Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska; Final 2023 and 2024 Harvest Specifications for Groundfish
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Abstract
NMFS announces final 2023 and 2024 harvest specifications, apportionments, and Pacific halibut prohibited species catch limits for the groundfish fishery of the Gulf of Alaska (GOA). This action is necessary to establish harvest limits for groundfish during the remainder of the 2023 and the start of the 2024 fishing years and to accomplish the goals and objectives of the Fishery Management Plan for Groundfish of the Gulf of Alaska (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those previously set in the final 2022 and 2023 harvest specifications, and the 2024 harvest specifications will be superseded in early 2024 when the final 2024 and 2025 harvest specifications are published.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 GOA in accordance with the Magnuson- Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
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<title>Federal Register, Volume 88 Issue 41 (Thursday, March 2, 2023)</title>
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<body><pre>[Federal Register Volume 88, Number 41 (Thursday, March 2, 2023)]
[Rules and Regulations]
[Pages 13238-13264]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04315]
[[Page 13237]]
Vol. 88
Thursday,
No. 41
March 2, 2023
Part II
Department of Commerce
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National Oceanic and Atmospheric Administration
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50 CFR Part 679
Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska;
Final 2023 and 2024 Harvest Specifications for Groundfish; Final Rule
Federal Register / Vol. 88 , No. 41 / Thursday, March 2, 2023 / Rules
and Regulations
[[Page 13238]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 230224-0053; RTID 0648-XC347]
Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of
Alaska; Final 2023 and 2024 Harvest Specifications for Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; harvest specifications and closures.
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SUMMARY: NMFS announces final 2023 and 2024 harvest specifications,
apportionments, and Pacific halibut prohibited species catch limits for
the groundfish fishery of the Gulf of Alaska (GOA). This action is
necessary to establish harvest limits for groundfish during the
remainder of the 2023 and the start of the 2024 fishing years and to
accomplish the goals and objectives of the Fishery Management Plan for
Groundfish of the Gulf of Alaska (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 GOA in accordance with the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
DATES: Harvest specifications and closures are effective at 1200 hours,
Alaska local time (A.l.t.), March 2, 2023, through 2400 hours, A.l.t.,
December 31, 2024.
ADDRESSES: Electronic copies of the Final Alaska Groundfish Harvest
Specifications Environmental Impact Statement (EIS), Record of Decision
(ROD), and the annual Supplementary Information Reports (SIRs) to the
EIS prepared for this action are available from <a href="https://www.regulations.gov">https://www.regulations.gov</a>. The 2022 Stock Assessment and Fishery Evaluation
(SAFE) report for the groundfish resources of the GOA, dated November
2022, and SAFE reports for previous years are available from the North
Pacific Fishery Management Council (Council) at 1007 West Third Avenue,
Suite 400, Anchorage, AK 99501, phone 907-271-2809, or from the
Council's website at <a href="https://www.npfmc.org">https://www.npfmc.org</a>.
FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the GOA groundfish fisheries in
the exclusive economic zone of the GOA under the FMP. The Council
prepared the FMP under the authority of the Magnuson-Stevens Act (16
U.S.C. 1801 et seq.). Regulations governing U.S. fisheries and
implementing the FMP appear at 50 CFR parts 600, 679, and 680.
The FMP and its implementing regulations require that NMFS, after
consultation with the Council, specify the total allowable catch (TAC)
for each target species, the sum of which must be within the optimum
yield (OY) range of 116,000 to 800,000 metric tons (mt) (50 CFR
679.20(a)(1)(i)(B) and 679.20(a)(2)). Section 679.20(c)(1) further
requires that NMFS publish and solicit public comment on proposed
annual TACs and apportionments thereof, Pacific halibut prohibited
species catch (PSC) limits, and seasonal allowances of pollock and
Pacific cod. Upon consideration of public comment received under Sec.
679.20(c)(1), NMFS must publish a notification of final harvest
specifications for up to 2 fishing years as annual TACs and
apportionments, Pacific halibut PSC limits, and seasonal allowances of
pollock and Pacific cod, per Sec. 679.20(c)(3)(ii). The final harvest
specifications set forth in Tables 1 through 27 of this rule reflect
the outcome of this process, as required at Sec. 679.20(c).
The proposed 2023 and 2024 harvest specifications for groundfish of
the GOA and Pacific halibut PSC limits were published in the Federal
Register on December 2, 2022 (87 FR 74102). Comments were invited and
accepted through January 3, 2023. NMFS did not receive any comments on
the proposed harvest specifications. In December 2022, NMFS consulted
with the Council regarding the 2023 and 2024 harvest specifications.
After considering public comment at public meetings, as well as
biological and socioeconomic data that were available at the Council's
December 2022 meeting, NMFS is implementing the final 2023 and 2024
harvest specifications, as recommended by the Council. For 2023, the
sum of the TAC amounts is 468,796 mt. For 2024, the sum of the TAC
amounts is 476,537 mt.
Other Actions Affecting the 2023 and 2024 Harvest Specifications
Amendment 112 to the FMP: Sablefish Individual Fishing Quota (IFQ)
Program Revisions
On November 23, 2022, NMFS published a proposed rule (87 FR 71559)
to implement Amendment 112 to the FMP, which, if approved, would allow
jig gear as an authorized fishing gear type in the GOA sablefish
Individual Fishing Quota (IFQ) fisheries. The Council's intent in
recommending Amendment 112 is to increase entry-level opportunities and
increase flexibility for IFQ holders. This is because jig gear is a
smaller investment than other gear types and does not require
significant vessel retrofits as with other gear. Additionally, jig gear
is already an authorized gear type for the harvest of halibut IFQ and
this action would further align the authorized gear types in the
halibut and sablefish IFQ fisheries. Additionally, the proposed rule
includes a variety of other provisions, which, if approved, would
revise regulations associated with requirements or exemptions for the
use of collapsible pot gear. It would also revise regulatory
specifications for gear marking, pot limits, and other pot use
restrictions in the GOA. Further details are available in the proposed
rule to implement Amendment 112. If the FMP amendment and its
implementing regulations are approved by the Secretary of Commerce, the
action is anticipated to be effective for the 2023 IFQ season.
Amendment 122 to the Bering Sea and Aleutian Islands FMP: Pacific Cod
Cooperative Program
NMFS is developing a proposed rule to implement Amendment 122 to
the FMP for Groundfish of the Bering Sea and Aleutian Islands
Management Area (BSAI), which, if approved, would establish the Pacific
Cod Trawl Cooperative Program (PCTC Program) to allocate BSAI Pacific
cod harvest quota to qualifying groundfish License Limitation Program
(LLP) license holders and qualifying processors. The PCTC Program would
be a limited access privilege program (LAPP) for the harvest of Pacific
cod in the BSAI trawl catcher vessel (CV) sector. One of the elements
of the proposed PCTC Program is to revise the GOA groundfish sideboard
limits and halibut PSC limits for LLP licenses that receive allocations
of PCTC quota share. The Program would change the American Fisheries
Act (AFA) non-exempt GOA groundfish sideboard and halibut PSC limits
for all
[[Page 13239]]
non-exempt AFA LLP licenses and CVs based on the GOA fishing activity
of these vessels in the aggregate during the PCTC Program qualifying
years. If approved by the Secretary of Commerce, Amendment 122 and its
implementing regulations would affect the calculation and establishment
of the groundfish sideboard limits and halibut PSC limits discussed in
the subsequent American Fisheries Act (AFA) Catcher/Processor and
Catcher Vessel Groundfish Harvest Limits and Non-Exempt AFA Catcher
Vessel Halibut PSC Limits sections of this rule.
Acceptable Biological Catch (ABC) and TAC Specifications
In December 2022, the Council's Scientific and Statistical
Committee (SSC), its Advisory Panel (AP), and the Council reviewed the
most recent biological and harvest information about the condition of
the GOA groundfish stocks. The Council's GOA Groundfish Plan Team (Plan
Team) compiled and presented this information in the 2022 SAFE report
for the GOA groundfish fisheries, dated November 2022 (see ADDRESSES).
The SAFE report contains a review of the latest scientific analyses and
estimates of each species' biomass and other biological parameters, as
well as summaries of the available information on the GOA ecosystem and
the economic condition of the groundfish fisheries off Alaska. From
these data and analyses, the Plan Team recommends, and the SSC sets, an
overfishing level (OFL) and ABC for each species and species group. The
2022 SAFE report was made available for public review during the public
comment period for the proposed harvest specifications.
In previous years, the greatest changes from the proposed to the
final harvest specifications have been based on recent NMFS stock
surveys, which provide updated estimates of stock biomass and spatial
distribution, and changes to the models used for producing stock
assessments. At the November 2022 Plan Team meeting, NMFS scientists
presented updated and new survey results, changes to stock assessment
models, and accompanying stock assessment estimates for groundfish
species and species groups that are included in the 2022 SAFE report
per the stock assessment schedule found in the 2022 SAFE report
introduction. The SSC reviewed this information at the December 2022
Council meeting. Changes from the proposed to the final 2023 and 2024
harvest specifications are discussed below.
The final 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
methods used to calculate stock biomass, and the final 2023 and 2024
TACs are based on the best available biological and socioeconomic
information. The FMP specifies the formulas, or tiers, to be used to
compute OFLs and ABCs. The formulas applicable to a particular stock or
stock complex are determined by the level of reliable information
available to fisheries scientists. This information is categorized into
a successive series of six tiers to define OFL and ABC amounts, with
Tier 1 representing the highest level of information quality available
and Tier 6 representing the lowest level of information quality
available. The Plan Team used the FMP tier structure to calculate OFL
and ABC amounts for each groundfish species. The SSC adopted the final
2023 and 2024 OFLs and ABCs recommended by the Plan Team.
The Council adopted the SSC's OFLs and ABCs and the AP's TAC
recommendations. The final TAC recommendations are based on the ABCs
and are adjusted for other biological and socioeconomic considerations,
including maintaining the sum of all TACs within the required OY range
of 116,000 to 800,000 mt.
The Council recommended 2023 and 2024 TACs that are equal to ABCs
for pollock in the Southeast Outside (SEO) District, sablefish,
shallow-water flatfish in the Central GOA and the West Yakutat and SEO
Districts, deep-water flatfish, rex sole, arrowtooth flounder in the
Central GOA and the West Yakutat District, flathead sole in the Central
GOA and the West Yakutat and SEO Districts, Pacific ocean perch (a
rockfish species), northern rockfish, shortraker rockfish, dusky
rockfish, rougheye and blackspotted rockfish, demersal shelf rockfish,
thornyhead rockfish, ``other rockfish'' in the Western/Central GOA and
West Yakutat District, big skate, longnose skate, other skates, sharks,
and octopuses in the GOA. The Council recommended TACs for 2023 and
2024 that are less than the ABCs for pollock for the combined Western
and Central GOA and West Yakutat District area, Pacific cod, shallow-
water flatfish in the Western GOA, arrowtooth flounder in the Western
GOA and the SEO District, flathead sole in the Western GOA, Atka
mackerel, and ``other rockfish'' in the SEO District.
The combined Western, Central, and West Yakutat pollock TAC and the
GOA Pacific cod TACs are set to accommodate the State of Alaska's
(State's) guideline harvest levels (GHLs) so that the ABCs for pollock
and Pacific cod are not exceeded. The Western GOA shallow-water
flatfish, Western GOA arrowtooth flounder, and Western GOA flathead
sole TACs are set to allow for increased harvest opportunities for
these target species while conserving the halibut PSC limit for use in
other, more fully utilized fisheries. Similarly, the SEO District
arrowtooth flounder TAC is set lower than ABC to conserve halibut PSC
limit for use in other fisheries or because there is limited commercial
interest and participation in this fishery. The Atka mackerel TAC is
set to accommodate incidental catch amounts in other fisheries. The
``other rockfish'' TAC in the SEO District is set to reduce the amount
of discards of the species in that complex.
The final 2023 and 2024 harvest specifications approved by the
Secretary of Commerce are unchanged from those recommended by the
Council, and are consistent with the preferred harvest strategy
alternative outlined in the FMP and EIS (see ADDRESSES).
NMFS finds that the Council's recommended OFLs, ABCs, and TACs are
consistent with the biological condition of the groundfish stocks as
described in the final 2022 SAFE report. NMFS also finds that the
Council's recommendations for TACs are consistent with the biological
condition of groundfish stocks as adjusted for other biological and
socioeconomic considerations, including maintaining the sum of all TACs
within the OY range. NMFS reviewed the Council's recommended TACs and
apportionments, and NMFS approves these harvest specifications under 50
CFR 679.20(c)(3)(ii). The apportionment of TAC amounts among gear types
and sectors, processing sectors, and seasons is discussed below.
Tables 1 and 2 list the final 2023 and 2024 OFLs, ABCs, TACs, and
area apportionments of groundfish in the GOA. The 2023 harvest
specifications set in this final action supersede the 2023 harvest
specifications previously set in the final 2022 and 2023 harvest
specifications (87 FR 11599, March 2, 2022). The 2024 harvest
specifications will be superseded in early 2024 when the final 2024 and
2025 harvest specifications are published. Pursuant to this final
action, the 2023 harvest specifications therefore will apply for the
remainder of the current year (2023), while the 2024 harvest
specifications are projected only for the following year (2024) and
will be superseded in early 2024 by the final 2024 and 2025 harvest
specifications. Because this final action (published in early 2023)
will be superseded in early 2024 by the
[[Page 13240]]
publication of the final 2024 and 2025 harvest specifications, it is
projected that this final action will implement the harvest
specifications for the GOA for approximately 1 year.
Specification and Apportionment of TAC Amounts
NMFS's apportionment of groundfish species is based on the
distribution of biomass among the regulatory areas over which NMFS
manages the species. Additional regulations govern the apportionment of
pollock, Pacific cod, and sablefish and are described below.
The ABC for the pollock stock in the combined Western and Central
Regulatory Areas and the West Yakutat (WYK) District of the Eastern
Regulatory Area (the W/C/WYK) includes the amount for the GHL
established by the State for the Prince William Sound (PWS) pollock
fishery. The Plan Team, SSC, AP, and Council have recommended that the
sum of all State waters and Federal waters pollock removals from the
GOA not exceed ABC recommendations. For 2023 and 2024, the SSC
recommended and the Council approved the W/C/WYK pollock ABC, including
the amount to account for the State's PWS GHL. At the November 2022
Plan Team meeting, State fisheries managers recommended setting the PWS
pollock GHL at 2.5 percent of the annual W/C/WYK pollock ABC. For 2023,
this yields a PWS pollock GHL of 3,723 mt, an increase of 396 mt from
the 2022 PWS pollock GHL of 3,327 mt. For 2024, the PWS pollock GHL is
4,027 mt, an increase of 700 mt from the 2022 PWS pollock GHL of 3,327
mt. After the GHL reductions, the 2023 and 2024 pollock ABCs for the
combined W/C/WYK areas are then apportioned between four statistical
areas (Areas 610, 620, 630, and 640) as both ABCs and TACs, as
described below and detailed in Tables 1 and 2. The total ABCs and TACs
for the four statistical areas, plus the State PWS GHL, do not exceed
the combined W/C/WYK ABC.
Apportionments of pollock to the W/C/WYK areas are considered to be
``apportionments of annual catch limits (ACLs)'' rather than ``ABCs.''
This more accurately reflects that such apportionments address
management, rather than biological or conservation, concerns. In
addition, apportionments of the ACL in this manner allow NMFS to
balance any transfer of TAC among Areas 610, 620, and 630 pursuant to
Sec. 679.20(a)(5)(iv)(B) to ensure that the combined W/C/WYK ACL, ABC,
and TAC are not exceeded.
NMFS establishes pollock TACs in the Western (Area 610) and Central
(Areas 620 and 630) Regulatory Areas and the West Yakutat (Area 640)
and the SEO (Area 650) Districts of the GOA (see Tables 1 and 2). NMFS
also establishes seasonal apportionments of the annual pollock TACs in
the Western and Central Regulatory Areas of the GOA among Statistical
Areas 610, 620, and 630. Additional detail on area apportionments and
seasonal allowances is provided in the Apportionments of Pollock TAC
Among Seasons and Regulatory Areas, and Allocations for Processing by
Inshore and Offshore Components section of this rule; Tables 3 and 4
list these amounts.
The 2023 and 2024 Pacific cod TACs are set to accommodate the
State's GHLs for Pacific cod in State waters in the Western and Central
Regulatory Areas, as well as in PWS (in the Eastern Regulatory Area).
