[Federal Register Volume 85, Number 46 (Monday, March 9, 2020)]
[Rules and Regulations]
[Pages 13553-13576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04475]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 200227-0066]
RIN 0648-XH080


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands; Final 2020 and 2021 Harvest Specifications for 
Groundfish

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; harvest specifications and closures.

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SUMMARY: NMFS announces final 2020 and 2021 harvest specifications, 
apportionments, and prohibited species catch allowances for the 
groundfish fishery of the Bering Sea and Aleutian Islands management 
area (BSAI). This action is necessary to establish harvest limits for 
groundfish during the remainder of the 2020 and the start of the 2021 
fishing years and to accomplish the goals and objectives of the Fishery 
Management Plan for Groundfish of the Bering Sea and Aleutian Islands 
Management Area (FMP). The 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the 2021 harvest specifications will be superseded in early 2021 when 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 BSAI in accordance with the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act).

DATES: Harvest specifications and closures are effective from 1200 
hours, Alaska local time (A.l.t.), March 9, 2020, through 2400 hours, 
A.l.t., December 31, 2021.

ADDRESSES: Electronic copies of the Alaska Groundfish Harvest 
Specifications Final Environmental Impact Statement (EIS), Record of 
Decision (ROD), annual Supplementary Information Reports (SIRs) to the 
Final EIS, and the Initial Regulatory Flexibility Analysis (IRFA) 
prepared for this action are available from https://www.fisheries.noaa.gov/region/alaska. The 2019 Stock Assessment and 
Fishery Evaluation (SAFE) report for the groundfish resources of the 
BSAI, dated November 2019, as well as the SAFE reports for previous 
years, are available from the North Pacific Fishery Management Council 
(Council) at 1007 West 3rd Ave, Suite #400, Anchorage, AK 99501, phone 
907-271-2809, or from the Council's website at https://www.npfmc.org/.

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

SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR part 679 
implement the FMP and govern the groundfish fisheries in the BSAI. The 
Council prepared the FMP, and NMFS approved it, under the Magnuson-
Stevens Act. General regulations governing U.S. fisheries also appear 
at 50 CFR part 600.
    The FMP and its implementing regulations require NMFS, after 
consultation with the Council, to specify annually the total allowable 
catch (TAC) for each target species category. The sum of all TAC for 
all groundfish species in the BSAI must be within the optimum yield 
(OY) range of 1.4 million to 2.0 million metric tons (mt) (see Sec.  
679.20(a)(1)(i)(A)). This final rule specifies the total TAC at 2.0 
million mt for both 2020 and 2021. NMFS also must specify 
apportionments of TAC, prohibited species catch (PSC) allowances, and 
prohibited species quota (PSQ) reserves established by Sec.  679.21; 
seasonal allowances of pollock, Pacific cod, and Atka mackerel TAC; 
American Fisheries Act allocations; Amendment 80 allocations; Community 
Development Quota (CDQ) reserve amounts established by Sec.  
679.20(b)(1)(ii); and acceptable biological catch (ABC) surpluses and 
reserves for CDQ groups and the Amendment 80 cooperative for flathead 
sole, rock sole, and yellowfin sole. The final harvest specifications 
set forth in Tables 1 through 22 of this action satisfy these 
requirements.
    Section 679.20(c)(3)(i) further requires that NMFS consider public 
comment on the proposed harvest specifications and,

[[Page 13554]]

after consultation with the Council, publish final harvest 
specifications in the Federal Register. The proposed 2020 and 2021 
harvest specifications for the groundfish fishery of the BSAI were 
published in the Federal Register on December 3, 2019 (84 FR 66129). 
Comments were invited and accepted through January 2, 2020. As 
discussed in the Response to Comments section below, NMFS received one 
comment letter during the public comment period for the proposed BSAI 
groundfish harvest specifications. No changes were made to the final 
rule in response to the comment letter received.
    NMFS consulted with the Council on the final 2020 and 2021 harvest 
specifications during the December 2019 Council meeting in Anchorage, 
AK. After considering public comments, as well as biological and 
socioeconomic data that were available at the Council's December 
meeting, NMFS implements in this final rule the final 2020 and 2021 
harvest specifications as recommended by the Council.

ABC and TAC Harvest Specifications

    The final ABC amounts for Alaska groundfish are based on the best 
available biological and socioeconomic information, including projected 
biomass trends, information on assumed distribution of stock biomass, 
and revised technical methods used to calculate stock biomass. In 
general, the development of ABCs and overfishing levels (OFLs) involves 
sophisticated statistical analyses of fish populations. The FMP 
specifies a series of six tiers to define OFL and ABC amounts based on 
the level of reliable information available to fishery scientists. Tier 
1 represents the highest level of information quality available, while 
Tier 6 represents the lowest.
    In December 2019, the Council, its Scientific and Statistical 
Committee (SSC), and its Advisory Panel (AP) reviewed current 
biological and harvest information about the condition of the BSAI 
groundfish stocks. The Council's BSAI Groundfish Plan Team (Plan Team) 
compiled and presented this information in the 2019 SAFE report for the 
BSAI groundfish fisheries, dated November 2019 (see ADDRESSES). The 
SAFE report contains a review of the latest scientific analyses and 
estimates of each species' biomass and other biological parameters, as 
well as summaries of the available information on the BSAI ecosystem 
and the economic condition of groundfish fisheries off Alaska. NMFS 
notified the public of the comment period for these harvest 
specifications--and of the publication of the 2019 SAFE report--in the 
notice of proposed harvest specifications. From the data and analyses 
in the SAFE report, the Plan Team recommended an OFL and ABC for each 
species or species group at the November 2019 Plan Team meeting.
    In December 2019, the SSC, AP, and Council reviewed the Plan Team's 
recommendations. The final TAC recommendations were based on the ABCs 
as adjusted for other biological and socioeconomic considerations, 
including maintaining the sum of all the TACs within the required OY 
range of 1.4 million to 2.0 million mt. As required by annual catch 
limit rules for all fisheries (74 FR 3178, January 16, 2009), none of 
the Council's recommended 2020 or 2021 TACs exceed the final 2020 or 
2021 ABCs for any species or species group. NMFS finds that the 
Council's recommended OFLs, ABCs, and TACs are consistent with the 
preferred harvest strategy and the biological condition of groundfish 
stocks as described in the 2019 SAFE report that was approved by the 
Council. Therefore, this final rule provides notice that the Secretary 
of Commerce approves the final 2020 and 2021 harvest specifications as 
recommended by the Council.
    The 2020 harvest specifications set in this final action will 
supersede the 2020 harvest specifications previously set in the final 
2019 and 2020 harvest specifications (84 FR 9000, March 13, 2019). The 
2021 harvest specifications herein will be superseded in early 2021 
when the final 2021 and 2022 harvest specifications are published. 
Pursuant to this final action, the 2020 harvest specifications 
therefore will apply for the remainder of the current year (2020), 
while the 2021 harvest specifications are projected only for the 
following year (2021) and will be superseded in early 2021 by the final 
2021 and 2022 harvest specifications. Because this final action 
(published in early 2020) will be superseded in early 2021 by the 
publication of the final 2021 and 2022 harvest specifications, it is 
projected that this final action will implement the harvest 
specifications for the BSAI for approximately one year.

Other Actions 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 OFL, ABC, and TAC for 
sculpins in the BSAI 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 requirements, and establish a sculpin 
maximum retainable amount at 20 percent when directed fishing for 
groundfish species to discourage sculpin 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 rule to reclassify sculpins as an ecosystem component 
species in 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 BSAI 
groundfish harvest specifications.

Final Rulemaking To Prohibit Directed Fishing for American Fisheries 
Act (AFA) Program Sideboard Limits

    On February 8, 2019, NMFS published a final rule (84 FR 2723) that 
modified regulations for the AFA Program participants subject to limits 
on the catch of specific species (sideboard limits) in the BSAI. 
Sideboard limits are intended to prevent AFA Program 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, rather than prohibiting directed fishing through 
the annual BSAI harvest specifications. Since the final rule is now 
effective, NMFS is no longer publishing in the annual BSAI harvest 
specifications the AFA 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 from directed fishing in regulation (Sec.  
679.20(d)(1)(iv)(D) and Tables 54, 55, and 56 to 50 CFR part 679). NMFS 
will continue to publish in the annual BSAI harvest specifications the 
AFA Program sideboard limit amounts for groundfish species or species 
groups that were not subject to the final rule (see Tables 20-22 of 
this action).

[[Page 13555]]

State of Alaska Guideline Harvest Levels

    For 2020 and 2021, the Board of Fisheries (BOF) for the State of 
Alaska (State) established the guideline harvest level (GHL) for 
vessels using pot gear in State waters in the Bering Sea subarea (BS) 
equal to 9 percent of the Pacific cod ABC in the BS. The State's pot 
gear BS GHL will increase one percent annually up to 15 percent of the 
BS ABC, if 90 percent of the GHL is harvested by November 15 of the 
preceding year. If 90 percent of the 2020 BS GHL is not harvested by 
November 15, 2020, then the 2021 BS GHL will remain at the same percent 
as the 2020 BS GHL. If 90 percent of the 2020 BS GHL is harvested by 
November 15, 2020, then the 2021 BS GHL will increase by one percent 
and the 2021 BS TAC will be set to account for the increased BS GHL. 
Also, for 2020 and 2021, the BOF established an additional GHL for 
vessels using jig gear in State waters in the BS equal to 45 mt of 
Pacific cod in the BS. The Council and its Plan Team, SSC, and AP 
recommended that the sum of all State and Federal water Pacific cod 
removals from the BS not exceed the ABC recommendations for Pacific cod 
in the BS. Accordingly, the Council recommended, and NMFS approves, 
that the 2020 and 2021 Pacific cod TACs in the BS account for the 
State's GHLs for Pacific cod caught in State waters in the BS.
    For 2020 and 2021, the BOF for the State established the GHL in 
State waters in the Aleutian Islands subarea (AI) equal to 35 percent 
of the 2020 AI ABC or 7,210 mt. The AI GHL will increase annually by 4 
percent of the AI ABC, if 90 percent of the GHL is harvested by 
November 15 of the preceding year, but may not exceed 39 percent of the 
AI ABC or 15 million pounds (6,804 mt). For 2020, 35 percent of the AI 
ABC is 7,210 mt, which exceeds the AI GHL limit of 6,804 mt. The 
Council and its Plan Team, SSC, and AP recommended that the sum of all 
State and Federal water Pacific cod removals from the AI not exceed the 
ABC recommendations for Pacific cod in the AI. Accordingly, the Council 
recommended, and NMFS approves, that the 2020 and 2021 Pacific cod TACs 
in the AI account for the State's GHL of 6,804 mt for Pacific cod 
caught in State waters in the AI.

Changes From the Proposed 2020 and 2021 Harvest Specifications for the 
BSAI

    The Council's recommendations for the proposed 2020 and 2021 
harvest specifications (84 FR 66129, December 3, 2019) were based 
largely on information contained in the 2018 SAFE report for the BSAI 
groundfish fisheries. Through the proposed harvest specifications, NMFS 
notified the public that these harvest specifications could change, as 
the Council would consider information contained in the 2019 SAFE 
report; recommendations from the Plan Team, SSC, and AP committees; and 
public comments when making its recommendations for final harvest 
specifications at the December 2019 Council meeting. NMFS further 
notified the public that, as required by the FMP and its implementing 
regulations, the sum of the TACs must be within the OY range of 1.4 
million and 2.0 million mt.
    Information contained in the 2019 SAFE report indicates biomass 
changes from the 2018 SAFE report for several groundfish species. The 
2019 report was made available for public review during the public 
comment period for the proposed harvest specifications. At the December 
2019 Council meeting, the SSC recommended the 2020 and 2021 ABCs based 
on the best and most recent information contained in the 2019 SAFE 
report. The SSC recommended slight model adjustments for Eastern Bering 
Sea pollock and BS Pacific cod, but accepted Plan Team recommendations 
for all other species, except for sablefish. The SSC's recommendation 
resulted in an ABC sum total for all BSAI groundfish species in excess 
of 2.0 million mt for both 2020 and 2021.
    For sablefish, as discussed in the proposed 2020 and 2021 harvest 
specifications (84 FR 66129, December 3, 2019) the SSC considered the 
appropriateness of continuing to specify sablefish OFLs at the separate 
Bering Sea, Aleutian Islands, and Gulf of Alaska (GOA) management area 
levels. The SSC reviewed the information available regarding area 
apportionment of the OFL, and decided that the best scientific 
information available regarding stock structure for sablefish supports 
an Alaska-wide OFL specification. Therefore, based on biological 
considerations, the SSC recommended specification of a single Alaska-
wide sablefish OFL, which includes the Bering Sea, Aleutian Islands, 
and the GOA. Also, the SSC agreed with the Plan Team that a substantial 
reduction in the 2020 and 2021 ABCs from the maximum permissible ABCs 
were warranted. However, the SSC revised the Plan Team's recommendation 
for the sablefish ABCs by revising the method and amount of the 
reduction of the sablefish ABCs from the maximum permissible ABCs.
    Based on increased fishing effort in 2019, the Council recommends 
final BS pollock TACs increase by 4,176 mt in 2020 and 29,176 mt in 
2021 compared to the proposed 2020 and 2021 BS pollock TACs. In terms 
of percentage, the largest increases in final 2020 TACs relative to the 
proposed 2020 TACs include BS ``other rockfish'' and BSAI northern 
rockfish. The increases account for anticipated higher incidental 
catches of these species, based on increased incidental catches in 
2019. Other increases in the final 2020 TACs relative to the proposed 
2020 TACs include BS Pacific cod, Aleutian Islands (AI) Pacific cod, AI 
Greenland turbot, BSAI arrowtooth flounder, BSAI Kamchatka flounder, 
BSAI flathead sole, Bering Sea and Eastern Aleutian Islands (BS/EAI) 
blackspotted/rougheye rockfish, Central Aleutian and Western Aleutian 
(CAI/WAI) blackspotted/rougheye rockfish, BSAI shortraker rockfish, 
Eastern Aleutian Islands and Bering Sea (EAI/BS) Atka mackerel, Western 
Aleutian Islands (WAI) Atka mackerel, Central Aleutian Islands (CAI) 
Atka mackerel, BSAI sculpins, and BSAI sharks. The 2020 increases 
account for higher interest in directed fishing or higher anticipated 
incidental catch needs.
    Decreases in final 2020 TACs compared to the proposed 2020 TACs 
include AI sablefish, BS sablefish, BS Pacific ocean perch, CAI Pacific 
ocean perch, Eastern Aleutian Islands (EAI) Pacific ocean perch, BSAI 
yellowfin sole, BSAI rock sole, BSAI Alaska plaice, BSAI ``other 
flatfish,'' BSAI octopuses, and BSAI skates. The decreases are for 
anticipated lower incidental catch needs of these species relative to 
2019. The changes to TACs between the proposed and final harvest 
specifications are based on the most recent scientific and economic 
information and are consistent with the FMP, regulatory obligations, 
and harvest strategy as described in the proposed harvest 
specifications, including the upper limit for OY of 2.0 million mt. 
These changes are compared in Table 1A.
    Table 1 lists the Council's recommended final 2020 OFL, ABC, TAC, 
initial TAC (ITAC), and CDQ reserve allocations of the BSAI groundfish 
species or species groups; and Table 2 lists the Council's recommended 
final 2021 OFL, ABC, TAC, ITAC, and CDQ reserve allocations of the BSAI 
groundfish species or species groups. NMFS concurs in these 
recommendations. These final 2020 and 2021 TAC amounts for the BSAI are 
within the OY range established for the BSAI and do not exceed the ABC 
for any species or species group. The apportionment of TAC amounts 
among

