Proposed Rule2023-26707
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; Proposed 2024 and 2025 Harvest Specifications for Groundfish
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Published
December 5, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes 2024 and 2025 harvest specifications, apportionments, and prohibited species catch allowances for the groundfish fisheries of the Bering Sea and Aleutian Islands (BSAI) management area. This action is necessary to establish harvest limits for groundfish during the 2024 and 2025 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 2024 harvest specifications supersede those previously set in the final 2023 and 2024 harvest specifications, and the 2025 harvest specifications will be superseded in early 2025 when the final 2025 and 2026 harvest specifications are published. The intended effect of this action is to conserve and manage the groundfish resources in the BSAI in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
Full Text
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<title>Federal Register, Volume 88 Issue 232 (Tuesday, December 5, 2023)</title>
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[Federal Register Volume 88, Number 232 (Tuesday, December 5, 2023)]
[Proposed Rules]
[Pages 84278-84296]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26707]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 231130-0283; RTID 0648-XD454]
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands; Proposed 2024 and 2025 Harvest Specifications for
Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; harvest specifications and request for comments.
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SUMMARY: NMFS proposes 2024 and 2025 harvest specifications,
apportionments, and prohibited species catch allowances for the
groundfish fisheries of the Bering Sea and Aleutian Islands (BSAI)
management area. This action is necessary to establish harvest limits
for groundfish during the 2024 and 2025 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 2024
harvest specifications supersede those previously set in the final 2023
and 2024 harvest specifications, and the 2025 harvest specifications
will be superseded in early 2025 when the final 2025 and 2026 harvest
specifications are published. The intended effect of this action is to
conserve and manage the groundfish resources in the BSAI in accordance
with the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act).
DATES: Comments must be received by January 4, 2024.
ADDRESSES: Submit your comments, identified by NOAA-NMFS-2023-0124, by
either of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter NOAA-NMFS-2023-0124 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
<bullet> Mail: Submit written comments to Gretchen Harrington,
Assistant Regional Administrator, Sustainable Fisheries Division,
Alaska Region NMFS, Attn: Records Office. Mail comments to P.O. Box
21668, Juneau, AK 99802-1668.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record, and NMFS will post the comments for public viewing on
<a href="https://www.regulations.gov">https://www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender is publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Electronic copies of the Alaska Groundfish Harvest Specifications
Final Environmental Impact Statement (Final EIS), Record of Decision
(ROD) for the Final EIS, and the annual Supplementary Information
Reports (SIR) to the Final EIS prepared for this action are available
from <a href="https://www.regulations.gov">https://www.regulations.gov</a>. An updated 2024 SIR for the final
2024 and 2025 harvest specifications will be available from the same
source. The final 2022 Stock Assessment and Fishery Evaluation (SAFE)
report for the groundfish resources of the BSAI, dated November 2022,
is available from the North Pacific Fishery Management Council
(Council) at 1007 West 3rd Ave., Suite 400, Anchorage, Alaska 99501,
phone 907-271-2809, or from the Council's website at <a href="https://www.npfmc.org/">https://www.npfmc.org/</a>. The 2023 SAFE report for the BSAI will be available
from the same source.
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Background
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, pursuant to the Magnuson-Stevens Act. General
regulations governing U.S. fisheries also appear at 50 CFR part 600.
The FMP and its implementing regulations require that NMFS, after
consultation with the North Pacific Fishery Management Council
(Council), specify annually the total allowable catch (TAC) for each
target species category. The sum of TACs for all groundfish species in
the BSAI must be within the optimum yield (OY) range of 1.4 million to
2.0 million metric tons (mt) (see Sec. Sec. 679.20(a)(1)(i)(A) and
679.20(a)(2)). Section 679.20(c)(1) further requires that NMFS publish
proposed harvest specifications in the Federal Register and solicit
public comments on proposed annual TACs for each target species and
apportionments thereof; prohibited species catch (PSC) allowances;
prohibited species quota (PSQ) reserves established by Sec. 679.21;
seasonal allowances of pollock, Pacific cod, and Atka mackerel TAC;
American Fisheries Act allocations; Amendment 80 allocations; Community
Development Quota (CDQ) reserve amounts established by Sec.
679.20(b)(1)(ii); and acceptable biological catch (ABC) surpluses and
reserves for CDQ groups and Amendment 80 cooperatives for flathead
sole, rock sole, and yellowfin sole. The proposed harvest
specifications set forth in Tables 1-16 of this action satisfy these
requirements.
Under Sec. 679.20(c)(3), NMFS will publish the final 2024 and 2025
harvest specifications after (1) considering comments received within
the comment period (see DATES), (2) consulting with the Council at its
December 2023 meeting, (3) considering information presented in the
2024 SIR to the Final EIS that assesses the need to prepare a
Supplemental EIS (see ADDRESSES), and (4) considering information
presented in the final 2023 SAFE report prepared for the 2024 and 2025
groundfish fisheries.
Other Actions Affecting or Potentially Affecting the 2024 and 2025
Harvest Specifications
Halibut Abundance-Based Management for the Amendment 80 Program PSC
Limit
On December 9, 2022, NMFS published a proposed rule associated with
Amendment 123 to the FMP (87 FR 75570), which would establish
abundance-based management of
[[Page 84279]]
Amendment 80 Program PSC for Pacific halibut. Upon publication of the
final rule associated with Amendment 123 (publication is pending in
November 2023), the regulations implementing Amendment 123 will 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 (IPHC) setline survey index
and the NMFS Alaska Fisheries Science Center (AFSC) Eastern Bering Sea
shelf trawl survey index. The annual process uses a table with pre-
established halibut abundance ranges from those surveys. The annual
Amendment 80 sector halibut PSC limit will be set at the value found at
the intercept of the results from the most recent survey indices. NMFS
will calculate the Amendment 80 sector halibut PSC limit, as well as
the total halibut PSC limit, in the final 2024 and 2025 harvest
specifications.
Pacific Cod Trawl Cooperative Limited Access Privilege Program
On August 8, 2023, NMFS published a final rule to implement
Amendment 122 to the FMP (88 FR 53704, effective September 7, 2023)
(see also a correction published at 88 FR 57009, August 22, 2023). The
final rule establishes a limited access privilege program called the
Pacific Cod Trawl Cooperative (PCTC) Program. The PCTC Program
allocates Pacific cod 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 are required to join
cooperatives annually. Cooperatives are allocated the BSAI trawl
catcher vessel sector's A and B seasons Pacific cod allocation as an
exclusive harvest privilege in the form of cooperative quota,
equivalent to the aggregate QS of all cooperative members. Amendment
122 also reduces the halibut and crab PSC limits for the BSAI trawl
catcher vessel (CV) Pacific cod fishery.
Accordingly, Amendment 122 and its implementing regulations affect
the calculation of the BSAI trawl CV sector allocation of Pacific cod
(discussed in a subsequent section of this rule titled Allocation of
the Pacific Cod TAC) and the BSAI trawl limited access sector crab and
halibut PSC limits (discussed in a subsequent section of this rule
titled Proposed PSC Limits for Halibut, Salmon, Crab, and Herring).
Amendment 122 also removed the regulations at Sec. 679.20(a)(7)(viii)
for Amendment 113 to the FMP because the U.S. District Court for the
District of Columbia vacated the rule implementing Amendment 113
(Groundfish Forum v. Ross, 375 F.Supp.3d 72 (D.D.C. 2019)).
State of Alaska Guideline Harvest Levels
For 2024 and 2025, 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 subarea (AI) State-waters sablefish
registration area that includes all State waters west of Scotch Cap
Light (164[deg]44.72' W longitude) and south of Cape Sarichef
(54[deg]36' N latitude). The 2024 AI GHL is set at 5 percent of the
combined proposed 2024 Bering Sea (BS) subarea and AI ABC (1,025 mt).
The State's AI sablefish registration area includes areas adjacent to
parts of the Federal BS subarea. Since most of the State's 2024 and
2025 GHL sablefish fishery is expected to occur in State waters
adjacent to the Federal BS subarea, the Council and its BSAI Groundfish
Plan Team (Plan Team), Scientific and Statistical Committee (SSC), and
Advisory Panel (AP) recommended that the sum of all State and Federal
sablefish removals from the BS and AI not exceed the proposed ABC
recommendations for sablefish in the BS and AI.
Accordingly, the Council recommended, and NMFS proposes, that the
2024 and 2025 sablefish TACs in the BS and AI account for the State's
GHLs for sablefish caught in State waters.
For 2024 and 2025, 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. The BS GHL will increase by one percent
if 90 percent of the GHL is harvested by November 15 of the preceding
year for two consecutive years but may not exceed 15 percent of the BS
ABC. If 90 percent of the GHL is not harvested by November 15 of the
preceding year for two consecutive years, the GHL will decrease by 1
percent, but the GHL may not decrease below 10 percent of the BS ABC.
Based on harvest in 2022 and 2023, the GHL likely will remain at 12
percent in 2024. NMFS will account for any adjustment to the GHL in the
final 2024 and 2025 harvest specifications. For 2024 and 2025, 12
percent of the proposed BS ABC is 16,819 mt. Also, for 2024 and 2025,
the BOF established an additional GHL for vessels using jig gear in
State waters in the BS equal to 45 mt of Pacific cod in the BS. The
Council and its Plan Team, SSC, and AP recommended that the sum of all
State and Federal waters Pacific cod removals from the BS not exceed
the ABC recommendations for Pacific cod in the BS. Accordingly, the
Council recommended, and NMFS proposes, that the 2024 and 2025 Pacific
cod TACs in the BS account for the State's GHLs (total 16,864 mt) for
Pacific cod caught in State waters in the BS.
For 2024 and 2025, the BOF for the State established the GHL in
State waters in the AI be 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 (lbs) (6,804 mt).
If 90 percent of the GHL is not harvested by November 15 of the
preceding year for two consecutive years, the GHL will decrease by 4
percent, but the GHL may not decrease below 15 percent of the AI ABC.
Based on harvest in 2022 and 2023, the GHL likely will decrease to 35
percent in 2024. NMFS will account for any adjustment to the GHL in the
final 2024 and 2025 harvest specifications. For 2024 and 2025, 39
percent of the proposed AI ABC is 5,387 mt. The Council and its Plan
Team, SSC, and AP recommended that the sum of all State and Federal
Pacific cod removals from the AI not exceed the ABC recommendations for
Pacific cod in the AI.
Accordingly, the Council recommended, and NMFS proposes, that the
2024 and 2025 Pacific cod TACs in the AI account for the State's GHL
for Pacific cod caught in State waters in the AI.
Proposed ABC and TAC Harvest Specifications
In October 2023, the Council's SSC, its AP, and the Council
reviewed the most recent biological and harvest information on the
condition of the BSAI groundfish stocks. The Plan Team compiled and
presented this information in the final 2022 SAFE report for the BSAI
groundfish fisheries, dated November 2022 (see ADDRESSES). The final
2023 SAFE report, including individual stock assessments, will be
available from the same source and from <a href="https://www.fisheries.noaa.gov/alaska/population-assessments/north-pacific-groundfish-stock-assessment-and-fishery-evaluation">https://www.fisheries.noaa.gov/alaska/population-assessments/north-pacific-groundfish-stock-assessment-and-fishery-evaluation</a>.
The proposed 2024 and 2025 harvest specifications are based on the
final 2024 harvest specifications published in March 2023 (88 FR 14926,
March 10, 2023), which were set after consideration of the most recent
2022
[[Page 84280]]
SAFE report and are based on the initial survey data that were
presented at the September 2023 Plan Team meeting. The SAFE report
contains a review of the latest scientific analyses and estimates of
each species' biomass and other biological parameters including
possible future condition of the stocks, as well as summaries of the
available information on the BS and AI ecosystems and the economic
condition of the groundfish fisheries off Alaska. The SAFE report
provides information to the Council and NMFS for recommending and
setting, respectively, annual harvest levels for each stock,
documenting significant trends or changes in the resource, marine
ecosystems, and fisheries over time, and assessing the relative success
of existing Federal fishery management programs. An appendix to the
SAFE report is the Ecosystem Status Reports (ESRs). The ESRs compile
and summarize information about the status of the Alaska marine
ecosystems for the SSC, AP, Council, NMFS, and the public, and they are
updated annually. These ESRs include ecosystem report cards, ecosystem
assessments, and ecosystem status indicators (i.e., climate indices,
sea surface temperature), which together provide context for ecosystem-
based fisheries management in Alaska. The ESRs inform stock assessments
and are integrated in the annual harvest recommendations through
inclusion in stock assessment-specific risk tables. Also, the ESRs
provide context for the SSC's recommendations for overfishing levels
(OFL) and ABCs, as well as for the Council's TAC recommendations. The
SAFE reports and the ESRs are presented at the October and December
Council meetings before the SSC, AP, and the Council make groundfish
harvest recommendations and aid NMFS in implementing these annual
groundfish harvest specifications.