The Plan Team, SSC, AP, and Council recommended that the sum of all
State waters and Federal waters Pacific cod removals from the GOA not
exceed ABC recommendations. The Council recommended setting the 2023
and 2024 Pacific cod TACs in the Western, Central, and Eastern
Regulatory Areas to account for State GHLs. Therefore, the 2023 Pacific
cod TACs are less than the ABCs by the following amounts: (1) Western
GOA, 2,239 mt; (2) Central GOA, 3,708 mt; and (3) Eastern GOA, 585 mt.
The 2024 Pacific cod TACs are less than the ABCs by the following
amounts: (1) Western GOA, 2,062 mt; (2) Central GOA, 3,414 mt; and (3)
Eastern GOA, 539 mt. These amounts reflect the State's 2023 and 2024
GHLs in these areas, which are 30 percent of the Western GOA ABC and 25
percent of the Eastern and Central GOA ABCs.
The Western and Central GOA Pacific cod TACs are allocated among
various gear and operational sectors. NMFS also establishes seasonal
apportionments of the annual Pacific cod TACs in the Western and
Central Regulatory Areas. The Pacific cod sector and seasonal
apportionments are discussed in detail in the Annual and Seasonal
Apportionments of Pacific Cod TAC section and in Tables 5 and 6 of this
rule.
The Council's recommendation for sablefish area apportionments
takes into account the prohibition on the use of trawl gear in the SEO
District of the Eastern Regulatory Area (Sec. 679.7(b)(1)) and makes
available 5 percent of the combined Eastern Regulatory Area TACs to
vessels using trawl gear for use as incidental catch in other trawl
groundfish fisheries in the WYK District (Sec. 679.20(a)(4)(i)).
Tables 7 and 8 list the final 2023 and 2024 allocations of sablefish
TAC to fixed gear and trawl gear in the GOA.
Changes From the Proposed 2023 and 2024 Harvest Specifications in the
GOA
In October 2022, the Council's recommendations for the proposed
2023 and 2024 harvest specifications (87 FR 74102, December 2, 2022)
were based largely on information contained in the final 2021 SAFE
report for the GOA groundfish fisheries, dated November 2021. The final
2021 SAFE report for the GOA is available from the Council (see
ADDRESSES). The Council proposed that the final OFLs, ABCs, and TACs
established for the 2023 groundfish fisheries (87 FR 11599, March 2,
2022) be used for the proposed 2023 and 2024 harvest specifications (87
FR 74102, December 2, 2022), pending completion and review of the 2022
SAFE report at the Council's December 2022 meeting.
As described previously, the SSC recommended the final 2023 and
2024 OFLs and ABCs as recommended by the Plan Team, with the exception
of the Pacific cod and demersal shelf rockfish OFLs and ABCs. The
Council adopted as its recommendations the SSC's OFL and ABC
recommendations and the AP's TAC recommendations for 2023 and 2024.
The final 2023 ABCs are higher than the proposed 2023 ABCs
published in the proposed 2023 and 2024 harvest specifications (87 FR
74102, December 2, 2022) for pollock, sablefish, shallow-water
flatfish, rex sole, arrowtooth flounder, Pacific ocean perch, northern
rockfish, dusky rockfish, and sharks. The final 2023 ABCs are lower
than the proposed 2023 ABCs for Pacific cod, deep-water flatfish,
flathead sole, demersal shelf rockfish, thornyhead rockfish, and
rougheye and blackspotted rockfish.
The final 2024 ABCs are higher than the proposed 2024 ABCs for
pollock, sablefish, shallow-water flatfish, rex sole, flathead sole,
dusky rockfish, and sharks. The final 2024 ABCs are lower than the
proposed 2024 ABCs for Pacific cod, deep-water flatfish, arrowtooth
flounder, Pacific ocean perch, northern rockfish, rougheye and
blackspotted rockfish, demersal shelf rockfish, and thornyhead
rockfish. For the remaining
[[Page 13241]]
target species (shortraker rockfish, ``other rockfish,'' Atka mackerel,
big skates, longnose skates, other skates, and octopus), the Council
recommended the final 2023 and 2024 ABCs that are the same as the
proposed 2023 and 2024 ABCs.
Additional information explaining the changes between the proposed
and final ABCs is included in the final 2022 SAFE report, which was not
completed and available when the Council made its proposed ABC and TAC
recommendations in October 2022. At that time, the most recent stock
assessment information was contained in the final 2021 SAFE report. The
final 2022 SAFE report contains the best and most recent scientific
information on the condition of the groundfish stocks, as previously
discussed in this preamble, and is available for review (see
ADDRESSES). The Council considered the 2022 SAFE report in December
2022 when it made recommendations for the final 2023 and 2024 harvest
specifications. In the GOA, the total final 2023 TAC amount is 468,796
mt, an increase of 5.7 percent from the total proposed 2023 TAC amount
of 443,615 mt. The total final 2024 TAC amount is 476,537 mt, an
increase of 7.4 percent from the total proposed 2024 TAC amount of
443,615 mt. Table 1a summarizes the difference between the proposed and
final TACs.
Annual stock assessments incorporate a variety of new or revised
inputs, such as survey data or catch information, as well as changes to
the statistical models used to estimate a species' biomass and
population trend. Changes to biomass and ABC estimates are primarily
based on fishery catch updates to species' assessment models. Some
species, such as pollock and sablefish, have additional surveys
conducted on an annual basis, which resulted in additional data being
available for the 2022 assessments for these stocks.
The changes for individual species or species groups from the
proposed 2023 TACs to the final 2023 TACs are within a range of plus 53
percent or minus 22 percent, and the changes from the proposed 2024
TACs to the final 2024 TACs are within a range of plus 45 percent or
minus 22 percent. Based on changes in the estimates of overall biomass
in the stock assessment for 2023 and 2024, as compared to the estimates
previously made for 2022 and 2023, the species or species group with
the greatest TAC percentage increases are pollock, flathead sole, dusky
rockfish, and sharks. Based on changes in the estimates of biomass, the
species or species group with the greatest TAC percentage decreases are
Pacific cod, demersal shelf rockfish, and thornyhead rockfish. For all
other species and species groups, changes from the proposed 2023 TACs
to the final 2023 TACs and changes from the proposed 2024 TACs to the
final 2024 TACs are less than a 10 percent change (either increase or
decrease). These TAC changes correspond to associated changes in the
OFLs and ABCs, as recommended by the SSC, AP, and Council.
Detailed information providing the basis for the changes described
above is contained in the final 2022 SAFE report. The final TACs are
based on the best scientific information available, including
biological and socioeconomic information. These TACs are specified in
compliance with the harvest strategy described in the proposed and
final rules for the 2023 and 2024 harvest specifications.
Table 1a--Comparison of Proposed and Final 2023 and 2024 GOA Total Allowable Catch Limits
[Values are rounded to the nearest metric ton and percentage]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023 Final 2024 Final
Species 2023 and 2024 2023 Final TAC minus 2023 Percentage 2024 Final TAC minus 2024 Percentage
Proposed TAC Proposed TAC difference Proposed TAC difference
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock................................. 139,977 156,578 16,601 12 168,416 28,439 20
Pacific cod............................. 21,096 18,103 -2,994 -14 16,668 -4,428 -21
Sablefish............................... 22,003 23,201 1,198 5 21,095 -908 -4
Shallow-water flatfish.................. 44,272 44,302 30 0 45,425 1,153 3
Deep-water flatfish..................... 5,818 5,816 -2 0 5,719 -99 -2
Rex sole................................ 20,594 20,664 70 0 21,097 503 2
Arrowtooth flounder..................... 95,512 94,286 -1,226 -1 93,389 -2,123 -2
Flathead sole........................... 27,426 35,337 7,911 29 35,839 8,413 31
Pacific ocean perch..................... 37,104 37,193 89 0 36,196 -908 -2
Northern rockfish....................... 4,920 4,964 44 1 4,741 -179 -4
Shortraker rockfish..................... 705 705 0 0 705 0 0
Dusky rockfish.......................... 5,181 7,917 2,736 53 7,520 2,339 45
Rougheye/blackspotted rockfish.......... 781 775 -6 -1 772 -9 -1
Demersal shelf rockfish................. 365 283 -82 -22 283 -82 -22
Thornyhead rockfish..................... 1,953 1,628 -325 -17 1,628 -325 -17
Other rockfish.......................... 1,610 1,610 0 0 1,610 0 0
Atka mackerel........................... 3,000 3,000 0 0 3,000 0 0
Big skate............................... 2,867 2,867 0 0 2,867 0 0
Longnose skate.......................... 2,712 2,712 0 0 2,712 0 0
Other skates............................ 984 984 0 0 984 0 0
Sharks.................................. 3,755 4,891 1,136 30 4,891 1,136 30
Octopuses............................... 980 980 0 0 980 0 0
---------------------------------------------------------------------------------------------------------------
Total............................... 443,615 468,796 25,181 5.7 476,537 32,922 7.4
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[[Page 13242]]
The final 2023 and 2024 TAC amounts for the GOA are within the OY
range established for the GOA and do not exceed the ABC for any species
or species group. Tables 1 and 2 list the final OFL, ABC, and TAC
amounts for GOA groundfish for 2023 and 2024, respectively.
Table 1--Final 2023 OFLs, ABCs, and TACs of Groundfish for the Western/Central/West Yakutat, Western, Central,
Eastern Regulatory Areas, the West Yakutat and Southeast Outside Districts of the Eastern Regulatory Area, and
Gulfwide Districts of the Gulf of Alaska
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Species Area \1\ OFL ABC TAC
----------------------------------------------------------------------------------------------------------------
Pollock \2\........................... Shumagin (610).......... n/a 26,958 26,958
Chirikof (620).......... n/a 77,005 77,005
Kodiak (630)............ n/a 33,729 33,729
WYK (640)............... n/a 7,523 7,523
-----------------------------------------------
W/C/WYK (subtotal) 173,470 148,938 145,215
\2\.
SEO (650)............... 15,150 11,363 11,363
-----------------------------------------------
Total.............. 188,620 160,301 156,578
Pacific cod \3\....................... W....................... n/a 7,464 5,225
C....................... n/a 14,830 11,123
E....................... n/a 2,340 1,755
-----------------------------------------------
Total................ 29,737 24,634 18,103
Sablefish \4\......................... W....................... n/a 4,473 4,473
C....................... n/a 9,921 9,921
WYK..................... n/a 3,205 3,205
SEO..................... n/a 5,602 5,602
-----------------------------------------------
Subtotal TAC......... n/a 23,201
-----------------------------------------------
Total.............. 47,390 40,502 n/a
Shallow-water flatfish \5\............ W....................... n/a 22,485 13,250
C....................... n/a 26,769 26,769
WYK..................... n/a 2,677 2,677
SEO..................... n/a 1,606 1,606
-----------------------------------------------
Total................ 65,736 53,537 44,302
Deep-water flatfish \6\............... W....................... n/a 256 256
C....................... n/a 2,105 2,105
WYK..................... n/a 1,407 1,407
SEO..................... n/a 2,048 2,048
-----------------------------------------------
Total................ 6,918 5,816 5,816
Rex sole.............................. W....................... n/a 3,236 3,236
C....................... n/a 13,110 13,110
WYK..................... n/a 1,439 1,439
SEO..................... n/a 2,879 2,879
-----------------------------------------------
Total................ 25,135 20,664 20,664
Arrowtooth flounder................... W....................... n/a 30,469 14,500
C....................... n/a 65,000 65,000
WYK..................... n/a 7,886 7,886
SEO..................... n/a 16,130 6,900
-----------------------------------------------
Total................ 142,749 119,485 94,286
Flathead sole......................... W....................... n/a 12,793 8,650
C....................... n/a 21,487 21,487
WYK..................... n/a 2,320 2,320
SEO..................... n/a 2,880 2,880
-----------------------------------------------
Total................ 48,161 39,480 35,337
Pacific ocean perch \7\............... W....................... n/a 2,529 2,529
C....................... n/a 29,940 29,940
WYK..................... n/a 1,370 1,370
-----------------------------------------------
W/C/WYK subtotal..... 40,308 33,839 33,839
SEO..................... 3,994 3,354 3,354
-----------------------------------------------
Total.............. 44,302 37,193 37,193
Northern rockfish \8\................. W....................... n/a 2,614 2,614
C....................... n/a 2,350 2,350
E....................... n/a .............. ..............
-----------------------------------------------
Total................ 5,927 4,964 4,964
[[Page 13243]]
Shortraker rockfish \9\............... W....................... n/a 51 51
C....................... n/a 280 280
E....................... n/a 374 374
-----------------------------------------------
Total................ 940 705 705
Dusky rockfish \10\................... W....................... n/a 149 149
C....................... n/a 7,647 7,647
WYK..................... n/a 90 90
SEO..................... n/a 31 31
-----------------------------------------------
Total................ 9,638 7,917 7,917
Rougheye and Blackspotted rockfish W....................... n/a 180 180
\11\.
C....................... n/a 232 232
E....................... n/a 363 363
-----------------------------------------------
Total................ 930 775 775
Demersal shelf rockfish \12\.......... SEO..................... 376 283 283
Thornyhead rockfish \13\.............. W....................... n/a 314 314
C....................... n/a 693 693
E....................... n/a 621 621
-----------------------------------------------
Total................ 2,170 1,628 1,628
Other rockfish \14\ \15\.............. W and C................. n/a 940 940
WYK..................... n/a 370 370
SEO..................... n/a 2,744 300
-----------------------------------------------
Total................ 5,320 4,054 1,610
Atka mackerel......................... GW...................... 6,200 4,700 3,000
Big skate \16\........................ W....................... n/a 591 591
C....................... n/a 1,482 1,482
E....................... n/a 794 794
-----------------------------------------------
Total................ 3,822 2,867 2,867
Longnose skate \17\................... W....................... n/a 151 151
C....................... n/a 2,044 2,044
E....................... n/a 517 517
-----------------------------------------------
Total................ 3,616 2,712 2,712
Other skates \18\..................... GW...................... 1,311 984 984
Sharks................................ GW...................... 6,521 4,891 4,891
Octopus............................... GW...................... 1,307 980 980
-----------------------------------------------
Total.............. 646,826 539,072 468,796
----------------------------------------------------------------------------------------------------------------
\1\ Regulatory areas and districts are defined at Sec. 679.2. (W=Western Gulf of Alaska; C=Central Gulf of
Alaska; E=Eastern Gulf of Alaska; WYK=West Yakutat District; SEO=Southeast Outside District; GW=Gulf-wide).
\2\ The total for the W/C/WYK Regulatory Areas pollock ABC is 148,938 mt. After deducting 2.5 percent (3,723 mt)
of that ABC for the State's pollock GHL fishery, the remaining pollock ABC of 145,215 mt (for the W/C/WYK
Regulatory Areas) is apportioned among four statistical areas (Areas 610, 620, 630, and 640). These
apportionments are considered subarea ACLs, rather than ABCs, for specification and reapportionment purposes.
The ACLs in Areas 610, 620, and 630 are further divided by season, as detailed in Table 3 (final 2023 seasonal
biomass distribution of pollock in the Western and Central Regulatory Areas, area apportionments, and seasonal
allowances). In the West Yakutat (Area 640) and Southeast Outside (Area 650) Districts of the Eastern
Regulatory Area, pollock is not divided into seasonal allowances.
\3\ The annual Pacific cod TAC is apportioned, after seasonal apportionment to the jig sector, as follows: (1)
63.84 percent to the A season and 36.16 percent to the B season and (2) 64.16 percent to the A season and
35.84 percent to the B season in the Western and Central Regulatory Areas of the GOA, respectively. Pacific
cod TAC in the Eastern Regulatory Area of the GOA is allocated 90 percent to vessels harvesting Pacific cod
for processing by the inshore component and 10 percent to vessels harvesting Pacific cod for processing by the
offshore component. Table 5 lists the final 2023 Pacific cod seasonal apportionments and sector allocations.
\4\ The sablefish OFL and ABC are set Alaska-wide (47,390 mt and 40,502 mt, respectively), and the Alaska-wide
totals are included in the total OFL and ABC in Table 1. Additionally, sablefish is allocated to trawl and
fixed gear in 2023 and trawl gear in 2024. Table 7 lists the final 2023 allocations of sablefish TACs.
\5\ ``Shallow-water flatfish'' means flatfish not including ``deep-water flatfish,'' flathead sole, rex sole, or
arrowtooth flounder.
\6\ ``Deep-water flatfish'' means Dover sole, Greenland turbot, Kamchatka flounder, and deepsea sole.
\7\ ``Pacific ocean perch'' means Sebastes alutus.