[[Page 13556]]

fisheries and seasons is discussed below.

    Table 1--Final 2020 Overfishing Level (OFL), Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), and CDQ Reserve
                                                        Allocation of Groundfish in the BSAI \1\
                                                              [Amounts are in metric tons]
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                                                                                                               2020
                 Species                               Area              -------------------------------------------------------------------------------
                                                                                OFL             ABC             TAC          ITAC \2\         CDQ \3\
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Pollock \4\.............................  BS............................       4,085,000       2,043,000       1,425,000       1,282,500         142,500
                                          AI............................          66,973          55,120          19,000          17,100           1,900
                                          Bogoslof......................         183,080         137,310              75              75               -
Pacific cod \5\.........................  BS............................         191,386         155,873         141,799         126,627          15,172
                                          AI............................          27,400          20,600          13,796          12,320           1,476
Sablefish \6\...........................  Alaska........................          50,481             n/a             n/a             n/a             n/a
                                          BS............................             n/a           2,174           1,861           1,535             256
                                          AI............................             n/a           2,952           2,039           1,657             344
Yellowfin sole..........................  BSAI..........................         287,307         260,918         150,700         134,575          16,125
Greenland turbot........................  BSAI..........................          11,319           9,625           5,300           4,505             n/a
                                          BS............................             n/a           8,403           5,125           4,356             548
                                          AI............................             n/a           1,222             175             149               -
Arrowtooth flounder.....................  BSAI..........................          84,057          71,618          10,000           8,500           1,070
Kamchatka flounder......................  BSAI..........................          11,495           9,708           6,800           5,780               -
Rock sole \7\...........................  BSAI..........................         157,300         153,300          47,100          42,060           5,040
Flathead sole \8\.......................  BSAI..........................          82,810          68,134          19,500          17,414           2,087
Alaska plaice...........................  BSAI..........................          37,600          31,600          17,000          14,450               -
Other flatfish \9\......................  BSAI..........................          21,824          16,368           4,000           3,400               -
Pacific ocean perch.....................  BSAI..........................          58,956          48,846          42,875          37,678             n/a
                                          BS............................             n/a          14,168          14,168          12,043               -
                                          EAI...........................             n/a          11,063          10,613           9,477           1,136
                                          CAI...........................             n/a           8,144           8,094           7,228             866
                                          WAI...........................             n/a          15,471          10,000           8,930           1,070
Northern rockfish.......................  BSAI..........................          19,751          16,243          10,000           8,500               -
Blackspotted/Rougheye rockfish \10\.....  BSAI..........................             861             708             349             297               -
                                          BS/EAI........................             n/a             444              85              72               -
                                          CAI/WAI.......................             n/a             264             264             224               -
Shortraker rockfish.....................  BSAI..........................             722             541             375             319               -
Other rockfish \11\.....................  BSAI..........................           1,793           1,344           1,088             925               -
                                          BS............................             n/a             956             700             595               -
                                          AI............................             n/a             388             388             330               -
Atka mackerel...........................  BSAI..........................          81,200          70,100          59,305          52,959           6,346
                                          BS/EAI........................             n/a          24,535          24,535          21,910           2,625
                                          CAI...........................             n/a          14,721          14,721          13,146           1,575
                                          WAI...........................             n/a          30,844          20,049          17,904           2,145
Skates..................................  BSAI..........................          49,792          41,543          16,313          13,866  ..............
Sculpins................................  BSAI..........................          67,817          50,863           5,300           4,505  ..............
Sharks..................................  BSAI..........................             689             517             150             128  ..............
Octopuses...............................  BSAI..........................           4,769           3,576             275             234  ..............
                                                                         -------------------------------------------------------------------------------
    Total...............................  ..............................       5,584,382       3,272,581       2,000,000       1,791,907         195,935
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\1\ These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these
  harvest specifications, the Bering Sea subarea (BS) includes the Bogoslof District.
\2\ Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and Amendment 80 species (Atka mackerel, yellowfin
  sole, rock sole, flathead sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 15 percent of each TAC is put into a non-specified reserve.
  The ITAC for these species is the remainder of the TAC after the subtraction of these reserves. For pollock and Amendment 80 species, ITAC is the non-
  CDQ allocation of TAC (see footnotes 3 and 4).
\3\ For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 10.7
  percent of the TAC is reserved for use by CDQ participants (see Sec.  Sec.   679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish TAC
  allocated to hook-and-line gear or pot gear, 7.5 percent of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for Bering Sea
  Greenland turbot and arrowtooth flounder are reserved for use by CDQ participants (see Sec.   679.20(b)(1)(ii)(B) and (D)). Aleutian Islands Greenland
  turbot, ``other flatfish,'' Alaska plaice, Bering Sea Pacific ocean perch, northern rockfish, shortraker rockfish, blackspotted/rougheye rockfish,
  ``other rockfish,'' skates, sculpins, sharks, and octopuses are not allocated to the CDQ program.
\4\ Under Sec.   679.20(a)(5)(i)(A), the annual BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second
  for the incidental catch allowance (3.7 percent), is further allocated by sector for a pollock directed fishery as follows: inshore--50 percent;
  catcher/processor--40 percent; and motherships--10 percent. Under Sec.   679.20(a)(5)(iii)(B)(2), the annual AI pollock TAC, after subtracting first
  for the CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (2,400 mt), is allocated to the Aleut Corporation
  for a pollock directed fishery.
\5\ The BS Pacific cod TAC is set to account for the 9 percent, plus 45 mt, of the BS ABC for the State of Alaska's (State) guideline harvest level in
  State waters of the BS. The AI Pacific cod TAC is set to account for 35 percent of the AI ABC for the State guideline harvest level in State waters of
  the AI, except 35 percent of the AI ABC exceeds the State guideline harvest level of 15 million pounds (6,804 mt), in which case the TAC is set to
  account for the State guideline harvest level of 6,804 mt.
\6\ The sablefish OFL is Alaska-wide and includes the Gulf of Alaska.
\7\ ``Rock sole'' includes Lepidopsetta polyxystra (Northern rock sole) and Lepidopsetta bilineata (Southern rock sole).
\8\ ``Flathead sole'' includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
\9\ ``Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole,
  Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.

[[Page 13557]]

 
\10\ ``Blackspotted/Rougheye rockfish'' includes Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted).
\11\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean perch, northern rockfish, blackspotted/
  rougheye rockfish, and shortraker rockfish.
Note: Regulatory areas and districts are defined at Sec.   679.2 (BSAI=Bering Sea and Aleutian Islands management area, BS=Bering Sea subarea,
  AI=Aleutian Islands subarea, EAI=Eastern Aleutian district, CAI=Central Aleutian district, WAI=Western Aleutian district).


                        Table 1A--Comparison of Final 2020 and 2021 With Proposed 2020 and 2021 Total Allowable Catch in the BSAI
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             2020                                                2021
                                                                   2020         2020      percentage                   2021         2021      percentage
            Species                   Area 1       2020 final    proposed    difference   difference   2021 final    proposed    difference   difference
                                                      TAC          TAC          from         from         TAC          TAC          from         from
                                                                              proposed     proposed                               proposed     proposed
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock........................  BS.............    1,425,000    1,420,824        4,176          0.3    1,450,000    1,420,824       29,176          2.1
                                 AI.............       19,000       19,000  ...........  ...........       19,000       19,000
                                 Bogoslof.......           75           75  ...........  ...........           75           75
Pacific cod....................  BS.............      141,799      124,625       17,174         13.8       92,633      124,625     (31,992)       (25.7)
                                 AI.............       13,796       13,390          406          3.0       13,796       13,390          406          3.0
Sablefish......................  BS.............        1,861        1,994        (133)        (6.7)        2,865        1,994          871         43.7
                                 AI.............        2,039        2,688        (649)       (24.1)        2,500        2,688        (188)        (7.0)
Yellowfin sole.................  BSAI...........      150,700      166,425     (15,725)        (9.4)      168,900      166,425        2,475          1.5
Greenland turbot...............  BS.............        5,125        5,125  ...........  ...........        5,125        5,125
                                 AI.............          175          169            6          3.6          251          169           82         48.5
Arrowtooth flounder............  BSAI...........       10,000        8,000        2,000         25.0       10,000        8,000        2,000         25.0
Kamchatka flounder.............  BSAI...........        6,800        5,000        1,800         36.0        7,000        5,000        2,000         40.0
Rock sole......................  BSAI...........       47,100       57,100     (10,000)       (17.5)       49,000       57,100      (8,100)       (14.2)
Flathead sole..................  BSAI...........       19,500       14,500        5,000         34.5       24,000       14,500        9,500         65.5
Alaska plaice..................  BSAI...........       17,000       18,000      (1,000)        (5.6)       20,000       18,000        2,000         11.1
Other flatfish.................  BSAI...........        4,000        6,500      (2,500)       (38.5)        5,000        6,500      (1,500)       (23.1)
Pacific ocean perch............  BS.............       14,168       14,274        (106)        (0.7)       13,600       14,274        (674)        (4.7)
                                 EAI............       10,613       11,146        (533)        (4.8)       10,619       11,146        (527)        (4.7)
                                 CAI............        8,094        8,205        (111)        (1.4)        7,817        8,205        (388)        (4.7)
                                 WAI............       10,000       10,000  ...........  ...........       10,000       10,000  ...........  ...........
Northern rockfish..............  BSAI...........       10,000        6,500        3,500         53.8       10,000        6,500        3,500         53.8
Blackspotted and Rougheye        BS/EAI.........           85           75           10         13.3           85           75           10         13.3
 rockfish.
                                 CAI/WAI........          264          204           60         29.4          339          204          135         66.2
Shortraker rockfish............  BSAI...........          375          358           17          4.7          375          358           17          4.7
Other rockfish.................  BS.............          700          275          425        154.5          700          275          425        154.5
                                 AI.............          388          388  ...........  ...........          388          388  ...........  ...........
Atka mackerel..................  EAI/BS.........       24,535       22,190        2,345         10.6       22,540       22,190          350          1.6
                                 CAI............       14,721       13,310        1,411         10.6       13,524       13,310          214          1.6
                                 WAI............       20,049       18,135        1,914         10.6       18,418       18,135          283          1.6
Skates.........................  BSAI...........       16,313       26,000      (9,687)       (37.3)       16,000       26,000     (10,000)       (38.5)
Sculpins.......................  BSAI...........        5,300        5,000          300          6.0        5,000        5,000  ...........  ...........
Sharks.........................  BSAI...........          150          125           25         20.0          150          125           25         20.0
Octopuses......................  BSAI...........          275          400        (125)       (31.3)          300          400        (100)       (25.0)
                                                 -------------------------------------------------------------------------------------------------------
    Total......................  BSAI...........    2,000,000    2,000,000  ...........  ...........    2,000,000    2,000,000  ...........  ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 Bering Sea subarea (BS), Aleutian Islands subarea (AI), Bering Sea and Aleutian Islands management area (BSAI), Eastern Aleutian District (EAI),
  Central Aleutian District (CAI), and Western Aleutian District (WAI).


