[Federal Register Volume 84, Number 232 (Tuesday, December 3, 2019)]
[Proposed Rules]
[Pages 66109-66129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26088]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 191126-0094]
RTID 0648-XY201
Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of
Alaska; Proposed 2020 and 2021 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 2020 and 2021 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 2020
and 2021 fishing years and to accomplish the goals and objectives of
the Fishery Management Plan for Groundfish of the Gulf of Alaska. The
2020 harvest specifications supersede those previously set in the final
2019 and 2020 harvest specifications, and the 2021 harvest
specifications will be superseded in early 2021 when the final 2021 and
2022 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.
DATES: Comments must be received by January 2, 2020.
ADDRESSES: Submit comments on this document, identified by NOAA-NMFS-
2019-0102, by either of the following methods:
Federal e-Rulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0102, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: Submit written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Records Office. Mail comments to P.O. Box 21668, Juneau, AK
99802-1668.
Instructions: NMFS may not consider comments if they are sent by
any other method, to any other address or individual, or received after
the comment period ends. All comments received are a part of the public
record, and NMFS will post the comments for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
is publicly accessible. NMFS will accept anonymous comments (enter ``N/
A'' in the required fields if you wish to remain anonymous).
Electronic copies of the Alaska Groundfish Harvest Specifications
Final Environmental Impact Statement (Final EIS), Record of Decision
(ROD) for the Final EIS, the annual Supplementary Information Reports
(SIRs) to the Final EIS, and the Initial Regulatory Flexibility
Analysis (IRFA) prepared for this action area available from https://www.regulations.gov. An updated 2020 SIR for the final 2020 and 2021
harvest specifications will be available from the same source. The
final 2018 Stock Assessment and Fishery Evaluation (SAFE) report for
the groundfish resources of the GOA, dated November 2018, is available
from the North Pacific Fishery Management Council (Council) at 605 West
4th Avenue, Suite 306, Anchorage, AK 99501-2252, phone 907-271-2809, or
from the Council's website at https://www.npfmc.org. The 2019 SAFE
report for the GOA will be available from the same source.
FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the 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 Fishery
Conservation and Management Act (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.
679.20(a)(1)(i)(B)). Section 679.20(c)(1) further requires NMFS to
publish and solicit public comment on proposed annual TACs and
apportionments thereof, Pacific halibut prohibited species catch (PSC)
limits, and seasonal allowances of pollock and Pacific cod. The
proposed harvest specifications in Tables 1 through 19 of this rule
satisfy these requirements. For 2020 and 2021, the sum of the proposed
TAC amounts is 408,534 mt.
Under Sec. 679.20(c)(3), NMFS will publish the final 2020 and 2021
harvest specifications after (1) considering comments received within
the comment period (see DATES), (2) consulting with the Council at its
December 2019 meeting, (3) considering information presented in the
2020 SIR to the Final EIS that assesses the need to prepare a
Supplemental EIS (see ADDRESSES), and (4) considering information
presented in the final 2019 SAFE reports prepared for the 2020 and 2021
groundfish fisheries.
Other Actions Affecting or Potentially Affecting the 2020 and 2021
Harvest Specifications
Reclassify Sculpins as an Ecosystem Component Species
In October 2019, the Council recommended that sculpins be
reclassified in the FMP as an ``ecosystem component'' species, which is
a category of non-target species that are not in need of conservation
and management. Currently, NMFS annually sets an overfishing level
(OFL), Acceptable Biological Catch (ABC), and TAC for sculpins in the
GOA groundfish harvest specifications. Under the Council's recommended
action, OFL, ABC, and TAC specifications for sculpins would no longer
be required. NMFS intends to develop rulemaking to implement the
Council's recommendation for sculpins. Such rulemaking would prohibit
directed fishing for sculpins, maintain recordkeeping and reporting,
and establish a sculpin maximum retainable amount when directed fishing
for groundfish species at 20 percent to discourage retention, while
allowing flexibility to prosecute groundfish fisheries. Further details
(and public comment on the sculpin action) will be available on
publication of the proposed
[[Page 66110]]
rule to implement an FMP amendment that would reclassify sculpins as an
ecosystem component species of the FMP. If the FMP amendment and its
implementing regulations are approved by the Secretary of Commerce, the
action is anticipated to be effective in 2021. Until effective, NMFS
will continue to publish OFLs, ABCs, and TACs for sculpins in the GOA
groundfish harvest specifications.
Final Rulemaking To Prohibit Directed Fishing for American Fisheries
Act (AFA) and Crab Rationalization (CR) Program Sideboard Limits
On February 8, 2019, NMFS published a final rule (84 FR 2723) that
modified regulations for the AFA Program and CR Program participants
subject to limits on the catch of specific species (sideboard limits)
in the GOA. Sideboard limits are intended to prevent participants who
benefit from receiving exclusive harvesting privileges in a particular
fishery from shifting effort to other fisheries. Specifically, the
final rule established regulations to prohibit directed fishing for
most groundfish species or species groups subject to sideboard limits
under the AFA Program and CR Program, rather than prohibiting directed
fishing through the annual GOA harvest specifications. Since the final
rule is now effective, NMFS is no longer publishing in the annual GOA
harvest specifications the AFA Program and CR Program sideboard limit
amounts for groundfish species or species groups subject to the final
rule. Those groundfish species subject to the final rule associated
with sideboard limits are now prohibited to directed fishing in
regulation (Sec. Sec. 679.20(d)(1)(iv)(D) and 680.22(e)(1)(i) and
(iii) and Tables 54, 55, and 56 to 50 CFR part 679). NMFS will continue
to publish in the annual GOA harvest specifications the AFA Program and
CR Program sideboard limit amounts for groundfish species or species
groups that were not subject to the final rule (see Tables 13, 14, and
15 of this action).
Proposed Revisions to the GOA Pollock Seasons and Pacific Cod Seasonal
Allocations
In June 2019, the Council recommended for Secretarial review
Amendment 109 to the FMP. Amendment 109 would revise pollock seasons
and Pacific cod seasonal allocations. Amendment 109 would modify the
existing annual pollock TAC allocation to two equal (50 percent of TAC)
seasonal allocations, rather than four equal seasons (25 percent of
TAC). The pollock A and B seasons would be combined into a January 20
through May 31 A season, and the pollock C and D seasons would be
combined into a September 1 through November 1 B season. Additionally,
Amendment 109 would revise the Pacific cod TAC seasonal apportionments
to the trawl CV sector by increasing the A season allocation and
decreasing the B season allocation. Further details (and public comment
on Amendment 109) will be available on publication of the proposed rule
to implement Amendment 109. If Amendment 109 and its implementing
regulations are approved by the Secretary of Commerce, the action is
anticipated to be effective in 2021.
Proposed ABC and TAC Specifications
In October 2019, the Council's Scientific and Statistical Committee
(SSC), its Advisory Panel (AP), and the Council reviewed the most
recent biological and harvest information about the condition of the
GOA groundfish stocks. The Council's GOA Groundfish Plan Team (Plan
Team) compiled and presented this information in the final 2018 SAFE
report for the GOA groundfish fisheries, dated November 2018 (see
ADDRESSES). The SAFE report contains a review of the latest scientific
analyses and estimates of each species' biomass and other biological
parameters, as well as summaries of the available information on the
GOA ecosystem and the economic condition of the groundfish fisheries
off Alaska. From these data and analyses, the Plan Team recommends, and
the SSC sets, an OFL and ABC for each species or species group. The
amounts proposed for the 2020 and 2021 OFLs and ABCs are based on the
2018 SAFE report. The AP and Council recommended that the proposed 2020
and 2021 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 2019 SAFE report. The
stock assessments that will comprise, in part, the 2019 SAFE report are
available at https://www.fisheries.noaa.gov/alaska/population-assessments/north-pacific-groundfish-stock-assessment-and-fishery-evaluation. The final 2019 SAFE report will be available from the same
source.
In November 2019, the Plan Team will update the 2018 SAFE report to
include new information collected during 2019, such as NMFS stock
surveys, revised stock assessments, and catch data. The Plan Team will
compile this information and present the draft 2019 SAFE report at the
December 2019 Council meeting. At that meeting, the SSC and the Council
will review the 2019 SAFE report, and the Council will approve the 2019
SAFE report. The Council will consider information in the 2019 SAFE
report, recommendations from the November 2019 Plan Team meeting and
December 2019 SSC and AP meetings, public testimony, and relevant
written public comments in making its recommendations for the final
2020 and 2021 harvest specifications. Pursuant to Sec. 679.20(a)(2)
and (3), the Council could recommend adjusting the 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 optimum yield range.
Sablefish OFL
For sablefish, at its October 2019 meeting, the SSC discussed the
Plan Team's recommendation to review the apportionment and
specification of the sablefish OFL and its status quo apportionments in
the Bering Sea (BS), Aleutian Islands (AI), and the GOA. The sablefish
stock assessment currently uses an Alaska-wide model that establishes
an Alaska-wide OFL, which is then apportioned to three area specific
OFLs: BS, AI, and GOA. The Alaska-wide OFL is currently the measurable
and objective criteria used to monitor and assess the status of the
sablefish stock to prevent overfishing and to determine whether
overfishing has occurred or the stock is overfished. The 2018 sablefish
SAFE report highlights that, given extremely high movement rates
throughout their range, sablefish are likely one Alaska-wide stock with
no sub-populations in Alaska.