\8\ ``Northern rockfish'' means Sebastes polyspinis. For management purposes, the 1 mt apportionment of ABC to
the WYK District of the Eastern Gulf of Alaska has been included in the ``other rockfish'' species group.
\9\ ``Shortraker rockfish'' means Sebastes borealis.
\10\ ``Dusky rockfish'' means Sebastes variabilis.
\11\ ``Rougheye and blackspotted rockfish'' mean Sebastes aleutianus (rougheye) and S. melanostictus
(blackspotted).
\12\ ``Demersal shelf rockfish'' means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper),
S. maliger (quillback), S. helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye).
\13\ ``Thornyhead rockfish'' means Sebastolobus species.
[[Page 13244]]
\14\ ``Other rockfish'' means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio),
S. goodei (chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), S. variegatus (harlequin), S.
wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S. zacentrus (sharpchin), S. jordani
(shortbelly), S. brevispinis (silvergrey), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus
(vermilion), S. reedi (yellowmouth), S. entomelas (widow), and S. flavidus (yellowtail). In the Eastern GOA
only, ``other rockfish'' also includes northern rockfish, S. polyspinis.
\15\ ``Other rockfish'' in the Western and Central Regulatory Areas and in the West Yakutat District means other
rockfish and demersal shelf rockfish. The ``other rockfish'' species group in the SEO District only includes
``other rockfish.''
\16\ ``Big skate'' means Raja binoculata.
\17\ ``Longnose skate'' means Raja rhina.
\18\ ``Other skates'' mean Bathyraja and Raja spp.
Table 2--Final 2024 OFLs, ABCs, and TACs of Groundfish for the Western/Central/West Yakutat, Western, Central,
Eastern Regulatory Areas, the West Yakutat and Southeast Outside Districts of the Eastern Regulatory Area, and
Gulfwide Districts of the Gulf of Alaska
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Species Area \1\ OFL ABC TAC
----------------------------------------------------------------------------------------------------------------
Pollock \2\........................... Shumagin (610).......... n/a 29,156 29,156
Chirikof (620).......... n/a 83,283 83,283
Kodiak (630)............ n/a 36,478 36,478
WYK (640)............... n/a 8,136 8,136
-----------------------------------------------
W/C/WYK (subtotal) 186,101 161,080 157,053
\2\.
SEO (650)............... 15,150 11,363 11,363
-----------------------------------------------
Total.............. 201,251 172,443 168,416
Pacific cod \3\....................... W....................... n/a 6,873 4,811
C....................... n/a 13,655 10,241
E....................... n/a 2,155 1,616
-----------------------------------------------
Total................ 27,507 22,683 16,668
Sablefish \4\......................... W....................... n/a 4,626 4,626
C....................... n/a 8,819 8,819
WYK..................... n/a 2,669 2,669
SEO..................... n/a 4,981 4,981
-----------------------------------------------
Subtotal TAC......... n/a n/a 21,095
-----------------------------------------------
Total.............. 48,561 41,539 n/a
Shallow-water flatfish \5\............ W....................... n/a 23,299 13,250
C....................... n/a 27,737 27,737
WYK..................... n/a 2,774 2,774
SEO..................... n/a 1,664 1,664
-----------------------------------------------
Total................ 68,015 55,474 45,425
Deep-water flatfish \6\............... W....................... n/a 255 255
C....................... n/a 2,068 2,068
WYK..................... n/a 1,383 1,383
SEO..................... n/a 2,013 2,013
-----------------------------------------------
Total................ 6,802 5,719 5,719
Rex sole.............................. W....................... n/a 3,314 3,314
C....................... n/a 13,425 13,425
WYK..................... n/a 1,453 1,453
SEO..................... n/a 2,905 2,905
-----------------------------------------------
Total................ 25,652 21,097 21,097
Arrowtooth flounder................... W....................... n/a 30,093 14,500
C....................... n/a 64,200 64,200
WYK..................... n/a 7,789 7,789
SEO..................... n/a 15,932 6,900
-----------------------------------------------
Total................ 141,008 118,014 93,389
Flathead sole......................... W....................... n/a 13,033 8,650
C....................... n/a 21,892 21,892
WYK..................... n/a 2,363 2,363
SEO..................... n/a 2,934 2,934
-----------------------------------------------
Total................ 49,073 40,222 35,839
Pacific ocean perch \7\............... W....................... n/a 2,461 2,461
C....................... n/a 29,138 29,138
WYK..................... n/a 1,333 1,333
W/C/WYK................. 39,229 32,932 32,932
SEO..................... 3,888 3,264 3,264
-----------------------------------------------
Total................ 43,117 36,196 36,196
[[Page 13245]]
Northern rockfish \8\................. W....................... n/a 2,497 2,497
C....................... n/a 2,244 2,244
E....................... n/a .............. ..............
-----------------------------------------------
Total................ 5,661 4,741 4,741
Shortraker rockfish \9\............... W....................... n/a 51 51
C....................... n/a 280 280
E....................... n/a 374 374
-----------------------------------------------
Total................ 940 705 705
Dusky rockfish \10\................... W....................... n/a 141 141
C....................... n/a 7,264 7,264
WYK..................... n/a 85 85
SEO..................... n/a 30 30
-----------------------------------------------
Total................ 9,154 7,520 7,520
Rougheye and Blackspotted rockfish W....................... n/a 180 180
\11\.
C....................... n/a 231 231
E....................... n/a 361 361
-----------------------------------------------
Total................ 927 772 772
Demersal shelf rockfish \12\.......... SEO..................... 376 283 283
Thornyhead rockfish \13\.............. W....................... n/a 314 314
C....................... n/a 693 693
E....................... n/a 621 621
-----------------------------------------------
Total................ 2,170 1,628 1,628
Other rockfish \14\ \15\.............. W and C................. n/a 940 940
WYK..................... n/a 370 370
SEO..................... n/a 2,744 300
-----------------------------------------------
Total................ 5,320 4,054 1,610
Atka mackerel......................... GW...................... 6,200 4,700 3,000
Big skate \16\........................ W....................... n/a 591 591
C....................... n/a 1,482 1,482
E....................... n/a 794 794
-----------------------------------------------
Total................ 3,822 2,867 2,867
Longnose skate \17\................... W....................... n/a 151 151
C....................... n/a 2,044 2,044
E....................... n/a 517 517
-----------------------------------------------
Total................ 3,616 2,712 2,712
Other skates \18\..................... GW...................... 1,311 984 984
Sharks................................ GW...................... 6,521 4,891 4,891
Octopus............................... GW...................... 1,307 980 980
-----------------------------------------------
Total.............. 658,311 550,224 476,537
----------------------------------------------------------------------------------------------------------------
\1\ Regulatory areas and districts are defined at Sec. 679.2. (W=Western Gulf of Alaska; C=Central Gulf of
Alaska; E=Eastern Gulf of Alaska; WYK=West Yakutat District; SEO=Southeast Outside District; GW=Gulf-wide).
\2\ The total for the W/C/WYK Regulatory Areas pollock ABC is 161,080 mt. After deducting 2.5 percent (4,027 mt)
of that ABC for the State's pollock GHL fishery, the remaining pollock ABC of 157,053 mt (for the W/C/WYK
Regulatory Areas) is apportioned among four statistical areas (Areas 610, 620, 630, and 640). These
apportionments are considered subarea ACLs, rather than ABCs, for specification and reapportionment purposes.
The ACLs in Areas 610, 620, and 630 are further divided by season, as detailed in Table 4 (final 2024 seasonal
biomass distribution of pollock in the Western and Central Regulatory Areas, area apportionments, and seasonal
allowances). In the West Yakutat (Area 640) and Southeast Outside (Area 650) Districts of the Eastern
Regulatory Area, pollock is not divided into seasonal allowances.
\3\ The annual Pacific cod TAC is apportioned, after seasonal apportionment to the jig sector, as follows: 1)
63.84 percent to the A season and 36.16 percent to the B season and 2) 64.16 percent to the A season and 35.84
percent to the B season in the Western and Central Regulatory Areas of the GOA, respectively. Pacific cod TAC
in the Eastern Regulatory Area of the GOA is allocated 90 percent to vessels harvesting Pacific cod for
processing by the inshore component and 10 percent to vessels harvesting Pacific cod for processing by the
offshore component. Table 6 lists the final 2024 Pacific cod seasonal apportionments and sector allocations.
\4\ The sablefish OFL and ABC are set Alaska-wide (48,561 mt and 41,539 mt, respectively), and the Alaska-wide
totals are included in the total OFL and ABC in Table 2. Additionally, sablefish is allocated only to trawl
gear for 2024. Table 8 lists the final 2024 allocation of sablefish TACs to trawl gear.
\5\ ``Shallow-water flatfish'' means flatfish not including ``deep-water flatfish,'' flathead sole, rex sole, or
arrowtooth flounder.
\6\ ``Deep-water flatfish'' means Dover sole, Greenland turbot, Kamchatka flounder, and deepsea sole.
\7\ ``Pacific ocean perch'' means Sebastes alutus.
\8\ ``Northern rockfish'' means Sebastes polyspinis. For management purposes, the 1 mt apportionment of ABC to
the WYK District of the Eastern Gulf of Alaska has been included in the ``other rockfish'' species group.
\9\ ``Shortraker rockfish'' means Sebastes borealis.
[[Page 13246]]
\10\ ``Dusky rockfish'' means Sebastes variabilis.
\11\ ``Rougheye and blackspotted rockfish'' mean Sebastes aleutianus (rougheye) and S. melanostictus
(blackspotted).
\12\ ``Demersal shelf rockfish'' means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper),
S. maliger (quillback), S. helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye).
\13\ ``Thornyhead rockfish'' means Sebastolobus species.
\14\ ``Other rockfish'' means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio),
S. goodei (chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), S. variegatus (harlequin), S.
wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S. zacentrus (sharpchin), S. jordani
(shortbelly), S. brevispinis (silvergrey), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus
(vermilion), S. reedi (yellowmouth), S. entomelas (widow), and S. flavidus (yellowtail). In the Eastern GOA
only, ``other rockfish'' also includes northern rockfish, S. polyspinis.
\15\ ``Other rockfish'' in the Western and Central Regulatory Areas and in the West Yakutat District means other
rockfish and demersal shelf rockfish. The ``other rockfish'' species group in the SEO District only includes
``other rockfish.''
\16\ ``Big skate'' means Raja binoculata.
\17\ ``Longnose skate'' means Raja rhina.
\18\ ``Other skates'' mean Bathyraja and Raja spp.
Apportionment of Reserves
Section 679.20(b)(2) requires NMFS to set aside 20 percent of each
TAC for pollock, Pacific cod, flatfish, sharks, and octopuses in
reserve for possible apportionment at a later date during the fishing
year. For 2023 and 2024, NMFS proposed reapportionment of all the
reserves in the proposed 2023 and 2024 harvest specifications published
in the Federal Register on December 2, 2022 (87 FR 74102). NMFS did not
receive any public comments on the proposed reapportionments. For the
final 2023 and 2024 harvest specifications, NMFS reapportions, as
proposed, all the reserves for pollock, Pacific cod, flatfish, sharks,
and octopuses back to the original TAC limit from which the reserve was
derived (Sec. 679.20(b)(3)). This is being done because NMFS expects,
based on recent harvest patterns, that such reserves are not necessary
or that the entire TAC for each of these species will be caught. The
TACs listed in Tables 1 and 2 reflect reapportionments of reserve
amounts to the original TAC limit for these species and species groups,
i.e., each final TAC for the above-mentioned species or species groups
contains the full TAC recommended by the Council.
Apportionments of Pollock TAC Among Seasons and Regulatory Areas, and
Allocations for Processing by Inshore and Offshore Components
In the GOA, pollock is apportioned by season and area, and is
further allocated for processing by inshore and offshore components.
The pollock TACs in the Western and Central Regulatory Areas of the GOA
are apportioned among Statistical Areas 610, 620, and 630. These
apportionments are divided into two equal seasonal allowances of 50
percent to the A season (January 20 through May 31) and 50 percent to
the B season (September 1 through November 1) (Sec. Sec.
679.20(a)(5)(iv)(B) and 679.23(d)(2)).
Effective in 2021, regulatory changes revised the number of GOA
pollock seasons to two seasons from four seasons (85 FR 38093, June 25,
2020). The GOA pollock stock assessment continues to use a four-season
methodology to determine pollock distribution in the Western and
Central Regulatory Areas of the GOA to maintain continuity in the
historical pollock apportionment time-series. Pollock TACs in the
Western and Central Regulatory Areas of the GOA are apportioned among
Statistical Areas 610, 620, and 630 in proportion to the distribution
of pollock biomass determined by the most recent NMFS surveys, pursuant
to Sec. 679.20(a)(5)(iv)(A). The pollock chapter of the 2022 SAFE
report (see ADDRESSES) contains a comprehensive description of the
apportionment and reasons for the minor changes from past
apportionments. For purposes of specifying pollock TAC between two
seasons for the Western and Central Regulatory Areas of the GOA, NMFS
has summed the A and B season apportionments and the C and D season
apportionments, using the four-season methodology, as calculated in the
2022 GOA pollock assessment. This yields the seasonal amounts specified
for the A season and the B season, respectively.
Within any fishing year, the amount by which a pollock seasonal
allowance is underharvested or overharvested may be added to, or
subtracted from, the subsequent seasonal allowance for the Western and
Central Regulatory Areas in a manner to be determined by the Regional
Administrator (Sec. 679.20(a)(5)(iv)(B)). The rollover amount is
limited to 20 percent of the subsequent seasonal TAC apportionment for
the statistical area. Any unharvested pollock above the 20-percent
limit could be further distributed to the other statistical areas, in
proportion to the estimated biomass in the subsequent season in those
statistical areas and in an amount no more than 20 percent of the
seasonal TAC apportionment in those statistical areas (Sec.
679.20(a)(5)(iv)(B)). The pollock TACs in the WYK and the SEO Districts
of 7,523 mt and 11,363 mt, respectively, in 2023, and 8,136 mt and
11,363 mt, respectively, in 2024, are not allocated by season.
Tables 3 and 4 list the final 2023 and 2024 seasonal biomass
distribution of pollock in the Western and Central Regulatory Areas,
area apportionments, and seasonal allowances. The amounts of pollock
for processing by the inshore and offshore components are not shown.
Section 679.20(a)(6)(i) requires the allocation of 100 percent of the
pollock TAC in all GOA regulatory areas and all seasonal allowances to
vessels catching pollock for processing by the inshore component after
subtraction of pollock amounts projected by the Regional Administrator
to be caught by, or delivered to, the offshore component incidental to
directed fishing for other groundfish species. Thus, the amount of
pollock available for harvest by vessels harvesting pollock for
processing by the offshore component is that amount that will be taken
as incidental catch during directed fishing for groundfish species
other than pollock, up to the maximum retainable amounts allowed by
Sec. 679.20(e) and (f). At this time, these incidental catch amounts
of pollock are unknown and will be determined during the fishing year
during the course of fishing activities by the offshore component.
[[Page 13247]]
Table 3--Final 2023 Distribution of Pollock in the Western and Central Regulatory Areas of the Gulf of Alaska;
Area Apportionments; and Seasonal Allowances of Annual TAC
[Values are rounded to the nearest metric ton \1\]
----------------------------------------------------------------------------------------------------------------
Shumigan (Area Chirikof (Area Kodiak (Area
Season \2\ 610) 620) 630) Total \3\
----------------------------------------------------------------------------------------------------------------
A (January 20-May 31)........................... 1,685 58,039 9,121 68,846
B (September 1-November 1)...................... 25,272 18,965 24,608 68,846
---------------------------------------------------------------
Annual Total................................ 26,958 77,005 33,729 137,691
----------------------------------------------------------------------------------------------------------------
\1\ Area apportionments and seasonal allowances may not total precisely due to rounding.
\2\ As established by Sec. 679.23(d)(2), directed fishing for pollock in the Western and Central Regulatory
Areas is authorized only during the following two seasons: January 20 through May 31 and September 1 through
November 1, respectively. The amounts of pollock for processing by the inshore and offshore components are not
shown in this table.
\3\ The West Yakutat and Southeast Outside District pollock TACs are not allocated by season and are not
included in the total pollock TACs shown in this table.
