Proposed Rule2023-26807
Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska; Proposed 2024 and 2025 Harvest Specifications for Groundfish
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Published
December 7, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes 2024 and 2025 harvest specifications, apportionments, and Pacific halibut prohibited species catch limits for the groundfish fishery of the Gulf of Alaska (GOA). This action is necessary to establish harvest limits for groundfish during the 2024 and 2025 fishing years and to accomplish the goals and objectives of the Fishery Management Plan for Groundfish of the Gulf of Alaska. 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those previously set in the final 2023 and 2024 harvest specifications, and the 2025 harvest specifications will be superseded in early 2025 when the final 2025 and 2026 harvest specifications are published.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 GOA 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 234 (Thursday, December 7, 2023)</title>
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[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Proposed Rules]
[Pages 85184-85203]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26807]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 231201-0284; RTID 0648-XD436]
Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of
Alaska; 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,
[[Page 85185]]
apportionments, and Pacific halibut prohibited species catch limits for
the groundfish fishery of the Gulf of Alaska (GOA). This action is
necessary to establish harvest limits for groundfish during the 2024
and 2025 fishing years and to accomplish the goals and objectives of
the Fishery Management Plan for Groundfish of the Gulf of Alaska. 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 GOA in
accordance with the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act).
DATES: Comments must be received by January 8, 2024.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2023-0133, by any 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-2023-0133 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. 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 will generally be posted 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 will be 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 GOA, dated December 2022, is
available from the North Pacific Fishery Management Council (Council)
at 1007 West Third, Suite 400, Anchorage, AK 99501-2252, 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 GOA will be available from the same source.
FOR FURTHER INFORMATION CONTACT: Abby Jahn, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the GOA groundfish fisheries in
the exclusive economic zone (EEZ) of the GOA under the Fishery
Management Plan for Groundfish of the Gulf of Alaska (FMP). The Council
prepared the FMP under the authority of the Magnuson-Stevens Act (16
U.S.C. 1801 et seq.). Regulations governing U.S. fisheries and
implementing the FMP appear at 50 CFR parts 600, 679, and 680.
The FMP and its implementing regulations require that NMFS, after
consultation with the Council, specify the total allowable catch (TAC)
for each target species, the sum of which must be within the optimum
yield (OY) range of 116,000 to 800,000 metric tons (mt) (Sec. Sec.
679.20(a)(1)(i)(B) and 679.20(a)(2)). Section 679.20(c)(1) further
requires NMFS to publish and solicit public comment on proposed annual
TACs and apportionments thereof for each target species, Pacific
halibut prohibited species catch (PSC) limits, and seasonal allowances
of pollock and Pacific cod. The proposed harvest specifications in
tables 1 through 19 of this rule satisfy these requirements. For 2024
and 2025, the sum of the proposed TAC amounts is 476,537 mt.
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 the 2024 and 2025 GOA Harvest Specifications
Pacific Cod Trawl Cooperative Program
NMFS published a final rule implementing Amendment 122 to the
Fishery Management Plan for Groundfish of the Bering Sea and Aleutian
Islands Management Area (BSAI) (88 FR 53704, August 8, 2023),
establishing the Pacific Cod Trawl Cooperative Program (PCTC Program)
to allocate BSAI Pacific cod quota share to qualifying groundfish
License Limitation Program (LLP) license holders and qualifying
processors. The PCTC Program is a limited access privilege program for
the harvest of Pacific cod in the BSAI trawl catcher vessel (CV)
sector.
The PCTC Program modifies existing GOA sideboard limits and
associated GOA halibut PSC limits for non-exempt American Fisheries Act
(AFA) CVs and LLP license holders and closes directed fishing where the
revised sideboard limits are too small to support a directed fishery.
All GOA non-exempt AFA CVs and associated AFA LLP licenses are
sideboarded in aggregate for all GOA groundfish fishing activity and
for GOA halibut PSC based on their GOA catch history during the
qualifying years 2009 through 2019, except when participating in the
Central Gulf of Alaska (CGOA) Rockfish Program. In addition, the ratio
used to apportion GOA halibut PSC limits is modified and the five
seasonal apportionments based on that sideboard ratio is reduced to a
single aggregate annual amount. Amendment 122 also closes directed
fishing to all GOA non-exempt AFA CVs and LLP licenses for the
following species categories: Southeast Outside (SEO) District of the
Eastern GOA pollock, Western GOA shallow-water flatfish, Central and
Eastern GOA deep-water flatfish, Central GOA dusky rockfish, and
Eastern GOA and Central GOA Pacific ocean perch. NMFS will no longer
publish AFA Program sideboard limits for these specific species or
species groups in the Federal Register as part of the annual groundfish
harvest specifications and instead Table 56 to 50 CFR part 679 lists
that directed fishing for these species is prohibited to non-exempt AFA
CVs. Amendment 122 and its implementing regulations affect the
calculation and establishment of the groundfish sideboard limits and
halibut PSC limits discussed below under American Fisheries Act (AFA)
Catcher/Processor and Catcher Vessel Groundfish Harvest and PSC Limits.
Proposed Acceptable Biological Catch (ABC) and TAC Specifications
In October 2023, the Council's Scientific and Statistical Committee
(SSC), its Advisory Panel (AP), and the Council reviewed the most
recent biological and harvest information about the condition of the
GOA groundfish stocks. The Council's GOA Groundfish
[[Page 85186]]
Plan Team (Plan Team) compiled and presented this information in the
final 2022 SAFE report for the GOA groundfish fisheries, dated December
2022 (see ADDRESSES). 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 GOA
ecosystem and the economic condition of the groundfish fisheries off
Alaska. The SAFE 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 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 ESR informs stock assessments
and is integrated in the annual harvest recommendations through
inclusion in stock assessment-specific risk tables. Also, the ESR
information provides context for the SSC's recommendations for
Overfishing Level (OFL) and ABC, 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.
The Plan Team, SSC, and Council also reviewed preliminary survey
data from 2023 surveys, updates on ecological and socioeconomic
profiles for certain species, summaries of potential changes to models
and methodologies, and preliminary revised ESRs. From these data and
analyses, the Plan Team recommends, and the SSC sets, an OFL and ABC
for each species and species group. The amounts proposed for the 2024
and 2025 OFLs and ABCs are based on the 2022 SAFE report. The AP and
Council recommended that the proposed 2024 and 2025 TACs be set equal
to proposed ABCs for all species and species groups, with the exception
of the species and species groups further discussed below. The proposed
OFLs, ABCs, and TACs could be changed in the final harvest
specifications depending on the most recent scientific information
contained in the final 2023 SAFE report. The individual stock
assessments that comprise, in part, the 2022 SAFE report are available
at <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 final
2023 SAFE report will be available from the same source.
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 public 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 used for producing stock assessments. At the September 2023 Plan
Team meeting, NMFS scientists presented updated and new survey results.
Scientists also discussed potential changes to assessment models, and
accompanying preliminary stock estimates. At the October 2023 Council
meeting, the SSC reviewed this information. Species and species groups
with proposed changes to assessment models include pollock, demersal
shelf rockfish, other rockfish, and shortraker rockfish. Model changes
may result in changes to final OFLs, ABCs, and TACs.
In November 2023, the Plan Team will consider updated survey
results and updated stock assessments for groundfish, which will be
included in the draft 2023 SAFE report. If the 2023 SAFE report
indicates that the stock biomass trend is increasing for a species,
then the final 2024 and 2025 harvest specifications for that species
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.
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 the tiers to be used to calculate OFLs and ABCs. The tier
applicable to a particular stock or stock complex is determined by the
level of reliable information available to the fisheries scientists.
This information is categorized into a successive series of six tiers
to define OFLs and ABCs, with Tier 1 representing the highest level of
information quality available and Tier 6 representing the lowest level
of information quality available. The Plan Team used the FMP tier
structure to calculate OFLs and ABCs for each groundfish species. The
SSC adopted the proposed 2024 and 2025 OFLs and ABCs recommended by the
Plan Team for all groundfish species. The proposed 2024 and 2025 TACs
are based on the best available biological and socioeconomic
information. In making its recommendations, the Council adopted the
SSC's OFL and ABC recommendations and the AP's TAC recommendations for
all groundfish species.
Specification and Apportionment of TAC Amounts
The combined Western and Central Regulatory Areas and the West
Yakutat (WYK) District of the Eastern Regulatory Area (the W/C/WYK)
pollock TAC and the GOA Pacific cod TACs are set to account for the
State of Alaska's (State) guideline harvest levels (GHL) for the State
waters pollock and Pacific cod fisheries so that the ABCs are not
exceeded. These reductions are described below. The shallow-water
flatfish TAC in the Western RegulatoryArea, arrowtooth flounder
[[Page 85187]]
TACs in the Western Regulatory Area and the SEO District, and flathead
sole TAC in the Western Regulatory Area are set to allow for increased
harvest opportunities for these target species while conserving the
halibut PSC limit for use in other fisheries. The Atka mackerel TAC is
set to accommodate incidental catch amounts (ICA) in other fisheries.
The other rockfish TAC in the SEO District of the Eastern Regulatory
Area is set to reduce the amount of discards of the species in that
complex.
NMFS's proposed apportionments of groundfish species are based on
the distribution of biomass among the regulatory areas over which NMFS
manages the species. Additional regulations govern the apportionment of
pollock, Pacific cod, and sablefish. Additional detail on
apportionments of pollock, Pacific cod, and sablefish are described
below.
The ABC for the pollock stock in the W/C/WYK Regulatory Area
accounts for the GHL established by the State for the Prince William
Sound (PWS) pollock fishery. The Plan Team, SSC, AP, and Council have
recommended that the sum of all State waters and Federal waters pollock
removals from the GOA not exceed ABC recommendations. At the November
2018 Plan Team meeting, State fisheries managers recommended setting
the future PWS GHL at 2.5 percent of the annual W/C/WYK pollock ABC.
For 2024 and 2025, this yields a PWS pollock GHL of 4,027 mt, an
increase of 8.17 percent from the 2023 PWS GHL of 3,723 mt. After
reductions for the PWS GHL, the remaining 2024 and 2025 pollock ABC for
the combined W/C/WYK areas is then apportioned among four statistical
areas (Areas 610, 620, 630, and 640) as both ABCs and TACs, as
described below and detailed in table 1. The total ABCs and TACs for
the four statistical areas, plus the State GHL, do not exceed the
combined W/C/WYK ABC. The proposed W/C/WYK 2024 and 2025 pollock ABC is
161,080 mt, and the proposed TAC is 157,053 mt.
Apportionments of pollock to the W/C/WYK management areas are
considered to be apportionments of annual catch limits (ACLs) rather
than apportionments of ABCs. This more accurately reflects that such
apportionments address management concerns, rather than biological or
conservation concerns. In addition, apportionments of the ACL in this
manner allow NMFS to balance any transfer of TAC among Areas 610, 620,
and 630 pursuant to Sec. 679.20(a)(5)(iv)(B) to ensure that the
combined W/C/WYK ACL, ABC, and TAC are not exceeded.
NMFS proposes pollock TACs in the Western (Area 610) and Central
(Areas 620 and 630) Regulatory Areas and the West Yakutat (Area 640)
and the SEO (Area 650) Districts of the GOA (see table 1). NMFS also
proposes seasonal apportionment of the annual pollock TAC in the
Western and Central Regulatory Areas of the GOA among Statistical Areas
610, 620, and 630. These apportionments are divided equally among the
following two seasons: the A season (January 20 through May 31) and the
B season (September 1 through November 1) (Sec. Sec. 679.23(d)(2) and
679.20(a)(5)(iv)). Additional detail is provided below; table 2 lists
these amounts.