At its September 2019 meeting, the Plan Team discussed that there
did not appear to be a conservation concern that warranted sub-area
OFLs, particularly since the six sub-area ABC apportionments are
designed to spread harvest across areas and prevent any localized
depletion. At its October 2019 meeting, the SSC had extensive
discussion about the appropriate process for considering a combined
OFL, and the SSC determined that combining the OFL is a viable option
to consider for the OFL specification for 2020 and 2021. The Plan Team
and SSC recommended that the sablefish stock assessment include three
options for apportioning and specifying sablefish OFLs for review at
the November 2019 Plan Team and December 2019 SSC meetings: (1) No
change in the
[[Page 66111]]
apportionment and specification of a BS OFL, an AI OFL, and a GOA OFL
(status quo); (2) apportioning and specifying a Bering Sea and Aleutian
Islands (BSAI) OFL, and a separate GOA OFL; and (3) specifying an
Alaska-wide OFL.
The SSC will review these three options in the sablefish stock
assessment to consider a possible change to the current sablefish OFL
apportionment during the December Council meeting. Based on the
recommendations of the SSC, NMFS may implement a change to the
specification of sablefish OFL in the final 2020 and 2021 harvest
specifications.
GOA Pacific Cod
For Pacific cod, at its October 2019 meeting, the SSC discussed the
precipitous decline of the Pacific cod stock over recent years, which
may have substantial management implications. The Steller sea lion
harvest control regulations at Sec. 679.20(d)(4) state that if a
biological assessment of the Pacific cod stock projects that the
spawning biomass in an area will be equal to or below 20 percent of the
projected unfished spawning biomass during a fishing year, then the
Regional Administrator will prohibit directed fishing within that area
and the directed fishery will remain closed until a subsequent
biological assessment projects that the spawning biomass will exceed 20
percent of the projected unfished spawning biomass. Also, if Pacific
cod spawning biomass falls below the B17.5%
level, a rebuilding plan will be required to comply with provisions of
the Magnuson-Stevens Act. The SSC emphasizes that both of these
scenarios are possible, given the results from the preliminary
September 2019 models.
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 2019 Plan
Team meeting, NMFS scientists presented updated and new survey results,
potential changes to assessment models, and accompanying, preliminary
stock estimates. At the October 2019 Council meeting, the SSC reviewed
this information. The species with possible significant model changes
are Pacific cod, dover sole, rex sole, flathead sole, Pacific ocean
perch, and shortraker and rougheye rockfish. Model changes can result
in changes to final OFLs, ABCs, and TACs.
In November 2019, the Plan Team will consider updated stock
assessments for groundfish, which will be included in the draft 2019
SAFE report. If the 2019 SAFE report indicates that the stock biomass
trend is increasing for a species, then the final 2020 and 2021 harvest
specifications for that species may reflect an increase from the
proposed harvest specifications. Conversely, if the 2019 SAFE report
indicates that the stock biomass trend is decreasing for a species,
then the final 2020 and 2021 harvest specifications may reflect a
decrease from the proposed harvest specifications.
The proposed 2020 and 2021 OFLs, ABCs, and TACs are based on the
best available biological and socioeconomic 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 compute OFLs and ABCs. The
tiers applicable to a particular stock or stock complex are 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 OFL and ABC amounts, with Tier 1 representing the
highest level of information quality available and Tier 6 representing
the lowest level of information quality available. The Plan Team used
the FMP tier structure to calculate OFLs and ABCs for each groundfish
species. The SSC adopted the proposed 2020 and 2021 OFLs and ABCs
recommended by the Plan Team for all groundfish species. The Council
adopted the SSC's OFL and ABC recommendations and the AP's TAC
recommendations.
Specification and Apportionment of TAC Amounts
The Council recommended proposed 2020 and 2021 TACs that are equal
to proposed ABCs for all species and species groups, with the exception
of pollock in the combined Western and Central Regulatory Areas and the
West Yakutat (WYK) District of the Eastern Regulatory Area (the W/C/WYK
Regulatory Area), Pacific cod, shallow-water flatfish in the Western
Regulatory Area, arrowtooth flounder, flathead sole in the Western and
Central Regulatory Areas, and Atka mackerel. The W/C/WYK Regulatory
Area pollock TAC and the GOA Pacific cod TACs are set to account for
the State of Alaska's (State's) guideline harvest levels (GHLs) for the
State water pollock and Pacific cod fisheries so that the ABCs are not
exceeded. 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 Atka mackerel TAC is set to accommodate incidental
catch amounts in other fisheries. These reductions are described below.
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 water and Federal water pollock
removals from the GOA not exceed ABC recommendations. For 2020 and
2021, the Council recommended the W/C/WYK pollock ABC, including the
amount to account for the State's PWS GHL. At the November 2018 Plan
Team meeting, State fisheries managers recommended setting the PWS GHL
at 2.5 percent of the annual W/C/WYK pollock ABC. For 2020, this yields
a PWS pollock GHL of 2,722 mt, a decrease from the 2019 PWS GHL of
3,396 mt. After accounting for PWS GHL, the 2020 and 2021 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 2020 and 2021 pollock ABC is
108,892 mt, and the proposed TAC is 106,170 mt.
Apportionments of pollock to the W/C/WYK management areas are
considered to be apportionments of annual catch limit (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)
[[Page 66112]]
to ensure that the combined W/C/WYK ACL, ABC, and TAC are not exceeded.
NMFS proposes pollock TACs in the Western Regulatory Area (Area
610), Central Regulatory Area (Areas 620 and 630), and the West Yakutat
District (Area 640) and the Southeast Outside (SEO) District (Area 650)
of the Eastern Regulatory Area 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 each
of the following four seasons: The A season (January 20 through March
10), the B season (March 10 through May 31), the C season (August 25
through October 1), and the D season (October 1 through November 1)
(Sec. Sec. 679.23(d)(2)(i) through (iv), and 679.20(a)(5)(iv)(A) and
(B)). Additional detail is provided below; Table 2 lists these amounts.
The proposed 2020 and 2021 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 (see Table 1). The Plan
Team, SSC, AP, and Council recommended that the sum of all State water
and Federal water Pacific cod removals from the GOA not exceed ABC
recommendations. Accordingly, the Council set the 2020 and 2021 Pacific
cod TACs in the Western, Central, and Eastern Regulatory Areas to
account for State GHLs. Therefore, the proposed 2020 and 2021 Pacific
cod TACs are less than the proposed ABCs by the following amounts: (1)
Western GOA, 2,909 mt; (2) Central GOA, 2,435 mt; and (3) Eastern GOA,
540 mt. These amounts reflect the State's 2020 and 2021 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.
NMFS also proposes seasonal apportionments of the Pacific cod TACs
in the Western and Central Regulatory Areas. Sixty percent 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. Forty percent 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)). The Western and Central GOA Pacific
cod TACs are allocated among various gear and operational sectors. The
Pacific cod sector apportionments are discussed in detail in a
subsequent section and in Table 3 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 five percent of the combined Eastern Regulatory Area TACs to
vessels using trawl gear for use as incidental catch in other trawl
groundfish fisheries in the WYK District (Sec. 679.20(a)(4)(i)).
Additional detail is provided below. Tables 4 and 5 list the proposed
2020 and 2021 allocations of the sablefish TAC to fixed gear and trawl
gear in the GOA.
For 2020 and 2021, the Council recommends and NMFS proposes the
OFLs, ABCs, and TACs listed in Table 1. The proposed ABCs reflect
harvest amounts that are less than the specified overfishing levels.
These amounts are consistent with the biological condition of
groundfish stocks as described in the 2018 SAFE report, and adjusted
for other biological and socioeconomic considerations, including
maintaining the total TAC within the required OY range. The sum of the
proposed TACs for all GOA groundfish is 408,534 mt for 2020 and 2021,
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 2019 SAFE report and the Council's
recommendations for the final 2020 and 2021 harvest specifications
during its December 2019 meeting.
Table 1--Proposed 2020 and 2021 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]
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Species Area 1 OFL ABC TAC 2
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Pollock \2\........................... Shumagin (610).......... n/a 19,939 19,939
Chirikof (620).......... n/a 57,279 57,279
Kodiak (630)............ n/a 24,345 24,345
WYK (640)............... n/a 4,607 4,607
W/C/WYK (subtotal)...... 148,968 108,892 106,170
SEO (650)............... 11,697 8,773 8,773
-----------------------------------------------
Total 160,665 117,665 114,943
Pacific cod \3\....................... W....................... n/a 9,695 6,787
C....................... n/a 9,738 7,304
E....................... n/a 2,159 1,619
-----------------------------------------------
Total 26,078 21,592 15,709
Sablefish \4\......................... W....................... n/a 2,105 2,105
C....................... n/a 6,931 6,931
WYK..................... n/a 2,433 2,433
SEO..................... n/a 3,993 3,993
E (WYK and SEO) n/a 6,426 6,426
(subtotal).