Table 4--Final 2024 Distribution of Pollock in the Western and Central Regulatory Areas of the Gulf of Alaska;
Area Apportionments; and Seasonal Allowances of Annual TAC
[Values are rounded to the nearest metric ton \1\]
----------------------------------------------------------------------------------------------------------------
Shumigan (Area Chirikof (Area Kodiak (Area
Season \2\ 610) 620) 630) Total \3\
----------------------------------------------------------------------------------------------------------------
A (January 20-May 31)........................... 1,823 62,771 9,864 74,459
B (September 1-November 1)...................... 27,333 20,511 26,614 74,459
---------------------------------------------------------------
Annual Total................................ 29,156 83,283 36,478 148,917
----------------------------------------------------------------------------------------------------------------
\1\ Area apportionments and seasonal allowances may not total precisely due to rounding.
\2\ As established by Sec. 679.23(d)(2), directed fishing for pollock in the Western and Central Regulatory
Areas is authorized only during the following two seasons: January 20 through May 31 and September 1 through
November 1, respectively. The amounts of pollock for processing by the inshore and offshore components are not
shown in this table.
\3\ The West Yakutat and Southeast Outside District pollock TACs are not allocated by season and are not
included in the total pollock TACs shown in this table.
Annual and Seasonal Apportionments of Pacific Cod TAC
Pursuant to Sec. 679.20(a)(12)(i), NMFS seasonally allocates the
2023 and 2024 Pacific cod TACs in the Western and Central Regulatory
Areas of the GOA among gear and operational sectors. In the Western and
Central Regulatory Areas, a portion of the annual TAC is apportioned to
the A season for hook-and-line, pot, and jig gear from January 1
through June 10, and for trawl gear from January 20 through June 10,
and a portion of the annual TAC is apportioned to the B season for jig
gear from June 10 through December 31, for hook-and-line and pot gear
from September 1 through December 31, and for trawl gear from September
1 through November 1 (Sec. Sec. 679.20(a)(12) and 679.23(d)(3)). NMFS
also allocates the Pacific cod TACs annually between the inshore (90
percent) and offshore (10 percent) components in the Eastern Regulatory
Area of the GOA (Sec. 679.20(a)(6)(ii)).
In the Central GOA, the Pacific cod TAC is apportioned seasonally
first to vessels using jig gear, and then among catcher vessels (CVs)
less than 50 feet (15.2 meters (m)) in length overall using hook-and-
line gear, CVs equal to or greater than 50 feet (15.2 m) in length
overall using hook-and-line gear, catcher/processors (CPs) using hook-
and-line gear, CVs using trawl gear, CPs using trawl gear, and vessels
using pot gear (Sec. 679.20(a)(12)(i)(B)). In the Western GOA, the
Pacific cod TAC is apportioned seasonally first to vessels using jig
gear, and then among CVs using hook-and-line gear, CPs using hook-and-
line gear, CVs using trawl gear, CPs using trawl gear, and vessels
using pot gear (Sec. 679.20(a)(12)(i)(A)). Excluding seasonal
apportionments to the jig sector, NMFS seasonally apportions the
remainder of the annual Pacific cod TACs in the Western GOA as 63.84
percent to the A season and 36.16 percent to the B season, and in the
Central GOA as 64.16 percent to the A season and 35.84 percent to the B
season.
Under Sec. 679.20(a)(12)(ii), any overage or underage of the
Pacific cod season allowance from the A season may be subtracted from,
or added to, the subsequent B season allowance. In addition, any
portion of the hook-and-line, trawl, pot, or jig sector allocations
that is determined by NMFS as likely to go unharvested by a sector may
be reallocated to other sectors for harvest during the remainder of the
fishing year.
Pursuant to Sec. 679.20(a)(12)(i)(A) and (B), a portion of the
annual Pacific cod TACs in the Western and Central GOA will be
allocated to vessels with a Federal fisheries permit that use jig gear
before the TACs are apportioned among other non-jig sectors. In
accordance with the FMP, the annual jig sector allocations may increase
to up to 6 percent of the annual Western and Central GOA Pacific cod
TACs, depending on the annual performance of the jig sector (see Table
1 of the rulemaking to implement Amendment 83 to the FMP for a detailed
discussion of the jig sector allocation process (76 FR 74670, December
1, 2011)). Jig sector allocation increases are established for a
minimum of 2 years.
NMFS has evaluated the historical harvest performance of the jig
sector in the Western and Central GOA, and is establishing the 2023 and
2024 Pacific cod apportionments to this sector based on its historical
harvest performance through 2022. NMFS did not evaluate the 2020
performance of the jig sectors in the Western and Central GOA. Since
NMFS prohibited directed fishing for all Pacific cod sectors in 2020,
the catch for the jig sectors could not reach 90 percent of the annual
allocation that is required for a performance increase in the following
year's allocation (87 FR 74102, December 2, 2022; 84 FR 70438, December
23, 2019). For 2023 and 2024,
[[Page 13248]]
NMFS allocates the jig sector 2.5 percent of the annual Pacific cod TAC
in the Western GOA. The 2023 and 2024 allocations consist of a base
allocation of 1.5 percent of the Western GOA Pacific cod TAC, and prior
additional performance increases of 1.0 percent. For 2023 and 2024,
NMFS allocates the jig sector 1.0 percent of the annual Pacific cod TAC
in the Central GOA. The 2023 and 2024 allocations consist of a base
allocation of 1.0 percent of the Central GOA Pacific cod TAC, and no
additional performance increase in the Central GOA.
For 2023 and 2024, NMFS is apportioning the jig sector allocations
for the Western and Central GOA between the A season (60 percent) and
the B season (40 percent), pursuant to Sec. 679.20(a)(12)(i). This is
the same jig sector seasonal apportionment implemented in prior
groundfish harvest specifications for the GOA and is consistent with
Amendment 83 to the FMP (76 FR 44700, July 26, 2011).
Tables 5 and 6 list the seasonal apportionments and allocations of
the 2023 and 2024 Pacific cod TACs.
Table 5--Final 2023 Seasonal Apportionments and Allocation of Pacific Cod Total Allowable Catch (TAC) Amounts in
the GOA; Allocations in the Western GOA and Central GOA Sectors, and the Eastern GOA Inshore and Offshore
Processing Components
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
A Season B Season
---------------------------------------------------------------
Annual Sector Sector
Regulatory area and sector allocation percentage of Seasonal percentage of Seasonal
(mt) annual non-jig allowances annual non-jig allowances
TAC (mt) TAC (mt)
----------------------------------------------------------------------------------------------------------------
Western GOA:
Jig (2.5% of TAC)........... 131 2.50 78 N/A 52
Hook-and-line CV............ 71 0.70 36 0.70 36
Hook-and-line CP............ 1,009 10.90 555 8.90 453
Trawl CV.................... 1,956 31.54 1,607 6.86 349
Trawl CP.................... 122 0.90 46 1.50 76
All Pot CV and Pot CP....... 1,936 19.80 1,009 18.20 927
-------------------------------------------------------------------------------
Total................... 5,225 63.84 3,331 36.16 1,894
----------------------------------------------------------------------------------------------------------------
Central GOA:
Jig (1.0% of TAC)........... 111 1.00 67 N/A 44
Hook-and-line <50 CV........ 1,608 9.32 1,026 5.29 582
Hook-and-line >=50 CV....... 738 5.61 618 1.10 121
Hook-and-line CP............ 562 4.11 452 1.00 110
Trawl CV \1\................ 4,579 25.29 2,785 16.29 1,794
Trawl CP.................... 462 2.00 221 2.19 242
All Pot CV and Pot CP....... 3,062 17.83 1,963 9.97 1,098
-------------------------------------------------------------------------------
Total................... 11,123 64.16 7,131 35.84 3,991
----------------------------------------------------------------------------------------------------------------
Eastern GOA..................... .............. Inshore (90% of Annual TAC)
Offshore (10% of Annual TAC)
---------------------------------------------------------------
1,755 1,580
176
----------------------------------------------------------------------------------------------------------------
\1\ Trawl catcher vessels participating in Rockfish Program cooperatives receive 3.81 percent, or 424 mt, of the
annual Central GOA TAC, which is deducted from the Trawl CV B season allowance (see Table 12. Final 2023
Apportionments of Rockfish Secondary Species in the Central GOA and Table 28c to 50 CFR part 679).
Table 6--Final 2024 Seasonal Apportionments and Allocation of Pacific Cod Total Allowable Catch (TAC) Amounts in
the GOA; Allocations in the Western GOA and Central GOA Sectors, and the Eastern GOA Inshore and Offshore
Processing Components
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
A Season B Season
---------------------------------------------------------------
Annual Sector Sector
Regulatory area and sector allocation percentage of Seasonal percentage of Seasonal
(mt) annual non-jig allowances annual non-jig allowances
TAC (mt) TAC (mt)
----------------------------------------------------------------------------------------------------------------
Western GOA:
Jig (2.5% of TAC)........... 120 2.50 72 N/A 48
Hook-and-line CV............ 66 0.70 33 0.70 33
Hook-and-line CP............ 929 10.90 511 8.90 417
Trawl CV.................... 1,801 31.54 1,479 6.86 322
Trawl CP.................... 113 0.90 42 1.50 70
All Pot CV and Pot CP....... 1,783 19.80 929 18.20 854
-------------------------------------------------------------------------------
Total................... 4,811 63.84 3,067 36.16 1,744
----------------------------------------------------------------------------------------------------------------
Central GOA:
[[Page 13249]]
Jig (1.0% of TAC)........... 102 1.00 61 N/A 41
Hook-and-line <50 CV........ 1,481 9.32 944 5.29 536
Hook-and-line >=50 CV....... 680 5.61 569 1.10 111
Hook-and-line CP............ 518 4.11 416 1.00 101
Trawl CV \1\................ 4,216 25.29 2,564 16.29 1,652
Trawl CP.................... 426 2.00 203 2.19 222
All Pot CV and Pot CP....... 2,819 17.83 1,808 9.97 1,011
-------------------------------------------------------------------------------
Total................... 10,241 64.16 6,566 35.84 3,675
----------------------------------------------------------------------------------------------------------------
Eastern GOA..................... .............. Inshore (90% of Annual TAC)
Offshore (10% of Annual TAC)
---------------------------------------------------------------
1,616 1,455
162
----------------------------------------------------------------------------------------------------------------
\1\ Trawl catcher vessels participating in Rockfish Program cooperatives receive 3.81 percent, or 390 mt, of the
annual Central GOA TAC, which is deducted from the Trawl CV B season allowance (see Table 13. Final 2024
Apportionments of Rockfish Secondary Species in the Central GOA and Table 28c to 50 CFR part 679).
Allocations of the Sablefish TAC Amounts to Vessels Using Fixed and
Trawl Gear
Section 679.20(a)(4)(i) and (ii) require allocations of sablefish
TACs for each of the regulatory areas and districts to fixed and trawl
gear. In the Western and Central Regulatory Areas, 80 percent of each
TAC is allocated to fixed gear, and 20 percent of each TAC is allocated
to trawl gear. In the Eastern Regulatory Area, 95 percent of the TAC is
allocated to fixed gear, and 5 percent is allocated to trawl gear. The
trawl gear allocation in the Eastern Regulatory Area may only be used
to support incidental catch of sablefish using trawl gear while
directed fishing for other target species (Sec. 679.20(a)(4)(i)).
In recognition of the prohibition against trawl gear in the SEO
District of the Eastern Regulatory Area, the Council recommended, and
NMFS approves, specifying for incidental catch the allocation of 5
percent of the combined Eastern Regulatory Area sablefish TAC to trawl
gear in the WYK District of the Eastern Regulatory Area. The remainder
of the WYK District sablefish TAC is allocated to vessels using fixed
gear. NMFS allocates 100 percent of the sablefish TAC in the SEO
District to vessels using fixed gear. This action results in 2023
allocations of 440 mt to trawl gear and 2,765 mt to fixed gear in the
WYK District, a 2023 allocation of 5,602 mt to fixed gear in the SEO
District, and a 2024 allocation of 383 mt to trawl gear in the WYK
District. Table 7 lists the allocations of the 2023 sablefish TACs to
fixed and trawl gear. Table 8 lists the allocations of the 2024
sablefish TACs to trawl gear.
The Council recommended that a trawl sablefish TAC be established
for 2 years so that retention of incidental catch of sablefish by trawl
gear could commence in January in the second year of the groundfish
harvest specifications. Both the 2023 and 2024 trawl allocations are
specified in these final harvest specifications in Tables 7 and 8,
respectively.
The Council also recommended that the fixed gear sablefish TAC be
established annually to ensure that this IFQ fishery is conducted
concurrently with the halibut IFQ fishery and is based on the most
recent survey information. Since there is an annual assessment for
sablefish and since the final harvest specifications are expected to be
published before the IFQ season begins in March 2023, the Council
recommended that the fixed gear sablefish TAC be set annually, rather
than for 2 years, so that the best scientific information available
could be considered in establishing the sablefish TACs. Accordingly,
Table 7 lists the 2023 fixed gear allocations, and the 2024 fixed gear
allocations will be specified in the 2024 and 2025 harvest
specifications.
With the exception of the trawl allocations that are provided to
the Rockfish Program (see Table 28c to 50 CFR part 679), directed
fishing for sablefish with trawl gear in the GOA is closed during the
fishing year. Also, fishing for groundfish with trawl gear is
prohibited prior to January 20 (Sec. 679.23(c)). Therefore, it is not
likely that the sablefish allocation to trawl gear will be reached
before the effective date of these final 2023 and 2024 harvest
specifications.
Table 7--Final 2023 Sablefish TAC Amounts in the Gulf of Alaska and Allocations to Fixed and Trawl Gear
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Fixed gear Trawl gear
Area/district TAC allocation allocation
----------------------------------------------------------------------------------------------------------------
Western......................................................... 4,473 3,578 895
Central \1\..................................................... 9,921 7,936 1,985
West Yakutat \2\................................................ 3,205 2,765 440
[[Page 13250]]
Southeast Outside............................................... 5,602 5,602 0
-----------------------------------------------
Total....................................................... 23,201 19,881 3,320
----------------------------------------------------------------------------------------------------------------
\1\ The trawl allocation of sablefish in the Central Regulatory Area is further apportioned to the Rockfish
Program cooperatives (1,021 mt). See Table 12: Final 2023 Apportionments of Rockfish Secondary Species in the
Central GOA. This results in 964 mt being available for the non-Rockfish Program trawl fisheries.
\2\ The trawl allocation is based on allocating 5 percent of the combined Eastern Regulatory Area (West Yakutat
and Southeast Outside Districts) sablefish TAC as incidental catch to trawl gear in the West Yakutat District.
Table 8--Final 2024 Sablefish TAC Amounts in the Gulf of Alaska and Allocations to Trawl Gear \1\
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Fixed gear Trawl gear
Area/district TAC allocation allocation
----------------------------------------------------------------------------------------------------------------
Western......................................................... 4,626 n/a 925
Central \2\..................................................... 8,819 n/a 1,764
West Yakutat \3\................................................ 2,669 n/a 383
Southeast Outside............................................... 4,981 n/a 0
-----------------------------------------------
Total....................................................... 21,095 0 3,072
----------------------------------------------------------------------------------------------------------------
\1\ The Council recommended that the final 2024 harvest specifications for the fixed gear sablefish Individual
Fishing Quota fisheries not be specified in the final 2023 and 2024 harvest specifications. The final 2024
harvest specifications for fixed gear will be specified in the 2024 and 2025 harvest specifications.
\2\ The trawl allocation of sablefish in the Central Regulatory Area is further apportioned to the Rockfish
Program cooperatives (907 mt). See Table 13: Final 2024 Apportionments of Rockfish Secondary Species in the
Central GOA. This results in 857 mt being available for the non-Rockfish Program trawl fisheries.
\3\ The trawl allocation is based on allocating 5 percent of the combined Eastern Regulatory Area (West Yakutat
and Southeast Outside Districts) sablefish TAC as incidental catch to trawl gear in the West Yakutat District.
Allocations, Apportionments, and Sideboard Limits for the Rockfish
Program
These final 2023 and 2024 harvest specifications for the GOA
include the fishery cooperative allocations and sideboard limitations
established by the Rockfish Program. Rockfish Program participants are
primarily trawl CVs and trawl CPs, with limited participation by
vessels using longline gear. The Rockfish Program assigns quota share
and cooperative quota to participants for primary species (Pacific
ocean perch, northern rockfish, and dusky rockfish) and secondary
species (Pacific cod, rougheye and blackspotted rockfish, sablefish,
shortraker rockfish, and thornyhead rockfish), allows a participant
holding a license limitation program (LLP) license with rockfish quota
share to form a rockfish cooperative with other persons, and allows
holders of CP LLP licenses to opt out of the fishery. The Rockfish
Program also has an entry-level fishery for rockfish primary species
for vessels using longline gear. Longline gear includes hook-and-line,
jig, troll, and handline gear.