The proposed 2024 and 2025 Pacific cod TACs are set to accommodate
the State's GHLs for Pacific cod in State waters in the Western and
Central Regulatory Areas, as well as in PWS (in the Eastern Regulatory
Area) (see table 1). The Plan Team, SSC, AP, and Council recommended
that the sum of all State waters and Federal waters Pacific cod
removals from the GOA not exceed ABC recommendations. Accordingly, the
Council recommended the 2024 and 2025 Pacific cod TACs in the Western,
Central, and Eastern Regulatory Areas to account for State GHLs.
Therefore, the proposed 2024 and 2025 Pacific cod TACs are less than
the proposed ABCs by the following amounts: (1) Western GOA, 2,062 mt;
(2) Central GOA, 3,414 mt; and (3) Eastern GOA, 539 mt. These amounts
reflect the State's 2024 and 2025 GHLs in these areas, which are 30
percent of the Western GOA proposed ABC, and 25 percent of the Eastern
and Central GOA proposed ABCs.
The Western and Central GOA Pacific cod TACs are allocated among
various gear and operational sectors. NMFS also establishes seasonal
apportionments of the annual Pacific cod TACs in the Western and
Central Regulatory Areas. The Pacific cod sector and seasonal
apportionments are discussed in detail in a subsequent section and in
table 4 of this rule.
The Council's recommendation for sablefish area apportionments
takes into account the prohibition on the use of trawl gear in the SEO
District of the Eastern Regulatory Area (Sec. 679.7(b)(1)) and makes
available 5 percent of the Eastern Regulatory Area (WYK and SEO
Districts combined) TAC to vessels using trawl gear for use as
incidental catch in other trawl groundfish fisheries in the WYK
District (Sec. 679.20(a)(4)(i)). Additional detail is provided below.
tables 5 and 6 list the proposed 2024 and 2025 allocations of the
sablefish TAC to fixed gear and trawl gear in the GOA.
For 2024 and 2025, the Council recommends, and NMFS proposes, the
OFLs, ABCs, and TACs listed in table 1. These 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 are
adjusted for other biological and socioeconomic considerations. The sum
of the proposed TACs for all GOA groundfish is 476,537 mt for 2024 and
2025, which is within the OY range specified by the FMP. These proposed
amounts and apportionments by area, season, and sector are subject to
change pending consideration of the 2023 SAFE report, public comment,
and the Council's recommendations for the final 2024 and 2025 harvest
specifications during its December 2023 meeting.
Table 1--Proposed 2024 and 2025 OFLs, ABCs, and TACs of Groundfish for the Western/Central/West Yakutat,
Western, Central, and Eastern Regulatory Areas, the West Yakutat and Southeast Outside Districts of the Eastern
Regulatory Area, and Gulfwide District of the Gulf of Alaska
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Species Area \1\ OFL ABC TAC \2\
----------------------------------------------------------------------------------------------------------------
Pollock \2\................................. Shumagin (610)................ n/a 29,156 29,156
Chirikof (620)................ n/a 83,283 83,283
Kodiak (630).................. n/a 36,478 36,478
WYK (640)..................... n/a 8,136 8,136
-----------------------------------
W/C/WYK (subtotal)......... 186,101 161,080 157,053
[[Page 85188]]
SEO (650)..................... 15,150 11,363 11,363
-----------------------------------
Total...................... 201,251 172,443 168,416
----------------------------------------------------------------------------------------------------------------
Pacific cod \3\............................. W............................. n/a 6,873 4,811
C............................. n/a 13,655 10,241
E............................. n/a 2,155 1,616
-----------------------------------
Total...................... 27,507 22,683 16,668
----------------------------------------------------------------------------------------------------------------
Sablefish \4\............................... W............................. n/a 4,626 4,626
C............................. n/a 8,819 8,819
WYK........................... n/a 2,669 2,669
SEO........................ n/a 4,981 4,981
-----------------------------------
Subtotal TAC............... n/a n/a 21,095
-----------------------------------
Total...................... 48,561 41,539 n/a
----------------------------------------------------------------------------------------------------------------
Shallow-water flatfish \5\.................. W............................. n/a 23,299 13,250
C............................. n/a 27,737 27,737
WYK........................... n/a 2,774 2,774
SEO........................... n/a 1,664 1,664
-----------------------------------
Total...................... 68,015 55,474 45,425
----------------------------------------------------------------------------------------------------------------
Deep-water flatfish \6\..................... W............................. n/a 255 255
C............................. n/a 2,068 2,068
WYK........................... n/a 1,383 1,383
SEO........................... n/a 2,013 2,013
-----------------------------------
Total...................... 6,802 5,719 5,719
----------------------------------------------------------------------------------------------------------------
Rex sole.................................... W............................. n/a 3,314 3,314
C............................. n/a 13,425 13,425
WYK........................... n/a 1,453 1,453
SEO........................... n/a 2,905 2,905
-----------------------------------
Total...................... 25,652 21,097 21,097
----------------------------------------------------------------------------------------------------------------
Arrowtooth flounder......................... W............................. n/a 30,093 14,500
C............................. n/a 64,200 64,200
WYK........................... n/a 7,789 7,789
SEO........................... n/a 15,932 6,900
-----------------------------------
Total...................... 141,008 118,014 93,389
----------------------------------------------------------------------------------------------------------------
Flathead sole............................... W............................. n/a 13,033 8,650
C............................. n/a 21,892 21,892
WYK........................... n/a 2,363 2,363
SEO........................... n/a 2,934 2,934
-----------------------------------
Total...................... 49,073 40,222 35,839
----------------------------------------------------------------------------------------------------------------
Pacific ocean perch \7\..................... W............................. n/a 2,461 2,461
C............................. n/a 29,138 29,138
WYK........................... n/a 1,333 1,333
W/C/WYK....................... 39,229 32,932 32,932
SEO........................... 3,888 3,264 3,264
-----------------------------------
Total...................... 43,117 36,196 36,196
----------------------------------------------------------------------------------------------------------------
Northern rockfish \8\....................... W............................. n/a 2,497 2,497
C............................. n/a 2,244 2,244
E............................. n/a .......... ..........
-----------------------------------
Total...................... 5,661 4,741 4,741
----------------------------------------------------------------------------------------------------------------
Shortraker rockfish \9\..................... W............................. n/a 51 51
C............................. n/a 280 280
[[Page 85189]]
E............................. n/a 374 374
-----------------------------------
Total...................... 940 705 705
----------------------------------------------------------------------------------------------------------------
Dusky rockfish \10\......................... W............................. n/a 141 141
C............................. n/a 7,264 7,264
WYK........................... n/a 85 85
SEO........................... n/a 30 30
-----------------------------------
Total...................... 9,154 7,520 7,520
----------------------------------------------------------------------------------------------------------------
Rougheye and blackspotted rockfish \11\..... W............................. n/a 180 180
C............................. n/a 231 231
E............................. n/a 361 361
-----------------------------------
Total...................... 927 772 772
----------------------------------------------------------------------------------------------------------------
Demersal shelf rockfish \12\................ SEO........................... 376 283 283
----------------------------------------------------------------------------------------------------------------
Thornyhead rockfish \13\.................... W............................. n/a 314 314
C............................. n/a 693 693
E............................. n/a 621 621
-----------------------------------
Total...................... 2,170 1,628 1,628
----------------------------------------------------------------------------------------------------------------
Other rockfish 14 15........................ W/C combined.................. n/a 940 940
WYK........................... n/a 370 370
SEO........................... n/a 2,744 300
-----------------------------------
Total...................... 5,320 4,054 1,610
----------------------------------------------------------------------------------------------------------------
Atka mackerel............................... GW............................ 6,200 4,700 3,000
----------------------------------------------------------------------------------------------------------------
Big skates \16\............................. W............................. n/a 591 591
C............................. n/a 1,482 1,482
E............................. n/a 794 794
-----------------------------------
Total...................... 3,822 2,867 2,867
----------------------------------------------------------------------------------------------------------------
Longnose skates \17\........................ W............................. n/a 151 151
C............................. n/a 2,044 2,044
E............................. n/a 517 517
-----------------------------------
Total...................... 3,616 2,712 2,712
----------------------------------------------------------------------------------------------------------------
Other skates \18\........................... GW............................ 1,311 984 984
Sharks...................................... GW............................ 6,521 4,891 4,891
Octopuses................................... GW............................ 1,307 980 980
-----------------------------------
Total................................... .............................. 658,311 550,224 476,537
----------------------------------------------------------------------------------------------------------------
\1\ Regulatory areas and districts are defined at Sec. 679.2. (W=Western Gulf of Alaska; C=Central Gulf of
Alaska; E=Eastern Gulf of Alaska; WYK=West Yakutat District; SEO=Southeast Outside District; GW=Gulfwide).
\2\ The total for the W/C/WYK Regulatory Areas pollock ABC is 161,080 mt. After deducting 2.5 percent (4,027 mt)
of that ABC for the State's pollock GHL fishery, the remaining pollock ABC of 157,053 mt (for the W/C/WYK
Regulatory Areas) is apportioned among four statistical areas (Areas 610, 620, 630, and 640). These
apportionments are considered subarea ACLs, rather than ABCs, for specification and reapportionment purposes.
The ACLs in Areas 610, 620, and 630 are further divided by season, as detailed in table 2 (proposed 2024 and
2025 seasonal biomass distribution of pollock in the Western and Central Regulatory Areas, area
apportionments, and seasonal allowances). In the West Yakutat (Area 640) and Southeast Outside (Area 650)
Districts of the Eastern Regulatory Area, pollock is not divided into seasonal allowances.
\3\ The annual Pacific cod TAC is apportioned, after seasonal apportionment to the jig sector, as follows: (1)
63.84 percent to the A season and 36.16 percent to the B season and (2) 64.16 percent to the A season and
35.84 percent to the B season in the Western and Central Regulatory Areas of the GOA, respectively. The
Pacific cod TAC in the Eastern Regulatory Area of the GOA is allocated 90 percent to vessels harvesting
Pacific cod for processing by the inshore component and 10 percent to vessels harvesting Pacific cod for
processing by the offshore component. Table 4 lists the proposed 2024 and 2025 Pacific cod seasonal
apportionments and sector allocations.
\4\ The sablefish OFL and ABC are set Alaska-wide (48,561 mt and 41,539 mt, respectively) and the GOA sablefish
TAC is 21,095 mt. Tables 5 and 6 list the proposed 2024 and 2025 allocations of sablefish TACs.
\5\ ``Shallow-water flatfish'' means flatfish not including ``deep-water flatfish,'' flathead sole, rex sole, or
arrowtooth flounder.
\6\ ``Deep-water flatfish'' means Dover sole, Greenland turbot, Kamchatka flounder, and deepsea sole.
\7\ ``Pacific ocean perch'' means Sebastes alutus.
\8\ ``Northern rockfish'' means Sebastes polyspinous. For management purposes, the one mt apportionment of ABC
to the WYK District of the Eastern Regulatory Area has been included in the other rockfish species group.
\9\ ``Shortraker rockfish'' means Sebastes borealis.
[[Page 85190]]
\10\ ``Dusky rockfish'' means Sebastes variabilis.
\11\ ``Rougheye and blackspotted rockfish'' means Sebastes aleutianus (rougheye) and Sebastes melanostictus
(blackspotted).
\12\ ``Demersal shelf rockfish'' means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper),
S. maliger (quillback), S. helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye).
\13\ ``Thornyhead rockfish'' means Sebastolobus spp.
