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Proposed Rule2022-27119

Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; Proposed 2023 and 2024 Harvest Specifications for Groundfish

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Published

December 14, 2022

Issuing agencies

Commerce DepartmentNational Oceanic and Atmospheric Administration

Abstract

NMFS proposes 2023 and 2024 harvest specifications, apportionments, and prohibited species catch allowances for the groundfish fisheries of the Bering Sea and Aleutian Islands (BSAI) management area. This action is necessary to establish harvest limits for groundfish during the 2023 and 2024 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 2023 harvest specifications supersede those previously set in the final 2022 and 2023 harvest specifications, and the 2024 harvest specifications will be superseded in early 2024 when the final 2024 and 2025 harvest specifications are published.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 239 (Wednesday, December 14, 2022)</title>
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[Federal Register Volume 87, Number 239 (Wednesday, December 14, 2022)]
[Proposed Rules]
[Pages 76435-76451]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27119]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 221208-0262; RTID 0648-XC365]

Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands; Proposed 2023 and 2024 Harvest Specifications for
Groundfish

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

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

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SUMMARY: NMFS proposes 2023 and 2024 harvest specifications,
apportionments, and prohibited species catch allowances for the
groundfish fisheries of the Bering Sea and Aleutian Islands (BSAI)
management area. This action is necessary to establish harvest limits
for groundfish during the 2023 and 2024 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 2023
harvest specifications supersede those previously set in the final 2022
and 2023 harvest specifications, and the 2024 harvest specifications
will be superseded in early 2024 when the final 2024 and 2025 harvest
specifications are published. The intended effect of this action is to
conserve and manage the groundfish resources in the BSAI in accordance
with the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act).

DATES: Comments must be received by January 13, 2023.

ADDRESSES: Submit your comments, identified by NOAA-NMFS-2022-013, by
either of the following methods:
<bullet> Federal e-Rulemaking Portal: Go to <a href="http://www.regulations.gov/#!docketDetail">www.regulations.gov/#!docketDetail</a>;D=NOAA-NMFS-2022-0094, click the ``Comment'' icon,
complete the required fields, and enter or attach your comments.
<bullet> Mail: Submit written comments to Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region NMFS,
Attn: Records Office. Mail comments to P.O. Box 21668, Juneau, AK
99802-1668.
Instructions: NMFS may not consider comments if they are sent by
any other method, to any other address or individual, or received after
the comment period ends. All comments received are a part of the public
record, and NMFS will post the comments for public viewing on
<a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
is publicly accessible. NMFS will accept anonymous comments (enter ``N/
A'' in the required fields if you wish to remain anonymous).
Electronic copies of the Alaska Groundfish Harvest Specifications
Final Environmental Impact Statement (Final EIS), Record of Decision
(ROD) for the Final EIS, and the annual Supplementary Information
Reports (SIRs) to the Final EIS prepared for this action are available
from <a href="https://www.regulations.gov">https://www.regulations.gov</a>. An updated 2023 SIR for the final
2023 and 2024 harvest specifications will be available from the same
source. The final 2021 Stock Assessment and Fishery Evaluation (SAFE)
report for the groundfish resources of the BSAI, dated November 2021,
is available from the North Pacific Fishery Management Council
(Council) at 1007 West 3rd Ave., Suite 400, Anchorage, Alaska 99501,
phone 907-271-2809, or from the Council's website at <a href="https://www.npfmc.org/">https://www.npfmc.org/</a>. The 2022 SAFE report for the BSAI will be available
from the same source.

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

SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR part 679
implement the FMP and govern the groundfish fisheries in the BSAI. The
Council prepared the FMP, and NMFS approved it, under the Magnuson-
Stevens Act. General regulations governing U.S. fisheries also appear
at 50 CFR part 600.
The FMP and its implementing regulations require that NMFS, after
consultation with the Council, specify annually the total allowable
catch (TAC) for each target species category. The sum of TACs for all
groundfish species in the BSAI must be within the optimum yield (OY)
range of 1.4 million to 2.0 million metric tons (mt) (see Sec. Sec.
679.20(a)(1)(i)(A) and 679.20(a)(2)). Section 679.20(c)(1) further
requires that NMFS publish proposed harvest specifications in the
Federal Register and solicit public comments on proposed annual TACs
and apportionments thereof; prohibited species catch (PSC) allowances;
prohibited species quota (PSQ) reserves established by Sec. 679.21;
seasonal allowances of pollock, Pacific cod, and Atka mackerel TAC;
American Fisheries Act allocations; Amendment 80 allocations; Community
Development Quota (CDQ) reserve amounts established by Sec.
679.20(b)(1)(ii); and acceptable biological catch (ABC) surpluses and
reserves for CDQ groups and Amendment 80 cooperatives for flathead
sole, rock sole, and yellowfin sole. The proposed harvest
specifications set forth in Tables 1 through 15 of this action satisfy
these requirements.
Under Sec. 679.20(c)(3), NMFS will publish the final 2023 and 2024
harvest specifications after (1) considering comments received within
the comment period (see DATES), (2) consulting with the Council at its
December 2022 meeting, (3) considering information presented in the
2023 SIR to the Final EIS that assesses the need to prepare a
Supplemental EIS (see ADDRESSES), and (4) considering information
presented in the final 2022 SAFE report prepared for the 2023 and 2024
groundfish fisheries.

Other Actions Affecting or Potentially Affecting the 2023 and 2024
Harvest Specifications

Halibut Abundance-Based Management for the Amendment 80 Program PSC
Limit

In December 2021, the Council recommended Amendment 123 to the FMP,
which if approved would establish abundance-based management of
Amendment 80 Program PSC for Pacific halibut. The proposed action would
replace the current Amendment 80 sector static halibut PSC limit (1,745
mt) with a process for annually setting

[[Page 76436]]

the Amendment 80 sector halibut PSC limit based on the most recent
halibut abundance estimates from the International Pacific Halibut
Commission setline survey index and the NMFS Alaska Fisheries Science
Center Eastern Bering Sea shelf trawl survey index. The annual process
would be based on a table with pre-established halibut abundance ranges
from those surveys. The annual Amendment 80 sector halibut PSC limit
would be set at the value found at the intercept of the results from
the most recent survey indices. Further details will be available on
publication of the proposed rule to implement Amendment 123. If the FMP
amendment and its implementing regulations are approved by the
Secretary of Commerce, the action is anticipated to be effective in
2024. Until effective, NMFS will continue to use the current Amendment
80 halibut PSC limit listed at Sec. 679.21(b)(1) and published in the
harvest specifications.

Pacific Cod Trawl Cooperative Limited Access Privilege Program

In October 2021, the Council recommended Amendment 122 to the FMP,
which if approved would implement a limited access privilege program
called the Pacific cod Trawl Cooperative (PCTC) Program. The PCTC
Program would allocate quota share (QS) to groundfish License
Limitation Program license holders and to processors based on history
during the qualifying years. Under this program, QS holders would be
required to join cooperatives annually. Cooperatives would be allocated
the BSAI trawl catcher vessel sector's A and B season Pacific cod
allocations as an exclusive harvest privilege in the form of
cooperative quota, equivalent to the aggregate QS of all cooperative
members. NMFS anticipates that the regulations at Sec.
679.20(a)(7)(viii) will be removed through implementation of the PCTC
Program, if approved. Further details will be available on publication
of the proposed rule to implement Amendment 122. If the FMP amendment
and its implementing regulations are approved by the Secretary of
Commerce, the action is anticipated to be effective in 2024. Until
effective, NMFS will continue the current management of the BSAI trawl
catcher vessel Pacific cod allocation.

State of Alaska Guideline Harvest Levels

For 2023 and 2024, the Board of Fisheries (BOF) for the State of
Alaska (State) established the guideline harvest level (GHL) for
vessels using pot, longline, jig, and hand troll gear in State waters
in the State's Aleutian Islands (AI) State waters sablefish
registration area that includes all State waters west of Scotch Cap
Light (164[deg] 44.72' W longitude) and south of Cape Sarichef (54[deg]
36' N latitude). The 2023 AI GHL is set at 5 percent of the combined
2023 BS and AI ABC (716 mt). The State's AI sablefish registration area
includes areas adjacent to parts of the Federal Bering Sea subarea
(BS). Since most of the State's 2023 and 2024 GHL sablefish fishery is
expected to occur in State waters adjacent to the BS, the Council and
its BSAI Groundfish Plan Team (Plan Team), Scientific and Statistical
Committee (SSC), and Advisory Panel (AP) recommended that the sum of
all State and Federal waters sablefish removals from the BS not exceed
the proposed ABC recommendations for sablefish in the BS. Accordingly,
the Council recommended, and NMFS proposes, that the 2023 and 2024
sablefish TACs in the BS account for the State's GHLs for sablefish
caught in State waters.
For 2023 and 2024, the BOF for the State established the GHL for
vessels using pot gear in State waters in the BS. The 2022 BS GHL was
set at 11 percent of the 2022 BS ABC (87 FR 11626, March 2, 2022). The
State's pot gear BS GHL will increase 1 percent annually up to 15
percent of the BS ABC, if at least 90 percent of the GHL is harvested
by November 15 of the preceding year. In 2022, 90 percent of the GHL
was harvested by November 15, 2022, which triggers a 1 percent increase
in the GHL in 2023 and results in a 2023 GHL of 12 percent of the
proposed Pacific cod BS ABC. If at least 90 percent of the 2023 BS GHL
is not harvested by November 15, 2023, then the 2024 BS GHL will remain
at the same percent (12 percent) as the 2023 BS GHL. If 90 percent of
the 2023 BS GHL is harvested by November 15, 2023, then the 2024 BS GHL
will increase by 1 percent and the 2024 BS TAC will be set to account
for the increased BS GHL. Also, for 2023 and 2024, the BOF established
an additional GHL for vessels using jig gear in State waters in the BS
equal to 45 mt of Pacific cod. The Council and its BSAI Plan Team, SSC,
and AP recommended that the sum of all State and Federal waters Pacific
cod removals from the BS not exceed the proposed ABC recommendations
for Pacific cod in the BS. Accordingly, the Council recommended, and
NMFS proposes, that the 2023 and 2024 Pacific cod TACs in the BS
account for the State's GHLs for Pacific cod caught in State waters.
For 2023 and 2024, the BOF for the State established the GHL in
State waters in the Aleutian Islands subarea (AI). In 2022, 90 percent
of the GHL has been harvested by November 15, 2022, and results in a
2023 GHL of 39 percent of the proposed Pacific cod AI ABC. The AI GHL
may not exceed 39 percent of the AI ABC or 15 million pounds (6,804
mt). In 2023, 39 percent of the proposed 2023 and 2024 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 waters Pacific cod removals from the AI not exceed the proposed
ABC recommendations for Pacific cod in the AI. Accordingly, the Council
recommended, and NMFS proposes, that the 2023 and 2024 Pacific cod TACs
in the AI account for the State's GHL of 6,804 mt for Pacific cod
caught in State waters. This change results in a total TAC for the
proposed 2023 and 2024 harvest specifications of 1,999,284 mt.