    Table 2--Final 2021 Overfishing Level (OFL), Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), and CDQ Reserve
                                                         Allocation of Groundfish in the BSAI 1
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                               2021
                 Species                               Area              -------------------------------------------------------------------------------
                                                                                OFL             ABC             TAC           ITAC 2           CDQ 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock 4...............................  BS............................       3,385,000       1,767,000       1,450,000       1,305,000         145,000
                                          AI............................          70,970          58,384          19,000          17,100           1,900
                                          Bogoslof......................         183,080         137,310              75              75  ..............
Pacific cod 5...........................  BS............................         125,734         102,975          92,633          82,721           9,912
                                          AI............................          27,400          20,600          13,796          12,320           1,476
Sablefish 6.............................  Alaska wide...................          64,765             n/a             n/a             n/a             n/a
                                          BS............................             n/a           2,865           2,865           1,218             107
                                          AI............................             n/a           3,891           2,500             531              47
Yellowfin sole..........................  BSAI..........................         287,943         261,497         168,900         150,828          18,072
Greenland turbot........................  BSAI..........................          10,006           8,510           5,376           4,570             n/a
                                          BS............................             n/a           7,429           5,125           4,356             548
                                          AI............................             n/a           1,081             251             213  ..............
Arrowtooth flounder.....................  BSAI..........................          86,647          73,804          10,000           8,500           1,070
Kamchatka flounder......................  BSAI..........................          11,472           9,688           7,000           5,950  ..............
Rock sole 7.............................  BSAI..........................         236,800         230,700          49,000          43,757           5,243
Flathead sole 8.........................  BSAI..........................          86,432          71,079          24,000          21,432           2,568
Alaska plaice...........................  BSAI..........................          36,500          30,700          20,000          17,000  ..............
Other flatfish 9........................  BSAI..........................          21,824          16,368           5,000           4,250  ..............

[[Page 13558]]

 
Pacific ocean perch.....................  BSAI..........................          56,589          46,885          42,036          36,953             n/a
                                          BS............................             n/a          13,600          13,600          11,560  ..............
                                          EAI...........................             n/a          10,619          10,619           9,483           1,136
                                          CAI...........................             n/a           7,817           7,817           6,981             836
                                          WAI...........................             n/a          14,849          10,000           8,930           1,070
Northern rockfish.......................  BSAI..........................          19,070          15,683          10,000           8,500  ..............
Blackspotted/Rougheye rockfish 10.......  BSAI..........................           1,090             899             424             360  ..............
                                          BS/EAI........................             n/a             560              85              72  ..............
                                          CAI/WAI.......................             n/a             339             339             288  ..............
Shortraker rockfish.....................  BSAI..........................             722             541             375             319  ..............
Other rockfish 11.......................  BSAI..........................           1,793           1,344           1,088             925  ..............
                                          BS............................             n/a             956             700             595  ..............
                                          AI............................             n/a             339             388             330  ..............
Atka mackerel...........................  BSAI..........................          74,800          64,400          54,482          48,652           5,830
                                          EAI/BS........................             n/a          22,540          22,540          20,128           2,412
                                          CAI...........................             n/a          13,524          13,524          12,077           1,447
                                          WAI...........................             n/a          28,336          18,418          16,447           1,971
Skates..................................  BSAI..........................          48,289          40,248          16,000          13,600  ..............
Sculpins................................  BSAI..........................          67,817          50,863           5,000           4,250  ..............
Sharks..................................  BSAI..........................             689             517             150             128  ..............
Octopuses...............................  BSAI..........................           4,769           3,576             300             255  ..............
                                                                         -------------------------------------------------------------------------------
    Total...............................  ..............................       4,910,201       3,020,278       2,000,000       1,789,193         194,816
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these harvest
  specifications, the Bering Sea subarea (BS) includes the Bogoslof District.
2 Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and Amendment 80 species (Atka mackerel, flathead sole,
  rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 15 percent of each TAC is put into a non-specified reserve. The
  ITAC for these species is the remainder of the TAC after the subtraction of these reserves. For pollock and Amendment 80 species, ITAC is the non-CDQ
  allocation of TAC (see footnotes 3 and 4).
3 For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 10.7
  percent of the TAC is reserved for use by CDQ participants (see Sec.  Sec.   679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish TAC
  allocated to hook-and-line gear or pot gear, 7.5 percent of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for Bering Sea
  Greenland turbot and arrowtooth flounder are reserved for use by CDQ participants (see Sec.   679.20(b)(1)(ii)(B) and (D)). The 2021 hook-and-line or
  pot gear portion of the sablefish ITAC and CDQ reserve will not be specified until the final 2021 and 2022 harvest specifications. Aleutian Islands
  Greenland turbot, ``other flatfish,'' Alaska plaice, Bering Sea Pacific ocean perch, northern rockfish, shortraker rockfish, blackspotted/rougheye
  rockfish, ``other rockfish,'' skates, sculpins, sharks, and octopuses are not allocated to the CDQ program.
4 Under Sec.   679.20(a)(5)(i)(A), the annual BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second for
  the incidental catch allowance (3.7 percent), is further allocated by sector for a pollock directed fishery as follows: inshore--50 percent; catcher/
  processor--40 percent; and motherships--10 percent. Under Sec.   679.20(a)(5)(iii)(B)(2), the annual AI pollock TAC, after subtracting first for the
  CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (2,400 mt), is allocated to the Aleut Corporation for a
  pollock directed fishery.
5 Assuming an increase in the 2021 guideline harvest level based on the actual 2020 harvest, the 2021 BS Pacific cod TAC is set to account for the 10
  percent, plus 45 mt, of the BS ABC for the State of Alaska's (State) guideline harvest level in State waters of the BS. The 2021 AI Pacific cod TAC is
  set to account for 35 percent of the AI ABC for the State guideline harvest level in State waters of the AI, except 35 percent of the AI ABC exceeds
  the State guideline harvest level of 15 million pounds (6,804 mt), in which case the TAC is set to account for the State guideline harvest level of
  6,804 mt.
6 The sablefish OFL is Alaska-wide and includes the Gulf of Alaska.
7 ``Rock sole'' includes Lepidopsetta polyxystra (Northern rock sole) and Lepidopsetta bilineata (Southern rock sole).
8 ``Flathead sole'' includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
9 ``Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole,
  Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
10 ``Blackspotted/Rougheye rockfish'' includes Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted).
11 ``Other rockfish'' includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean perch, northern rockfish, blackspotted/
  rougheye rockfish, and shortraker rockfish.
Note: Regulatory areas and districts are defined at Sec.   679.2 (BSAI=Bering Sea and Aleutian Islands management area, BS=Bering Sea subarea,
  AI=Aleutian Islands subarea, EAI=Eastern Aleutian district, CAI=Central Aleutian district, WAI=Western Aleutian district).

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

    Section 679.20(b)(1)(i) requires that NMFS reserves 15 percent of 
the TAC for each target species (except for pollock, hook-and-line and 
pot gear allocation of sablefish, and Amendment 80 species) in a non-
specified reserve. Section 679.20(b)(1)(ii)(B) requires that NMFS 
allocate 20 percent of the hook-and-line or pot gear allocation of 
sablefish for the fixed-gear sablefish CDQ reserve for each subarea. 
Section 679.20(b)(1)(ii)(D) requires that NMFS allocate 7.5 percent of 
the trawl gear allocations of sablefish in the BS and AI and 10.7 
percent of the Bering Sea Greenland turbot and arrowtooth flounder TACs 
to the respective CDQ reserves. Section 679.20(b)(1)(ii)(C) requires 
that NMFS allocate 10.7 percent of the TACs for Atka mackerel, Aleutian 
Islands Pacific ocean perch, yellowfin sole, rock sole, flathead sole, 
and Pacific cod to the respective CDQ reserves. Sections 
679.20(a)(5)(i)(A) and 679.31(a) also require that 10 percent of the 
Bering Sea pollock TAC be allocated to the pollock CDQ directed fishing

[[Page 13559]]

allowance (DFA). Sections 679.20(a)(5)(iii)(B)(2)(i) and 679.31(a) 
require that 10 percent of the Aleutian Islands pollock TAC be 
allocated to the pollock CDQ DFA. The entire Bogoslof District pollock 
TAC is allocated as an ICA pursuant to Sec.  679.20(a)(5)(ii) because 
the Bogoslof District is closed to directed fishing for pollock by 
regulation (Sec.  679.22(a)(7)(B)). With the exception of the hook-and-
line or pot gear sablefish CDQ reserve, the regulations do not further 
apportion the CDQ allocations by gear.
    Pursuant to Sec.  679.20(a)(5)(i)(A)(1), NMFS allocates a pollock 
ICA of 3.7 percent of the BS pollock TAC after subtracting the 10 
percent CDQ DFA. This allowance is based on NMFS's examination of the 
pollock incidental catch, including the incidental catch by CDQ 
vessels, in target fisheries other than pollock from 2000 through 2019. 
During this 20-year period, the pollock incidental catch ranged from a 
low of 2.2 percent in 2006 to a high of 4.6 percent in 2014, with a 20-
year average of 3 percent. Pursuant to Sec.  679.20(a)(5)(iii)(B)(2)(i) 
and (ii), NMFS establishes a pollock ICA of 2,400 mt of the AI pollock 
TAC after subtracting the 10 percent CDQ DFA. This allowance is based 
on NMFS's examination of the pollock incidental catch, including the 
incidental catch by CDQ vessels, in target fisheries other than pollock 
from 2003 through 2019. During this 17-year period, the incidental 
catch of pollock ranged from a low of 5 percent in 2006 to a high of 17 
percent in 2014, with a 17-year average of 9 percent.
    Pursuant to Sec.  679.20(a)(8) and (10), NMFS allocates ICAs of 
3,000 mt of flathead sole, 6,000 mt of rock sole, 4,000 mt of yellowfin 
sole, 10 mt of WAI Pacific ocean perch, 60 mt of CAI Pacific ocean 
perch, 100 mt of EAI Pacific ocean perch, 20 mt of WAI Atka mackerel, 
75 mt of CAI Atka mackerel, and 800 mt of EAI and BS Atka mackerel TAC 
after subtracting the 10.7 percent CDQ reserve. These ICA allowances 
are based on NMFS's examination of the incidental catch in other target 
fisheries from 2003 through 2019.
    The regulations do not designate the remainder of the non-specified 
reserve by species or species group. Any amount of the reserve may be 
apportioned to a target species that contributed to the non-specified 
reserves during the year, provided that such apportionments are 
consistent with Sec.  679.20(a)(3) and do not result in overfishing 
(see Sec.  679.20(b)(1)(i)). The Regional Administrator has determined 
that the ITACs specified for the species listed in Table 1 need to be 
supplemented from the non-specified reserve because U.S. fishing 
vessels have demonstrated the capacity to catch the full TAC 
allocations. Therefore, in accordance with Sec.  679.20(b)(3), NMFS is 
apportioning the amounts shown in Table 3 from the non-specified 
reserve to increase the ITAC for AI ``other rockfish'' by 15 percent of 
the ``other rockfish'' TAC in 2020 and 2021.

                                 Table 3--Final 2020 and 2021 Apportionment of Non-Specified Reserves to ITAC Categories
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           2020 Reserve                                    2021 Reserve
                 Species-area or subarea                     2020 ITAC        amount      2020 Final TAC     2021 ITAC        amount      2021 Final TAC
--------------------------------------------------------------------------------------------------------------------------------------------------------
Other rockfish-Aleutian Islands subarea.................             330              58             388             330              58             388
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................             330              58             388             330              58             388
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

    Section 679.20(a)(5)(i)(A) requires that the BS pollock TAC be 
apportioned as a DFA, after subtracting 10 percent for the CDQ program 
and 3.7 percent for the ICA, as follows: 50 percent to the inshore 
sector, 40 percent to the catcher/processor (C/P) sector, and 10 
percent to the mothership sector. In the BS, 45 percent of the DFA is 
allocated to the A season (January 20-June 10), and 55 percent of the 
DFA is allocated to the B season (June 10-November 1) (Sec. Sec.  
679.20(a)(5)(i)(B)(1) and 679.23(e)(2)). The Aleutian Islands directed 
pollock fishery allocation to the Aleut Corporation is the amount of 
pollock TAC remaining in the AI after subtracting 1,900 mt for the CDQ 
DFA (10 percent) and 2,400 mt for the ICA (Sec.  
679.20(a)(5)(iii)(B)(2)). In the AI, the total A season apportionment 
of the TAC (including the AI directed fishery allocation, the CDQ DFA, 
and the ICA) may equal up to 40 percent of the ABC for AI pollock, and 
the remainder of the TAC is allocated to the B season (Sec.  
679.20(a)(5)(iii)(B)(3)). Tables 4 and 5 list these 2020 and 2021 
amounts.
    Section 679.20(a)(5)(iii)(B)(6) sets harvest limits for pollock in 
the A season (January 20 to June 10) in Areas 543, 542, and 541. In 
Area 543, the A season pollock harvest limit is no more than 5 percent 
of the Aleutian Islands pollock ABC. In Area 542, the A season pollock 
harvest limit is no more than 15 percent of the Aleutian Islands 
pollock ABC. In Area 541, the A season pollock harvest limit is no more 
than 30 percent of the Aleutian Islands pollock ABC.
    Section 679.20(a)(5)(i)(A)(4) also includes several specific 
requirements regarding BS pollock allocations. First, it requires that 
8.5 percent of the pollock allocated to the C/P sector be available for 
harvest by AFA catcher vessels (CVs) with C/P sector endorsements, 
unless the Regional Administrator receives a cooperative contract that 
allows the distribution of harvest among AFA C/Ps and AFA CVs in a 
manner agreed to by all members. Second, AFA C/Ps not listed in the AFA 
are limited to harvesting not more than 0.5 percent of the pollock 
allocated to the C/P sector. Tables 4 and 5 list the 2020 and 2021 
allocations of pollock TAC. Table 20 lists the AFA C/P prohibited 
species sideboard limits, and Tables 21 and 22 list the AFA CV 
prohibited species and groundfish sideboard limits. The tables for the 
pollock allocations to the BS inshore pollock cooperatives and open 
access sector will be posted on the Alaska Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-groundfish-fisheries-management.
    Tables 4 and 5 also list seasonal apportionments of pollock and 
harvest limits within the Steller Sea Lion Conservation Area (SCA). The 
harvest of pollock within the SCA, as defined at Sec.  
679.22(a)(7)(vii), is limited to no more than 28 percent of the annual 
pollock DFA before 12:00 noon, April 1, as provided in Sec.  
679.20(a)(5)(i)(C). The A season pollock SCA harvest limit will be 
apportioned to each sector in proportion to each sector's allocated 
percentage of the DFA. Tables 4 and 5 list these final 2020 and 2021 
amounts by sector.