\14\ ``Other rockfish'' means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio),
S. goodei (chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), S. variegatus (harlequin), S.
wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S. zacentrus (sharpchin), S. jordani
(shortbelly), S. brevispinis (silvergray), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus
(vermilion), S. reedi (yellowmouth), S. entomelas (widow), and S. flavidus (yellowtail). In the Eastern GOA
only, other rockfish also includes northern rockfish (S. polyspinous).
\15\ Other rockfish in the Western and Central Regulatory Areas and in the West Yakutat District of the Eastern
Regulatory Area means all rockfish species included in the other rockfish and demersal shelf rockfish
categories. The other rockfish species group in the SEO District only includes other rockfish.
\16\ ``Big skates'' means Beringraja binoculata.
\17\ ``Longnose skates'' means Raja rhina.
\18\ ``Other skates'' means Bathyraja spp.
Proposed Apportionment of Reserves
Section 679.20(b)(2) requires NMFS to set aside 20 percent of each
TAC for pollock, Pacific cod, flatfish, sharks, and octopuses in
reserve for possible apportionment at a later date during the fishing
year. Section 679.20(b)(3) authorizes NMFS to reapportion all or part
of these reserves. In 2023, NMFS reapportioned all of the reserves in
the final harvest specifications. For 2024 and 2025, NMFS proposes
reapportionment of each of the reserves for pollock, Pacific cod,
flatfish, sharks, and octopuses back into the original TAC from which
the reserve was derived. NMFS expects, based on recent harvest
patterns, that such reserves will not be necessary and that the entire
TAC for each of these species will be caught or are needed to promote
efficient fisheries. The TACs in table 1 reflect this proposed
reapportionment of reserve amounts to the original TAC for these
species and species groups, i.e., each proposed TAC for the above-
mentioned species or species groups contains the full TAC recommended
by the Council.
Proposed Apportionments of Pollock TAC Among Seasons and Regulatory
Areas, and Allocations for Processing by Inshore and Offshore
Components
In the GOA, pollock is apportioned by season and area, and is
further allocated for processing by inshore and offshore components.
Pursuant to Sec. 679.20(a)(5)(iv)(B), the annual pollock TAC specified
for the Western and Central Regulatory Areas of the GOA is apportioned
into two seasonal allowances of 50 percent. As established by Sec.
679.23(d)(2), the A and B season allowances are available from January
20 through May 31 and September 1 through November 1, respectively.
The GOA pollock stock assessment continues to use a four-season
methodology to determine pollock distribution in the Western and
Central Regulatory Areas of the GOA to maintain continuity in the
historical pollock apportionment time-series. Pollock TACs in the
Western and Central Regulatory Areas of the GOA are apportioned among
Statistical Areas 610, 620, and 630 in proportion to the distribution
of pollock biomass determined by the most recent NMFS surveys, pursuant
to Sec. 679.20(a)(5)(iv)(A). The pollock chapter of the 2022 SAFE
report (see ADDRESSES) contains a comprehensive description of the
apportionment and reasons for the minor changes from past
apportionments. For purposes of specifying pollock between two seasons
for the Western and Central Regulatory Areas of the GOA, NMFS has
summed the A and B season apportionments and the C and D season
apportionments as calculated in the 2022 GOA pollock assessment. This
yields the seasonal amounts specified for the A season and the B
season, respectively.
Within any fishing year, the amount by which a seasonal allowance
is underharvested or overharvested may be added to, or subtracted from,
subsequent seasonal allowances in a manner to be determined by the
Regional Administrator (Sec. 679.20(a)(5)(iv)(B)). The rollover amount
is limited to 20 percent of the subsequent seasonal TAC apportionment
for the statistical area. Any unharvested pollock above the 20-percent
limit could be further distributed to the subsequent season in the
other statistical areas, in proportion to the estimated biomass of the
subsequent season and in an amount no more than 20 percent of the
seasonal TAC apportionment in those statistical areas (Sec.
679.20(a)(5)(iv)(B)). The proposed 2024 and 2025 pollock TACs in the
WYK District of 8,136 mt and the SEO District of 11,363 mt are not
allocated by season.
Table 2 lists the proposed 2024 and 2025 area apportionments and
seasonal allowances of pollock in the Western and Central Regulatory
Areas. The amounts of pollock for processing by the inshore and
offshore components are not shown. Section 679.20(a)(6)(i) requires
allocation of 100 percent of the pollock TAC in all regulatory areas
and all seasonal allowances to vessels catching pollock for processing
by the inshore component after subtraction of amounts projected by the
Regional Administrator to be caught by, or delivered to, the offshore
component incidental to directed fishing for other groundfish species.
Thus, the amount of pollock available for harvest by vessels harvesting
pollock for processing by the offshore component is the amount that
will be taken as incidental catch during directed fishing for
groundfish species other than pollock, up to the maximum retainable
amounts allowed by Sec. 679.20(e) and (f). At this time, these ICAs of
pollock are unknown and will be determined during the fishing year
during the course of fishing activities by the offshore component.
Table 2--Proposed 2024 and 2025 Distribution of Pollock in the Central and Western Regulatory Areas of the Gulf
of Alaska; Area Apportionments; and Seasonal Allowances of Annual TAC \1\
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Shumigan (Area Chirikof (Area Kodiak (Area
Season \2\ 610) 620) 630) Total \3\
----------------------------------------------------------------------------------------------------------------
A (January 20-May 31)........................... 1,823 62,771 9,864 74,459
B (September 1-November 1)...................... 27,333 20,511 26,614 74,459
---------------------------------------------------------------
[[Page 85191]]
Annual Total................................ 29,156 83,283 36,478 148,917
----------------------------------------------------------------------------------------------------------------
\1\ Area apportionments and seasonal allowances may not total precisely due to rounding.
\2\ As established by Sec. 679.23(d)(2), the A and B season allowances are available from January 20 through
May 31 and September 1 through November 1, respectively. The amounts of pollock for processing by the inshore
and offshore components are not shown in this table.
\3\ The West Yakutat and Southeast Outside District pollock TACs are not allocated by season and are not
included in the total pollock TACs shown in this table.
Proposed Annual and Seasonal Apportionments of Pacific Cod TAC
Pursuant to Sec. 679.20(a)(12)(i), NMFS proposes allocations for
the 2024 and 2025 Pacific cod TACs in the Western and Central
Regulatory Areas of the GOA among gear and operational sectors. NMFS
also proposes seasonal apportionments of the Pacific cod TACs in the
Western and Central Regulatory Areas. A portion of the annual TAC is
apportioned to the A season for hook-and-line, pot, and jig gear from
January 1 through June 10, and for trawl gear from January 20 through
June 10. The remainder of the annual TAC is apportioned to the B season
for jig gear from June 10 through December 31, for hook-and-line and
pot gear from September 1 through December 31, and for trawl gear from
September 1 through November 1 (Sec. Sec. 679.23(d)(3) and
679.20(a)(12)). NMFS also proposes allocating the 2024 and 2025 Pacific
cod TACs annually between the inshore (90 percent) and offshore (10
percent) components in the Eastern Regulatory Area of the GOA (Sec.
679.20(a)(6)(ii)).
In the Western GOA, the Pacific cod TAC is apportioned seasonally
first to vessels using jig gear, and then among CVs using hook-and-line
gear, catcher/processors (CP) using hook-and-line gear, CVs using trawl
gear, CPs using trawl gear, and vessels using pot gear (Sec.
679.20(a)(12)(i)(A)). In the Central GOA, the Pacific cod TAC is
apportioned seasonally first to vessels using jig gear, and then among
CVs less than 50 feet (15.2 meters (m)) in length overall using hook-
and-line gear, CVs equal to or greater than 50 feet (15.2 m) in length
overall using hook-and-line gear, CPs using hook-and-line gear, CVs
using trawl gear, CPs using trawl gear, and vessels using pot gear
(Sec. 679.20(a)(12)(i)(B)). For 2024 and 2025, NMFS proposes
apportioning the jig sector allocations for the Western and Central GOA
between the A season (60 percent) and the B season (40 percent) (Sec.
679.20(a)(12)(i)). Excluding seasonal apportionments to the jig gear
sector, NMFS proposes apportioning the remainder of the annual Pacific
cod TACs as follows: the seasonal apportionments of the annual TAC in
the Western GOA are 63.84 percent to the A season and 36.16 percent to
the B season, and in the Central GOA are 64.16 percent to the A season
and 35.84 percent to the B season.
Under Sec. 679.20(a)(12)(ii), any overage or underage of the
Pacific cod allowance from the A season may be subtracted from, or
added to, the subsequent B season allowance. In addition, any portion
of the hook-and-line, trawl, pot, or jig sector allocations that is
determined by NMFS as likely to go unharvested by a sector may be
reallocated to other sectors for harvest during the remainder of the
fishing year.
Pursuant to Sec. 679.20(a)(12)(i)(A) and (B), a portion of the
annual Pacific cod TACs in the Western and Central GOA will be
allocated to vessels with a Federal fisheries permit that use jig gear
before the TACs are apportioned among other non-jig sectors. In
accordance with the FMP, the annual jig sector allocations may increase
to up to 6 percent of the annual Western and Central GOA Pacific cod
TACs, depending on the annual performance of the jig sector (see table
1 of Amendment 83 to the FMP for a detailed discussion of the jig
sector allocation process (76 FR 74670, December 1, 2011)). Jig sector
allocation increases are established for a minimum of 2 years.
NMFS has evaluated the historical harvest performance of the jig
sector in the Western and Central GOA, and is proposing the 2024 and
2025 Pacific cod apportionments to this sector based on its historical
harvest performance through 2022. For 2024 and 2025, NMFS proposes that
the jig sector receive 2.5 percent of the annual Pacific cod TAC in the
Western GOA. The 2024 and 2025 allocations consist of a base allocation
of 1.5 percent of the Western GOA Pacific cod TAC and a harvest
performance increase of 1.0 percent. For 2024 and 2025, NMFS also
proposes that the jig sector receive 1.0 percent of the annual Pacific
cod TAC in the Central GOA. The 2024 and 2025 allocations consist of a
base allocation of 1.0 percent and no additional performance increases.
The 2014 through 2023 Pacific cod jig allocations, catch, and percent
allocation changes are listed in table 3 (and, as explained below, NMFS
will update the 2023 summary once the fishing year is complete).
Table 3--Summary of Western GOA and Central GOA Pacific Cod Catch by Jig Gear in 2014 Through 2023, and Corresponding Percent Allocation Changes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Initial Initial Percent of
Area Year percent of TAC Catch (mt) initial >90% of initial Change to percent
TAC allocation allocation allocation? allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Western GOA........................... 2014 2.5 573 785 137 Y..................... Increase 1%.
2015 3.5 948 55 6 N..................... None.
2016 3.5 992 52 5 N..................... Decrease 1%.
2017 2.5 635 49 8 N..................... Decrease 1%.
2018 1.5 125 121 97 Y..................... Increase 1%.
2019 2.5 134 134 100 Y..................... Increase 1%.
2020 \1\ n/a
2021 3.5 195 26 13 N..................... None.
2022 3.5 243 2 1 N..................... Decrease 1%.
[[Page 85192]]
2023 2.5 131 131 101 Y..................... Increase 1%.
Central GOA........................... 2014 2.0 797 262 33 N..................... Decrease 1%.
2015 1.0 460 355 77 N..................... None.
2016 1.0 370 267 72 N..................... None.
2017 1.0 331 18 6 N..................... None.
2018 1.0 61 0 0 N..................... None.
2019 1.0 58 30 52 N..................... None.
2020 \1\ n/a
2021 1.0 102 26 26 N..................... None.
2022 1.0 113 3 3 N..................... None.