Proposed ABC and TAC Harvest Specifications

In October 2022, the Council's SSC, its AP, and the Council
reviewed the most recent biological and harvest information on the
condition of the BSAI groundfish stocks. The Plan Team compiled and
presented this information in the final 2021 SAFE report for the BSAI
groundfish fisheries, dated November 2021 (see ADDRESSES). The final
2022 SAFE report, including individual stock assessments, will be
available from the same source (see ADDRESSES) and from <a href="https://www.fisheries.noaa.gov/alaska/population-assessments/north-pacific-groundfish-stock-assessment-and-fishery-evaluation">https://www.fisheries.noaa.gov/alaska/population-assessments/north-pacific-groundfish-stock-assessment-and-fishery-evaluation</a>.
The proposed 2023 and 2024 harvest specifications are based on the
final 2023 harvest specifications published in March 2022 (87 FR 11626,
March 2, 2022), which were set after consideration of the most recent
2021 SAFE report, and are partially updated with initial survey data
that were presented at the September 2022 Plan Team meeting. The
proposed 2023 and 2024 harvest specifications in this action are
subject to change in the final harvest specifications to be published
by NMFS following the Council's December 2022 meeting.
In November 2022, the Plan Team will update the 2021 SAFE report to
include new information collected during 2022, such as NMFS stock
surveys, revised stock assessments, and catch data. The Plan Team will
compile this information and present the draft 2022 SAFE report at the
December 2022 Council meeting. At that meeting, the SSC and the Council
will review the 2022 SAFE report, and the Council will approve the 2022
SAFE report. The

[[Page 76437]]

Council will consider information in the 2022 SAFE report,
recommendations from the November 2022 Plan Team meeting and December
2022 SSC and AP meetings, public testimony, and relevant written
comments in making its recommendations for the final 2023 and 2024
harvest specifications. Pursuant to Sec. 679.20(a)(2) and (3), the
Council could recommend adjusting the final TACs if warranted based on
the biological condition of groundfish stocks or a variety of
socioeconomic considerations, or if required to cause the sum of TACs
to fall within the OY range.

Expectation for Potential Changes Between What Is in These Proposed
Specifications and What Will Be in the Final Specifications

In previous years, the most significant changes (relative to the
amount of assessed tonnage of fish) to the Overfishing Levels (OFLs)
and ABCs from the proposed to the final harvest specifications have
been based on the most recent NMFS stock surveys. These surveys provide
updated estimates of stock biomass and spatial distribution, and inform
changes to the models or the models' results used for producing stock
assessments. Any changes to models used in stock assessments will be
recommended by the Plan Team in November 2022, reviewed by the SSC in
December 2022, and then included in the final 2022 SAFE report. Model
changes can result in changes to final OFLs, ABCs, and TACs. The final
2022 SAFE report will include the most recent information, such as
catch data.
The final harvest specification amounts for these stocks are not
expected to vary greatly from these proposed harvest specification
amounts. If the 2022 SAFE report indicates that the stock biomass trend
is increasing for a species, then the final 2023 and 2024 harvest
specifications may reflect an increase from the proposed harvest
specifications. Conversely, if the 2022 SAFE report indicates that the
stock biomass trend is decreasing for a species, then the final 2023
and 2024 harvest specifications may reflect a decrease from the
proposed harvest specifications. In addition to changes driven by
biomass trends, there may be changes in TACs due to the sum of ABCs
exceeding 2 million mt. Since the regulations require TACs to be set to
an OY between 1.4 and 2 million mt, the Council may be required to
recommend TACs that are lower than the ABCs recommended by the Plan
Team and the SSC, if setting all TACs equal to ABCs would cause the sum
of TACs to exceed an OY of 2 million mt. Generally, total ABCs greatly
exceed 2 million mt in years with a large pollock biomass. For both
2023 and 2024, NMFS anticipates that the sum of the final ABCs will
exceed 2 million mt. NMFS expects that the final TACs for the BSAI for
both 2023 and 2024 will be close to or equal 2 million mt each year.
The proposed 2023 and 2024 OFLs and ABCs are based on the best
available biological and scientific information, including projected
biomass trends, information on assumed distribution of stock biomass,
and revised technical methods used to calculate stock biomass. The FMP
specifies a series of six tiers to define OFLs and ABCs based on the
level of reliable information available to fishery scientists. Tier 1
represents the highest level of information quality available, while
Tier 6 represents the lowest. The proposed 2023 and 2024 TACs are based
on the best available biological and socioeconomic information.
In October 2022, the SSC adopted the proposed 2023 and 2024 OFLs
and ABCs recommended by the Plan Team for all groundfish. The Council
adopted the SSC's OFL and ABC recommendations. The OFL and ABC amounts
are unchanged from the final 2023 harvest specifications published in
the Federal Register on March 2, 2022 (87 FR 11626). The sum of the
proposed 2023 and 2024 ABCs for all assessed groundfish is 2,626,251
mt. The sum of the proposed TACs is 1,999,284 mt.

Specification and Apportionment of TAC Amounts

The Council recommended proposed 2023 and 2024 TACs that are equal
to the proposed ABCs for 2023 and 2024 BS pollock, AI sablefish, BS and
AI Greenland turbot, BSAI Kamchatka flounder, Central AI Atka mackerel,
BS and Eastern AI Atka mackerel, BS Pacific ocean perch, Central AI
Pacific ocean perch, Eastern AI Pacific ocean perch, BS and Eastern AI
blackspotted and rougheye rockfish, Central AI and Western AI
blackspotted and rougheye rockfish, BSAI shortraker rockfish, and BS
and AI ``other rockfish.'' The Council recommended proposed TACs less
than the respective proposed ABCs for all other species. Section
679.20(a)(5)(iii)(B)(1) requires the AI pollock TAC to be set at 19,000
mt when the AI pollock ABC equals or exceeds 19,000 mt. The Bogoslof
pollock TAC is set to accommodate incidental catch amounts. TACs are
set so that the sum of the overall TAC does not exceed the BSAI OY.
The proposed groundfish OFLs, ABCs, and TACs are subject to change
pending the completion of the final 2022 SAFE report, public comment,
and the Council's recommendations for the final 2023 and 2024 harvest
specifications during its December 2022 meeting. These proposed amounts
are consistent with the biological condition of groundfish stocks as
described in the 2021 SAFE report. The proposed ABCs reflect harvest
amounts that are less than the specified overfishing levels. The
proposed TACs have been adjusted for other biological information and
socioeconomic considerations, including maintaining the entire TAC
within the required OY range. Pursuant to Section 3.2.3.4.1 of the FMP,
the Council could recommend adjusting the final TACs ``if warranted on
the basis of bycatch considerations, management uncertainty, or
socioeconomic considerations; or if required in order to cause the sum
of the TACs to fall within the OY range.'' Table 1 lists the proposed
2023 and 2024 OFL, ABC, TAC, initial TAC (ITAC), and CDQ amounts for
groundfish for the BSAI. The proposed apportionment of TAC amounts
among fisheries and seasons is discussed below.

Table 1--Proposed 2023 and 2024 Overfishing Level (OFL), Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), and CDQ
Reserve Allocation of Groundfish in the BSAI \1\
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Proposed 2023 and 2024
-----------------------------------------------------------------------------------------------
Species Area Nonspecified
OFL ABC TAC ITAC \2\ CDQ 3 4 reserves
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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 ..............