Under the Rockfish Program, rockfish primary species in the Central
GOA are allocated to participants after deducting for incidental catch
needs in other directed groundfish fisheries (Sec. 679.81(a)(2)).
Participants in the Rockfish Program also receive a portion of the
Central GOA TAC of specific secondary species. In addition to
groundfish species, the Rockfish Program allocates a portion of the
halibut PSC limit (191 mt) from the third season deep-water species
fishery allowance for the GOA trawl fisheries to Rockfish Program
participants (Sec. 679.81(d) and Table 28d to 50 CFR part 679). The
Rockfish Program also establishes sideboard limits to restrict the
ability of harvesters operating under the Rockfish Program to increase
their participation in other, non-Rockfish Program fisheries. These
restrictions and halibut PSC limits are discussed in the Rockfish
Program Groundfish Sideboard and Halibut PSC Limitations section of
this rule.
Section 679.81(a)(2)(ii) and Table 28e to 50 CFR part 679 require
allocations of 5 mt of Pacific ocean perch, 5 mt of northern rockfish,
and 50 mt of dusky rockfish to the entry-level longline fishery in 2023
and 2024. The allocations for the entry-level longline fishery may
increase incrementally each year if the catch in the previous year
exceeds 90 percent of the allocation of a species. The incremental
increase in the allocation would continue each year until it reaches
the maximum percent of the TAC assigned to the Rockfish Program for
that species. In 2022, the catch of Pacific ocean perch, northern
rockfish, and dusky rockfish did not attain the 90 percent threshold,
and the final allocations for 2023 therefore remain the same as the
2022 allocations. The remainder of the TACs for the rockfish primary
species are allocated to the CV and CP cooperatives (Sec.
679.81(a)(2)(iii)). Table 9 lists the allocations of the 2023 and 2024
TACs for each rockfish primary species to the entry-level longline
fishery, the potential incremental increases for future years, and the
maximum percent of the TACs assigned to the Rockfish Program that may
be allocated to the rockfish entry-level longline fishery.
[[Page 13251]]
Table 9--Final 2023 and Initial 2024 Allocations of Rockfish Primary Species to the Entry Level Longline Fishery
in the Central Gulf of Alaska
----------------------------------------------------------------------------------------------------------------
Incremental increase in
Rockfish primary species 2023 and 2024 allocations 2024 if >90% of 2023 Up to maximum
allocation is harvested percent of TAC
----------------------------------------------------------------------------------------------------------------
Pacific ocean perch................... 5 metric tons............ 5 metric tons............ 1
Northern rockfish..................... 5 metric tons............ 5 metric tons............ 2
Dusky rockfish........................ 50 metric tons........... 20 metric tons........... 5
----------------------------------------------------------------------------------------------------------------
Section 679.81 requires allocations of rockfish primary species
among various sectors of the Rockfish Program. Tables 10 and 11 list
the final 2023 and 2024 allocations of rockfish primary species in the
Central GOA to the entry-level longline fishery, and rockfish CV and CP
cooperatives in the Rockfish Program. NMFS also is setting aside
incidental catch amounts (ICAs) for other directed fisheries in the
Central GOA of 3,000 mt of Pacific ocean perch, 300 mt of northern
rockfish, and 250 mt of dusky rockfish. These amounts are based on
recent average incidental catches of these species in the Central GOA
by other groundfish fisheries.
Allocations among vessels belonging to CV or CP cooperatives are
not included in these final harvest specifications. Rockfish Program
applications for CV cooperatives and CP cooperatives are not due to
NMFS until March 1 of each calendar year; therefore, NMFS cannot
calculate 2023 and 2024 allocations in conjunction with these final
harvest specifications (Sec. 679.81(f)). After receiving the Rockfish
Program applications, NMFS will calculate the 2023 allocations for CV
and CP cooperatives, as set forth in Sec. 679.81(b), (c), and (e);
NMFS will post the 2023 allocations on the Alaska Region website at
<a href="https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports#central-goa-rockfish">https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports#central-goa-rockfish</a> when they become
available after March 1, 2023.
Table 10--Final 2023 Allocations of Rockfish Primary Species in the Central Gulf of Alaska to the Entry Level
Longline Fishery and Rockfish Cooperatives in the Rockfish Program
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Allocation to Allocation to
Central GOA Incidental the entry the Rockfish
Rockfish primary species annual TAC catch TAC minus ICA level longline cooperatives
allowance \1\ fishery \2\
----------------------------------------------------------------------------------------------------------------
Pacific ocean perch............. 29,940 3,000 26,940 5 26,935
Northern rockfish............... 2,350 300 2,050 5 2,045
Dusky rockfish.................. 7,647 250 7,397 50 7,347
-------------------------------------------------------------------------------
Total....................... 39,937 3,550 36,387 60 36,327
----------------------------------------------------------------------------------------------------------------
\1\ Longline gear includes hook-and-line, jig, troll, and handline gear (50 CFR 679.2).
\2\ Rockfish cooperatives include vessels in CV and CP cooperatives (50 CFR 679.81).
Table 11--Final 2024 Allocations of Rockfish Primary Species in the Central Gulf of Alaska to the Entry Level
Longline Fishery and Rockfish Cooperatives in the Rockfish Program
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Allocation to Allocation to
Central GOA Incidental the entry the Rockfish
Rockfish primary species annual TAC catch TAC minus ICA level longline cooperatives
allowance \1\ fishery \2\
----------------------------------------------------------------------------------------------------------------
Pacific ocean perch............. 29,138 3,000 26,138 5 26,133
Northern rockfish............... 2,244 300 1,944 5 1,939
Dusky rockfish.................. 7,264 250 7,014 50 6,964
-------------------------------------------------------------------------------
Total....................... 38,646 3,550 35,096 60 35,036
----------------------------------------------------------------------------------------------------------------
\1\ Longline gear includes hook-and-line, jig, troll, and handline gear (50 CFR 679.2).
\2\ Rockfish cooperatives include vessels in CV and CP cooperatives (50 CFR 679.81).
Section 679.81(c) and Table 28c to 50 CFR part 679 require
allocations of rockfish secondary species to CV and CP cooperatives in
the Central GOA. CV cooperatives receive allocations of Pacific cod,
sablefish from the trawl gear allocation, and thornyhead rockfish. CP
cooperatives receive allocations of sablefish from the trawl gear
allocation, rougheye and blackspotted rockfish, shortraker rockfish,
and thornyhead rockfish. Tables 12 and 13 list the apportionments of
the 2023 and 2024 TACs of rockfish secondary species in the Central GOA
to CV and CP cooperatives.
[[Page 13252]]
Table 12--Final 2023 Apportionments of Rockfish Secondary Species in the Central GOA to Catcher Vessel and Catcher/Processor Cooperatives
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Catcher vessel cooperatives Catcher/processor cooperatives
Central GOA -------------------------------------------------------------------
Rockfish secondary species annual TAC Percentage of Apportionment Percentage of Apportionment
TAC (mt) TAC (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific cod........................................................ 11,123 3.81 424 0.00 0
Sablefish.......................................................... 9,921 6.78 673 3.51 348
Shortraker rockfish................................................ 280 0.00 0 40.00 112
Rougheye/blackspotted rockfish..................................... 232 0.00 0 58.87 137
Thornyhead rockfish................................................ 693 7.84 54 26.50 184
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 13--Final 2024 Apportionments of Rockfish Secondary Species in the Central GOA to Catcher Vessel and Catcher/Processor Cooperatives
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Catcher vessel cooperatives Catcher/processor cooperatives
Central GOA -------------------------------------------------------------------
Rockfish secondary species annual TAC Percentage of Apportionment Percentage of Apportionment
TAC (mt) TAC (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific cod........................................................ 10,241 3.81 390 0.00 0
Sablefish.......................................................... 8,819 6.78 598 3.51 310
Shortraker rockfish................................................ 280 0.00 0 40.00 112
Rougheye/blackspotted rockfish..................................... 231 0.00 0 58.87 136
Thornyhead rockfish................................................ 693 7.84 54 26.50 184
--------------------------------------------------------------------------------------------------------------------------------------------------------
Halibut PSC Limits
Section 679.21(d) establishes annual halibut PSC limit
apportionments to trawl gear and hook-and-line gear, and authorizes the
establishment of apportionments for pot gear. In December 2022, the
Council recommended and NMFS approves halibut PSC limits of 1,705 mt
for trawl gear, 257 mt for hook-and-line gear, and 9 mt for the
demersal shelf (DSR) rockfish fishery in the SEO District for both 2023
and 2024, consistent with Sec. 679.21.
The DSR fishery in the SEO District is defined at Sec.
679.21(d)(2)(ii)(A). This fishery is apportioned 9 mt of the halibut
PSC limit in recognition of its small-scale harvests of groundfish
(Sec. 679.21(d)(2)(i)(A)). The separate halibut PSC limit for the DSR
fishery is intended to prevent that fishery from being impacted from
the halibut PSC incurred by other GOA fisheries. NMFS estimates low
halibut bycatch in the DSR fishery because: (1) the duration of the DSR
fishery and the gear soak times are short; (2) the DSR fishery occurs
in the winter when there is less overlap in the distribution of DSR and
halibut; and, (3) the directed commercial DSR fishery has a low DSR
TAC. The Alaska Department of Fish and Game sets the commercial GHL for
the DSR fishery after deducting estimates of DSR incidental catch in
all fisheries (including halibut and subsistence) and allocation to the
sport DSR fishery. In 2022, the commercial fishery for DSR was closed
due to concerns about declining DSR biomass.
The FMP authorizes the Council and NMFS to exempt specific gear
from the halibut PSC limits. NMFS, after consultation with the Council,
exempts pot gear, the sablefish IFQ fixed gear fishery categories, and
jig gear from the non-trawl halibut PSC limit for 2023 and 2024. The
Council recommended, and NMFS approves, these exemptions because: (1)
the pot gear fisheries have low annual halibut bycatch mortality; (2)
IFQ program regulations prohibit discard of halibut if any halibut IFQ
permit holder on board a catcher vessel holds unused halibut IFQ for
that vessel category and the IFQ regulatory area in which the vessel is
operating (Sec. 679.7(f)(11)); (3) some sablefish IFQ fishermen hold
halibut IFQ permits and are therefore required to retain the halibut
they catch while fishing sablefish IFQ; and (4) NMFS estimates
negligible halibut mortality for the jig gear fisheries given the small
amount of groundfish harvested by jig gear, the selective nature of jig
gear, and the high survival rates of halibut caught and released with
jig gear.
The best available information on estimated halibut bycatch
consists of data collected by fisheries observers during 2022. The
calculated halibut bycatch mortality through December 31, 2022, is 355
mt for trawl gear and 43 mt for hook-and-line gear for a total halibut
mortality of 398 mt. This halibut mortality was calculated using
groundfish and halibut catch data from the NMFS Alaska Region's catch
accounting system. This accounting system contains historical and
recent catch information compiled from each Alaska groundfish fishery.
Section 679.21(d)(4)(i) and (ii) authorize NMFS to seasonally
apportion the halibut PSC limits after consultation with the Council.
The FMP and regulations require that the Council and NMFS consider the
following information in seasonally apportioning halibut PSC limits:
(1) seasonal distribution of halibut; (2) seasonal distribution of
target groundfish species relative to halibut distribution; (3)
expected halibut bycatch needs on a seasonal basis relative to changes
in halibut biomass and expected catch of target groundfish species; (4)
expected bycatch rates on a seasonal basis; (5) expected changes in
directed groundfish fishing seasons; (6) expected actual start of
fishing effort; and (7) economic effects of establishing seasonal
halibut allocations on segments of the target groundfish industry. The
Council considered information from the 2022 SAFE report, NMFS catch
data, State of Alaska catch data, International Pacific Halibut
Commission (IPHC) stock assessment and mortality data, and public
testimony when apportioning the halibut PSC limits. NMFS concurs with
the Council's recommendations listed in
[[Page 13253]]
Table 14, which shows the final 2023 and 2024 Pacific halibut PSC
limits, allowances, and apportionments.
Section 679.21(d)(4)(iii) and (iv) specify that any unused amounts,
or overages, of a seasonal apportionment of a halibut PSC limit will be
added to, or deducted from, the next respective seasonal apportionment
within the fishing year.
Table 14--Final 2023 and 2024 Pacific Halibut Prohibited Species Catch (PSC) Limits, Allowances, and
Apportionments
[Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
Trawl gear Hook-and-line gear \1\
----------------------------------------------------------------------------------------------------------------
Other than DSR DSR
Season Percent Amount ---------------------------------------------------------------
Season Percent Amount Season Amount
----------------------------------------------------------------------------------------------------------------
January 20-April 1........... 30.5 519 January 1-June 86 221 January 1- 9
10. December 31.
April 1-July 1............... 20.0 341 June 10- 2 5
September 1.
July 1-August 1.............. 27.0 462 September 1- 12 31
December 31.
August 1-October 1........... 7.5 128
October 1-December 31........ 15.0 256
------------------- ------------------- --------
Total.................... ........ 1,705 ................ ........ 257 ................ 9
----------------------------------------------------------------------------------------------------------------
Note: Seasonal or sector apportionments may not total precisely due to rounding.
\1\ The Pacific halibut prohibited species catch (PSC) limit for hook-and-line gear is allocated to the DSR
fishery in the SEO District and to the hook-and-line fisheries other than the DSR fishery. The fixed gear
sablefish IFQ fishery is exempt from halibut PSC limits, as are pot and jig gear for all groundfish fisheries.
Section 679.21(d)(3)(ii) authorizes further apportionment of the
trawl halibut PSC limit to trawl fishery categories listed in Sec.
679.21(d)(3)(iii). The annual apportionments are based on each
category's proportional share of the anticipated halibut bycatch
mortality during the fishing year and optimization of the total amount
of groundfish harvest under the halibut PSC limit. The fishery
categories for the trawl halibut PSC limits are: (1) a deep-water
species fishery, composed of sablefish, rockfish, deep-water flatfish,
rex sole, and arrowtooth flounder; and (2) a shallow-water species
fishery, composed of pollock, Pacific cod, shallow-water flatfish,
flathead sole, Atka mackerel, and ``other species'' (sharks and
octopuses) (Sec. 679.21(d)(3)(iii)). Halibut mortality incurred while
directed fishing for skates with trawl gear accrues towards the
shallow-water species fishery halibut PSC limit (69 FR 26320, May 12,
2004).
NMFS will combine available trawl halibut PSC limit apportionments
during a portion of the second season deep-water and shallow-water
species fisheries for use in either fishery from May 15 through June 30
(Sec. 679.21(d)(4)(iii)(D)). This is intended to maintain groundfish
harvest while minimizing halibut bycatch by these sectors to the extent
practicable. This provides the deep-water and shallow-water species
trawl fisheries additional flexibility and the incentive to participate
in fisheries at times of the year that may have lower halibut PSC rates
relative to other times of the year.
Table 15 lists the final 2023 and 2024 apportionments of trawl
halibut PSC limits between the trawl gear deep-water and shallow-water
species fishery categories.
Table 28d to 50 CFR part 679 specifies the amount of the trawl
halibut PSC limit that is assigned to the CV and CP sectors that are
participating in the Rockfish Program. This includes 117 mt of halibut
PSC limit to the CV sector and 74 mt of halibut PSC limit to the CP
sector. These amounts are allocated from the trawl deep-water species
fishery's halibut PSC third seasonal apportionment. After the combined
CV and CP halibut PSC limit allocation of 191 mt to the Rockfish
Program, 150 mt remains for the trawl deep-water species fishery's
halibut PSC third seasonal apportionment.
Section 679.21(d)(4)(iii)(B) limits the amount of the halibut PSC
limit allocated to Rockfish Program participants that could be re-
apportioned to the last seasonal apportionment for the general GOA
trawl fisheries during the current fishing year to no more than 55
percent of the unused annual halibut PSC limit apportioned to Rockfish
Program participants. The remainder of the unused Rockfish Program
halibut PSC limit is unavailable for use by any person for the
remainder of the fishing year (Sec. 679.21(d)(4)(iii)(C)).
