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Rule2023-04877

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

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Published

March 10, 2023

Effective

March 10, 2023

Issuing agencies

Commerce DepartmentNational Oceanic and Atmospheric Administration

Abstract

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those previously set in the final 2022 and 2023 harvest specifications, and the 2024 harvest specifications will be superseded in early 2024 when the final 2024 and 2025 harvest specifications are published.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

Full Text

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<title>Federal Register, Volume 88 Issue 47 (Friday, March 10, 2023)</title>
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[Federal Register Volume 88, Number 47 (Friday, March 10, 2023)]
[Rules and Regulations]
[Pages 14926-14956]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04877]

[[Page 14926]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 230306-0065; RTID 0648-XC365]

Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands; 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 prohibited species catch allowances for the
groundfish fishery of the Bering Sea and Aleutian Islands management
area (BSAI). This action is necessary to establish harvest limits for
groundfish during the remainder of the 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 Bering Sea and Aleutian Islands
Management Area (FMP). The 2023 harvest specifications supersede those
previously set in the final 2022 and 2023 harvest specifications, and
the 2024 harvest specifications will be superseded in early 2024 when
the final 2024 and 2025 harvest specifications are published. The
intended effect of this action is to conserve and manage the groundfish
resources in the Bering Sea and Aleutian Islands Management Area (BSAI)
in accordance with the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act; MSA).

DATES: Harvest specifications and closures are effective from 1200
hours, Alaska local time (A.l.t.), March 10, 2023, through 2400 hours,
A.l.t., December 31, 2024.

ADDRESSES: Electronic copies of the Alaska Groundfish Harvest
Specifications Final Environmental Impact Statement (EIS), Record of
Decision (ROD), and the annual Supplementary Information Reports (SIRs)
to the Final EIS prepared for this action are available from <a href="https://www.fisheries.noaa.gov/region/alaska">https://www.fisheries.noaa.gov/region/alaska</a>. The 2022 Stock Assessment and
Fishery Evaluation (SAFE) report for the groundfish resources of the
BSAI, dated November 2022, as well as the SAFE reports for previous
years, are available from the North Pacific Fishery Management Council
(Council) at 1007 West Third Ave., Suite 400, Anchorage, AK 99501,
phone 907-271-2809, or from the Council's website at <a href="https://www.npfmc.org/">https://www.npfmc.org/</a>.

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

SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR part 679
implement the FMP and govern the groundfish fisheries in the BSAI. The
Council prepared the FMP, and NMFS approved it, under the Magnuson-
Stevens Act. General regulations governing U.S. fisheries also appear
at 50 CFR part 600.
The FMP and its implementing regulations require NMFS, after
consultation with the Council, to specify annually the total allowable
catch (TAC) for each target species category. The sum of all TACs for
all groundfish species in the BSAI must be within the optimum yield
(OY) range of 1.4 million to 2.0 million metric tons (mt) (see Sec.
679.20(a)(1)(i)(A) and 679.20(a)(2)). This final rule specifies the sum
of the TAC at 2.0 million mt for 2023 and 2.0 million mt for 2024. NMFS
also must specify apportionments of TAC; prohibited species catch (PSC)
allowances and prohibited species quota (PSQ) reserves established by
Sec. 679.21; seasonal allowances of pollock, Pacific cod, and Atka
mackerel TAC; American Fisheries Act allocations; Amendment 80
allocations; Community Development Quota (CDQ) reserve amounts
established by Sec. 679.20(b)(1)(ii); acceptable biological catch
(ABC) surpluses and reserves for CDQ groups and any Amendment 80
cooperatives for flathead sole, rock sole, and yellowfin sole; and
halibut discard mortality rates (DMRs). The final harvest
specifications set forth in Tables 1 through 22 of this action satisfy
these requirements.
Section 679.20(c)(3)(i) further requires that NMFS consider public
comment on the proposed harvest specifications and, after consultation
with the Council, publish final harvest specifications in the Federal
Register. The proposed 2023 and 2024 harvest specifications for the
groundfish fishery of the BSAI were published in the Federal Register
on December 14, 2022 (87 FR 76435). Comments were invited and accepted
through January 13, 2023. As discussed in the Response to Comments
section below, NMFS received six letters raising seventeen distinct
comments during the public comment period for the proposed BSAI
groundfish harvest specifications. NMFS's responses are addressed in
the Response to Comments section below.
NMFS consulted with the Council on the final 2023 and 2024 harvest
specifications during the December 2022 Council meeting. After
considering public comments during public meetings and public comments
submitted for the proposed rule (87 FR 76435), as well as biological
and socioeconomic data that were available at the Council's December
2022 meeting, NMFS implements in this final rule the final 2023 and
2024 harvest specifications as recommended by the Council.

ABC and TAC Harvest Specifications

The final ABC amounts for Alaska groundfish are based on the best
available biological information, including projected biomass trends,
information on assumed distribution of stock biomass, and revised
technical methods used to calculate stock biomass. In general, the
development of ABCs and overfishing levels (OFLs) involves
sophisticated statistical analyses of fish populations. The FMP
specifies a series of six tiers to define OFL and ABC amounts based on
the level of reliable information available to fishery scientists. Tier
1 represents the highest level of information quality available, while
Tier 6 represents the lowest.
In December 2022, the Council, its Scientific and Statistical
Committee (SSC), and its Advisory Panel (AP) reviewed current
biological and harvest information about the condition of the BSAI
groundfish stocks. The Council's BSAI Groundfish Plan Team (Plan Team)
compiled and presented this information in the 2022 SAFE report for the
BSAI 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 BSAI ecosystem
and the economic condition of groundfish fisheries off Alaska. NMFS
notified the public of the comment period for these harvest
specifications--and of the publication of the 2022 SAFE report--in the
proposed harvest specifications (87 FR 76435, December 14, 2022). From
the data and analyses in the SAFE report, the Plan Team recommended an
OFL and ABC for each species and species group at the November 2022
Plan Team meeting.
In December 2022, the SSC, AP, and Council reviewed the Plan Team's
recommendations. The final TAC recommendations were based on the ABCs,
and were adjusted for other biological and socioeconomic

[[Page 14927]]

considerations, including maintaining the sum of all the TACs within
the required OY range of 1.4 million to 2.0 million mt. As required by
annual catch limit rules for all fisheries (74 FR 3178, January 16,
2009), none of the Council's recommended 2023 or 2024 TACs exceed the
final 2023 or 2024 ABCs for any species or species group. NMFS finds
that the Council's recommended OFLs, ABCs, and TACs are consistent with
the preferred harvest strategy outlined in the FMP and the biological
condition of groundfish stocks as described in the 2022 SAFE report
that was approved by the Council. Therefore, this final rule provides
notification that the Secretary of Commerce approves the final 2023 and
2024 harvest specifications as recommended by the Council.
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 11626, March 2, 2022). The 2024
harvest specifications herein 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 publication of the final 2024
and 2025 harvest specifications, it is projected that this final action
will implement the harvest specifications for the BSAI for
approximately 1 year.

Other Actions Affecting the 2023 and 2024 Harvest Specifications

State of Alaska Guideline Harvest Levels

For 2023 and 2024, the Board of Fisheries (BOF) for the State of
Alaska (State) established the guideline harvest level (GHL) for
vessels using pot, longline, jig, and hand troll gear in State waters
in the State's Aleutian Islands (AI) State waters sablefish
registration area that includes all State waters west of Scotch Cap
Light (164[deg]44.72' W longitude) and south of Cape Sarichef
(54[deg]36' N latitude). The 2023 AI GHL is set at 5 percent (865 mt)
of the combined 2023 Bering Sea subarea (BS) and AI subarea ABC (mt).
The 2024 AI GHL is set at 5 percent (1,025 mt) of the combined 2024 BS
subarea and AI subarea ABC (mt). The State's AI sablefish registration
area includes areas adjacent to parts of the Federal BS. The Council
and its BSAI Groundfish Plan Team (Plan Team), SSC, and AP recommended
that the sum of all State and Federal waters sablefish removals from
the BS and AI not exceed the ABC recommendations for sablefish in the
BS and AI. Accordingly, the Council recommended, and NMFS approves,
that the 2023 and 2024 sablefish TACs in the BS and AI account for the
State's GHLs for sablefish caught in State waters.
For 2023 and 2024, the BOF for the State established the GHL for
vessels using pot gear in State waters in the BS equal to 12 percent of
the Pacific cod ABC in the BS when the ABC is between 125,000 mt and
150,000 mt. For 2023, the BS Pacific cod ABC is 144,834 mt, and for
2024, it is 140,159 mt. Therefore, the GHL in the BS for pot gear will
be 12 percent for 2023 (17,380 mt) and 2024 (16,819 mt). Also, for 2023
and 2024, the BOF established an additional GHL for vessels using jig
gear in State waters in the BS equal to 45 mt of Pacific cod in the BS.
The Council and its Plan Team, SSC, and AP recommended that the sum of
all State and Federal waters Pacific cod removals from the BS not
exceed the ABC recommendations for Pacific cod in the BS. Accordingly,
the Council recommended, and NMFS approves, that the 2023 and 2024
Pacific cod TACs in the BS account for the State's GHLs for Pacific cod
caught in State waters in the BS.
For 2023 and 2024, the BOF for the State established the GHL in
State waters in the Aleutian Islands subarea (AI) equal to 39 percent
of the AI ABC. The AI GHL will increase annually by 4 percent of the AI
ABC, if 90 percent of the GHL is harvested by November 15 of the
preceding year, but may not exceed 39 percent of the AI ABC or 15
million pounds (6,804 mt). For 2023 and for 2024, 39 percent of the AI
ABC is 5,387 mt. The Council and its Plan Team, SSC, and AP recommended
that the sum of all State and Federal waters Pacific cod removals from
the AI not exceed the ABC recommendations for Pacific cod in the AI.
Accordingly, the Council recommended, and NMFS approves, that the 2023
and 2024 Pacific cod TACs in the AI account for the State's GHL of
5,387 mt for Pacific cod caught in State waters in the AI.

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

On December 9, 2022, NMFS published a proposed rule (87 FR 75570),
and an extension of public comment (87 FR 75569), to implement
Amendment 123 to the FMP, which if approved would establish abundance-
based management of Amendment 80 Program PSC for Pacific halibut. The
proposed action would replace the current Amendment 80 sector static
halibut PSC limit (1,745 mt) with a process for annually setting the
Amendment 80 sector halibut PSC limit based on the most recent halibut
abundance estimates from the International Pacific Halibut Commission
setline survey and the NMFS Alaska Fisheries Science Center Eastern
Bering Sea shelf trawl survey. The annual process would use a table
with pre-established halibut abundance ranges based on those surveys.
The annual Amendment 80 sector halibut PSC limit would be set at the
value found at the intercept of the results from the most recent
surveys. Further details are available in the proposed rule to
implement Amendment 123. If the FMP amendment and its implementing
regulations are approved by the Secretary of Commerce, the action is
anticipated to be effective in 2024. Until effective, NMFS will
continue to use the current Amendment 80 halibut PSC limit listed at
Sec. 679.21(b)(1) and published in the harvest specifications.

Pacific Cod Trawl Cooperative Limited Access Privilege Program

On February 9, 2023, NMFS published a proposed rule to implement
Amendment 122 to the FMP, which if approved would implement a limited
access privilege program called the Pacific cod Trawl Cooperative
(PCTC) Program (88 FR 8592, February 9, 2023). The PCTC Program would
allocate quota share (QS) to groundfish License Limitation Program
license holders and to processors based on history during the
qualifying years. Under this program, QS holders would be required to
join cooperatives annually. Cooperatives would be allocated the BSAI
trawl catcher vessel (CV) sector's A and B season Pacific cod
allocations as an exclusive harvest privilege in the form of
cooperative quota, equivalent to the aggregate QS of all cooperative
members. NMFS anticipates that the regulations at Sec.
679.20(a)(7)(viii) will be removed through implementation of the PCTC
Program, if approved. Further details are available in the proposed
rule to implement Amendment 122. If the FMP amendment and its
implementing regulations are approved by the Secretary of Commerce, the
action is anticipated to be effective in 2024. Until effective, NMFS
will continue the current management of the BSAI trawl CV Pacific cod
allocation.

[[Page 14928]]

Amendment 124 to the BSAI FMP for Groundfish To Revise Individual
Fishing Quota (IFQ) Program Regulations

On November 23, 2022, NMFS published a proposed rule (87 FR 71559)
to implement Amendment 124 to the FMP, which if approved would allow
jig gear as an authorized fishing gear type in the BSAI sablefish IFQ
and CDQ fisheries. The Council's intent in recommending Amendment 124
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 CDQ and this action would
further align the authorized gear types in the halibut and sablefish
IFQ and CDQ fisheries. Further details are available in the proposed
rule to implement Amendment 124. 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 and CDQ season.

Changes From the Proposed 2023 and 2024 Harvest Specifications for the
BSAI

The Council's recommendations for the proposed 2023 and 2024
harvest specifications (87 FR 76435, December 14, 2022) were based
largely on information contained in the 2021 SAFE report for the BSAI
groundfish fisheries. Through the proposed harvest specifications, NMFS
notified the public that these harvest specifications could change, as
the Council would consider information contained in the 2022 SAFE
report; recommendations from the Plan Team, SSC, and AP; and public
comments when making its recommendations for final harvest
specifications at the December 2022 Council meeting. NMFS further
notified the public that, as required by the FMP and its implementing
regulations, the sum of the TACs must be within the OY range of 1.4
million and 2.0 million mt.
Information contained in the 2022 SAFE report indicates biomass
changes from the 2021 SAFE report for several groundfish species. The
2022 SAFE report was made available for public review during the public
comment period for the proposed harvest specifications. At the December
2022 Council meeting, the SSC recommended the 2023 and 2024 OFLs and
ABCs based on the best and most recent information contained in the
2022 SAFE report. The SSC's recommendation resulted in an ABC sum total
for all BSAI groundfish species in excess of 2.0 million mt for both
2023 and 2024.
Based on larger spawning biomass estimates, the Council recommends
final BS pollock TACs increase by 11,000 mt in 2023 and 13,000 mt in
2024 compared to the proposed 2023 and 2024 BS pollock TACs. The
Council also recommends increasing the BSAI rock sole TAC by 11,000 mt
in 2023 and 11,000 mt in 2024, and increasing the flathead sole TAC by
10,000 mt in 2023 and 10,000 mt in 2024, compared to the proposed 2023
and 2024 TACs. In terms of tonnage, the Council recommends reducing the
TACs from the proposed TACs of several species of lower economic value
to maintain an overall total TAC within the required OY range of 1.4 to
2.0 million mt with Alaska plaice, arrowtooth flounder, northern
rockfish, and ``other flatfish'' having the largest TAC decreases. In
terms of percentage, the largest TAC decreases from the proposed TACs
of lower economically valued species were for Alaska plaice, arrowtooth
flounder, Greenland turbot, Kamchatka flounder, octopuses, ``other
flatfish,'' northern rockfish, and sharks. The Council recommends
lowering the TACs of both BS and AI Pacific cod in 2023 and 2024 due to
lower spawning biomasses.
The changes to TACs between the proposed and final harvest
specifications are based on the most recent scientific and
socioeconomic information and are consistent with the FMP, regulatory
obligations, and harvest strategy as described in the proposed and
final harvest specifications, including the required OY range of 1.4
million to 2.0 million mt. These changes are compared in Table 1A.
Table 1 lists the Council's recommended final 2023 OFL, ABC, TAC,
initial TAC (ITAC), CDQ reserve allocations, and non-specified reserves
of the BSAI groundfish species and species groups; and Table 2 lists
the Council's recommended final 2024 OFL, ABC, TAC, ITAC, CDQ reserve
allocations, and non-specified reserves of the BSAI groundfish species
and species groups. NMFS concurs in these recommendations. These final
2023 and 2024 TAC amounts for the BSAI are within the OY range
established for the BSAI and do not exceed the ABC for any species or
species group. The apportionment of TAC amounts among fisheries and
seasons is discussed below.