In addition to the 2022 SAFE report, the Plan Team, SSC, and
Council also reviewed preliminary survey data from 2023 surveys,
updates on ecological and socioeconomic profiles for certain species,
and summaries of potential changes to models and methodologies. From
these data and analyses, the Plan Team recommends, and the SSC sets,
the proposed OFL and ABC for each species and species group. The
proposed 2024 and 2025 harvest specifications in this action are
subject to change in the final harvest specifications to be published
by NMFS following the Council's December 2023 meeting.
In November 2023, the Plan Team will update the 2022 SAFE report to
include new information collected during 2023, such as NMFS stock
surveys, revised stock assessments, and catch data. The Plan Team will
compile this information and present the draft 2023 SAFE report at the
December 2023 Council meeting. At that meeting, the SSC and the Council
will review the 2023 SAFE report, and the Council will approve the 2023
SAFE report. The Council will consider information in the 2023 SAFE
report, recommendations from the November 2023 Plan Team meeting and
December 2023 SSC and AP meetings, public testimony, and relevant
written comments in making its recommendations for the final 2024 and
2025 harvest specifications. Pursuant to Sec. 679.20(a)(2) and (3),
the Council could recommend adjusting the final TACs if warranted based
on the biological condition of groundfish stocks or a variety of
socioeconomic considerations, or if required to cause the sum of TACs
to fall within the OY range.
Potential Changes Between Proposed and Final Specifications
In previous years, the most significant changes (relative to the
amount of assessed tonnage of fish) to the OFLs and ABCs from the
proposed to the final harvest specifications have been based on the
most recent NMFS stock surveys. These surveys provide updated estimates
of stock biomass and spatial distribution and inform changes to the
models or the models' results used for producing stock assessments. Any
changes to models used in stock assessments will be recommended by the
Plan Team in November 2023, reviewed by the SSC in December 2023, and
then included in the final 2023 SAFE report. Model changes can result
in changes to final OFLs, ABCs, and TACs. The final 2023 SAFE report
will include the most recent information (e.g., catch data).
The final harvest specification amounts for these stocks are not
expected to significantly vary from these proposed harvest
specification amounts. If the 2023 SAFE report indicates that the stock
biomass trend is increasing for a species, then the final 2024 and 2025
harvest specifications may reflect an increase from the proposed
harvest specifications. Conversely, if the 2023 SAFE report indicates
that the stock biomass trend is decreasing for a species, then the
final 2024 and 2025 harvest specifications may reflect a decrease from
the proposed harvest specifications. In addition to changes driven by
biomass trends, there may be changes in TACs due to the sum of ABCs
exceeding 2 million mt. Since the regulations require the sum of all
TACs to be set to an OY between 1.4 and 2 million mt, the Council may
be required to recommend TACs that are lower than the ABCs recommended
by the Plan Team and the SSC, if setting all TACs equal to ABCs would
cause the sum of TACs to exceed an OY of 2 million mt. Generally, total
ABCs greatly exceed 2 million mt in years with a large pollock biomass.
For both 2024 and 2025, NMFS anticipates that the sum of the final ABCs
will exceed 2 million mt. Historically, the sum of the final TACs has
been close to or equal to 2 million mt.
The proposed 2024 and 2025 OFLs and ABCs are based on the best
available biological and scientific information, including projected
biomass trends, information on assumed distribution of stock biomass,
and revised technical methods used to calculate stock biomass. The FMP
specifies a series of six tiers to define OFLs and ABCs based on the
level of reliable information available to fishery scientists. Tier 1
represents the highest level of information quality available, while
Tier 6 represents the lowest. The proposed 2024 and 2025 TACs are based
on the best available biological and socioeconomic information.
In October 2023, the SSC adopted the proposed 2024 and 2025 OFLs
and ABCs recommended by the Plan Team for all groundfish. In making its
recommendations, the Council adopted the SSC's OFL and ABC
recommendations. The OFL and ABC amounts are unchanged from the final
2024 harvest specifications published in the Federal Register on March
10, 2023 (88 FR 14926) (see also a correction at 88 FR 18258, March 28,
2023). The sum of the proposed 2024 and 2025 ABCs for all assessed
groundfish is 3,569,366 mt. The sum of the proposed TACs is 2,000,000
mt.
Specification and Apportionment of TAC Amounts
The Council recommended proposed 2024 and 2025 TACs that are equal
to the proposed ABCs for 2024 and 2025 BS and AI Greenland turbot, BSAI
Kamchatka flounder, Central AI Atka mackerel, BS Pacific ocean perch,
Central AI Pacific ocean perch, Eastern AI Pacific ocean perch, BS and
Eastern AI (BS/EAI) blackspotted and rougheye rockfish, Central AI and
Western AI blackspotted and rougheye rockfish, BS and AI shortraker
rockfish, and BS and AI ``other rockfish.'' The Council recommended
proposed TACs less than the respective proposed ABCs for all other
species. TACs for some species are reduced so that the overall TAC does
not exceed the BSAI OY.
[[Page 84281]]
The proposed groundfish OFLs, ABCs, and TACs are subject to change
pending the completion of the final 2023 SAFE report, public comment,
and the Council's recommendations for the final 2024 and 2025 harvest
specifications during its December 2023 meeting. These proposed amounts
are consistent with the biological condition of groundfish stocks as
described in the 2022 SAFE report. The proposed ABCs reflect harvest
amounts that are less than the specified overfishing levels. The
proposed TACs have been adjusted for other biological information and
socioeconomic considerations, including maintaining the entire TAC
within the required OY range. Pursuant to Section 3.2.3.4.1 of the FMP,
the Council could recommend adjusting the final TACs ``if warranted on
the basis of bycatch considerations, management uncertainty, or
socioeconomic considerations; or if required in order to cause the sum
of the TACs to fall within the OY range.'' Table 1 lists the proposed
2024 and 2025 OFL, ABC, TAC, initial TAC (ITAC), and CDQ amounts for
groundfish for the BSAI. The proposed apportionment of TAC amounts
among fisheries and seasons is discussed below.
Table 1--Proposed 2024 and 2025 Overfishing Level (OFL), Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), and CDQ
Reserve Allocation of Groundfish in the BSAI \1\
[Amounts are in metric tons]
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Proposed 2024 and 2025
--------------------------------------------------------------------------------
Species Area Nonspecified
OFL ABC TAC ITAC \2\ CDQ 3 4 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 1,330 363
AI............................ n/a 10,308 9,793 2,081 1,653 184
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 rockfish \10\... BSAI.......................... 763 570 570 485 ........... 86
BS/EAI........................ n/a 388 388 330 ........... 58
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
Octopuses.............................. BSAI.......................... 4,769 3,576 400 340 ........... 60
--------------------------------------------------------------------------------
Total.............................. BSAI.......................... 6,219,700 3,569,366 2,000,000 1,779,703 196,622 13,929
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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 the Amendment 80 species (Atka mackerel, flathead sole, rock sole,
yellowfin sole, Pacific cod, and Aleutian Islands (AI) Pacific ocean perch), 15 percent of each TAC is put into a nonspecified reserve. The ITAC for
these species is the remainder of the TAC after subtraction of the reserves. For pollock and Amendment 80 species, ITAC is the non-CDQ allocation of
TAC (see footnote 3 and 4).
\3\ For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and AI Pacific ocean perch), 10.7 percent of the
TAC is reserved for use by CDQ participants (see Sec. 679.20(b)(1)(ii)(C)). Twenty percent of the sablefish TAC allocated to fixed gear, 7.5 percent
of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for BS Greenland turbot and BSAI arrowtooth flounder are reserved for use
by CDQ participants (see Sec. 679.20(b)(1)(ii)(B) and (D)). The 2025 fixed gear portion of the sablefish ITAC and CDQ reserve will not be specified
until the final 2025 and 2026 harvest specifications. AI Greenland turbot, ``other flatfish,'' Alaska plaice, BS Pacific ocean perch, Kamchatka
flounder, northern rockfish, shortraker rockfish, blackspotted and rougheye rockfish, ``other rockfish,'' skates, sharks, and octopuses are not
allocated to the CDQ Program.
\4\ Under Sec. 679.20(a)(5)(i)(A), the annual BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second
for the incidental catch allowance (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. Section 679.20(a)(5)(iii)(B)(1) requires the AI pollock TAC to be set at 19,000 mt when the AI
pollock ABC equals or exceeds 19,000 mt. Under Sec. 679.20(a)(5)(iii)(B)(2), the annual AI pollock TAC, after subtracting first for the CDQ directed
fishing allowance (10 percent) and second for the incidental catch allowance (3,420 mt), is allocated to the Aleut Corporation for a pollock directed
fishery. The Bogoslof pollock TAC is set to accommodate incidental catch amounts.
\5\ The proposed BS Pacific cod TAC is set to account for 12 percent, plus 45 mt, of the BS ABC for the State of Alaska's (State) guideline harvest
level in State waters of the BS. The proposed AI Pacific cod TAC is set to account for 39 percent (5,387 mt) 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).
[[Page 84282]]
\8\ ``Flathead sole'' includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
\9\ ``Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole,
Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
\10\ ``Blackspotted/Rougheye rockfish'' includes Sebastes melanostictus (blackspotted) and Sebastes aleutianus (rougheye).
\11\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, dark rockfish, northern rockfish, shortraker
rockfish, and blackspotted/rougheye rockfish.
Note: Regulatory areas and districts are defined at Sec. 679.2 (BSAI = Bering Sea and Aleutian Islands management area, BS = Bering Sea subarea, AI =
Aleutian Islands subarea, EAI = Eastern Aleutian district, CAI = Central Aleutian district, WAI = Western Aleutian district.)
Groundfish Reserves and the Incidental Catch Allowance (ICA) for
Pollock, Atka Mackerel, Flathead Sole, Rock Sole, Yellowfin Sole, and
AI Pacific Ocean Perch
Section 679.20(b)(1)(i) requires NMFS to reserve 15 percent of the
TAC for each target species category (except for pollock, fixed gear
allocation of sablefish, and Amendment 80 species) in a nonspecified
reserve. Section 679.20(b)(1)(ii)(B) requires that NMFS allocate 20
percent of the fixed gear allocation of sablefish to the fixed gear
sablefish CDQ reserve for each subarea. Section 679.20(b)(1)(ii)(D)
requires that NMFS allocate 7.5 percent of the trawl gear allocation of
sablefish for each subarea and 10.7 percent of BS Greenland turbot and
BSAI arrowtooth flounder TACs to the respective CDQ reserves. Section
679.20(b)(1)(ii)(C) requires that NMFS allocate 10.7 percent of the
TACs for Atka mackerel, AI Pacific ocean perch, yellowfin sole, rock
sole, flathead sole, and Pacific cod (the Amendment 80 allocated
species) to the respective CDQ reserves.
Sections 679.20(a)(5)(i)(A) and 679.31(a) require allocation of 10
percent of the BS pollock TAC to the pollock CDQ directed fishing
allowance (DFA). Sections 679.20(a)(5)(iii)(B)(2)(i) and 679.31(a)
require 10 percent of the AI pollock TAC be allocated to the pollock
CDQ DFA. The entire Bogoslof District pollock TAC is allocated as an
incidental catch allowance (ICA) pursuant to Sec. 679.20(a)(5)(ii)
because the Bogoslof District is closed to directed fishing for pollock
by regulation (Sec. 679.22(a)(7)(B)). With the exception of the fixed
gear sablefish CDQ reserve, the regulations do not further apportion
the CDQ reserves by gear.
