these fisheries would cause
confusion to the industry and potential economic harm through
unnecessary discards, thus undermining the intent of this rule. Waiving
the 30-day delay allows NMFS to prevent economic loss to fishermen that
could otherwise occur should the 2022 TACs (set under the 2021 and 2022
harvest specifications) be reached. Determining which fisheries may
close is nearly impossible because these fisheries are affected by
several factors that cannot be predicted in advance, including fishing
effort, weather, movement of fishery stocks, and market price.
Furthermore, the closure of one fishery has a cascading effect on other
fisheries by freeing-up fishing vessels, allowing them to move from
closed fisheries to open ones, increasing the fishing capacity in those
open fisheries, and causing them to close at an accelerated pace.
In fisheries subject to declining sideboard limits, a failure to
implement the updated sideboard limits before initial season's end
could deny the intended economic protection to the non-sideboard
limited sectors. Conversely, in fisheries with increasing sideboard
limits, economic benefit could be denied to the sideboard-limited
sectors.
If these final harvest specifications are not effective by March 6,
2022, which is the start of the 2022 Pacific halibut season as
specified by the IPHC, the fixed gear sablefish fishery will not begin
concurrently with the Pacific halibut IFQ season. Delayed effectiveness
of this action would result in confusion for sablefish harvesters and
economic harm from the unnecessary discard of sablefish that are caught
along with Pacific halibut, as both fixed gear sablefish and Pacific
halibut are managed under the same IFQ program. Immediate effectiveness
of these final 2022 and 2023 harvest specifications will allow the
sablefish IFQ fishery to begin concurrently with the Pacific halibut
IFQ season.
Finally, immediate effectiveness also would provide the fishing
industry the earliest possible opportunity to plan and conduct its
fishing operations with respect to new information about TAC limits.
Therefore, NMFS finds good cause to waive the 30-day delay in the date
of effectiveness under 5 U.S.C. 553(d)(3).
Small Entity Compliance Guide
This final rule is a plain language guide to assist small entities
in complying with this final rule as required by the Small Business
Regulatory Enforcement Fairness Act of 1996. This final rule's primary
purpose is to announce the final 2022 and 2023 harvest specifications
and prohibited species bycatch allowances for the groundfish fisheries
of the BSAI. This action is necessary to establish harvest limits and
associated management measures for groundfish during the 2022 and 2023
fishing years and is taken in accordance with the FMP prepared by the
Council pursuant to the Magnuson-Stevens Act. This action directly
affects all fishermen who participate in the BSAI fisheries. The
specific amounts of OFL, ABC, TAC, and PSC amounts are provided in
tables to assist the reader. These tables also are individually
available online at <a href="https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-groundfish-harvest-specifications">https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-groundfish-harvest-specifications</a>. NMFS will announce
closures of directed fishing in the Federal Register and information
bulletins released by the Alaska Region. Affected fishermen should keep
themselves informed of such closures.
[[Page 11649]]
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: February 24, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2022-04292 Filed 3-1-22; 8:45 am]
BILLING CODE 3510-22-P
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