Table 1--Final 2023 Overfishing Level (OFL), Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), CDQ Reserve Allocation,
and Non-Specified Reserves of Groundfish in the BSAI \1\
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023
-----------------------------------------------------------------------------------------------
Species Area Nonspecified
OFL ABC TAC ITAC \2\ CDQ \3\ reserves
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock \4\....................... BS.................. 3,381,000 1,910,000 1,300,000 1,170,000 130,000 ..............
AI.................. 52,383 43,413 19,000 17,100 1,900 ..............
Bogoslof............ 115,146 86,360 300 300 .............. ..............
Pacific cod \5\................... BS.................. 172,495 144,834 127,409 113,776 13,633 ..............
AI.................. 18,416 13,812 8,425 7,524 901 ..............
Sablefish \6\..................... Alaska-wide......... 47,390 40,502 n/a n/a n/a ..............
BS.................. n/a 8,417 7,996 6,597 1,099 300
AI.................. n/a 8,884 8,440 6,858 1,424 158
Yellowfin sole.................... BSAI................ 404,882 378,499 230,000 205,390 24,610 ..............
Greenland turbot.................. BSAI................ 4,645 3,960 3,960 3,366 n/a ..............
BS.................. n/a 3,338 3,338 2,837 357 144
AI.................. n/a 622 622 529 .............. 93
Arrowtooth flounder............... BSAI................ 98,787 83,852 15,000 12,750 1,605 645
Kamchatka flounder................ BSAI................ 8,946 7,579 7,579 6,442 .............. 1,137
Rock sole \7\..................... BSAI................ 166,034 121,719 66,000 58,938 7,062 ..............
Flathead sole \8\................. BSAI................ 79,256 65,344 35,500 31,702 3,799 ..............
Alaska plaice..................... BSAI................ 40,823 33,946 17,500 14,875 .............. 2,625
Other flatfish \9\................ BSAI................ 22,919 17,189 4,500 3,825 .............. 675
Pacific ocean perch............... BSAI................ 50,133 42,038 37,703 33,157 n/a ..............
BS.................. n/a 11,903 11,903 10,118 .............. 1,785

[[Page 14929]]

EAI................. n/a 8,152 8,152 7,280 872 ..............
CAI................. n/a 5,648 5,648 5,044 604 ..............
WAI................. n/a 16,335 12,000 10,716 1,284 ..............
Northern rockfish................. BSAI................ 22,776 18,687 11,000 9,350 .............. 1,650
Blackspotted/Rougheye rockfish BSAI................ 703 525 525 446 .............. 79
\10\.
BS/EAI............................ n/a................. 359 359 305 .............. .............. 54
CAI/WAI............. n/a 166 166 141 .............. 25
Shortraker rockfish............... BSAI................ 706 530 530 451 .............. 80
Other rockfish \11\............... BSAI................ 1,680 1,260 1,260 1,071 .............. 189
BS.................. n/a 880 880 748 .............. 132
AI.................. n/a 380 380 323 .............. 57
Atka mackerel..................... BSAI................ 118,787 98,588 69,282 61,869 7,413 ..............
BS/EAI.............. n/a 43,281 27,260 24,343 2,917 ..............
CAI................. n/a 17,351 17,351 15,494 1,857 ..............
WAI................. n/a 37,956 24,671 22,031 2,640 ..............
Skates............................ BSAI................ 46,220 38,605 27,441 23,325 .............. 4,116
Sharks............................ BSAI................ 689 450 250 213 .............. 38
Octopuses......................... BSAI................ 4,769 3,576 400 340 .............. 60
-----------------------------------------------------------------------------------------------
Total......................... .................... 4,859,585 3,155,268 2,000,000 1,789,662 196,564 13,773
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Regulatory areas and districts are defined at Sec. 679.2 (BSAI=Bering Sea and Aleutian Islands management area, BS=Bering Sea subarea,
AI=Aleutian Islands subarea, EAI=Eastern Aleutian district, CAI=Central Aleutian district, WAI=Western Aleutian district).
\1\ These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these
harvest specifications, the Bering Sea subarea (BS) includes the Bogoslof District.
\2\ Except for pollock, the portion of the sablefish TAC allocated to fixed gear, and Amendment 80 species (Atka mackerel, yellowfin sole, rock sole,
flathead sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 15 percent of each TAC is placed into a non-specified reserve (Sec.
679.20(b)(1)(i)). The ITAC for these species is the remainder of the TAC after the subtraction of these reserves. For pollock and Amendment 80
species, ITAC is the non-CDQ allocation of TAC (see footnotes 3 and 4).
\3\ For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 10.7
percent of the TAC is reserved for use by CDQ participants (see Sec. Sec. 679.20(b)(1)(ii)(C)). 20 percent of the sablefish TAC allocated to fixed
gear, 7.5 percent of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for Bering Sea Greenland turbot and arrowtooth flounder
are reserved for use by CDQ participants (see Sec. 679.20(b)(1)(ii)(B) and (D)). Aleutian Islands Greenland turbot, ``other flatfish,'' Alaska
plaice, Bering Sea Pacific ocean perch, Kamchatka flounder, northern rockfish, shortraker rockfish, blackspotted/rougheye rockfish, ``other
rockfish,'' skates, sharks, and octopuses are not allocated to the CDQ program.
\4\ Under Sec. 679.20(a)(5)(i)(A), the annual BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second
for the incidental catch allowance (50,000 mt), is further allocated by sector for a pollock directed fishery as follows: inshore--50 percent; catcher/
processor--40 percent; and motherships--10 percent. Under Sec. 679.20(a)(5)(iii)(B)(2), the annual AI pollock TAC, after subtracting first for the
CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (2,500 mt), is allocated to the Aleut Corporation for a
pollock directed fishery.
\5\ The BS Pacific cod TAC is set to account for the 12 percent, plus 45 mt, of the BS ABC for the State of Alaska's (State) guideline harvest level in
State waters of the BS. The AI Pacific cod TAC is set to account for 39 percent of the AI ABC for the State guideline harvest level in State waters of
the AI.
\6\ The sablefish OFL and ABC are Alaska-wide and include the Gulf of Alaska. The Alaska-wide sablefish OFL and ABC are included in the total OFL and
ABC. The BS and AI sablefish TACs are set to account for the 5 percent of the BS and AI ABC for the State of Alaska's (State) guideline harvest level
in State waters of the BS and AI.
\7\ ``Rock sole'' includes Lepidopsetta polyxystra (Northern rock sole) and Lepidopsetta bilineata (Southern rock sole).
\8\ ``Flathead sole'' includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
\9\ ``Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole,
Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
\10\ ``Blackspotted/Rougheye rockfish'' includes Sebastes melanostictus (blackspotted) and Sebastes aleutianus (rougheye).
\11\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean perch, northern rockfish, blackspotted/
rougheye rockfish, and shortraker rockfish.

Table 1a--Comparison of Final 2023 and 2024 With Proposed 2023 and 2024 Total Allowable Catch in the BSAI
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023 2024
2023 and 2023 percentage 2024 percentage
Species Area \1\ 2023 final 2024 difference difference 2024 final difference difference
TAC proposed from from TAC from from
TAC proposed proposed proposed proposed
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock............................. BS..................... 1,300,000 1,289,000 11,000 0.9 1,302,000 13,000 1.0
AI..................... 19,000 19,000 ........... ........... 19,000 ........... ...........
Bogoslof............... 300 250 50 20.0 300 50 20.0
Pacific cod......................... BS..................... 127,409 133,459 (6,050) (4.5) 123,295 (10,164) (7.6)
AI..................... 8,425 13,796 (5,371) (38.9) 8,425 (5,371) (38.9)
Sablefish........................... BS..................... 7,996 6,529 1,467 22.5 9,676 3,147 48.2
AI..................... 8,440 7,786 654 8.4 9,793 2,007 25.8
Yellowfin sole...................... BSAI................... 230,000 230,000 ........... ........... 230,656 656 0.3
Greenland turbot.................... BS..................... 3,338 4,825 (1,487) (30.8) 2,836 (1,989) (41.2)
AI..................... 622 899 (277) (30.8) 528 (371) (41.3)
Arrowtooth flounder................. BSAI................... 15,000 20,000 (5,000) (25.0) 15,000 (5,000) (25.0)
Kamchatka flounder.................. BSAI................... 7,579 9,393 (1,814) (19.3) 7,435 (1,958) (20.8)
Rock sole........................... BSAI................... 66,000 55,000 11,000 20.0 66,000 11,000 20.0
Flathead sole....................... BSAI................... 35,500 25,500 10,000 39.2 35,500 10,000 39.2
Alaska plaice....................... BSAI................... 17,500 29,082 (11,582) (39.8) 18,000 (11,082) (38.1)
Other flatfish...................... BSAI................... 4,500 10,000 (5,500) (55.0) 4,500 (5,500) (55.0)
Pacific ocean perch................. BS..................... 11,903 9,956 1,947 19.6 11,700 1,744 17.5

[[Page 14930]]

EAI.................... 8,152 7,774 378 4.9 8,013 239 3.1
CAI.................... 5,648 5,722 (74) (1.3) 5,551 (171) (3.0)
WAI.................... 12,000 10,500 1,500 14.3 13,000 2,500 23.8
Northern rockfish................... BSAI................... 11,000 17,000 (6,000) (35.3) 11,000 (6,000) (35.3)
Blackspotted and Rougheye rockfish.. BS/EAI................. 359 334 25 7.5 388 54 16.2
CAI/WAI................ 166 183 (17) (9.3) 182 (1) (0.5)
Shortraker rockfish................. BSAI................... 530 541 (11) (2.0) 530 (11) (2.0)
Other rockfish...................... BS..................... 880 919 (39) (4.2) 880 (39) (4.2)
AI..................... 380 394 (14) (3.6) 380 (14) (3.6)
Atka mackerel....................... EAI/BS................. 27,260 25,000 2,260 9.0 30,000 5,000 20.0
CAI.................... 17,351 15,470 1,881 12.2 15,218 (252) (1.6)
WAI.................... 24,671 20,488 4,183 20.4 21,637 1,149 5.6
Skates.............................. BSAI................... 27,441 30,000 (2,559) (8.5) 27,927 (2,073) (6.9)
Sharks.............................. BSAI................... 250 500 (250) (50.0) 250 (250) (50.0)
Octopuses........................... BSAI................... 400 700 (300) (42.9) 400 (300) (42.9)
------------------------------------------------------------------------------------------
Total........................... BSAI................... 2,000,000 2,000,000 ........... ........... 2,000,000 ........... ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Bering Sea subarea (BS), Aleutian Islands subarea (AI), Bering Sea and Aleutian Islands management area (BSAI), Eastern Aleutian District (EAI),
Central Aleutian District (CAI), and Western Aleutian District (WAI).

Table 2--Final 2024 Overfishing Level (OFL), Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), CDQ Reserve Allocation,
and Non-Specified Reserves of Groundfish in the BSAI \1\
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2024
-----------------------------------------------------------------------------------------------
Species Area Nonspecified
OFL ABC TAC ITAC \2\ CDQ \3\ reserves
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock \4\....................... BS.................. 4,639,000 2,275,000 1,302,000 1,171,800 130,200 ..............
AI.................. 52,043 43,092 19,000 17,100 1,900 ..............
Bogoslof............ 115,146 86,360 300 300 .............. ..............
Pacific cod \5\................... BS.................. 166,814 140,159 123,295 110,102 13,193 ..............
AI.................. 18,416 13,812 8,425 7,524 901 ..............
Sablefish \6\..................... Alaska-wide......... 48,561 41,539 n/a n/a n/a ..............
BS.................. n/a 10,185 9,676 4,112 363 363
AI.................. n/a 10,308 9,793 2,081 184 184
Yellowfin sole.................... BSAI................ 495,155 462,890 230,656 205,976 24,680 ..............
Greenland turbot.................. BSAI................ 3,947 3,364 3,364 2,859 n/a ..............
BS.................. n/a 2,836 2,836 2,411 303 122
AI.................. n/a 528 528 449 .............. 79
Arrowtooth flounder............... BSAI................ 103,070 87,511 15,000 12,750 1,605 645
Kamchatka flounder................ BSAI................ 8,776 7,435 7,435 6,320 .............. 1,115
Rock sole \7\..................... BSAI................ 196,011 119,969 66,000 58,938 7,062 ..............
Flathead sole \8\................. BSAI................ 81,167 66,927 35,500 31,702 3,799 ..............
Alaska plaice..................... BSAI................ 43,328 36,021 18,000 15,300 .............. 2,700
Other flatfish \9\................ BSAI................ 22,919 17,189 4,500 3,825 .............. 675
Pacific ocean perch............... BSAI................ 49,279 41,322 38,264 33,667 n/a ..............
BS.................. n/a 11,700 11,700 9,945 .............. 1,755
EAI................. n/a 8,013 8,013 7,156 857 ..............
CAI................. n/a 5,551 5,551 4,957 594 ..............
WAI................. n/a 16,058 13,000 11,609 1,391 ..............
Northern rockfish................. BSAI................ 22,105 18,135 11,000 9,350 .............. 1,650
Blackspotted/Rougheye rock-....... BSAI................ 763 570 570 485 86 58
BS/EAI.............. n/a 388 388 330
fish \10\........................ CAI/WAI............. n/a 182 182 155 .............. 27
Shortraker rockfish............... BSAI................ 706 530 530 451 .............. 80
Other rockfish \11\............... BSAI................ 1,680 1,260 1,260 1,071 .............. 189
BS.................. n/a 880 880 748 .............. 132
AI.................. n/a 380 380 323 .............. 57
Atka mackerel..................... BSAI................ 101,188 86,464 66,855 59,702 7,153 ..............
EAI/BS.............. n/a 37,958 30,000 26,790 3,210 ..............
CAI................. n/a 15,218 15,218 13,590 1,628 ..............
WAI................. n/a 33,288 21,637 19,322 2,315 ..............
Skates............................ BSAI................ 44,168 36,837 27,927 23,738 .............. 4,189
Sharks............................ BSAI................ 689 450 250 213 .............. 38

[[Page 14931]]

Octopuses......................... BSAI................ 4,769 3,576 400 340 .............. 60
-----------------------------------------------------------------------------------------------
Total......................... .................... 6,219,700 3,590,412 2,000,000 1,779,703 194,185 13,928
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Regulatory areas and districts are defined at Sec. 679.2 (BSAI=Bering Sea and Aleutian Islands management area, BS=Bering Sea subarea,
AI=Aleutian Islands subarea, EAI=Eastern Aleutian district, CAI=Central Aleutian district, WAI=Western Aleutian district).
\1\ These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these
harvest specifications, the Bering Sea subarea (BS) includes the Bogoslof District.
\2\ Except for pollock, the portion of the sablefish TAC allocated to fixed gear, and Amendment 80 species (Atka mackerel, flathead sole, rock sole,
yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 15 percent of each TAC is put into a non-specified reserve (Sec.
679.20(b)(1)(i)). The ITAC for these species is the remainder of the TAC after the subtraction of these reserves. For pollock and Amendment 80
species, ITAC is the non-CDQ allocation of TAC (see footnotes 3 and 4).
\3\ For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 10.7
percent of the TAC is reserved for use by CDQ participants (see Sec. Sec. 679.20(b)(1)(ii)(C)). 20 percent of the sablefish TAC allocated to fixed
gear, 7.5 percent of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for Bering Sea Greenland turbot and arrowtooth flounder
are reserved for use by CDQ participants (see Sec. 679.20(b)(1)(ii)(B) and (D)). The 2024 fixed gear portion of the sablefish ITAC and CDQ reserve
will not be specified until the final 2024 and 2025 harvest specifications. Aleutian Islands Greenland turbot, ``other flatfish,'' Alaska plaice,
Bering Sea Pacific ocean perch, Kamchatka flounder, northern rockfish, shortraker rockfish, blackspotted/rougheye rockfish, ``other rockfish,''
skates, sharks, and octopuses are not allocated to the CDQ program.
\4\ Under Sec. 679.20(a)(5)(i)(A), the annual BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second
for the incidental catch allowance (50,000 mt), is further allocated by sector for a pollock directed fishery as follows: inshore--50 percent; catcher/
processor--40 percent; and motherships--10 percent. Under Sec. 679.20(a)(5)(iii)(B)(2), the annual AI pollock TAC, after subtracting first for the
CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (2,500 mt), is allocated to the Aleut Corporation for a
pollock directed fishery.
\5\ The BS Pacific cod TAC is set to account for the 12 percent, plus 45 mt, of the BS ABC for the State of Alaska's (State) guideline harvest level in
State waters of the BS. The AI Pacific cod TAC is set to account for 39 percent of the AI ABC for the State guideline harvest level in State waters of
the AI.
\6\ The sablefish OFL and ABC are Alaska-wide and include the Gulf of Alaska. The Alaska-wide sablefish OFL and ABC are included in the total OFL and
ABC. The BS and AI sablefish TACs are set to account for the 5 percent of the BS and AI ABC for the State of Alaska's (State) guideline harvest level
in State waters of the BS and AI.
\7\ ``Rock sole'' includes Lepidopsetta polyxystra (Northern rock sole) and Lepidopsetta bilineata (Southern rock sole).
\8\ ``Flathead sole'' includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
\9\ ``Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole,
Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
\10\ ``Blackspotted/Rougheye rockfish'' includes Sebastes melanostictus (blackspotted) and Sebastes aleutianus (rougheye).
\11\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean perch, northern rockfish, blackspotted/
rougheye rockfish, and shortraker rockfish.