Pursuant to Sec. 679.20(a)(5)(i)(A)(1), NMFS proposes a pollock
ICA of 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
incidentally retained and discarded catch, including the incidental
catch by CDQ vessels, in target fisheries other than pollock from 2000
through 2023. During this 24-year period, the pollock incidental catch
ranged from a low of 2.2 percent in 2006 to a high of 4.6 percent in
2014, with a 23-year average of 3 percent. Pursuant to Sec.
679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS proposes a pollock ICA of 20
percent or 3,420 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 2023.
During this 21-year period, the incidental catch of pollock ranged from
a low of 5 percent in 2015 to a high of 20 percent in 2023, with a 10-
year average of 12 percent in the most recent ten years.
After subtracting the 10.7 percent CDQ reserve and pursuant to
Sec. 679.20(a)(8) and (10), NMFS proposes ICAs of 3,000 mt of flathead
sole, 6,000 mt of rock sole, 4,000 mt of yellowfin sole, 10 mt of
Western Aleutian district Pacific ocean perch, 60 mt of Central
Aleutian district Pacific ocean perch, 100 mt of Eastern Aleutian
district Pacific ocean perch, 20 mt of Western Aleutian district Atka
mackerel, 75 mt of Central Aleutian district Atka mackerel, and 800 mt
of Eastern Aleutian district and BS Atka mackerel. These ICAs are based
on NMFS's examination of the incidental catch in other target fisheries
from 2003 through 2023.
The regulations do not designate the remainder of the nonspecified
reserve by species or species group. Any amount of the reserve may be
apportioned to a target species that contributed to the nonspecified
reserve during the year, provided that such apportionments are
consistent with Sec. 679.20(a)(3) and do not result in overfishing
(see Sec. 679.20(b)(1)(i)). In the final 2024 and 2025 harvest
specifications, NMFS will evaluate whether any apportionments are
necessary and may apportion from the nonspecified reserve to increase
the ITAC for any target species that contributed to the reserve.
Allocations of Pollock TAC Under the American Fisheries Act (AFA)
Section 679.20(a)(5)(i)(A) requires that BS pollock TAC be
apportioned as a DFA, after subtracting 10 percent for the CDQ Program
and 50,000 for the ICA, as follows: 50 percent to the inshore sector,
40 percent to the catcher/processor (CP) sector, and 10 percent to the
mothership sector. In the BS, 45 percent of the DFAs are allocated to
the A season (January 20 to June 10), and 55 percent of the DFAs are
allocated to the B season (June 10 to November 1) (Sec. Sec.
679.20(a)(5)(i)(B)(1) and 679.23(e)(2)). The AI directed pollock
fishery allocation to the Aleut Corporation is the amount of pollock
TAC remaining in the AI after subtracting 1,900 mt for the CDQ DFA (10
percent), and 3,420 mt for the ICA (Sec. 679.20(a)(5)(iii)(B)(2)). In
the AI, the total A season apportionment of the pollock TAC (including
the AI directed fishery allocation, the CDQ DFA, and the ICA) may not
exceed 40 percent of the ABC for AI pollock, and the remainder of the
pollock TAC is allocated to the B season (Sec.
679.20(a)(5)(iii)(B)(3)). Table 2 lists these proposed 2024 and 2025
amounts. Within any fishing year, any under harvest or over harvest of
a seasonal allowance may be added to or subtracted from a subsequent
seasonal allowance (Sec. Sec. 679.20(a)(5)(i)(B)(2) and
679.20(a)(5)(iii)(B)(3)(iii)).
Section 679.20(a)(5)(iii)(B)(6) sets harvest limits for pollock in
the A season (January 20 to June 10) in Areas 543, 542, and 541. In
Area 543, the A season pollock harvest limit is no more than 5 percent
of the AI pollock ABC. In Area 542, the A season pollock harvest limit
is no more than 15 percent of the AI pollock ABC. In Area 541, the A
season pollock harvest limit is no more than 30 percent of the AI
pollock ABC.
Section 679.20(a)(5)(i)(A)(4) includes several specific
requirements regarding BS pollock allocations. First, it requires that
8.5 percent of the pollock allocated to the CP sector be available for
harvest by American Fisheries Act (AFA) CVs with CP sector
endorsements, unless the Regional Administrator receives a cooperative
contract that allows the distribution of harvest among AFA CPs and AFA
CVs in a manner agreed to by all members. Second, AFA CPs not listed in
the AFA are limited to harvesting no more than 0.5 percent of the
pollock allocated to the CP sector. Table 2 lists the proposed 2024 and
2025 allocations of pollock TAC. Tables 14, 15, and 16 list the AFA CP
and CV harvesting sideboard limits. The BS inshore pollock cooperative
and open access sector allocations are based on the submission of AFA
inshore cooperative applications due to NMFS on December 1 of each
calendar year. Because AFA inshore cooperative
[[Page 84283]]
applications for 2024 have not been submitted to NMFS, and NMFS
therefore cannot calculate 2024 allocations, NMFS has not included
inshore cooperative tables in these proposed harvest specifications.
NMFS will post the 2024 AFA inshore pollock cooperative and open access
sector allocations on the Alaska Region website at <a href="https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports">https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports</a> prior to the start of the fishing year on January 1,
2024, based on the harvest specifications effective on that date.
Table 2 lists proposed seasonal apportionments of pollock and
harvest limits within the Steller Sea Lion Conservation Area (SCA). The
harvest of pollock within the SCA, as defined at Sec.
679.22(a)(7)(vii), is limited to no more than 28 percent of the annual
pollock DFA before 12 p.m. (noon), April 1, as provided in Sec.
679.20(a)(5)(i)(C). The A season pollock SCA harvest limit will be
apportioned to each sector in proportion to each sector's allocated
percentage of the DFA.
Table 2--Proposed 2024 and 2025 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ
Directed Fishing Allowances (DFA) \1\
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
A season \1\ B season
----------------------------- \1\
Area and sector 2024 and 2025 ------------
Allocations A season SCA harvest B season
DFA limit \2\ DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC............................... 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 DFA (non-CDQ)....................... 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......................... 19,000 n/a n/a n/a
CDQ DFA.............................................. 1,900 1,894 n/a 6
ICA.................................................. 3,420 1,710 n/a 1,710
Aleut Corporation.................................... 13,680 13,633 n/a 47
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
Bogoslof District ICA \8\............................ 300 n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the annual Bering Sea subarea pollock TAC, after subtracting the CDQ
DFA (10 percent) and the ICA (50,000 mt), is allocated as a DFA as follows: inshore sector--50 percent,
catcher/processor sector (CPs)--40 percent, and mothership sector--10 percent. In the Bering Sea subarea, 45
percent of the DFA and CDQ DFA are allocated to the A season (January 20-June 10) and 55 percent of the DFA
and CDQ DFA are allocated to the B season (June 10-November 1). Pursuant to Sec. 679.20(a)(5)(iii)(B)(2),
the annual Aleutian Islands subarea pollock TAC, after subtracting first for the CDQ DFA (10 percent) and
second for the ICA (3,420 mt), is allocated to the Aleut Corporation for a directed pollock fishery. In the
Aleutian Islands subarea, the A season is allocated up to 40 percent of the AI pollock ABC.
\2\ In the Bering Sea subarea, pursuant to Sec. 679.20(a)(5)(i)(C), no more than 28 percent of each sector's
annual DFA may be taken from the SCA before noon, April 1. The SCA is defined at Sec. 679.22(a)(7)(vii).
\3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), 8.5 percent of the DFA allocated to listed CPs shall be available
for harvest only by eligible catcher vessels with a CP endorsement delivering to listed CPs, unless there is a
cooperative contract for the year.
\4\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted CPs are limited to harvesting not more than
0.5 percent of the C/P sector's allocation of pollock.
\5\ Pursuant to Sec. 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
percent of the sum of the non-CDQ pollock DFAs.
\6\ Pursuant to Sec. 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30
percent of the sum of the non-CDQ pollock DFAs.
\7\ Pursuant to Sec. 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
Area 541 no more than 30 percent, in Area 542 no more than 15 percent, and in Area 543 no more than 5 percent
of the Aleutian Islands pollock ABC.
\8\ Pursuant to Sec. 679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The
amounts specified are 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 (table 3). The
percentage of the ITAC for Atka mackerel allocated to the Amendment 80
and BSAI trawl limited access sectors is listed in table 33 to 50 CFR
part 679 and in Sec. 679.91. Pursuant to Sec. 679.20(a)(8)(i), up to
2 percent of the Eastern Aleutian district and BS subarea Atka mackerel
TAC may be allocated to vessels using jig gear. The percent of this
allocation is recommended annually by the Council based on several
criteria, including the anticipated harvest capacity of the jig gear
fleet. The Council recommended, and NMFS proposes, a 0.5 percent
allocation of the Atka mackerel TAC in the Eastern Aleutian district
and BS subarea to the jig sector gear in 2024 and 2025.
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
[[Page 84284]]
seasonal allowance for directed fishing with trawl gear from January 20
through June 10 (A season), and the second seasonal allowance from June
10 through December 31 (B season). Section 679.23(e)(4)(iii) applies
Atka mackerel seasons to trawl CDQ Atka mackerel fishing. Within any
fishing year, any under harvest or over harvest of a seasonal allowance
may be added to or subtracted from a subsequent seasonal allowance
(Sec. 679.20(a)(8)(ii)(B)). The ICA and jig gear allocations are not
apportioned by season.
Sections 679.20(a)(8)(ii)(C)(1)(i) and (ii) limit Atka mackerel
catch within waters 0 nautical miles (nmi) to 20 nmi of Steller sea
lion sites listed in table 6 to 50 CFR part 679 and located west of
178[deg] W longitude to no more than 60 percent of the annual TACs in
Areas 542 and 543, and equally divides that annual harvest limit
between the A and B seasons as defined at Sec. 679.23(e)(3). Section
679.20(a)(8)(ii)(C)(2) requires that the annual TAC in Area 543 will be
no more than 65 percent of the ABC in Area 543. Section
679.20(a)(8)(ii)(D) requires that any unharvested Atka mackerel A
season allowance that is added to the B season be prohibited from being
harvested within waters 0-20 nmi of Steller sea lion sites listed in
table 6 to 50 CFR part 679 and located in Areas 541, 542, and 543.
Table 3 lists the proposed 2024 and 2025 Atka mackerel season
allowances, area allowances, and the sector allocations. One Amendment
80 cooperative has been formed for the 2024 fishing year. Because all
Amendment 80 vessels are part of the sole cooperative, no allocation to
the Amendment 80 limited access sector is required for 2024. The 2025
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,
2024. NMFS will post the 2025 Amendment 80 cooperatives and Amendment
80 limited access sector allocations on the Alaska Region website at
<a href="https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska">https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska</a> prior to the start of the fishing year on
January 1, 2025, based on the harvest specifications effective on that
date.
Table 3--Proposed 2024 and 2025 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch
Allowance (ICA), and Amendment 80 Allocations of the BSAI Atka Mackerel TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2024 and 2025 Allocation by area
-----------------------------------------------------------
Sector \1\ Season 2 3 4 Eastern Aleutian
district/Bering Central Aleutian Western Aleutian
Sea district \5\ district \5\
----------------------------------------------------------------------------------------------------------------
TAC............................. n/a............... 30,000 15,218 21,637
CDQ reserve..................... Total............. 3,210 1,628 2,315
A................. 1,605 814 1,158
Critical habitat n/a 488 695
\5\.
B................. 1,605 814 1,158
Critical habitat n/a 488 695
\5\.
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 habitat n/a 405 ..................
\5\.
B................. 1,293 676 ..................
Critical habitat n/a 405 ..................
\5\.
Amendment 80 \7\................ Total............. 23,274 12,163 19,302
A................. 11,637 6,082 9,651
Critical habitat n/a 3,649 5,791
\5\.
B................. 11,637 6,082 9,651
Critical habitat n/a 3,649 5,791
\5\.
----------------------------------------------------------------------------------------------------------------
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and the
jig gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for
Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in table 33 to 50 CFR
part 679 and Sec. 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec.
679.20(b)(1)(ii)(C)).
\2\ Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel
fishery.
\3\ The seasonal allowances of Atka mackerel for the CDQ reserve, BSAI trawl limited access sector, and
Amendment 80 sector are 50 percent in the A season and 50 percent in the B season.