2023 1.0 111 246 222 Y..................... Increase 1%.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ NMFS did not evaluate the 2020 performance of the jig sectors in the Western and Central GOA because NMFS prohibited directed fishing for all
Pacific cod sectors in 2020 (84 FR 70438, December 23, 2019).
NMFS will re-evaluate the annual 2023 harvest performance of the
jig sector in the Western and Central GOA when the 2023 fishing year is
complete to determine whether to change the jig sector allocations
proposed by this action in conjunction with the final 2024 and 2025
harvest specifications. The current catch through October 2023 by the
Western and Central GOA jig sectors indicates that the Pacific cod
allocation percentage to these sectors would each increase by 1
percent. Table 4 lists the seasonal apportionments and allocations of
the proposed 2024 and 2025 Pacific cod TACs.
Table 4--Proposed 2024 and 2025 Seasonal Apportionments and Allocations of Pacific Cod TAC Amounts in the GOA;
Allocations to the Western GOA and Central GOA Sectors, and the Eastern GOA Inshore and Offshore Processing
Components
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
A Season B Season
---------------------------------------------------------------
Annual Sector Sector
Regulatory area and sector allocation percentage of Seasonal percentage of Seasonal
(mt) annual non-jig allowances annual non-jig allowances
TAC (mt) TAC (mt)
----------------------------------------------------------------------------------------------------------------
Western GOA:
Jig (2.5% of TAC)........... 120 N/A 72 N/A 48
Hook-and-line CV............ 66 0.7 33 0.70 33
Hook-and-line CP............ 929 10.9 511 8.90 417
Trawl CV.................... 1,801 31.54 1,479 6.86 322
Trawl CP.................... 113 0.9 42 1.50 70
Pot CV and Pot CP........... 1,783 19.80 929 18.20 854
-------------------------------------------------------------------------------
Total................... 4,811 63.84 3,067 36.16 1,744
Central GOA:
Jig (1.0% of TAC)........... 102 N/A 61 N/A 41
Hook-and-line <50 CV........ 1,481 9.32 944 5.29 536
Hook-and-line >=50 CV....... 680 5.61 569 1.10 111
Hook-and-line CP............ 518 4.11 416 0.9975 101
Trawl CV \1\................ 4,216 25.29 2,564 16.29 1,652
Trawl CP.................... 426 2.00 203 2.19 222
Pot CV and Pot CP........... 2,819 17.83 1,808 9.98 1,011
Total................... 10,241 64.16 6,566 35.84 3,675
---------------------------------------------------------------
Eastern GOA..................... .............. Inshore (90% of annual TAC)
Offshore (10% of annual TAC)
---------------------------------------------------------------
1,616 1,455
162
----------------------------------------------------------------------------------------------------------------
\1\ Trawl catcher vessels participating in Rockfish Program cooperatives receive 3.81 percent, or 390 mt, of the
annual Central GOA Pacific cod TAC (see Table 28c to 50 CFR part 679). This apportionment is deducted from the
Trawl CV B season allowance (see Table 9: Proposed 2024 and 2025 Apportionments of Rockfish Secondary Species
in the Central GOA and Table 28c to 50 CFR part 679).
Proposed Allocations of the Sablefish TAC Amounts to Vessels Using
Fixed Gear and Trawl Gear
Section 679.20(a)(4)(i) and (ii) requires allocations of sablefish
TACs for each of the regulatory areas and districts to fixed and trawl
gear. In the Western and Central Regulatory Areas, 80 percent of each
TAC is allocated to fixed gear, and 20 percent of each TAC is allocated
to trawl gear. In the Eastern Regulatory Area, 95 percent of the TAC is
allocated to fixed gear, and 5 percent is allocated to trawl gear. The
trawl gear allocation in the Eastern Regulatory Area may be used only
to support incidental catch of sablefish while directed fishing for
other target species using trawl gear (Sec. 679.20(a)(4)(i)).
In recognition of the prohibition against trawl gear in the SEO
District of
[[Page 85193]]
the Eastern Regulatory Area, the Council recommended, and NMFS
proposes, specifying for incidental catch the allocation of 5 percent
of the Eastern Regulatory Area sablefish (WYK and SEO Districts
combined) TAC to trawl gear in the WYK District of the Eastern
Regulatory Area. The remainder of the WYK District sablefish TAC is
allocated to vessels using fixed gear. This proposed action allocates
100 percent of the sablefish TAC in the SEO District to vessels using
fixed gear. This results in proposed 2024 allocations of 383 mt to
trawl gear and 2,287 mt to fixed gear in the WYK District, and a
proposed 2024 allocation of 4,981 mt to fixed gear in the SEO District.
table 5 lists the allocations of the proposed 2024 sablefish TACs to
fixed and trawl gear. Table 6 lists the allocations of the proposed
2025 sablefish TACs to trawl gear.
The Council recommended that the trawl sablefish TAC be established
for 2 years so that retention of incidental catch of sablefish by trawl
gear could commence in January in the second year of the groundfish
harvest specifications. Tables 5 and 6 list the proposed 2024 and 2025
trawl allocations, respectively.
The Council also recommended that the fixed gear sablefish TAC be
established annually to ensure that the sablefish individual fishing
quota (IFQ) fishery is conducted concurrently with the halibut IFQ
fishery and is based on the most recent survey information. Since there
is an annual assessment for sablefish and since the final harvest
specifications are expected to be published before the IFQ season
begins (typically, in early March), the Council recommended that the
fixed gear sablefish TAC be set annually, rather than for 2 years.
Accordingly, table 5 lists the proposed 2024 fixed gear allocations,
and the 2025 fixed gear allocations will be specified in the 2025 and
2026 harvest specifications.
With the exception of the trawl allocations that are provided to
the Rockfish Program (see Table 28c to 50 CFR part 679), directed
fishing for sablefish with trawl gear is closed during the fishing
year. Also, fishing for groundfish with trawl gear is prohibited prior
to January 20 (Sec. 679.23(c)). Therefore, it is not likely that the
sablefish allocation to trawl gear would be reached before the
effective date of the final 2024 and 2025 harvest specifications.
Table 5--Proposed 2024 Sablefish TAC Amounts in the Gulf of Alaska and Allocations to Fixed and Trawl Gear
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Fixed gear
Area/district TAC allocation Trawl allocation
----------------------------------------------------------------------------------------------------------------
Western............................................... 4,626 3,701 925
Central \1\........................................... 8,819 7,055 1,764
West Yakutat \2\...................................... 2,669 2,287 383
Southeast Outside..................................... 4,981 4,981 0
---------------------------------------------------------
Total............................................. 21,095 18,024 3,072
----------------------------------------------------------------------------------------------------------------
\1\ The proposed trawl allocation of sablefish to the Central Regulatory Area is further apportioned to the
Rockfish Program cooperatives (907 mt). See Table 9: Proposed 2024 and 2025 Apportionments of Rockfish
Secondary Species in the Central GOA. This results in 856 mt being available for the non-Rockfish Program
trawl fisheries.
\2\ The proposed trawl allocation is based on allocating 5 percent of the Eastern Regulatory Area (West Yakutat
and Southeast Outside Districts combined) sablefish TAC as incidental catch to trawl gear in the West Yakutat
District.
Table 6--Proposed 2025 Sablefish TAC Amounts in the Gulf of Alaska and Allocation to Trawl Gear \1\
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Fixed gear
Area/district TAC allocation Trawl allocation
----------------------------------------------------------------------------------------------------------------
Western............................................... 4,626 n/a 925
Central \2\........................................... 8,819 n/a 1,764
West Yakutat \3\...................................... 2,669 n/a 383
Southeast Outside..................................... 4,981 n/a 0
---------------------------------------------------------
Total............................................. 21,095 n/a 3,072
----------------------------------------------------------------------------------------------------------------
\1\ The Council recommended that the proposed 2025 harvest specifications for the fixed gear sablefish
Individual Fishing Quota fisheries not be specified in the 2024 and 2025 harvest specifications.
\2\ The proposed trawl allocation of sablefish to the Central Regulatory Area is further apportioned to the
Rockfish Program cooperatives (907 mt). See Table 9: Proposed 2024 and 2025 Apportionments of Rockfish
Secondary Species in the Central GOA. This results in 856 mt being available for the non-Rockfish Program
trawl fisheries.
\3\ The proposed trawl allocation is based on allocating 5 percent of the Eastern Regulatory Area (West Yakutat
and Southeast Outside Districts combined) sablefish TAC as incidental catch to trawl gear in the West Yakutat
District.
Proposed Allocations, Apportionments, and Sideboard Limitations for the
Rockfish Program
These proposed 2024 and 2025 harvest specifications for the GOA
include the fishery cooperative allocations and sideboard limitations
established by the Rockfish Program. Program participants are primarily
trawl CVs and trawl CPs, with limited participation by vessels using
longline gear. The Rockfish Program assigns quota share and cooperative
quota to trawl participants for primary species (Pacific ocean perch,
northern rockfish, and dusky rockfish) and secondary species (Pacific
cod, rougheye rockfish, sablefish, shortraker rockfish, and thornyhead
rockfish), allows a participant holding a LLP license with rockfish
quota share to form a rockfish cooperative with other persons, and
allows holders of CP LLP licenses to opt out of the fishery. The
Rockfish Program also has an entry level fishery for rockfish primary
species for vessels using longline gear. Longline gear includes hook-
and-line, jig, troll, and handline gear.
Under the Rockfish Program, rockfish primary species in the Central
GOA are allocated to participants after deducting
[[Page 85194]]
for incidental catch needs in other directed fisheries (Sec.
679.81(a)(2)). Participants in the Rockfish Program also receive a
portion of the Central GOA TAC of specific secondary species. In
addition to groundfish species, the Rockfish Program allocates a
portion of the halibut PSC limit (191 mt) from the third season deep-
water species fishery allowance for the GOA trawl fisheries to Rockfish
Program participants (Sec. 679.81(d) and Table 28d to 50 CFR part
679). The Rockfish Program also establishes sideboard limits to
restrict the ability of harvesters operating under the Rockfish Program
to increase their participation in other, non-Rockfish Program
fisheries. These restrictions and halibut PSC limits are discussed in
the Rockfish Program Groundfish Sideboard and Halibut PSC Limitations
section of this rule.
Section 679.81(a)(2)(ii) and Table 28e to 50 CFR part 679 require
allocations of 5 mt of Pacific ocean perch, 5 mt of northern rockfish,
and 50 mt of dusky rockfish to the entry level longline fishery in 2024
and 2025. The allocations of primary species to the entry level
longline fishery may increase incrementally each year if the catch
exceeds 90 percent of the allocation of a species. The incremental
increase in the allocations would continue each year until reaching the
maximum percentage of the TAC for that species. In 2023, the catch for
all three primary species did not exceed 90 percent of any allocated
rockfish species. Therefore, NMFS is not proposing any increases to the
entry level longline fishery 2024 and 2025 allocations in the Central
GOA. The remainder of the TACs for the rockfish primary species, after
subtracting the ICAs, would be allocated to the CV and CP cooperatives
(Sec. 679.81(a)(2)(iii)). Table 7 lists the allocations of the
proposed 2024 and 2025 TACs for each rockfish primary species to the
entry level longline fishery, the potential incremental increases for
future years, and the maximum percentage allocations of the TACs of the
rockfish primary species to the entry level longline fishery.