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

Section 679.20(b)(1)(i) requires that NMFS reserve 15 percent of
the TAC for each target species (except for pollock, fixed gear
allocation of sablefish, and Amendment 80 species) in a non-specified
reserve. Section 679.20(b)(1)(ii)(B) requires that NMFS allocate 20
percent of the fixed gear allocation of sablefish to the fixed-gear
sablefish CDQ reserve for each subarea. Section 679.20(b)(1)(ii)(D)
requires that NMFS allocate 7.5 percent of the trawl gear allocations
of sablefish in the BS and AI and 10.7 percent of the BS Greenland
turbot and arrowtooth flounder TACs to the respective CDQ reserves.
Section 679.20(b)(1)(ii)(C) requires that NMFS allocate 10.7 percent of
the TACs for Atka mackerel, AI Pacific ocean perch, yellowfin sole,
rock sole, flathead sole, and Pacific cod to the respective CDQ
reserves. Section 679.20(b)(1)(ii)(A) also requires that 10 percent of
the BS pollock TAC be allocated to the pollock CDQ directed fishing
allowance (DFA). Section 679.20(b)(1)(ii)(A) requires that 10 percent
of the AI pollock TAC be allocated to the pollock CDQ DFA. The entire
Bogoslof District pollock TAC is allocated as an ICA pursuant to Sec.
679.20(a)(5)(ii) because the Bogoslof District is closed to directed
fishing for pollock by regulation (Sec. 679.22(a)(7)(B)). With the
exception of the fixed gear sablefish CDQ reserve, the regulations do
not further apportion the CDQ allocations by gear.
Pursuant to Sec. 679.20(a)(5)(i)(A)(1), NMFS allocates a pollock
ICA of 50,000 mt of the BS pollock TAC after subtracting the 10 percent
CDQ DFA. This allowance is based on NMFS's examination of the pollock
incidental catch, including the incidental catch by CDQ vessels, in
target fisheries other than pollock from 2000 through 2022. During this
23-year period, the pollock incidental catch ranged from a low of 2.2
percent in 2006 to a high of 4.6 percent in 2014, with a 23-year
average of 3 percent. Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) and
(ii), NMFS establishes a pollock ICA of 2,500 mt of the AI pollock TAC
after subtracting the 10 percent CDQ DFA. This allowance is based on
NMFS's examination of the pollock incidental catch, including the
incidental catch by CDQ vessels, in target fisheries other than pollock
from 2003 through 2022. During this 20-year period, the incidental
catch of pollock ranged from a low of 5 percent in 2006 to a high of 17
percent in 2014, with a 20-year average of 9 percent.
After subtracting the 10.7 percent CDQ reserve and pursuant to
Sec. 679.20(a)(8) and (10), NMFS allocates ICAs of 3,000 mt of
flathead sole, 6,000 mt of rock sole, 4,000 mt of yellowfin sole, 10 mt
of WAI Pacific ocean perch, 60 mt of CAI Pacific ocean perch, 100 mt of
Eastern Aleutian district (EAI) Pacific ocean perch, 20 mt of Western
Aleutian district (WAI) Atka mackerel, 75 mt of Central Aleutian
district (CAI)

[[Page 14932]]

Atka mackerel, and 800 mt of EAI and BS Atka mackerel. These ICA
allowances are based on NMFS's examination of the incidental catch in
other target fisheries from 2003 through 2022.
The regulations do not designate the remainder of the non-specified
reserve by species or species group. Any amount of the reserve may be
apportioned to a target species that contributed to the non-specified
reserves during the year, provided that such apportionments are
consistent with Sec. 679.20(a)(3) and do not result in overfishing
(see Sec. 679.20(b)(1)(i)). The Regional Administrator has determined
that the ITACs specified for one species group listed in Tables 1 and 2
need to be supplemented from the non-specified reserve because U.S.
fishing vessels have demonstrated the capacity to catch the full TAC
allocations. Therefore, in accordance with Sec. 679.20(b), NMFS is
apportioning the amounts shown in Table 3 from the non-specified
reserve to increase the ITAC for AI ``other rockfish'' by 15 percent of
the ``other rockfish'' TAC in 2023 and 2024.

Table 3--Final 2023 and 2024 Apportionment of Non-Specified Reserves to ITAC Categories
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2023 2024
Species-area or subarea 2023 ITAC reserve 2023 final 2024 ITAC reserve 2024 final
amount TAC amount TAC
----------------------------------------------------------------------------------------------------------------
Other rockfish-Aleutian Islands 323 57 380 323 57 380
subarea..........................
-----------------------------------------------------------------------------
Total......................... 323 57 380 323 57 380
----------------------------------------------------------------------------------------------------------------

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

Section 679.20(a)(5)(i)(A) requires that the BS pollock TAC be
apportioned as a DFA, after subtracting 10 percent for the CDQ program
and 50,000 mt for the ICA in both 2023 and 2024, as follows: 50 percent
to the inshore sector, 40 percent to the catcher/processor (CP) sector,
and 10 percent to the mothership sector. In the BS, 45 percent of the
DFAs are allocated to the A season (January 20-June 10), and 55 percent
of the DFAs are allocated to the B season (June 10-November 1)
(Sec. Sec. 679.20(a)(5)(i)(B)(1) and 679.23(e)(2)). The AI directed
pollock fishery allocation to the Aleut Corporation is the amount of
pollock TAC remaining in the AI after subtracting 1,900 mt for the CDQ
DFA (10 percent) and 2,500 mt for the ICA (Sec.
679.20(a)(5)(iii)(B)(2)). In the AI, the total A season apportionment
of the TAC (including the AI directed fishery allocation, the CDQ DFA,
and the ICA) may not exceed 40 percent of the ABC for AI pollock, and
the remainder of the TAC is allocated to the B season (Sec.
679.20(a)(5)(iii)(B)(3)). Tables 4 and 5 list these 2023 and 2024
amounts.
Section 679.20(a)(5)(iii)(B)(6) sets harvest limits for pollock in
the A season (January 20 to June 10) in Areas 543, 542, and 541. NMFS
establishes harvest limits for pollock in the A season in Area 541 of
no more than 30 percent, in Area 542 of no more than 15 percent, and in
Area 543 of no more than 5 percent of the Aleutian Islands pollock ABC.
Section 679.20(a)(5)(i)(A)(4) also includes several specific
requirements regarding BS pollock allocations. First, it requires that
8.5 percent of the pollock allocated to the CP sector be available for
harvest by AFA CVs with CP sector endorsements, unless the Regional
Administrator receives a cooperative contract that allows for the
distribution of harvest among AFA CPs and AFA CVs in a manner agreed to
by all members. Second, AFA CPs not listed in the AFA are limited to
harvesting not more than 0.5 percent of the pollock allocated to the CP
sector. Tables 4 and 5 list the 2023 and 2024 allocations of pollock
TAC. Table 20 lists the AFA CP prohibited species sideboard limits, and
Tables 21 and 22 list the AFA CV groundfish and prohibited species
sideboard limits. The tables for the pollock allocations to the BS
inshore pollock cooperatives and open access sector will be posted on
the Alaska Region website at <a href="https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-groundfish-fisheries-management">https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-groundfish-fisheries-management</a>.
Tables 4 and 5 also list seasonal apportionments of pollock and
harvest limits within the Steller Sea Lion Conservation Area (SCA). The
harvest of pollock within the SCA, as defined at Sec.
679.22(a)(7)(vii), is limited to no more than 28 percent of the annual
pollock DFA before 12 p.m. (noon), April 1, as provided in Sec.
679.20(a)(5)(i)(C). The A season pollock SCA harvest limit will be
apportioned to each sector in proportion to each sector's allocated
percentage of the DFA.

Table 4--Final 2023 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ Directed
Fishing Allowances (DFA) \1\
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2023 A season \1\ 2023 B season \1\
2023 --------------------------------------------------
Area and sector Allocations SCA harvest
A season DFA limit \2\ B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\.................. 1,300,000 n/a n/a n/a
CDQ DFA..................................... 130,000 58,500 36,400 71,500
ICA \1\..................................... 50,000 n/a n/a n/a
Total Bering Sea non-CDQ DFA................ 1,120,000 504,000 313,600 616,000
AFA Inshore................................. 560,000 252,000 156,800 308,000
AFA Catcher/Processors \3\.................. 448,000 201,600 125,440 246,400
Catch by CPs............................ 409,920 184,464 n/a 225,456
Catch by CVs \3\........................ 38,080 17,136 n/a 20,944
Unlisted CP Limit \4\................... 2,240 1,008 n/a 1,232
AFA Motherships............................. 112,000 50,400 31,360 61,600

[[Page 14933]]

Excessive Harvesting Limit \5\.............. 196,000 n/a n/a n/a
Excessive Processing Limit \6\.............. 336,000 n/a n/a n/a
Aleutian Islands subarea ABC................ 43,413 n/a n/a n/a
Aleutian Islands subarea TAC \1\............ 19,000 n/a n/a n/a
CDQ DFA..................................... 1,900 1,856 n/a 44
ICA......................................... 2,500 1,250 n/a 1,250
Aleut Corporation........................... 14,600 14,260 n/a 340
Area harvest limit \7\...................... n/a n/a n/a n/a
541..................................... 13,024 n/a n/a n/a
542..................................... 6,512 n/a n/a n/a
543..................................... 2,171 n/a n/a n/a
Bogoslof District ICA \8\................... 300 n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
Note: Seasonal or sector apportionments may not total precisely due to rounding.
\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the Bering Sea subarea pollock TAC, after subtracting the CDQ DFA (10
percent) and the ICA (50,000 mt, 4.27 percent), is allocated as a DFA as follows: inshore sector--50 percent,
catcher/processor sector (CP)--40 percent, and mothership sector--10 percent. In the Bering Sea subarea, 45
percent of the DFAs are allocated to the A season (January 20-June 10) and 55 percent of the DFAs are
allocated to the B season (June 10-November 1). When the AI pollock ABC equals or exceeds 19,000 mt, the
annual TAC is equal to 19,000 mt (Sec. 679.20(a)(5)(iii)(B)(1)). Pursuant to Sec. 679.20(a)(5)(iii)(B)(2),
the Aleutian Islands subarea pollock TAC, after subtracting first for the CDQ DFA (10 percent) and second for
the ICA (2,500 mt), is allocated to the Aleut Corporation for a pollock directed fishery. In the Aleutian
Islands subarea, the A season is allocated no more than 40 percent of the Aleutian Islands pollock ABC.
\2\ In the Bering Sea subarea, pursuant to Sec. 679.20(a)(5)(i)(C), no more than 28 percent of each sector's
annual DFA may be taken from the SCA before 12 p.m. (noon), April 1.
\3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), 8.5 percent of the allocation to listed CPs shall be available for
harvest only by eligible catcher vessels with a CP endorsement delivering to listed CPs, unless there is a CP
sector cooperative for the year.
\4\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting
not more than 0.5 percent of the catcher/processor sector's allocation of pollock.
\5\ Pursuant to Sec. 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
percent of the sum of the non-CDQ pollock DFAs.
\6\ Pursuant to Sec. 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30
percent of the sum of the non-CDQ pollock DFAs.
\7\ Pursuant to Sec. 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
Area 541 of no more than 30 percent, in Area 542 of no more than 15 percent, and in Area 543 of no more than 5
percent of the Aleutian Islands pollock ABC.
\8\ Pursuant to Sec. 679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The
amounts specified are for incidental catch only and are not apportioned by season or sector.

Table 5--Final 2024 Allocations of Pollock TACs to the Directed Pollock Fisheries And to the CDQ Directed
Fishing Allowances (DFA) \1\
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2024 A season \1\ 2024 B season \1\
2024 --------------------------------------------------
Area and sector Allocations SCA harvest
A season DFA limit \2\ B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea..........................
TAC\1\...................................... 1,302,000 n/a n/a n/a
CDQ DFA..................................... 130,200 58,590 36,456 71,610
ICA \1\..................................... 50,000 n/a n/a n/a
Total Bering Sea non-CDQ DFA................ 1,121,800 504,810 314,104 616,990
AFA Inshore................................. 560,900 252,405 157,052 308,495
AFA Catcher/Processors \3\.................. 448,720 201,924 125,642 246,796
Catch by CPs............................ 410,579 184,760 n/a 225,818
Catch by CVs \3\........................ 38,141 17,164 n/a 20,978
Unlisted CP Limit \4\................... 2,244 1,010 n/a 1,234
AFA Motherships............................. 112,180 50,481 31,410 61,699
Excessive Harvesting Limit \5\.............. 196,315 n/a n/a n/a
Excessive Processing Limit \6\.............. 336,540 n/a n/a n/a
Aleutian Islands subarea ABC................ 43,092 n/a n/a n/a
Aleutian Islands subarea TAC \1\............ 19,000 n/a n/a n/a
CDQ DFA..................................... 1,900 1,841 n/a 59
ICA......................................... 2,500 1,250 n/a 1,250
Aleut Corporation........................... 14,600 14,146 n/a 454
Area harvest limit \7\...................... n/a n/a n/a n/a
541..................................... 12,928 n/a n/a n/a
542..................................... 6,464 n/a n/a n/a
543..................................... 2,155 n/a n/a n/a

[[Page 14934]]

Bogoslof District ICA \8\................... 300 n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
Note: Seasonal or sector apportionments may not total precisely due to rounding.
\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the Bering Sea subarea pollock TAC, after subtracting the CDQ DFA (10
percent) and the ICA (50,000 mt, 4.27 percent), is allocated as a DFA as follows: inshore sector--50 percent,
catcher/processor sector (CP)--40 percent, and mothership sector--10 percent. In the Bering Sea subarea, 45
percent of the DFAs are allocated to the A season (January 20-June 10) and 55 percent of the DFAs are
allocated to the B season (June 10-November 1). When the AI pollock ABC equals or exceeds 19,000 mt, the
annual TAC is equal to 19,000 mt (Sec. 679.20(a)(5)(iii)(B)(1)). Pursuant to Sec. 679.20(a)(5)(iii)(B)(2),
the Aleutian Islands subarea pollock TAC, after subtracting first for the CDQ DFA (10 percent) and second for
the ICA (2,500 mt), is allocated to the Aleut Corporation for a pollock directed fishery. In the Aleutian
Islands subarea, the A season is allocated no more than 40 percent of the Aleutian Islands pollock ABC.
\2\ In the Bering Sea subarea, pursuant to Sec. 679.20(a)(5)(i)(C), no more than 28 percent of each sector's
annual DFA may be taken from the SCA before 12 p.m. (noon), April 1.
\3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), 8.5 percent of the allocation to listed CPs shall be available for
harvest only by eligible catcher vessels with a CP endorsement delivering to listed CPs, unless there is a CP
sector cooperative for the year.
\4\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting
not more than 0.5 percent of the catcher/processor sector's allocation of pollock.
\5\ Pursuant to Sec. 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
percent of the sum of the non-CDQ pollock DFAs.
\6\ Pursuant to Sec. 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30
percent of the sum of the non-CDQ pollock DFAs.
\7\ Pursuant to Sec. 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
Area 541 of no more than 30 percent, in Area 542 of no more than 15 percent, and in Area 543 of no more than 5
percent of the Aleutian Islands pollock ABC.
\8\ Pursuant to Sec. 679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The
amounts specified are for incidental catch only and are not apportioned by season or sector.

Allocation of the Atka Mackerel TACs

Section 679.20(a)(8) allocates the Atka mackerel TACs to the
Amendment 80 and BSAI trawl limited access sectors, after subtracting
the CDQ reserves, ICAs for the BSAI trawl limited access sector and
non-trawl gear sector, and the jig gear allocation (Tables 6 and 7).
The percentage of the ITAC for Atka mackerel allocated to the Amendment
80 and BSAI trawl limited access sectors is listed in Table 33 to 50
CFR part 679 and in Sec. 679.91. Pursuant to Sec. 679.20(a)(8)(i), up
to 2 percent of the EAI and the BS Atka mackerel TAC may be allocated
to vessels using jig gear. The percent of this allocation is
recommended annually by the Council based on several criteria,
including, among other criteria, the anticipated harvest capacity of
the jig gear fleet. The Council recommended, and NMFS approves, a 0.5
percent allocation of the Atka mackerel TAC in the EAI and BS to the
jig gear sector in 2023 and 2024.
Section 679.20(a)(8)(ii)(A) apportions the Atka mackerel TAC, after
subtraction of the jig gear allocation, into two equal seasonal
allowances. Section 679.23(e)(3) sets the first seasonal allowance for
directed fishing with trawl gear from January 20 through June 10 (A
season), and the second seasonal allowance from June 10 through
December 31 (B season). Section 679.23(e)(4)(iii) applies Atka mackerel
seasons to CDQ Atka mackerel trawl fishing. Within any fishing year,
any under harvest or over harvest of a seasonal allowance may be added
to or subtracted from a subsequent seasonal allowance (Sec.
679.20(a)(8)(ii)(B)). The ICAs and jig gear allocations are not
apportioned by season.
Sections 679.20(a)(8)(ii)(C)(1)(i) and (ii) limits Atka mackerel
catch within waters 0 nautical miles (nmi) to 20 nmi of Steller sea
lion sites listed in Table 6 to 50 CFR part 679 and located west of
178[deg] W longitude to no more than 60 percent of the annual TACs in
Areas 542 and 543, and equally divides the annual TACs between the A
and B seasons as defined at Sec. 679.23(e)(3). Section
679.20(a)(8)(ii)(C)(2) requires that the annual TAC in Area 543 will be
no more than 65 percent of the ABC in Area 543. Section
679.20(a)(8)(ii)(D) requires that any unharvested Atka mackerel A
season allowance that is added to the B season be prohibited from being
harvested within waters 0 nmi to 20 nmi of Steller sea lion sites
listed in Table 6 to 50 CFR part 679 and located in Areas 541, 542, and
543.
Tables 6 and 7 list these 2023 and 2024 Atka mackerel seasonal and
area allowances, and the sector allocations. One Amendment 80
cooperative has formed for the 2023 fishing year. Because all Amendment
80 vessels are part of the sole Amendment 80 cooperative, no allocation
to the Amendment 80 limited access sector is required for 2023. The
2024 allocations for Atka mackerel between Amendment 80 cooperatives
and the Amendment 80 limited access sector will not be known until
eligible participants apply for participation in the program by
November 1, 2023.

[[Page 14935]]

Table 6--Final 2023 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch Allowance, and
Amendment 80 Allocations of the BSAI Atka Mackerel TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2023 Allocation by area
--------------------------------------------------
Season \2\ \3\ Eastern
Sector \1\ \4\ Aleutian Central Western Aleutian
district/ Aleutian district
Bering Sea district \5\
----------------------------------------------------------------------------------------------------------------
TAC......................................... n/a 27,260 17,351 24,671
CDQ reserve................................. Total 2,917 1,857 2,640
A 1,458 928 1,320
Critical n/a 557 792
Habitat
B 1,458 928 1,320
Critical n/a 557 792
Habitat
Non-CDQ TAC................................. n/a 24,343 15,494 22,031
ICA......................................... Total 800 75 20
Jig \6\..................................... Total 118 .............. .................
BSAI trawl limited access................... Total 2,343 1,542 .................
A 1,171 771 .................
Critical n/a 463 .................
Habitat
B 1,171 771 .................
Critical n/a 463 .................
Habitat
Amendment 80 sector......................... Total 21,083 13,877 22,011
A 10,541 6,939 11,006
Critical n/a 4,163 6,603
Habitat
B 10,541 6,939 11,006
Critical n/a 4,163 6,603
Habitat
----------------------------------------------------------------------------------------------------------------
Note: Seasonal or sector apportionments may not total precisely due to rounding.
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and jig
gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for
Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50 CFR
part 679 and Sec. 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec.
679.20(b)(1)(ii)(C)).
\2\ Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel
fishery.
\3\ The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
\4\ Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from
January 20 to June 10 and the B season from June 10 to December 31.
\5\ Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to
be caught inside of Steller sea lion protection areas; section 679.20(a)(8)(ii)(C)(1)(ii) equally divides the
annual TACs between the A and B seasons as defined at Sec. 679.23(e)(3); and section 679.20(a)(8)(ii)(C)(2)
requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
\6\ Sections 679.2 and 679.20(a)(8)(i) require that up to 2 percent of the Eastern Aleutian Islands District and
the Bering Sea subarea TAC be allocated to jig gear after subtracting the CDQ reserve and the ICA. NMFS sets
the amount of this allocation for 2023 at 0.5 percent. The jig gear allocation is not apportioned by season.