\4\ Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from
January 20 to June 10, and the B season from June 10 to December 31.
\5\ Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to
be caught inside of Steller sea lion critical habitat; section 679.20(a)(8)(ii)(C)(1)(ii) equally divides the
annual harvest limit between the A and B seasons as defined at Sec. 679.23(e)(3); and Sec.
679.20(a)(8)(ii)(C)(2) requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
\6\ Sections 679.2 and 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian District and Bering
Sea subarea TAC be allocated to jig gear after subtraction of the CDQ reserve and ICA. The proposed amount of
this allocation is 0.5 percent. The jig gear allocation is not apportioned by season.
\7\ The 2025 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,
2024.
Allocation of the Pacific Cod TAC
The Council separated the BSAI OFL, ABC, and TAC into BS and AI
subarea OFLs, ABCs, and TACs for Pacific cod in 2014 (79 FR 12108,
March 4, 2014). Section 679.20(b)(1)(ii)(C) allocates 10.7 percent of
the BS TAC and the AI TAC to the CDQ Program. After CDQ allocations
have been deducted from the respective BS and AI Pacific cod TACs, the
remaining BS and AI Pacific cod TACs are combined for calculating
further BSAI Pacific cod sector allocations and seasonal allowances. If
[[Page 84285]]
the non-CDQ Pacific cod TAC is or will be reached in either the BS or
the AI subareas, NMFS will prohibit directed fishing for non-CDQ
Pacific cod in that subarea, as provided in Sec. 679.20(d)(1)(iii).
Section 679.20(a)(7)(ii) allocates to the non-CDQ sectors the
combined BSAI Pacific cod TAC, after subtracting 10.7 percent for the
CDQ Program, as follows: 1.4 percent to vessels using jig gear, 2.0
percent to hook-and-line or pot CVs less than 60 feet (ft) (18.3 meters
(m)) length overall (LOA), 0.2 percent to hook-and-line CVs greater
than or equal to 60 ft (18.3 m) LOA, 48.7 percent to hook-and-line CPs,
8.4 percent to pot CVs greater than or equal to 60 ft (18.3 m) LOA, 1.5
percent to pot CPs, 2.3 percent to AFA trawl CPs, 13.4 percent to the
Amendment 80 sector, and 22.1 percent to trawl CVs. The BSAI ICA for
the hook-and-line and pot sectors will be deducted from the aggregate
portion of BSAI Pacific cod TAC allocated to the hook-and-line and pot
sectors. For 2024 and 2025, the Regional Administrator proposes a BSAI
ICA of 500 mt, based on anticipated incidental catch by these sectors
in other fisheries. During the fishing year, NMFS may reallocate
unharvested Pacific cod among sectors, consistent with the reallocation
hierarchy set forth at Sec. 679.20(a)(7)(iii).
The BSAI ITAC allocation of Pacific cod to the Amendment 80 sector
is established in table 33 to 50 CFR part 679 and Sec. 679.91. One
Amendment 80 cooperative has been formed for the 2024 fishing year.
Because all Amendment 80 vessels are part of the sole cooperative, no
allocation to the Amendment 80 limited access sector is required for
2024. The 2025 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, 2024. NMFS will post the 2025 Amendment 80
cooperatives and Amendment 80 limited access fishery allocations on the
Alaska Region website at <a href="https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska">https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska</a> prior to the start
of the fishing year on January 1, 2025, based on the harvest
specifications effective on that date.
The BSAI ITAC allocation of Pacific cod to the PCTC Program is
established in Sec. 679.131(b). Section 679.131(b)(1)(i) also requires
NMFS to establish an ICA for incidental catch of Pacific cod by trawl
CVs engaged in directed fishing for groundfish other than PCTC Program
Pacific cod. In the annual harvest specification process, NMFS
determines the Pacific cod trawl catcher vessel TAC and the annual
apportionment of Pacific cod in the A and B seasons between the PCTC
Program DFA and the ICA (Sec. 679.131(b)(2)) (Table 4 below). The
allocations to PCTC Program cooperatives are not included in these
proposed harvest specifications. PCTC Program cooperative applications
are not due to NMFS until November 1, 2023; therefore, NMFS cannot
calculate 2024 and 2025 allocations in conjunction with these proposed
harvest specifications (Sec. 679.131(b)). After receiving the PCTC
Program applications, NMFS will calculate the 2024 and 2025 allocations
for PCTC Program cooperatives, as set forth in in Sec. 679.131(b).
NMFS will post the 2024 PCTC Program cooperative allocations on the
Alaska Region website at <a href="https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports">https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports</a> prior to the
start of the fishing year on January 1, 2024, based on the harvest
specifications effective on that date. The 2025 allocations for Pacific
cod for PCTC Program cooperatives will not be known until eligible
participants apply for participation in the program by November 1,
2024.
The sector allocations of Pacific cod are apportioned into seasonal
allowances to disperse the Pacific cod fisheries over the fishing year
(see Sec. Sec. 679.20(a)(7)(i)(B) (CDQ), 679.20(a)(7)(iv)(A) (non-
CDQ), and 679.23(e)(5) (seasons)). Table 4 lists the non-CDQ sector and
seasonal allowances. In accordance with Sec. 679.20(a)(7)(iv)(B) and
(C), any unused portion of a non-CDQ Pacific cod seasonal allowance for
any sector, except the jig sector, will become available at the
beginning of that sector's next seasonal allowance. Section
679.20(a)(7)(i)(B) sets forth the CDQ Pacific cod gear allowances by
season, and CDQ groups are prohibited from exceeding those seasonal
allowances (Sec. 679.7(d)(6)).
Section 679.20(a)(7)(vii) requires that the Regional Administrator
establish an Area 543 Pacific cod harvest limit based on Pacific cod
abundance in Area 543 as determined by the annual stock assessment
process. Based on the 2022 stock assessment, the Regional Administrator
has preliminarily determined for 2024 and 2025 that the estimated
amount of Pacific cod abundance in Area 543 is 15.7 percent of total AI
abundance. To calculate the Area 543 Pacific cod harvest limit, NMFS
first subtracts the State GHL Pacific cod amount from the AI Pacific
cod ABC. Then NMFS determines the harvest limit in Area 543 by
multiplying the percentage of Pacific cod estimated in Area 543 (15.7
percent) by the remaining ABC for AI Pacific cod. Based on these
calculations, which rely on the 2022 stock assessment, the proposed
Area 543 harvest limit is 1,323 mt. However, the final Area 543 harvest
limit could change if the Pacific cod abundance in Area 543 changes
based on the stock assessment in the final 2023 SAFE report.
Under the PCTC Program, PCTC cooperatives are required to
collectively set aside up to twelve percent of the trawl CV A-season
allocation for delivery to an AI shoreplant established through the
process set forth at Sec. 679.132 in years in which an AI community
representative notifies NMFS of their intent to process Pacific cod in
Adak or Atka. A notice of intent to process PCTC Program Pacific cod
for 2024 must be submitted in writing to the Regional Administrator by
a representative of the City of Adak or the City of Atka no later than
October 15. A notice of intent was not received in 2023, and
accordingly the set-aside will not be in effect for 2024. The 2025 set-
aside will be determined after the October 15, 2024 deadline in
conjunction with the 2025 and 2026 harvest specifications process.
Based on the proposed 2024 and 2025 Pacific cod TACs, Table 4 lists
the CDQ and non-CDQ TAC amounts, non-CDQ seasonal allowances by gear,
the sector allocations of Pacific cod, and the seasons set forth at
Sec. 679.23(e)(5).
Table 4--Proposed 2024 and 2025 Sector Allocations and Seasonal Allowances of the BSAI \1\ Pacific Cod TAC
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2024 and 2025 2024 and 2025 2024 and 2025 seasonal allowances
Sector Percent share of gear share of sector -----------------------------------------------------------
sector total total Season Amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Bering Sea TAC............................ n/a 123,295 n/a n/a............................................. n/a
[[Page 84286]]
Bering Sea CDQ.................................. n/a 13,193 n/a See Sec. 679.20(a)(7)(i)(B)................... n/a
Bering Sea non-CDQ TAC.......................... n/a 110,102 n/a n/a............................................. n/a
Total Aleutian Islands TAC...................... n/a 8,425 n/a n/a............................................. n/a
Aleutian Islands CDQ............................ n/a 901 n/a See Sec. 679.20(a)(7)(i)(B)................... n/a
Aleutian Islands non-CDQ TAC.................... n/a 7,524 n/a n/a............................................. n/a
Western Aleutians Islands Limit................. n/a 1,323 n/a n/a............................................. n/a
Total BSAI non-CDQ TAC \1\...................... 100.0 117,626 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 n/a 500 n/a............................................. n/a
Hook-and-line/pot sub-total..................... n/a 71,017 n/a n/a............................................. n/a
Hook-and-line catcher/processors................ 48.7 n/a 56,883 n/a............................................. n/a
A-season........................................ ........ ............... ............... Jan 1-Jun 10.................................... 29,011
B-season........................................ ........ ............... ............... Jun 10-Dec 31................................... 27,873
Hook-and-line catcher vessels >=60 ft LOA....... 0.2 n/a 234 n/a............................................. n/a
A-season........................................ ........ ............... ............... Jan 1-Jun 10.................................... 119
B-season........................................ ........ ............... ............... Jun 10-Dec 31................................... 114
Pot catcher/processors.......................... 1.5 n/a 1,752 n/a............................................. n/a
A-season........................................ ........ ............... ............... Jan 1-Jun 10.................................... 894
B-season........................................ ........ ............... ............... Sept 1-Dec 31................................... 859
Pot catcher vessels >=60 ft LOA................. 8.4 n/a 9,812 n/a............................................. n/a
A-season........................................ ........ ............... ............... Jan 1-Jun 10.................................... 5,004
B-season........................................ ........ ............... ............... Sept 1-Dec 31................................... 4,808
Catcher vessels <60 ft LOA using hook-and-line 2.0 n/a 2,336 n/a............................................. n/a
or pot gear.
Trawl catcher vessels \3\....................... 22.1 25,995 n/a n/a............................................. n/a
A-Season ICA.................................... ........ ............... ............... Jan 20-Apr 1.................................... 1,500
A-season PCTC................................... ........ ............... ............... Jan 20-Apr 1.................................... 17,737
B-season ICA.................................... ........ ............... ............... Apr 1-Jun 10.................................... 700
B-season PCTC................................... ........ ............... ............... Apr 1-Jun 10.................................... 2,159
C-season trawl catcher vessels.................. ........ ............... ............... Jun 10-Nov 1.................................... 3,899
AFA trawl catcher/processors.................... 2.3 2,705 n/a n/a............................................. n/a
A-season........................................ ........ ............... ............... Jan 20-Apr 1.................................... 2,029
B-season........................................ ........ ............... ............... Apr 1-Jun 10.................................... 676
C-season........................................ ........ ............... ............... Jun 10-Nov 1.................................... ........
Amendment 80.................................... 13.4 15,762 n/a n/a............................................. n/a
A-season........................................ ........ ............... ............... Jan 20-Apr 1.................................... 11,821
B-season........................................ ........ ............... ............... Apr 1-Jun 10.................................... 3,940
C-season........................................ ........ ............... ............... Jun 10-Dec 31................................... ........
Jig............................................. 1.4 1,647 n/a n/a............................................. n/a
A-season........................................ ........ ............... ............... Jan 1-Apr 30.................................... 988
B-season........................................ ........ ............... ............... Apr 30-Aug 31................................... 329
C-season........................................ ........ ............... ............... Aug 31-Dec 31................................... 329
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The sector allocations and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and AI Pacific cod TACs, after subtraction of
the reserves for the CDQ Program. If the TAC for Pacific cod in either the BS or AI is or will be reached, then directed fishing will be prohibited
for non-CDQ Pacific cod in that subarea, even if a BSAI allowance remains (Sec. 679.20(d)(1)(iii)).
\2\ The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC allocated to the hook-and-line and pot
sectors. The Regional Administrator proposes an ICA of 500 mt based on anticipated incidental catch by these sectors in other fisheries.