Table 15--Final 2023 and 2024 Apportionment of Pacific Halibut Prohibited Species Catch Limits Between the Trawl
Gear Deep-Water Species Fishery and the Shallow-Water Species Fishery Categories
[Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
Season Shallow-water Deep-water \1\ Total
----------------------------------------------------------------------------------------------------------------
January 20-April 1..................................... 384 135 519
April 1-July 1......................................... 85 256 341
July 1-August 1........................................ 121 341 462
August 1-October 1..................................... 53 75 128
--------------------------------------------------------
Subtotal January 20-October 1...................... 643 807 1,450
----------------------------------------------------------------------------------------------------------------
October 1-December 31 \2\.............................. ................. ................. 256
--------------------------------------------------------
[[Page 13254]]
Total.............................................. ................. ................. 1,705
----------------------------------------------------------------------------------------------------------------
\1\ Vessels participating in cooperatives in the Central GOA Rockfish Program will receive 191 mt of the third
season (July 1 through August 1) deep-water species fishery halibut PSC apportionment.
\2\ There is no apportionment between trawl shallow-water and deep-water species fishery categories during the
fifth season (October 1 through December 31).
Section 679.21(d)(2)(i)(B) requires that the ``other hook-and-line
fishery'' halibut PSC limit apportionment to vessels using hook-and-
line gear must be apportioned between CVs and CPs in accordance with
Sec. 679.21(d)(2)(iii) in conjunction with these harvest
specifications. A comprehensive description and example of the
calculations necessary to apportion the ``other hook-and-line fishery''
halibut PSC limit between the hook-and-line CV and CP sectors were
included in the proposed rule to implement Amendment 83 to the FMP (76
FR 44700, July 26, 2011) and are not repeated here.
Pursuant to Sec. 679.21(d)(2)(iii), the hook-and-line halibut PSC
limit for the ``other hook-and-line fishery'' is apportioned between
the CV and CP sectors in proportion to the total Western and Central
GOA Pacific cod allocations, which vary annually based on the
proportion of the Pacific cod biomass between the Western, Central, and
Eastern GOA. Pacific cod is apportioned among these three management
areas based on the percentage of overall biomass per area, as
calculated in the 2022 Pacific cod stock assessment. Updated
information in the final 2022 SAFE report describes this distributional
calculation, which allocates ABC among GOA regulatory areas on the
basis of the three most recent stock surveys. For 2023 and 2024, the
distribution of the total GOA Pacific cod ABC is 29 percent to the
Western GOA, 61 percent to the Central GOA, and 10 percent to the
Eastern GOA. Therefore, the calculations made in accordance with Sec.
679.21(d)(2)(iii) incorporate the most recent information on GOA
Pacific cod distribution and allocations with respect to establishing
the annual halibut PSC limits for the CV and CP hook-and-line sectors
of the ``other hook-and-line fishery.'' Additionally, the annual
halibut PSC limits for both the CV and CP sectors of the ``other hook-
and-line fishery'' are divided into three seasonal apportionments,
using seasonal percentages of 86 percent, 2 percent, and 12 percent.
For 2023 and 2024, NMFS apportions halibut PSC limits of 150 mt and
107 mt to the hook-and-line CV and hook-and-line CP sectors,
respectively. Table 16 lists the final 2023 and 2024 apportionments of
halibut PSC limits between the hook-and-line CV and the hook-and-line
CP sectors of the ``other hook-and-line fishery.''
No later than November 1 of each year, NMFS will calculate the
projected unused amount of halibut PSC limit by either of the CV or CP
hook-and-line sectors that comprise the two sectors of the ``other
hook-and-line fishery'' for the remainder of the year. The projected
unused amount of halibut PSC limit is made available to the other
sector for the remainder of that fishing year (Sec.
679.21(d)(2)(iii)(C)), if NMFS determines that an additional amount of
halibut PSC is necessary for that sector to continue its directed
fishing operations.
Table 16--Final 2023 and 2024 Apportionments of the ``Other Hook-and-Line Fishery'' Annual Halibut Prohibited
Species Catch Allowance Between the Hook-and-Line Gear Catcher Vessel and Catcher/Processor Sectors
[Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
Sector
``Other than DSR'' allowance Hook-and-line Sector annual Season Seasonal seasonal
sector amount percentage amount
----------------------------------------------------------------------------------------------------------------
257.......................... Catcher Vessel.. 150 January 1-June 86 129
10.
June 10- 2 3
September 1.
September 1- 12 18
December 31.
Catcher/ 107 January 1-June 86 92
Processor. 10.
June 10- 2 2
September 1.
September 1- 12 13
December 31.
----------------------------------------------------------------------------------------------------------------
Estimates of Halibut Biomass and Stock Condition
The IPHC annually assesses the abundance and potential yield of the
Pacific halibut stock using all available data from the commercial and
sport fisheries, other removals, and scientific surveys. Additional
information on the Pacific halibut stock assessment may be found in the
IPHC's 2022 Pacific halibut stock assessment (December 2022), available
on the IPHC website at <a href="https://www.iphc.int">https://www.iphc.int</a>. The IPHC considered the
2022 Pacific halibut stock assessment at its January 2023 annual
meeting when it set the 2023 commercial halibut fishery catch limits.
Halibut Discard Mortality Rates
To monitor halibut bycatch mortality allowances and apportionments,
the Regional Administrator uses observed halibut incidental catch
rates, halibut discard mortality rates (DMRs), and estimates of
groundfish catch to project when a fishery's halibut bycatch mortality
allowance or seasonal apportionment is reached. Halibut
[[Page 13255]]
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
GOA stock assessment process. The DMR methodology and findings are
included as an appendix to the annual GOA groundfish SAFE report.
In 2016, the DMR estimation methodology underwent revisions per the
Council's directive. An interagency halibut working group (IPHC,
Council, and NMFS staff) developed improved estimation methods that
have undergone review by the GOA Plan Team, SSC, and the Council. A
summary of the revised methodology is contained in the GOA proposed
2017 and 2018 harvest specifications (81 FR 87881, 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 in the methodology used for
calculating DMRs. The working group will continue to consider
improvements to the methodology used to calculate halibut mortality,
including potential changes to the reference period (the period of data
used for calculating the DMRs). The new methodology continues to ensure
that NMFS is using DMRs that accurately reflect halibut mortality,
which will inform the sectors of their estimated halibut mortality and
allow sectors to respond with methods that could reduce mortality and,
eventually, the DMR for that sector.
At the December 2022 meeting, the SSC, AP, and the Council
concurred with the revised DMR estimation methodology, and NMFS adopts
for 2023 and 2024 the DMRs calculated under the revised methodology,
which uses an updated 2-year reference period. The final 2023 and 2024
DMRs in this rule are unchanged from the DMRs in the proposed 2023 and
2024 harvest specifications (87 FR 74102, December 2, 2022). Table 17
lists these final 2023 and 2024 DMRs.
Table 17--Final 2023 and 2024 Halibut Discard Mortality Rates for Vessels Fishing in the Gulf of Alaska
[Values are percent of halibut assumed to be dead]
----------------------------------------------------------------------------------------------------------------
Halibut
discard
Gear Sector Groundfish fishery mortality rate
(percent)
----------------------------------------------------------------------------------------------------------------
Pelagic trawl........................... Catcher vessel............ All....................... 100
Catcher/processor......... All....................... 100
Non-pelagic trawl....................... Catcher vessel............ Rockfish Program.......... 55
Catcher vessel............ All others................ 74
Mothership and catcher/ All....................... 83
processor.
Hook-and-line........................... Catcher/processor......... All....................... 13
Catcher vessel............ All....................... 9
Pot..................................... Catcher vessel and catcher/ All....................... 27
processor.
----------------------------------------------------------------------------------------------------------------
Chinook Salmon Prohibited Species Catch Limits
Amendment 93 to the FMP (77 FR 42629, July 20, 2012) established
separate Chinook salmon PSC limits in the Western and Central GOA in
the directed pollock trawl fishery. NMFS is required to close the
directed pollock fishery in the Western and Central Regulatory Areas of
the GOA if the applicable Chinook salmon PSC limit in that regulatory
area will be reached (Sec. 679.21(h)(8)). The annual Chinook salmon
PSC limits in the directed pollock fishery of 6,684 salmon in the
Western GOA and 18,316 salmon in the Central GOA are set at Sec.
679.21(h)(2).
Amendment 97 to the FMP (79 FR 71350, December 2, 2014) established
an initial annual PSC limit of 7,500 Chinook salmon for the trawl non-
pollock groundfish fisheries in the Western and Central GOA. This limit
is apportioned among the three sectors that conduct directed fishing
for groundfish species other than pollock: 3,600 Chinook salmon to
trawl CPs; 1,200 Chinook salmon to trawl CVs participating in the
Rockfish Program; and 2,700 Chinook salmon to trawl CVs not
participating in the Rockfish Program (Sec. 679.21(h)(4)). NMFS will
monitor the Chinook salmon PSC in the trawl non-pollock groundfish
fisheries and close an applicable sector if it will reach its Chinook
salmon PSC limit.
The Chinook salmon PSC limit for two sectors, trawl CPs and trawl
CVs not participating in the Rockfish Program, may be increased in
subsequent years based on the performance of these two sectors and
their ability to minimize their use of their respective Chinook salmon
PSC limits during a calendar year. If either or both of these two
sectors limited its use of Chinook salmon PSC to a specified threshold
amount in 2022 (3,120 for trawl CPs and 2,340 for Non-Rockfish Program
trawl CVs), that sector will receive an incremental increase to its
2023 Chinook salmon PSC limit (Sec. 679.21(h)(4)). In 2022, the trawl
CP sector did not exceed 3,120 Chinook salmon PSC; therefore, the 2023
trawl CP sector Chinook salmon PSC limit will be 4,080 Chinook salmon.
In 2022, the Non-Rockfish Program trawl CV sector did not exceed 2,340
Chinook salmon PSC; therefore, the 2023 Non-Rockfish Program trawl CV
sector Chinook salmon PSC limit will be 3,060 Chinook salmon.
American Fisheries Act (AFA) Catcher/Processor and Catcher Vessel
Groundfish Harvest Limits
Section 679.64 establishes groundfish harvesting and processing
sideboard limitations on AFA CPs and CVs in the GOA. These sideboard
limits are necessary to protect the interests of fishermen and
processors who do not directly benefit from the AFA as compared to
those fishermen and processors who receive exclusive harvesting and
processing privileges under the AFA. Section 679.7(k)(1)(ii) prohibits
listed AFA CPs and CPs designated on a listed AFA CP permit from
harvesting any species of groundfish in the GOA. Additionally, Sec.
679.7(k)(1)(iv) prohibits listed AFA CPs and CPs designated on a listed
AFA CP permit from processing any pollock harvested in a directed
pollock fishery in the GOA and any groundfish
[[Page 13256]]
harvested in Statistical Area 630 of the GOA.
AFA CVs that are less than 125 feet (38.1 m) length overall, have
annual landings of pollock in the Bering Sea and Aleutian Islands
(BSAI) less than 5,100 mt, and have made at least 40 GOA groundfish
landings from 1995 through 1997 are exempt from GOA CV groundfish
sideboard limits under Sec. 679.64(b)(2)(ii). Sideboard limits for
non-exempt AFA CVs in the GOA are based on their traditional harvest
levels of TAC in groundfish fisheries covered by the FMP. Section
679.64(b)(3)(iv) establishes the CV groundfish sideboard limitations in
the GOA based on the aggregate retained catch of non-exempt AFA CVs of
each sideboard species or species group from 1995 through 1997 divided
by the sum of the TACs for that species or species group available to
CVs over the same period. NMFS published a final rule (84 FR 2723,
February 8, 2019) that implemented regulations to prohibit non-exempt
AFA CVs from directed fishing for specific groundfish species or
species groups subject to sideboard limits (Sec. 679.20(d)(1)(iv)(D)
and Table 56 to 50 CFR part 679). Sideboard limits not subject to the
final rule (84 FR 2723, February 8, 2019) continue to be calculated and
included in the GOA annual harvest specifications.
Tables 18 and 19 list the final 2023 and 2024 groundfish sideboard
limits for non-exempt AFA CVs. NMFS will deduct all targeted or
incidental catch of sideboard species made by non-exempt AFA CVs from
the sideboard limits listed in Tables 18 and 19.
Table 18--Final 2023 GOA Non-Exempt American Fisheries Act Catcher Vessel (CV) Groundfish Sideboard Limits
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Ratio of 1995-
1997 non- Final 2023 non-
Species Apportionments Area exempt AFA CV Final 2023 exempt AFA CV
by season catch to TACs \3\ sideboard
1995-1997 TAC limit
----------------------------------------------------------------------------------------------------------------
Pollock...................... A Season January Shumagin (610). 0.6047 1,685 1,019
20-May 31.
Chirikof (620). 0.1167 58,039 6,773
Kodiak (630)... 0.2028 9,121 1,850
B Season Shumagin (610). 0.6047 25,272 15,282
September 1-
November 1.
Chirikof (620). 0.1167 18,965 2,213
Kodiak (630)... 0.2028 24,608 4,990
Annual.......... WYK (640)...... 0.3495 7,523 2,629
SEO (650)...... 0.3495 11,363 3,971
Pacific cod.................. A Season \1\ W.............. 0.1331 3,331 443
January 1-June
10.
C.............. 0.0692 7,131 493
B Season \2\ W.............. 0.1331 1,894 252
September 1-
December 31.
C.............. 0.0692 3,991 276
Flatfish, shallow-water...... Annual.......... W.............. 0.0156 13,250 207
C.............. 0.0587 26,769 1,571
Flatfish, deep-water......... Annual.......... C.............. 0.0647 2,105 136
E.............. 0.0128 3,455 44
Rex sole..................... Annual.......... C.............. 0.0384 13,110 503
Arrowtooth flounder.......... Annual.......... C.............. 0.0280 65,000 1,820
Flathead sole................ Annual.......... C.............. 0.0213 21,487 458
Pacific ocean Perch.......... Annual.......... C.............. 0.0748 29,940 2,240
E.............. 0.0466 4,724 220
Northern rockfish............ Annual.......... C.............. 0.0277 2,350 65
----------------------------------------------------------------------------------------------------------------
\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.
\3\ The Western and Central GOA and WYK District area apportionments of pollock are considered ACLs.
Table 19--Final 2024 GOA Non-Exempt American Fisheries Act Catcher Vessel (CV) Groundfish Sideboard Limits
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Ratio of 1995-
1997 non- Final 2024 non-
Species Apportionments Area exempt AFA CV Final 2024 exempt AFA CV
by season catch to TACs \3\ sideboard
1995-1997 TAC limit
----------------------------------------------------------------------------------------------------------------
Pollock...................... A Season January Shumagin (610). 0.6047 1,823 1,102
20-May 31.
Chirikof (620). 0.1167 62,771 7,325
Kodiak (630)... 0.2028 9,864 2,000
B Season Shumagin (610). 0.6047 27,333 16,528
September 1-
November 1.
Chirikof (620). 0.1167 20,511 2,394
Kodiak (630)... 0.2028 26,614 5,397
Annual.......... WYK (640)...... 0.3495 8,136 2,844
SEO (650)...... 0.3495 11,363 3,971
Pacific cod.................. A Season \1\ W.............. 0.1331 3,067 408
January 1-June
10.
[[Page 13257]]
C.............. 0.0692 6,566 454
B Season \2\ W.............. 0.1331 1,744 232
September 1-
December 31.
C.............. 0.0692 3,675 254
Flatfish, shallow-water...... Annual.......... W.............. 0.0156 13,250 207
C.............. 0.0587 27,737 1,628
Flatfish, deep-water......... Annual.......... C.............. 0.0647 2,068 134
E.............. 0.0128 3,396 43
Rex sole..................... Annual.......... C.............. 0.0384 13,425 516
Arrowtooth flounder.......... Annual.......... C.............. 0.0280 64,200 1,798
Flathead sole................ Annual.......... C.............. 0.0213 21,892 466
Pacific ocean perch.......... Annual.......... C.............. 0.0748 29,138 2,180
E.............. 0.0466 4,597 214
Northern rockfish............ Annual.......... C.............. 0.0277 2,244 62
----------------------------------------------------------------------------------------------------------------
\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.
\3\ The Western and Central GOA and WYK District area apportionments of pollock are considered ACLs.
Non-Exempt AFA Catcher Vessel Halibut PSC Limits
The halibut PSC sideboard limits for non-exempt AFA CVs in the GOA
are based on the aggregate retained groundfish catch by non-exempt AFA
CVs in each PSC target category from 1995 through 1997 divided by the
retained catch of all vessels in that fishery from 1995 through 1997
(Sec. 679.64(b)(4)(ii)). Table 20 lists the final 2023 and 2024 non-
exempt AFA CV halibut PSC sideboard limits for vessels using trawl gear
in the GOA.