Table 7--Final 2024 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch Allowance, and
Amendment 80 Allocation of the BSAI Atka Mackerel TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2024 Allocation by area
--------------------------------------------------
Season \2\ \3\ Eastern
Sector \1\ \4\ Aleutian Central Western Aleutian
district/ Aleutian district \5\
Bering Sea \5\ district \5\
----------------------------------------------------------------------------------------------------------------
TAC......................................... n/a 30,000 15,218 21,637
CDQ reserve................................. Total 3,210 1,628 2,315
A 1,605 814 1,158
Critical n/a 488 695
Habitat
B 1,605 814 1,158
Critical n/a 488 695
Habitat
non-CDQ TAC................................. n/a 26,790 13,590 19,322
ICA......................................... Total 800 75 20
Jig \6\..................................... Total 130 .............. .................
BSAI trawl limited access................... Total 2,586 1,351 .................
A 1,293 676 .................
Critical n/a 405 .................
Habitat
B 1,293 676 .................
Critical n/a 405 .................
Habitat
Amendment 80 sectors \7\.................... Total 23,274 12,163 19,302
A 11,637 6,082 9,651
Critical n/a 3,649 5,791
Habitat
B 11,637 6,082 9,651

[[Page 14936]]

Critical n/a 3,649 5,791
Habitat
----------------------------------------------------------------------------------------------------------------
Note: Seasonal or sector apportionments may not total precisely due to rounding.
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and jig
gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for
Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50 CFR
part 679 and Sec. 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec.
679.20(b)(1)(ii)(C)).
\2\ Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel
fishery.
\3\ The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
\4\ Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from
January 20 to June 10 and the B season from June 10 to December 31.
\5\ Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to
be caught inside of Steller sea lion protection areas; section 679.20(a)(8)(ii)(C)(1)(ii) equally divides the
annual TACs between the A and B seasons as defined at Sec. 679.23(e)(3); and section 679.20(a)(8)(ii)(C)(2)
requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
\6\ Sections 679.2 and 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian Islands District
and the Bering Sea subarea TAC be allocated to jig gear after subtracting the CDQ reserve and the ICA. NMFS
sets the amount of this allocation for 2024 at 0.5 percent. The jig gear allocation is not apportioned by
season.
\7\ The 2024 allocations for Atka mackerel between Amendment 80 cooperatives and the Amendment 80 limited access
sector will not be known until eligible participants apply for participation in the program by November 1,
2023.

Allocation of the Pacific Cod TAC

The Council separated BSAI subarea OFLs, ABCs, and TACs for Pacific
cod in 2014 (79 FR 12108, March 4, 2014). Section 679.20(b)(1)(ii)(C)
allocates 10.7 percent of the BS TAC and the AI TAC to the CDQ program.
After CDQ allocations have been deducted from the respective BS and AI
Pacific cod TACs, the remaining BSAI Pacific cod TACs are combined for
calculating further BSAI Pacific cod sector allocations. If the non-CDQ
Pacific cod TAC is or will be reached in either the BS or the AI
subareas, NMFS will prohibit non-CDQ directed fishing for Pacific cod
in that subarea as provided in Sec. 679.20(d)(1)(iii).
Section 679.20(a)(7)(ii) allocates to the non-CDQ sectors the
Pacific cod TAC in the combined BSAI, after subtracting 10.7 percent
for the CDQ program, as follows: 1.4 percent to vessels using jig gear;
2.0 percent to hook-and-line or pot CVs less than 60 ft (18.3 m) length
overall (LOA); 0.2 percent to hook-and-line CVs greater than or equal
to 60 ft (18.3 m) LOA; 48.7 percent to hook-and-line CPs; 8.4 percent
to pot CVs greater than or equal to 60 ft (18.3 m) LOA; 1.5 percent to
pot CPs; 2.3 percent to AFA trawl CPs; 13.4 percent to Amendment 80
sector; and 22.1 percent to trawl CVs. The ICA for the hook-and-line
and pot sectors will be deducted from the aggregate portion of Pacific
cod TAC allocated to the hook-and-line and pot sectors. For 2023 and
2024, the Regional Administrator establishes an ICA of 500 mt based on
anticipated incidental catch by these sectors in other fisheries.
During the fishing year, NMFS may reallocate unharvested Pacific cod
among sectors, consistent with the reallocation hierarchy set forth at
Sec. 679.20(a)(7)(iii).
The ITAC allocation of Pacific cod to the Amendment 80 sector is
established in Table 33 to 50 CFR part 679 and Sec. 679.91. One
Amendment 80 cooperative has formed for the 2023 fishing year. Because
all Amendment 80 vessels are part of the sole Amendment 80 cooperative,
no allocation to the Amendment 80 limited access sector is required for
2023. The 2024 allocations for Pacific cod between Amendment 80
cooperatives and the Amendment 80 limited access sector will not be
known until eligible participants apply for participation in the
program by November 1, 2023.
The sector allocations of Pacific cod are apportioned into seasonal
allowances to disperse the Pacific cod fisheries over the fishing year
(see Sec. Sec. 679.20(a)(7)(i)(B), 679.20(a)(7)(iv)(A), and
679.23(e)(5)). Tables 8 and 9 list the non-CDQ sector and seasonal
allowances. In accordance with Sec. 679.20(a)(7)(iv)(B) and (C), any
unused portion of a non-CDQ Pacific cod seasonal allowance for any
sector, except the jig sector, will become available at the beginning
of that sector's next seasonal allowance. Section 679.20(a)(7)(i)(B)
sets forth the CDQ Pacific cod gear allowances by season, and CDQ
groups are prohibited from exceeding those seasonal allowances (Sec.
679.7(d)(6)).
Section 679.20(a)(7)(vii) requires that the Regional Administrator
establish an Area 543 Pacific cod harvest limit based on Pacific cod
abundance in Area 543 as determined by the annual stock assessment
process. Based on the 2022 stock assessment, the Regional Administrator
determined for 2023 and 2024 the estimated amount of Pacific cod
abundance in Area 543 is 15.7 percent of the total AI abundance. To
calculate the Area 543 Pacific cod harvest limit, NMFS first subtracts
the State GHL Pacific cod amount from the AI Pacific cod ABC. Then NMFS
determines the harvest limit in Area 543 by multiplying the percentage
of Pacific cod estimated in Area 543 (15.7 percent) by the remaining
ABC for AI Pacific cod. Based on these calculations, the Area 543
harvest limit is 2,233 mt for 2023 and 2024.
On March 21, 2019, the final rule adopting Amendment 113 to the FMP
(81 FR 84434, November 23, 2016) was vacated by the U.S. District Court
for the District of Columbia (Groundfish Forum v. Ross, No. 16-2495
(D.D.C. March 21, 2019)), and the corresponding regulations
implementing Amendment 113 are no longer in effect. Therefore, this
final rule is not specifying amounts for the AI Pacific Cod Catcher
Vessel Harvest Set-Aside Program (see Sec. 679.20(a)(7)(viii)). NMFS
anticipates that in 2024 the regulations at Sec. 679.20(a)(7)(viii)
will be removed through implementation of the PCTC Program, if
Amendment 122 and its regulations are approved by the Secretary of
Commerce (described above

[[Page 14937]]

in Other Actions Affecting the 2023 and 2024 Harvest Specifications).
Based on the final 2023 and 2024 Pacific cod TACs, Table 8 and
Table 9 list the CDQ and non-CDQ TAC amounts; non-CDQ seasonal
allowances by gear; the sector allocations of Pacific cod; and the
seasons set forth at Sec. 679.23(e)(5).

Table 8--Final 2023 Sector Allocations and Seasonal Allowances of the BSAI Pacific Cod TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2023 Seasonal apportionment
Sector Percent 2023 Share of 2023 Share of -------------------------------
total sector total Season Amount
----------------------------------------------------------------------------------------------------------------
BS TAC.......................... n/a 127,409 n/a n/a................ n/a
BS CDQ.......................... n/a 13,633 n/a see Sec. n/a
679.20(a)(7)(i)(B).
BS non-CDQ TAC.................. n/a 113,776 n/a n/a................ n/a
AI TAC.......................... n/a 8,425 n/a n/a................ n/a
AI CDQ.......................... n/a 901 n/a see Sec. n/a
679.20(a)(7)(i)(B).
AI non-CDQ TAC.................. n/a 7,524 n/a n/a................ n/a
Area 543 Western Aleutian Island n/a 2,233 n/a n/a................ n/a
Limit.
Total BSAI non-CDQ TAC \1\...... 100 121,300 n/a n/a................ n/a
Total hook-and-line/pot gear.... 60.8 73,750 n/a n/a................ n/a
Hook-and-line/pot ICA \2\....... n/a 500 n/a see Sec. n/a
679.20(a)(7)(ii)(B
).
Hook-and-line/pot sub-total..... n/a 73,250 n/a n/a................ n/a
Hook-and-line catcher/processor. 48.7 n/a 58,672 Jan 1-Jun 10....... 29,923
Jun 10-Dec 31...... .........
28,750
Hook-and-line catcher vessel 0.2 n/a 241 Jan 1-Jun 10....... 123
[gteqt]60 ft LOA. Jun 10-Dec 31...... .........
118
Pot catcher/processor........... 1.5 n/a 1,807 Jan 1-Jun 10....... 922
Sept 1-Dec 31...... .........
886
Pot catcher vessel [gteqt]60 ft 8.4 n/a 10,120 Jan 1-Jun 10....... 5,161
LOA. Sept 1-Dec 31...... .........
4,959
Catcher vessel <60 ft LOA using 2.0 n/a 2,410 n/a................ n/a
hook-and-line or pot gear.
Trawl catcher vessel............ 22.1 26,807 n/a Jan 20-Apr 1....... 19,837
Apr 1-Jun 10....... .........
Jun 10-Nov 1....... 2,949
.........
4,021
AFA trawl catcher/processor..... 2.3 2,790 n/a Jan 20-Apr 1....... 2,092
Apr 1-Jun 10....... .........
Jun 10-Nov 1....... 697
Amendment 80.................... 13.4 16,254 n/a Jan 20-Apr 1....... 12,191
Apr 1-Jun 10....... .........
Jun 10-Dec 31...... 4,064
Jig............................. 1.4 1,698 n/a Jan 1-Apr 30....... 1,019
Apr 30-Aug 31...... 340
Aug 31-Dec 31...... 340
----------------------------------------------------------------------------------------------------------------
Note: Seasonal or sector apportionments may not total precisely due to rounding.
\1\ The sector allocations and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and
AI Pacific cod TACs, after the subtraction of the reserves for the CDQ program. If the TAC for Pacific cod in
either the AI or BS is or will be reached, then directed fishing for non-CDQ Pacific cod in that subarea will
be prohibited, even if a BSAI allowance remains (Sec. 679.20(d)(1)(iii)).
\2\ The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC
allocated to the hook-and-line and pot sectors. The Regional Administrator approves an ICA of 500 mt for 2023
based on anticipated incidental catch by these sectors in other fisheries.

Table 9--Final 2024 Sector Allocations and Seasonal Allowances of the BSAI Pacific Cod TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2024 Seasonal apportionment
Sector Percent 2024 Share 2024 Share of -------------------------------
total sector total Season Amount
----------------------------------------------------------------------------------------------------------------
BS TAC.......................... n/a 123,295 n/a n/a................ n/a
BS CDQ.......................... n/a 13,193 n/a see Sec. n/a
679.20(a)(7)(i)(B).
BS non-CDQ TAC.................. n/a 110,102 n/a n/a................ n/a
AI TAC.......................... n/a 8,425 n/a n/a................ n/a
AI CDQ.......................... n/a 901 n/a see Sec. n/a
679.20(a)(7)(i)(B).
AI non-CDQ TAC.................. n/a 7,524 n/a n/a................ n/a
Area 543 Western Aleutian Island n/a 2,233 n/a n/a................ n/a
Limit.

[[Page 14938]]

Total BSAI non-CDQ TAC \1\...... n/a 117,626 n/a n/a................ n/a
Total hook-and-line/pot gear.... 60.8 71,517 n/a n/a................ n/a
Hook-and-line/pot ICA \2\....... n/a 500 n/a see Sec. n/a
679.20(a)(7)(ii)(B
).
Hook-and-line/pot sub-total..... n/a 71,017 n/a n/a................ n/a
Hook-and-line catcher/processor. 48.7 n/a 56,883 Jan 1-Jun 10....... 29,011
Jun 10-Dec 31...... .........
27,873
Hook-and-line catcher vessel 0.2 n/a 234 Jan 1-Jun 10....... 119
[gteqt]60 ft LOA. Jun 10-Dec 31...... .........
114
Pot catcher/processor........... 1.5 n/a 1,752 Jan 1-Jun 10....... 894
Sept 1-Dec 31...... .........
859
Pot catcher vessel [gteqt]60 ft 8.4 n/a 9,812 Jan 1-Jun 10....... 5,004
LOA. Sept 1-Dec 31...... .........
4,808
Catcher vessel <60 ft LOA using 2.0 n/a 2,336 n/a................ n/a
hook-and-line or pot gear.
Trawl catcher vessel............ 22.1 25,995 n/a Jan 20-Apr 1....... 19,237
Apr 1-Jun 10....... .........
Jun 10-Nov 1....... 2,859
.........
3,899
AFA trawl catcher/processor..... 2.3 2,705 n/a Jan 20-Apr 1....... 2,029
Apr 1-Jun 10....... .........
Jun 10-Nov 1....... 676
Amendment 80.................... 13.4 15,762 n/a Jan 20-Apr 1....... 11,821
Apr 1-Jun 10....... .........
Jun 10-Dec 31...... 3,940
Jig............................. 1.4 1,647 n/a Jan 1-Apr 30....... 988
Apr 30-Aug 31...... 329
Aug 31-Dec 31...... 329
----------------------------------------------------------------------------------------------------------------
Note: Seasonal or sector apportionments may not total precisely due to rounding.
\1\ The sector allocations and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and
AI Pacific cod TACs, after the subtraction of the reserves for the CDQ program. If the TAC for Pacific cod in
either the AI or BS is or will be reached, then directed fishing for non-CDQ Pacific cod in that subarea will
be prohibited, even if a BSAI allowance remains (Sec. 679.20(d)(1)(iii)).
\2\ The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC
allocated to the hook-and-line and pot sectors. The Regional Administrator approves an ICA of 500 mt for 2024
based on anticipated incidental catch by these sectors in other fisheries.

Sablefish Gear Allocation

Sections 679.20(a)(4)(iii) and (iv) require allocation of the
sablefish TAC for the BS and AI subareas between the trawl gear and
fixed gear sectors. Gear allocations of the sablefish TAC for the BS
are 50 percent for trawl gear and 50 percent for fixed gear. Gear
allocations of the TAC for the AI are 25 percent for trawl gear and 75
percent for fixed gear. Section 679.20(b)(1)(ii)(B) requires that NMFS
apportions 20 percent of the fixed gear allocation of sablefish TAC to
the CDQ reserve for each subarea. Also, Sec. 679.20(b)(1)(ii)(D)(1)
requires that in the BS and AI 7.5 percent of the trawl gear allocation
of sablefish TAC from the non-specified reserve, established under
Sec. 679.20(b)(1)(i), be assigned to the CDQ reserve.
The Council recommended that only trawl sablefish TAC be
established biennially. The harvest specifications for the fixed gear
sablefish Individual Fishing Quota (IFQ) fisheries are limited to the
2023 fishing year to ensure those fisheries are conducted concurrently
with the halibut IFQ fishery. Concurrent sablefish and halibut IFQ
fisheries reduce the potential for discards of halibut and sablefish in
those fisheries. The sablefish IFQ fisheries remain closed at the
beginning of each fishing year until the final harvest specifications
for the sablefish IFQ fisheries are in effect. Table 10 lists the 2023
and 2024 gear allocations of the sablefish TAC and CDQ reserve amounts.