[[Page 13560]]



    Table 4--Final 2020 Allocations of Pollock TACS to the Directed Pollock Fisheries and to the CDQ Directed
                                           Fishing Allowances (DFA) 1
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                          2020 A season 1         2020  B season
                                                       2020      --------------------------------        1
                 Area and sector                    Allocations                     SCA harvest  ---------------
                                                                   A season DFA       limit 2      B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC 1........................       1,425,000             n/a             n/a             n/a
CDQ DFA.........................................         142,500          64,125          39,900          78,375
ICA 1...........................................          47,453             n/a             n/a             n/a
Total Bering Sea non-CDQ DFA....................       1,235,048         555,771         345,813         679,276
AFA Inshore.....................................         617,524         277,886         172,907         339,638
AFA Catcher/Processors 3........................         494,019         222,309         138,325         271,710
    Catch by C/Ps...............................         452,027         203,412             n/a         248,615
    Catch by CVs 3..............................          41,992          18,896             n/a          23,095
    Unlisted C/P Limit 4........................           2,470           1,112             n/a           1,359
AFA Motherships.................................         123,505          55,577          34,581          67,928
Excessive Harvesting Limit 5....................         216,133             n/a             n/a             n/a
Excessive Processing Limit 6....................         370,514             n/a             n/a             n/a
Aleutian Islands subarea ABC....................          55,120             n/a             n/a             n/a
Aleutian Islands subarea TAC 1..................          19,000             n/a             n/a             n/a
CDQ DFA.........................................           1,900           1,900             n/a
ICA.............................................           2,400           1,200             n/a           1,200
Aleut Corporation...............................          14,700          14,700             n/a
Area harvest limit 7............................             n/a             n/a             n/a             n/a
    541.........................................          16,536             n/a             n/a             n/a
    542.........................................           8,268             n/a             n/a             n/a
    543.........................................           2,756             n/a             n/a             n/a
Bogoslof District ICA 8.........................              75             n/a             n/a             n/a
----------------------------------------------------------------------------------------------------------------
1 Pursuant to Sec.   679.20(a)(5)(i)(A), the Bering Sea subarea pollock TAC, after subtracting the CDQ DFA (10
  percent) and the ICA (3.7 percent), is allocated as a DFA as follows: inshore sector--50 percent, catcher/
  processor sector (C/P)--40 percent, and mothership sector--10 percent. In the Bering Sea subarea, 45 percent
  of the DFA is allocated to the A season (January 20-June 10) and 55 percent of the DFA is allocated to the B
  season (June 10-November 1). Pursuant to Sec.   679.20(a)(5)(iii)(B)(2)(i) through (iii), the annual Aleutian
  Islands pollock TAC, after subtracting first for the CDQ DFA (10 percent) and second for the ICA (2,400 mt),
  is allocated to the Aleut Corporation for a pollock directed fishery. In the Aleutian Islands subarea, the A
  season is allocated up to 40 percent of the AI pollock ABC.
2 In the Bering Sea subarea, pursuant to Sec.   679.20(a)(5)(i)(C), no more than 28 percent of each sector's
  annual DFA may be taken from the SCA before noon, April 1.
3 Pursuant to Sec.   679.20(a)(5)(i)(A)(4), 8.5 percent of the DFA allocated to listed C/Ps shall be available
  for harvest only by eligible catcher vessels with a C/P endorsement delivering to listed C/Ps, unless there is
  a C/P sector cooperative for the year.
4 Pursuant to Sec.   679.20(a)(5)(i)(A)(4)(iii ), the AFA unlisted catcher/processors are limited to harvesting
  not more than 0.5 percent of the catcher/processor sector's allocation of pollock.
5 Pursuant to Sec.   679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
  percent of the sum of the non-CDQ pollock DFAs.
6 Pursuant to Sec.   679.20(a)(5)(i)(A)(7 ), NMFS establishes an excessive processing share limit equal to 30.0
  percent of the sum of the non-CDQ pollock DFAs.
7Pursuant to Sec.   679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in Area
  541 of no more than 30 percent, in Area 542 of no more than 15 percent, and in Area 543 of no more than 5
  percent of the Aleutian Islands pollock ABC.
8 Pursuant to Sec.   679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The
  amounts specified are for incidental catch only and are not apportioned by season or sector.
Note: Seasonal or sector apportionments may not total precisely due to rounding.


    Table 5--Final 2021 Allocations of Pollock TACS to the Directed Pollock Fisheries and to the CDQ Directed
                                           Fishing Allowances (DFA) 1
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                          2021 A season 1         2021 Bseason 1
                                                       2021      --------------------------------
                 Area and sector                    Allocations                     SCA harvest  ---------------
                                                                   A season DFA       limit 2      B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC 1........................       1,450,000             n/a             n/a             n/a
CDQ DFA.........................................         145,000          65,250          40,600          79,750
ICA 1...........................................          48,285             n/a             n/a             n/a
Total Bering Sea non-CDQ DFA....................       1,256,715         565,522         351,880         691,193
AFA Inshore.....................................         628,358         282,761         175,940         345,597
AFA Catcher/Processors 3........................         502,686         226,209         140,752         276,477
    Catch by C/Ps...............................         459,958         206,981             n/a         252,977
    Catch by CVs 3..............................          42,728          19,228             n/a          23,501
    Unlisted C/P Limit 4........................           2,513           1,131             n/a           1,382
AFA Motherships.................................         125,672          56,552          35,188          69,119
Excessive Harvesting Limit 5....................         219,925             n/a             n/a             n/a
Excessive Processing Limit 6....................         377,015             n/a             n/a             n/a
Aleutian Islands subarea ABC....................          58,384             n/a             n/a             n/a
Aleutian Islands subarea TAC 1..................          19,000             n/a             n/a             n/a
CDQ DFA.........................................           1,900             760             n/a           1,140

[[Page 13561]]

 
ICA.............................................           2,400           1,200             n/a           1,200
Aleut Corporation...............................          14,700          21,394             n/a         (6,694)
Area harvest limit 7............................
    541.........................................          17,515             n/a             n/a             n/a
    542.........................................           8,758             n/a             n/a             n/a
    543.........................................           2,919             n/a             n/a             n/a
Bogoslof District ICA 8.........................              75             n/a             n/a             n/a
----------------------------------------------------------------------------------------------------------------
1 Pursuant to Sec.   679.20(a)(5)(i)(A), the Bering Sea subarea pollock TAC, after subtracting the CDQ DFA (10
  percent) and the ICA (3.7 percent), is allocated as a DFA as follows: inshore sector--50 percent, catcher/
  processor sector (C/P)--40 percent, and mothership sector--10 percent. In the Bering Sea subarea, 45 percent
  of the DFA is allocated to the A season (January 20-June 10) and 55 percent of the DFA is allocated to the B
  season (June 10-November 1). Pursuant to Sec.   679.20(a)(5)(iii)(B)(2)(i) through (iii), the annual Aleutian
  Islands pollock TAC, after subtracting first for the CDQ DFA (10 percent) and second for the ICA (2,400 mt),
  is allocated to the Aleut Corporation for a pollock directed fishery. In the Aleutian Islands subarea, the A
  season is allocated up to 40 percent of the AI pollock ABC.
2 In the Bering Sea subarea, pursuant to Sec.   679.20(a)(5)(i)(C), no more than 28 percent of each sector's
  annual DFA may be taken from the SCA before noon, April 1.
3 Pursuant to Sec.   679.20(a)(5)(i)(A)(4), 8.5 percent of the DFA allocated to listed C/Ps shall be available
  for harvest only by eligible catcher vessels with a C/P endorsement delivering to listed C/Ps, unless there is
  a C/P sector cooperative for the year.
4 Pursuant to Sec.   679.20(a)(5)(i)(A)(4)(iii ), the AFA unlisted catcher/processors are limited to harvesting
  not more than 0.5 percent of the catcher/processor sector's allocation of pollock.
5 Pursuant to Sec.   679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
  percent of the sum of the non-CDQ pollock DFAs.
6 Pursuant to Sec.   679.20(a)(5)(i)(A)(7 ), NMFS establishes an excessive processing share limit equal to 30.0
  percent of the sum of the non-CDQ pollock DFAs.
7 Pursuant to Sec.   679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
  Area 541 of no more than 30 percent, in Area 542 of no more than 15 percent, and in Area 543 of no more than 5
  percent of the Aleutian Islands pollock ABC.
8 Pursuant to Sec.   679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The
  amounts specified are for incidental catch only and are not apportioned by season or sector.
Note: Seasonal or sector apportionments may not total precisely due to rounding.

Allocation of the Atka Mackerel TACs

    Section 679.20(a)(8) allocates the Atka mackerel TACs to the 
Amendment 80 and BSAI trawl limited access sectors, after subtracting 
the CDQ reserves, ICAs for the BSAI trawl limited access sector and 
non-trawl gear sector, and the jig gear allocation (Tables 6 and 7). 
The percentage of the ITAC for Atka mackerel allocated to the Amendment 
80 and BSAI trawl limited access sectors is listed in Table 33 to 50 
CFR part 679 and in Sec.  679.91. Pursuant to Sec.  679.20(a)(8)(i), up 
to 2 percent of the EAI and the BS Atka mackerel ITAC may be allocated 
to vessels using jig gear. The percent of this allocation is 
recommended annually by the Council based on several criteria, 
including, among other criteria, the anticipated harvest capacity of 
the jig gear fleet. The Council recommended, and NMFS approves, a 0.5 
percent allocation of the Atka mackerel ITAC in the EAI and BS to the 
jig gear sector in 2020 and 2021.
    Section 679.20(a)(8)(ii)(A) apportions the Atka mackerel TAC into 
two equal seasonal allowances. Section 679.23(e)(3) sets the first 
seasonal allowance for directed fishing with trawl gear from January 20 
through June 10 (A season), and the second seasonal allowance from June 
10 through December 31 (B season). Section 679.23(e)(4)(iii) applies 
Atka mackerel seasons to CDQ Atka mackerel trawl fishing. The ICAs and 
jig gear allocations are not apportioned by season.
    Section 679.20(a)(8)(ii)(C)(1)(i) and (ii) limits Atka mackerel 
catch within waters 0 nm to 20 nm of Steller sea lion sites listed in 
Table 6 to 50 CFR part 679 and located west of 178[deg] W longitude to 
no more than 60 percent of the annual TACs in Areas 542 and 543, and 
equally divides the annual TACs between the A and B seasons as defined 
at Sec.  679.23(e)(3). Section 679.20(a)(8)(ii)(C)(2) requires that the 
annual TAC in Area 543 will be no more than 65 percent of the ABC in 
Area 543. Section 679.20(a)(8)(ii)(D) requires that any unharvested 
Atka mackerel A season allowance that is added to the B season be 
prohibited from being harvested within waters 0 nm to 20 nm of Steller 
sea lion sites listed in Table 6 to 50 CFR part 679 and located in 
Areas 541, 542, and 543.
    Tables 6 and 7 list these 2020 and 2021 Atka mackerel seasonal and 
area allowances, and the sector allocations. One Amendment 80 
cooperative has formed for the 2020 fishing year. Because all Amendment 
80 vessels are part of the sole Amendment 80 cooperative, no allocation 
to the Amendment 80 limited access sector is required for 2020. The 
2021 allocations for Atka mackerel between Amendment 80 cooperatives 
and the Amendment 80 limited access sector will not be known until 
eligible participants apply for participation in the program by 
November 1, 2020.

[[Page 13562]]



 Table 6--Final 2020 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch Allowance, and
                              Amendment 80 Allocation of the BSAI ATKA Mackerel TAC
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                           2020 allocation by area
                                                           -----------------------------------------------------
              Sector 1                    Season 2 3 4      Eastern Aleutian
                                                            District/ Bering  Central Aleutian  Western Aleutian
                                                                   Sea           District 5         District
----------------------------------------------------------------------------------------------------------------
TAC................................  n/a..................            24,535            14,721            20,049
CDQ reserve........................  Total................             2,625             1,575             2,145
                                     A....................             1,313               788             1,073
                                     Critical Habitat.....               n/a               473               644
                                     B....................             1,313               788             1,073
                                     Critical Habitat.....               n/a               473               644
Non-CDQ TAC........................  n/a..................            21,910            13,146            17,904
ICA................................  Total................               800                75                20
Jig 7..............................  Total................               106  ................  ................
BSAI trawl limited access..........  Total................             2,100             1,307  ................
                                     A....................             1,050               654  ................
                                     Critical Habitat.....               n/a               392  ................
                                     B....................             1,050               654  ................
                                     Critical Habitat.....               n/a               392  ................
Amendment 80 sector................  Total................            18,904            11,764            17,884
                                     A....................             9,452             5,882             8,942
                                     Critical Habitat.....               n/a             3,529             5,365
                                     B....................             9,452             5,882             8,942
                                     Critical Habitat.....               n/a             3,529             5,365
----------------------------------------------------------------------------------------------------------------
1 Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, jig gear
  allocation, and ICAs, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC
  for Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50
  CFR part 679 and Sec.   679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see
  Sec.  Sec.   679.20(b)(1)(ii)(C) and 679.31).
2 Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel
  fishery.
3 The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
4 Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from
  January 20 to June 10 and the B season from June 10 to December 31.
5 Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to be
  caught inside of Steller sea lion critical habitat; section 679.20(a)(8)(ii)(C)(1)(ii) equally divides the
  annual TACs between the A and B seasons as defined at Sec.   679.23(e)(3); and section 679.20(a)(8)(ii)(C)(2)
  requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
6 Sections 679.2 and 679.20(a)(8)(i) require that up to 2 percent of the Eastern Aleutian District and the
  Bering Sea subarea TAC be allocated to jig gear after subtracting the CDQ reserve and the ICA. NMFS sets the
  amount of this allocation for 2020 at 0.5 percent. The jig gear allocation is not apportioned by season.
Note: Seasonal or sector apportionments may not total precisely due to rounding.