-----------------------------------------------
Total 34,782 15,462 15,462
Shallow-water flatfish \5\............ W....................... n/a 25,952 13,250
C....................... n/a 26,065 26,065
WYK..................... n/a 2,308 2,308
SEO..................... n/a 1,983 1,983
-----------------------------------------------
Total 69,167 56,308 43,606
Deep-water flatfish \6\............... W....................... n/a 420 420
[[Page 66113]]
C....................... n/a 3,488 3,488
WYK..................... n/a 3,323 3,323
SEO..................... n/a 2,393 2,393
-----------------------------------------------
Total 11,581 9,624 9,624
Rex sole.............................. W....................... n/a 2,956 2,956
C....................... n/a 8,371 8,371
WYK..................... n/a 1,664 1,664
SEO..................... n/a 1,734 1,734
-----------------------------------------------
Total 17,942 14,725 14,725
Arrowtooth flounder................... W....................... n/a 34,765 14,500
C....................... n/a 68,575 68,575
WYK..................... n/a 15,368 6,900
SEO..................... n/a 22,157 6,900
-----------------------------------------------
Total 168,634 140,865 96,875
Flathead sole......................... W....................... n/a 13,771 8,650
C....................... n/a 21,965 15,400
WYK..................... n/a 2,097 2,097
SEO..................... n/a 440 440
-----------------------------------------------
Total 46,666 38,273 26,587
Pacific ocean perch \7\............... W....................... n/a 3,125 3,125
C....................... n/a 19,024 19,024
WYK..................... n/a 3,192 3,192
W/C/WYK................. 30,128 25,341 25,341
SEO..................... 2,748 2,311 2,311
-----------------------------------------------
Total 32,876 27,652 27,652
Northern rockfish \8\................. W....................... n/a 1,122 1,122
C....................... n/a 3,147 3,147
E....................... n/a 1 ..............
-----------------------------------------------
Total 5,093 4,270 4,269
Shortraker rockfish \9\............... W....................... n/a 44 44
C....................... n/a 305 305
E....................... n/a 514 514
-----------------------------------------------
Total 1,151 863 863
Dusky rockfish \10\................... W....................... n/a 774 774
C....................... n/a 2,742 2,742
WYK..................... n/a 94 94
SEO..................... n/a 60 60
-----------------------------------------------
Total 4,484 3,670 3,670
Rougheye and blackspotted rockfish\11\ W....................... n/a 172 172
C....................... n/a 545 545
E....................... n/a 697 697
-----------------------------------------------
Total 1,699 1,414 1,414
Demersal shelf rockfish \12\.......... SEO..................... 411 261 261
Thornyhead rockfish \13\.............. W....................... n/a 326 326
C....................... n/a 911 911
E....................... n/a 779 779
-----------------------------------------------
Total 2,688 2,016 2,016
Other rockfish 14 15.................. W/C combined............ n/a 1,737 1,737
WYK..................... n/a 368 368
SEO..................... n/a 3,489 3,489
-----------------------------------------------
Total 7,356 5,594 5,594
Atka mackerel......................... GW...................... 6,200 4,700 3,000
Big skates \16\....................... W....................... n/a 504 504
C....................... n/a 1,774 1,774
E....................... n/a 570 570
-----------------------------------------------
Total 3,797 2,848 2,848
Longnose skates \17\.................. W....................... n/a 149 149
[[Page 66114]]
C....................... n/a 2,804 2,804
E....................... n/a 619 619
-----------------------------------------------
Total 4,763 3,572 3,572
Other skates \18\..................... GW...................... 1,845 1,384 1,384
Sculpins.............................. GW...................... 6,958 5,301 5,301
Sharks................................ GW...................... 10,913 8,184 8,184
Octopuses............................. GW...................... 1,300 975 975
===============================================
Total............................. ........................ 627,049 487,218 408,534
----------------------------------------------------------------------------------------------------------------
\1\ Regulatory areas and districts are defined at Sec. 679.2. (W = Western Gulf of Alaska; C = Central Gulf of
Alaska; E = Eastern Gulf of Alaska; WYK = West Yakutat District; SEO = Southeast Outside District; GW = Gulf-
wide).
\2\ The total for the W/C/WYK Regulatory Areas pollock ABC is 108,892 mt. After deducting 2.5 percent (2,722 mt)
of that ABC for the State's pollock GHL fishery, the remaining pollock ABC of 106,170 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. 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 60 percent to the A season and 40 percent to the B season in the
Western and Central Regulatory Areas of the GOA. 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 3 lists the proposed 2020
and 2021 Pacific cod seasonal apportionments.
\4\ Sablefish is allocated to fixed and trawl gear in 2020 and trawl gear in 2021. Tables 4 and 5 list the
proposed 2020 and 2021 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 1 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.
\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 Sebastes species.
\14\ ``Other rockfish means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio), S.
goodei (chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), S. variegatus (harlequin), S.
wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S. zacentrus (sharpchin), S. jordani
(shortbelly), S. brevispinis (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 Raja binoculata.
\17\ ``Longnose skates'' means Raja rhina.
\18\ ``Other skates'' means Bathyraja and Raja 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, sculpins, 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 2019, NMFS reapportioned all of the
reserves in the final harvest specifications. For 2020 and 2021, NMFS
proposes reapportionment of each of the reserves for pollock, Pacific
cod, flatfish, sculpins, 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. 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 four equal seasonal allowances of 25 percent. As established by
Sec. 679.23(d)(2)(i) through (iv), the A, B, C, and D season
allowances are available from January 20 through March 10, March 10
through May 31, August 25 through October 1, and October 1 through
November 1, respectively.
Pollock TACs in the Western and Central Regulatory Areas of the GOA
are apportioned among Statistical Areas 610, 620, and 630 in propostion
to the distribution of pollock biomass, pursuant to Sec.
679.20(a)(5)(iv)(A). In the A and B seasons, the apportionments
previously were in proportion to the distribution of pollock based on
the four most recent NMFS winter surveys. In the C and D seasons, the
apportionments were in proportion to the distribution of pollock based
on the four most recent NMFS summer surveys. For 2020 and 2021, the
Council
[[Page 66115]]
recommends, and NMFS proposes, following the apportionment methodology
for the A season that was previously used for the 2019 and 2020 harvest
specifications. This methodology averages the winter and summer
distribution of pollock in the Central Regulatory Area for the A season
instead of using the distribution based on only the winter surveys. The
average is intended to reflect the best available information about
migration patterns, distribution of pollock, and the performance of the
fishery in the area during the A season for the 2019 and 2020 fishing
years. For the A season, the apportionment is based on the proposed
adjusted estimate of the relative distribution of pollock biomass of
approximately 3 percent, 86 percent, and 11 percent in Statistical
Areas 610, 620, and 630, respectively. For the B season, the
apportionment is based on the relative distribution of pollock biomass
of approximately 3 percent, 86 percent, and 11 percent in Statistical
Areas 610, 620, and 630, respectively. For the C and D seasons, the
apportionment is based on the relative distribution of pollock biomass
of approximately 37 percent, 27 percent, and 37 percent in Statistical
Areas 610, 620, and 630, respectively. The pollock chapter of the 2018
SAFE report (see ADDRESSES) contains a comprehensive description of the
apportionment process and reasons for the minor changes from past
apportionments.
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 to 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 2020 and 2021 pollock TACs in the
WYK District of 4,607 mt and the SEO District of 8,773 mt are not
allocated by season.
Table 2 lists the proposed 2020 and 2021 seasonal biomass
distribution of pollock in the Western and Central Regulatory Areas,
area apportionments, and seasonal allowances. The amounts of pollock
for processing by the inshore and offshore components are not shown.
Section 679.20(a)(6)(i) requires 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, the incidental catch amounts of
pollock are unknown and will be determined during the 2020 fishing
year.
Table 2--Proposed 2020 and 2021 Distribution of Pollock in the Central and Western Regulatory Areas of the Gulf of Alaska; Seasonal Biomass
Distribution, Area Apportionments; and Seasonal Allowances of Annual TAC \1\
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
Season \2\ Shumagin
Chirikof
Kodiak Total \3\
(Area 610)
(Area 620)
(Area 630) ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
A (Jan 20-Mar 10)....................... 680 (2.68%) 21,888 (85.39%) 2,823 (11.12%) 25,391
B (Mar 10-May 31)....................... 680 (2.68%) 21,888 (85.39%) 2,823 (11.12%) 25,391
C (Aug 25-Oct 1)........................ 9,290 (36.59%) 6,752 (26.59%) 9,349 (36.82%) 25,391
D (Oct 1-Nov 1)......................... 9,290 (36.59%) 6,752 (26.59%) 9,349 (36.82%) 25,391
---------------------------------------------------------------------------------------------------------------
Annual Total........................ 19,939 .............. 57,279 .............. 24,345 .............. 101,564
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Area apportionments and seasonal allowances may not total precisely due to rounding.