Table 10--Final 2023 and 2024 Gear Shares and CDQ Reserve of BSAI Sablefish TACs
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Percent of 2023 Share 2023 CDQ 2024 Share 2024 CDQ
Subarea and gear TAC of TAC 2023 ITAC reserve of TAC 2024 ITAC reserve
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea...................................................
Trawl gear \1\........................................... 50 3,998 3,398 300 4,838 4,112 363
Fixed gear \2\........................................... 50 3,998 3,198 800 n/a n/a n/a
------------------------------------------------------------------------------------------

[[Page 14939]]

Total................................................ 100 7,996 6,597 1,099 4,838 4,112 363
--------------------------------------------------------------------------------------------------------------------------------------------------------
Aleutian Islands.............................................
Trawl gear \1\........................................... 25 2,110 1,794 158 2,448 2,081 184
Fixed gear \2\........................................... 75 6,330 5,064 1,266 n/a n/a n/a
------------------------------------------------------------------------------------------
Total................................................ 100 8,440 6,858 1,424 2,448 2,081 184
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Seasonal or sector apportionments may not total precisely due to rounding.
\1\ For the sablefish TAC allocated to vessels using trawl gear, 15 percent of TAC is apportioned to the non-specified reserve (Sec. 679.20(b)(1)(i)).
The ITAC for vessels using trawl gear is the remainder of the TAC after subtracting this reserve. In the BS and AI, 7.5 percent of the trawl gear
allocation of the TAC is assigned from the non-specified reserve to the CDQ reserve (Sec. 679.20(b)(1)(ii)(D)(1)).
\2\ For the portion of the sablefish TAC allocated to vessels using fixed gear, 20 percent of the allocated TAC for the BS and AI is reserved for use by
CDQ participants (Sec. 679.20(b)(1)(ii)(B)). The ITAC for vessels using fixed gear is the remainder of the TAC after subtracting the CDQ reserve for
each subarea. The Council recommended that specifications for the fixed gear sablefish IFQ fisheries be limited to 1 year.

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

Sections 679.20(a)(10)(i) and (ii) require that NMFS allocate AI
Pacific ocean perch and BSAI flathead sole, rock sole, and yellowfin
sole ITACs between the Amendment 80 sector and the BSAI trawl limited
access sector, after subtracting 10.7 percent for the CDQ reserves and
ICAs for the BSAI trawl limited access sector and vessels using non-
trawl gear. The allocations of the ITACs for AI Pacific ocean perch and
BSAI flathead sole, rock sole, and yellowfin sole to the Amendment 80
sector are established in accordance with Tables 33 and 34 to 50 CFR
part 679 and Sec. 679.91.
One Amendment 80 cooperative has formed for the 2023 fishing year.
Because all Amendment 80 vessels are part of the sole Amendment 80
cooperative, no allocation to the Amendment 80 limited access sector is
required for 2023. The 2024 allocations for Amendment 80 species
between Amendment 80 cooperatives and the Amendment 80 limited access
sector will not be known until eligible participants apply for
participation in the program by November 1, 2023. Tables 11 and 12 list
the 2023 and 2024 allocations of the AI Pacific ocean perch and BSAI
flathead sole, rock sole, and yellowfin sole TACs.

Table 11--Final 2023 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAs), and Amendment 80 Allocations of the Aleutian Islands
Pacific Ocean Perch and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACs
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific ocean perch Flathead sole Rock sole Yellowfin sole
-----------------------------------------------------------------------------------------------
Sector Eastern Central Western
Aleutian Aleutian Aleutian BSAI BSAI BSAI
district district district
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC..................................................... 8,152 5,648 12,000 35,500 66,000 230,000
CDQ..................................................... 872 604 1,284 3,799 7,062 24,610
ICA..................................................... 100 60 10 3,000 6,000 4,000
BSAI trawl limited access............................... 718 498 214 .............. .............. 45,498
Amendment 80............................................ 6,462 4,485 10,492 28,702 52,938 155,892
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Sector apportionments may not total precisely due to rounding.

Table 12--Final 2024 Community Development Quota (CDC) Reserves, Incidental Catch Amounts (ICAs), and Amendment 80 Allocations of the Aleutian Islands
Pacific Ocean Perch and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACs
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific ocean perch Flathead sole Rock sole Yellowfin sole
-----------------------------------------------------------------------------------------------
Sector Eastern Central Western
Aleutian Aleutian Aleutian BSAI BSAI BSAI
district district district
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC..................................................... 8,013 5,551 13,000 35,500 66,000 230,656
CDQ..................................................... 857 594 1,391 3,799 7,062 24,680
ICA..................................................... 100 60 10 3,000 6,000 4,000
BSAI trawl limited access............................... 706 490 232 .............. .............. 45,733
Amendment 80 \1\........................................ 6,350 4,407 11,367 28,702 52,938 156,243
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Sector apportionments may not total precisely due to rounding.
\1\ The 2024 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until
eligible participants apply for participation in the program by November 1, 2023.

[[Page 14940]]

Section 679.2 defines the ABC surplus for flathead sole, rock sole,
and yellowfin sole as the difference between the annual ABC and TAC for
each species. Section 679.20(b)(1)(iii) establishes ABC reserves for
flathead sole, rock sole, and yellowfin sole. The ABC surpluses and the
ABC reserves are necessary to mitigate the operational variability,
environmental conditions, and economic factors that may constrain the
CDQ groups and the Amendment 80 cooperatives from fully harvesting
their allocations and to improve the likelihood of achieving and
maintaining, on a continuing basis, the optimum yield in the BSAI
groundfish fisheries. NMFS, after consultation with the Council, may
set the ABC reserve at or below the ABC surplus for each species, thus
maintaining the TAC at or below ABC limits. An amount equal to 10.7
percent of the ABC reserves will be allocated as CDQ ABC reserves for
flathead sole, rock sole, and yellowfin sole. Section 679.31(b)(4)
establishes the annual allocations of CDQ ABC reserves among the CDQ
groups. The Amendment 80 ABC reserves are the ABC reserves minus the
CDQ ABC reserves. Section 679.91(i)(2) establishes Amendment 80
cooperatives ABC reserve to be the ratio of each cooperatives' quota
share units and the total Amendment 80 quota share units, multiplied by
the Amendment 80 ABC reserve for each respective species. Table 13
lists the 2023 and 2024 ABC surplus and ABC reserves for BSAI flathead
sole, rock sole, and yellowfin sole.

Table 13--Final 2023 and 2024 ABC Surplus, ABC Reserves, Community Development Quota (CDQ) ABC Reserves, and Amendment 80 ABC Reserves in the BSAI for
Flathead Sole, Rock Sole, and Yellowfin Sole
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023 Flathead 2023 Yellowfin 2024 \1\ 2024 \1\ Rock 2024 \1\
Sector sole 2023 Rock sole sole Flathead sole sole Yellowfin sole
--------------------------------------------------------------------------------------------------------------------------------------------------------
ABC................................................... 65,344 121,719 378,499 66,927 119,969 462,890
TAC................................................... 35,500 66,000 230,000 35,500 66,000 230,656
ABC surplus........................................... 29,844 55,719 148,499 31,427 53,969 232,234
ABC reserve........................................... 29,844 55,719 148,499 31,427 53,969 232,234
CDQ ABC reserve....................................... 3,193 5,962 15,889 3,363 5,775 24,849
Amendment 80 ABC reserve.............................. 26,651 49,757 132,610 28,064 48,194 207,385
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The 2024 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until
eligible participants apply for participation in the program by November 1, 2023.

PSC Limits for Halibut, Salmon, Crab, and Herring

Section 679.21, at paragraphs (b), (e), (f), and (g), sets forth
the BSAI PSC limits. Pursuant to Sec. 679.21(b)(1), the annual BSAI
halibut PSC limits total 3,515 mt. Section 679.21(b)(1) allocates 315
mt of the halibut PSC limit as the PSQ reserve for use by the
groundfish CDQ Program, 1,745 mt of the halibut PSC limit for the
Amendment 80 sector, 745 mt of the halibut PSC limit for the BSAI trawl
limited access sector, and 710 mt of the halibut PSC limit for the BSAI
non-trawl sector.
Section 679.21(b)(1)(iii)(A) and (B) requires apportionment of the
BSAI non-trawl halibut PSC limit into PSC allowances among six fishery
categories in Table 17, and Sec. 679.21(b)(1)(ii)(A) and (B),
(e)(3)(i)(B), and (e)(3)(iv) requires apportionment of the trawl PSC
limits in Tables 15 and 16 into PSC allowances among seven fishery
categories. These apportionments into PSC allowances are based on the
fishery categories' share of anticipated halibut PSC during the fishing
year and the need to optimize the amount of total groundfish harvested
under the halibut PSC limit for the non-trawl and trawl sectors.
Pursuant to Section 3.6 of the FMP, the Council recommends, and
NMFS agrees, that certain specified non-trawl fisheries be exempt from
the halibut PSC limit. As in past years, after consultation with the
Council, NMFS exempts the pot gear fishery, the jig gear fishery, and
the sablefish IFQ fixed gear fishery categories from halibut bycatch
restrictions for the following reasons: (1) the pot gear fisheries have
low halibut bycatch mortality; (2) NMFS estimates halibut mortality for
the jig gear fleet to be negligible because of the small size of the
fishery and the selectivity of the gear; and (3) the sablefish and
halibut IFQ fisheries have low halibut bycatch mortality because the
IFQ program requires that legal-size halibut be retained by vessels
using fixed gear if a halibut IFQ permit holder or a hired master is
aboard and is holding unused halibut IFQ for that vessel category and
the IFQ regulatory area in which the vessel is operating (Sec.
679.7(f)(11)).
The 2022 total groundfish catch for the pot gear fishery in the
BSAI was 21,177 mt, with an associated halibut bycatch mortality of 25
mt. The 2022 jig gear fishery harvested no groundfish. Most vessels in
the jig gear fleet are exempt from observer coverage requirements. As a
result, observer data are not available on halibut bycatch in the jig
gear fishery. As mentioned above, NMFS estimates a negligible amount of
halibut bycatch mortality because of the selective nature of jig gear
and the low mortality rate of halibut caught with jig gear and
released.
Under Sec. 679.21(f)(2), NMFS annually allocates portions of
either 33,318, 45,000, 47,591, or 60,000 Chinook salmon PSC limits
among the AFA sectors, depending on past bycatch performance, on
whether Chinook salmon bycatch incentive plan agreements (IPAs) are
formed and approved by NMFS, and on whether NMFS determines it is a low
Chinook salmon abundance year. NMFS will determine that it is a low
Chinook salmon abundance year when abundance of Chinook salmon in
western Alaska is less than or equal to 250,000 Chinook salmon. The
State of Alaska provides to NMFS an estimate of Chinook salmon
abundance using the 3-System Index for western Alaska based on the
Kuskokwim, Unalakleet, and Upper Yukon aggregate stock grouping.
If an AFA sector participates in an approved IPA and has not
exceeded its performance standard under Sec. 679.21(f)(6), and if it
is not a low Chinook salmon abundance year, then NMFS will allocate a
portion of the 60,000 Chinook salmon PSC limit to that sector as
specified in Sec. 679.21(f)(3)(iii)(A). If no IPA is approved, or if
the sector has exceeded its performance standard under Sec.
679.21(f)(6), and if it is not a low abundance year, then NMFS will
allocate a portion of the 47,591 Chinook salmon PSC limit to that
sector as specified in Sec. 679.21(f)(3)(iii)(C). If an AFA sector
participates in an approved IPA and has not exceeded its

[[Page 14941]]

performance standard under Sec. 679.21(f)(6), in a low abundance year,
then NMFS will allocate a portion of the 45,000 Chinook salmon PSC
limit to that sector as specified in Sec. 679.21(f)(3)(iii)(B). If no
IPA is approved, or if the sector has exceeded its performance standard
under Sec. 679.21(f)(6), and if in a low abundance year, then NMFS
will allocate a portion of the 33,318 Chinook salmon PSC limit to that
sector as specified in Sec. 679.21(f)(3)(iii)(D).
NMFS has determined that 2022 was a low Chinook salmon abundance
year, based on the State's estimate that Chinook salmon abundance in
western Alaska is less than 250,000 Chinook salmon. Therefore, in 2023,
the Chinook salmon PSC limit is 45,000 Chinook salmon, allocated to
each sector as specified in Sec. 679.21(f)(3)(iii)(B). The AFA sector
Chinook salmon PSC allocations are also seasonally apportioned with 70
percent for the A season pollock fishery, and 30 percent for the B
season pollock fishery (Sec. Sec. 679.21(f)(3)(i) and 679.23(e)(2)).
In 2023, the Chinook salmon bycatch performance standard under Sec.
679.21(f)(6) is 33,318 Chinook salmon, allocated to each sector as
specified in Sec. 679.21(f)(3)(iii)(D).
NMFS publishes the approved IPAs, allocations, and reports at
<a href="https://alaskafisheries.noaa.gov/sustainablefisheries/bycatch/default.htm">https://alaskafisheries.noaa.gov/sustainablefisheries/bycatch/default.htm</a>.
Section 679.21(g)(2)(i) specifies 700 fish as the 2023 and 2024
Chinook salmon PSC limit for the AI pollock fishery. Section
679.21(g)(2)(ii) allocates 7.5 percent, or 53 Chinook salmon, as the AI
PSQ reserve for the CDQ program, and allocates the remaining 647
Chinook salmon to the non-CDQ fisheries.
Section 679.21(f)(14)(i) specifies 42,000 fish as the 2023 and 2024
non-Chinook salmon PSC limit for vessels using trawl gear from August
15 through October 14 in the Catcher Vessel Operational Area (CVOA).
Section 679.21(f)(14)(ii) allocates 10.7 percent, or 4,494 non-Chinook
salmon, in the CVOA as the PSQ reserve for the CDQ program, and
allocates the remaining 37,506 non-Chinook salmon in the CVOA to the
non-CDQ fisheries. Section 679.21(f)(14)(iv) exempts from closures in
the Chum Salmon Savings Area trawl vessels participating in directed
fishing for pollock and operating under an IPA approved by NMFS.
PSC limits for crab and herring are specified annually based on
abundance and spawning biomass. Section 679.21(e)(3)(i)(A)(1) allocates
10.7 percent from each trawl gear PSC limit specified for crab as a PSQ
reserve for use by the groundfish CDQ program.
Based on the most recent (2022) survey data, the red king crab
mature female abundance is estimated at 8.004 million red king crabs,
and the effective spawning biomass is estimated at 19.607 million lbs
(8,894 mt). Based on the criteria set out at Sec. 679.21(e)(1)(i), the
2023 and 2024 PSC limit of red king crab in Zone 1 for trawl gear is
32,000 animals. This limit derives from the mature female abundance
estimate below 8.4 million mature red king crab.
Section 679.21(e)(3)(ii)(B)(2) establishes criteria under which
NMFS must specify an annual red king crab bycatch limit for the Red
King Crab Savings Subarea (RKCSS) if the State has established a GHL
fishery for red king crab in the Bristol Bay area in the previous year.
The State's Department of Fish and Game (ADF&G) and NMFS have reviewed
the final 2022 NMFS trawl survey data for the Bristol Bay red king crab
stock. The stock is estimated to be below the regulatory threshold for
opening a fishery. Therefore, the State did not establish a GHL for the
Bristol Bay red king crab fishery, and the fishery will remain closed
for the 2022/2023 crab season. Since the State did not establish a GHL,
NMFS and the Council will not specify an amount of the red king crab
bycatch limit, annually established under Sec. 679.21(e)(1)(i), for
the RKCSS for 2023. Also, NMFS closed directed fishing for groundfish
for vessels using non-pelagic trawl gear in the RKCSS for 2023 (88 FR
3930, January 23, 2023). NMFS and the Council will assess the RKCSS
bycatch limit and closure for 2024 based on whether the State's ADF&G
establishes a GHL for the 2023/2024 red king crab fishery in the
Bristol Bay area.
Based on the most recent (2022) survey data, Tanner crab
(Chionoecetes bairdi) abundance is estimated at 381 million animals.
Pursuant to criteria set out at Sec. 679.21(e)(1)(ii), the calculated
2023 and 2024 C. bairdi crab PSC limit for trawl gear is 830,000
animals in Zone 1, and 2,520,000 animals in Zone 2. The limit in Zone 1
is based on the abundance of C. bairdi estimated at 381 million
animals, which is greater than 270 million animals but less than 400
million animals. The limit in Zone 2 is based on the abundance of C.
bairdi estimated at 381 million animals, which is greater than 290
million animals but less than 400 million animals.
Pursuant to Sec. 679.21(e)(1)(iii), the PSC limit for trawl gear
for snow crab (Chionoecetes opilio) is based on total abundance as
indicated by the NMFS annual bottom trawl survey. The C. opilio crab
PSC limit in the C. opilio bycatch limitation zone (COBLZ) is set at
0.1133 percent of the BS abundance index minus 150,000 crabs, unless
the minimum or maximum PSC limit applies. Based on the most recent
(2022) survey estimate of 2.584 billion animals, the calculated C.
opilio crab PSC limit is 2,927,672 animals. Because 0.1133 percent
multiplied by the total abundance is less than 4.5 million, the minimum
PSC limit applies and the PSC limit will be 4.350 million animals.
Pursuant to Sec. 679.21(e)(1)(v), the PSC limit of Pacific herring
caught while conducting any trawl operation for BSAI groundfish is 1
percent of the annual eastern BS herring biomass. The best estimate of
2023 and 2024 herring biomass is 344,379 mt. This amount was developed
by ADF&G based on biomass for spawning aggregations. Therefore, the
herring PSC limit for 2023 and 2024 is 3,444 mt for all trawl gear as
listed in Tables 14 and 15.
Section 679.21(e)(3)(i)(A) requires that crab PSQ reserves be
subtracted from the total trawl gear crab PSC limits. The crab and
halibut PSC limits apportioned to the Amendment 80 and BSAI trawl
limited access sectors are listed in Table 35 to 50 CFR part 679. The
resulting 2023 and 2024 allocations of PSC limit to CDQ PSQ reserves,
the Amendment 80 sector, and the BSAI trawl limited access sector are
listed in Table 14. Pursuant to Sec. Sec. 679.21(b)(1)(i),
679.21(e)(3)(vi), and 679.91(d) through (f), crab and halibut trawl PSC
limits assigned to the Amendment 80 sector are then further allocated
to Amendment 80 cooperatives as cooperative quota. Crab and halibut PSC
cooperative quota assigned to Amendment 80 cooperatives is not
allocated to specific fishery categories. In 2023, there are no vessels
in the Amendment 80 limited access sector and there is one Amendment 80
cooperative. The 2024 PSC allocations between Amendment 80 cooperatives
and the Amendment 80 limited access sector will not be known until
eligible participants apply for participation in the program by
November 1, 2023.
Sections 679.21(b)(2) and (e)(5) authorize NMFS, after consulting
with the Council, to establish seasonal apportionments of halibut and
crab PSC amounts for the BSAI trawl limited access and non-trawl
sectors to maximize the ability of the fleet to harvest the available
groundfish TAC and to minimize bycatch. The factors to be considered
are: (1) seasonal distribution of prohibited species, (2) seasonal
distribution of target groundfish species relative to prohibited
species distribution, (3) PSC bycatch needs on a seasonal basis
relevant to

[[Page 14942]]

prohibited species biomass and expected catches of target groundfish
species, (4) expected variations in bycatch rates throughout the year,
(5) expected changes in directed groundfish fishing seasons, (6)
expected start of fishing effort, and (7) economic effects of
establishing seasonal prohibited species apportionments on segments of
the target groundfish industry. Based on this criteria, the Council
recommended and NMFS approves the seasonal PSC apportionments in Tables
16 and 17 to maximize harvest among gear types, fisheries, and seasons
while minimizing bycatch of PSC.