Table 7--Proposed 2024 and 2025 Allocations of Rockfish Primary Species to the Entry Level Longline Fishery in
the Central Gulf of Alaska
----------------------------------------------------------------------------------------------------------------
Incremental
increase in 2025
Proposed 2024 and if >90 percent of Up to maximum
Rockfish primary species 2025 allocations 2024 allocation is percent of each
(metric tons) harvested (metric TAC of
tons)
----------------------------------------------------------------------------------------------------------------
Pacific ocean perch................................. 5 5 1
Northern rockfish................................... 5 5 2
Dusky rockfish...................................... 50 20 5
----------------------------------------------------------------------------------------------------------------
Section 679.81 requires allocations of rockfish primary species
among various sectors of the Rockfish Program. Table 8 lists the
proposed 2024 and 2025 allocations of rockfish primary species in the
Central GOA to the entry level longline fishery and rockfish CV and CP
cooperatives in the Rockfish Program. NMFS also proposes setting aside
ICAs for other directed fisheries in the Central GOA of 3,000 mt of
Pacific ocean perch, 300 mt of northern rockfish, and 250 mt of dusky
rockfish. These amounts are based on recent average incidental catches
in the Central GOA by other groundfish fisheries.
Allocations among vessels belonging to CV or CP cooperatives are
not included in these proposed harvest specifications. Rockfish Program
applications for CV cooperatives and CP cooperatives are not due to
NMFS until March 1 of each calendar year; therefore, NMFS cannot
calculate 2024 and 2025 allocations in conjunction with these proposed
harvest specifications. NMFS will announce the 2024 allocations after
March 1.
Table 8--Proposed 2024 and 2025 Allocations of Rockfish Primary Species in the Central Gulf of Alaska to the
Entry Level Longline Fishery and Rockfish Cooperatives in the Rockfish Program
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Incidental Allocation to Allocation to
Central GOA catch TAC minus the entry the rockfish
Rockfish primary species TAC allowance ICA level longline cooperatives
(ICA) \1\ fishery \2\
----------------------------------------------------------------------------------------------------------------
Pacific ocean perch...................... 29,138 3,000 26,138 5 26,133
Northern rockfish........................ 2,244 300 1,944 5 1,939
Dusky rockfish........................... 7,264 250 7,014 50 6,964
----------------------------------------------------------------------
Total................................ 38,646 3,550 35,096 60 35,036
----------------------------------------------------------------------------------------------------------------
\1\ Longline gear includes hook-and-line, jig, troll, and handline gear (50 CFR 679.2).
\2\ Rockfish cooperatives include vessels in CV and CP cooperatives (50 CFR 679.81).
Section 679.81(c) and Table 28c to 50 CFR part 679 requires
allocations of rockfish secondary species to CV and CP cooperatives in
the Central GOA. CV cooperatives receive allocations of Pacific cod,
sablefish from the trawl gear allocation, and thornyhead rockfish. CP
cooperatives receive allocations of sablefish from the trawl gear
allocation, rougheye and blackspotted rockfish, shortraker rockfish,
and thornyhead rockfish. Table 9 lists the apportionments of the
proposed 2024 and 2025 TACs of rockfish secondary species in the
Central GOA to CV and CP cooperatives.
[[Page 85195]]
Table 9--Proposed 2024 and 2025 Apportionments of Rockfish Secondary Species in the Central GOA to Catcher
Vessel and Catcher/Processor Cooperatives
[Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
Catcher vessel cooperatives Catcher/processor cooperatives
Central GOA ---------------------------------------------------------------
Rockfish secondary species annual TAC Percentage of Apportionment Percentage of Apportionment
TAC (mt) TAC (mt)
----------------------------------------------------------------------------------------------------------------
Pacific cod..................... 10,241 3.81 390 0.00 ..............
Sablefish....................... 8,819 6.78 598 3.51 310
Shortraker rockfish............. 280 0.00 0 40.00 112
Rougheye and blackspotted 231 0.00 0 58.87 136
rockfish.......................
Thornyhead rockfish............. 693 7.84 54 26.50 184
----------------------------------------------------------------------------------------------------------------
Halibut PSC Limits
Section 679.21(d) establishes annual halibut PSC limit
apportionments to trawl and hook-and-line gear, and authorizes the
establishment of apportionments for pot gear. In October 2023, the
Council recommended, and NMFS proposes, halibut PSC limits of 1,705 mt
for trawl gear, 257 mt for hook-and-line gear, and 9 mt for the
demersal shelf rockfish (DSR) fishery in the SEO District for both 2024
and 2025.
The DSR fishery in the SEO District is defined at Sec.
679.21(d)(2)(ii)(A). This fishery is apportioned 9 mt of the halibut
PSC limit in recognition of its small-scale harvests of groundfish
(Sec. 679.21(d)(2)(i)(A)). The separate halibut PSC limit for the DSR
fishery is intended to prevent that fishery from being impacted from
the halibut PSC incurred by other GOA fisheries. NMFS estimates low
halibut bycatch in the DSR fishery because (1) the duration of the DSR
fisheries and the gear soak times are short; (2) the DSR fishery occurs
in the winter when there is less overlap in the distribution of DSR and
halibut; and (3) the directed commercial DSR fishery has a low DSR TAC.
The Alaska Department of Fish and Game sets the commercial GHL for the
DSR fishery after deducting (1) estimates of DSR incidental catch in
all fisheries (including halibut and subsistence); and (2) the
allocation to the DSR sport fish fishery. In 2023, the commercial
fishery for DSR was closed due to concerns about declining DSR biomass.
The FMP authorizes the Council to exempt specific gear from the
halibut PSC limits. NMFS, after consultation with the Council, proposes
to exempt pot gear, jig gear, and the sablefish IFQ hook-and-line gear
fishery categories from the non-trawl halibut PSC limit for 2024 and
2025. The Council recommended, and NMFS is proposing, these exemptions
because (1) pot gear fisheries have low annual halibut bycatch
mortality; (2) IFQ program regulations prohibit discard of halibut if
any halibut IFQ permit holder on board a CV holds unused halibut IFQ
for that vessel category and the IFQ regulatory area in which the
vessel is operating (Sec. 679.7(f)(11)); (3) some sablefish IFQ permit
holders hold halibut IFQ permits and are therefore required to retain
the halibut they catch while fishing sablefish IFQ; and (4) NMFS
estimates negligible halibut mortality for the jig gear fisheries given
the small amount of groundfish harvested by jig gear, the selective
nature of jig gear, and the high survival rates of halibut caught and
released with jig gear.
The best available information on estimated halibut bycatch
consists of data collected by fisheries observers during 2023. The
calculated halibut bycatch mortality through November 8, 2023 is 292 mt
for trawl gear and 23 mt for hook-and-line gear, for a total halibut
mortality of 271 mt. This halibut mortality was calculated using
groundfish and IFQ halibut catch data from the NMFS Alaska Region's
catch accounting system. This accounting system contains historical and
recent catch information compiled from each Alaska groundfish and IFQ
halibut fishery.
Section 679.21(d)(4)(i) and (ii) authorizes NMFS to seasonally
apportion the halibut PSC limits after consultation with the Council.
The FMP and regulations require that the Council and NMFS consider the
following information in seasonally apportioning halibut PSC limits:
(1) seasonal distribution of halibut; (2) seasonal distribution of
target groundfish species relative to halibut distribution; (3)
expected halibut bycatch needs on a seasonal basis relative to changes
in halibut biomass and expected catch of target groundfish species; (4)
expected bycatch rates on a seasonal basis; (5) expected changes in
directed groundfish fishing seasons; (6) expected actual start of
fishing effort; and (7) economic effects of establishing seasonal
halibut allocations on segments of the target groundfish industry.
Based on public comment, information presented in the 2023 SAFE report,
NMFS catch data, State catch data, and International Pacific Halibut
Commission (IPHC) stock assessment and mortality data, the Council may
recommend, or NMFS may make changes, to the seasonal, gear-type, or
fishery category apportionments of halibut PSC limits for the final
2024 and 2025 harvest specifications pursuant to Sec. 679.21(d)(1) and
(d)(4).
The final 2023 and 2024 harvest specifications (88 FR 13238, March
2, 2023) list the Council and NMFS's seasonal apportionments based on
these FMP and regulatory considerations with respect to halibut PSC
limits. The Council and NMFS's seasonal apportionments for these
proposed 2024 and 2025 harvest specifications are unchanged from the
final 2023 and 2024 harvest specifications. Table 10 lists the proposed
2024 and 2025 Pacific halibut PSC limits, allowances, and
apportionments. The halibut PSC limits in tables 10, 11, and 12 reflect
the halibut PSC limits set forth at Sec. 679.21(d)(2) and (3). Section
679.21(d)(4)(iii) and (iv) specifies that any underages or overages of
a seasonal apportionment of a halibut PSC limit will be added to or
deducted from the next respective seasonal apportionment within the
fishing year.
[[Page 85196]]
Table 10--Proposed 2024 and 2025 Pacific Halibut PSC Limits, Allowances, and Apportionments
[Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
Trawl gear Hook-and-line gear \1\
----------------------------------------------------------------------------------------------------------------
Other than DSR DSR
Season Percent Amount ---------------------------------------------------------------
Season Percent Amount Season Amount
----------------------------------------------------------------------------------------------------------------
January 20-April 1.......... 30.5 520 January 1-June 86 220 January 1- 9
10. December 31.
April 1-July 1.............. 20 341 June 10- 2 5
September 1.
July 1-August 1............. 27 460 September 1- 12 31
December 31.
August 1-October 1.......... 7.5 128
October 1-December 31....... 15 256
-------------------- -------------------- ---------
Total................... ........ 1,705 ............... ........ 256 ............... 9
----------------------------------------------------------------------------------------------------------------
\1\ The Pacific halibut prohibited species catch (PSC) limit for hook-and-line gear is allocated to the demersal
shelf rockfish (DSR) fishery in the SEO District and to hook-and-line fisheries other than the DSR fishery.
The Council recommended, and NMFS proposes, that the hook-and-line sablefish IFQ fishery, and the pot and jig
gear groundfish fisheries, be exempt from halibut PSC limits.
Section 679.21(d)(3)(ii) authorizes further apportionment of the
trawl halibut PSC limit as bycatch allowances to trawl fishery
categories listed in Sec. 679.21(d)(3)(iii). The annual apportionments
are based on each category's share of the anticipated halibut bycatch
mortality during a fishing year and optimization of the total amount of
groundfish harvest under the halibut PSC limit. The fishery categories
for the trawl halibut PSC limits are: (1) a deep-water species fishery,
composed of sablefish, rockfish, deep-water flatfish, rex sole, and
arrowtooth flounder; and (2) a shallow-water species fishery, composed
of pollock, Pacific cod, shallow-water flatfish, flathead sole, Atka
mackerel, skates, and ``other species'' (sharks and octopuses) (Sec.
679.21(d)(3)(iii)). Halibut mortality incurred while directed fishing
for skates with trawl gear accrues towards the shallow-water species
fishery halibut PSC limit (69 FR 26320, May 12, 2004).
NMFS will combine available trawl halibut PSC limit apportionments
in part of the second season deep-water and shallow-water species
fisheries for use in either fishery from May 15 through June 30 (Sec.
679.21(d)(4)(iii)(D)). This is intended to maintain groundfish harvest
while minimizing halibut bycatch by these sectors to the extent
practicable. This provides the trawl gear deep-water and shallow-water
species fisheries additional flexibility and the incentive to
participate in fisheries at times of the year that may have lower
halibut PSC rates relative to other times of the year.
Table 11 lists the proposed 2024 and 2025 seasonal apportionments
of trawl halibut PSC limits between the trawl gear deep-water and the
shallow-water species fisheries.