 TABLE 7--Final 2021 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch Allowance, and
                              Amendment 80 Allocation of the BSAI ATKA Mackerel TAC
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                           2021 allocation by area
                                                           -----------------------------------------------------
              Sector 1                    Season 2 3 4      Eastern Aleutian
                                                            District/ Bering  Central Aleutian  Western Aleutian
                                                                  Sea 5          District 5        District 5
----------------------------------------------------------------------------------------------------------------
TAC................................  n/a..................            22,540            13,524            18,418
CDQ reserve........................  Total................             2,412             1,447             1,971
                                     A....................             1,206               724               985
                                     Critical Habitat.....               n/a               434               591
                                     B....................             1,206               724               985
                                     Critical Habitat.....               n/a               434               591
non-CDQ TAC........................  n/a..................            20,128            12,077            16,447
ICA................................  Total................               800                75                20
Jig 7..............................  Total................                97  ................  ................
BSAI trawl limited access..........  Total................             1,923             1,200  ................
                                     A....................               962               600  ................
                                     Critical Habitat.....               n/a               360  ................
                                     B....................               962               600  ................
                                     Critical Habitat.....               n/a               360  ................
Amendment 80 sectors 7.............  Total................            17,308            10,802            16,427
                                     A....................             8,654             5,401             8,214
                                     Critical Habitat.....               n/a             3,241             4,928
                                     B....................             8,654             5,401             8,214

[[Page 13563]]

 
                                     Critical Habitat.....               n/a             3,241             4,928
----------------------------------------------------------------------------------------------------------------
1 Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, jig gear
  allocation, and ICAs, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC
  for Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50
  CFR part 679 and Sec.   679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see
  Sec.  Sec.   679.20(b)(1)(ii)(C) and 679.31).
2 Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel
  fishery.
3 The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
4 Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from
  January 20 to June 10 and the B season from June 10 to December 31.
5 Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to be
  caught inside of Steller sea lion critical habitat; section 679.20(a)(8)(ii)(C)(1)(ii) equally divides the
  annual TACs between the A and B seasons as defined at Sec.   679.23(e)(3); and section 679.20(a)(8)(ii)(C)(2)
  requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
6 Sections 679.2 and 679.20(a)(8)(i) require that up to 2 percent of the Eastern Aleutian District and the
  Bering Sea subarea TAC be allocated to jig gear after subtracting the CDQ reserve and the ICA. NMFS sets the
  amount of this allocation for 2021 at 0.5 percent. The jig gear allocation is not apportioned by season.
7 The 2021 allocations for Atka mackerel between Amendment 80 cooperatives and the Amendment 80 limited access
  sector will not be known until eligible participants apply for participation in the program by November 1,
  2020.
Note: Seasonal or sector apportionments may not total precisely due to rounding.

Allocation of the Pacific Cod TAC

    The Council separated Bering Sea and Aleutian Islands subarea OFLs, 
ABCs, and TACs for Pacific cod in 2014 (79 FR 12108, March 4, 2014). 
Section 679.20(b)(1)(ii)(C) allocates 10.7 percent of the Bering Sea 
TAC and the Aleutian Islands TAC to the CDQ program. After CDQ 
allocations have been deducted from the respective Bering Sea and 
Aleutian Islands Pacific cod TACs, the remaining Bering Sea and 
Aleutian Islands Pacific cod TACs are combined for calculating further 
BSAI Pacific cod sector allocations. If the non-CDQ Pacific cod TAC is 
or will be reached in either the Bering Sea or the Aleutian Islands 
subareas, NMFS will prohibit non-CDQ directed fishing for Pacific cod 
in that subarea as provided in Sec.  679.20(d)(1)(iii).
    Section 679.20(a)(7)(i) and (ii) allocates to the non-CDQ sectors 
the Pacific cod TAC in the combined BSAI TAC, after subtracting 10.7 
percent for the CDQ program, as follows: 1.4 percent to vessels using 
jig gear; 2.0 percent to hook-and-line or pot CVs less than 60 ft (18.3 
m) length overall (LOA); 0.2 percent to hook-and-line CVs greater than 
or equal to 60 ft (18.3 m) LOA; 48.7 percent to hook-and-line C/Ps; 8.4 
percent to pot CVs greater than or equal to 60 ft (18.3 m) LOA; 1.5 
percent to pot C/Ps; 2.3 percent to AFA trawl C/Ps; 13.4 percent to 
Amendment 80 sector; and 22.1 percent to trawl CVs. The ICA for the 
hook-and-line and pot sectors will be deducted from the aggregate 
portion of Pacific cod TAC allocated to the hook-and-line and pot 
sectors. For 2020 and 2021, the Regional Administrator establishes an 
ICA of 400 mt based on anticipated incidental catch by these sectors in 
other fisheries.
    The ITAC allocation of Pacific cod to the Amendment 80 sector is 
established in Table 33 to 50 CFR part 679 and Sec.  679.91. One 
Amendment 80 cooperative has formed for the 2020 fishing year. Because 
all Amendment 80 vessels are part of the sole Amendment 80 cooperative, 
no allocation to the Amendment 80 limited access sector is required for 
2020. The 2021 allocations for Amendment 80 species between Amendment 
80 cooperatives and the Amendment 80 limited access sector will not be 
known until eligible participants apply for participation in the 
program by November 1, 2020.
    The sector allocations of Pacific cod are apportioned into seasonal 
allowances to disperse the Pacific cod fisheries over the fishing year 
(see Sec. Sec.  679.20(a)(7)(i)(B), 679.20(a)(7)(iv)(A), and 
679.23(e)(5)). In accordance with Sec.  679.20(a)(7)(iv)(B) and (C), 
any unused portion of a seasonal Pacific cod allowance for any sector, 
except the jig sector, will become available at the beginning of that 
sector's next seasonal allowance.
    Section 679.20(a)(7)(vii) requires that the Regional Administrator 
establish an Area 543 Pacific cod harvest limit based on Pacific cod 
abundance in Area 543 as determined by the annual stock assessment 
process. Based on the 2019 stock assessment, the Regional Administrator 
determined for 2020 and 2021 the estimated amount of Pacific cod 
abundance in Area 543 is 15.7 percent of the total AI abundance. NMFS 
will first subtract the State GHL Pacific cod amount from the Aleutian 
Islands Pacific cod ABC. Then NMFS will determine the harvest limit in 
Area 543 by multiplying the percentage of Pacific cod estimated in Area 
543 (15.7 percent) by the remaining ABC for AI Pacific cod. Based on 
these calculations, the Area 543 harvest limit is 2,166 mt for 2020 and 
2021.
    On March 21, 2019, the final rule adopting Amendment 113 to the FMP 
(81 FR 84434; November 23, 2016) was vacated by the U.S. District Court 
for the District of Columbia (Groundfish Forum v. Ross, No. 16-2495 
(D.D.C. March 21, 2019)), and the corresponding regulations 
implementing Amendment 113 are no longer in effect. Therefore, this 
final rule is not specifying amounts for the AI Pacific Cod Catcher 
Vessel Harvest Set-Aside Program (see Sec.  679.20(a)(7)(viii)).
    Table 8 and Table 9 list the CDQ and non-CDQ seasonal allowances by 
gear based on the final 2020 and 2021 Pacific cod TACs; the sector 
allocation percentages of Pacific cod set forth at Sec.  
679.20(a)(7)(i)(B) and (a)(7)(iv)(A); and the seasons set forth at 
Sec.  679.23(e)(5).

[[Page 13564]]



           Table 8--Final 2020 Sector Allocations and Seasonal Allowances of the BSAI Pacific Cod TAC
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                   2020 seasonal apportionment
              Sector                 Percent     2020 share of   2020 share of ---------------------------------
                                                     total       sector total          Season           Amount
----------------------------------------------------------------------------------------------------------------
BS TAC...........................          n/a         141,799             n/a  n/a................          n/a
BS CDQ...........................          n/a          15,172             n/a  see Sec.                     n/a
                                                                                 679.20(a)(7)(i)(B).
BS non-CDQ TAC...................          n/a         126,627             n/a  n/a................          n/a
AI TAC...........................          n/a          13,796             n/a  n/a................          n/a
AI CDQ...........................          n/a           1,476             n/a  see Sec.                     n/a
                                                                                 679.20(a)(7)(i)(B).
AI non-CDQ TAC...................          n/a          12,320             n/a  n/a................          n/a
Western Aleutian Island Limit....          n/a           2,166             n/a  n/a................          n/a
Total BSAI non-CDQ TAC 1.........          100         138,946             n/a  n/a................          n/a
Total hook-and-line/pot gear.....         60.8          84,479             n/a  n/a................          n/a
Hook-and-line/pot ICA 2..........          n/a             400             n/a  see Sec.                     n/a
                                                                                 679.20(a)(7)(ii)(B
                                                                                 ).
Hook-and-line/pot sub-total......          n/a          84,079             n/a  n/a................          n/a
Hook-and-line catcher/processor..         48.7             n/a          67,346  Jan 1-Jun 10.......       34,347
                                                                                Jun 10-Dec 31......       33,000
Hook-and-line catcher vessel >=60          0.2             n/a             277  Jan 1-Jun 10.......          141
 ft LOA.                                                                        Jun 10-Dec 31......          136
Pot catcher/processor............          1.5             n/a           2,074  Jan 1-Jun 10.......        1,058
                                                                                Sept 1-Dec 31......        1,016
Pot catcher vessel >=60 ft LOA...          8.4             n/a          11,616  Jan 1-Jun 10.......        5,924
                                                                                Sept 1-Dec 31......        5,692
Catcher vessel <60 ft LOA using            2.0             n/a           2,766  n/a................          n/a
 hook-and-line or pot gear.
Trawl catcher vessel.............         22.1          30,707             n/a  Jan 20-Apr 1.......       22,723
                                                                                Apr 1-Jun 10.......        3,378
                                                                                Jun 10-Nov 1.......        4,606
AFA trawl catcher/processor......          2.3           3,196             n/a  Jan 20-Apr 1.......        2,397
                                                                                Apr 1-Jun 10.......          799
                                                                                Jun 10-Nov 1.......  ...........
Amendment 80.....................         13.4          18,619             n/a  Jan 20-Apr 1.......       13,964
                                                                                Apr 1-Jun 10.......        4,655
                                                                                Jun 10-Nov 1.......  ...........
Jig..............................          1.4           1,945             n/a  Jan 1-Apr 30.......        1,167
                                                                                Apr 30-Aug 31......          389
                                                                                Aug 31-Dec 31......          389
----------------------------------------------------------------------------------------------------------------
 1 The sector allocations and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and AI
  Pacific cod TACs, after the subtraction of the reserves for the CDQ Program. If the TAC for Pacific cod in
  either the AI or BS is or will be reached, then directed fishing for Pacific cod in that subarea will be
  prohibited, even if a BSAI allowance remains (Sec.   679.20(d)(1)(iii)).
 2 The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC
  allocated to the hook-and-line and pot sectors. The Regional Administrator approves an ICA of 400 mt for 2020
  based on anticipated incidental catch in these fisheries.
Note: Seasonal or sector apportionments may not total precisely due to rounding.


           Table 9--Final 2021 Sector Allocations and Seasonal Allowances of the BSAI Pacific Cod TAC
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                   2020 seasonal apportionment
              Sector                 Percent      2020 share     2020 share of ---------------------------------
                                                     total       sector total          Season           Amount
----------------------------------------------------------------------------------------------------------------
BS TAC...........................          n/a          92,633             n/a  n/a................          n/a
BS CDQ...........................          n/a           9,912             n/a  see Sec.                     n/a
                                                                                 679.20(a)(7)(i)(B).
BS non-CDQ TAC...................          n/a          82,721             n/a  n/a................          n/a
AI TAC...........................          n/a          13,796             n/a  n/a................          n/a
AI CDQ...........................          n/a           1,476             n/a  see Sec.                     n/a
                                                                                 679.20(a)(7)(i)(B).
AI non-CDQ TAC...................          n/a          12,320             n/a  n/a................          n/a
Western Aleutian Island Limit....          n/a           2,166             n/a  n/a................          n/a
Total BSAI non-CDQ TAC 1.........          n/a          95,041             n/a  n/a................          n/a
Total hook-and-line/pot gear.....         60.8          57,785             n/a  n/a................          n/a
Hook-and-line/pot ICA 2..........          n/a             400             n/a  see Sec.                     n/a
                                                                                 679.20(a)(7)(ii)(B
                                                                                 ).
Hook-and-line/pot sub-total......          n/a          57,385             n/a  n/a................          n/a
Hook-and-line catcher/processor..         48.7             n/a          45,965  Jan 1-Jun 10.......       23,442
                                                                                Jun 10-Dec 31......       22,523
Hook-and-line catcher vessel >=60          0.2             n/a             189  Jan 1-Jun 10.......           96
 ft LOA.                                                                        Jun 10-Dec 31......           92
Pot catcher/processor............          1.5             n/a           1,416  Jan 1-Jun 10.......          722
                                                                                Sept 1-Dec 31......          694
Pot catcher vessel >=60 ft LOA...          8.4             n/a           7,928  Jan 1-Jun 10.......        4,043
                                                                                Sept 1-Dec 31......        3,885
Catcher vessel <60 ft LOA using            2.0             n/a           1,888  n/a................          n/a
 hook-and-line or pot gear.