[[Page 76438]]

Sablefish......................... Alaska-wide......... 42,520 36,318 n/a n/a n/a
BS.................. n/a 6,529 5,813 2,471 218 218
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 \6\..................... BSAI................ 280,621 271,199 55,000 49,115 5,885 ..............
Flathead sole \7\................. 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 \8\................ 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 \9\ BSAI................ 615 517 517 439 .............. 78
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\10\................ 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
Octopuses......................... BSAI................ 4,769 3,576 700 595 .............. 105
-----------------------------------------------------------------------------------------------
Total......................... .................... 3,253,770 2,626,251 1,999,284 1,780,731 191,890 17,917
--------------------------------------------------------------------------------------------------------------------------------------------------------
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).
\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 the 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 nonspecified reserve.
The ITAC for these species is the remainder of the TAC after subtraction of the reserves. For pollock and Amendment 80 species, ITAC is the non-CDQ
allocation of TAC (see footnote 3 and 4).
\3\ For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 10.7
percent of the TAC is reserved for use by CDQ participants (see Sec. Sec. 679.20(b)(1)(ii)(C) and 679.31). 20 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 BSAI arrowtooth flounder are reserved for use by CDQ participants (see Sec. 679.20(b)(1)(ii)(B) and (D)). The 2024 hook-and-
line or pot gear portion of the sablefish ITAC and CDQ reserve will not be specified until the final 2024 and 2025 harvest specifications. Aleutian
Islands Greenland turbot, ``other flatfish,'' Alaska plaice, Bering Sea Pacific ocean perch, Kamchatka flounder, northern rockfish, shortraker
rockfish, blackspotted and rougheye rockfish, ``other rockfish,'' skates, sharks, and octopuses are not allocated to the CDQ Program.
\4\ Under Sec. 679.20(a)(5)(i)(A), the annual BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second
for the incidental catch allowance (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 Aleutian Islands (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 proposed 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 proposed 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, unless the State guideline harvest level would exceed 15 million pounds (6,804 mt), in which case the TAC is set to account
for the maximum authorized 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.

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

Section 679.20(b)(1)(i) requires NMFS to reserve 15 percent of the
TAC for each target species category (except for pollock, hook-and-line
and pot gear allocation of sablefish, and Amendment 80 species) in a
nonspecified reserve. Section 679.20(b)(1)(ii)(B) requires that NMFS
allocate 20 percent of the 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 allocation of sablefish and 10.7 percent of BS Greenland
turbot and BSAI arrowtooth flounder TACs to the respective CDQ
reserves. Section 679.20(b)(1)(ii)(C) requires that NMFS

[[Page 76439]]

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) require allocation of 10
percent of the BS pollock TAC to the pollock CDQ directed fishing
allowance (DFA). Sections 679.20(a)(5)(iii)(B)(2)(i) and 679.31(a)
require 10 percent of the AI pollock TAC be allocated to the pollock
CDQ DFA. The entire Bogoslof District pollock TAC is allocated as an
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
reserves by gear.
Pursuant to Sec. 679.20(a)(5)(i)(A)(1), NMFS proposes a pollock
ICA of 4.27 percent of the BS pollock TAC after subtracting the 10
percent CDQ DFA. This allowance is based on NMFS's examination of the
pollock incidentally retained and discarded catch, including the
incidental catch by CDQ vessels, in target fisheries other than pollock
from 2000 through 2022. During this 23-year period, the pollock
incidental catch ranged from a low of 2.2 percent in 2006 to a high of
4.6 percent in 2014, with a 23-year average of 3 percent. Pursuant to
Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS proposes a pollock ICA
of 15 percent or 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 2022.
During this 20-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 20-
year average of 9 percent.
After subtracting the 10.7 percent CDQ reserve and pursuant to
Sec. 679.20(a)(8) and (10), NMFS proposes ICAs of 3,000 mt of flathead
sole, 6,000 mt of rock sole, 4,000 mt of yellowfin sole, 10 mt of
Western Aleutian District Pacific ocean perch, 60 mt of Central
Aleutian District Pacific ocean perch, 100 mt of Eastern Aleutian
District Pacific ocean perch, 20 mt of Western Aleutian District Atka
mackerel, 75 mt of Central Aleutian District Atka mackerel, and 800 mt
of Eastern Aleutian District and BS Atka mackerel. These ICAs are based
on NMFS's examination of the incidental catch in other target fisheries
from 2003 through 2022.
The regulations do not designate the remainder of the nonspecified
reserve by species or species group. Any amount of the reserve may be
apportioned to a target species that contributed to the nonspecified
reserve during the year, provided that such apportionments are
consistent with Sec. 679.20(a)(3) and do not result in overfishing
(see Sec. 679.20(b)(1)(i)). In the final 2023 and 2024 harvest
specifications, NMFS will evaluate whether any apportionments are
necessary and may apportion from the nonspecified reserve to increase
the ITAC for any target species that contributed to the reserve.

Allocations of Pollock TAC Under the American Fisheries Act (AFA)

Section 679.20(a)(5)(i)(A) requires that BS pollock TAC be
apportioned as a DFA, after subtracting 10 percent for the CDQ Program
and 4.27 percent for the ICA, as follows: 50 percent to the inshore
sector, 40 percent to the catcher/processor (CP) sector, and 10 percent
to the mothership sector. In the BS, 45 percent of the DFAs are
allocated to the A season (January 20 to June 10), and 55 percent of
the DFAs are allocated to the B season (June 10 to November 1)
(Sec. Sec. 679.20(a)(5)(i)(B)(1) and 679.23(e)(2)). The AI directed
pollock fishery allocation to the Aleut Corporation is the amount of
pollock TAC remaining in the AI after subtracting 1,900 mt for the CDQ
DFA (10 percent), and 2,500 mt for the ICA (Sec.
679.20(a)(5)(iii)(B)(2)). In the AI, the total A season apportionment
of the pollock TAC (including the AI directed fishery allocation, the
CDQ DFA, and the ICA) may not exceed 40 percent of the ABC for AI
pollock, and the remainder of the pollock TAC is allocated to the B
season (Sec. 679.20(a)(5)(iii)(B)(3)). Table 2 lists these proposed
2023 and 2024 amounts. Within any fishing year, any under harvest or
over harvest of a seasonal allowance may be added to or subtracted from
a subsequent seasonal allowance (Sec. Sec. 679.20(a)(5)(i)(B)(2) and
679.20(a)(5)(iii)(B)(3)(iii)).
Section 679.20(a)(5)(iii)(B)(6) sets harvest limits for pollock in
the A season (January 20 to June 10) in Areas 543, 542, and 541. In
Area 543, the A season pollock harvest limit is no more than 5 percent
of the AI pollock ABC. In Area 542, the A season pollock harvest limit
is no more than 15 percent of the AI pollock ABC. In Area 541, the A
season pollock harvest limit is no more than 30 percent of the AI
pollock ABC.
Section 679.20(a)(5)(i)(A)(4) includes several specific
requirements regarding BS pollock allocations. First, it requires that
8.5 percent of the pollock allocated to the CP sector be available for
harvest by AFA catcher vessels (CVs) with CP sector endorsements,
unless the Regional Administrator receives a cooperative contract that
allows the distribution of harvest among AFA CPs and AFA CVs in a
manner agreed to by all members. Second, AFA CPs not listed in the AFA
are limited to harvesting no more than 0.5 percent of the pollock
allocated to the CP sector. Table 2 lists the proposed 2023 and 2024
allocations of pollock TAC. Tables 13, 14, and 15 list the AFA CP and
CV harvesting sideboard limits. The BS inshore pollock cooperative and
open access sector allocations are based on the submission of AFA
inshore cooperative applications due to NMFS on December 1 of each
calendar year. Because AFA inshore cooperative applications for 2023
have not been submitted to NMFS, and NMFS therefore cannot calculate
2023 allocations, NMFS has not included inshore cooperative tables in
these proposed harvest specifications. NMFS will post the 2023 AFA
inshore pollock cooperative and open access sector allocations on the
Alaska Region website at <a href="https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports">https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports</a> prior to the
start of the fishing year on January 1, 2023, based on the harvest
specifications effective on that date.
Table 2 also lists proposed seasonal apportionments of pollock and
harvest limits within the Steller Sea Lion Conservation Area (SCA). The
harvest of pollock within the SCA, as defined at Sec.
679.22(a)(7)(vii), is limited to no more than 28 percent of the annual
pollock DFA before 12 p.m. (noon), April 1, as provided in Sec.
679.20(a)(5)(i)(C). The A season pollock SCA harvest limit will be
apportioned to each sector in proportion to each sector's allocated
percentage of the DFA.

[[Page 76440]]

Table 2--Proposed 2023 and 2024 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ
Directed Fishing Allowances (DFA) \1\
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
A season \1\
2023 and 2024 -----------------------------------------------
Area and sector allocations SCA harvest
A season DFA limit \2\ B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC......................... 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 DFA (non-CDQ)................. 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................... 19,000 n/a n/a n/a
CDQ DFA........................................ 1,900 760 n/a 1,140
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
Bogoslof District ICA \8\...................... 250 n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the annual Bering Sea subarea pollock TAC, after subtracting the CDQ
DFA (10 percent) and the ICA (4.27 percent), is allocated as a DFA as follows: inshore sector--50 percent,
catcher/processor sector (CPs)--40 percent, and mothership sector--10 percent. In the Bering Sea subarea, 45
percent of the DFAs are allocated to the A season (January 20-June 10) and 55 percent of the DFAs are
allocated to the B season (June 10-November 1). Pursuant to Sec. 679.20(a)(5)(iii)(B)(2), the annual AI
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 directed pollock fishery. In the AI subarea, the A season is
allocated no more than 40 percent of the AI pollock ABC.
\2\ In the Bering Sea subarea, pursuant to Sec. 679.20(a)(5)(i)(C), no more than 28 percent of each sector's
annual DFA may be taken from the SCA before noon, April 1.
\3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), 8.5 percent of the allocation to listed CPs shall be available for
harvest only by eligible catcher vessels with a CP endorsement delivering to listed CPs, unless there is a CP
sector cooperative for the year.
\4\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted CPs are limited to harvesting no more than
0.5 percent of the C/P sector's allocation of pollock.
\5\ Pursuant to Sec. 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
percent of the sum of the non-CDQ pollock DFAs.
\6\ Pursuant to Sec. 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30
percent of the sum of the non-CDQ pollock DFAs.
\7\ Pursuant to Sec. 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
Area 541 no more than 30 percent, in Area 542 no more than 15 percent, and in Area 543 no more than 5 percent
of the Aleutian Islands pollock ABC.
\8\ Pursuant to Sec. 679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The
amounts specified are for incidental catch only and are not apportioned by season or sector.