Table 28d to 50 CFR part 679 specifies the amount of the trawl
halibut PSC limit that is assigned to the CV and CP sectors that are
participating in the Central GOA Rockfish Program. This includes 117 mt
of halibut PSC limit to the CV sector and 74 mt of halibut PSC limit to
the CP sector. These amounts are allocated from the trawl deep-water
species fishery's halibut PSC third seasonal apportionment. After the
combined CV and CP halibut PSC limit allocation of 191 mt to the
Rockfish Program, 150 mt remains for the trawl deep-water species
fishery's halibut PSC third seasonal apportionment.
Section 679.21(d)(4)(iii)(B) limits the amount of the halibut PSC
limit allocated to Rockfish Program participants that could be re-
apportioned to the general GOA trawl fisheries for the last seasonal
apportionment during the current fishing year to no more than 55
percent of the unused annual halibut PSC limit apportioned to Rockfish
Program participants. The remainder of the unused Rockfish Program
halibut PSC limit is unavailable for use by any person for the
remainder of the fishing year (Sec. 679.21(d)(4)(iii)(C)).
Table 11--Proposed 2024 and 2025 Apportionment of the Pacific Halibut PSC Limits Between the Trawl Gear Shallow-
Water and Deep-Water Species Fishery Categories
[Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
Season Shallow-water Deep-water \1\ Total
----------------------------------------------------------------------------------------------------------------
January 20-April 1........................................ 385 135 520
April 1-July 1............................................ 85 256 341
July 1-August 1........................................... 120 340 460
August 1-October 1........................................ 53 75 128
-----------------------------------------------------
Subtotal, January 20-October 1........................ 643 806 1,449
October 1-December 31 \2\................................. ................. ................. 256
-----------------------------------------------------
Total............................................. ................. ................. 1,705
----------------------------------------------------------------------------------------------------------------
\1\ Vessels participating in cooperatives in the Central GOA Rockfish Program will receive 191 mt of the third
season (July 1 through August 1) deep-water species fishery halibut PSC apportionment.
\2\ There is no apportionment between trawl shallow-water and deep-water species fisheries during the fifth
season (October 1 through December 31).
Section 679.21(d)(2)(i)(B) requires that the ``other hook-and-line
fishery'' halibut PSC limit apportionment to vessels using hook-and-
line gear must be apportioned between CVs and CPs in accordance with
Sec. 679.21(d)(2)(iii) in
[[Page 85197]]
conjunction with these harvest specifications. A comprehensive
description and example of the calculations necessary to apportion the
``other hook-and-line fishery'' halibut PSC limit between the hook-and-
line CV and CP sectors were included in the proposed rule to implement
Amendment 83 to the FMP (76 FR 44700, July 26, 2011) and are not
repeated here.
Pursuant to Sec. 679.21(d)(2)(iii), the hook-and-line halibut PSC
limit for the ``other hook-and-line fishery'' is apportioned between
the CV and CP sectors in proportion to the total Western and Central
GOA Pacific cod allocations, which vary annually based on the
proportion of the Pacific cod biomass between the Western, Central, and
Eastern GOA. Pacific cod is apportioned among these three management
areas based on the percentage of overall biomass per area, as
calculated in the 2022 Pacific cod stock assessment. Updated
information in the final 2022 SAFE report describes this distributional
calculation, which allocates ABC among GOA regulatory areas on the
basis of the three most recent stock surveys. For 2024 and 2025, the
proposed distribution of the total GOA Pacific cod ABC is 30.3 percent
to the Western GOA, 60.2 percent to the Central GOA, and 9.5 percent to
the Eastern GOA. Therefore, the calculations made in accordance with
Sec. 679.21(d)(2)(iii) incorporate the most recent information on GOA
Pacific cod distribution and allocations with respect to the proposed
annual halibut PSC limits for the CV and CP hook-and-line sectors.
Additionally, the annual halibut PSC limits for both the CV and CP
sectors of the ``other hook-and-line fishery'' are proposed to be
divided into three seasonal apportionments, using seasonal percentages
of 86 percent, 2 percent, and 12 percent.
For 2024 and 2025, NMFS proposes annual halibut PSC limits of 150
mt and 107 mt to the hook-and-line CV and hook-and-line CP sectors,
respectively. Table 12 lists the proposed 2024 and 2025 apportionments
of halibut PSC limits between the hook-and-line CV and the hook-and-
line CP sectors of the ``other hook-and-line fishery.''
No later than November 1 of each year, NMFS will calculate the
projected unused amount of halibut PSC limit by either of the CV or CP
hook-and-line sectors of the ``other hook-and-line fishery'' for the
remainder of the year. The projected unused amount of halibut PSC limit
is made available to the other hook-and-line sector for the remainder
of that fishing year (Sec. 679.21(d)(2)(iii)(C)), if NMFS determines
that an additional amount of halibut PSC is necessary for that sector
to continue its directed fishing operations.
Table 12--Proposed 2024 and 2025 Apportionments of the ``Other Hook-and-Line Fishery'' Annual Halibut PSC Allowance Between the Hook-and-Line Gear
Catcher Vessel and Catcher/Processor Sectors
[Values are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sector annual Seasonal Sector seasonal
``Other than DSR'' allowance Hook-and-line sector amount Season percentage amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
257.................................... Catcher Vessel............ 150 January 1-June 10......... 86 129
June 10-September 1....... 2 3
September 1-December 31... 12 18
Catcher/Processor......... 107 January 1-June 10......... 86 92
June 10-September 1....... 2 2
September 1-December 31... 12 13
--------------------------------------------------------------------------------------------------------------------------------------------------------
Halibut Discard Mortality Rates
To monitor halibut bycatch mortality allowances and apportionments,
the Regional Administrator uses observed halibut incidental catch
rates, halibut discard mortality rates (DMR), 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 GOA stock assessment process.
The DMR methodology and findings are included as an appendix to the
annual GOA groundfish SAFE report.
In 2016, the DMR estimation methodology underwent revisions per the
Council's directive. An interagency halibut working group (IPHC,
Council, and NMFS staff) developed improved estimation methods that
have undergone review by the Plan Team, the SSC, and the Council. A
summary of the revised methodology is contained in the GOA proposed
2017 and 2018 harvest specifications (81 FR 87881, December 6, 2016),
and the comprehensive discussion of the working group's statistical
methodology is available from the Council (see ADDRESSES). The DMR
working group's revised methodology is intended to improve estimation
accuracy, transparency, and transferability for calculating DMRs. The
working group will continue to consider improvements to the methodology
used to calculate halibut mortality, including potential changes to the
reference period (the period of data used for calculating the DMRs).
Future DMRs may change based on additional years of observer sampling,
which could provide more recent and accurate data and which could
improve the accuracy of estimation and progress on methodology. The
methodology will continue to ensure that NMFS is using DMRs that more
accurately reflect halibut mortality, which will inform the different
sectors of their estimated halibut mortality and allow specific sectors
to respond with methods that could reduce mortality and, eventually,
the DMR for that sector.
In October 2023, the Council recommended halibut DMRs reviewed by
the Plan Team and SSC, which are derived from the revised methodology.
The proposed 2024 and 2025 DMRs use an updated 2-year and 4-year
reference period depending data availability. Consistent with the
Council's intent, NMFS is proposing the DMRs recommended by the Plan
Team and reviewed by the SSC for the proposed
[[Page 85198]]
2024 and 2025 DMRs. Comparing the proposed 2024 and 2025 DMRs to the
final DMRs from the final 2023 and 2024 harvest specifications, the
proposed DMR for Rockfish Program CVs using non-pelagic trawl gear
increased to 56 percent from 55 percent, the proposed DMR for non-
Rockfish Program CVs using non-pelagic trawl gear decreased to 69
percent from 74 percent, the proposed DMR for CPs using hook-and-line
gear decreased to 11 percent from 13 percent, the proposed DMR for CVs
using hook-and-line gear increased to 10 percent from 9 percent, and
the proposed DMR for CPs and CVs using pot gear decreased to 26 percent
from 27 percent. For pelagic trawl gear CVs and CPs, and non-pelagic
trawl gear mothership and CPs, the DMRs remained the same. Table 13
lists the proposed 2024 and 2025 DMRs.
Table 13--Proposed 2024 and 2025 Halibut Discard Mortality Rates for Vessels Fishing in the Gulf of Alaska
[Values are percent of halibut assumed to be dead]
----------------------------------------------------------------------------------------------------------------
Halibut discard
Gear Sector Groundfish fishery mortality rate
(percent)
----------------------------------------------------------------------------------------------------------------
Pelagic trawl.......................... Catcher vessel........... All...................... 100
Catcher/processor........ All...................... 100
Non-pelagic trawl...................... Catcher vessel........... Rockfish Program......... 56
Catcher vessel........... All others............... 69
Mothership and catcher/ All...................... 83
processor.
Hook-and-line.......................... Catcher/processor........ All...................... 11
Catcher vessel........... All...................... 10
Pot.................................... Catcher vessel and All...................... 26
catcher/processor.
----------------------------------------------------------------------------------------------------------------
Chinook Salmon Prohibited Species Catch Limits
Section 679.21(h)(2) establishes separate Chinook salmon PSC limits
in the Western and Central regulatory areas of the GOA in the trawl
pollock directed fishery. These limits require that NMFS close directed
fishing for pollock in the Western and Central GOA if the applicable
Chinook salmon PSC limit is reached (Sec. 679.21(h)(8)). The annual
Chinook salmon PSC limits in the trawl pollock directed fishery of
6,684 salmon in the Western GOA and 18,316 salmon in the Central GOA
are set in Sec. 679.21(h)(2)(i) and (ii).
Section 679.21(h)(3) and (4) established an initial annual PSC
limit of 7,500 Chinook salmon for the non-pollock groundfish trawl
fisheries in the Western and Central GOA. This limit is apportioned
among the three sectors that conduct directed fishing for groundfish
species other than pollock: 3,600 Chinook salmon to trawl CPs; 1,200
Chinook salmon to trawl CVs participating in the Rockfish Program; and
2,700 Chinook salmon to trawl CVs not participating in the Rockfish
Program (Sec. 679.21(h)(4)). NMFS will monitor the Chinook salmon PSC
in the trawl non-pollock GOA groundfish fisheries and close an
applicable sector if it reaches its Chinook salmon PSC limit.
The Chinook salmon PSC limit for two sectors, trawl CPs and trawl
CVs not participating in the Rockfish Program, may be increased in
subsequent years based on the performance of these two sectors and
their ability to minimize their use of their respective Chinook salmon
PSC limits. If either or both of these two sectors limit its use of
Chinook salmon PSC to a certain threshold amount in 2023 (3,120 for
trawl CPs and 2,340 for non-Rockfish Program trawl CVs), that sector
will receive an incremental increase to its 2024 Chinook salmon PSC
limit (4,080 for trawl CPs and 3,060 for non-Rockfish Program trawl
CVs) (Sec. 679.21(h)(4)). NMFS will evaluate the annual Chinook salmon
PSC by trawl CPs and non-Rockfish Program trawl CVs when the 2023
fishing year is complete to determine whether to increase the Chinook
salmon PSC limits for these two sectors. Based on preliminary 2023
Chinook salmon PSC data, the trawl CP sector may receive an incremental
increase of Chinook salmon PSC limit in 2024, and the non-Rockfish
Program trawl CV sector may receive an incremental increase of Chinook
salmon PSC limit in 2024. This evaluation will be completed in
conjunction with the final 2024 and 2025 harvest specifications.