[[Page 13565]]

 
Trawl catcher vessel.............         22.1          21,004             n/a  Jan 20-Apr 1.......       15,543
                                                                                Apr 1-Jun 10.......        2,310
                                                                                Jun 10-Nov 1.......        3,151
AFA trawl catcher/processor......          2.3           2,186             n/a  Jan 20-Apr 1.......        1,639
                                                                                Apr 1-Jun 10.......          546
                                                                                Jun 10-Nov 1.......  ...........
Amendment 80.....................         13.4          12,736             n/a  Jan 20-Apr 1.......        9,552
                                                                                Apr 1-Jun 10.......        3,184
                                                                                Jun 10-Dec 31......  ...........
Jig..............................          1.4           1,331             n/a  Jan 1-Apr 30.......          798
                                                                                Apr 30-Aug 31......          266
                                                                                Aug 31-Dec 31......          266
----------------------------------------------------------------------------------------------------------------
1 The sector allocations and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and AI
  Pacific cod TACs, after the subtraction of the reserves for the CDQ Program. If the TAC for Pacific cod in
  either the AI or BS is or will be reached, then directed fishing for Pacific cod in that subarea will be
  prohibited, even if a BSAI allowance remains (Sec.   679.20(d)(1)(iii)).
2 The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC
  allocated to the hook-and-line and pot sectors. The Regional Administrator approves an ICA of 400 mt for 2021
  based on anticipated incidental catch in these fisheries.
Note: Seasonal or sector apportionments may not total precisely due to rounding.

Sablefish Gear Allocation

    Section 679.20(a)(4)(iii) and (iv) require allocation of the 
sablefish TAC for the BS and AI subareas between trawl gear and hook-
and-line or pot gear sectors. Gear allocations of the sablefish TAC for 
the BS are 50 percent for trawl gear and 50 percent for hook-and-line 
or pot gear. Gear allocations of the TAC for the AI are 25 percent for 
trawl gear and 75 percent for hook-and-line or pot gear. Section 
679.20(b)(1)(ii)(B) requires that NMFS apportions 20 percent of the 
hook-and-line or pot gear allocation of sablefish TAC to the CDQ 
reserve for each subarea. Also, Sec.  679.20(b)(1)(ii)(D)(1) requires 
that in the BS and AI 7.5 percent of the trawl gear allocation of 
sablefish TAC from the non-specified reserve, established under Sec.  
679.20(b)(1)(i), be assigned to the CDQ reserve.
    The Council recommended that only trawl sablefish TAC be 
established biennially. The harvest specifications for the hook-and-
line gear or pot gear sablefish Individual Fishing Quota (IFQ) 
fisheries are limited to the 2020 fishing year to ensure those 
fisheries are conducted concurrently with the halibut IFQ fishery. 
Concurrent sablefish and halibut IFQ fisheries reduce the potential for 
discards of halibut and sablefish in those fisheries. The sablefish IFQ 
fisheries remain closed at the beginning of each fishing year until the 
final harvest specifications for the sablefish IFQ fisheries are in 
effect. Table 10 lists the 2020 and 2021 gear allocations of the 
sablefish TAC and CDQ reserve amounts.

                                    Table 10--Final 2020 and 2021 Gear Shares and CDQ Reserve of BSAI Sablefish TACS
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Percent of   2020 Share                 2020 CDQ    2021 Share                 2021 CDQ
                       Subarea and gear                            TAC         of TAC     2020 ITAC     reserve       of TAC     2021 ITAC     reserve
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea
    Trawl \1\................................................           50          931          791           70        1,433        1,218          107
    Hook-and-line/pot gear \2\...............................           50          931          744          186          n/a          n/a          n/a
        Total................................................          100        1,861        1,535          256        1,433        1,218          107
Aleutian Islands
    Trawl \1\................................................           25          510          433           38          625          531           47
    Hook-and-line/pot gear \2\...............................           75        1,529        1,223          306          n/a          n/a          n/a
        Total................................................          100        2,039        1,657          344          625          531           47
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For the sablefish trawl gear allocations, 15 percent of TAC is apportioned to the non-specific reserve (Sec.   679.20(b)(1)(i)). The ITAC is the
  remainder of the TAC after subtracting these reserves. In the BS and AI, 7.5 percent of the trawl non-specified reserve is assigned to the CDQ
  reserves (Sec.   679.20(b)(1)(ii)(D)(1)).
\2\ For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the allocated TAC is reserved for use by
  CDQ participants (Sec.   679.20(b)(1)(ii)(B)). The Council recommended that specifications for the hook-and-line gear sablefish IFQ fisheries be
  limited to one year.
Note: Seasonal or sector apportionments may not total precisely due to rounding.

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

    Section 679.20(a)(10)(i) and (ii) require that NMFS allocate 
Aleutian Islands Pacific ocean perch, and BSAI flathead sole, rock 
sole, and yellowfin sole ITACs between the Amendment 80 sector and the 
BSAI trawl limited access sector, after subtracting 10.7 percent for 
the CDQ reserves and ICAs for the BSAI trawl limited access sector and 
vessels using non-trawl gear. The allocations of the ITACs for Aleutian 
Islands Pacific ocean perch, and BSAI flathead sole, rock sole, and 
yellowfin sole to the Amendment 80 sector are established in accordance 
with Tables 33 and 34 to 50 CFR part 679 and Sec.  679.91.

[[Page 13566]]

    One Amendment 80 cooperative has formed for the 2020 fishing year. 
Because all Amendment 80 vessels are part of the sole Amendment 80 
cooperative, no allocation to the Amendment 80 limited access sector is 
required for 2020. The 2021 allocations for Amendment 80 species 
between Amendment 80 cooperatives and the Amendment 80 limited access 
sector will not be known until eligible participants apply for 
participation in the program by November 1, 2020. Tables 11 and 12 list 
the 2020 and 2021 allocations of the Aleutian Islands Pacific ocean 
perch, and BSAI flathead sole, rock sole, and yellowfin sole TACs.

 Table 11--Final 2020 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAS), and Amendment 80 Allocations of the Aleutian Islands
                                     Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACS
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Pacific ocean perch                Flathead sole     Rock sole    Yellowfin sole
                                                         -----------------------------------------------------------------------------------------------
                         Sector                               Eastern         Central         Western
                                                             Aleutian        Aleutian        Aleutian          BSAI            BSAI            BSAI
                                                             District        District        District
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC.....................................................          10,613           8,094          10,000          19,500          47,100         150,700
CDQ.....................................................           1,136             866           1,070           2,087           5,040          16,125
ICA.....................................................             100              60              10           3,000           6,000           4,000
BSAI trawl limited access...............................             938             717             178  ..............  ..............          17,172
Amendment 80............................................           8,440           6,451           8,742          14,414          36,060         113,403
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Sector apportionments may not total precisely due to rounding.


 Table 12--Final 2021 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAS), and Amendment 80 Allocations of the Aleutian Islands
                                     Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole Tacs
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Pacific ocean perch                Flathead sole     Rock sole    Yellowfin sole
                                                         -----------------------------------------------------------------------------------------------
                         Sector                               Eastern         Central         Western
                                                             Aleutian        Aleutian        Aleutian          BSAI            BSAI            BSAI
                                                             District        District        District
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC.....................................................          10,619           7,817          10,000          24,000          49,000         168,900
CDQ.....................................................           1,136             836           1,070           2,568           5,243          18,072
ICA.....................................................             100              60              10           3,000           6,000           4,000
BSAI trawl limited access...............................             938             692             178  ..............  ..............          23,673
Amendment 80 \1\........................................           8,444           6,229           8,742          18,432          37,757         123,154
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The 2021 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until
  eligible participants apply for participation in the program by November 1, 2020.
Note: Sector apportionments may not total precisely due to rounding.

    Section 679.2 defines the ABC surplus for flathead sole, rock sole, 
and yellowfin sole as the difference between the annual ABC and TAC for 
each species. Section 679.20(b)(1)(iii) establishes ABC reserves for 
flathead sole, rock sole, and yellowfin sole. The ABC surpluses and the 
ABC reserves are necessary to mitigate the operational variability, 
environmental conditions, and economic factors that may constrain the 
CDQ groups and the Amendment 80 cooperatives from achieving, on a 
continuing basis, the optimum yield in the BSAI groundfish fisheries. 
NMFS, after consultation with the Council, may set the ABC reserve at 
or below the ABC surplus for each species, thus maintaining the TAC 
below ABC limits. An amount equal to 10.7 percent of the ABC reserves 
will be allocated as CDQ ABC reserves for flathead sole, rock sole, and 
yellowfin sole. Section 679.31(b)(4) establishes the annual allocations 
of CDQ ABC reserves among the CDQ groups. The Amendment 80 ABC reserves 
shall be the ABC reserves minus the CDQ ABC reserves. Section 
679.91(i)(2) establishes each Amendment 80 cooperative ABC reserve to 
be the ratio of each cooperatives' quota share units and the total 
Amendment 80 quota share units, multiplied by the Amendment 80 ABC 
reserve for each respective species. Table 13 lists the 2020 and 2021 
ABC surplus and ABC reserves for BSAI flathead sole, rock sole, and 
yellowfin sole.

 Table 13--Final 2020 and 2021 ABC Surplus, ABC Reserves, Community Development Quota (CDQ) ABC Reserves, and Amendment 80 ABC Reserves in the BSAI for
                                                      Flathead Sole, Rock Sole, and Yellowfin Sole
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          2020 Flathead                  2020 Yellowfin     2021 \1\      2021 \1\ Rock      2021 \1\
                         Sector                               sole       2020 Rock sole       sole        Flathead sole       sole        Yellowfin sole
--------------------------------------------------------------------------------------------------------------------------------------------------------
ABC....................................................          68,134         153,300         260,918          71,079         230,700          261,497
TAC....................................................          19,500          47,100         150,700          24,000          49,000          168,900
ABC surplus............................................          48,634         106,200         110,218          47,079         181,700           92,597
ABC reserve............................................          48,634         106,200         110,218          47,079         181,700           92,597

[[Page 13567]]

 
CDQ ABC reserve........................................           5,204          11,363          11,793           5,037          19,442            9,908
Amendment 80 ABC reserve...............................          43,430          94,837          98,425          42,042         162,258           82,689
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The 2021 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until
  eligible participants apply for participation in the program by November 1, 2020.