\3\ The A and B season trawl CV Pacific cod allocation will be allocated to the Pacific Cod Trawl Cooperative Program after subtraction of the A and B
season ICAs (Sec. 679.131(b)(1)). The Regional Administrator proposes for the A and B seasons ICAs of 1,500 mt and 700 mt, respectively, to account
for projected incidental catch of Pacific cod by trawl catcher vessels engaged in directed fishing for groundfish other than PCTC Program Pacific cod.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Sablefish Gear Allocation
Section 679.20(a)(4)(iii) and (iv) require allocation of sablefish
TAC for the BS and AI between trawl gear and fixed gear. Gear
allocations of the sablefish TAC for the BS are 50 percent for trawl
gear and 50 percent for fixed gear. Gear allocations of the TAC for the
AI are 25 percent for trawl gear and 75 percent for fixed gear. Section
679.20(b)(1)(ii)(B) requires that NMFS apportion 20 percent of the
fixed gear allocation of sablefish TAC to the CDQ reserve for each
subarea. Also, Sec. 679.20(b)(1)(ii)(D)(1) requires that 7.5 percent
of the trawl gear allocation of sablefish TAC from the nonspecified
reserve, established under Sec. 679.20(b)(1)(i), be apportioned to the
CDQ reserve. The Council recommended that only trawl sablefish TAC be
established biennially. The harvest specifications for the fixed gear
sablefish Individual Fishing Quota (IFQ) fisheries are limited to the
2024 fishing year to ensure those fisheries are conducted concurrently
with the halibut IFQ fishery. Concurrent sablefish and halibut IFQ
fisheries reduce the potential for discards of halibut and sablefish in
those fisheries. The sablefish IFQ fisheries remain closed at the
beginning of each fishing year until the final harvest specifications
for the sablefish IFQ fisheries are in effect. Table 5 lists the
proposed 2024 and 2025 gear allocations of the sablefish TAC and CDQ
reserve amounts.
[[Page 84287]]
Table 5--Proposed 2024 and 2025 Gear Shares and CDQ Reserve of BSAI Sablefish TACS
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Percent 2024 share 2024 ITAC 2024 CDQ 2025 share 2025 CDQ
Subarea and gear of TAC of TAC \1\ reserve of TAC 2025 ITAC reserve
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea:
Trawl gear..................................................... 50 4,838 4,112 363 4,838 4,112 363
Fixed gear \2\................................................. 50 4,838 n/a 968 n/a n/a n/a
------------------------------------------------------------------------------------
Total...................................................... 100 9,676 4,112 1,330 4,838 4,112 363
--------------------------------------------------------------------------------------------------------------------------------------------------------
Aleutian Islands:
Trawl gear..................................................... 25 2,448 2,081 184 2,448 2,081 184
Fixed gear \2\................................................. 75 7,345 n/a 1,469 n/a n/a n/a
------------------------------------------------------------------------------------
Total...................................................... 100 9,793 2,081 1,653 2,448 2,081 184
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For the sablefish TAC allocated to vessels using trawl gear, 15 percent of TAC is apportioned to the nonspecified reserve (Sec. 679.20(b)(1)(i)).
The ITAC for vessels using trawl gear is the remainder of the TAC after the subtraction of this reserve. In the BS and AI, 7.5 percent of the trawl
gear allocation of TAC is assigned from the nonspecified reserve to the CDQ reserve (Sec. 679.20(b)(1)(ii)(D)(1)).
\2\ For the sablefish TAC allocated to vessels using 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 the subtraction of the CDQ reserve.
The Council recommended that specifications for the fixed gear sablefish IFQ fisheries be limited to 1 year.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Allocation of the AI Pacific Ocean Perch, and BSAI Flathead Sole, Rock
Sole, and Yellowfin Sole TACs
Section 679.20(a)(10)(i) and (ii) require that NMFS allocate AI
Pacific ocean perch, and BSAI flathead sole, rock sole, and yellowfin
sole TACs between the Amendment 80 sector and the BSAI trawl limited
access sector, after subtracting 10.7 percent for the CDQ reserves and
amounts for ICAs for the BSAI trawl limited access sector and vessels
using non-trawl gear. The allocation of the ITACs for AI Pacific ocean
perch, and BSAI flathead sole, rock sole, and yellowfin sole to the
Amendment 80 sector is established in accordance with tables 33 and 34
to 50 CFR part 679 and in Sec. 679.91.
One Amendment 80 cooperative has been formed for the 2024 fishing
year. Because all Amendment 80 vessels are part of the sole
cooperative, no allocation to the Amendment 80 limited access sector is
required for 2024. The 2025 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, 2024. NMFS will post the
2025 Amendment 80 cooperatives and Amendment 80 limited access sector
allocations on the Alaska Region website at <a href="https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska">https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska</a> prior to the start of the fishing year on January 1,
2025, based on the harvest specifications effective on that date. Table
6 lists the proposed 2024 and 2025 allocations of the AI Pacific ocean
perch, and BSAI flathead sole, rock sole, and yellowfin sole TACs.
Table 6--Proposed 2024 and 2025 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]
----------------------------------------------------------------------------------------------------------------
2024 and 2025 allocations
-----------------------------------------------------------------------------
Pacific ocean perch Flathead Rock sole Yellowfin
Sector --------------------------------------- sole ------------- sole
Eastern Central Western ------------- ------------
Aleutian Aleutian Aleutian BSAI
district district district BSAI BSAI
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
\1\ The 2025 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, 2024.
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
[[Page 84288]]
flathead sole, rock sole, and yellowfin sole. Section 679.31(b)(4)
establishes the annual allocations of CDQ ABC reserves among the CDQ
groups. The Amendment 80 ABC reserves are the ABC reserves minus the
CDQ ABC reserves. Section 679.91(i)(2) establishes each Amendment 80
cooperative ABC reserves to be the ratio of each cooperatives' quota
share units and the total Amendment 80 quota share units, multiplied by
the Amendment 80 ABC reserve for each respective species. Table 7 lists
the proposed 2024 and 2025 ABC surplus and ABC reserves for BSAI
flathead sole, rock sole, and yellowfin sole.
Table 7--Proposed 2024 and 2025 \1\ ABC Surplus, ABC Reserves, Community
Development Quota (CDQ) ABC Reserves, and Amendment 80 ABC Reserves in
the BSAI for Flathead Sole, Rock Sole, and Yellowfin Sole
[Amounts are in metric tons]
------------------------------------------------------------------------
Flathead Yellowfin
Sector sole Rock sole sole
------------------------------------------------------------------------
ABC.............................. 66,927 119,969 462,890
TAC.............................. 35,500 66,000 230,656
ABC surplus...................... 31,427 53,969 232,234
ABC reserve...................... 31,427 53,969 232,234
CDQ ABC reserve.................. 3,363 5,775 24,849
Amendment 80 ABC reserve......... 28,064 48,194 207,385
------------------------------------------------------------------------
\1\ The 2025 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,
2024.
Proposed PSC Limits for Halibut, Salmon, Crab, and Herring
Section 679.21(b), (e), (f), and (g) set forth the BSAI PSC limits.
Pursuant to Sec. 679.21(b)(1), the annual BSAI halibut PSC limits
total 3,515 mt. Section 679.21(b)(1) allocates 315 mt of the halibut
PSC limit as the PSQ reserve for use by the groundfish CDQ Program,
1,745 mt of the halibut PSC limit for the Amendment 80 sector, 745 mt
of the halibut PSC limit for the BSAI trawl limited access sector, and
710 mt of the halibut PSC limit for the BSAI non-trawl sector.
Under Amendment 123 and its implementing regulations, the annual
BSAI halibut PSC limit for the CDQ Program (315 mt), BSAI trawl limited
access sector (745 mt), and BSAI non-trawl sector (710 mt) will total
1,770 mt (these individual halibut PSC limits are unchanged). An
additional amount of BSAI halibut PSC limit for the Amendment 80 sector
will be determined annually based on the most recent halibut abundance
estimates from the IPHC setline survey index and the NMFS AFSC Eastern
Bering Sea shelf trawl survey index. The 2023 AFSC Eastern Bering Sea
shelf trawl survey index estimate of halibut abundance is 170,238 mt
and is above the threshold level of 150,000 mt. The IPHC setline survey
index is unknown at this time but will be available by December 2023.
NMFS will calculate the Amendment 80 sector halibut PSC limit and the
total halibut PSC limit in the final 2024 and 2025 harvest
specifications.
Section 679.21(b)(1)(iii)(A) and (B) require apportionment of the
BSAI non-trawl halibut PSC limit into PSC allowances among six fishery
categories, and Sec. Sec. 679.21(b)(1)(ii)(A) and (B), (e)(3)(i)(B),
and (e)(3)(iv) require apportionment of the BSAI trawl limited access
sector's halibut and crab PSC limits into PSC allowances among seven
fishery categories. Tables 10 and 11 list the proposed fishery PSC
allowances for the BSAI trawl limited access sector fisheries, and
Table 12 lists the proposed fishery PSC allowances for the non-trawl
fisheries.
Pursuant to Section 3.6 of the FMP, the Council recommends, and
NMFS proposes, that certain specified non-trawl fisheries be exempt
from the halibut PSC limit. As in past years, after consultation with
the Council, NMFS proposes to exempt the pot gear fishery, the jig gear
fishery, and the sablefish IFQ hook-and-line gear fishery categories
from halibut bycatch restrictions because (1) the pot gear fisheries
have low halibut bycatch mortality; (2) NMFS estimates halibut
mortality for the jig gear fleet to be negligible because of the small
size of the fishery and the selectivity of the gear; and (3) the
sablefish and halibut IFQ fisheries have low halibut bycatch mortality
because the IFQ Program requires legal-size halibut to be retained by
vessels using fixed gear if a halibut IFQ permit holder or a hired
master is aboard and is holding unused halibut IFQ for that vessel
category and the IFQ regulatory area in which the vessel is operating
(Sec. 679.7(f)(11)).
As of November 8, 2023, total groundfish catch for the pot gear
fishery in the BSAI was 18,036 mt, with an associated halibut bycatch
mortality of 9 mt. The 2023 jig gear fishery harvested less than 1 mt
of groundfish. Most vessels in the jig gear fleet are exempt from
observer coverage requirements. As a result, observer data are not
available on halibut bycatch in the jig gear fishery. As mentioned
above, NMFS estimates a negligible amount of halibut bycatch mortality
because of the selective nature of jig gear and the low mortality rate
of halibut caught with jig gear and released.
Under Sec. 679.21(f)(2), NMFS annually allocates portions of
either 33,318, 45,000, 47,591, or 60,000 Chinook salmon PSC limits
among the AFA sectors, depending on past bycatch performance, on
whether Chinook salmon bycatch incentive plan agreements (IPA) are
formed, and on whether NMFS determines it is a low Chinook salmon
abundance year. NMFS will determine that it is a low Chinook salmon
abundance year when abundance of Chinook salmon in western Alaska is
less than or equal to 250,000 Chinook salmon. The State provides to
NMFS an estimate of Chinook salmon abundance using the 3-System Index
for western Alaska, based on the Kuskokwim, Unalakleet, and Upper Yukon
aggregate stock grouping.
If an AFA sector participates in an approved IPA and has not
exceeded its performance standard under Sec. 679.21(f)(6), and if it
is not a low Chinook salmon abundance year, then NMFS will allocate a
portion of the 60,000 Chinook salmon PSC limit to that sector as
specified in Sec. 679.21(f)(3)(iii)(A). If no IPA is approved, or if
the sector has exceeded its performance standard under Sec.
679.21(f)(6), and if it is not a low abundance year, then NMFS will
allocate a portion of the 47,591 Chinook salmon PSC limit to that
sector as
[[Page 84289]]
specified in Sec. 679.21(f)(3)(iii)(C). If an AFA sector participates
in an approved IPA and has not exceeded its performance standard under
Sec. 679.21(f)(6) in a low abundance year, then NMFS will allocate a
portion of the 45,000 Chinook salmon PSC limit to that sector as
specified in Sec. 679.21(f)(3)(iii)(B). If no IPA is approved, or if
the sector has exceeded its performance standard under Sec.
679.21(f)(6), and if in a low abundance year, then NMFS will allocate a
portion of the 33,318 Chinook salmon PSC limit to that sector as
specified in Sec. 679.21(f)(3)(iii)(D).