American Fisheries Act (AFA) CP and CV Groundfish Harvest and PSC
Limits
Section 679.64 establishes groundfish harvesting and processing
sideboard limits on AFA CPs and CVs in the GOA. These sideboard limits
are necessary to protect the interests of fishermen and processors who
do not directly benefit from the AFA from those fishermen and
processors who receive exclusive harvesting and processing privileges
under the AFA. Section 679.7(k)(1)(ii) prohibits listed AFA CPs and CPs
designated on a listed AFA CP permit from harvesting any species of
fish in the GOA. Additionally, Sec. 679.7(k)(1)(iv) prohibits listed
AFA CPs and CPs designated on a listed AFA CP permit from processing
any pollock harvested in a directed pollock fishery in the GOA and any
groundfish harvested in Statistical Area 630 of the GOA.
AFA CVs that are less than 125 feet (38.1 meters) length overall,
have annual landings of pollock in the Bering Sea and Aleutian Islands
of less than 5,100 mt, and have made at least 40 landings of GOA
groundfish from 1995 through 1997 are exempt from GOA CV groundfish
sideboard limits under Sec. 679.64(b)(2)(ii). Sideboard limits for
non-exempt AFA CVs in the GOA are based on their traditional harvest
levels of TAC in groundfish fisheries covered by the FMP. Section
679.64(b)(3)(iv) establishes the CV groundfish sideboard limits in the
GOA based on the aggregate retained catch by non-exempt AFA CVs of each
sideboard species from 2009 through 2019 divided by the TAC for that
species available to catcher vessels from 2009 through 2019. Under the
PCTC Program, NMFS modified the calculation of the sideboard ratios for
non-exempt AFA CVs, using the qualifying years of 2009 through 2019 (88
FR 53704, August 8, 2023). Previously, sideboard limits were based on
the ratio of catch to the TAC during the years 1995 through 1997.
NMFS published a final rule (84 FR 2723, February 8, 2019) that
implemented regulations to prohibit non-exempt AFA CVs from directed
fishing for specific groundfish species or species groups subject to
sideboard
[[Page 85199]]
limits (Sec. 679.20(d)(1)(iv)(D) and Table 56 to 50 CFR part 679).
Under the PCTC Program, NMFS also promulgated regulations to prohibit
non-exempt AFA CVs from directed fishing for additional groundfish
species or species groups subject to sideboard limits (88 FR 53704,
August 8, 2023). All of these prohibitions are found in the revised
Table 56 to 50 CFR part 679. Sideboard limits not subject to these
final rules continue to be calculated and included in the GOA annual
harvest specifications.
Table 14 lists the proposed 2024 and 2025 groundfish sideboard
limits for non-exempt AFA CVs. NMFS will deduct all targeted or
incidental catch of sideboard species made by non-exempt AFA CVs from
the sideboard limits listed in table 14.
Table 14--Proposed 2024 and 2025 GOA Non-Exempt American Fisheries Act Catcher Vessel (CV) Groundfish Sideboard Limits
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ratio of 2009-
2019 non-exempt Proposed 2024
AFA CV retained Proposed 2024 and 2025 non-
Species Apportionments by season/gear Area/component catch to 2009- and 2025 TACs exempt AFA CV
2019 TAC \3\ sideboard limit
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock................................. A Season: January 20-May 31.... Shumagin (610)............ 0.057 1,823 104
Chirikof (620)............ 0.064 62,771 4,017
Kodiak (630).............. 0.091 9,864 898
B Season: September 1-November Shumagin (610)............ 0.057 27,333 1,558
1.
Chirikof (620)............ 0.064 20,511 1,313
Kodiak (630).............. 0.091 26,614 2,422
Annual......................... WYK (640)................. 0.026 8,136 212
Pacific cod............................. A Season: \1\ January 1-June 10 W......................... 0.009 3,067 28
C......................... 0.011 6,562 72
B Season: \2\ September 1- W......................... 0.009 1,744 16
December 31.
C......................... 0.011 3,679 40
Flatfish, shallow-water................. Annual......................... C......................... 0.011 27,737 305
Rex sole................................ Annual......................... C......................... 0.014 13,425 188
Arrowtooth flounder..................... Annual......................... C......................... 0.011 64,200 706
Flathead sole........................... Annual......................... C......................... 0.007 21,892 153
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.
\3\ The Western and Central GOA and WYK District area apportionments of pollock are considered Annual Catch Limits.
Non-Exempt AFA Catcher Vessel Halibut PSC Limit
The non-exempt AFA catcher vessels and the associated LLP licenses
PSC limit for halibut in the GOA will be an annual amount based on a
static ratio of 0.072, which was derived from the aggregate retained
groundfish catch by non-exempt AFA CVs in each PSC target category from
2009 through 2019 (Sec. 679.64(b)(4)(ii)). This change was implemented
with the PCTC Program (88 FR 53704, August 8, 2023). Prior to the
publication of these proposed harvest specifications, the halibut PSC
sideboard limits for non-exempt AFA CVs in the GOA were based on the
aggregate retained groundfish catch by non-exempt AFA CVs in each PSC
target category from 1995 through 1997 divided by the retained catch of
all vessels in that fishery from 1995 through 1997. Table 15 lists the
proposed 2024 and 2025 non-exempt AFA CV halibut PSC sideboard limits
for vessels using trawl gear in the GOA.
Table 15--Proposed 2024 and 2025 Non-Exempt American Fisheries Act
Catcher Vessel (CV) Halibut PSC Sideboard Limits
------------------------------------------------------------------------
Annual non-
Annual trawl exempt AFA CV
Ratio (percent) gear halibut halibut PSC
PSC limit (mt) limit (mt)
------------------------------------------------------------------------
0.072................................. 1,705 123
------------------------------------------------------------------------
Non-AFA Crab Vessel Groundfish Harvest Limitations
Section 680.22 establishes groundfish sideboard limits for vessels
with a history of participation in the Bering Sea snow crab fishery to
prevent these vessels from using the increased flexibility provided by
the Crab Rationalization (CR) Program to expand their level of
participation in the GOA groundfish fisheries. Sideboard harvest limits
restrict these vessels' catch to their collective historical landings
in each GOA groundfish fishery (except the fixed-gear sablefish
fishery). Sideboard limits also apply to landings made using an LLP
license derived from the history of a restricted vessel, even if that
LLP license is used on another vessel.
The basis for these sideboard harvest limits is described in detail
in the final rules implementing the major provisions of the CR Program,
including Amendments 18 and 19 to the Fishery Management Plan for
Bering Sea/Aleutian Islands King and Tanner Crabs (Crab FMP) (70 FR
10174, March 2, 2005), Amendment 34 to the Crab FMP (76 FR 35772, June
20, 2011), Amendment 83 to the GOA FMP (76 FR 74670, December 1, 2011),
and Amendment 45 to the Crab FMP (80 FR 28539, May 19, 2015). Also,
NMFS published a final rule (84 FR 2723, February 8, 2019) that
implemented regulations to prohibit non-AFA crab vessels from directed
fishing for all groundfish species or species groups subject to
sideboard limits, except for Pacific cod apportioned to CVs using pot
gear in the Western and Central Regulatory Areas (Sec.
680.22(e)(1)(iii)). Accordingly, the GOA annual harvest specifications
include only the non-
[[Page 85200]]
AFA crab vessel groundfish sideboard limits for Pacific cod apportioned
to CVs using pot gear in the Western and Central Regulatory Areas.
Table 16 lists the proposed 2024 and 2025 groundfish sideboard
limits for non-AFA crab vessels. All targeted or incidental catch of
sideboard species made by non-AFA crab vessels or associated LLP
licenses will be deducted from these sideboard limits.
Table 16--Proposed 2024 and 2025 GOA Non-American Fisheries Act Crab Vessel Groundfish Sideboard Limits
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ratio of 1996- Proposed 2024
2000 non-AFA and 2025 non-
crab vessel Proposed 2024 AFA crab
Species Season Area/gear catch to 1996- and 2025 TACs vessel
2000 total sideboard
harvest limit
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific cod............................. A Season: January 1-June 10.... Western Pot CV............ 0.0997 3,067 306
Central Pot CV............ 0.0474 6,566 311
B Season: September 1-December Western Pot CV............ 0.0997 1,744 174
31.
Central Pot CV............ 0.0474 3,675 174
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rockfish Program Groundfish Sideboard and Halibut PSC Limitations
The Rockfish Program establishes three classes of sideboard
provisions: CV groundfish sideboard restrictions, CP rockfish sideboard
restrictions, and CP opt-out vessel sideboard restrictions (Sec.
679.82(c)(1)). These sideboards are intended to limit the ability of
rockfish harvesters to expand into other fisheries.
CVs participating in the Rockfish Program may not participate in
directed fishing for dusky rockfish, Pacific ocean perch, and northern
rockfish in the Western GOA and West Yakutat District from July 1
through July 31. Also, CVs may not participate in directed fishing for
arrowtooth flounder, deep-water flatfish, and rex sole in the GOA from
July 1 through July 31 (Sec. 679.82(d)).
Prior to 2021, CPs participating in Rockfish Program cooperatives
were restricted by rockfish sideboard limits in the Western GOA. A
final rule that implemented Amendment 111 to the FMP (86 FR 11895,
March 1, 2021) removed Western GOA rockfish sideboard limits for
Rockfish Program CPs from regulation. That rule also revised and
clarified the establishment of West Yakutat District rockfish sideboard
ratios in regulation, rather than specifying the West Yakutat District
rockfish sideboard ratios in the annual GOA harvest specifications.
CPs participating in Rockfish Program cooperatives are restricted
by rockfish and halibut PSC sideboard limits. These CPs are prohibited
from directed fishing for dusky rockfish, Pacific ocean perch, and
northern rockfish in the Western GOA and West Yakutat District from
July 1 through July 31 (Sec. 679.82(e)(2)). The sideboard ratio for
each rockfish fishery in the West Yakutat District is set forth in
Sec. 679.82(e)(4). The rockfish sideboard ratio for each rockfish
fishery in the West Yakutat District is an established percentage of
the TAC for catcher/processors in the directed fishery for dusky
rockfish and Pacific ocean perch. These percentages are confidential.
Holders of CP-designated LLP licenses that opt out of participating in
a Rockfish Program cooperative will be able to access that portion of
each rockfish sideboard limits that is not assigned to Rockfish Program
cooperatives (Sec. 679.82(e)(7)).
Under the Rockfish Program, the CP sector is subject to halibut PSC
sideboard limits for the trawl deep-water and shallow-water species
fisheries from July 1 through July 31 (Sec. 679.82(e)(3) and (e)(5)).
Halibut PSC sideboard ratios by fishery are set forth in Sec.
679.82(e)(5). No halibut PSC sideboard limits apply to the CV sector,
as vessels participating in a rockfish cooperative receive a portion of
the annual halibut PSC limit. CPs that opt out of the Rockfish Program
would be able to access that portion of the deep-water and shallow-
water halibut PSC sideboard limit not assigned to CP rockfish
cooperatives. The sideboard provisions for CPs that elect to opt out of
participating in a rockfish cooperative are described in Sec.
679.82(c), (e), and (f). Sideboard limits are linked to the catch
history of specific vessels that may choose to opt out. After March 1,
NMFS will determine which CPs have opted-out of the Rockfish Program in
2024, and will know the ratios and amounts used to calculate opt-out
sideboard ratios. NMFS will then calculate any applicable opt-out
sideboard limits for 2024 and announce these limits after March 1.
Table 17 lists the proposed 2024 and 2025 Rockfish Program halibut PSC
sideboard limits for the CP sector.