Allocation of the Atka Mackerel TACs

Section 679.20(a)(8) allocates the Atka mackerel TACs to the
Amendment 80 and BSAI trawl limited access sectors, after subtracting
the CDQ reserves, ICAs for the BSAI trawl limited access sector and
non-trawl gear sectors, and the jig gear allocation (Table 3). The
percentage of the ITAC for Atka mackerel allocated to the Amendment 80
and BSAI trawl limited access sectors is listed in Table 33 to 50 CFR
part 679 and in Sec. 679.91. Pursuant to Sec. 679.20(a)(8)(i), up to
2 percent of the Eastern Aleutian District and Bering Sea subarea Atka
mackerel TAC may be allocated to vessels using jig gear. The percentage
of this allocation is recommended annually by the Council based on
several criteria, including the anticipated harvest capacity of the jig
gear fleet. The Council recommended, and NMFS proposes, a 0.5 percent
allocation of the Atka mackerel TAC in the Eastern Aleutian District
and Bering Sea subarea to jig gear in 2023 and 2024.
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 trawl CDQ Atka mackerel fishing. Within any
fishing year, any under harvest or over harvest of a seasonal allowance
may be added to or subtracted from a subsequent seasonal allowance
(Sec. 679.20(a)(8)(ii)(B)). The ICA and jig gear allocations are not
apportioned by season.
Section 679.20(a)(8)(ii)(C)(1)(i) and (ii) limits Atka mackerel
catch within waters 0 nautical miles (nmi) to 20 nmi of Steller sea
lion sites listed in Table 6 to 50 CFR part 679 and located west of
178[deg] W longitude to no more than 60 percent of the annual TACs in
Areas 542 and 543, and equally divides the annual TAC 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 nm to 20 nmi of Steller sea lion sites listed
in Table

[[Page 76441]]

6 to 50 CFR part 679 and located in Areas 541, 542, and 543.
Table 3 below lists the proposed 2023 and 2024 Atka mackerel season
allowances, area allowances, and the sector allocations. One Amendment
80 cooperative has formed for the 2023 fishing year. Because all
Amendment 80 vessels are part of the cooperative, no allocation to the
Amendment 80 limited access sector is required for 2023. The 2024
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,
2023. NMFS will post the 2024 Amendment 80 cooperatives and Amendment
80 limited access sector allocations on the Alaska Region website at
<a href="https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska">https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska</a> prior to the start of the fishing year on
January 1, 2024, based on the harvest specifications effective on that
date.

Table 3--Proposed 2023 and 2024 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch
Allowance (ICA), and Amendment 80 Allocations of the BSAI Atka Mackerel TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2023 and 2024 allocation by area
-----------------------------------------------
Eastern
Sector \1\ Season \2\ \3\ \4\ Aleutian Central Western
District/ Aleutian Aleutian
Bering Sea 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 \5\.... n/a 497 658
B....................... 1,338 828 1,096
Critical habitat \5\.... n/a 497 658
non-CDQ TAC........................... n/a..................... 22,325 13,815 18,296
ICA................................... Total................... 800 75 20
Jig \6\............................... Total................... 108 .............. ..............
BSAI trawl limited access............. Total................... 2,142 1,374 ..............
A....................... 1,071 687 ..............
Critical habitat \5\.... n/a 412 ..............
B....................... 1,071 687 ..............
Critical habitat \5\.... n/a 412 ..............
Amendment 80 \7\...................... Total................... 19,276 12,366 18,276
A....................... 9,638 6,183 9,138
Critical habitat \5\.... n/a 3,710 5,483
B....................... 9,638 6,183 9,138
Critical habitat \5\.... 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 the
jig gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for
Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50 CFR
part 679 and Sec. 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec.
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 protection areas; Sec. 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 Sec. 679.20(a)(8)(ii)(C)(2)
requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
\6\ Sections 679.2 and 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian District and Bering
Sea subarea TAC be allocated to jig gear after subtraction of the CDQ reserves and ICAs. The proposed amount
of this allocation is 0.5 percent. The jig gear allocation is not apportioned by season.
\7\ The 2024 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,
2023.

Allocation of the Pacific Cod TAC

The Council separated BS and AI subarea OFLs, ABCs, and TACs for
Pacific cod in 2014 (79 FR 12108, March 4, 2014). Section
679.20(b)(1)(ii)(C) allocates 10.7 percent of the BS TAC and the AI TAC
to the CDQ Program. After CDQ allocations have been deducted from the
respective BS and AI Pacific cod TACs, the remaining BS and AI Pacific
cod TACs are combined for calculating further BSAI Pacific cod sector
allocations. If the non-CDQ Pacific cod TAC is or will be reached in
either the BS or the AI subareas, NMFS will prohibit directed fishing
for non-CDQ Pacific cod in that subarea, as provided in Sec.
679.20(d)(1)(iii).
Section 679.20(a)(7)(ii) allocates to the non-CDQ sectors the
combined BSAI Pacific cod TAC, after subtracting 10.7 percent for the
CDQ Program, as follows: 1.4 percent to vessels using jig gear, 2.0
percent to hook-and-line or pot CVs less than 60 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 the Amendment 80
sector, and 22.1 percent to trawl CVs. During the fishing year, NMFS
may reallocate unharvested Pacific cod among sectors, consistent with
the reallocation hierarchy set forth at Sec. 679.20(a)(7)(iii). The
BSAI ICA for the hook-and-line and pot sectors will be deducted from
the aggregate portion of BSAI Pacific cod TAC allocated to the hook-
and-line and pot sectors. For 2023 and 2024, the Regional Administrator
proposes a BSAI ICA of 400 mt, based on anticipated incidental catch by
these sectors in other fisheries.

[[Page 76442]]

The BSAI ITAC allocation of Pacific cod to the Amendment 80 sector
is established in Table 33 to 50 CFR part 679 and Sec. 679.91. One
Amendment 80 cooperative has formed for the 2023 fishing year. Because
all Amendment 80 vessels are part of the cooperative, no allocation to
the Amendment 80 limited access sector is required for 2023. The 2024
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,
2023. NMFS will post the 2024 Amendment 80 cooperatives and Amendment
80 limited access allocations on the Alaska Region website at <a href="https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska">https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska</a> prior to the start of the fishing year on January 1,
2024, based on the harvest specifications effective on that date.
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)). Table 4 lists the non-CDQ sector and seasonal
allowances. In accordance with Sec. 679.20(a)(7)(iv)(B) and (C), any
unused portion of a non-CDQ Pacific cod seasonal allowance for any
sector, except the jig sector, will become available at the beginning
of that sector's next seasonal allowance. Section 679.20(a)(7)(i)(B)
sets forth the CDQ Pacific cod gear allowances by season, and CDQ
groups are prohibited from exceeding those seasonal allowances (Sec.
679.7(d)(6)).
Section 679.20(a)(7)(vii) requires that the Regional Administrator
establish an Area 543 Pacific cod harvest limit based on Pacific cod
abundance in Area 543 as determined by the annual stock assessment
process. Based on the 2021 stock assessment, the Regional Administrator
has preliminarily determined for 2023 and 2024 that the estimated
amount of Pacific cod abundance in Area 543 is 15.7 percent of total AI
abundance. NMFS will first subtract the State GHL Pacific cod amount
from the AI Pacific cod ABC. Then NMFS will determine the harvest limit
in Area 543 by multiplying the percentage of Pacific cod estimated in
Area 543 (15.7 percent) by the remaining ABC for AI Pacific cod. Based
on these calculations, which rely on the 2021 stock assessment, the
proposed Area 543 harvest limit is 2,166 mt. However, the final Area
543 harvest limit could change if the Pacific cod abundance in Area 543
changes based on the stock assessment in the final 2022 SAFE report.
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
proposed rule is not specifying amounts for the AI Pacific Cod Catcher
Vessel Harvest Set-Aside Program (see Sec. 679.20(a)(7)(viii)). NMFS
anticipates that in 2024 the regulations at Sec. 679.20(a)(7)(viii)
will be removed through implementation of the PCTC Program in a
proposed rule to implement Amendment 122, if that action is approved by
the Secretary (described above in Other Actions Affecting or
Potentially Affecting the 2023 and 2024 Harvest Specifications).
Based on the proposed 2023 and 2024 Pacific cod TACs, Table 4 lists
the CDQ and non-CDQ TAC amounts; non-CDQ seasonal allowances by gear;
the sector allocations of Pacific cod; and the seasons set forth at
Sec. 679.23(e)(5).