Table 20--Final 2023 and 2024 Non-Exempt AFA CV Halibut Prohibited Species Catch (PSC) Sideboard Limits for
Vessels Using Trawl Gear in the GOA
[Values are rounded to nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Ratio of 1995-
1997 non-
exempt AFA CV 2023 and 2024 2023 and 2024
Season Season dates Target fishery retained halibut PSC non-exempt AFA
catch to limit CV halibut PSC
total limit
retained catch
----------------------------------------------------------------------------------------------------------------
1........................... January 20- shallow-water.. 0.340 384 131
April 1.
deep-water..... 0.070 135 9
2........................... April 1-July 1. shallow-water.. 0.340 85 29
deep-water..... 0.070 256 18
3........................... July 1-August 1 shallow-water.. 0.340 121 41
deep-water..... 0.070 341 24
4........................... August 1- shallow-water.. 0.340 53 18
October 1.
deep-water..... 0.070 75 5
5........................... October 1- all targets.... 0.205 256 52
December 31.
----------------------------------------------------------------------------------------------------------------
Annual....................................... Total shallow- .............. .............. ................
water.
-----------------------------------------------------------------------------------
Total deep- .............. .............. 56
water.
-----------------------------------------------------------------------------------
Total, all season and categories 1,705 328
----------------------------------------------------------------------------------------------------------------
Non-AFA Crab Vessel Groundfish Harvest Limitations
Section 680.22 establishes groundfish catch limits for vessels with
a history of participation in the Bering Sea snow crab fishery to
prevent these vessels from using the increased flexibility provided by
the Crab Rationalization (CR) Program to expand their level of
participation in the GOA groundfish fisheries. Sideboard limits
restrict these vessels' catch to their collective historical landings
in each GOA groundfish fishery (except the fixed-gear sablefish
fishery). Sideboard limits also apply to catch made using an LLP
license derived from the history of a restricted vessel, even if that
LLP license is used on another vessel.
The basis for these sideboard limits is described in detail in the
final rules implementing the major provisions of the CR Program,
including Amendments 18 and 19 to the Fishery Management
[[Page 13258]]
Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (Crab FMP)
(70 FR 10174, March 2, 2005), Amendment 34 to the Crab FMP (76 FR
35772, June 20, 2011), Amendment 83 to the GOA FMP (76 FR 74670,
December 1, 2011), and Amendment 45 to the Crab FMP (80 FR 28539, May
19, 2015).
NMFS published a final rule (84 FR 2723, February 8, 2019) that
implemented regulations to prohibit non-AFA crab vessels from directed
fishing for all groundfish species or species groups subject to
sideboard limits, except for Pacific cod apportioned to CVs using pot
gear in the Western and Central Regulatory Areas (Sec.
680.22(e)(1)(iii)). Accordingly, the GOA annual harvest specifications
will include the non-AFA crab vessel groundfish sideboard limits for
only Pacific cod apportioned to CVs using pot gear in the Western and
Central Regulatory Areas.
Tables 21 and 22 list the final 2023 and 2024 groundfish sideboard
limitations for non-AFA crab vessels. All targeted or incidental catch
of sideboard species made by non-AFA crab vessels or associated LLP
licenses will be deducted from these sideboard limits.
Table 21--Final 2023 GOA Non-American Fisheries Act Crab Vessel Groundfish Sideboard Limits
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ratio of 1996-
2000 non-AFA crab Final 2023 non-
Species Season Area/gear vessel catch to Final 2023 TACs AFA crab vessel
1996-2000 total sideboard limit
harvest
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific cod........................... A Season January 1-June 10... Western Pot CV.......... 0.0997 3,331 332
Central Pot CV.......... 0.0474 7,131 338
B Season September 1-December Western Pot CV.......... 0.0997 1,894 189
31.
Central Pot CV.......... 0.0474 3,991 189
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 22--Final 2024 GOA Non-American Fisheries Act Crab Vessel Groundfish Sideboard Limits
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ratio of 1996-
2000 non-AFA crab Final 2024 non-
Species Season Area/gear vessel catch to Final 2024 TACs AFA crab vessel
1996-2000 total sideboard limit
harvest
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific cod........................... A Season January 1-June 10... Western Pot CV.......... 0.0997 3,067 306
Central Pot CV.......... 0.0474 6,566 311
B Season September 1-December Western Pot CV.......... 0.0997 1,744 174
31.
Central Pot CV.......... 0.0474 3,675 174
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rockfish Program Groundfish Sideboard and Halibut PSC Limitations
The Rockfish Program establishes three classes of sideboard
provisions: CV groundfish sideboard restrictions, CP rockfish sideboard
restrictions, and CP opt-out vessel sideboard restrictions (Sec.
679.82(c)(1)). These sideboards are intended to limit the ability of
rockfish harvesters to expand into other GOA groundfish fisheries.
CVs participating in the Rockfish Program may not participate in
directed fishing for dusky rockfish, Pacific ocean perch, and northern
rockfish in the West Yakutat District and Western GOA from July 1
through July 31. Also, CVs may not participate in directed fishing for
arrowtooth flounder, deep-water flatfish, and rex sole in the GOA from
July 1 through July 31 (Sec. 679.82(d)).
CPs participating in Rockfish Program cooperatives are restricted
by rockfish and halibut PSC sideboard limits. These CPs are prohibited
from directed fishing for dusky rockfish, Pacific ocean perch, and
northern rockfish in the West Yakutat District and Western GOA from
July 1 through July 31 (Sec. 679.82(e)(2)). Prior to 2021, CPs
participating in Rockfish Program cooperatives were restricted by
rockfish sideboard limits in the Western GOA. A final rule that
implemented Amendment 111 to the FMP (86 FR 11895, March 1, 2021)
removed from regulation the Western GOA rockfish sideboard limits for
Rockfish Program CPs. That rule also revised and clarified the
establishment of the West Yakutat District rockfish sideboard ratios in
regulation. The rockfish sideboard ratio for each rockfish fishery in
the West Yakutat District is an established percentage of the TAC for
catcher/processors in the directed fishery for dusky rockfish and
Pacific ocean perch (Sec. 679.82(e)(4)). These percentages are
confidential.
Holders of CP-designated LLP licenses that opt out of participating
in a Rockfish Program cooperative will be able to access that portion
of each rockfish sideboard limit that is not assigned to rockfish
cooperatives (Sec. 679.82(e)(7)).
Under the Rockfish Program, the CP sector is subject to halibut PSC
sideboard limits for the trawl deep-water and shallow-water species
fisheries (Sec. 679.82(e)(3) and (5)). Halibut PSC sideboard ratios by
fishery are set forth in Sec. 679.82(e)(5). The CP sector halibut PSC
sideboard limits are in effective from July 1 through July 31 (Sec.
679.82(e)(6)). No halibut PSC sideboard limits apply to the CV sector,
as CVs participating in cooperatives receive a portion of the annual
halibut PSC limit. CPs that opt out of the Rockfish Program are able to
access that portion of the deep-water and shallow-water species fishery
halibut PSC sideboard limit not assigned to CP rockfish cooperatives.
The sideboard provisions for CPs that elect to opt out of participating
in a rockfish cooperative are described in Sec. 679.82(c), (e), and
(f). Sideboard limits are linked to the catch history of specific
vessels, however, some of these vessels may choose to opt out of the
Rockfish Program. After March 1, NMFS will determine which CPs have
opted-out of the Rockfish Program in 2023, and NMFS will know the
ratios and amounts used to calculate opt-out sideboard ratios. NMFS
will then calculate any applicable opt-out
[[Page 13259]]
sideboards for 2023 and post these limits on the Alaska Region website
at <a href="https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports#central-goa-rockfish">https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports#central-goa-rockfish</a>. Table 23 lists the
final 2023 and 2024 Rockfish Program halibut PSC sideboard limits for
the CP sector.
Table 23--Final 2023 and 2024 Rockfish Program Halibut PSC Sideboard Limits for the Catcher/Processor Sector
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual shallow- Annual deep-
Shallow-water Deep-water 2023 and 2024 water species water species
species fishery species fishery halibut fishery fishery
Sector halibut PSC halibut PSC mortality limit halibut PSC halibut PSC
sideboard ratio sideboard ratio (mt) sideboard limit sideboard limit
(percent) (percent) (mt) (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Catcher/processor.................................................. 0.10 2.50 1,705 2 43
--------------------------------------------------------------------------------------------------------------------------------------------------------
Amendment 80 Program Groundfish and PSC Sideboard Limits
Amendment 80 to the Fishery Management Plan for Groundfish of the
Bering Sea and Aleutian Islands Management Area (Amendment 80 Program)
established a limited access privilege program for the non-AFA trawl CP
sector. The Amendment 80 Program established groundfish and halibut PSC
catch limits for Amendment 80 Program participants to limit the ability
of participants eligible for the Amendment 80 Program to expand their
harvest efforts in the GOA.
Section 679.92 establishes groundfish harvesting sideboard limits
on all Amendment 80 program vessels, other than the fishing vessel (F/
V) Golden Fleece, to amounts no greater than the limits listed in Table
37 to 50 CFR part 679. Under Sec. 679.92(d), the F/V Golden Fleece is
prohibited from directed fishing for pollock, Pacific cod, Pacific
ocean perch, dusky rockfish, and northern rockfish in the GOA.
Groundfish sideboard limits for Amendment 80 Program vessels
operating in the GOA are based on their average aggregate harvests from
1998 through 2004 (72 FR 52668, September 14, 2007). Tables 24 and 25
list the final 2023 and 2024 groundfish sideboard limits for Amendment
80 Program vessels. NMFS will deduct all targeted or incidental catch
of sideboard species made by Amendment 80 Program vessels from the
sideboard limits in Tables 24 and 25.
Table 24--Final 2023 GOA Groundfish Sideboard Limits for Amendment 80 Program Vessels
[Values are rounded to nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ratio of
amendment 80 2023 Amendment 80
Species Apportionments and Area sector vessels 2023 TAC (mt) vessel sideboard
allocations by season 1998-2004 catch limit (mt)
to TAC
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock............................... A Season January 20-May 31... Shumagin (610).......... 0.003 1,685 5
Chirikof (620).......... 0.002 58,039 116
Kodiak (630)............ 0.002 9,121 18
B Season September 1-November Shumagin (610).......... 0.003 25,272 76
1.
Chirikof (620).......... 0.002 18,965 38
Kodiak (630)............ 0.002 24,608 49
Annual....................... WYK (640)............... 0.002 7,523 15
Pacific cod........................... A Season \1\ January 1-June W....................... 0.020 3,331 67
10.
C....................... 0.044 7,131 314
B Season \2\ September 1- W....................... 0.020 1,894 38
December 31.
C....................... 0.044 3,991 176
Annual....................... WYK..................... 0.034 1,755 60
Pacific ocean perch................... Annual....................... W....................... 0.994 2,529 2,514
WYK..................... 0.961 1,370 1,317
Northern rockfish..................... Annual....................... W....................... 1.000 2,614 2,614
Dusky rockfish........................ Annual....................... W....................... 0.764 149 114
WYK..................... 0.896 90 81
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.
[[Page 13260]]
Table 25--Final 2024 GOA Groundfish Sideboard Limits for Amendment 80 Program Vessels
[Values are rounded to nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ratio of
amendment 80 2024 Amendment 80
Species Apportionments and Area sector vessels 2024 TAC (mt) vessel sideboard
allocations by season 1998-2004 catch limit (mt)
to TAC
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock............................... A Season January 20-May 31... Shumagin (610).......... 0.003 1,823 5
Chirikof (620).......... 0.002 62,771 126
Kodiak (630)............ 0.002 9,864 20
B Season September 1-November Shumagin (610).......... 0.003 27,333 82
1.
Chirikof (620).......... 0.002 20,511 41
Kodiak (630)............ 0.002 26,614 53
Annual....................... WYK (640)............... 0.002 8,136 16
Pacific cod........................... A Season \1\ January 1-June W....................... 0.020 3,067 61
10.
C....................... 0.044 6,566 289
B Season \2\ September 1- W....................... 0.020 1,744 35
December 31.
C....................... 0.044 3,675 162
Annual....................... WYK..................... 0.034 1,616 55
Pacific ocean perch................... Annual....................... W....................... 0.994 2,461 2,446
WYK..................... 0.961 1,333 1,281
Northern rockfish..................... Annual....................... W....................... 1.000 2,497 2,497
Dusky rockfish........................ Annual....................... W....................... 0.764 141 108
WYK..................... 0.896 85 76
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.
The halibut PSC sideboard limits for Amendment 80 Program vessels
in the GOA are based on the historic use of halibut PSC by Amendment 80
Program vessels in each PSC target category from 1998 through 2004.
These values are slightly lower than the average historic use to
accommodate two factors: allocation of halibut PSC cooperative quota
under the Rockfish Program and the exemption of the F/V Golden Fleece
from this restriction (Sec. 679.92(b)(2)). Table 26 lists the final
2023 and 2024 halibut PSC sideboard limits for Amendment 80 Program
vessels. These tables incorporate the maximum percentages of the
halibut PSC sideboard limits that may be used by Amendment 80 Program
vessels as contained in Table 38 to 50 CFR part 679. Any residual
amount of a seasonal Amendment 80 halibut PSC sideboard limit may carry
forward to the next season limit (Sec. 679.92(b)(2)).
Table 26--Final 2023 and 2024 Halibut PSC Sideboard Limits for Amendment 80 Program Vessels in the GOA
[Values are rounded to nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Historic
amendment 80 use 2023 and 2024
of the annual 2023 and 2024 Amendment 80
Season Season dates Target fishery halibut PSC Annual halibut vessel halibut
limit catch PSC limit (mt) PSC limit
(ratio)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1..................................... January 20-April 1........... shallow-water........... 0.0048 1,705 8
deep-water.............. 0.0115 1,705 20
2..................................... April 1-July 1............... shallow-water........... 0.0189 1,705 32
deep-water.............. 0.1072 1,705 183
3..................................... July 1-August 1.............. shallow-water........... 0.0146 1,705 25
deep-water.............. 0.0521 1,705 89
4..................................... August 1-October 1........... shallow-water........... 0.0074 1,705 13
deep-water.............. 0.0014 1,705 2
5..................................... October 1-December 31........ shallow-water........... 0.0227 1,705 39
deep-water.............. 0.0371 1,705 63
--------------------------------------------------------
Total............................. ............................. ........................ ................. ................. 474
--------------------------------------------------------------------------------------------------------------------------------------------------------
Directed Fishing Closures
Pursuant to Sec. 679.20(d)(1)(i), if the Regional Administrator
determines (1) that any allocation or apportionment of a target species
or species group allocated or apportioned to a fishery will be reached;
or (2) with respect to pollock and Pacific cod, that an allocation or
apportionment to an inshore or offshore component or sector allocation
will be reached, then the Regional Administrator may establish a
directed fishing allowance (DFA) for that species or species group. If
the Regional Administrator establishes a DFA and that allowance is or
will be reached before the end of the fishing season or year, NMFS will
prohibit directed fishing for that species or species group in the
specified GOA
[[Page 13261]]
subarea, regulatory area, or district (Sec. 679.20(d)(1)(iii)).
The Regional Administrator has determined that the TACs for the
species listed in Table 27 are necessary to account for the incidental
catch of these species in other anticipated groundfish fisheries for
the 2023 and 2024 fishing years.
Table 27--2023 and 2024 Directed Fishing Closures in the GOA
[Amounts for incidental catch in other directed fisheries are in metric
tons]
------------------------------------------------------------------------
Incidental catch
Area/component/ amount and year
Target gear (if amounts differ
by year)
------------------------------------------------------------------------
Pollock......................... all/offshore...... not applicable.\1\
Sablefish \2\................... all/trawl......... 3,320 (2023).
3,072 (2024).
Pacific cod..................... Western, CV, HAL.. 71 (2023), 66
(2024).
Western, CP, trawl 122 (2023, 113
(2024).
Central, CP, trawl 462 (2023), 426
(2024).
Shortraker rockfish \2\......... all............... 705
Rougheye/blackspotted rockfish all............... 775 (2023) 772
\2\. (2024).
Thornyhead rockfish \2\......... all............... 1,628.
Other rockfish.................. all............... 1,610.
Atka mackerel................... all............... 3,000.
Big skate....................... all............... 2,867.
Longnose skate.................. all............... 2,712.
Other skates.................... all............... 984.
Sharks.......................... all............... 4,891.
Octopuses....................... all............... 980.
------------------------------------------------------------------------
\1\ Pollock is closed to directed fishing in the GOA by the offshore
component under Sec. 679.20(a)(6)(i).