\2\ As established by Sec. 679.23(d)(2)(i) through (iv), the A, B, C, and D season allowances are available from January 20 through March 10, March 10
through May 31, August 25 through October 1, and October 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 2020 and 2021 Pacific cod TACs in the Western and Central
Regulatory Areas of the GOA among gear and operational sectors. NMFS
also proposes allocating the 2020 and 2021 Pacific cod TACs annually
between the inshore (90 percent) and offshore (10 percent) components
in the Eastern Regulatory Area of the GOA (Sec. 679.20(a)(6)(ii)). In
the Central GOA, the Pacific cod TAC is apportioned seasonally first to
vessels using jig gear, and then among catcher vessels (CVs) less than
50 feet in length overall using hook-and-line gear, CVs equal to or
greater than 50 feet in length overall using hook-and-line gear,
catcher/processors (C/Ps) using hook-and-line gear, CVs using trawl
gear, C/Ps using trawl gear, and vessels using pot gear (Sec.
679.20(a)(12)(i)(B)). In the Western GOA, the Pacific cod TAC is
apportioned seasonally first to vessels using jig gear, and then among
CVs using hook-and-line gear, C/Ps using hook-and-line gear, CVs using
trawl gear, C/Ps using trawl gear, and vessels using pot gear (Sec.
679.20(a)(12)(i)(A)). The overall seasonal apportionments in the
Western and Central GOA are 60 percent of the annual TAC to the A
season and 40 percent of the annual TAC 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
[[Page 66116]]
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 two years.
NMFS has evaluated the historical harvest performance of the jig
sector in the Western and Central GOA, and proposes 2020 and 2021
Pacific cod apportionments to this sector based on its historical
harvest performance through 2018. For 2020 and 2021, NMFS proposes that
the jig sector receive 2.5 percent of the annual Pacific cod TAC in the
Western GOA. This includes a base allocation of 1.5 percent and an
additional performance increase of 1.0 percent. NMFS also proposes that
the jig sector receive 1.0 percent of the annual Pacific cod TAC in the
Central GOA. This includes a base allocation of 1.0 percent and no
additional performance increase. The 2014 through 2018 Pacific cod jig
allocations, catch, and percent allocation changes are listed in Figure
1.
Figure 1--Summary of Western GOA and Central GOA Pacific Cod Catch by Jig Gear in 2014 Through 2018, and Corresponding Percent Allocation Changes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Percent of
Area Year Initial Initial TAC Catch (mt) initial >90% of initial Change to percent
percent of TAC allocation allocation allocation? allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
WGOA............................ 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%.
--------------------------------------------------------------------------------------------------------------------------------------------------------
CGOA............................ 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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
NMFS will re-evaluate the annual 2019 harvest performance of the
jig sector in the Western and Central GOA when the 2019 fishing year is
complete to determine whether to change the jig sector allocations
proposed by this action in conjunction with the final 2020 and 2021
harvest specifications. The current catch through October 2019 by the
Western GOA jig sector indicates that the Pacific cod allocation
percentage to this sector would probably increase by 1 percent in 2020
(from 2.5 percent to 3.5 percent). Also, the current catch by the
Central GOA jig sector indicates that this sector's Pacific cod
allocation percentage would not change in 2020, and would remain at 1
percent. The jig sector allocations for the Western and Central GOA are
further apportioned between the A (60 percent) and B (40 percent)
seasons (Sec. Sec. 679.20(a)(12)(i) and 679.23(d)(3)(iii)).
Table 3 lists the seasonal apportionments and allocations of the
proposed 2020 and 2021 Pacific cod TACs.
Table 3--Proposed 2020 and 2021 Seasonal Apportionments and Allocations of Pacific Cod TAC Amounts in the GOA;
Allocations in the Western GOA and Central GOA Sectors, and the Eastern GOA for Processing by the Inshore and
Offshore 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)............... 170 N/A 102 N/A 68
Hook-and-line CV................ 93 0.70 46 0.70 46
Hook-and-line C/P............... 1,310 10.90 721 8.90 589
Trawl CV........................ 2,541 27.70 1,833 10.70 708
Trawl C/P....................... 159 0.90 60 1.50 99
Pot CV and Pot C/P.............. 2,514 19.80 1,310 18.20 1,204
-------------------------------------------------------------------------------
Total....................... 6,787 60.00 4,072 40.00 2,715
-------------------------------------------------------------------------------
Central GOA
Jig (1.0% of TAC)............... 73 N/A 44 N/A 29
Hook-and-line <50 CV............ 1,056 9.32 674 5.29 382
Hook-and-line >=50 CV........... 485 5.61 406 1.10 79
[[Page 66117]]
Hook-and-line C/P............... 369 4.11 297 1.00 72
Trawl CV \1\.................... 3,007 21.13 1,528 20.45 1,479
Trawl C/P....................... 304 2.00 145 2.19 159
Pot CV and Pot C/P.............. 2,010 17.83 1,289 9.97 721
-------------------------------------------------------------------------------
Total....................... 7,304 60.00 4,382 40.00 2,921
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
Eastern GOA .............. Inshore (90% of Annual TAC)
Offshore (10% of Annual TAC)
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
1,619 1,457
162
----------------------------------------------------------------------------------------------------------------
\1\ Trawl catcher vessels participating in Rockfish Program cooperatives receive 3.81 percent, or 278 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 8: 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 the Eastern Regulatory Area, the Council recommended and
NMFS proposes specifying for incidental catch the allocation of 5
percent of the combined Eastern Regulatory Area sablefish TAC to trawl
gear in the WYK District. The remainder of the WYK 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 a proposed 2020 allocation of 321 mt to
trawl gear and 2,112 mt to fixed gear in the WYK District, a proposed
2020 allocation of 3,993 mt to fixed gear in the SEO District, and a
proposed 2021 allocation of 321 mt to trawl gear in the WYK District.
Table 4 lists the allocations of the proposed 2020 sablefish TACs to
fixed and trawl gear. Table 5 lists the allocations of the proposed
2021 sablefish TACs to trawl gear.
The Council recommended that the trawl sablefish TAC be established
for two 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 4 and 5 list the proposed
2020 and 2021 trawl allocations, respectively.
The Council recommended that the fixed gear sablefish TAC be
established annually to ensure that the sablefish 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, so that the best available scientific
information could be considered in establishing the sablefish ABCs and
TACs. Accordingly, Table 4 lists the proposed 2020 fixed gear
allocations, and the 2021 fixed gear allocations will be specified in
the 2021 and 2022 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 2021 and 2022 harvest specifications.
Table 4--Proposed 2020 Sablefish TAC Amounts in the Gulf of Alaska and Allocations to Fixed and Trawl Gear
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Fixed gear Trawl
Area/district TAC allocation allocation
----------------------------------------------------------------------------------------------------------------
Western......................................................... 2,105 1,684 421
Central \1\..................................................... 6,931 5,545 1,386
West Yakutat \2\................................................ 2,433 2,112 321
Southeast Outside............................................... 3,993 3,993 0
[[Page 66118]]
Total....................................................... 15,462 13,334 2,129
----------------------------------------------------------------------------------------------------------------
\1\ The trawl allocation of sablefish to the Central Regulatory Area is further apportioned to the Rockfish
Program cooperatives (713 mt). See Table 8: Apportionments of Rockfish Secondary Species in the Central GOA.
This results in 673 mt being available for the non-Rockfish Program trawl fisheries.
\2\ The proposed trawl allocation is based on allocating 5 percent of the combined Eastern Regulatory Area (West
Yakutat and Southeast Outside Districts combined) sablefish TAC to trawl gear in the West Yakutat District.
Table 5--Proposed 2021 Sablefish TAC Amounts in the Gulf of Alaska and Allocation to Trawl Gear \1\
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Fixed gear Trawl
Area/district TAC allocation allocation
----------------------------------------------------------------------------------------------------------------
Western......................................................... 2,105 n/a 421
Central \2\..................................................... 6,931 n/a 1,386
West Yakutat \3\................................................ 2,433 n/a 321
Southeast Outside............................................... 3,993 n/a 0
-----------------------------------------------
Total....................................................... 15,462 n/a 2,129
----------------------------------------------------------------------------------------------------------------
\1\ The Council recommended that harvest specifications for the fixed gear sablefish Individual Fishing Quota
fisheries be limited to 1 year.
\2\ The trawl allocation of sablefish to the Central Regulatory Area is further apportioned to the Rockfish
Program cooperatives (713 mt). See Table 8: Apportionments of Rockfish Secondary Species in the Central GOA.
This results in 673 mt being available for the non-Rockfish Program trawl fisheries.
\3\ The proposed trawl allocation is based on allocating 5 percent of the combined Eastern Regulatory Area (West
Yakutat and Southeast Outside Districts combined) sablefish TAC to trawl gear in the West Yakutat District.