Table 4--Proposed 2023 and 2024 Sector Allocations and Seasonal Allowances of the BSAI1 Pacific Cod TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2023 and 2024 seasonal
2023 and 2024 2023 and 2024 apportionment
Sector Percent share of gear share of -------------------------------
sector total sector total Season Amount
----------------------------------------------------------------------------------------------------------------
Total Bering Sea TAC............ n/a 133,459 n/a n/a................ n/a
Bering Sea CDQ.................. n/a 14,280 n/a See Sec. n/a
679.20(a)(7)(i)(B).
Bering Sea non-CDQ TAC.......... n/a 119,179 n/a n/a................ n/a
Total Aleutian Islands TAC...... n/a 13,796 n/a n/a................ n/a
Aleutian Islands CDQ............ n/a 1,476 n/a See Sec. n/a
679.20(a)(7)(i)(B).
Aleutian Islands non-CDQ TAC.... n/a 12,320 n/a n/a................ n/a
Western Aleutians Islands Limit. n/a 2,166 n/a n/a................ n/a
Total BSAI non-CDQ TAC \1\...... 100.0 131,499 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 n/a 400 n/a................ n/a
Hook-and-line/pot sub-total..... n/a 79,551 n/a n/a................ n/a
Hook-and-line catcher/processors 48.7 n/a 63,719 Jan-1-Jun 10....... 32,497
Jun 10-Dec 31...... 31,223
Hook-and-line catcher vessels 0.2 n/a 262 Jan 1-Jun 10....... 133
<=60 ft LOA.
Jun 10-Dec 31...... 128
Pot catcher/processors.......... 1.5 n/a 1,963 Jan 1-Jun 10....... 1,001
Sept 1-Dec 31...... 962
Pot catcher vessels >=60 ft LOA. 8.4 n/a 10,991 Jan 1-Jun 10....... 5,605
Sept-1-Dec 31...... 5,385
Catcher vessels <60 ft LOA using 2.0 n/a 2,617 n/a................ n/a
hook-and-line or pot gear.
Trawl catcher vessels........... 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/processors.... 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

[[Page 76443]]

Jun 10-Dec 31...... .........
Jig............................. 1.4 1,841 n/a Jan 1-Apr 30....... 1,105
Apr 30-Aug 31...... 368
Aug 31-Dec 31...... 368
----------------------------------------------------------------------------------------------------------------
Note: Seasonal or sector apportionments may not total precisely due to rounding.
\1\ The sector allocations and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and
AI Pacific cod TACs, after subtraction of the reserve for the CDQ Program. If the TAC for Pacific cod in
either the BS or AI is or will be reached, then directed fishing will be prohibited for non-CDQ Pacific cod in
that subarea, even if a BSAI allowance remains (Sec. 679.20(d)(1)(iii)).
\2\ The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC
allocated to the hook-and-line and pot sectors. The Regional Administrator proposes an ICA of 400 mt based on
anticipated incidental catch by these sectors in other fisheries.

Sablefish Gear Allocation

Section 679.20(a)(4)(iii) and (iv) require allocation of sablefish
TAC for the BS and AI between trawl gear and hook-and-line or pot gear.
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 apportion 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 7.5 percent of the
trawl gear allocation of sablefish TAC from the nonspecified reserve,
established under Sec. 679.20(b)(1)(i), be apportioned to the CDQ
reserve. The Council recommended that only trawl sablefish TAC be
established biennially. The harvest specifications for the hook-and-
line or pot gear sablefish Individual Fishing Quota (IFQ) fisheries are
limited to the 2023 fishing year to ensure those fisheries are
conducted concurrently with the halibut IFQ fishery. Concurrent
sablefish and halibut IFQ fisheries reduce the potential for discards
of halibut and sablefish in those fisheries. The sablefish IFQ
fisheries remain closed at the beginning of each fishing year until the
final harvest specifications for the sablefish IFQ fisheries are in
effect. Table 5 lists the proposed 2023 and 2024 gear allocations of
the sablefish TAC and CDQ reserve amounts.

Table 5--Proposed 2023 and 2024 Gear Shares and CDQ Reserve of BSAI Sablefish TACS
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023 Share of 2023 CDQ 2024 Share of 2024 CDQ
Subarea and gear Percent of TAC TAC 2023 ITAC \1\ reserve TAC 2024 ITAC reserve
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea:
Trawl............................... 50 2,907 2,471 218 2,907 2,471 218
Hook-and-line gear/pot \2\.......... 50 2,907 n/a 581 n/a n/a n/a
---------------------------------------------------------------------------------------------------------------
Total........................... 100 5,813 2,471 799 2,907 2,471 218
--------------------------------------------------------------------------------------------------------------------------------------------------------
Aleutian Islands:
Trawl............................... 25 1,947 1,655 146 1,947 1,655 146
Hook-and-line gear/pot \2\.......... 75 5,840 n/a 1,168 n/a n/a n/a
---------------------------------------------------------------------------------------------------------------
Total........................... 100 7,786 1,655 1,314 1,947 1,655 146
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Seasonal or sector apportionments may not total precisely due to rounding.
\1\ For the sablefish TAC allocated to vessels using trawl gear, 15 percent of TAC is apportioned to the nonspecified reserve (Sec. 679.20(b)(1)(i)).
The ITAC is the remainder of the TAC after the subtraction of this reserve. In the BS and AI, 7.5 percent of the trawl gear allocation of TAC is
assigned from the nonspecified reserve to the CDQ reserve (Sec. 679.20(b)(1)(ii)(D)(1)).
\2\ For the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the allocated TAC is reserved for use by CDQ participants
(Sec. 679.20(b)(1)(ii)(B)). The Council recommended that specifications for the hook-and-line and pot gear sablefish IFQ fisheries be limited to 1
year.

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

Section 679.20(a)(10)(i) and (ii) require that NMFS allocate AI
Pacific ocean perch, and BSAI flathead sole, rock sole, and yellowfin
sole TACs between the Amendment 80 sector and the BSAI trawl limited
access sector, after subtracting 10.7 percent for the CDQ reserves and
amounts for ICAs for the BSAI trawl limited access sector and vessels
using non-trawl gear. The allocation of the ITAC for AI Pacific ocean
perch, and BSAI flathead sole, rock sole, and yellowfin sole to the
Amendment 80 sector is established in Tables 33 and 34 to 50 CFR part
679 and in Sec. 679.91.
One Amendment 80 cooperative has formed for the 2023 fishing year.
Because all Amendment 80 vessels are part of the cooperative, no
allocation to the Amendment 80 limited access sector

[[Page 76444]]

is required for 2023. The 2024 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, 2023. NMFS will post the
2024 Amendment 80 cooperatives and Amendment 80 limited access sector
allocations on the Alaska Region website at <a href="https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska">https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska</a> prior to the start of the fishing year on January 1,
2024, based on the harvest specifications effective on that date. Table
6 lists the proposed 2023 and 2024 allocations of the AI Pacific ocean
perch, and BSAI flathead sole, rock sole, and yellowfin sole TACs.

Table 6--Proposed 2023 and 2024 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAs), and Amendment 80 Allocations of the
Aleutian Islands Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACs
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023 and 2024 allocations
-----------------------------------------------------------------------------------------------
Pacific ocean perch Flathead sole Rock sole Yellowfin sole
Sector -----------------------------------------------------------------------------------------------
Eastern Central Western
Aleutian Aleutian Aleutian BSAI BSAI BSAI
District District District
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC..................................................... 7774 5722 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 sector........................ 684 505 187 .............. .............. 45,498
Amendment 80 \1\........................................ 6,158 4,545 9,179 19,772 43,115 155,892
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The 2024 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, 2023.

Section 679.2 defines the ABC surplus for flathead sole, rock sole,
and yellowfin sole as the difference between the annual ABC and TAC for
each species. Section 679.20(b)(1)(iii) establishes ABC reserves for
flathead sole, rock sole, and yellowfin sole. The ABC surpluses and the
ABC reserves are necessary to mitigate the operational variability,
environmental conditions, and economic factors that may constrain the
CDQ groups and the Amendment 80 cooperatives from fully harvesting
their allocations and to improve the likelihood of achieving and
maintaining, on a continuing basis, the optimum yield in the BSAI
groundfish fisheries. NMFS, after consultation with the Council, may
set the ABC reserve at or below the ABC surplus for each species, thus
maintaining the TAC at or below ABC limits. An amount equal to 10.7
percent of the ABC reserves will be allocated as CDQ ABC reserves for
flathead sole, rock sole, and yellowfin sole. Section 679.31(b)(4)
establishes the annual allocations of CDQ ABC reserves among the CDQ
groups. The Amendment 80 ABC reserves are the ABC reserves minus the
CDQ ABC reserves and are allocated to Amendment 80 cooperatives
pursuant to Sec. 679.91(i)(2), which 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 7 lists
the proposed 2023 and 2024 ABC surplus and ABC reserves for BSAI
flathead sole, rock sole, and yellowfin sole.

Table 7--Proposed 2023 and 2024 ABC Surplus, ABC Reserves, Community Development Quota (CDQ) ABC Reserves, and
Amendment 80 ABC Reserves in the BSAI for Flathead Sole, Rock Sole, and Yellowfin Sole
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
Flathead sole Yellowfin sole
Sector \1\ Rock sole \1\ \1\
----------------------------------------------------------------------------------------------------------------
ABC............................................................. 65,988 271,199 358,675
TAC............................................................. 25,500 55,000 230,000
ABC surplus..................................................... 40,488 216,199 128,675
ABC reserve..................................................... 40,488 216,199 128,675
CDQ ABC reserve................................................. 4,332 23,133 13,768
Amendment 80 ABC reserve........................................ 36,156 193,066 114,907
----------------------------------------------------------------------------------------------------------------
\1\ The 2024 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, 2023.