Table 17--Proposed 2024 and 2025 Rockfish Program Halibut PSC Sideboard Limits for the Catcher/Processor Sector
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Shallow-water Annual shallow- Annual deep- water
species fishery Deep-water species Annual trawl gear water species species fishery
Sector halibut PSC fishery halibut halibut PSC limit fishery halibut halibut PSC
sideboard ratio PSC sideboard (mt) PSC sideboard sideboard limit
(percent) ratio (percent) limit (mt) (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Catcher/processor................................... 0.10 2.50 1,705 2 43
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 85201]]
Amendment 80 Program Groundfish and PSC Sideboard Limits
Amendment 80 to the Fishery Management Plan for Groundfish of the
Bering Sea and Aleutian Islands Management Area (Amendment 80 Program)
established a limited access privilege program for the non-AFA trawl CP
sector. The Amendment 80 Program established groundfish and halibut PSC
limits for Amendment 80 Program participants to limit the ability of
participants eligible for the Amendment 80 Program to expand their
harvest efforts in the GOA.
Section 679.92 establishes groundfish harvesting sideboard limits
on all Amendment 80 Program vessels, other than the F/V Golden Fleece,
to amounts no greater than the limits shown in Table 37 to 50 CFR part
679. Under Sec. 679.92(d), the F/V Golden Fleece is prohibited from
directed fishing for pollock, Pacific cod, Pacific ocean perch, dusky
rockfish, and northern rockfish in the GOA.
Groundfish sideboard limits for Amendment 80 Program vessels
operating in the GOA are based on their average aggregate harvests from
1998 through 2004 (72 FR 52668, September 14, 2007). Table 18 lists the
proposed 2024 and 2025 groundfish sideboard limits for Amendment 80
Program vessels. NMFS will deduct all targeted or incidental catch of
sideboard species made by Amendment 80 Program vessels from the
sideboard limits in table 18.
Table 18--Proposed 2024 and 2025 GOA Groundfish Sideboard Limits for Amendment 80 Program Vessels
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Proposed 2024
Ratio of and 2025
Amendment 80 Proposed 2024 Amendment 80
Species Season Area sector vessels and 2025 TAC vessel
1998-2004 catch (mt) \3\ sideboard
to TAC limits (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock................................. A Season: January 20-May 31.... Shumagin (610)............ 0.003 1,823 5
Chirikof (620)............ 0.002 62,771 126
Kodiak (630).............. 0.002 9,864 20
B Season: September 1-November Shumagin (610)............ 0.003 27,333 82
1.
Chirikof (620)............ 0.002 20,511 41
Kodiak (630).............. 0.002 26,614 53
Annual......................... WYK (640)................. 0.002 8,136 16
Pacific cod............................. A Season: \1\ January 1-June 10 W......................... 0.020 3,067 61
C......................... 0.044 6,566 289
B Season: \2\ September 1- W......................... 0.020 1,744 35
December 31.
C......................... 0.044 3,675 162
Annual......................... WYK....................... 0.034 1,616 55
Pacific ocean perch..................... Annual......................... W......................... 0.994 2,461 2,446
WYK....................... 0.961 1,333 1,281
Northern rockfish....................... Annual......................... W......................... 1.000 2,497 2,497
Dusky rockfish.......................... Annual......................... W......................... 0.764 141 108
WYK....................... 0.896 85 76
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.
\3\ The Western and Central GOA and WYK District area apportionments of pollock are considered Annual Catch Limits.
The halibut PSC sideboard limits for Amendment 80 Program vessels
in the GOA are based on the historical use of halibut PSC by Amendment
80 Program vessels in each PSC target category from 1998 through 2004.
These values are slightly lower than the average historical use to
accommodate two factors: allocation of halibut PSC cooperative quota
under the Rockfish Program and the exemption of the F/V Golden Fleece
from this restriction (Sec. 679.92(b)(2)). Table 19 lists the proposed
2024 and 2025 halibut PSC sideboard limits for Amendment 80 Program
vessels. This table incorporates the maximum percentages of the halibut
PSC sideboard limits that may be used by Amendment 80 Program vessels
as contained in Table 38 to 50 CFR part 679. Any residual amount of a
seasonal Amendment 80 halibut PSC sideboard limit may carry forward to
the next season limit (Sec. 679.92(b)(2)).
Table 19--Proposed 2024 and 2025 Halibut PSC Sideboard Limits for Amendment 80 Program Vessels in the GOA
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Historic Proposed 2024 and
Amendment 80 use Annual trawl gear 2025 Amendment 80
Season Season dates Fishery category of the annual halibut PSC limit vessel PSC
halibut PSC limit (mt) sideboard limit
(ratio) (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1...................................... January 20-April 1........ shallow-water............. 0.0048 1,705 8
deep-water................ 0.0115 1,705 20
2...................................... April 1-July 1............ shallow-water............. 0.0189 1,705 32
deep-water................ 0.1072 1,705 183
3...................................... July 1-August 1........... shallow-water............. 0.0146 1,705 25
deep-water................ 0.0521 1,705 89
[[Page 85202]]
4...................................... August 1-October 1........ shallow-water............. 0.0074 1,705 13
deep-water................ 0.0014 1,705 2
5...................................... October 1-December 31..... shallow-water............. 0.0227 1,705 39
deep-water................ 0.0371 1,705 63
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual Total shallow-water....... ................. ................. 117
------------------------------------------------------------------------------------
Total deep-water.......... ................. ................. 357
------------------------------------------------------------------------------------
Grand Total, all seasons ................. ................. 474
and categories.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Classification
NMFS is issuing this proposed rule pursuant to section 305(d) of
the Magnuson-Stevens Act. Through previous actions, the FMP and
regulations are designed to authorize NMFS to take this action. See 50
CFR part 679. The NMFS Assistant Administrator has 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 in the GOA.
NMFS prepared an EIS for the Alaska groundfish harvest
specifications and alternative harvest strategies (see ADDRESSES) and
made it available to the public on January 12, 2007 (72 FR 1512). On
February 13, 2007, NMFS issued the ROD for the 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); Sec. 1502.9(d)(1)).
Copies of the Final EIS, ROD, and annual SIRs for this action are
available from NMFS (see ADDRESSES). The Final EIS analyzes the
environmental, social, and economic consequences of 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
that this proposed rule, if adopted, would have on small entities. The
IRFA describes the action; the reasons why this proposed rule is
proposed; the objectives and legal basis for this proposed rule; the
estimated number and description of directly regulated small entities
to which this proposed rule would apply; the recordkeeping, reporting,
and other compliance requirements of this proposed rule; and the
relevant Federal rules that may duplicate, overlap, or conflict with
this proposed rule. The IRFA also describes significant alternatives to
this proposed rule that would accomplish the stated objectives of the
Magnuson-Stevens Act, and any other applicable statutes, and that would
minimize any significant economic impact of this proposed rule on small
entities. The description of 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 processor primarily
involved in seafood processing (NAICS code 311710) is classified as a
small business if it is independently owned and operated, is not
dominant in its field of operation (including its affiliates), and has
combined annual employment, counting all individuals employed on a
full-time, part-time, or other basis, not in excess of 750 employees
for all its affiliated operations worldwide.
Number and Description of Small Entities Regulated by This Proposed
Rule
The entities directly regulated by the groundfish harvest
specifications include: (a) entities operating vessels with groundfish
Federal fisheries permits (FFPs) catching FMP groundfish in Federal
waters (including those receiving direction allocations of groundfish);
(b) all entities operating vessels, regardless of whether they hold
groundfish FFPs, catching FMP groundfish in the State-waters parallel
fisheries; and (c) all entities operating vessels fishing for halibut
inside 3 miles of the shore (whether or not they have FFPs).
In 2022 (the most recent year of complete data), there were 677
individual CVs and CPs with gross revenues less than or equal to $11
million. This represents the potential suite of directly regulated
small entities. This includes an estimated 674 small CV and 3 small CP
entities in the GOA groundfish sector. The determination of entity size
is based on vessel revenues and affiliated group revenues. This
determination also includes an assessment of fisheries cooperative
affiliations, although actual vessel
[[Page 85203]]
ownership affiliations have not been completely established. However,
the estimate of these 677 CVs and CPs may be an overstatement of the
number of small entities. The CVs had average gross revenues that
varied by gear type. Average gross revenues for hook-and-line CVs, pot
gear CVs, and trawl gear CVs are estimated to be $450,000, $860,000,
and $1.38 million, respectively. Average gross revenues for hook-and-
line CPs and pot gear CPs are estimated to be $7.40 million and $6.87
million, respectively. Trawl gear CP entity revenue data 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 Pacific halibut prohibited
species catch limits for the groundfish fishery of the GOA. 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 GOA.
This strategy was selected from among five alternatives, with the
preferred alternative harvest strategy being one in which the TACs fall
within the range of ABCs recommended by the SSC. Under the preferred
harvest strategy, TACs are set to a level that falls within the range
of ABCs recommended by the SSC; the sum of the TACs must achieve the OY
specified in the FMP. While the specific numbers that the harvest
strategy produces may vary from year to year, the methodology used for
the preferred harvest strategy remains constant.
The TACs associated with 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
TACs in these proposed 2024 and 2025 harvest specifications are
unchanged from the 2023 TACs in the final 2023 and 2024 harvest
specifications (88 FR 13238, March 2, 2023), and the sum of all TACs
remains within the OY for the GOA.
The proposed 2024 and 2025 OFLs and ABCs are based on the best
biological information available, 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 biological and socioeconomic
information available. 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 recent, completed
SAFE report.
Under this action, the proposed ABCs reflect harvest amounts that
are less than the specified overfishing levels. The proposed TACs are
within the range of proposed ABCs recommended by the SSC and do not
exceed the biological limits recommended by the SSC (the ABCs and
OFLs). For most species and species groups in the GOA, the Council
recommended, and NMFS proposes, TACs equal to proposed ABCs, which is
intended to maximize harvest opportunities in the GOA.
For some species and species groups, however, the Council
recommended, and NMFS proposes, TACs that are less than the proposed
ABCs, including for pollock in the W/C/WYK Regulatory Area, Pacific
cod, shallow-water flatfish in the Western Regulatory Area, arrowtooth
flounder in the Western Regulatory Area and SEO District, flathead sole
in the Western Regulatory Area, other rockfish in the SEO District, and
Atka mackerel. In the GOA, increasing TACs for some species may not
result in increased harvest opportunities for those species. This is
due to a variety of reasons. There may be a lack of commercial or
market interest in some species. Additionally, there are fixed, and
therefore constraining, PSC limits associated with the harvest of the
GOA groundfish species that can lead to an underharvest of flatfish
TACs. For this reason, the shallow-water flatfish, arrowtooth flounder,
and flathead sole TACs are set to allow for increased harvest
opportunities for these target species while conserving the halibut PSC
limit for use in other fisheries. The other rockfish and Atka mackerel
TACs are set to accommodate ICAs in other fisheries. Finally, the TACs
for two species (pollock and Pacific cod) cannot be set equal to ABC,
as the TAC must be set to account for the State's GHLs in these
fisheries. The W/C/WYK Regulatory Area pollock TAC and the GOA Pacific
cod TACs are therefore set to account for the State's GHLs for the
State waters pollock and Pacific cod fisheries so that the ABCs are not
exceeded. For all other species in the GOA, the Council recommended,
and NMFS proposes, that proposed TACs equal proposed ABCs, unless other
conservation or management reasons (described above) support proposed
TAC amounts less than the proposed ABCs.
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 GOA, including small entities. The action proposes TACs for
commercially valuable species in the GOA and allows for the continued
prosecution of the fishery, thereby creating the opportunity for
fishery revenue. After public process, during which the Council
solicited input from stakeholders, the Council 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 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: December 1, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023-26807 Filed 12-4-23; 4:15 pm]
BILLING CODE 3510-22-P
</pre></body>
</html>Indexed from Federal Register on December 7, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.