NMFS has determined that 2023 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 2024,
the Chinook salmon PSC limit is 45,000 Chinook salmon, allocated to
each sector as specified in Sec. 679.21(f)(3)(iii)(B).
The AFA sector Chinook salmon PSC allocations are also seasonally
apportioned with 70 percent of the allocation for the A season pollock
fishery, and 30 percent of the allocation for the B season pollock
fishery (Sec. Sec. 679.21(f)(3)(i) and 679.23(e)(2)). In 2024, the
Chinook salmon bycatch performance standard under Sec. 679.21(f)(6) is
33,318 Chinook salmon, allocated to each sector as specified in Sec.
679.21(f)(3)(iii)(D). If a sector exceeds its Chinook salmon bycatch
performance standard in any three of seven consecutive years, that
sector's allocation is reduced to the amount allocated under the
Chinook salmon bycatch performance standard at Sec.
679.21(f)(3)(iii)(C)-(D). NMFS publishes the approved IPAs and the
Chinook salmon PSC allocations and reports at <a href="https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska">https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska</a>.
Section 679.21(g)(2)(i) specifies 700 fish as the 2024 and 2025
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 2024 and 2025
non-Chinook salmon PSC limit for vessels using trawl gear from August
15 through October 14 in the Catcher Vessel Operational Area (CVOA).
Section 679.21(f)(14)(ii) allocates 10.7 percent, or 4,494 non-Chinook
salmon, in the CVOA as the PSQ reserve for the CDQ Program and
allocates the remaining 37,506 non-Chinook salmon in the CVOA to the
non-CDQ fisheries. Section 679.21(f)(14)(iv) exempts from closures in
the Chum Salmon Savings Area trawl vessels participating in directed
fishing for pollock and operating under an IPA approved by NMFS.
PSC limits for crab and herring are specified annually based on
abundance and spawning biomass.
Based on the most recent (2023) survey data, the red king crab
mature female abundance is estimated at 11.054 million red king crabs,
and the effective spawning biomass is estimated at 20.055 million lbs
(9,320 mt). Based on the criteria set out at Sec. 679.21(e)(1)(i), the
calculated 2024 and 2025 PSC limit of red king crab in Zone 1 for trawl
gear is 97,000 animals. This limit derives from the mature female
abundance estimate above 8.4 million mature red king crab and an
effective spawning biomass between 14.5 and 55 million lbs.
Section 679.21(e)(3)(ii)(B)(2) establishes criteria under which
NMFS must specify, after consultation with the Council, an annual red
king crab bycatch limit for the Red King Crab Savings Subarea (RKCSS)
if the State has established a GHL fishery for red king crab in the
Bristol Bay area in the previous year. The regulations limit the RKCSS
red king crab bycatch limit to 25 percent of the red king crab PSC
limit, based on the need to optimize the groundfish harvest relative to
red king crab bycatch. In October 2023, the Council recommended, and
NMFS proposes, that the RKCSS red king crab bycatch limit for 2024 and
2025 be equal to 25 percent of the red king crab PSC limit (Table 9).
Based on the most recent (2023) survey data from the NMFS annual
bottom trawl survey, Tanner crab (Chionoecetes bairdi) abundance is
estimated at 730 million animals. Pursuant to criteria set out at Sec.
679.21(e)(1)(ii), the calculated 2024 and 2025 C. bairdi crab PSC limit
for trawl gear is 980,000 animals in Zone 1, and 2,970,000 animals in
Zone 2. The limit in Zone 1 is based on the total abundance of C.
bairdi (estimated at 730 million animals), which is greater than 400
million animals. The limit in Zone 2 is based on the total abundance of
C. bairdi (estimated at 730 million animals), which is greater than 400
million animals.
Pursuant to Sec. 679.21(e)(1)(iii), the PSC limit for trawl gear
for snow crab (C. opilio) is based on total abundance as indicated by
the NMFS annual bottom trawl survey. The C. opilio crab PSC limit in
the C. opilio bycatch limitation zone (COBLZ) is set at 0.1133 percent
of the Bering Sea abundance index minus 150,000 crabs, unless a minimum
or maximum PSC limit applies. Based on the most recent (2023) survey
estimate of 1.142 billion animals, the calculated C. opilio crab PSC
limit is 1,143,886 animals. Because 0.1133 percent multiplied by the
total abundance is less than 4.5 million animals, the minimum PSC limit
applies, and the PSC limit will be 4.350 million animals.
Pursuant to Sec. 679.21(e)(1)(v), the PSC limit of Pacific herring
caught while conducting any trawl operation for BSAI groundfish is 1
percent of the annual eastern Bering Sea herring biomass. Due to the
lack of new information as of October 2023 regarding herring PSC limits
and apportionments, the Council recommended, and NMFS proposes, basing
the proposed 2024 and 2025 herring PSC limits and apportionments on the
2022 survey data. Based on the 2022 survey data, the best current
estimate of 2024 and 2025 herring biomass is 344,379 mt. This amount
was developed by the Alaska Department of Fish and Game based on
biomass for spawning aggregations. Therefore, the herring PSC limit
proposed for 2024 and 2025 is 3,444 mt for all trawl gear as listed in
Tables 8 and 9. The Council and NMFS will reconsider the proposed
herring PSC limit if updated survey data and information on biomass
becomes available.
Section 679.21(e)(3)(i)(A)(1) allocates 10.7 percent of each trawl
gear PSC limit specified for crab as a PSQ reserve for use by the
groundfish CDQ Program. Section 679.21(e)(3)(i)(A) requires that crab
PSQ reserves be subtracted from the total trawl PSC limits. The crab
and halibut PSC limits assigned to the Amendment 80 and BSAI trawl
limited access sectors are listed in table 35 to 50 CFR part 679. The
resulting proposed 2024 and 2025 allocations of crab and halibut PSC
limits to CDQ PSQ, the Amendment 80 sector, and the BSAI trawl limited
access sector are listed in table 8. Pursuant to Sec. Sec.
679.21(b)(1)(i), 679.21(e)(3)(vi), and 679.91(d) through (f), crab and
halibut trawl PSC limits assigned to the Amendment 80 sector are then
further allocated to Amendment 80 cooperatives as cooperative quotas.
Crab and halibut PSC cooperative quotas assigned to Amendment 80
cooperatives are not allocated to specific fishery categories.
One Amendment 80 cooperative has been formed for the 2024 fishing
year. Because all Amendment 80 vessels are part of the sole
cooperative, no PSC limit allocation to the Amendment 80 limited access
sector is required for 2024. The 2025 PSC limit allocations between
Amendment 80 cooperatives
[[Page 84290]]
and the Amendment 80 limited access sector will not be known until
eligible participants apply for participation in the program by
November 1, 2024. NMFS will post the 2025 Amendment 80 cooperatives and
Amendment 80 limited access sector allocations on the Alaska Region
website at <a href="https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska">https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska</a> prior to the start of the fishing year on
January 1, 2025, based on the harvest specifications effective on that
date.
The BSAI ITAC allocation of halibut and crab PSC limits to the PCTC
Program is established in Sec. 679.131(c) and (d). The halibut PSC
apportioned to the trawl CV sector is 98 percent of the halibut PSC
limit apportioned to the BSAI trawl limited access sector's Pacific cod
fishery category, and the remaining 2 percent is apportioned to the AFA
CP sector. The trawl CV sector apportionment is further allocated to
the A and B seasons (95 percent) and the C season (5 percent). The
allocation to the A and B season is subject to reductions consistent
with Sec. 679.131(c)(1)(iii). The crab PSC apportioned to the trawl CV
sector is 90.6 percent of the crab PSC limit apportioned to the BSAI
trawl limited access sector's Pacific cod fishery category, and the
remaining 9.4 percent is apportioned to the AFA CP sector. The trawl CV
sector apportionment is further allocated to the A and B seasons (95
percent) and the C season (5 percent), and the A and B season limit is
reduced by 35 percent to determine the overall PCTC Program crab PSC
limit.
The halibut and crab PSC limit allocations to PCTC Program
cooperatives are not included in these proposed harvest specifications.
PCTC Program cooperative applications are not due to NMFS until
November 1, 2023; therefore, NMFS cannot calculate 2024 allocations in
conjunction with these proposed harvest specifications (Sec.
679.131(c) and (d)). After receiving the PCTC Program cooperative
applications, NMFS will calculate the 2024 halibut and crab PSC limits
for PCTC Program cooperatives, as set forth in in Sec. 679.131(c) and
(d) and post them on the Alaska Region website at <a href="https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports">https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports</a> prior to the start of the fishing year on January 1,
2024, based on the harvest specifications effective on that date. The
2025 allocations of halibut and crab PSC limits for PCTC Program
cooperatives will not be known until eligible participants apply for
participation in the program by November 1, 2024.
Section 679.21(b)(2) and (e)(5) authorize NMFS, after consulting
with the Council, to establish seasonal apportionments of halibut and
crab PSC amounts for the BSAI non-trawl, BSAI trawl limited access, and
Amendment 80 limited access sectors to maximize the ability of the
fleet to harvest the available groundfish TAC and to minimize bycatch.
The factors considered are (1) seasonal distribution of prohibited
species; (2) seasonal distribution of target groundfish species
relative to prohibited species distribution; (3) prohibited species
bycatch needs on a seasonal basis relevant to prohibited species
biomass and expected catches of target groundfish species; (4) expected
variations in bycatch rates throughout the year; (5) expected changes
in directed groundfish fishing seasons; (6) expected start 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 proposes, the
seasonal PSC apportionments in Tables 10, 11, and 12 to maximize
harvest among gear types, fisheries, and seasons, while minimizing
bycatch of PSC.
Table 8--Proposed 2024 and 2025 Apportionment of Prohibited Species Catch Allowances to Non-Trawl Gear, the CDQ Program, Amendment 80, and the BSAI
Trawl Limited Access Sectors
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trawl PSC BSAI trawl BSAI PSC
PSC species, areas, and zones \1\ Total PSC \4\ Non-trawl PSC CDQ PSQ remaining Amendment 80 limited access limits not
reserve \2\ after CDQ PSQ sector 3 4 sector allocated \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Halibut mortality (mt) BSAI............. 3,515 710 315 n/a 1,745 745 n/a
Herring (mt) BSAI....................... 3,444 n/a n/a n/a n/a n/a n/a
Red king crab (animals) Zone 1.......... 97,000 n/a 10,379 86,621 43,293 26,489 16,839
C. opilio (animals) COBLZ............... 4,350,000 n/a 465,450 3,884,550 1,909,256 1,248,494 726,799
C. bairdi crab (animals) Zone 1......... 980,000 n/a 104,860 875,140 368,521 411,228 95,390
C. bairdi crab (animals) Zone 2......... 2,970,000 n/a 317,790 2,652,210 627,778 1,241,500 782,932
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas and zones.
\2\ The PSQ reserve for crab species is 10.7 percent of each crab PSC limit.
\3\ The Amendment 80 program reduced apportionment of the trawl PSC limits for crab below the total PSC limit. These reductions are not apportioned to
other gear types or sectors.
\4\ Under Amendment 123 and its implementing regulations, the BSAI halibut PSC limit for the Amendment 80 sector will be determined annually based on
the most recent halibut abundance estimates from the IPHC setline survey index and the NMFS AFSC Eastern Bering Sea shelf trawl survey index. NMFS
will update the halibut PSC limit for the Amendment 80 sector, as well as the total halibut PSC limit, in the final harvest specifications.
Table 9--Proposed 2024 and 2025 Herring and Red King Crab Savings
Subarea Prohibited Species Catch Allowances for All Trawl Sectors
------------------------------------------------------------------------
Herring (mt) Red king crab
Fishery categories BSAI (animals) Zone 1
------------------------------------------------------------------------
Yellowfin sole...................... 200 n/a
Rock sole/flathead sole/Alaska 99 n/a
plaice/other flatfish \1\..........
Greenland turbot/arrowtooth flounder/ 10 n/a
Kamchatka flounder/sablefish.......
Rockfish............................ 10 n/a
Pacific cod......................... 18 n/a
Midwater trawl pollock.............. 3,066 n/a
Pollock/Atka mackerel/other species 41 n/a
2 3................................
2024 Red king crab savings subarea n/a 24,250
non-pelagic trawl gear \4\.........