Proposed Allocations, Apportionments, and Sideboard Limitations for the
Rockfish Program
These proposed 2020 and 2021 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 C/Ps, with limited participation by vessels using
longline gear. The Rockfish Program assigns quota share and cooperative
quota to participants for primary species (Pacific ocean perch,
northern rockfish, and dusky rockfish) and secondary species (Pacific
cod, rougheye rockfish, sablefish, shortraker rockfish, and thornyhead
rockfish), allows a participant holding a license limitation program
(LLP) license with rockfish quota share to form a rockfish cooperative
with other persons, and allows holders of C/P LLP licenses to opt out
of the fishery. The Rockfish Program also has an entry level fishery
for rockfish primary species for vessels using longline gear. Longline
gear includes hook-and-line, jig, troll, and handline gear.
Under the Rockfish Program, rockfish primary species in the Central
GOA are allocated to participants after deducting for incidental catch
needs in other directed 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 that operate
under the Rockfish Program to increase their participation in other,
non-Rockfish Program fisheries. These restrictions and halibut PSC
limits are discussed in a subsequent section titled ``Rockfish Program
Groundfish Sideboard and Halibut PSC Limitations.''
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 2020
and 2021. The allocation for 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 allocation
would continue each year until it reaches the maximum percentage of the
TAC for that species. In 2019, 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
2020 and 2021 allocations in the Central GOA. The remainder of the TACs
for the rockfish primary species would be allocated to the CV and C/P
cooperatives (Sec. 679.81(a)(2)(iii)). Table 6 lists the allocations
of the proposed 2020 and 2021 TACs for each rockfish primary species to
the entry level longline fishery, the potential incremental increases
for future years, and the maximum percentages of the TACs for the entry
level longline fishery.
[[Page 66119]]
Table 6--Proposed 2020 and 2021 Allocations of Rockfish Primary Species to the Entry Level Longline Fishery in
the Central Gulf of Alaska
----------------------------------------------------------------------------------------------------------------
Incremental increase in
2021 if >90 percent of Up to maximum
Rockfish primary species 2020 and 2021 allocations 2020 allocation is percent of each
harvested TAC of:
----------------------------------------------------------------------------------------------------------------
Pacific ocean perch.................... 5 metric tons............ 5 metric tons............ 1%
Northern rockfish...................... 5 metric tons............ 5 metric tons............ 2%
Dusky rockfish......................... 50 metric tons........... 20 metric tons........... 5%
----------------------------------------------------------------------------------------------------------------
Section 679.81 requires allocations of rockfish primary species
among various sectors of the Rockfish Program. Table 7 lists the
proposed 2020 and 2021 allocations of rockfish primary species in the
Central GOA to the entry level longline fishery, and rockfish CV and C/
P cooperatives in the Rockfish Program. NMFS also proposes setting
aside incidental catch amounts (ICAs) for other directed fisheries in
the Central GOA of 3,000 mt of Pacific ocean perch, 300 mt of northern
rockfish, and 250 mt of dusky rockfish. These amounts are based on
recent average incidental catches in the Central GOA by other
groundfish fisheries.
Allocations among vessels belonging to CV or C/P cooperatives are
not included in these proposed harvest specifications. Rockfish Program
applications for CV cooperatives and C/P cooperatives are not due to
NMFS until March 1 of each calendar year; therefore, NMFS cannot
calculate 2020 and 2021 allocations in conjunction with these proposed
harvest specifications. NMFS will post the 2020 allocations on the
Alaska Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports#central-goa-rockfish when they become available after March 1.
Table 7--Proposed 2020 and 2021 Allocations of Rockfish Primary Species in the Central Gulf of Alaska to the
Entry Level Longline Fishery and Rockfish Coooperatives in the Rockfish Program
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Allocation to
Incidental the entry Allocation to
Rockfish primary species Central GOA catch TAC minus ICA level the rockfish
TAC allowance longline\1\ cooperatives\2\
(ICA) fishery
----------------------------------------------------------------------------------------------------------------
Pacific ocean perch............ 19,024 3,000 16,024 5 16,019
Northern rockfish.............. 3,147 300 2,847 5 2,842
Dusky rockfish................. 2,742 250 2,492 50 2,442
--------------------------------------------------------------------------------
Total...................... 24,913 3,550 21,363 60 21,303
----------------------------------------------------------------------------------------------------------------
\1\ Longline gear includes hook-and-line, jig, troll, and handline gear (Sec. 679.2).
\2\ Rockfish cooperatives include vessels in CV and C/P cooperatives (Sec. 679.81).
Section 679.81(c) and Table 28c to 50 CFR part 679 requires
allocations of rockfish secondary species to CV and C/P cooperatives in
the Central GOA. CV cooperatives receive allocations of Pacific cod,
sablefish from the trawl gear allocation, and thornyhead rockfish. C/P
cooperatives receive allocations of sablefish from the trawl gear
allocation, rougheye and blackspotted rockfish, shortraker rockfish,
and thornyhead rockfish. Table 8 lists the apportionments of the
proposed 2020 and 2021 TACs of rockfish secondary species in the
Central GOA to CV and C/P cooperatives.
Table 8--Proposed 2020 and 2021 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..................... 7,304 3.81 278 0.0 0
Sablefish....................... 6,931 6.78 470 3.51 243
Shortraker rockfish............. 305 0.0 0 40.00 122
Rougheye and blackspotted 545 0.0 0 58.87 321
rockfish.......................
Thornyhead rockfish............. 911 7.84 71 26.50 241
----------------------------------------------------------------------------------------------------------------
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 2019, the
Council recommended, and NMFS now proposes, halibut PSC limits of 1,706
mt for trawl gear, 257 mt for hook-and-line gear, and 9 mt for the
[[Page 66120]]
demersal shelf rockfish (DSR) fishery in the SEO District.
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. Of the 261 mt TAC for DSR in
2019, 25 mt were available for directed fishing by the DSR commercial
fishery, of which 18 mt were harvested (through September 25, 2019).
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 2020 and
2021. 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 2019. The
calculated halibut bycatch mortality through October 5, 2019 is 818 mt
for trawl gear and 48 mt for hook-and-line gear for a total halibut
mortality of 866 mt. This halibut mortality was calculated using
groundfish and halibut catch data from the NMFS Alaska Region's catch
accounting system. This accounting system contains historical and
recent catch information compiled from each Alaska groundfish fishery.
Section 679.21(d)(4)(i) and (ii) 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, the information presented in the 2019 SAFE
report, and catch data from NMFS, the State, or the International
Pacific Halibut Commission (IPHC), 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 2020 and 2021
harvest specifications pursuant to Sec. 679.21(d)(1) and (d)(4).
The final 2019 and 2020 harvest specifications (84 FR 9416, March
14, 2019) summarized the Council's and NMFS's findings for these FMP
and regulatory considerations with respect to halibut PSC limits. The
Council's and NMFS's proposed findings for these proposed 2020 and 2021
harvest specifications are unchanged from the final 2019 and 2020
harvest specifications. Table 9 lists the proposed 2020 and 2021
Pacific halibut PSC limits, allowances, and apportionments. The halibut
PSC limits in these tables 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.
Table 9--Proposed 2020 and 2021 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...................... 30.5 519 January 1-June 10.......... 86 221 January 1-December 31..... 9
April 1-July 1.......................... 20 341 June 10-September 1........ 2 5 .......................... .........
July 1-August 1......................... 27 462 September 1-December 31.... 12 31 .......................... .........
August 1-October 1...................... 7.5 128 ........................... ......... ......... .......................... .........
October 1-December 31................... 15 256 ........................... ......... ......... .......................... .........
---------------------------------------------------------------------------------------------------------------
Total............................... ......... 1,706 ........................... ......... 257 .......................... 9
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Pacific halibut prohibited species catch (PSC) limit for hook-and-line gear is allocated to the demersal shelf rockfish (DSR) fishery and
fisheries other than DSR. The Council recommended and NMFS proposes that the hook-and-line sablefish 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
[[Page 66121]]
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'' (sculpins, 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). Table 10 lists
the proposed 2020 and 2021 seasonal apportionments of trawl halibut PSC
limits between the trawl gear deep-water and the shallow-water species
fisheries.
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 28d to 50 CFR part 679 specifies the amount of the trawl
halibut PSC limit that is assigned to the CV and C/P 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 C/P sector. These amounts are allocated from the trawl deep-water
species fishery's halibut PSC third seasonal apportionment. After the
combined CV and C/P 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 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 10--Proposed 2020 and 2021 Seasonal Apportionments of the Pacific Halibut PSC Limit Apportioned Between
the Trawl Gear Shallow-Water and Deep-Water Species Fisheries
[Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
Season Shallow-water Deep-water \1\ Total
----------------------------------------------------------------------------------------------------------------
January 20-April 1.............................................. 384 135 519
April 1-July 1.................................................. 85 256 341
July 1-August 1................................................. 121 341 462
August 1-October 1.............................................. 53 75 128
-----------------------------------------------
Subtotal, January 20-October 1.................................. 643 807 1,450
-----------------------------------------------
October 1-December 31 \2\....................................... .............. .............. 256
-----------------------------------------------
Total....................................................... .............. .............. 1,706
----------------------------------------------------------------------------------------------------------------
\1\ Vessels participating in cooperatives in the 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) requires that the ``other hook-and-line
fishery'' halibut PSC limit apportionment to vessels using hook-and-
line gear be divided between CVs and C/Ps. NMFS must calculate the
halibut PSC limit apportionments for the entire GOA to hook-and-line
CVs and C/Ps in accordance with Sec. 679.21(d)(2)(iii) and in
conjunction with these harvest specifications. A comprehensive
description and example of the calculations necessary to apportion the
``other hook-and-line fishery'' halibut PSC limit between the hook-and-
line CV and C/P 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.