Table 14--Final 2023 and 2024 Apportionment of Prohibited Species Catch Allowances to Non-Trawl Gear, the CDQ Program, Amendment 80, and the BSAI Trawl
Limited Access Sectors
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trawl PSC BSAI trawl BSAI PSC
PSC species and area and zone \1\ Total PSC Non-trawl PSC CDQ PSQ remaining Amendment 80 limited access limits not
reserve \2\ after CDQ PSQ sector \3\ sector allocated \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Halibut mortality (mt) BSAI............. 3,515 710 315 n/a 1,745 745 ..............
Herring (mt) BSAI....................... 3,444 n/a n/a n/a n/a n/a ..............
Red king crab (animals) Zone 1.......... 32,000 n/a 3,424 28,576 14,282 8,739 5,555
C. opilio (animals) COBLZ............... 4,350,000 n/a 465,450 3,884,550 1,909,256 1,248,494 726,799
C. bairdi crab (animals) Zone 1......... 830,000 n/a 88,810 741,190 312,115 348,285 80,790
C. bairdi crab (animals) Zone 2......... 2,520,000 n/a 269,640 2,250,360 532,660 1,053,394 664,306
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas and zones.
\2\ The PSQ reserve for crab species is 10.7 percent of each crab PSC limit.
\3\ The Amendment 80 Program reduced apportionment of the trawl PSC limits for crab below the total PSC limit. These reductions are not apportioned to
other gear types or sectors.

Table 15--Final 2023 and 2024 Herring and Red King Crab Savings Subarea
Prohibited Species Catch Allowances for all Trawl Sectors
------------------------------------------------------------------------
Red king crab
Fishery categories Herring (mt) BSAI (animals) zone 1
------------------------------------------------------------------------
Yellowfin sole.................... 200 n/a
Rock sole/flathead sole/Alaska 99 n/a
plaice/other flatfish \1\........
Greenland turbot/arrowtooth 10 n/a
flounder/Kamchatka flounder/
sablefish........................
Rockfish.......................... 10 n/a
Pacific cod....................... 18 n/a
Midwater trawl pollock............ 3,066 n/a
Pollock/Atka mackerel/other 41 n/a
species \2\ \3\..................
2023 Red king crab savings subarea n/a 0
non-pelagic trawl gear \4\.......
2024 Red king crab savings subarea n/a 8,000
non-pelagic trawl gear \5\.......
-------------------------------------
Total trawl PSC............... 3,444 32,000
------------------------------------------------------------------------
Note: Species allowances may not total precisely due to rounding.
\1\ ``Other flatfish'' for PSC monitoring includes all flatfish species,
except for halibut (a prohibited species), Alaska plaice, arrowtooth
flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock
sole, and yellowfin sole.
\2\ Pollock other than midwater trawl pollock, Atka mackerel, and
``other species'' fishery category.
\3\ ``Other species'' for PSC monitoring includes skates, sharks, and
octopuses.
\4\ Section 679.21(e)(3)(ii)(B) establishes criteria under which an
annual red king crab bycatch limit must be specified for the Red King
Crab Savings Subarea (RKCSS) if the State has established a GHL
fishery for red king crab in the Bristol Bay area in the previous
year. Based on the final 2022 NMFS trawl survey data for the Bristol
Bay red king crab stock, the State of Alaska closed the Bristol Bay
red king crab fishery for the 2022/2023 crab season. NMFS and the
Council will not specify the red king crab bycatch limit for the RKCSS
in 2023, and pursuant to Sec. 679.21(e)(3)(ii)(B)(1) directed
fishing for groundfish is prohibited for vessels using non-pelagic
trawl gear in the RKCSS for 2023.
\5\ If the Bristol Bay red king crab fishery remains closed in the 2023/
2024 crab season, NMFS and the Council will not specify the red king
crab bycatch limit for the RKCSS in 2024. If the Bristol Bay red king
crab fishery is open in the 2023/2024 crab season, NMFS, after
consultation with the Council, will specify an annual red king crab
bycatch limit for the RKCSS, which is limited by regulation to up to
25 percent of the red king crab PSC allowance and based on the need to
optimize groundfish harvest relative to red king crab bycatch (Sec.
679.21(e)(3)(ii)(B)(2)).

Table 16--Final 2023 and 2024 Prohibited Species Bycatch Allowances for the BSAI Trawl Limited Access Sector
----------------------------------------------------------------------------------------------------------------
Prohibited species and area and zone \1\
-------------------------------------------------------------------------------
BSAI trawl limited access Halibut Red king crab C. opilio C. bairdi (animals)
fisheries mortality (mt) (animals) zone (animals) -------------------------------
BSAI 1 COBLZ Zone 1 Zone 2
----------------------------------------------------------------------------------------------------------------
Yellowfin sole.................. 265 7,700 1,192,179 293,234 1,005,879
Rock sole/flathead sole/Alaska .............. .............. .............. .............. ..............
plaice/other flatfish \2\......
Greenland turbot/arrowtooth .............. .............. .............. .............. ..............
flounder/Kamchatka flounder/
sablefish......................
Rockfish April 15-December 31... 5 .............. 1,006 .............. 849
Pacific cod..................... 300 975 50,281 50,816 42,424
Pollock/Atka mackerel/other 175 65 5,028 4,235 4,243
species \3\....................
-------------------------------------------------------------------------------

[[Page 14943]]

Total BSAI trawl limited 745 8,739 1,248,494 348,285 1,053,394
access PSC.................
----------------------------------------------------------------------------------------------------------------
Note: Seasonal or sector allowances may not total precisely due to rounding.
\1\ Refer to Sec. 679.2 for definitions of areas and zones.
\2\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole,
and yellowfin sole.
\3\ ``Other species'' for PSC monitoring includes skates, sharks, and octopuses.

Table 17--Final 2023 And 2024 Halibut Prohibited Species Bycatch Allowances for Non-Trawl Fisheries
----------------------------------------------------------------------------------------------------------------
Halibut mortality (mt) BSAI
-----------------------------------------------------------------------------------------------------------------
Catcher/
Non-trawl fisheries Seasons processor Catcher vessel All non-trawl
----------------------------------------------------------------------------------------------------------------
Pacific cod....................... Total Pacific cod.... 648 13 661.
January 1-June 10.... 388 9 n/a.
June 10-August 15.... 162 2 n/a.
August 15-December 31 98 2 n/a.
Non-Pacific cod non-trawl-Total... May 1-December 31.... n/a n/a 49.
Groundfish pot and jig............ n/a.................. n/a n/a Exempt.
Sablefish fixed gear.............. n/a.................. n/a n/a Exempt.
------------------------------------------------------
Total for all non-trawl PSC... n/a.................. n/a n/a 710.
----------------------------------------------------------------------------------------------------------------
Note: Seasonal or sector allowances may not total precisely due to rounding.

Estimates of Halibut Biomass and Stock Condition

The IPHC annually assesses the abundance and potential yield of the
Pacific halibut stock using all available data from the commercial and
sport fisheries, other removals, and scientific surveys. Additional
information on the Pacific halibut stock assessment may be found in the
IPHC's 2022 Pacific halibut stock assessment (December 2022), available
on the IPHC website at <a href="http://www.iphc.int">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 (DMRs)

To monitor halibut bycatch mortality allowances and apportionments,
the Regional Administrator uses observed halibut incidental catch
rates, DMRs, and estimates of groundfish catch to project when a
fishery's halibut bycatch mortality allowance or seasonal apportionment
is reached. Halibut incidental catch rates are based on observed
estimates of halibut incidental catch in the groundfish fishery. DMRs
are estimates of the proportion of incidentally caught halibut that do
not survive after being returned to the sea. The cumulative halibut
mortality that accrues to a particular halibut PSC limit is the product
of a DMR multiplied by the estimated halibut PSC. DMRs are estimated
using the best scientific information available in conjunction with the
annual BSAI stock assessment process. The DMR methodology and findings
are included as an appendix to the annual BSAI groundfish SAFE report.
In 2016, the DMR estimation methodology underwent revisions per the
Council's directive. An interagency halibut working group (IPHC,
Council, and NMFS staff) developed improved estimation methods that
have undergone review by the Plan Team, SSC, and the Council. A summary
of the revised methodology is included in the BSAI proposed 2017 and
2018 harvest specifications (81 FR 87863, December 6, 2016), and the
comprehensive discussion of the working group's statistical methodology
is available from the Council (see ADDRESSES). The DMR working group's
revised methodology is intended to improve estimation accuracy,
transparency, and transferability used for calculating DMRs. The
working group will continue to consider improvements to the methodology
used to calculate halibut mortality, including potential changes to the
reference period (the period of data used for calculating the DMRs).
The methodology continues to ensure that NMFS is using DMRs that
accurately reflect halibut mortality, which will inform the sectors of
their estimated halibut mortality and allow sectors to respond with
methods that could reduce mortality and, eventually, the DMR for that
sector.
At the December 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 76435, December 14, 2022). Table 18
lists these final 2023 and 2024 DMRs.

[[Page 14944]]

Table 18--2023 and 2024 Pacific Halibut Discard Mortality Rates (DMR)
for the BSAI
------------------------------------------------------------------------
Halibut
discard
Gear Sector mortality rate
(percent)
------------------------------------------------------------------------
Pelagic trawl..................... All................. 100
Non-pelagic trawl................. Mothership and 85
catcher/processor.
Non-pelagic trawl................. Catcher vessel...... 62
Hook-and-line..................... Catcher/processor... 9
Hook-and-line..................... Catcher vessel...... 9
Pot............................... All................. 26
------------------------------------------------------------------------

Directed Fishing Closures

In accordance with Sec. 679.20(d)(1)(i), the Regional
Administrator may establish a DFA for a species or species group if the
Regional Administrator determines that any allocation or apportionment
of a target species has been or will be reached. If the Regional
Administrator establishes a DFA, and that allowance is or will be
reached before the end of the fishing year, NMFS will prohibit directed
fishing for that species or species group in the specified subarea,
regulatory area, or district (see Sec. 679.20(d)(1)(iii)). Similarly,
pursuant to Sec. 679.21(b)(4) and (e)(7), if the Regional
Administrator determines that a fishery category's bycatch allowance of
halibut, red king crab, C. bairdi crab, or C. opilio crab for a
specified area has been reached, the Regional Administrator will
prohibit directed fishing for each species or species group in that
fishery category in the area specified by regulation for the remainder
of the season or fishing year.
Based on historical catch patterns and anticipated fishing
activity, the Regional Administrator has determined that the groundfish
allocation amounts in Table 19 will be necessary as incidental catch to
support other anticipated groundfish fisheries for the 2023 and 2024
fishing years. Consequently, in accordance with Sec. 679.20(d)(1)(i),
the Regional Administrator establishes the DFA for the species and
species groups in Table 19 as zero mt. Therefore, in accordance with
Sec. 679.20(d)(1)(iii), NMFS is prohibiting directed fishing for these
sectors and species or species groups in the specified areas effective
at 1200 hours, A.l.t., March 10, 2023, through 2400 hours, A.l.t.,
December 31, 2024. Also, for the BSAI trawl limited access sector,
bycatch allowances of halibut, red king crab, C. bairdi crab, and C.
opilio crab listed in Table 19 are insufficient to support directed
fisheries. Therefore, in accordance with Sec. 679.21(b)(4)(i) and
(e)(7), NMFS is prohibiting directed fishing for these sectors,
species, and fishery categories in the specified areas effective at
1200 hours, A.l.t., March 10, 2023, through 2400 hours, A.l.t.,
December 31, 2024.

Table 19--2023 and 2024 Directed Fishing Closures \1\
[Groundfish and halibut amounts are in metric tons. Crab amounts are in number of animals.]
----------------------------------------------------------------------------------------------------------------
2023 Incidental 2024 Incidental
Area Sector Species catch allowance catch allowance
----------------------------------------------------------------------------------------------------------------
Bogoslof District................ All................. Pollock............ 300 300
Aleutian Islands subarea......... All................. Greenland Turbot... 529 449
Aleutian Islands subarea......... All................. ICA pollock........ 2,500 2,500
``Other 380 380
rockfish''\2\.
Aleutian Islands subarea......... Trawl non-CDQ....... Sablefish.......... 1,794 2,081
Eastern Aleutian District/Bering Non-amendment 80, ICA Atka mackerel.. 800 800
Sea. CDQ, and BSAI trawl
limited access.
Eastern Aleutian District/Bering All................. Blackspotted/ 305 330
Sea. Rougheye rockfish.
Eastern Aleutian District........ Non-amendment 80, ICA Pacific ocean 100 100
CDQ, and BSAI trawl perch.
limited access.
Central Aleutian District........ Non-amendment 80, ICA Atka mackerel.. 75 75
CDQ, and BSAI trawl ICA Pacific ocean 60 60
limited access. perch.
Western Aleutian District........ Non-amendment 80, ICA Atka mackerel.. 20 20
CDQ and BSAI trawl ICA Pacific ocean 10 10
limited access. perch.
Western and Central Aleutian All................. Blackspotted/ 141 155
Districts. Rougheye rockfish.
Bering Sea subarea............... Trawl non-CDQ....... Sablefish.......... 3,398 4,112
Bering Sea subarea............... All................. Pacific ocean perch 10,118 9,945
``Other rockfish'' 748 748
\2\. 50,000 50,000
ICA pollock........
Bering Sea and Aleutian Islands.. .................... Shortraker rockfish 451 451
Skates............. 23,325 23,738
Sharks............. 213 213
Octopuses.......... 340 340
Hook-and-line and ICA Pacific cod.... 500 500
pot gear.
All................. ICA flathead sole.. 3,000 3,000
ICA rock sole...... 6,000 6,000
All................. ICA yellowfin sole. 4,000 4,000
BSAI trawl limited Rock sole/flathead ................ ................
access. sole/other
flatfish--halibut
mortality, red
king crab Zone 1,
C. opilio COBLZ,
C. bairdi Zone 1
and 2.
Turbot/arrowtooth/ ................ ................
Kamchatka/
sablefish--halibut
mortality, red
king crab Zone 1,
C. opilio COBLZ,
C. bairdi Zone 1
and 2.
Rockfish--red king ................ ................
crab Zone 1.
----------------------------------------------------------------------------------------------------------------
\1\ Maximum retainable amounts may be found in Table 11 to 50 CFR part 679.

[[Page 14945]]

\2\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean
perch, northern rockfish, blackspotted/rougheye rockfish, and shortraker rockfish.

Closures implemented under the final 2022 and 2023 BSAI harvest
specifications for groundfish (87 FR 11626, 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 Area: <a href="https://www.fisheries.noaa.gov/rules-and-announcements/bulletins">https://www.fisheries.noaa.gov/rules-and-announcements/bulletins</a>. While these closures are in effect,
the maximum retainable amounts at Sec. 679.20(e) and (f) apply at any
time during a fishing trip. These closures to directed fishing are in
addition to closures and prohibitions found at 50 CFR part 679.

Listed AFA Catcher/Processor Sideboard Limits

Pursuant to Sec. 679.64(a), the Regional Administrator is
responsible for restricting the ability of listed AFA CPs to engage in
directed fishing for groundfish species other than pollock to protect
participants in other groundfish fisheries from adverse effects
resulting from the AFA fishery and from fishery cooperatives in the
directed pollock fishery. These restrictions are set out as sideboard
limits on catch. On February 8, 2019, NMFS published a final rule (84
FR 2723) that implemented regulations to prohibit non-exempt AFA CPs
from directed fishing for all groundfish species or species groups
subject to sideboard limits (see Sec. 679.20(d)(1)(iv)(D) and Table 54
to 50 CFR part 679). Section 679.64(a)(1)(v) exempts AFA CPs from a
yellowfin sole sideboard limit because the final 2023 and 2024
aggregate ITAC of yellowfin sole assigned to the Amendment 80 sector
and BSAI trawl limited access sector is greater than 125,000 mt.
Section 679.64(a)(2) and Tables 40 and 41 to 50 CFR part 679
establish a formula for calculating PSC sideboard limits for halibut
and crab caught by listed AFA CPs. The basis for these sideboard limits
is described in detail in the final rules implementing the major
provisions of the AFA (67 FR 79692, December 30, 2002) and Amendment 80
(72 FR 52668, September 14, 2007). PSC species listed in Table 20 that
are caught by listed AFA CPs participating in any groundfish fishery
other than pollock will accrue against the final 2023 and 2024 PSC
sideboard limits for the listed AFA CPs. Section 679.21(b)(4)(iii),
(e)(3)(v), and (e)(7) authorizes NMFS to close directed fishing for
groundfish other than pollock for listed AFA CPs once a final 2023 or
2024 PSC sideboard limit listed in Table 20 is reached. Pursuant to
Sec. 679.21(b)(1)(ii)(C) and (e)(3)(ii)(C), halibut or crab PSC by
listed AFA CPs while fishing for pollock will accrue against the PSC
allowances annually specified for the pollock/Atka mackerel/``other
species'' fishery categories, according to Sec. 679.21(b)(1)(ii)(B)
and (e)(3)(iv).