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

Section 679.21(b), (e), (f), and (g) set forth the BSAI PSC limits.
Pursuant to Sec. 679.21(b)(1), the annual BSAI halibut PSC limits
total 3,515 mt. Section 679.21(b)(1) allocates 315 mt of the halibut
PSC limit as the PSQ reserve for use by the groundfish CDQ Program,
1,745 mt of the halibut PSC limit for the Amendment 80 sector, 745 mt
of the halibut PSC limit for the BSAI trawl limited access sector, and
710 mt of the halibut PSC limit for the BSAI non-trawl sector.
Section 679.21(b)(1)(iii)(A) and (B) require apportionment of the
BSAI non-trawl halibut PSC limit into PSC allowances among six fishery
categories, and Sec. 679.21(b)(1)(ii)(A) and (B), (e)(3)(i)(B), and
(e)(3)(iv) require apportionment of the BSAI trawl limited access
sector's halibut and crab PSC

[[Page 76445]]

limits into PSC allowances among seven fishery categories. Table 10
lists the proposed fishery PSC allowances for the BSAI trawl limited
access sector fisheries, and Table 11 lists the proposed fishery PSC
allowances for the non-trawl fisheries.
Pursuant to Section 3.6 of the FMP, the Council recommends, and
NMFS proposes, that certain specified non-trawl fisheries be exempt
from the halibut PSC limit. As in past years, after consultation with
the Council, NMFS proposes to exempt the pot gear fishery, the jig gear
fishery, and the sablefish IFQ 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 legal-size halibut
to be retained by vessels using fixed gear if a halibut IFQ permit
holder or a hired master is aboard and is holding unused halibut IFQ
for that vessel category and the IFQ regulatory area in which the
vessel is operating (Sec. 679.7(f)(11)).
As of November 9, 2022, total groundfish catch for the pot gear
fishery in the BSAI was 21,177 mt, with an associated halibut bycatch
mortality of 25 mt. The 2022 jig gear fishery harvested about 0 mt of
groundfish. Most vessels in the jig gear fleet are exempt from observer
coverage requirements. As a result, observer data are not available on
halibut bycatch in the jig gear fishery. As mentioned above, NMFS
estimates a negligible amount of halibut bycatch mortality because of
the selective nature of jig gear and the low mortality rate of halibut
caught with jig gear and released.
Under Sec. 679.21(f)(2), NMFS annually allocates portions of
either 33,318, 45,000, 47,591, or 60,000 Chinook salmon PSC limits
among the AFA sectors, depending on past bycatch performance, on
whether Chinook salmon bycatch incentive plan agreements (IPAs) are
formed, and on whether NMFS determines it is a low Chinook salmon
abundance year. NMFS will determine that it is a low Chinook salmon
abundance year when abundance of Chinook salmon in western Alaska is
less than or equal to 250,000 Chinook salmon. The State provides to
NMFS an estimate of Chinook salmon abundance using the 3-System Index
for western Alaska, based on the Kuskokwim, Unalakleet, and Upper Yukon
aggregate stock grouping.
If an AFA sector participates in an approved IPA and has not
exceeded its performance standard under Sec. 679.21(f)(6), and if it
is not a low Chinook salmon abundance year, then NMFS will allocate a
portion of the 60,000 Chinook salmon PSC limit to that sector as
specified in Sec. 679.21(f)(3)(iii)(A). If no IPA is approved, or if
the sector has exceeded its performance standard under Sec.
679.21(f)(6), and if it is not a low abundance year, then NMFS will
allocate a portion of the 47,591 Chinook salmon PSC limit to that
sector as 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 2022 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 2023,
the Chinook salmon PSC limit is 45,000 Chinook salmon, allocated to
each sector as specified in Sec. 679.21(f)(3)(iii)(B). The AFA sector
Chinook salmon PSC allocations are also seasonally apportioned with 70
percent of the allocation for the A season pollock fishery, and 30
percent of the allocation for the B season pollock fishery (Sec. Sec.
679.21(f)(3)(i) and 679.23(e)(2)). In 2023, 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://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska">https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska</a>.
Section 679.21(g)(2)(i) specifies 700 fish as the 2023 and 2024
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 2023 and 2024
non-Chinook salmon PSC limit for vessels using trawl gear from August
15 through October 14 in the Catcher Vessel Operational Area (CVOA).
Section 679.21(f)(14)(ii) allocates 10.7 percent, or 4,494 non-Chinook
salmon, in the CVOA as the PSQ reserve for the CDQ Program, and
allocates the remaining 37,506 non-Chinook salmon in the CVOA to the
non-CDQ fisheries. Section 679.21(f)(14)(iv) exempts from closures in
the Chum Salmon Savings Area trawl vessels participating in directed
fishing for pollock and operating under an IPA approved by NMFS.
PSC limits for crab and herring are specified annually based on
abundance and spawning biomass. Due to the lack of new information as
of October 2022 regarding herring PSC limits and apportionments, the
Council recommended, and NMFS proposes, basing the proposed 2023 and
2024 herring PSC limits and apportionments on the 2021 survey data. The
Council will reconsider these amounts in December 2022. Section
679.21(e)(3)(i)(A)(1) allocates 10.7 percent of each trawl gear PSC
limit specified for crab as a PSQ reserve for use by the groundfish CDQ
Program.
Based on the most recent (2022) survey data, the red king crab
mature female abundance is estimated at 8.004 million red king crabs,
and the effective spawning biomass is estimated at 19.607 million lbs
(8,894 mt). Based on the criteria set out at Sec. 679.21(e)(1)(i), the
proposed 2023 and 2024 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, which is 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 Alaska Department of Fish and Game and NMFS have reviewed the final
2022 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
2022/2023 crab season. Since the State did not establish a GHL, 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.
Also, NMFS will close directed fishing for groundfish for vessels using
non-pelagic trawl gear in the RKCSS for 2023. NMFS and the

[[Page 76446]]

Council will assess the RKCSS closure for 2024 if the Alaska Department
of Fish and Game establishes a GHL for the 2023/2024 red king crab
fishery in the Bristol Bay area. Based on the most recent (2022) survey
data from the NMFS annual bottom trawl survey, Tanner crab
(Chionoecetes bairdi, or C. bairdi) abundance is estimated at 381
million animals. Pursuant to criteria set out at Sec.
679.21(e)(1)(ii), the calculated 2023 and 2024 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 381 million animals), which is greater than 270 million
but less than 400 million animals. The limit in Zone 2 is based on the
abundance of C. bairdi (estimated at 381 million animals), which is
greater than 290 million but less than 400 million animals.
Pursuant to Sec. 679.21(e)(1)(iii), the PSC limit for trawl gear
for snow crab (C. opilio) is based on total abundance as indicated by
the NMFS annual bottom trawl survey. The C. opilio crab PSC limit in
the C. opilio bycatch limitation zone (COBLZ) is set at 0.1133 percent
of the Bering Sea abundance index minus 150,000 crabs, unless a minimum
or maximum PSC limit applies. Based on the most recent (2022) survey
estimate of 2.584 billion animals, the calculated C. opilio crab PSC
limit is 2,927,672 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 Bering Sea herring biomass. The best
current estimate of 2023 and 2024 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
proposed for 2023 and 2024 is 3,819 mt for all trawl gear as listed in
Tables 8 and 9. The Council and NMFS will reconsider the proposed
herring PSC limit if updated information on biomass becomes available.
Section 679.21(e)(3)(i)(A) requires that crab PSQ reserves be
subtracted from the total trawl PSC limits. The 2023 crab and halibut
PSC limits assigned to the Amendment 80 and BSAI trawl limited access
sectors are listed in Table 35 to 50 CFR part 679. The resulting
proposed 2023 and 2024 allocations of crab and halibut PSC limits to
CDQ PSQ, the Amendment 80 sector, and the BSAI trawl limited access
sector are listed in Table 8. Pursuant to Sec. Sec. 679.21(b)(1)(i),
679.21(e)(3)(vi), and 679.91(d) through (f), crab and halibut trawl PSC
limits assigned to the Amendment 80 sector are then further allocated
to Amendment 80 cooperatives as cooperative quotas. Crab and halibut
PSC cooperative quotas assigned to Amendment 80 cooperatives are not
allocated to specific fishery categories.
One Amendment 80 cooperative has formed for the 2023 fishing year.
Because all Amendment 80 vessels are part of the cooperative, no PSC
limit allocation to the Amendment 80 limited access sector is required
for 2023. The 2024 PSC limit 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, 2023. NMFS will post the 2024 Amendment 80
cooperatives and Amendment 80 limited access sector allocations on the
Alaska Region website at <a href="https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska">https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska</a> prior to the start
of the fishing year on January 1, 2024, based on the harvest
specifications effective on that date.
Section 679.21(b)(2) and (e)(5) authorize NMFS, after consulting
with the Council, to establish seasonal apportionments of halibut and
crab PSC amounts for the BSAI non-trawl, BSAI trawl limited access, and
Amendment 80 limited access sectors to maximize the ability of the
fleet to harvest the available groundfish TAC and to minimize bycatch.
The factors considered are (1) seasonal distribution of prohibited
species, (2) seasonal distribution of target groundfish species
relative to prohibited species distribution, (3) prohibited species
bycatch needs on a seasonal basis relevant to prohibited species
biomass and expected catches of target groundfish species, (4) expected
variations in bycatch rates throughout the year, (5) expected changes
in directed groundfish fishing seasons, (6) expected start date for the
fishing effort, and (7) economic effects of establishing seasonal
prohibited species apportionments on segments of the target groundfish
industry. Based on these criteria, the Council recommended, and NMFS
proposes, the seasonal PSC apportionments in Tables 10 and 11 to
maximize harvest among gear types, fisheries, and seasons, while
minimizing bycatch of PSC.

Table 8--Proposed 2023 and 2024 Apportionment of Prohibited Species Catch Allowances to Non-Trawl Gear, the CDQ Program, Amendment 80, and the BSAI
Trawl Limited Access Sectors
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trawl PSC BSAI trawl BSAI PSC
PSC species and area \1\ Total PSC Non-trawl PSC CDQ PSQ remaining Amendment 80 limited access limits not
reserve \2\ after CDQ PSQ sector \3\ sector allocated \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Halibut mortality (mt) BSAI............. 3,515 710 315 n/a 1,745 745 n/a
Herring (mt) BSAI....................... 3,819 n/a 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
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 zones.
\2\ The CDQ 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.