PSC Limits for Halibut, Salmon, Crab, and Herring

    Section 679.21(b), (e), (f), and (g) sets forth the BSAI PSC 
limits. Pursuant to Sec.  679.21(b)(1), the annual BSAI halibut PSC 
limits total 3,515 mt. Section 679.21(b)(1) allocates 315 mt of the 
halibut PSC limit as the PSQ reserve for use by the groundfish CDQ 
program, 1,745 mt of the halibut PSC limit for the Amendment 80 sector, 
745 mt of the halibut PSC limit for the BSAI trawl limited access 
sector, and 710 mt of the halibut PSC limit for the BSAI non-trawl 
sector.
    Section 679.21(b)(1)(iii)(A) and (B) authorizes apportionment of 
the BSAI non-trawl halibut PSC limit into PSC allowances among six 
fishery categories in Table 17, and Sec.  679.21(b)(1)(ii)(A) and (B), 
(e)(3)(i)(B), and (e)(3)(iv) requires apportionment of the trawl PSC 
limits in Tables 15 and 16 into PSC allowances among seven fishery 
categories.
    Pursuant to Section 3.6 of the FMP, the Council recommends, and 
NMFS agrees, that certain specified non-trawl fisheries be exempt from 
the halibut PSC limit. As in past years, after consultation with the 
Council, NMFS exempts the pot gear fishery, the jig gear fishery, and 
the sablefish IFQ hook-and-line gear fishery categories from halibut 
bycatch restrictions for the following reasons: (1) The pot gear 
fisheries have low halibut bycatch mortality; (2) NMFS estimates 
halibut mortality for the jig gear fleet to be negligible because of 
the small size of the fishery and the selectivity of the gear; and (3) 
the sablefish and halibut IFQ fisheries have low halibut bycatch 
mortality because the IFQ program requires that legal-size halibut be 
retained by vessels using fixed gear if a halibut IFQ permit holder or 
a hired master is aboard and is holding unused halibut IFQ for that 
vessel category and the IFQ regulatory area in which the vessel is 
operating (Sec.  679.7(f)(11)).
    The 2019 total groundfish catch for the pot gear fishery in the 
BSAI was 45,567 mt, with an associated halibut bycatch mortality of 3.7 
mt. The 2019 jig gear fishery harvested about 190 mt of groundfish. 
Most vessels in the jig gear fleet are exempt from observer coverage 
requirements. As a result, observer data are not available on halibut 
bycatch in the jig gear fishery. As mentioned above, NMFS estimates a 
negligible amount of halibut bycatch mortality because of the selective 
nature of jig gear and the low mortality rate of halibut caught with 
jig gear and released.
    Under Sec.  679.21(f)(2), NMFS annually allocates portions of 
either 33,318, 45,000, 47,591, or 60,000 Chinook salmon PSC limits 
among the AFA sectors, depending on past bycatch performance, on 
whether Chinook salmon bycatch incentive plan agreements (IPAs) are 
formed, and on whether NMFS determines it is a low Chinook salmon 
abundance year. NMFS will determine that it is a low Chinook salmon 
abundance year when abundance of Chinook salmon in western Alaska is 
less than or equal to 250,000 Chinook salmon. The State of Alaska 
provides to NMFS an estimate of Chinook salmon abundance using the 3-
System Index for western Alaska based on the Kuskokwim, Unalakleet, and 
Upper Yukon aggregate stock grouping.
    If an AFA sector participates in an approved IPA and has not 
exceeded its performance standard under Sec.  679.21(f)(6), and if it 
is not a low Chinook salmon abundance year, then NMFS will allocate a 
portion of the 60,000 Chinook salmon PSC limit to that sector as 
specified in Sec.  679.21(f)(3)(iii)(A). If no IPA is approved, or if 
the sector has exceeded its performance standard under Sec.  
679.21(f)(6), and if it is not a low abundance year, then NMFS will 
allocate a portion of the 47,591 Chinook salmon PSC limit to that 
sector as specified in Sec.  679.21(f)(3)(iii)(C). If an AFA sector 
participates in an approved IPA and has not exceeded its performance 
standard under Sec.  679.21(f)(6), in a low abundance year, then NMFS 
will allocate a portion of the 45,000 Chinook salmon PSC limit to that 
sector as specified in Sec.  679.21(f)(3)(iii)(B). If no IPA is 
approved, or if the sector has exceeded its performance standard under 
Sec.  679.21(f)(6), and if in a low abundance year, then NMFS will 
allocate a portion of the 33,318 Chinook salmon PSC limit to that 
sector as specified in Sec.  679.21(f)(3)(iii)(D).
    NMFS has determined that 2019 was not a low Chinook salmon 
abundance year, based on the State's estimate that Chinook salmon 
abundance in western Alaska is greater than 250,000 Chinook salmon. 
Therefore, in 2020, the Chinook salmon PSC limit is 60,000 Chinook 
salmon, allocated to each sector as specified in Sec.  
679.21(f)(3)(iii)(A). The AFA sector Chinook salmon allocations are 
also seasonally apportioned with 70 percent of the allocation for the A 
season pollock fishery, and 30 percent of the allocation for the B 
season pollock fishery (Sec. Sec.  679.21(f)(3)(i) and 679.23(e)(2)). 
In 2020, the Chinook salmon bycatch performance standard under Sec.  
679.21(f)(6) is 47,591 Chinook salmon, allocated to each sector as 
specified in Sec.  679.21(f)(3)(iii)(C).
    NMFS publishes the approved IPAs, allocations, and reports at 
https://alaskafisheries.noaa.gov/sustainablefisheries/bycatch/default.htm.
    Section 679.21(g)(2)(i) specifies 700 fish as the 2020 and 2021 
Chinook salmon PSC limit for the AI pollock fishery. Section 
679.21(g)(2)(ii) allocates 7.5 percent, or 53 Chinook salmon, as the AI 
PSQ reserve for the CDQ Program, and allocates the remaining 647 
Chinook salmon to the non-CDQ fisheries.
    Section 679.21(f)(14)(i) specifies 42,000 fish as the 2020 and 2021 
non-Chinook salmon PSC limit for vessels using trawl gear from August 
15 through October 14 in the Catcher Vessel Operational Area (CVOA). 
Section 679.21(f)(14)(ii) allocates 10.7 percent, or 4,494 non-Chinook 
salmon, in the CVOA as the PSQ reserve for the CDQ Program, and 
allocates the remaining 37,506 non-Chinook salmon in the CVOA to the 
non-CDQ fisheries.

[[Page 13568]]

    PSC limits for crab and herring are specified annually based on 
abundance and spawning biomass. Section 679.21(e)(3)(i)(A)(1) allocates 
10.7 percent from each trawl gear PSC limit specified for crab as a PSQ 
reserve for use by the groundfish CDQ program.
    Based on 2019 survey data, the red king crab mature female 
abundance is estimated at 10.613 million red king crabs, and the 
effective spawning biomass is estimated at 29.009 million lbs (12,705 
mt). Based on the criteria set out at Sec.  679.21(e)(1)(i), the 2020 
and 2021 PSC limit of red king crab in Zone 1 for trawl gear is 97,000 
animals. This limit derives from the mature female abundance estimate 
of more than 8.4 million mature red king crab and the effective 
spawning biomass estimate of more than 14.5 million lbs (6,577 mt) but 
less than 55 million lbs (24,948 mt).
    Section 679.21(e)(3)(ii)(B)(2) establishes criteria under which 
NMFS must specify an annual red king crab bycatch limit for the Red 
King Crab Savings Subarea (RKCSS) if the State has established a GHL 
fishery for red king crab in the Bristol Bay area in the previous year. 
The regulations limit the RKCSS red king crab bycatch limit to 25 
percent of the red king crab PSC limit, based on the need to optimize 
the groundfish harvest relative to red king crab bycatch. In December 
2019, the Council recommended and NMFS concurs that the red king crab 
bycatch limit for 2020 and 2021 be equal to 25 percent of the red king 
crab PSC limit within the RKCSS (Table 15).
    Based on 2019 survey data, Tanner crab (Chionoecetes bairdi) 
abundance is estimated at 2,574 million animals. Pursuant to criteria 
set out at Sec.  679.21(e)(1)(ii), the calculated 2020 and 2021 C. 
bairdi crab PSC limit for trawl gear is 980,000 animals in Zone 1, and 
2,970,000 animals in Zone 2. The limit in Zone 1 is based on the 
abundance of C. bairdi estimated at 2,574 million animals, which is 
greater than 400 million animals. The limit in Zone 2 is based on the 
abundance of C. bairdi estimated at 2,574 million animals, which is 
greater than 400 million animals.
    Pursuant to Sec.  679.21(e)(1)(iii), the PSC limit for trawl gear 
for snow crab (C. opilio) is based on total abundance as indicated by 
the NMFS annual bottom trawl survey. The C. opilio crab PSC limit in 
the C. opilio bycatch limitation zone (COBLZ) is set at 0.1133 percent 
of the Bering Sea abundance index minus 150,000 crabs. Based on the 
2019 survey estimate of 7.706 billion animals, the calculated 2020 and 
2021 C. opilio crab PSC limit is 8,580,898 animals, which is above the 
minimum PSC limit of 4.5 million and below the maximum PSC limit of 13 
million animals.
    Pursuant to Sec.  679.21(e)(1)(v), the PSC limit of Pacific herring 
caught while conducting any trawl operation for BSAI groundfish is 1 
percent of the annual eastern Bering Sea herring biomass. The best 
estimate of 2020 and 2021 herring biomass is 253,207 mt. This amount 
was developed by the Alaska Department of Fish and Game based on 
biomass for spawning aggregations. Therefore, the herring PSC limit for 
2020 and 2021 is 2,532 mt for all trawl gear as listed in Tables 14 and 
15.
    Section 679.21(e)(3)(i)(A) requires that PSQ reserves be subtracted 
from the total trawl gear crab PSC limits. The crab and halibut PSC 
limits apportioned to the Amendment 80 and BSAI trawl limited access 
sectors are listed in Table 35 to 50 CFR part 679. The resulting 2020 
and 2021 allocations of PSC limit to CDQ PSQ reserves, the Amendment 80 
sector, and the BSAI trawl limited access sector are listed in Table 
14. Pursuant to Sec. Sec.  679.21(b)(1)(i), 679.21(e)(3)(vi), and 
679.91(d) through (f), crab and halibut trawl PSC limits assigned to 
the Amendment 80 sector are then further allocated to Amendment 80 
cooperatives as cooperative quota. Crab and halibut PSC cooperative 
quota assigned to Amendment 80 cooperatives is not allocated to 
specific fishery categories. In 2020, there are no vessels in the 
Amendment 80 limited access sector and one Amendment 80 cooperative. 
The 2021 PSC allocations between Amendment 80 cooperatives and the 
Amendment 80 limited access sector will not be known until eligible 
participants apply for participation in the program by November 1, 
2020. Section 679.21(e)(3)(i)(B) requires that NMFS apportion each 
trawl PSC limit for crab and herring not assigned to Amendment 80 
cooperatives into PSC bycatch allowances for seven specified fishery 
categories in Sec.  679.21(e)(3)(iv).
    Section 679.21(b)(2) and (e)(5) authorizes NMFS, after consulting 
with the Council, to establish seasonal apportionments of halibut and 
crab PSC amounts for the BSAI trawl limited access and non-trawl 
sectors in order to maximize the ability of the fleet to harvest the 
available groundfish TAC and to minimize bycatch. The factors to be 
considered are (1) seasonal distribution of prohibited species, (2) 
seasonal distribution of target groundfish species relative to 
prohibited species distribution, (3) PSC bycatch needs on a seasonal 
basis relevant to prohibited species biomass and expected catches of 
target groundfish species, (4) expected variations in bycatch rates 
throughout the year, (5) expected changes in directed groundfish 
fishing seasons, (6) expected start of fishing effort, and (7) economic 
effects of establishing seasonal prohibited species apportionments on 
segments of the target groundfish industry. Based on this criteria, the 
Council recommended and NMFS approves the seasonal PSC apportionments 
in Tables 16 and 17 to maximize harvest among gear types, fisheries, 
and seasons while minimizing bycatch of PSC.

 Table 14--Final 2020 and 2021 Apportionment of Prohibited Species Catch Allowances to Non-Trawl Gear, the CDQ Program, Amendment 80, and the BSAI Trawl
                                                                 Limited Access Sectors
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                       Trawl PSC                 BSAI trawl    BSAI PSC
                                                                             Non-trawl     CDQ PSQ     remaining    Amendment     limited     limits not
              PSC species and area and zone \1\                 Total PSC       PSC      reserve \2\   after CDQ    80 sector      access     allocated
                                                                                                          PSQ          \3\         sector        \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Halibut mortality (mt) BSAI..................................        3,515          710          315          n/a        1,745          745  ...........
Herring (mt) BSAI............................................        2,532          n/a          n/a          n/a          n/a          n/a  ...........
Red king crab (animals) Zone 1...............................       97,000          n/a       10,379       86,621       43,293       26,489       16,839
C. opilio (animals) COBLZ....................................    8,580,898          n/a      918,156    7,662,742    3,766,238    2,462,805    1,433,699
C. bairdi crab (animals) Zone 1..............................      980,000          n/a      104,860      875,140      368,521      411,228       95,390
C. bairdi crab (animals) Zone 2..............................    2,970,000          n/a      317,790    2,652,210      627,778    1,241,500      782,932
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of areas and zones.
\2\ The PSQ reserve for crab species is 10.7 percent of each crab PSC limit.
\3\ The Amendment 80 program reduced apportionment of the trawl PSC limits for crab below the total PSC limit. These reductions are not apportioned to
  other gear types or sectors.


[[Page 13569]]


 Table 15--Final 2020 and 2021 Herring and Red King Crab Savings Subarea
        Prohibited Species Catch Allowances for All Trawl Sectors
------------------------------------------------------------------------
                                                          Red king crab
         Fishery Categories             Herring (mt)     (animals)  Zone
                                            BSAI                1
------------------------------------------------------------------------
Yellowfin sole......................               110               n/a
Rock sole/flathead sole/Alaska                      54               n/a
 plaice/other flatfish \1\..........
Greenland turbot/arrowtooth flounder/                7               n/a
 Kamchatka flounder/sablefish.......
Rockfish............................                 7               n/a
Pacific cod.........................                13               n/a
Midwater trawl pollock..............             2,299               n/a
Pollock/Atka mackerel/other species                 42               n/a
 2 3................................
Red king crab savings subarea non-                 n/a            24,250
 pelagic trawl gear \4\.............
                                     -----------------------------------
    Total trawl PSC.................             2,532            97,000
------------------------------------------------------------------------
\1\ ``Other flatfish'' for PSC monitoring includes all flatfish species,
  except for halibut (a prohibited species), Alaska plaice, arrowtooth
  flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock
  sole, and yellowfin sole.
\2\ Pollock other than midwater trawl pollock, Atka mackerel, and
  ``other species'' fishery category.
\3\ ``Other species'' for PSC monitoring includes skates, sculpins,
  sharks, and octopuses.
\4\ In December 2019, the Council recommended, and NMFS approves, that
  the red king crab bycatch limit for non-pelagic trawl fisheries within
  the RKCSS be limited to 25 percent of the red king crab PSC allowance
  (see Sec.   679.21(e)(3)(ii)(B)(2)).
Note: Species allowances may not total precisely due to rounding.