Table 20--Final 2023 and 2024 BSAI AFA Listed Catcher/Processor Prohibited Species Sideboard Limits
----------------------------------------------------------------------------------------------------------------
2023 and 2024
PSC available 2023 and 2024
Ratio of PSC to trawl AFA catcher/
PSC species and area \1\ catch to total vessels after processor
PSC subtraction of sideboard
PSQ \2\ limit \2\
----------------------------------------------------------------------------------------------------------------
Halibut mortality BSAI.......................................... n/a n/a 286
Red king crab Zone 1............................................ 0.0070 28,576 200
C. opilio (COBLZ)............................................... 0.1530 3,884,550 594,336
C. bairdi Zone 1................................................ 0.1400 741,190 103,767
C. bairdi Zone 2................................................ 0.0500 2,250,360 112,518
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas.
\2\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.

AFA Catcher Vessel Sideboard Limits

Pursuant to Sec. 679.64(b), the Regional Administrator is
responsible for restricting the ability of AFA CVs to engage in
directed fishing for groundfish species other than pollock to protect
participants in other groundfish fisheries from adverse effects
resulting from the AFA fishery and from fishery cooperatives in the
pollock directed fishery. On February 8, 2019, NMFS published a final
rule (84 FR 2723) that implemented regulations to prohibit non-exempt
AFA CVs from directed fishing for a majority of the groundfish species
or species groups subject to sideboard limits (see Sec.
679.20(d)(1)(iv)(D) and Table 55 to 50 CFR part 679). Section
679.64(b)(6) exempts AFA CVs from a yellowfin sole sideboard limit
because the final 2023 and 2024 aggregate ITAC of yellowfin sole
assigned to the Amendment 80 sector and BSAI trawl limited access
sector is greater than 125,000 mt. The remainder of the sideboard
limits for non-exempt AFA CVs are in Table 21.
Section 679.64(b)(3) and (b)(4) and Tables 40 and 41 to 50 CFR part
679 establish formulas for setting AFA CV groundfish and halibut and
crab PSC sideboard limits for the BSAI. The basis for these sideboard
limits is described in detail in the final rules implementing the major
provisions of the AFA (67 FR 79692, December 30, 2002) and Amendment 80
(72 FR 52668, September 14, 2007). Table 21 lists the final 2023 and
2024 AFA CV groundfish sideboard limits.

[[Page 14946]]

Table 21--Final 2023 and 2024 BSAI Pacific Cod Sideboard Limits for American Fisheries Act Catcher Vessels (CVs)
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2023 AFA 2024 AFA
Ratio of 1997 2023 initial catcher vessel 2024 initial catcher vessel
Fishery by area/gear/season AFA CV catch TAC sideboard TAC sideboard
to 1997 TAC limits limits
----------------------------------------------------------------------------------------------------------------
BSAI............................ n/a n/a n/a n/a n/a
Trawl gear CV................... n/a n/a n/a n/a n/a
Jan 20-Apr 1................ 0.8609 19,837 17,078 19,237 16,561
Apr 1-Jun 10................ 0.8609 2,949 2,539 2,859 2,461
Jun 10-Nov 1................ 0.8609 4,021 3,462 3,899 3,357
----------------------------------------------------------------------------------------------------------------
Note: Section 679.64(b)(6) exempts AFA catcher vessels from a yellowfin sole sideboard limit because the 2023
and 2024 aggregate ITAC of yellowfin sole assigned to the Amendment 80 sector and BSAI trawl limited access
sector is greater than 125,000 mt.

Halibut and crab PSC limits listed in Table 22 that are caught by
AFA CVs participating in any groundfish fishery other than pollock will
accrue against the 2023 and 2024 PSC sideboard limits for the AFA CVs.
Section 679.21, at (b)(4)(iii), (e)(3)(v), and (e)(7), authorizes NMFS
to close directed fishing for groundfish other than pollock for AFA CVs
once a final 2023 or 2024 PSC sideboard limit listed in Table 22 is
reached. Pursuant to Sec. 679.21(b)(1)(ii)(C) and (e)(3)(ii)(C),
halibut or crab PSC by AFA CVs while fishing for pollock will accrue
against the PSC allowances annually specified for the pollock/Atka
mackerel/``other species'' fishery categories under Sec.
679.21(b)(1)(ii)(B) and (e)(3)(iv).

Table 22--Final 2023 and 2024 American Fisheries Act Catcher Vessel Prohibited Species Catch Sideboard Limits
for the BSAI \1\
----------------------------------------------------------------------------------------------------------------
2023 and 2024
AFA catcher PSC limit 2023 and 2024
Target fishery category vessel PSC after AFA catcher
PSC species and area \1\ \2\ sideboard subtraction of vessel PSC
limit ratio PSQ reserves sideboard
\3\ limit \3\
----------------------------------------------------------------------------------------------------------------
Halibut............................... Pacific cod trawl....... n/a n/a 887
Pacific cod hook-and- n/a n/a 2
line or pot.
Yellowfin sole total.... n/a n/a 101
Rock sole/flathead sole/ n/a n/a 228
Alaska plaice/other
flatfish \4\.
Greenland turbot/ n/a n/a ..............
arrowtooth/Kamchatka/
sablefish.
Rockfish................ n/a n/a 2
Pollock/Atka mackerel/ n/a n/a 5
other species \5\.
Red king crab Zone 1.................. n/a..................... 0.2990 28,576 8,544
C. opilio COBLZ....................... n/a..................... 0.1680 3,884,550 652,604
C. bairdi Zone 1...................... n/a..................... 0.3300 741,190 244,593
C. bairdi Zone 2...................... n/a..................... 0.1860 2,250,360 418,567
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas.
\2\ Target trawl fishery categories are defined at Sec. 679.21(b)(1)(ii)(B) and (e)(3)(iv).
\3\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
\4\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole,
and yellowfin sole.
\5\ ``Other species'' for PSC monitoring includes skates, sharks, and octopuses.

Response to Comments

Comment 1: The proposed groundfish harvest specifications do not
consider the current status of Chinook and chum salmon.
Response: NMFS and the Council considered the status of Chinook and
chum, and the harvest specifications reflect adjustments based on
promulgated regulations. NMFS and the Council have taken comprehensive
action through Amendments 91 and 110 to the FMP and implementing
regulations to reduce salmon bycatch in the pollock trawl fishery
because of the potential for negative impacts on salmon stocks.
Existing measures have reduced salmon bycatch in the pollock fishery
compared with what they would have been without the measures.
Regulations set limits on how many Chinook salmon can be caught in a
year in the pollock fishery, and those regulations require bycatch caps
to be calculated and implemented in the annual harvest specifications.
NMFS annually allocates portions of either 33,318, 45,000, 47,591, or
60,000 Chinook salmon PSC limits among the AFA sectors, depending on
past bycatch performance, on whether Chinook salmon bycatch incentive
plan agreements (IPAs) are formed and approved by NMFS, and on whether
NMFS determines it is a low Chinook salmon abundance year. NMFS will
determine that it is a low Chinook salmon abundance year when abundance
of Chinook salmon in western Alaska is less than or equal to 250,000
Chinook salmon. The State of Alaska provides NMFS with an estimate of
Chinook salmon abundance using the 3-System Index for western Alaska
based on the Kuskokwim, Unalakleet,

[[Page 14947]]

and Upper Yukon aggregate stock grouping. For 2023, NMFS determined it
was a low abundance year based on the State of Alaska's 3-System Index.
In accordance with the regulations at Sec. 679.21(f), NMFS has
specified a Chinook salmon PSC limit of 45,000 Chinook salmon, and a
Chinook salmon bycatch performance standard of 33,318.
Regulations also set limits on Chinook PSC for the AI pollock
fishery and non-Chinook salmon PSC for vessels using trawl gear from
August 15 through October 14 in the Catcher Vessel Operational Area
(CVOA) (Sec. 679.21(f)(14) and (g)(2)). These are static limits that
are announced in the groundfish harvest specifications.
NMFS acknowledges the western Alaska salmon crisis and the impact
it is having on culture and food security throughout western Alaska.
Science indicates climate change as the primary driver of poor salmon
returns in western Alaska. The Council and NMFS are committed to
continued improvements in bycatch management with a goal of minimizing
bycatch at all levels of salmon and pollock abundance. NMFS and the
Council are currently engaged in a comprehensive process to evaluate
existing measures and develop alternatives that may be necessary to
further reduce chum salmon bycatch. More information on this process
can be found at <a href="https://www.npfmc.org/fisheries-issues/bycatch/salmon-bycatch/">https://www.npfmc.org/fisheries-issues/bycatch/salmon-bycatch/</a>. However, the Chinook and chum salmon limits and the
conditions that affect the limits are set in regulations, and changes
to those regulations are outside of the scope of the annual harvest
specification process. NMFS believes that changes to bycatch management
of all PSC, including Chinook and chum, are best accomplished through
the Council process to recommend FMP amendments and regulations that
NMFS would implement if consistent with the Magnuson-Stevens Act, the
FMP, and other applicable law.
Comment 2: The pollock allocations do not allow for the sustainable
harvest of Western Alaska Chinook and chum salmon. NMFS must address
how the pollock allocations will not have significant impacts on salmon
bycatch.
Response: NMFS recognizes the significant importance of salmon for
Alaska Native people and tribes in terms of food security, cultural
practices, and a way of life. NMFS manages salmon bycatch in the
pollock fishery through a variety of tools, which include Chinook
salmon PSC limits, monitoring, and IPAs to address Chinook and chum
bycatch. These tools apply at all levels of pollock allocations.
Please see the response to Comment 1 for a description of the
Chinook salmon PSC limits that constrain Chinook and non-Chinook
bycatch in the pollock fishery.
To support bycatch management goals, NOAA Fisheries (NMFS) has a
comprehensive monitoring program to collect data on salmon bycatch.
This information is used to estimate how many Chinook and chum salmon
are caught as bycatch from trawl vessels, where those fish came from,
and whether a potential violation of law occurred. To support catch and
bycatch data collection needs on catcher/processors and motherships,
two fishery observers on board each vessel ensure that every haul is
monitored. All catcher vessels in the Bering Sea pollock fisheries are
required to carry an observer or an electronic monitoring system on
every trip. All salmon bycatch must be delivered to the shoreside
processor and every pollock delivery is monitored in entirety for
salmon bycatch to enable a full accounting.
Under Amendments 91 and 110 to the FMP and Federal regulation at 50
CFR 679.21 (Prohibited Species Bycatch Management), the pollock fleet
participates in an industry-developed contractual arrangement, called
an incentive plan agreement (IPA). An IPA establishes an incentive
program to minimize bycatch at all levels of Chinook and chum salmon
abundance. To ensure participants develop effective IPAs, participants
provide the Council and NMFS an annual report that describes the
efforts each IPA is taking to accomplish the intent of the program that
each vessel actively avoids Chinook and chum salmon at all times while
fishing for pollock and, collectively, that bycatch is minimized in
each year. The IPA system is designed to be flexible and responsive,
and can be tailored by each sector to fit its operational needs. The
IPAs impose rewards for avoiding Chinook salmon bycatch or penalties
for failure to avoid Chinook and chum salmon bycatch at the vessel
level. Since implementation, all the participants in the pollock
fishery are currently participating in IPAs.
In 2022, 8,324 Chinook salmon were incidentally caught in the BSAI
groundfish fisheries with 6,337 Chinook salmon out of the total
attributed to the BSAI pollock directed fisheries. Historic Chinook
catches are posted on the NMFS website: <a href="https://www.fisheries.noaa.gov/sites/default/files/akro/chinook_salmon_mortality2022.html">https://www.fisheries.noaa.gov/sites/default/files/akro/chinook_salmon_mortality2022.html</a>.
In 2022, 245,269 chum salmon were incidentally caught in the BSAI
groundfish fisheries with 242,375 chum salmon out of the total
attributed to the BSAI pollock directed fisheries. Historic non-Chinook
salmon catches are posted on the NMFS website: <a href="https://www.fisheries.noaa.gov/sites/default/files/akro/chum_salmon_mortality2022.html">https://www.fisheries.noaa.gov/sites/default/files/akro/chum_salmon_mortality2022.html</a>.
NMFS has adult equivalence estimates of the Chinook salmon that
would have returned to river systems had they not been caught as
bycatch in the BS pollock fishery. The most recent estimates of salmon
bycatch, which use the best available science, show that estimated
bycatch in the pollock fishery is less than 3 percent of the Chinook
salmon returns and less than 1 percent of the chum salmon returns in
Western Alaska. Since 2011, the peak estimate of Chinook bycatch is
less than 2 percent of the Western Alaska returns, as stated in the
most recent Eastern BS pollock SAFE Report.
Reducing the pollock TAC likely would have an extremely small
effect on salmon returns, and therefore on in-river harvest
opportunities, because of the low level of bycatch of salmon in the
pollock fishery. The management measure recommended by the Council and
implemented in regulation by NMFS (the Chinook bycatch limit) sets an
overall limit on the number of Chinook salmon taken as bycatch, as well
as a performance standard (which is less than the overall limit to
incentivize reducing bycatch). The pollock fleet is constrained by the
limit of Chinook salmon set in regulation, regardless of the size of
the pollock harvest. Sectors are prohibited from continuing to fish if
their PSC limit has been exceeded. Further, if the sector exceeds its
performance standard in 3 of 7 years, that sector becomes constrained
by the performance standard in future years (meaning, the sector has a
lower PSC limit).
There is not currently an overall limit on the number of chum
salmon taken as bycatch. Instead, chum salmon bycatch is managed via
IPAs in the pollock fishing sectors, which provide incentives for
vessels to avoid salmon bycatch under any condition of pollock or
salmon abundance. Consistent annual genetic data show the majority of
chum bycatch is of Asian hatchery origin, and thus does not affect
returns to western Alaska rivers. Nevertheless, the Council is
considering additional measures to minimize chum salmon bycatch in the
future.
While 2022 was a relatively low TAC for pollock, because of low
recruitments in previous years, the pollock TAC has been relatively
consistent since new Chinook bycatch measures were

[[Page 14948]]