[[Page 76447]]

Table 9--Proposed 2023 and 2024 Herring and Red King Crab Savings
Subarea (RKCSS) 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/Alaska 110............... n/a
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.......... 2,400............. n/a
Pollock/Atka mackerel/other 45................ n/a
species 2 3.
2023 Red king crab savings n/a............... ..................
subarea non-pelagic trawl gear
\4\.
2024 Red king crab savings n/a............... 8,000
subarea non-pelagic trawl gear
\5\.
---------------------------------------
Total trawl PSC............. 3,819............. 32,000
------------------------------------------------------------------------
Note: Species apportionments may not total precisely due to rounding.
\1\ ``Other flatfish'' for PSC monitoring includes all flatfish species,
except for halibut (a prohibited species), Alaska plaice, arrowtooth
flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock
sole, and yellowfin sole.
\2\ Pollock other than midwater trawl pollock, Atka mackerel, and
``other species'' fishery category.
\3\ ``Other species'' for PSC monitoring includes skates, sharks, and
octopuses.
\4\ 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 2022 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 2022/2023 crab season. NMFS and the
Council will not specify the red king crab bycatch limit for the RKCSS
in 2023, 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 2023.
\5\ If the Bristol Bay red king crab fishery remains closed in the 2023/
2024 crab season, the RKCSS specification will be zero. If the Bristol
Bay red king crab fishery is open in the 2023/2024 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)).

Table 10--Proposed 2023 and 2024 Prohibited Species Bycatch Allowances for the BSAI Trawl Limited Access Sector
----------------------------------------------------------------------------------------------------------------
Prohibited species and area \1\
-------------------------------------------------------------------------------
BSAI trawl limited access sector Halibut Red king crab C. opilio C. bairdi (animals)
fisheries mortality (mt) (animals) Zone (animals) -------------------------------
BSAI 1 COBLZ Zone 1 Zone 2
----------------------------------------------------------------------------------------------------------------
Yellowfin sole.................. 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 175 65 5,028 4,235 4,243
species \3\....................
-------------------------------------------------------------------------------
Total BSAI trawl limited 745 8,739 1,248,494 348,285 1,053,394
access sector PSC..........
----------------------------------------------------------------------------------------------------------------
Note:-Species apportionments may not total precisely due to rounding.
\1\ Refer to Sec. 679.2 for definitions of areas and zones.
\2\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole,
and yellowfin sole.
\3\ ``Other species'' for PSC monitoring includes skates, sharks, and octopuses.

Table 11--Proposed 2023 and 2024 Halibut Prohibited Species Bycatch Allowances for Non-Trawl Fisheries
----------------------------------------------------------------------------------------------------------------
Halibut mortality (mt) BSAI
-----------------------------------------------------------------------------------------------------------------
Catcher/
Non-trawl fisheries Seasons processor Catcher vessel All Non-Trawl
----------------------------------------------------------------------------------------------------------------
Pacific cod....................... Annual Pacific cod... 648 13 661
January 1-June 10 388 9 n/a
June 10-August 15 162 2 n/a
August 15-December 98 2 n/a
31
Non-Pacific cod non-trawl-Total... May 1-December 31.... n/a n/a 49
Groundfish pot and jig............ n/a.................. n/a n/a Exempt
Sablefish hook-and-line........... n/a.................. n/a n/a Exempt
Total for all non-trawl PSC....... n/a.................. n/a n/a 710
----------------------------------------------------------------------------------------------------------------

[[Page 76448]]

Halibut Discard Mortality Rates

To monitor halibut bycatch mortality allowances and apportionments,
the Regional Administrator uses observed halibut incidental catch
rates, halibut discard mortality rates (DMRs), and estimates of
groundfish catch to project when a fishery's halibut bycatch mortality
allowance or seasonal apportionment is reached. Halibut incidental
catch rates are based on observed estimates of halibut incidental catch
in the groundfish fishery. DMRs are estimates of the proportion of
incidentally caught halibut that do not survive after being returned to
the sea. The cumulative halibut mortality that accrues to a particular
halibut PSC limit is the product of a DMR multiplied by the estimated
halibut PSC. DMRs are estimated using the best scientific information
available in conjunction with the annual BSAI stock assessment process.
The DMR methodology and findings are included as an appendix to the
annual BSAI groundfish SAFE report.
In 2016, the DMR estimation methodology underwent revisions per the
Council's directive. An interagency halibut working group
(International Pacific Halibut Commission, 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, in turn, could improve
the accuracy of estimation and contribute to improvements in
methodology. The methodology will continue to ensure that NMFS is using
DMRs that more accurately reflect halibut mortality. This is important
because the DMRs 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.
In October 2022, the Council recommended halibut DMRs derived from
the revised methodology for the proposed 2023 and 2024 DMRs. The
proposed 2023 and 2024 DMRs use an updated 2-year reference period.
Comparing the proposed 2023 and 2024 DMRs to the final DMRs from the
2022 and 2023 harvest specifications, the DMR for pelagic trawl gear
remains at 100 percent, the DMR for motherships and CPs using non-
pelagic trawl gear increases to 85 percent from 84 percent, the DMR for
CVs using non-pelagic trawl gear remains at 62 percent, the DMR for CPs
using hook-and-line gear decreases to 9 percent from 10 percent, the
DMR for CVs using hook-and-line gear decreases to 9 percent from 10
percent, and the DMR for pot gear decreases to 26 percent from 33
percent. Table 12 lists the proposed 2023 and 2024 DMRs.

Table 12--Proposed 2023 and 2024 Pacific Halibut Discard Mortality Rates
(DMR) for the BSAI
------------------------------------------------------------------------
Halibut
discard
Gear Sector mortality rate
(percent)
------------------------------------------------------------------------
Pelagic trawl..................... All................. 100
Non-pelagic trawl................. Mothership and 85
catcher/processor.
Non-pelagic trawl................. Catcher vessel...... 62
Hook-and-line..................... Catcher vessel...... 9
Hook-and-line..................... Catcher/processor... 9
Pot............................... All................. 26
------------------------------------------------------------------------

Listed AFA CP Sideboard Limits

Pursuant to Sec. 679.64(a), the Regional Administrator is
responsible for restricting the ability of listed AFA CPs to engage in
directed fishing for groundfish species other than pollock to protect
participants in other groundfish fisheries from adverse effects
resulting from the AFA fishery and from fishery cooperatives in the
directed pollock fishery. These restrictions are set out as sideboard
limits on catch. On February 8, 2019, NMFS published a final rule (84
FR 2723) that implemented regulations to prohibit non-exempt AFA CPs
from directed fishing for all groundfish species or species groups
subject to sideboard limits (see Sec. 679.20(d)(1)(iv)(D) and Table 54
to 50 CFR part 679). NMFS proposes to exempt AFA CPs from a yellowfin
sole sideboard limit pursuant to Sec. 679.64(a)(1)(v) because the
proposed 2023 and 2024 aggregate ITAC of yellowfin sole assigned to the
Amendment 80 sector and BSAI trawl limited access sector is greater
than 125,000 mt.
Section 679.64(a)(2) and Tables 40 and 41 to 50 CFR part 679
establish a formula for calculating PSC sideboard limits for halibut
and crab caught by listed AFA CPs. The basis for these sideboard limits
is described in detail in the final rules implementing the major
provisions of the AFA (67 FR 79692, December 30, 2002) and Amendment 80
(72 FR 52668, September 14, 2007). PSC species listed in Table 13 that
are caught by listed AFA CPs participating in any groundfish fishery
other than pollock will accrue against the proposed 2023 and 2024 PSC
sideboard limits for the listed AFA CPs. Section 679.21(b)(4)(iii),
(e)(3)(v), and (e)(7) authorize NMFS to close directed fishing for
groundfish other than pollock for listed AFA CPs once a proposed 2023
or 2024 PSC sideboard limit listed in Table 13 is reached. Pursuant to
Sec. 679.21(b)(1)(ii)(C) and (e)(3)(ii)(C), halibut or crab PSC by
listed AFA CPs while fishing for pollock will accrue against the PSC
allowances annually specified for the pollock/Atka mackerel/``other
species'' fishery categories, according to Sec. 679.21(b)(1)(ii)(B)
and (e)(3)(iv).

[[Page 76449]]

Table 13--Proposed 2023 and 2024 BSAI American Fisheries Act Listed Catcher/Processor (CP) Prohibited Species
Sideboard Limits
----------------------------------------------------------------------------------------------------------------
Proposed 2023
and 2024 PSC
available to Proposed 2023
PSC species and area \1\ Ratio of PSC trawl vessels and 2024 CP
to total PSC after sideboard
subtraction of limit \2\
PSQ \2\
----------------------------------------------------------------------------------------------------------------
BSAI Halibut mortality.......................................... n/a n/a 286
Red king crab Zone 1............................................ 0.007 28,576 200
C. opilio (COBLZ)............................................... 0.153 3,884,550 594,336
C. bairdi Zone 1................................................ 0.140 741,190 103,767
C. bairdi Zone 2................................................ 0.050 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 CV Sideboard Limits

Pursuant to Sec. 679.64(b), the Regional Administrator is
responsible for restricting the ability of listed AFA CVs to engage in
directed fishing for groundfish species other than pollock to protect
participants in other groundfish fisheries from adverse effects
resulting from the AFA and from fishery cooperatives in the pollock
directed fishery. These restrictions are set out as sideboard limits on
catch. On February 8, 2019, NMFS published a final rule (84 FR 2723)
that implemented regulations to prohibit non-exempt AFA CVs from
directed fishing for a majority of the groundfish species or species
groups subject to sideboard limits (see Sec. 679.20(d)(1)(iv)(D) and
Table 55 to 50 CFR part 679). The remainder of the sideboard limits for
non-exempt AFA CVs are proposed in Table 14.
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). NMFS proposes to exempt AFA CVs from
a yellowfin sole sideboard limit pursuant to Sec. 679.64(b)(6) because
the proposed 2023 and 2024 aggregate ITAC of yellowfin sole assigned to
the Amendment 80 sector and BSAI trawl limited access sector is greater
than 125,000 mt. Table 14 lists the proposed 2023 and 2024 AFA CV
sideboard limits.