For 2020 and 2021, NMFS proposes annual halibut PSC limit
apportionments of 120 mt and 137 mt to the hook-and-line CV and hook-
and-line C/P sectors, respectively. The 2020 and 2021 annual halibut
PSC limits are divided into three seasonal apportionments, using
seasonal percentages of 86 percent, 2 percent, and 12 percent. Table 11
lists the proposed 2020 and 2021 annual halibut PSC limits and seasonal
apportionments between the hook-and-line CV and hook-and-line C/P
sectors in the GOA.
No later than November 1 each year, any halibut PSC limit allocated
under Sec. 679.21(d)(2)(ii)(B) not projected by the Regional
Administrator to be used by one of the hook-and-line sectors during the
remainder of the fishing year will be made available to the other
sector. NMFS calculates the projected unused amount of halibut PSC
limit by either the CV hook-and-line or the C/P 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 by either of these
sectors is made available to the remaining hook-and-line sector for the
remainder of that fishing year if NMFS determines that an additional
amount of halibut PSC limit is necessary for that sector to continue
its directed fishing operations (Sec. 679.21(d)(2)(iii)(C)).
[[Page 66122]]
Table 11--Proposed 2020 and 2021 Apportionments of the ``Other Hook-and-Line Fisheries'' Halibut PSC Allowance
Between the Hook-and-Line Gear Catcher Vessel and Catcher/Processor Sectors
[Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
Sector
``Other than DSR'' Hook-and-line sector Sector annual Season Seasonal seasonal
allowance amount percentage amount
----------------------------------------------------------------------------------------------------------------
257.................. Catcher Vessel...... 120 January 1-June 10.. 86 103
June 10-September 1 2 2
September 1- 12 14
December 31.
Catcher/Processor... 137 January 1-June 10.. 86 118
June 10-September 1 2 3
September 1- 12 16
December 31.
----------------------------------------------------------------------------------------------------------------
Halibut Discard Mortality Rates
To monitor halibut bycatch mortality allowances and apportionments,
the Regional Administrator uses observed halibut incidental catch
rates, halibut discard mortality rates (DMRs), and estimates of
groundfish catch to project when a fishery's halibut bycatch mortality
allowance or seasonal apportionment is reached. Halibut incidental
catch rates are based on observers' 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 in the methodology used for
calculating DMRs. The working group will continue to consider
improvements to the methodology used to calculate halibut mortality,
including potential changes to the reference period (the period of data
used for calculating the DMRs). 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 2019, the Council recommended adopting the halibut DMRs
derived from the revised methodology for the proposed 2020 and 2021
DMRs. The proposed 2020 and 2021 DMRs use an updated 2-year reference
period of 2017 and 2018. Comparing the proposed 2020 and 2021 DMRs to
the final DMRs from the 2019 and 2020 harvest specifications, the
proposed DMR for Rockfish Program CVs using non-pelagic trawl gear
increased to 52 percent from 49 percent, the proposed DMR for non-
Rockfish Program C/Vs using non-pelagic trawl gear increased to 68
percent from 67 percent, the proposed DMR for C/Ps and motherships
using non-pelagic trawl gear decreased to 75 percent from 79 percent,
the proposed DMR for CVs using hook-and-line gear decreased to 13
percent from 21 percent, and the proposed DMR for C/Ps and CVs using
pot gear decreased to 0 percent from 4 percent. Table 12 lists the
proposed 2020 and 2021 DMRs.
Table 12--Proposed 2020 and 2021 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.......... 52
Catcher vessel............ All others................ 68
Mothership and catcher/ All....................... 75
processor.
Hook-and-line........................... Catcher/processor......... All....................... 11
Catcher vessel............ All....................... 13
Pot..................................... Catcher vessel and catcher/ All....................... 0
processor.
----------------------------------------------------------------------------------------------------------------
[[Page 66123]]
Chinook Salmon Prohibited Species Catch Limits
Amendment 93 to the FMP (77 FR 42629, July 20, 2012) established
separate Chinook salmon PSC limits in the Western and Central
regulatory areas of the GOA in the pollock trawl 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 pollock trawl 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).
Amendment 97 to the FMP (79 FR 71350, December 2, 2014) 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 three sectors: 3,600 Chinook salmon to trawl C/Ps;
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 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 C/Ps 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 2019 (3,120 for
trawl C/Ps and 2,340 for non-Rockfish Program trawl CVs), that sector
will receive an increase to its 2020 Chinook salmon PSC limit (4,080
for trawl C/Ps and 3,060 for non-Rockfish Program trawl CVs) (Sec.
679.21(h)(4)). NMFS will evaluate the annual Chinook salmon PSC by
trawl C/Ps and non-Rockfish Program trawl CVs when the 2019 fishing
year is complete to determine whether to increase the Chinook salmon
PSC limits for these two sectors. Based on preliminary 2019 Chinook
salmon PSC data, the trawl C/P sector may receive an incremental
increase of Chinook salmon PSC limit in 2020, and the non-Rockfish
Program trawl CV sector may not receive an incremental increase of
Chinook salmon PSC limit in 2020. This evaluation will be completed in
conjunction with the final 2020 and 2021 harvest specifications.
AFA C/P and CV Groundfish Sideboard Limits
Section 679.64 establishes groundfish harvesting and processing
sideboard limits on AFA C/Ps 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 C/Ps and C/
Ps designated on a listed AFA C/P permit from harvesting any species of
fish in the GOA. Additionally, Sec. 679.7(k)(1)(iv) prohibits listed
AFA C/Ps and C/Ps designated on a listed AFA C/P 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 ft (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 for CVs the groundfish sideboard limits in
the GOA based on the aggregate retained catch of non-exempt AFA CVs of
each sideboard species from 1995 through 1997 divided by the TAC for
that species over the same period.
NMFS published a final rule (84 FR 2723, February 8, 2019) that
implemented regulations to prohibit non-exempt AFA CVs from directed
fishing for specific groundfish species or species groups subject to
sideboard limits (Sec. 679.20(d)(1)(iv)(D) and Table 56 to 50 CFR part
679). Sideboard limits not subject to the final rule continue to be
calculated and included in the GOA annual harvest specifications.
Table 13 lists the proposed 2020 and 2021 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 13.
Table 13--Proposed 2020 and 2021 GOA Non-Exempt American Fisheries Act Catcher Vessel (CV) Groundfish Sideboard Limits
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ratio of 1995-
1997 non-exempt Proposed 2020 Proposed 2020
Species Apportionments by season/ Area/component AFA CV catch to and 2021 TACs and 2021 non-
gear 1995-1997 TAC \3\ exempt AFA CV
sideboard limit
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock................................ A Season.................. Shumagin (610)............ 0.6047 680 411
January 20-March 10....... Chirikof (620)............ 0.1167 21,888 2,554
Kodiak (630).............. 0.2028 2,823 573
B Season.................. Shumagin (610)............ 0.6047 680 411
March 10-May 31........... Chirikof (620)............ 0.1167 21,888 2,554
Kodiak (630).............. 0.2028 2,823 573
C Season.................. Shumagin (610)............ 0.6047 9,290 5,617
August 25-October 1....... Chirikof (620)............ 0.1167 6,752 788
Kodiak (630).............. 0.2028 9,349 1,896
D Season.................. Shumagin (610)............ 0.6047 9,290 5,617
October 1-November 1...... Chirikof (620)............ 0.1167 6,752 788
Kodiak (630).............. 0.2028 9,349 1,896
Annual.................... WYK (640)................. 0.3495 4,607 1,610
SEO (650)................. 0.3495 8,773 3,066
Pacific cod............................ A Season \1\.............. W......................... 0.1331 4,072 542
[[Page 66124]]
January 1-June 10......... C......................... 0.0692 4,382 303
B Season \2\.............. W......................... 0.1331 2,715 361
September 1-December 31... C......................... 0.0692 2,921 202
Flatfish, shallow-water................ Annual.................... W......................... 0.0156 13,250 207
C......................... 0.0587 26,065 1,530
Flatfish, deep-water................... Annual.................... C......................... 0.0647 3,488 226
E......................... 0.0128 5,716 73
Rex sole............................... Annual.................... C......................... 0.0384 8,371 321
Arrowtooth flounder.................... Annual.................... C......................... 0.0280 68,575 1,920
Flathead sole.......................... Annual.................... C......................... 0.0213 15,400 328
Pacific ocean perch.................... Annual.................... C......................... 0.0748 19,024 1,423
E......................... 0.0466 5,503 256
Northern rockfish...................... Annual.................... C......................... 0.0277 3,147 87
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.
\3\ The Western and Central GOA and WYK District area apportionments of pollock are considered ACLs.