implemented in 2011, and new Chinook and chum bycatch measures were
implemented in 2016 (Sec. 679.21(f)): <a href="https://media.fisheries.noaa.gov/2022-03/bsai-harvest-specs-1986-present.pdf">https://media.fisheries.noaa.gov/2022-03/bsai-harvest-specs-1986-present.pdf</a>.
While pollock catches have been consistent from year to year since
2011, Chinook and chum bycatch has varied independently of stable
pollock TACs.
Comment 3: National Standard 1 states that NMFS and the Council
must consider social, economic, and ecological factors when setting OY,
maximum sustainable yield (MSY), and TAC. Under National Standard 1,
there must be a reduction in pollock TAC to provide increased
escapement and subsistence opportunities for Western Alaska villages.
Response: The Council and NMFS have considered social, economic,
and ecological factors in setting OY, MSY, and TAC, and the pollock TAC
specified in these final groundfish harvest specification is consistent
with the FMP and National Standards. National Standard 1 states that
conservation and management measures must prevent overfishing while
achieving on a continuing basis the OY from the fishery (16 U.S.C.
1851(a)(1)). The Council and NMFS have previously determined and set
the MSY and OY for the groundfish fishery of the BSAI management area,
with OY set in the FMP and in regulation as a range of 1.4 million to
2.0 million mt (Sec. 679.20(a)(1)). It is therefore outside the scope
of the harvest specifications process to consider adjustments to the OY
and MSY.
In accordance with National Standard 1 and regulations, the SSC
recommends for each species and species group an OFL and an ABC. The
catch limits (TAC) cannot exceed the ABC (50 CFR 600.310(f)(4)). TAC
must be set equal to or less than ABC, and ABC must be set equal to or
less than OFL (Sec. 600.310(f)(3) and (4)). NMFS specifies TAC after
consultation with the Council, and annual determinations of TAC are
based on review of both the biological condition of the specific
species or species group and socioeconomic conditions (Sec.
679.20(a)(2)-(3)). Here, for 2023, the Council has recommended a BS
pollock TAC of 1,300,000 mt, which is 32 percent below the ABC of
1,910,000 mt. The ABC is 62 percent less than the OFL of 3,381,000 mt.
This specification of OFL, ABC, and TAC is consistent with National
Standard 1 guidelines. The 2023 BS pollock TAC is also 18,000 mt below
the past 10-year mean of BS pollock TACs. NMFS concurs with the
Council's recommended specification of the 2023 BS pollock TAC. This
TAC is based on consideration of the biological condition of the
pollock stock, as reviewed in the SAFE pollock chapter; the status of
the ecosystem, as reviewed in the Bering Sea ecosystem status report
(ESR); and socioeconomic considerations, as reviewed in the SAFE
pollock chapter and Economic Status Report. NMFS also concurs with the
Council that the specification of all TACs at the upper bound of 2.0
million mt is consistent with National Standard 1, as well as the FMP
and the harvest strategy selected as the preferred alternative in the
EIS (see response to Comment 5). The specification of all TACs at 2.0
million mt is consistent with historical pollock allocations in years
of high pollock abundance. In addition, as explained in response to
Comment 2, reducing the pollock TAC would not meaningfully increase
salmon returns to Western Alaska given the small percentages of salmon
stocks taken as bycatch in the pollock fishery and the constraining PSC
limit that applies at any level of pollock harvest.
Comment 4: Even though pollock catches salmon as bycatch, pollock
TAC increased while salmon returns have decreased.
Response: Pollock TACs in the BS are cyclical depending on pollock
recruitment. While the 2022 TAC was lower than normal due to decreased
pollock abundance, the recommended 2023 TACs are similar to the
historical average TACs, and thus larger than the 2022 TAC. The best
scientific information available does not suggest that a reduction in
the pollock TAC would measurably increase salmon escapement to western
Alaska (see response to Comment 2). While salmon bycatch in the pollock
fishery may be a contributing factor in the decline of salmon, NMFS
expects the numbers of the ocean bycatch that would have returned to
western Alaska would be relatively small due to ocean mortality and the
large number of other river systems contributing to the total Chinook
or chum salmon bycatch. For Chinook salmon, the bycatch expected to
have returned to western Alaska rivers is less than 3 percent of
coastal western Alaska run size in recent years, and less than 2
percent since 2011. For 2021, the estimate of bycaught salmon that
would have returned to Western Alaska is 8,610 fish with an estimate of
7,705 fish from 2011 through 2020. For chum salmon, the chum salmon
bycatch expected to have returned to western Alaska rivers is less than
1 percent of the coastal western Alaska run size in recent years. For
2021, the number of bycaught salmon expected to return to Western
Alaska is estimated to be 51,510 fish with an estimate of 49,290 fish
annually from 2011 through 2020.
Comment 5: Explain how OY is reached considering the decreased
salmon returns.
Response: The Council recommended and NMFS set the OY as a range of
1.4 to 2 million mt. This OY is set forth in the FMP and in regulation,
and is based on the sum of all TACs. NMFS has therefore determined
that, in any given year, setting the TACs to fall within that range
provides the greatest overall benefit to the Nation, particularly with
respect to food production and recreational opportunities and taking
into account the protection of marine ecosystems and relevant economic,
social, or ecological factors (Sec. 600.310(e)(3)). Here, NMFS concurs
with the Council's recommendation that TACs fall within the upper bound
(2 million mt). Setting TACs to meet the upper bound of the OY range of
2.0 million mt, while also recognizing that total TACs represent a 32
percent reduction below total ABCs, balances relevant National Standard
1 considerations. Setting TACs at the higher bound of the OY will
provide the greatest benefit for the Nation based on the benefits of
maintaining viable groundfish fisheries and contributions to regional
and local economies. That total groundfish removals are 32 percent
below total ABC recognizes the benefits that flow from that reduction,
such as protections afforded to marine ecosystems, forage for ecosystem
components, and other ecological factors (Sec. 600.310(e)(3)(iii)(A)-
(B)).
NMFS has determined that further reductions in TAC are not
necessary. As stated in the responses to previous comments, the
recommended TACs are not expected to significantly affect the returns
of Chinook and chum salmon to Western Alaska. Moreover, the pollock
fleet is constrained by a PSC limit that applies regardless of fishing
effort and the catch limits (TAC) for pollock. Therefore, for the 2023
and 2024 groundfish harvest specifications, the OY is reached by
adopting TACs whose sum is within this range while not exceeding the
ABCs developed through the SAFE reports and recommended by the Council
and SSC.
Comment 6: The harvest specifications use an outdated EIS.
Response: Groundfish harvests are managed subject to annual limits
on the retained and discarded amounts of each species and species
group. The ``harvest strategy'' is the method used to calculate the
annual limits, referred to as ``harvest specifications,'' and the
process of establishing them is referred to as the ``specifications
process.'' NMFS

[[Page 14949]]

prepared the Alaska Groundfish Harvest Specifications Final
Environmental Impact Statement (Final EIS) to analyze alternatives to
implement the FMP's harvest strategy and specifications process, which
outlines the method and process used to determine the annual harvest
specifications for the federally managed groundfish fisheries in the
GOA and BSAI management areas. NMFS also must specify PSC allowances in
the annual harvest specifications.
A harvest strategy is needed for the management of the groundfish
fisheries and the conservation of marine resources, as required by the
Magnuson-Stevens Act and as described in the management policy, goals,
and objectives in the FMP (16 U.S.C. 1853(a)(15)). The purpose of the
harvest strategy is to provide for orderly and controlled commercial
fishing for groundfish; promote sustainable incomes to the fishing,
fish processing, and support industries; support sustainable fishing
communities; and provide sustainable flows of fish products to
consumers. The harvest strategy balances groundfish harvest in the
fishing year with ecosystem needs (such as non-target fish stocks,
marine mammals, seabirds, and habitat).
NMFS concluded that the harvest strategy provides the best balance
among relevant environmental, social, and economic considerations and
allows for continued management of the groundfish fisheries based on
the most recent, best scientific information. While the specific
numbers that the harvest strategy produces may vary from year to year,
the methodology used for the preferred harvest strategy remains
constant. NMFS has not changed the harvest strategy or specifications
process from what was analyzed in the Final EIS.
Each year the harvest strategy uses the best scientific information
available in the annual SAFE reports to derive the annual harvest
specifications, which include TACs and PSC limits. The SAFE reports are
available (see ADDRESSES). Through this process, each year, the
Council's Groundfish Plan Teams use updated stock assessments to
calculate biomass, OFLs, and ABCs for each species and species group
for specified management areas. The OFLs and ABCs are published with
the harvest specifications, and provide the foundation for the Council
and NMFS to develop the TACs. The OFLs and ABCs reflect fishery
science, applied in light of the requirements of the FMPs. The Council
bases its TAC recommendations on those of its AP, which are consistent
with the SSC's OFL and ABC recommendations (meaning, the TAC
recommendations cannot exceed the SSC's ABC and OFL recommendations).
The Final EIS evaluates the consequences of alternative harvest
strategies on ecosystem components and on the ecosystem as a whole. The
Final EIS evaluates the alternatives for their effects within the
action area. The environmental consequences of each alternative were
considered for target species, non-specified species, forage species,
prohibited species, marine mammals, seabirds, Essential Fish Habitat,
ecosystem relationships, the economy, and environmental justice. These
considerations were evaluated based on the conditions as they existed
at the time the EIS was developed. However, each year since 2007
relevant changes (new information, changed circumstances, potential
changes to the action) are considered with the primary purpose of
evaluating the need to supplement the Final EIS.
NEPA implementing regulations at 40 CFR 1502.9(d) instruct agencies
to prepare supplements to either draft or final environmental impact
statements if: (i) The agency makes substantial changes to the proposed
action that are relevant to environmental concerns; or (ii) There are
significant new circumstances or information relevant to environmental
concerns and bearing on the proposed action or its impacts.
Not every change requires a supplemental EIS (SEIS); only those
changes that cause significantly different effects from those already
studied require supplementary consideration. The Supreme Court directs
that ``an agency need not supplement an EIS every time new information
comes to light after the EIS is finalized. To require otherwise would
render agency decision making intractable.'' Marsh v. Oregon Nat. Res.
Council, 490 U.S. 360, 373 (1989). On the other hand, if a major
Federal action remains to occur, and if new information indicates that
the remaining action will affect the quality of the human environment
in a significant manner or to a significant extent not already
considered, an SEIS must be prepared. Ultimately, an agency is required
``to take a `hard look' at the new information to assess whether
supplementation might be necessary.'' Norton v. S. Utah Wilderness
All., 542 U.S. 55, 72-73 (2004).
NEPA implementing regulations at Sec. 1502.9(d)(4) stipulate that
an agency may find that changes to the proposed action are not
substantial or new circumstances or information relevant to
environmental concerns are not significant and therefore do not require
a supplement to an EIS. As stipulated under 40 CFR 1507.3 and NOAA
Administrative Order 216-6A, NOAA's NEPA procedures are found in the
Policy and Procedures for Compliance with the National Environmental
Policy Act and Related Authorities (Companion Manual). Appendix C of
the Companion Manual authorizes the use of a Supplementary Information
Report (SIR) to document a review of new information or circumstances
that differ from that described in an existing NEPA document to
determine the sufficiency of the existing analysis and subsequent
decision. The SIR contains the rationale for and decision regarding
whether new information or circumstances or changes to the action are
significant and thus whether an SEIS is required. The SIR also looks at
reasonably foreseeable future actions to gauge whether a future action,
individually or cumulatively, could cause a substantial change in the
action or represent significant new circumstances or new information
that would require an SEIS in the future.
A SIR for the Final EIS is prepared each year to document the
evaluation and decision whether an SEIS is necessary to implement the
annual groundfish harvest specifications. The SIR analyzes the
information contained in the most recent SAFE reports and all
information available to NMFS and the Council to determine whether an
SEIS should be prepared. The SAFE reports represent the best scientific
information available for the harvest specifications. Included in the
SAFE reports are the groundfish stock assessments, the website for the
ESR for the SAFE reports, and the website for the Economic Status
Report for the SAFE reports. To date, no annual SIR to the EIS has
concluded that an SEIS is necessary. This is largely due to the
flexibility built into the process and the alternatives evaluated
(particularly the preferred harvest strategy as implemented) in the
Final EIS. That inherent flexibility allows for the implementation of
annual harvest specifications that reflect new information and changing
circumstances.
The preferred harvest strategy analyzed in the Final EIS
anticipated that changes in information would be used each year in
setting the annual harvest specification since the process is flexible
to adjust to new information on stock abundance and environmental and
socioeconomic factors (like climate change). Similarly, the FMP
contemplates ongoing consideration of relevant factors through the
development of SAFE reports (Section

[[Page 14950]]

3.2.2.2 of the FMP). The use of new information from the SAFE reports
allows the Council and NMFS to respond to changes in stock condition
and environmental and socioeconomic factors in the BSAI and to adjust
the harvest specifications as necessary, which is consistent with the
preferred harvest strategy from the Final EIS and the FMP and which is
consistent with National Standard 2 of the Magnuson-Stevens Act to use
the best scientific information available (16 U.S.C. 1851(a)(2)).
Separate from the Final EIS, the Council and NMFS prepared the
Alaska Groundfish Programmatic Supplemental Environmental Impact
Statement (PSEIS). The Council is currently considering approaches,
such as a programmatic EIS, to provide a comprehensive analysis of the
impacts of the Federal groundfish fisheries on the human environment,
with a view towards creating more climate-resilient Federal fisheries.
This has involved an ongoing discussion of the 2004 PSEIS. The scope
of, and changes from, the 2004 PSEIS are outside the scope of this
action.
Comment 7: The process of setting OFLs and ABCs does not account
for the viability of all species in the BSAI.
Response: The process of setting OFLs and ABCs is an expansive
process that accounts for the best scientific information available on
target species as well as ecosystem considerations like non-target
species. The SSC and the Council recommend OFLs and ABCs to prevent
overfishing as mandated in National Standard 1 of the MSA. The OFLs and
ABCs apply only to targets of directed fisheries. However, through
ecosystem considerations in both the ESR for the SAFE and the NEPA
process, impacts on a wider range of species is considered during the
harvest specification process. In addition, the setting of OFLs and
ABCs informs the setting of TACs since the TAC cannot exceed the ABC
for each species and species group. The sum of all TACs must fall
within the OY range. The OY is based on the management objectives of
the FMP, as well as relevant social, economic, and ecological factors
(Sec. 600.310(e)(3)). Ecological factors include ecosystem component
species, forage fish stocks, other fisheries, predator-prey or
competitive interactions, marine mammals, threatened or endangered
species, and birds. The FMP addresses how the OY for the BSAI
groundfish fishery reflects ecological factors (see, for example,
Section 3.2.2.2 and Section 4.6 of the FMP). In this way, the annual
harvest specifications process results in annual OFLs, ABCs, and TACs
that, although set for target species only, are based on consideration
of ecosystem and ecological factors, including species other than
target species. When possible, stock assessment models include
information on ecosystem and environmental effects to improve the
interpretation of historical information and the precision of
forecasts. NMFS is committed to supporting science and research to move
us toward effective ecosystem-based management. Developing additional
tools and approaches for incorporating ecosystem factors will allow us
to deal with the impacts of climate and other environmental change on
our marine species.
Comment 8: The Secretary of Commerce must minimize bycatch under
National Standard 9.
Response: National Standard 9 directs that conservation and
management measures shall, to the extent practicable, minimize bycatch.
The Council and NMFS develop and implement FMP amendments and
regulations for new bycatch reduction measures. The harvest
specifications set PSC, or bycatch, limits for salmon and crab based on
pre-existing frameworks set out in regulation; each of these earlier
actions establishing a PSC, or bycatch, limit considered and balanced
all the National Standards, including the direction to minimize bycatch
to the extent practicable. Specifying bycatch levels in the annual
harvest specifications consistent with the existing PSC regulations is
therefore consistent with National Standard 9.
Comment 9: Under National Standards 4 and 8, the Secretary must
allocate fishery resources fairly among fishermen and adopt
conservation and management measures that account for the importance of
fishery resources to communities. In the proposed harvest
specifications decision, the Secretary has not provided a sufficient
consideration of the ecological, economic, and social factors required
under National Standards 4 and 8.
Response: National Standard 4 states that conservation and
management measures shall not discriminate between residents of
different states (16 U.S.C. 1851(a)(4)). The harvest specifications do
not discriminate or differentiate among residents of different states.
The harvest specifications further implement annual allocations of
fishing privileges among fishermen. These allocations were implemented
in regulation through previous rulemakings that considered and balanced
all the National Standards, including National Standard 4. These
harvest specifications are therefore consistent with National Standard
4.
National Standard 8 states that conservation and management
measures shall take into account the importance of fishery resources to
fishing communities by utilizing economic and social data in order to:
(A) provide for the sustained participation of such communities, and
(B) to the extent practicable, minimize adverse economic impacts on
such communities (16 U.S.C. 1851(a)(8)). This is addressed in the
harvest specifications process at Sec. 679.20(a)(3)(ii). TACs are set
at or below ABCs to prevent overfishing. TACs are set within the OY
range, a range that the Council and NMFS determined will provide the
greatest overall benefit to the National with respect to food
production and in consideration of relevant economic and social
factors. The FMP's definition of OY recognized: ``1. The OY range is
not likely to have any significant detrimental impact on the industry.
On the contrary, specification of OY as a constant range helps to
create a stable management environment in which the industry can plan
its activities consistently, with an expectation that each year's total
groundfish catch will be at least 1.4 million mt. 2. The OY range
encompasses the annual catch levels taken in the period immediately
prior to its implementation, during which the fishery operated
profitably.'' TACs within this range will ensure the sustained
participation of fishing communities. As addressed in the response to
Comment 5, NMFS concurs with the Council's recommendation that TACs
fall within the upper bound (2 million mt) and that further reductions
are not necessary.
In addition, many of the conservation and management measures
effectuated through the annual harvest specifications were implemented
in prior rulemakings that are outside of the scope of the current
specification process to change. These would include allocations to
communities, use caps, and limits on bycatch, which are set in
regulation. These regulations created allocations, caps, and limits
that are addressed in the specification process and specified in the
annual specifications. The prior rulemakings on these conservation and
management measures considered and balanced all the National Standards,
including National Standard 8. The final harvest specifications are
therefore consistent with National Standard 8.
Comment 10: The current NEPA analysis supporting the groundfish
harvest specifications does not consider climate change.

[[Page 14951]]

Response: The Final EIS analyzed alternatives for an implementing
framework for the BSAI and GOA harvest strategy and evaluated the
potential effects of those alternatives on the human environment (see
response to Comment 6). The EIS examined existing physical and
oceanographic conditions in the BSAI and GOA, and addressed regime
shifts, warming and loss of sea ice, and acidification (Section 3.5 of
the Final EIS). Moreover, the framework process for the preferred
harvest strategy under the Final EIS allows for the effects of climate
change to be considered in the annual process for setting the harvest
specifications.
The annual ESR is part of the SAFE reports that the Council and its
Plan Teams, SSC, and AP annually review prior to the review of the
stock assessments and advancing recommendations of the annual OFLs,
ABCs, and TACs. Contributions to the ESR are developed by scientists
and fishery managers at NOAA, other U.S. Federal and State agencies,
academic institutions, tribes, nonprofits, and other sources. Ongoing
research incorporated into the ESR has increased our understanding of
the interactions among ecosystem components, including how they are
impacted by changing environmental conditions related to climate
change. The ESR, published each December, informs annual harvest
recommendations. The purpose of the ESR is to provide the Council,
scientific community, and the public with annual information about
ecosystem status and trends. Information from the report is integrated
into the annual harvest recommendations through inclusion in stock
assessment-specific risk tables and is considered during the annual
groundfish and crab Plan Team meetings and Council meetings. The target
audience for this report is the SSC to provide context for setting the
annual OFLs and ABCs, and for the Council's final TAC recommendations
for groundfish and crab. This report includes physical oceanography,
biological data, and socio-ecological dimensions, primarily collected
from Alaska Fisheries Science Center (AFSC) surveys with collaboration
from a range of government and non-government partners. There are many
examples of climate change considerations presented in the ESR, such as
reevaluating the importance of survey distribution of stocks like
Pacific cod and pollock based on water temperature.
In some instances, the Plan Teams and SSC have recommended ABC
reductions based on climate change considerations. Stock assessments
use a stock-assessment specific risk table that is applied by
evaluating the severity of four types of considerations that could be
used to support a scientific recommendation to reduce the ABC from the
maximum permissible ABC. The four considerations are assessment-
related, population dynamics, environmental/ecosystem, and fishery
performance. As one environmental/ecosystem consideration, scientists
noted for one stock that patterns in distribution, growth, and size
were associated with warmer ocean conditions and the cumulative effects
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