\2\ Closures are not applicable to participants in cooperatives
conducted under the Central GOA Rockfish Program because cooperatives
are prohibited from exceeding their allocations (Sec.
679.7(n)(6)(viii)).
Consequently, in accordance with Sec. 679.20(d)(1)(i), the
Regional Administrator establishes the DFA for the species or species
groups listed in Table 27 as zero mt. Therefore, in accordance with
Sec. 679.20(d)(1)(iii), NMFS is prohibiting directed fishing for those
species, areas, gear types, and components in the GOA listed in Table
27 effective at 1200 hours, A.l.t., March 2, 2023, through 2400 hours,
A.l.t., December 31, 2024.
Closures implemented under the 2022 and 2023 GOA harvest
specifications for groundfish (87 FR 11599, March 2, 2022) remain
effective under authority of these final 2023 and 2024 harvest
specifications and until the date specified in those closure
notifications. Closures are posted at the following website under the
Alaska filter for Management Areas: <a href="https://www.fisheries.noaa.gov/rules-and-announcements/bulletins">https://www.fisheries.noaa.gov/rules-and-announcements/bulletins</a>.
While these closures are in effect, the maximum retainable amounts
at Sec. 679.20(e) and (f) apply at any time during a fishing trip.
These closures to directed fishing are in addition to closures and
prohibitions found at 50 CFR part 679. NMFS may implement other
closures during the 2023 and 2024 fishing years as necessary for
effective conservation and management.
Comments and Responses
NMFS did not receive any comments during the public comment period
for the proposed groundfish harvest specifications.
Classification
NMFS is issuing this final rule pursuant to section 305(d) of the
Magnuson-Stevens Act. Through previous actions, the FMP and regulations
are designed to authorize NMFS to take this action. See 50 CFR part
679. The NMFS Assistant Administrator has determined that the final
harvest specifications are consistent with the FMP and with the
Magnuson-Stevens Act and other applicable laws.
This final rule is exempt from review under Executive Order 12866
because it only implements annual catch limits in the GOA.
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 EIS. In January-February
2023, NMFS prepared a SIR for this action to provide a subsequent
assessment of the action and to address the need to prepare a
Supplemental EIS (SEIS; 40 CFR 1501.11(b); Sec. 1502.9(d)(1)). Copies
of the EIS, ROD, and annual SIRs for this action are available from
NMFS (see ADDRESSES). The Final EIS analyzes the environmental, social,
and economic consequences of the groundfish harvest specifications and
alternative harvest strategies on resources in the action area. Based
on the analysis in the Final EIS, NMFS concluded that the preferred
Alternative (Alternative 2) provides the best balance among relevant
environmental, social, and economic considerations and allows for
continued management of the groundfish fisheries based on the most
recent, best scientific information. The preferred alternative is a
harvest strategy in which TACs are set at a level within the range of
ABCs recommended by the Council's SSC; the sum of the TACs must achieve
the OY specified in the FMP. While the specific numbers that the
harvest strategy produces may vary from year to year, the methodology
used for the preferred harvest strategy remains constant.
The annual SIR evaluates the need to prepare a SEIS for the 2023
and 2024 groundfish harvest specifications. An SEIS must be prepared if
(1) the agency makes substantial changes in the proposed action that
are relevant to environmental concerns; or (2) significant new
circumstances or information exist relevant to environmental concerns
and bearing on the proposed action or its impacts (40 CFR
1502.9(d)(1)). After reviewing the information contained in the SIR and
SAFE report, the Regional Administrator has determined that (1)
approval of the 2023 and 2024 harvest specifications, which were set
according to the preferred harvest strategy in the EIS, does not
constitute a substantial
[[Page 13262]]
change in the action; and (2) there are no significant new
circumstances or information relevant to environmental concerns and
bearing on the action or its impacts. The 2023 and 2024 harvest
specifications will result in environmental, social, and economic
impacts within the scope of those analyzed and disclosed in the EIS.
Therefore, a SEIS is not necessary to implement the 2023 and 2024
harvest specifications.
Section 604 of the Regulatory Flexibility Act (RFA) (5 U.S.C. 604)
requires that, when an agency promulgates a final rule under 5 U.S.C.
553, after being required by that section or any other law, to publish
a general notice of proposed rulemaking, the agency shall prepare a
final regulatory flexibility analysis (FRFA). The following constitutes
the FRFA prepared for these final 2023 and 2024 harvest specifications.
Section 604 of the RFA describes the required contents of a FRFA:
(1) a statement of the need for, and objectives of, the rule; (2) a
statement of the significant issues raised by the public comments in
response to the initial regulatory flexibility analysis (IRFA), a
statement of the assessment of the agency of such issues, and a
statement of any changes made in the proposed rule as a result of such
comments; (3) the response of the agency to any comments filed by the
Chief Counsel for Advocacy of the Small Business Administration in
response to the proposed rule, and a detailed statement of any change
made to the proposed rule in the final rule as a result of the
comments; (4) a description of and an estimate of the number of small
entities to which the rule will apply or an explanation of why no such
estimate is available; (5) a description of the projected reporting,
recordkeeping, and other compliance requirements of the rule, including
an estimate of the classes of small entities which will be subject to
the requirement and the type of professional skills necessary for
preparation of the report or record; and (6) a description of the steps
the agency has taken to minimize the significant economic impact on
small entities consistent with the stated objectives of applicable
statutes, including a statement of the factual, policy, and legal
reasons for selecting the alternative adopted in the final rule and why
each one of the other significant alternatives to the rule considered
by the agency that affect the impact on small entities was rejected.
A description of this action, its purpose, and its legal basis are
contained at the beginning of the preamble to this final rule and are
not repeated here.
NMFS published the proposed rule on December 2, 2022 (87 FR 74102).
NMFS prepared an IRFA to accompany the proposed action, and included
the IRFA in the proposed rule. The comment period closed on January 3,
2023. No comments were received on the IRFA or on the economic impacts
of the rule more generally. The Chief Counsel for Advocacy of the Small
Business Administration did not file any comments on the proposed rule.
The entities directly regulated by this action are: (1) entities
operating vessels with groundfish Federal fishing permits (FFPs)
catching FMP groundfish in Federal waters; (2) all entities operating
vessels, regardless of whether they hold groundfish FFPs, catching FMP
groundfish in the State-waters parallel fisheries; and (3) all entities
operating vessels fishing for halibut inside 3 miles (5.6 km) of the
shore (whether or not they have FFPs).
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
engaged in commercial fishing (NAICS code 11411) is classified as a
small business if it is independently owned and operated, is not
dominant in its field of operation (including its affiliates), and has
combined annual gross receipts not in excess of $11 million for all its
affiliated operations worldwide.
Using the most recent data available (2021), the estimated number
of directly regulated small entities includes approximately 671
individual catcher vessel and CP entities with gross revenues meeting
the small entity criteria. This includes an estimated 668 small CV
entities and 3 small CP entities in the GOA groundfish sector. The
determination of entity size is based on vessel revenues and affiliated
group revenues. This determination also includes an assessment of
fisheries cooperative affiliations, although actual vessel ownership
affiliations have not been completely established. However, the
estimate of these 671 CVs and CPs may be an overstatement of the number
of small entities because of the complexity of analyzing the linkages
and affiliations across these vessels, particularly since many of them
conduct operations in Federal and State fisheries. The CVs 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
$390,000, $720,000, and $1.96 million, respectively. Average gross
revenues for CP entities are confidential.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
This action implements the final 2023 and 2024 harvest
specifications, apportionments, and halibut PSC limits for the
groundfish fishery of the GOA. 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 final
harvest specifications is governed by the Council's harvest strategy
for the catch of groundfish in the GOA. The harvest strategy was
selected previously 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 this preferred
alternative harvest strategy, TACs are set within the range of ABCs
recommended by the SSC; the sum of the TACs must achieve the OY
specified in the FMP; and while the specific TAC numbers that the
harvest strategy produces may vary from year to year, the methodology
used for the preferred harvest strategy remains constant. This final
action implements the preferred alternative harvest strategy previously
chosen by the Council to set TACs that fall within the range of ABCs
recommended through the Council harvest specifications process and as
recommended by the Council. This is the method for determining TACs
that has been used in the past.
The final 2023 and 2024 TACs associated with preferred harvest
strategy are those recommended by the Council in December 2022. OFLs
and ABCs for the species were based on recommendations prepared by the
Council's Plan Team, and reviewed by the Council's SSC. 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 GOA consistent with Sec. 679.20(a)(1)(i)(B).
The final 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 final 2023 and 2024
TACs are based on the best available biological and socioeconomic
information. The final 2023 and 2024 OFLs, ABCs, and TACs are
consistent with the biological
[[Page 13263]]
condition of groundfish stocks as described in the 2022 SAFE report,
which is the most recent, completed SAFE report. Accounting for the
most recent biological information to set the final OFLs, ABCs, and
TACs is consistent with the objectives for this action, as well as
National Standard 2 of the Magnuson-Stevens Act (16 U.S.C. 1851(a)(2))
that actions shall be based on the best scientific information
available.
Under this action, the final ABCs reflect harvest amounts that are
less than the specified overfishing levels. The final TACs are within
the range of final ABCs recommended by the SSC and do not exceed the
biological limits recommended by the SSC (the ABCs and overfishing
levels). For most species and species groups in the GOA, the Council
recommended, and NMFS sets, final TACs equal to final ABCs, which is
intended to maximize harvest opportunities in the GOA, unless other
conservation or management reasons support setting TAC amounts less
than the ABCs.
For the following species and species groups, the Council
recommended, and NMFS sets, TACs that are less than the ABCs: for
pollock for the combined Western and Central GOA and West Yakutat
District area; Pacific cod; shallow-water flatfish in the Western GOA;
arrowtooth flounder in the Western GOA and the SEO District; flathead
sole in the Western GOA, Atka mackerel; and ``other rockfish'' in the
SEO District. These specific reductions were reviewed and recommended
by the Council's AP, and the Council in turn adopted the AP's
recommendations for the final 2023 and 2024 TACs.
Increasing TACs for some species may not result in increased
harvest opportunities for those species. This is due to a variety of
reasons. There may be a lack of commercial or market interest in some
species. Additionally, there are fixed, and therefore constraining, PSC
limits associated with the harvest of the GOA groundfish species that
can lead to an underharvest of flatfish TACs. For this reason, the
shallow-water flatfish, arrowtooth flounder, and flathead sole TACs are
set to allow for increased harvest opportunities for these target
species while conserving the halibut PSC limit for use in other
fisheries. Similarly, the SEO District arrowtooth flounder TAC is set
lower than ABC to conserve halibut PSC limit for use in other fisheries
or because there is limited commercial interest in this fishery. The
Atka mackerel TAC is set to accommodate incidental catch amounts in
other fisheries. The ``other rockfish'' TAC in the SEO District is set
to reduce the amount of discards of the species in that complex.
Finally, the TACs for two species (pollock and Pacific cod) cannot be
set equal to ABC, as the TAC must be reduced to account for the State's
GHLs in these fisheries. The W/C/WYK Regulatory Area pollock TAC and
the GOA Pacific cod TACs are therefore set to account for the State's
GHLs for the State waters pollock and Pacific cod fisheries so that the
ABCs are not exceeded.
Based upon the best available scientific data, and in consideration
of the Council's objectives of this action, there are no significant
alternatives to the final 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 final rule on small
entities. This action is economically beneficial to entities operating
in the GOA, including small entities. The action specifies TACs for
commercially valuable species in the GOA and allows for the continued
prosecution of the fishery, thereby creating the opportunity for
fishery revenue. After public process, during which the Council
solicited input from stakeholders, the Council concluded that these
final harvest specifications would best accomplish the stated
objectives articulated in the preamble for this final rule and in
applicable statutes and would minimize to the extent practicable
adverse economic impacts on the universe of directly regulated small
entities.
Adverse impacts on marine mammals, or endangered or threatened
species, resulting from fishing activities conducted under this rule
are discussed in the Final EIS and its accompanying annual SIRs (see
ADDRESSES).
Pursuant to 5 U.S.C. 553(d)(3), the Assistant Administrator for
Fisheries, NOAA, finds good cause to waive the 30-day delay in the date
of effectiveness for this rule because delaying this rule is contrary
to the public interest. The Plan Team review of the 2022 SAFE report
occurred in November 2022, and, based on the 2022 SAFE report, the
Council considered and recommended the final harvest specifications in
December 2022. Accordingly, NMFS's review of the final 2023 and 2024
harvest specifications could not begin until after the December 2022
Council meeting, and after the public had time to comment on the
proposed action.
For all fisheries not currently closed because the TACs established
under the final 2022 and 2023 harvest specifications (87 FR 11599,
March 2, 2022) have not yet been reached, it is possible that they
would be closed prior to the expiration of a 30-day delayed
effectiveness period, because those fisheries have nearly reached those
previously set TACs. Some affected fisheries therefore could close
soon, as they are already close to reaching their TACs, and such
closures would cause unnecessary economic harm to the fisheries in the
cases where this final rule increases some of the groundfish TACs. If
implemented immediately, this final rule would allow these fisheries to
continue fishing, because some of the new TACs implemented by this rule
are higher than the TACs under which they are currently fishing.
In addition, immediate effectiveness of this action is required to
provide consistent management and conservation of fishery resources
based on the best available scientific information. This is
particularly pertinent for those species that have lower 2023 ABCs and
TACs than those established in the 2022 and 2023 harvest specifications
(87 FR 11599, March 2, 2022), including target species such as Pacific
cod. If implemented immediately, this rule would ensure that NMFS can
properly manage those fisheries for which this rule sets lower 2023
ABCs and TACs, which are based on the most recent biological
information on the condition of stocks. The changes between the
proposed 2023 ABCs and TACs are discussed earlier in the Changes from
the Proposed 2023 and 2024 Harvest Specifications in the GOA section of
this rule.
Certain fisheries, such as those for pollock, are intensive, fast-
paced fisheries. Other fisheries, such as those for sablefish,
flatfish, rockfish, Atka mackerel, skates, sharks, and octopuses, are
critical either as directed fisheries or as incidental catch in other
fisheries. Thus, for those species that have higher 2023 TACs than
under the final 2022 and 2023 harvest specifications (87 FR 11599,
March 2, 2022) than the TACs established by this final rule, there is
some risk of exceeding these TAC limits. U.S. fishing vessels have
demonstrated the capacity to catch the TAC allocations in many of these
fisheries. If the date of effectiveness of this rule were to be delayed
30 days and a TAC was reached during those 30 days, NMFS would be
required to close directed fishing or prohibit retention for the
applicable species. Such closures and unnecessary discards would cause
confusion to the industry and potential economic harm to fishermen,
undermining the intent of this rule. Waiving the 30-day delay in the
date of effectiveness allows NMFS to prevent
[[Page 13264]]
this potential economic harm that could occur, should the previously
set 2023 TACs (as set under the 2022 and 2023 harvest specifications)
be reached during such a delay. In addition, determining which
fisheries may close in advance is nearly impossible because these
fisheries are affected by several factors, including fishing effort,
weather, movement of fishery stocks and market price, which cannot be
predicted. Furthermore, the closure of one fishery has a cascading
effect on other fisheries; the closure would free up fishing vessels,
allowing them to move from closed fisheries to open fisheries, thereby
increasing the fishing capacity in those open fisheries, and
potentially causing them to close sooner.
In fisheries subject to declining sideboard limits, a failure to
implement the updated sideboard limits before the initial season's end
could deny the intended economic protection to the non-sideboarded
sectors. Conversely, in fisheries with increasing sideboard limits,
economic benefit could be denied to the sideboard-limited sectors.
If the final harvest specifications are not effective by March 10,
2023, which is the start of the 2023 Pacific halibut season as
specified by the IPHC, the fixed gear sablefish fishery will not begin
concurrently with the Pacific halibut IFQ season. This would result in
confusion for the industry and economic harm from unnecessary discard
of sablefish that are caught along with Pacific halibut, as both fixed
gear sablefish and Pacific halibut are managed under the same IFQ
program. Immediate effectiveness of these final 2023 and 2024 harvest
specifications will allow the sablefish IFQ fishery to begin
concurrently with the Pacific halibut IFQ season.
Finally, immediate effectiveness also provides the fishing industry
the earliest possible opportunity to plan and conduct its fishing
operations with respect to new information about TACs. Therefore, in
accordance with 5 U.S.C. 553(d)(3), NMFS finds good cause to waive the
30-day delay in the date of effectiveness for this rule.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The tables contained in t
[…truncated; see source link]This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.