Non-Exempt AFA Catcher Vessel Halibut PSC Sideboard Limits
The halibut PSC sideboard limits for non-exempt AFA CVs in the GOA
are based on the aggregate retained groundfish catch by non-exempt AFA
CVs in each PSC target category from 1995 through 1997 divided by the
retained catch of all vessels in that fishery from 1995 through 1997
(Sec. 679.64(b)(4)(ii)). Table 14 lists the proposed 2020 and 2021
non-exempt AFA CV halibut PSC sideboard limits for vessels using trawl
gear in the GOA.
Table 14--Proposed 2020 and 2021 Non-Exempt American Fisheries Act Catcher Vessel Halibut PSC Sideboard Limits
for Vessels Using Trawl Gear in the GOA
[PSC limits are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Ratio of 1995-
1997 non-
exempt AFA CV Proposed 2020 Proposed 2020
Season Season dates Fishery category retained and 2021 PSC and 2021 non-
catch to total limit exempt AFA CV
retained PSC limit
catch
----------------------------------------------------------------------------------------------------------------
1.................. January 20-April 1... shallow-water....... 0.340 384 131
deep-water.......... 0.070 135 9
2.................. April 1-July 1....... shallow-water....... 0.340 85 29
deep-water.......... 0.070 256 18
3.................. July 1--August 1..... shallow-water....... 0.340 121 41
deep-water.......... 0.070 341 24
4.................. August 1--October 1.. shallow-water....... 0.340 53 18
deep-water.......... 0.070 75 5
5.................. October 1--December all targets......... 0.205 256 52
31.
----------------------------------------------------------------------------------------------------------------
Annual................................ Total shallow-water. .............. .............. 219
--------------------------------------------------------------------------------------------
Total deep-water.... .............. .............. 56
--------------------------------------------------------------------------------------------
Grand Total, all seasons and categories 1,706 327
----------------------------------------------------------------------------------------------------------------
Non-AFA Crab Vessel Groundfish Sideboard Limits
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 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
[[Page 66125]]
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)).
Table 15 lists the proposed 2020 and 2021 groundfish sideboard
limits for non-AFA crab vessels not subject to the directed fishing
prohibition under Sec. 680.22(e)(1)(iii). 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 15--Proposed 2020 and 2021 GOA Non-American Fisheries Act Crab Vessel Groundfish Sideboard Limits
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ratio of 1996- Proposed 2020
2000 non-AFA and 2021 non-
crab vessel Proposed 2020 AFA crab
Species Season/gear Area/component/gear catch to 1996- and 2021 TACs vessel
2000 total sideboard
harvest limit
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific cod.............................. A Season: January 1-June 10..... Western Pot CV............. 0.0997 4,072 406
Central Pot CV 0.0474..................... 4,382 208
B Season: September 1-December Western Pot CV............. 0.0997 2,715 271
31.
Central Pot CV 0.0474..................... 2,921 138
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rockfish Program Groundfish Sideboard and Halibut PSC Limitations
The Rockfish Program establishes three classes of sideboard
provisions: CV groundfish sideboard restrictions, C/P rockfish
sideboard restrictions, and C/P 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)).
C/Ps participating in Rockfish Program cooperatives are restricted
by rockfish and halibut PSC sideboard limits. These C/Ps 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)). Holders of C/P-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)). The sideboard ratio for each rockfish fishery in
the Western GOA and West Yakutat District is set forth in Sec.
679.82(e)(4). Table 16 lists the proposed 2020 and 2021 Rockfish
Program C/P rockfish sideboard limits in the Western GOA and West
Yakutat District. Due to confidentiality requirements associated with
fisheries data, the sideboard limits for the West Yakutat District are
not displayed.
Table 16--Proposed 2020 and 2021 Rockfish Program Sideboard Limits for the Western GOA and West Yakutat District
by Fishery for the Catcher/Processor (C/P) Sector
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
C/P sector (% of Proposed 2020 Proposed 2020 and 2021
Area Fishery TAC) and 2021 TACs C/P sideboard limit
----------------------------------------------------------------------------------------------------------------
Western GOA.................... Dusky rockfish... 72.3............. 774 560.
Pacific ocean 50.6............. 3,125 1,581.
perch.
Northern rockfish 74.3............. 1,122 834.
West Yakutat District.......... Dusky rockfish... Confidential 1... 94 Confidential. 1
Pacific ocean Confidential 1... 3,192 Confidential. 1
perch.
----------------------------------------------------------------------------------------------------------------
\1\ Not released due to confidentiality requirements associated with fish ticket data, as established by NMFS
and the State of Alaska.
Under the Rockfish Program, the C/P 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. C/Ps 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 C/P rockfish
cooperatives. The sideboard provisions for C/Ps 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 C/Ps have opted-out of the Rockfish Program
in 2020, and will know the ratios and amounts used to calculate opt-out
sideboard
[[Page 66126]]
ratios. NMFS will then calculate any applicable opt-out sideboard
limits for 2020 and post these limits on the Alaska Region website at
https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports#central-goa-rockfish. Table 17 lists the
proposed 2020 and 2021 Rockfish Program halibut PSC limits for the C/P
sector.
Table 17--Proposed 2020 and 2021 Rockfish Program Halibut PSC Limits for the Catcher/Processor Sector
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual shallow- Annual deep-
Shallow-water Deep-water water species water species
species fishery species fishery Annual halibut fishery fishery
Sector halibut PSC halibut PSC PSC limit (mt) halibut PSC halibut PSC
sideboard ratio sideboard ratio sideboard limit sideboard limit
(percent) (percent) (mt) (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Catcher/processor.................................................. 0.10 2.50 1,706 2 43
--------------------------------------------------------------------------------------------------------------------------------------------------------
Amendment 80 Program Groundfish and PSC Sideboard Limits
Amendment 80 to the Fishery Management Plan for Groundfish of the
Bering Sea and Aleutian Islands Management Area (Amendment 80 Program)
established a limited access privilege program for the non-AFA trawl C/
P 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 2020 and 2021 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 2020 and 2021 GOA Groundfish Sideboard Limits for Amendment 80 Program Vessels
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Ratio of Proposed 2020
Amendment 80 and 2021
sector Proposed 2020 Amendment 80
Species Season Area vessels 1998- and 2021 TAC vessel
2004 catch to (mt) sideboard
TAC limits (mt)
----------------------------------------------------------------------------------------------------------------
Pollock...................... A Season: Shumagin (610). 0.003 680 2
January 20-
March 10.
Chirikof (620). 0.002 21,888 44
Kodiak (630)... 0.002 2,823 6
B Season: March Shumagin (610). 0.003 680 2
10-May 31.
Chirikof (620). 0.002 21,888 44
Kodiak (630)... 0.002 2,823 6
C Season: August Shumagin (610). 0.003 9,290 28
25-October 1.
Chirikof (620). 0.002 6,752 14
Kodiak (630)... 0.002 9,349 19
D Season: Shumagin (610). 0.003 9,290 28
October 1- Chirikof (620). 0.002 6,752 14
November 1.
Kodiak (630)... 0.002 9,349 19
Annual.......... WYK (640)...... 0.002 4,607 9
Pacific cod.................. A Season 1 W.............. 0.020 4,072 81
January 1-June C.............. 0.044 4,382 193
10.
B Season \2\ W.............. 0.020 2,715 54
September 1- C.............. 0.044 2,921 129
December 31.
Annual.......... WYK............ 0.034 1,619 55
Pacific ocean perch.......... Annual.......... W.............. 0.994 3,125 3,106
WYK............ 0.961 3,192 3,068
Northern rockfish............ Annual.......... W.............. 1.000 1,122 1,122
Dusky rockfish............... Annual.......... W.............. 0.764 774 591
WYK............ 0.896 94 84
----------------------------------------------------------------------------------------------------------------
\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.
[[Page 66127]]
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
2020 and 2021 halibut PSC sideboard limits for Amendment 80 Program
vessels. These tables incorporate the maximum percentages of the
halibut PSC sideboard limits that may be used by Amendment 80 Program
vessels as contained in Table 38 to 50 CFR part 679. Any residual
amount of a seasonal Amendment 80 halibut PSC sideboard limit may carry
forward to the next season limit (Sec. 679.92(b)(2)).
Table 19--Proposed 2020 and 2021 Halibut PSC Sideboard Limits for Amendment 80 Program Vessels in the GOA
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Historic Proposed 2020
Amendment 80 Proposed 2020 and 2021
use of the and 2021 Amendment 80
Season Season dates Fishery category annual halibut annual PSC vessel PSC
PSC limit limit (mt) sideboard
(ratio) limit (mt)
----------------------------------------------------------------------------------------------------------------
1.................. January 20-April 1... shallow-water....... 0.0048 1,706 8
deep-water.......... 0.0115 1,706 20
2.................. April 1-July 1....... shallow-water....... 0.0189 1,706 32
deep-water.......... 0.1072 1,706 183
3.................. July 1-August 1...... shallow-water....... 0.0146 1,706 25
deep-water.......... 0.0521 1,706 89
4.................. August 1-October 1... shallow-water....... 0.0074 1,706 13
deep-water.......... 0.0014 1,706 2
5.................. October 1-December 31 shallow-water....... 0.0227 1,706 39
deep-water.......... 0.0371 1,706 63
----------------------------------------------------------------------------------------------------------------
Annual................................ Total shallow-water. .............. .............. 117
--------------------------------------------------------------------------------------------
Total deep-water.... .............. .............. 357
--------------------------------------------------------------------------------------------
Grand Total, all seasons and categories 474
----------------------------------------------------------------------------------------------------------------
Classification
NMFS has determined that the proposed harvest specifications are
consistent with the FMP and preliminarily determined that the proposed
harvest specifications are consistent with the Magnuson-Stevens Act and
other applicable laws, subject to further review after public comment.