Table 14--Proposed 2023 and 2024 BSAI Pacific Cod Sideboard Limits for American Fisheries Act Catcher Vessels
(CVs)
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2023 and 2024
Ratio of 1997 2023 and 2024 AFA CV
Fishery by area/gear/season AFA CV catch initial TAC sideboard
to TAC limits
----------------------------------------------------------------------------------------------------------------
BSAI............................................................ n/a n/a n/a
Trawl gear CV............................................... n/a n/a n/a
Jan 20-Apr 1................................................ 0.8609 21,505 18,514
Apr 1-Jun 10................................................ 0.8609 3,197 2,752
Jun 10-Nov 1................................................ 0.8609 4,359 3,753
----------------------------------------------------------------------------------------------------------------
Note: As proposed, Sec. 679.64(b)(6) would exempt AFA CVs from a yellowfin sole sideboard limit because the
proposed 2023 and 2024 aggregate ITAC of yellowfin sole assigned to the Amendment 80 sector and BSAI trawl
limited access sector is greater than 125,000 mt.

Halibut and crab PSC limits listed in Table 15 that are caught by
AFA CVs participating in any groundfish fishery other than pollock will
accrue against the 2023 and 2024 PSC sideboard limits for the AFA CVs.
Section 679.21(b)(4)(iii), (e)(3)(v), and (e)(7) authorize NMFS to
close directed fishing for groundfish other than pollock for AFA CVs
once a proposed 2023 or 2024 PSC sideboard limit listed in Table 15 is
reached. Pursuant to Sec. 679.21(b)(1)(ii)(C) and (e)(3)(ii)(C),
halibut or crab PSC by AFA CVs while fishing for pollock will accrue
against the PSC allowances annually specified for the pollock/Atka
mackerel/``other species'' fishery categories under Sec.
679.21(b)(1)(ii)(B) and (e)(3)(iv).

[[Page 76450]]

Table 15--Proposed 2023 and 2024 American Fisheries Act Catcher Vessel (CV) Prohibited Species Catch Sideboard
Limits for the BSAI \1\
----------------------------------------------------------------------------------------------------------------
Proposed 2023
and 2024 PSC Proposed 2023
Target fishery category AFA CV PSC limit after and 2024 AFA
PSC species and area \1\ \2\ sideboard subtraction of CV PSC
limit ratio PSQ reserves sideboard
\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 sole/ n/a n/a 228
Alaska plaice/other
flatfish \4\.
Greenland turbot/ n/a n/a -
arrowtooth flounder/
Kamchatka flounder/
sablefish.
Rockfish................ n/a n/a 2
Pollock/Atka mackerel/ n/a n/a 5
other species \5\.
Red king crab Zone 1.................. n/a..................... 0.2990 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 fishery categories are defined at Sec. 679.21(b)(1)(ii)(B) and (e)(3)(iv).
\3\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
\4\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole,
and yellowfin sole.
\5\ ``Other species'' for PSC monitoring includes skates, sharks, and octopuses.

Classification

NMFS is issuing this proposed rule pursuant to section 305(d) of
the Magnuson-Stevens Act. Through previous actions, the FMP and
regulations are designed to authorize NMFS to take this action. See 50
CFR part 679. The NMFS Assistant Administrator has determined that the
proposed harvest specifications are consistent with the FMP and
preliminarily determined that the proposed harvest specifications are
consistent with the Magnuson-Stevens Act and other applicable laws,
subject to further review after public comment.
This action is authorized under 50 CFR 679.20 and is not subject to
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 ROD for the Final EIS. A SIR is
being prepared for the final 2023 and 2024 harvest specifications to
provide a subsequent assessment of this action and to address the need
to prepare a Supplemental EIS (40 CFR 1501.11(b) and 1502.9(d)(1)).
Copies of the Final EIS, ROD, and annual SIRs for this action are
available from NMFS (see ADDRESSES). The Final EIS analyzes the
environmental, social, and economic consequences of the proposed
groundfish harvest specifications and alternative harvest strategies
for 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.
Adverse impacts on marine mammals or endangered or threatened
species resulting from fishing activities conducted under these harvest
specifications are discussed in the Final EIS and its accompanying
annual SIRs (see ADDRESSES).

Initial Regulatory Flexibility Analysis

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

Number and Description of Small Entities Regulated by This Proposed
Rule

The entities directly regulated by the groundfish harvest
specifications include: (a) entities operating vessels with groundfish
Federal fisheries permits (FFPs) catching FMP groundfish in Federal
waters (including those

[[Page 76451]]

receiving direct allocations of groundfish); (b) all entities operating
vessels, regardless of whether they hold groundfish FFPs, catching FMP
groundfish in the State waters parallel fisheries; and (c) all entities
operating vessels fishing for halibut inside 3 nautical miles of the
shore (whether or not they have FFPs). In 2021 (the most recent year of
complete data), there were 152 individual CVs and CPs, as well as 6 CDQ
groups, all of which had gross revenues less than or equal to $11
million. This represents the potential suite of directly regulated
small entities. This includes an estimated 146 small CV entities and 6
small CP entities remaining in the BSAI groundfish sector. The
determination of entity size is based on vessel revenues and affiliated
group revenues, as applicable. This determination also includes an
assessment of fisheries cooperative affiliations, although actual
vessel ownership affiliations have not been completely established.
However, this estimate of 146 CVs may be an overstatement of the number
of small entities. This latter group of vessels had average gross
revenues that varied by gear type. Average gross revenues for hook-and-
line CVs, pot gear CVs, and trawl gear CVs are estimated to be
$700,000, $1.1 million, and $2.1 million, respectively. Average gross
revenues for CP entities are confidential.

Description of Significant Alternatives That Minimize Adverse Impacts
on Small Entities

The action under consideration and contained in this proposed rule
is the proposed 2023 and 2024 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 2023 and 2024 fishing years and is taken in
accordance with the FMP prepared by the Council pursuant to the
Magnuson-Stevens Act. The establishment of the proposed harvest
specifications is governed by the Council's harvest strategy to govern
the catch of groundfish in the BSAI. This strategy was selected from
among five alternatives, with the preferred alternative harvest
strategy being one in which the TACs fall within the range of ABCs
recommended by the SSC. Under the preferred harvest strategy, TACs are
set to a level that falls within the range of ABCs recommended by the
SSC; the sum of the TACs must achieve the OY specified in the FMP.
While the specific numbers that the harvest strategy produces may vary
from year to year, the methodology used for the preferred harvest
strategy remains constant.
The TACs associated with the preferred harvest strategy are those
recommended by the Council in October 2022. OFLs and ABCs for the
species were based on recommendations prepared by the Council's Plan
Team in September 2022, and reviewed by the Council's SSC in October
2022. The Council based its TAC recommendations on those of its AP,
which were consistent with the SSC's OFL and ABC recommendations. The
sum of all TACs remains within the OY for the BSAI consistent with
Sec. 679.20(a)(1)(i)(A). Because setting all TACs equal to ABCs would
cause the sum of TACs to exceed an OY of 2 million mt, TACs for some
species or species groups are lower than the ABCs recommended by the
Plan Team and the SSC.
The proposed 2023 and 2024 OFLs and ABCs are based on the best
available biological information, including projected biomass trends,
information on assumed distribution of stock biomass, and revised
technical methods to calculate stock biomass. The proposed 2023 and
2024 TACs are based on the best available biological and socioeconomic
information. The proposed 2023 and 2024 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.
Under this action, the proposed ABCs reflect harvest amounts that
are less than the specified overfishing levels. The proposed TACs are
within the range of proposed ABCs recommended by the SSC and do not
exceed the biological limits recommended by the SSC (the ABCs and
overfishing levels). For some species and species groups in the BSAI,
the Council recommended, and NMFS proposes, proposed TACs equal to
proposed ABCs, which is intended to maximize harvest opportunities in
the BSAI.
However, NMFS cannot set TACs for all species in the BSAI equal to
their ABCs due to the constraining OY limit of 2 million mt. For this
reason, some proposed TACs are less than the proposed ABCs. The
specific reductions were reviewed and recommended by the Council's AP,
and the Council in turn adopted the AP's TAC recommendations for the
proposed 2023 and 2024 TACs.
Based upon the best available scientific data, and in consideration
of the Council's objectives of this action, it appears that there are
no significant alternatives to the proposed rule that have the
potential to accomplish the stated objectives of the Magnuson-Stevens
Act and any other applicable statutes and that have the potential to
minimize any significant adverse economic impact of the proposed rule
on small entities. This action is economically beneficial to entities
operating in the BSAI, including small entities. The action proposes
TACs for commercially-valuable species in the BSAI and allows for the
continued prosecution of the fishery, thereby creating the opportunity
for fishery revenue. After public process during which the Council
solicited input from stakeholders, the Council concluded that the
proposed harvest specifications would best accomplish the stated
objectives articulated in the preamble for this proposed rule, and in
applicable statutes, and would minimize to the extent practicable
adverse economic impacts on the universe of directly regulated small
entities.
This action does not modify recordkeeping or reporting
requirements, or duplicate, overlap, or conflict with any Federal
rules.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.

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: December 8, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2022-27119 Filed 12-9-22; 4:15 pm]
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