-----------------------------------
[[Page 84291]]
Total trawl PSC................. 3,444 97,000
------------------------------------------------------------------------
\1\ ``Other flatfish'' for PSC monitoring includes all flatfish species,
except for halibut (a prohibited species), Alaska plaice, arrowtooth
flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock
sole, and yellowfin sole.
\2\ Pollock other than midwater trawl pollock, Atka mackerel, and
``other species'' fishery category.
\3\ ``Other species'' for PSC monitoring includes skates, sharks, and
octopuses.
\4\ In October 2023, the Council recommended, and NMFS proposes, that
the red king crab bycatch limit within the RKCSS be limited to 25
percent of the red king crab PSC allowance (see Sec.
679.21(e)(3)(ii)(B)(2)).
Note: Species apportionments may not total precisely due to rounding.
Table 10--Proposed 2024 Prohibited Species Bycatch Allowances for the BSAI Trawl Limited Access Sectors and
Pacific Cod Trawl Cooperative Program
----------------------------------------------------------------------------------------------------------------
Prohibited species and area \1\
-------------------------------------------------------------------------------
BSAI trawl limited access sector Halibut Red king crab C. opilio C. bairdi (animals)
fisheries mortality (mt) (animals) (animals) -------------------------------
BSAI Zone 1 COBLZ Zone 1 Zone 2
----------------------------------------------------------------------------------------------------------------
Yellowfin sole.................. 265 23,337 1,192,179 346,228 1,185,500
Rock sole/flathead sole/other .............. .............. .............. .............. ..............
flatfish \2\...................
Greenland turbot/arrowtooth .............. .............. .............. .............. ..............
flounder/Kamchatka flounder/
sablefish......................
Rockfish, April 15-December 31.. 5 .............. 1,006 .............. 1,000
Total Pacific cod \3\........... 300 2,955 50,281 60,000 50,000
AFA CP Pacific cod.............. 6 278 4,726 5,640 4,700
PCTC Program Pacific cod, A and 244 1,653 28,130 33,567 27,973
B Season.......................
Trawl CV Pacific cod, C Season.. 15 134 2,278 2,718 2,265
PCTC Program unallocated 35 890 15,147 18,075 15,062
reduction......................
Pollock/Atka mackerel/other 175 197 5,028 5,000 5,000
species \4\....................
-------------------------------------------------------------------------------
Total BSAI trawl limited 745 26,489 1,248,494 411,228 1,241,500
access sector PSC..........
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas and zones.
\2\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole,
and yellowfin sole.
\3\ With the implementation of the PCTC Program, the BSAI trawl limited access sector Pacific cod fishery
category PSC limits are further apportioned between AFA CPs, PCTC A and B-season, and open access C season
(Sec. 679.131(c) and (d)). In the first year of the Program, 2024, NMFS will apply a 12.5 percent reduction
to the A and B season trawl CV sector halibut PSC limit and a 35 percent reduction to the A and B season trawl
CV sector crab PSC limit. The proposed 2024 PCTC Program A and B season halibut and crab PSC limits include
these reductions. In the second year of the Program and every year thereafter, NMFS will apply a 25 percent
and 35 percent reduction to the A and B season trawl CV sector halibut and crab PSC limit, respectively. Any
amount of the PCTC Program PSC limit remaining after the B season may be reapportioned to the trawl CV limited
access fishery in the open access C season. Because the annual halibut PSC limit for the PCTC Program is not a
fixed amount established in regulation and, instead, is determined annually through the harvest specification
process, NMFS must apply the reductions to the A and B season apportionment of the trawl CV sector
apportionment to implement the overall PSC reductions under the PCTC Program.
\4\ ``Other species'' for PSC monitoring includes skates, sharks, and octopuses.
Note: Species apportionments may not total precisely due to rounding.
Table 11--Proposed 2025 Prohibited Species Bycatch Allowances for the BSAI Trawl Limited Access Sectors and
Pacific Cod Trawl Cooperative Program
----------------------------------------------------------------------------------------------------------------
Prohibited species and area \1\
-------------------------------------------------------------------------------
BSAI trawl limited access sector Halibut Red king crab C. opilio C. bairdi (animals)
fisheries mortality (mt) (animals) (animals) -------------------------------
BSAI Zone 1 COBLZ Zone 1 Zone 2
----------------------------------------------------------------------------------------------------------------
Yellowfin sole.................. 265 23,337 1,192,179 346,228 1,185,500
Rock sole/flathead sole/other .............. .............. .............. .............. ..............
flatfish \2\...................
Greenland turbot/arrowtooth .............. .............. .............. .............. ..............
flounder/Kamchatka flounder/
sablefish......................
Rockfish April 15-December 31... 5 .............. 1,006 .............. 1,000
Total Pacific cod \3\........... 300 2,955 50,281 60,000 50,000
AFA CP Pacific cod.............. 6 278 4,726 5,640 4,700
PCTC Program Pacific cod, A and 209 1,653 28,130 33,567 27,973
B Season.......................
Trawl CV Pacific cod, C Season.. 15 134 2,278 2,718 2,265
PCTC Program unallocated 70 890 15,147 18,075 15,062
reduction......................
Pollock/Atka mackerel/other 175 197 5,028 5,000 5,000
species \4\....................
-------------------------------------------------------------------------------
Total BSAI trawl limited 745 26,489 1,248,494 411,228 1,241,500
access sector PSC..........
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas and zones.
[[Page 84292]]
\2\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole,
and yellowfin sole.
\3\ With the implementation of the PCTC Program, the BSAI trawl limited access sector Pacific cod fishery
category PSC limits are further apportioned between AFA CPs, PCTC A and B-season, and open access C season
(Sec. 679.131(c) and (d)). In the second year of the PCTC Program, 2025, and every year thereafter, NMFS
will apply a 25 and 35 percent reduction to the A and B season trawl CV sector halibut and crab PSC limit,
respectively. The proposed 2025 PCTC Program A and B season halibut and crab PSC limits include these
reductions. Any amount of the PCTC Program PSC limit remaining after the B season may be reapportioned to the
trawl CV limited access fishery in the open access C season. Because the annual halibut PSC limit for the PCTC
Program is not a fixed amount established in regulation and, instead, is determined annually through the
harvest specification process, NMFS must apply the reductions to the A and B season apportionment of the trawl
CV sector apportionment to implement the overall PSC reductions under the PCTC Program.
\4\ ``Other species'' for PSC monitoring includes skates, sharks, and octopuses.
Note: Species apportionments may not total precisely due to rounding.
Table 12--Proposed 2024 and 2025 Halibut Prohibited Species Bycatch Allowances for Non-Trawl Fisheries
----------------------------------------------------------------------------------------------------------------
Halibut mortality (mt) BSAI
-----------------------------------------------------------------------------------------------------------------
Catcher/
Non-trawl fisheries Seasons processor Catcher vessel All non-trawl
----------------------------------------------------------------------------------------------------------------
Pacific cod........................... Annual Pacific cod...... 648 13 661
January 1-June 10....... 388 9 n/a
June 10-August 15....... 162 2 n/a
August 15-December 31... 98 2 n/a
Non-Pacific cod non-trawl-Total....... May 1-December 31....... n/a n/a 49
Groundfish pot and jig................ n/a..................... n/a n/a Exempt
Sablefish hook-and-line............... n/a..................... n/a n/a Exempt
-----------------------------------------------
Total for all non-trawl PSC....... n/a..................... n/a n/a 710
----------------------------------------------------------------------------------------------------------------
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 will continue to ensure that NMFS is using DMRs that
more accurately reflect halibut mortality, which will inform the
different sectors of their estimated halibut mortality and allow
specific sectors to respond with methods that could reduce mortality
and, eventually, the DMR for that sector.
At the October 2023 meeting, the SSC, AP, and Council recommended
halibut DMRs derived from the revised methodology, and NMFS proposes
DMRs calculated under the revised methodology. The proposed 2024 and
2025 DMRs use an updated 2-year reference period, except pot gear uses
an updated 4-year reference period. Comparing the proposed 2024 and
2025 DMRs to the final DMRs from the 2023 and 2024 harvest
specifications, the DMR for pelagic trawl gear remained at 100 percent,
the DMR for motherships and CPs using non-pelagic trawl gear remained
at 85 percent, the DMR for CVs using non-pelagic trawl gear increased
to 63 percent from 62 percent, the DMR for CPs using hook-and-line gear
decreased to 7 percent from 9 percent, the DMR for CVs using hook-and-
line gear decreased to 7 percent from 9 percent, and the DMR for pot
gear remained at 26 percent. Table 13 lists the proposed 2024 and 2025
DMRs.
Table 13--Proposed 2024 and 2025 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...... 63
Hook-and-line..................... Catcher vessel...... 7
Hook-and-line..................... Catcher/processor... 7
[[Page 84293]]
Pot............................... All................. 26
------------------------------------------------------------------------
Listed AFA CP Sideboard Limits
Pursuant to Sec. 679.64(a), the Regional Administrator is
responsible for restricting the ability of listed AFA CPs to engage in
directed fishing for groundfish species other than pollock to protect
participants in other groundfish fisheries from adverse effects
resulting from the AFA fishery and from fishery cooperatives in the
directed pollock fishery. These restrictions are set as sideboard
limits on catch. On February 8, 2019, NMFS published a final rule (84
FR 2723) that implemented regulations to prohibit non-exempt AFA CPs
from directed fishing for all groundfish species or species groups
subject to sideboard limits (see Sec. 679.20(d)(1)(iv)(D) and table 54
to 50 CFR part 679). NMFS proposes to exempt AFA CPs from a yellowfin
sole sideboard limit pursuant to Sec. 679.64(a)(1)(v) because the
proposed 2024 and 2025 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 14 that
are caught by listed AFA CPs participating in any groundfish fishery
other than pollock will accrue against the proposed 2024 and 2025 PSC
sideboard limits for the listed AFA CPs. Section 679.21(b)(4)(iii),
(e)(3)(v), and (e)(7) authorize NMFS to close directed fishing for
groundfish other than pollock for listed AFA CPs once a proposed 2024
or 2025 PSC sideboard limit listed in table 14 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 14--Proposed 2024 and 2025 BSAI American Fisheries Act Listed Catcher/Processor Prohibited Species
Sideboard Limits
----------------------------------------------------------------------------------------------------------------
Proposed 2024 and
2025 PSC available Proposed 2024 and
PSC species and area \1\ Ratio of PSC to to trawl vessels 2025 CP sideboard
total PSC after subtraction limit \2\
of PSQ \2\
----------------------------------------------------------------------------------------------------------------
Halibut mortality BSAI........................... n/a n/a 286
Red king crab Zone 1............................. 0.007 86,621 606
C. opilio (COBLZ)................................ 0.153 3,884,550 594,336
C. bairdi Zone 1................................. 0.140 875,140 122,520
C. bairdi Zone 2................................. 0.050 2,652,210 132,611
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas.
\2\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
AFA CV Sideboard Limits
The Regional Administrator is responsible for restricting the
ability of listed AFA CVs to engage in directed fishing for groundfish
species other than pollock to protect participants in other groundfish
fisheries from adverse effects resulting from the AFA and from fishery
cooperatives in the pollock directed fishery. These restrictions are
set out as sideboard limits on catch. Section 679.64(b)(3) and (b)(4)
and tables 40 and 41 to 50 CFR part 679 establish formulas for setting
AFA CV groundfish and halibut and crab PSC sideboard limits for the
BSAI. The basis for these sideboard limits is described in detail in
the final rules implementing the major provisions of the AFA (67 FR
79692, December 30, 2002), Amendment 80 (72 FR 52668, September 14,
2007), and Amendment 122 (88 FR 53704, August 8, 2023). NMFS proposes
to exempt AFA CVs from a yellowfin sole sideboard limit pursuant to
Sec. 679.64(b)(6) because the proposed 2024 and 2025 aggregate ITAC of
yellowfin sole assigned to the Amendment 80 sector and BSAI trawl
limited access sector is greater than 125,000 mt.