This action is authorized under 50 CFR 679.20 and is exempt from
review under Executive Order 12866. This proposed rule is not an
Executive Order 13771 regulatory action because this rule is not
significant under Executive Order 12866.
NMFS prepared an EIS for the Alaska groundfish harvest
specifications and alternative harvest strategies 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 that assesses the need to
prepare a Supplemental EIS is being prepared for the final 2020 and
2021 harvest specifications. Copies of the Final EIS, ROD, and annual
SIRs for this action are available from NMFS (see ADDRESSES). The Final
EIS analyzes the environmental, social, and economic consequences of
the proposed groundfish harvest specifications and alternative harvest
strategies 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.
NMFS prepared an IRFA as required by section 603 of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 603), analyzing the methodology for
establishing the relevant TACs. The IRFA evaluated the economic impacts
on small entities of alternative harvest strategies for the groundfish
fisheries in the EEZ off Alaska. As described in the methodology, 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 methodology produces may vary from
year to year, the methodology itself remains constant.
A description of the proposed action, why it is being considered,
and the legal basis for this proposed action are contained in the
preamble above. A copy of the IRFA is available from NMFS (see
ADDRESSES). A summary of the IRFA follows.
The action under consideration is a harvest strategy to govern the
catch of groundfish in the GOA. The preferred alternative (Alternative
2) is the existing harvest strategy in which TACs fall within the range
of ABCs recommended by the SSC. However, as discussed below, NMFS also
considered other alternatives. This action is taken in accordance with
the FMP prepared by the Council pursuant to the Magnuson-Stevens Act.
The entities directly regulated by this action are those that
harvest groundfish in the EEZ of the GOA and in parallel fisheries
within State of Alaska waters. These include entities operating CVs and
C/Ps within the action area and entities receiving direct allocations
of groundfish.
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)
[[Page 66128]]
is classified as a small business if it is independently owned and
operated, is not dominant in its field of operation (including its
affiliates), and has combined annual gross receipts not in excess of
$11 million for all its affiliated operations worldwide. In addition,
under the RFA, the aggregate gross receipts of all participating
members of a cooperative must meet the ``under $11 million'' threshold
to be considered a small entity.
The IRFA shows that, in 2018, there were 756 individual CVs with
gross revenues less than or equal to $11 million. This estimate
accounts for corporate affiliations among vessels, and for cooperative
affiliations among fishing entities, since some of the fishing vessels
operating in the GOA are members of AFA inshore pollock cooperatives,
GOA rockfish cooperatives, or BSAI CR Program cooperatives. Vessels
that participate in these cooperatives are considered to be large
entities within the meaning of the RFA because the aggregate gross
receipts of all participating members exceed the $11 million threshold.
After accounting for membership in these cooperatives, there are an
estimated 756 small CV entities remaining in the GOA groundfish sector.
However, the estimate of 756 CVs may be an overstatement of the number
of small entities. This latter group of vessels had average gross
revenues that varied by gear type. Average gross revenues for hook-and-
line CVs, pot gear CVs, and trawl gear CVs are estimated to be
$390,000, $870,000, and $2 million, respectively. Revenue data for the
three C/Ps considered to be small entities are confidential.
The preferred alternative (Alternative 2) was compared to four
other alternatives. Alternative 1 would have set TACs to generate
fishing rates equal to the maximum permissible ABC (if the full TAC
were harvested), unless the sum of TACs exceeded the GOA OY, in which
case TACs would be limited to the OY. Alternative 3 would have set TACs
to produce fishing rates equal to the most recent 5-year average
fishing rates. Alternative 4 would have set TACs to equal the lower
limit of the GOA OY range. Alternative 5, the ``no action
alternative,'' would have set TACs equal to zero.
The TACs associated with Alternative 2, the preferred harvest
strategy, are those recommended by the Council in October 2019. OFLs
and ABCs for the species were based on recommendations prepared by the
Council's Plan Team in September 2019, and reviewed by the Council's
SSC in October 2019. The Council based its TAC recommendations on those
of its AP, which were consistent with the SSC's OFL and ABC
recommendations.
Alternative 1 selects harvest rates that would allow fishermen to
harvest stocks at the level of ABCs, unless total harvests were
constrained by the upper bound of the GOA OY of 800,000 mt. As shown in
Table 1 of the preamble, the sum of ABCs in 2020 and 2021 would be
487,218 mt, which is below the upper bound of the OY range. The sum of
TACs is 408,534 mt, which is less than the sum of ABCs. In this
instance, Alternative 1 is consistent with the preferred alternative
(Alternative 2), meets the objectives of that action, and has small
entity impacts that may be equivalent to the preferred alternative.
However, it is not likely that Alternative 1 would result in reduced
adverse economic impacts to directly-regulated small entities relative
to Alternative 2. The selection of Alternative 1, which could increase
all TACs up to the sum of ABCs, would not take into account the fact
that that increased TACs for some species probably would not be fully
harvested. This could be due to a variety of reasons, including the
lack of commercial or market interest in some species. Additionally, an
underharvest of flatfish TACs could result due to other factors, such
as the fixed, and therefore constraining, PSC limits associated with
the harvest of the GOA groundfish species. Furthermore, TACs may be set
lower than ABC for conservation purposes, as is the case with other
rockfish in the Eastern GOA. Finally, the TACs for two species (pollock
and Pacific cod) cannot be set equal to ABC, as the TAC must be reduced
to account for the State's GHLs in these fisheries.
Alternative 3 selects harvest rates based on the most recent 5
years of harvest rates (for species in Tiers 1 through 3) or based on
the most recent 5 years of harvests (for species in Tiers 4 through 6).
This alternative is inconsistent with the objectives of this action
because it does not take account of the most recent biological
information for this fishery, as required by the Magnuson-Stevens Act.
NMFS annually conducts at-sea stock surveys for different species, as
well as statistical modeling, to estimate stock sizes and permissible
harvest levels. Actual harvest rates or harvest amounts are a component
of these estimates, but in and of themselves may not accurately portray
stock sizes and conditions. Harvest rates are listed for each species
or species group for each year in the SAFE report (see ADDRESSES).
Alternative 4 would lead to significantly lower harvests of all
groundfish species and would reduce the TACs from the upper end of the
OY range in the GOA to its lower end of 116,000 mt. Overall, this
alternative would reduce 2020 TACs by about 72 percent and would lead
to significant reductions in harvests of species harvested by small
entities. While production declines in the GOA would be associated with
offsetting price increases in the GOA, the size of these increases is
uncertain and would still be constrained by production of substitutes.
There are close substitutes for GOA groundfish species available in
significant quantities from the Bering Sea and Aleutian Islands
management area. Thus, price increases associated with reduced
production are not likely to fully offset revenue declines from reduced
production, and this alternative would have a detrimental impact on
small entities.
Alternative 5, which sets all harvests equal to zero, would have a
significant adverse economic impact on small entities and would be
contrary to obligations to achieve OY on a continuing basis, as
mandated by the Magnuson-Stevens Act. Under Alternative 5, all
individual CVs impacted by this rule would have gross revenues of $0.
Additionally, the small C/Ps impacted by this rule also would have
gross revenues of $0.
The proposed harvest specifications (Alternative 2) extend the
current 2020 OFLs, ABCs, and TACs to 2020 and 2021. As noted in the
IRFA and this preamble, the Council may modify its recommendations for
final OFLs, ABCs, and TACs in December 2019, when it reviews the
November 2019 SAFE report from its Groundfish Plan Team, and the
December 2019 Council meeting reports of its SSC and AP. Because the
2020 TACs in these proposed 2020 and 2021 harvest specifications are
unchanged from the 2020 TACs in the final 2019 and 2020 harvest
specifications (84 FR 9416; March 14, 2019), and because the sum of all
TACs remains within OY for the GOA, NMFS does not expect adverse
impacts on small entities. Also, NMFS does not expect any changes made
by the Council in December 2019 to have significant adverse impacts on
small entities.
This action does not modify recordkeeping or reporting
requirements, or duplicate, overlap, or conflict with any Federal
rules.
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).
[[Page 66129]]
Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 1540(f); 16 U.S.C.
1801 et seq.; 16 U.S.C. 3631 et seq.; Pub. L. 105-277; Pub. L. 106-
31; Pub. L. 106-554; Pub. L. 108-199; Pub. L. 108-447; Pub. L. 109-
241; Pub. L. 109-479.
Dated: November 26, 2019.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2019-26088 Filed 12-2-19; 8:45 am]
BILLING CODE 3510-22-P