On February 8, 2019, NMFS published a final rule (84 FR 2723) that
implemented regulations to prohibit non-exempt AFA CVs from directed
fishing for a majority of the groundfish species or species groups
subject to sideboard limits (see Sec. 679.20(d)(1)(iv)(D) and table 55
to 50 CFR part 679). The only remaining sideboard limit for non-exempt
AFA CVs is for Pacific cod. Pursuant to Amendment 122 to the FMP, the
Pacific cod sideboard limit is no longer necessary in the A and B
seasons because directed fishing in the BSAI for Pacific cod by trawl
CVs is now managed under the PCTC Program, and accordingly the
sideboard limit is in effect in the C season only (Sec.
679.64(b)(3)(ii)). Table 15 lists the proposed 2024 and 2025 AFA CV
Pacific cod sideboard limits.
[[Page 84294]]
Table 15--Proposed 2024 and 2025 BSAI Pacific Cod Sideboard Limits for American Fisheries Act Catcher Vessels
(CVs)
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
Ratio of 1997 2024 and 2025 2024 and 2025 AFA
Fishery by area/gear/season AFA CV catch to initial TAC for C catcher vessel
TAC Season sideboard limits
----------------------------------------------------------------------------------------------------------------
Pacific cod BSAI..................................... n/a n/a n/a
Trawl gear CV........................................ n/a n/a n/a
C Season (Jun 10-Nov 1).............................. 0.8609 3,899 3,357
----------------------------------------------------------------------------------------------------------------
Note: As proposed, Sec. 679.64(b)(6) would exempt AFA CVs from a yellowfin sole sideboard limit because the
proposed 2024 and 2025 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 16 that are caught by
AFA CVs participating in any groundfish fishery other than pollock will
accrue against the 2024 and 2025 PSC sideboard limits for the AFA CVs.
Section 679.21(b)(4)(iii), (e)(3)(v), and (e)(7) authorize NMFS to
close directed fishing for groundfish other than pollock for AFA CVs
once a proposed 2024 or 2025 PSC sideboard limit listed in Table 16 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 16--Proposed 2024 and 2025 American Fisheries Act Catcher Vessel Prohibited Species Catch Sideboard Limits
for the BSAI \1\
----------------------------------------------------------------------------------------------------------------
Proposed 2024 Proposed 2024
AFA catcher and 2025 PSC and 2025 AFA
PSC species and area \1\ Target fishery vessel PSC limit after catcher vessel
category \2\ sideboard limit subtraction of PSC sideboard
ratio PSQ reserves \3\ limit \3\
----------------------------------------------------------------------------------------------------------------
Halibut........................... Pacific cod trawl.... n/a n/a N/A
Pacific cod hook-and- n/a n/a 2
line or pot.
Yellowfin sole total. n/a n/a 101
Rock sole/flathead n/a n/a 228
sole/Alaska plaice/
other flatfish \4\.
Greenland turbot/ n/a n/a ................
arrowtooth flounder/
Kamchatka flounder/
sablefish.
Rockfish............. n/a n/a 2
Pollock/Atka mackerel/ n/a n/a 5
other species \5\.
Red king crab Zone 1.............. n/a.................. 0.2990 86,621 25,900
C. opilio COBLZ................... n/a.................. 0.1680 3,884,550 652,604
C. bairdi Zone 1.................. n/a.................. 0.3300 875,140 288,796
C. bairdi Zone 2.................. n/a.................. 0.1860 2,652,210 493,311
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas and zones.
\2\ Target fishery categories are defined at Sec. 679.21(b)(1)(ii)(B) and (e)(3)(iv).
\3\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
\4\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole,
and yellowfin sole.
\5\ ``Other species'' for PSC monitoring includes skates, sharks, and octopuses.
Classification
NMFS is issuing this proposed rule pursuant to section 305(d) of
the Magnuson-Stevens Act. Through previous actions, the FMP and
regulations authorize NMFS to take this action (50 CFR part 679). The
NMFS Assistant Administrator has preliminarily determined that the
proposed harvest specifications are consistent with the FMP, the
Magnuson-Stevens Act, and other applicable laws, subject to further
review and consideration after public comment.
This action is authorized under 50 CFR 679.20 and is exempt from
review under Executive Order 12866 because it only implements annual
catch limits.
NMFS prepared an EIS for the Alaska groundfish harvest
specifications and alternative harvest strategies (see ADDRESSES) and
made it available to the public on January 12, 2007 (72 FR 1512). On
February 13, 2007, NMFS issued the ROD for the Final EIS. A SIR is
being prepared for the final 2024 and 2025 harvest specifications to
provide a subsequent assessment of the action and to address the need
to prepare a Supplemental EIS (40 CFR 1501.11(b) and 1502.9(d)(1)).
Copies of the Final EIS, ROD, and annual SIRs for this action are
available from NMFS (see ADDRESSES). The Final EIS analyzes the
environmental, social, and economic consequences of alternative harvest
strategies on resources in the action area. Based on the analysis in
the Final EIS, NMFS concluded that the preferred alternative
(Alternative 2) provides the best balance among relevant environmental,
social, and economic considerations and allows for continued management
of the groundfish fisheries based on the most recent, best scientific
information.
Initial Regulatory Flexibility Analysis
This Initial Regulatory Flexibility Analysis (IRFA) was prepared
for this proposed rule, as required by Section 603 of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 603), to describe the economic impact
this proposed rule, if adopted, would have on small entities. The IRFA
describes (1) the action; (2) the reasons why this proposed rule is
proposed; (3) the objectives and legal basis for this proposed rule;
(4) the estimated number and description of directly regulated small
entities to which this proposed rule would apply; (5) the
recordkeeping, reporting, and other compliance requirements of this
proposed rule; and (6) the relevant Federal rules that may duplicate,
overlap, or conflict with this proposed rule. The IRFA also describes
significant alternatives to this proposed rule that would accomplish
the stated objectives
[[Page 84295]]
of the Magnuson-Stevens Act, and any other applicable statutes, and
that would minimize any significant economic impact of this proposed
rule on small entities. The description of the proposed action, its
purpose, and the legal basis are explained earlier in the preamble and
are not repeated here.
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
engaged in commercial fishing (NAICS code 11411) is classified as a
small business if it is independently owned and operated, is not
dominant in its field of operation (including its affiliates) and has
combined annual receipts not in excess of $11 million for all its
affiliated operations worldwide. A shoreside and mothership processor
primarily involved in seafood processing (NAICS code 311710) is
classified as a small business if it is independently owned and
operated, is not dominant in its field of operation (including its
affiliates), and has combined annual employment, counting all
individuals employed on a full-time, part-time, or other basis, not in
excess of 750 employees for all its affiliated operations worldwide.
Number and Description of Small Entities Regulated by This Proposed
Rule
The entities directly regulated by the groundfish harvest
specifications include: (1) entities operating vessels with groundfish
Federal fisheries permits (FFPs) catching FMP groundfish in Federal
waters (including those receiving direction allocations of groundfish);
(2) all entities operating vessels, regardless of whether they hold
groundfish FFPs, catching FMP groundfish in the State-waters parallel
fisheries; and (3) all entities operating vessels fishing for halibut
inside 3 nmi of the shore (whether or not they have FFPs). In 2022 (the
most recent year of complete data), there were 135 individual CVs and
CPs with gross revenues less than or equal to $11 million as well as 6
CDQ groups. This represents the potential suite of directly regulated
small entities. This includes an estimated 130 small CV and 2 small CP
entities in the BSAI groundfish sector. The determination of entity
size is based on vessel revenues and affiliated group revenues. This
determination also includes an assessment of fisheries cooperative
affiliations, although actual vessel ownership affiliations have not
been completely established. However, the estimate of these 130 CVs may
be an overstatement of the number of small entities. This latter group
of vessels had average gross revenues that varied by gear type. Average
gross revenues for hook-and-line CVs, pot gear CVs, and trawl gear CVs
are estimated to be $800,000, $1.5 million, and $2.7 million,
respectively. Average gross revenues for CP entities are confidential.
There are three AFA cooperative affiliated motherships, which appear to
fall under the 750-worker threshold and are therefore small entities.
The average gross revenues for the AFA motherships are confidential.
Description of Significant Alternatives That Minimize Adverse Impacts
on Small Entities
The action under consideration is the proposed 2024 and 2025
harvest specifications, apportionments, and prohibited species catch
limits for the groundfish fishery of the BSAI. This action is necessary
to establish harvest limits for groundfish during the 2024 and 2025
fishing years and is taken in accordance with the FMP prepared by the
Council pursuant to the Magnuson-Stevens Act. The establishment of the
proposed harvest specifications is governed by the Council and NMFS's
harvest strategy to govern the catch of groundfish in the BSAI. This
strategy was selected from among five alternatives, with the preferred
alternative harvest strategy being one in which the TACs fall within
the range of ABCs recommended by the SSC. Under the preferred harvest
strategy, TACs are set to a level that falls within the range of ABCs
recommended by the SSC, and the sum of the TACs must achieve the OY
specified in the FMP. While the specific numbers that the harvest
strategy produces may vary from year to year, the methodology used for
the preferred harvest strategy remains constant.
The TACs associated with the preferred harvest strategy are those
recommended by the Council in October 2023. OFLs and ABCs for the
species were based on recommendations prepared by the Council's Plan
Team in September 2023, and reviewed by the Council's SSC in October
2023. The Council based its TAC recommendations on those of its AP,
which were consistent with the SSC's OFL and ABC recommendations. The
sum of all TACs remains within the OY for the BSAI consistent with
Sec. 679.20(a)(1)(i)(A). Because setting all TACs equal to ABCs would
cause the sum of TACs to exceed an OY of 2 million mt, TACs for some
species or species groups are lower than the ABCs recommended by the
Plan Team and the SSC.
The proposed 2024 and 2025 OFLs and ABCs are based on the best
available biological information, including projected biomass trends,
information on assumed distribution of stock biomass, and revised
technical methods to calculate stock biomass. The proposed 2024 and
2025 TACs are based on the best available biological and socioeconomic
information. The proposed 2024 and 2025 OFLs, ABCs, and TACs are
consistent with the biological condition of groundfish stocks as
described in the 2022 SAFE report, which is the most recently completed
SAFE report.
Under this action, the proposed ABCs reflect harvest amounts that
are less than the specified overfishing levels. The proposed TACs are
within the range of proposed ABCs recommended by the SSC and do not
exceed the biological limits recommended by the SSC (the ABCs and
overfishing levels). For some species and species groups in the BSAI,
the Council recommended, and NMFS proposes, proposed TACs equal to
proposed ABCs, which is intended to maximize harvest opportunities in
the BSAI. However, NMFS cannot set TACs for all species in the BSAI
equal to their ABCs due to the constraining OY limit of 2 million mt.
For this reason, some proposed TACs are less than the proposed ABCs.
The specific reductions were reviewed and recommended by the Council's
AP, and the Council in turn adopted the AP's TAC recommendations in
making its own recommendations for the proposed 2024 and 2025 TACs.
Based upon the best scientific data available, and in consideration
of the objectives of this action, it appears that there are no
significant alternatives to the proposed rule that have the potential
to accomplish the stated objectives of the Magnuson-Stevens Act and any
other applicable statutes and that have the potential to minimize any
significant adverse economic impact of the proposed rule on small
entities. This action is economically beneficial to entities operating
in the BSAI, including small entities. The action proposes TACs for
commercially-valuable species in the BSAI and allows for the continued
prosecution of the fishery, thereby creating the opportunity for
fishery revenue. After public process during which the Council
solicited input from stakeholders, the Council recommended the proposed
harvest specifications, which NMFS determines would best accomplish the
stated objectives articulated in the preamble for this proposed rule,
and in applicable
[[Page 84296]]
statutes, and would minimize to the extent practicable adverse economic
impacts on the universe of directly regulated small entities.
This action does not modify recordkeeping or reporting
requirements, or duplicate, overlap, or conflict with any Federal
rules.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
Adverse impacts on marine mammals or endangered or threatened
species resulting from fishing activities conducted under these harvest
specifications are discussed in the Final EIS and its accompanying
annual SIRs (see ADDRESSES).
Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 1540(f); 16 U.S.C.
1801 et seq.; 16 U.S.C. 3631 et seq.; Pub. L. 105-277; Pub. L. 106-
31; Pub. L. 106-554; Pub. L. 108-199; Pub. L. 108-447; Pub. L. 109-
241; Pub. L. 109-479.
Dated: November 30, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023-26707 Filed 12-4-23; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on December 5, 2023.
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