  Table 16--Final 2020 and 2021 Prohibited Species Bycatch Allowances for the BSAI Trawl Limited Access Sector
----------------------------------------------------------------------------------------------------------------
                                                      Prohibited species and area or zone \1\
                                 -------------------------------------------------------------------------------
    BSAI trawl limited access         Halibut      Red king crab     C. opilio          C. bairdi (animals)
            fisheries                mortality       (animals)       (animals)   -------------------------------
                                     (mt) BSAI        Zone 1           COBLZ          Zone 1          Zone 2
----------------------------------------------------------------------------------------------------------------
Yellowfin sole..................             150          23,338       2,321,656         346,228       1,185,500
Rock sole/flathead sole/Alaska    ..............  ..............  ..............  ..............  ..............
 plaice/other flatfish \2\......
Greenland turbot/arrowtooth       ..............  ..............  ..............  ..............  ..............
 flounder/Kamchatka flounder/
 sablefish......................
Rockfish April 15-December 31...               4  ..............           3,835  ..............           1,000
Pacific cod.....................             391           2,954          98,959          60,000          49,999
Pollock/Atka mackerel/other                  200             197          38,356           5,000           5,000
 species \3\....................
                                 -------------------------------------------------------------------------------
    Total BSAI trawl limited                 745          26,489       2,462,805         411,228       1,241,500
     access PSC.................
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of areas and zones.
\2\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
  species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole,
  and yellowfin sole.
\3\ ``Other species'' for PSC monitoring includes skates, sculpins, sharks, and octopuses.
Note: Seasonal or sector allowances may not total precisely due to rounding.


       Table 17--Final 2020 and 2021 Halibut Prohibited Species Bycatch Allowances for Non-Trawl Fisheries
----------------------------------------------------------------------------------------------------------------
                                           Halibut mortality (mt) BSAI
-----------------------------------------------------------------------------------------------------------------
                                                                     Catcher/         Catcher
          Non-trawl fisheries                    Seasons             processor        vessel      All  non-trawl
----------------------------------------------------------------------------------------------------------------
Pacific cod...........................  Total Pacific cod.......             648              13             661
                                        January 1-June 10.......             388               9             n/a
                                        June 10-August 15.......             162               2             n/a
                                        August 15-December 31...              98               2             n/a
Non-Pacific cod non-trawl--Total......  May 1-December 31.......             n/a             n/a              49
Groundfish pot and jig................  n/a.....................             n/a             n/a          Exempt
Sablefish hook-and-line...............  n/a.....................             n/a             n/a          Exempt
                                                                 -----------------------------------------------
    Total for all non-trawl PSC.......  n/a.....................             n/a             n/a             710
----------------------------------------------------------------------------------------------------------------
Note: Seasonal or sector allowances may not total precisely due to rounding.

Estimates of Halibut Biomass and Stock Condition

    The International Pacific Halibut Commission (IPHC) annually 
assesses the abundance and potential yield of the Pacific halibut stock 
using all available data from the commercial and sport fisheries, other 
removals, and scientific surveys. Additional information on the Pacific 
halibut stock assessment may be found in the IPHC's 2019 Pacific 
halibut stock assessment (December 2019), available on the IPHC website 
at www.iphc.int. The IPHC considered the 2019 Pacific halibut stock 
assessment at its February 2020 annual meeting when

[[Page 13570]]

it set the 2020 commercial halibut fishery catch limits.

Halibut Discard Mortality Rates

    To monitor halibut bycatch mortality allowances and apportionments, 
the Regional Administrator uses observed halibut incidental catch 
rates, halibut discard mortality rates (DMRs), and estimates of 
groundfish catch to project when a fishery's halibut bycatch mortality 
allowance or seasonal apportionment is reached. Halibut 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 BSAI stock 
assessment process. The DMR methodology and findings are included as an 
appendix to the annual BSAI groundfish SAFE report.
    In 2016, the DMR estimation methodology underwent revisions per the 
Council's directive. An interagency halibut working group (IPHC, 
Council, and NMFS staff) developed improved estimation methods that 
have undergone review by the Plan Team, SSC, and the Council. A summary 
of the revised methodology is included in the BSAI proposed 2017 and 
2018 harvest specifications (81 FR 87863, December 6, 2016), and the 
comprehensive discussion of the working group's statistical methodology 
is available from the Council (see ADDRESSES). The DMR working group's 
revised methodology is intended to improve estimation accuracy, 
transparency, and transferability 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 new methodology will continue to 
ensure that NMFS is using DMRs that more accurately reflect halibut 
mortality, which will inform the different sectors of their estimated 
halibut mortality and allow specific sectors to respond with methods 
that could reduce mortality and, eventually, the DMR for that sector.
    At the December 2019 meeting, the SSC, AP, and Council reviewed and 
concurred in the revised DMRs. The 2020 and 2021 DMRs use an updated 2-
year reference period. Comparing the 2020 and 2021 final DMRs to the 
final DMRs from the 2019 and 2020 harvest specifications, the DMR for 
motherships and catcher/processors using non-pelagic trawl gear 
decreased to 75 percent from 78 percent, the DMR for catcher vessels 
using non-pelagic trawl gear decreased to 58 percent from 59 percent, 
the DMR for catcher/processors using hook-and-line gear increased to 9 
percent from 8 percent, the DMR for catcher vessels using hook-and-line 
gear increased to 9 percent from 4 percent, and the DMR for pot gear 
increased to 27 percent from 19 percent. Table 18 lists the final 2020 
and 2021 DMRs.

  Table 18--2020 and 2021 Pacific Halibut Discard Mortality Rates (DMR)
                              for the BSAI
------------------------------------------------------------------------
                                                              Halibut
                                                              discard
               Gear                        Sector         mortality rate
                                                             (percent)
------------------------------------------------------------------------
Pelagic trawl.....................  All.................             100
Non-pelagic trawl.................  Mothership and                    75
                                     catcher/processor.
Non-pelagic trawl.................  Catcher vessel......              58
Hook-and-line.....................  Catcher/processor...               9
Hook-and-line.....................  Catcher vessel......               9
Pot...............................  All.................              27
------------------------------------------------------------------------

Directed Fishing Closures

    In accordance with Sec.  679.20(d)(1)(i), the Regional 
Administrator may establish a DFA for a species or species group if the 
Regional Administrator determines that any allocation or apportionment 
of a target species has been or will be reached. If the Regional 
Administrator establishes a DFA, and that allowance is or will be 
reached before the end of the fishing year, NMFS will prohibit directed 
fishing for that species or species group in the specified subarea, 
regulatory area, or district (see Sec.  679.20(d)(1)(iii)). Similarly, 
pursuant to Sec.  679.21(b)(4) and (e)(7), if the Regional 
Administrator determines that a fishery category's bycatch allowance of 
halibut, red king crab, C. bairdi crab, or C. opilio crab for a 
specified area has been reached, the Regional Administrator will 
prohibit directed fishing for each species or species group in that 
fishery category in the area specified by regulation for the remainder 
of the season or fishing year.
    Based on historic catch patterns and anticipated fishing activity, 
the Regional Administrator has determined that the groundfish 
allocation amounts in Table 19 will be necessary as incidental catch to 
support other anticipated groundfish fisheries for the 2020 and 2021 
fishing years. Consequently, in accordance with Sec.  679.20(d)(1)(i), 
the Regional Administrator establishes the DFA for the species and 
species groups in Table 19 as zero mt. Therefore, in accordance with 
Sec.  679.20(d)(1)(iii), NMFS is prohibiting directed fishing for these 
sectors and species or species groups in the specified areas effective 
at 1200 hours, A.l.t., March 9, 2020, through 2400 hours, A.l.t., 
December 31, 2021. Also, for the BSAI trawl limited access sector, 
bycatch allowances of halibut, red king crab, C. bairdi crab, and C. 
opilio crab listed in Table 19 are insufficient to support directed 
fisheries. Therefore, in accordance with Sec.  679.21(b)(4)(i) and 
(e)(7), NMFS is prohibiting directed fishing for these sectors, 
species, and fishery categories in the specified areas effective at 
1200 hours, A.l.t., March 9, 2020, through 2400 hours, A.l.t., December 
31, 2021.

[[Page 13571]]



                              Table 19--2020 and 2021 Directed Fishing Closures \1\
           [Groundfish and halibut amounts are in metric tons. Crab amounts are in number of animals.]
----------------------------------------------------------------------------------------------------------------
                                                                               2020 Incidental   2021 Incidental
               Area                       Sector               Species         catch allowance   catch allowance
----------------------------------------------------------------------------------------------------------------
Bogoslof District................  All.................  Pollock............                75                75
Aleutian Islands subarea.........  All.................  ICA pollock........             2,400             2,400
                                                         ``Other rockfish''                388               388
                                                          \2\.
Aleutian Islands subarea.........  Trawl non-CDQ.......  Sablefish..........               433               531
Eastern Aleutian District/Bering   Non-amendment 80,     ICA Atka mackerel..               800               800
 Sea.                               CDQ, and BSAI trawl
                                    limited access.
Eastern Aleutian District/Bering   All.................  Blackspotted/                      72                72
 Sea.                                                     Rougheye rockfish.
Eastern Aleutian District........  Non-amendment 80,     ICA Pacific ocean                 100               100
                                    CDQ, and BSAI trawl   perch.
                                    limited access.
Central Aleutian District........  Non-amendment 80,     ICA Atka mackerel..                75                75
                                    CDQ, and BSAI trawl  ICA Pacific ocean                  60                60
                                    limited access.       perch.
Western Aleutian District........  Non-amendment 80,     ICA Atka mackerel..                20                20
                                    CDQ and BSAI trawl   ICA Pacific ocean                  10                10
                                    limited access.       perch.
Western and Central Aleutian       All.................  Blackspotted/                     224               288
 Districts.                                               Rougheye rockfish.
Bering Sea subarea...............  Trawl non-CDQ.......  Sablefish..........               633               847
Bering Sea subarea...............  All.................  Pacific ocean perch            12,043            11,560
                                                         ``Other rockfish''                595               595
                                                          \2\.                          47,453            48,285
                                                         ICA pollock........
Bering Sea and Aleutian Islands..  All.................  Northern rockfish..             8,500             8,500
                                                         Shortraker rockfish               319               319
                                                         Skates.............            13,866            13,600
                                                         Sculpins...........             4,505             4,250
                                                         Sharks.............               128               128
                                                         Octopuses..........               234               255
                                   Hook-and-line and     ICA Pacific cod....               400               400
                                    pot gear.
                                   Non-amendment 80 and  ICA flathead sole..             3,000             3,000
                                    CDQ.
                                                         ICA rock sole......             6,000             6,000
                                   Non-amendment 80,     ICA yellowfin sole.             4,000             4,000
                                    CDQ, and BSAI trawl
                                    limited access.
                                   BSAI trawl limited    Rock sole/flathead   ................  ................
                                    access.               sole/other
                                                          flatfish--halibut
                                                          mortality, red
                                                          king crab Zone 1,
                                                          C. opilio COBLZ,
                                                          C. bairdi Zone 1
                                                          and 2.
                                                         Turbot/arrowtooth/   ................  ................
                                                          sablefish--halibut
                                                          mortality, red
                                                          king crab Zone 1,
                                                          C. opilio COBLZ,
                                                          C. bairdi Zone 1
                                                          and 2.
                                                         Rockfish--red king   ................  ................
                                                          crab Zone 1.
----------------------------------------------------------------------------------------------------------------
\1\ Maximum retainable amounts may be found in Table 11 to 50 CFR part 679.
\2\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean
  perch, northern rockfish, blackspotted/rougheye rockfish, and shortraker rockfish.

    Closures implemented under the final 2019 and 2020 BSAI harvest 
specifications for groundfish (84 FR 9000, March 13, 2019) remain 
effective under authority of these final 2020 and 2021 harvest 
specifications and until the date specified in those notices. Closures 
are posted at the following website under the Alaska filter for 
Management Area: https://www.fisheries.noaa.gov/rules-and-announcements/bulletins. While these closures are in effect, the 
maximum retainable amounts at Sec.  679.20(e) and (f) apply at any time 
during a fishing trip. These closures to directed fishing are in 
addition to closures and prohibitions found at 50 CFR part 679.

Listed AFA Catcher/Processor Sideboard Limits

    Pursuant to Sec.  679.64(a), the Regional Administrator is 
responsible for restricting the ability of listed AFA C/Ps to engage in 
directed fishing for groundfish species other than pollock to protect 
participants in other groundfish fisheries from adverse effects 
resulting from the AFA fishery and from fishery cooperatives in the 
directed pollock fishery. These restrictions are set out as sideboard 
limits on catch. On February 8, 2019, NMFS published a final rule (84 
FR 2723) that implemented regulations to prohibit non-exempt AFA C/Ps 
from directed fishing for groundfish species or species groups subject 
to sideboard limits (see Sec.  679.20(d)(1)(iv)(D) and Table 54 to 50 
CFR part 679). Section 679.64(a)(1)(v) exempts AFA C/Ps from a 
yellowfin sole sideboard limit because the final 2020 and 2021 
aggregate ITAC of yellowfin sole assigned to the Amendment 80 sector 
and BSAI trawl limited access sector is greater than 125,000 mt.
    Section 679.64(a)(2) and Tables 40 and 41 to 50 CFR part 679 
establish a formula for calculating PSC sideboard limits for halibut 
and crab caught by listed AFA C/Ps. The basis for these sideboard 
limits is described in detail in the final rules implementing the major 
provisions of the AFA (67 FR 79692, December 30, 2002) and Amendment 80 
(72 FR 52668, September 14, 2007). PSC species listed in Table 20 that 
are caught by listed AFA C/Ps participating in any groundfish fishery 
other than pollock will accrue against the final 2020 and 2021 PSC 
sideboard limits for the listed

[[Page 13572]]

AFA C/Ps. Section 679.21(b)(4)(iii), (e)(3)(v), and (e)(7) authorize 
NMFS to close directed fishing for groundfish other than pollock for 
listed AFA C/Ps once a final 2020 or 2021 PSC sideboard limit listed in 
Table 20 is reached. Pursuant to Sec.  679.21(b)(1)(ii)(C) and 
(e)(3)(ii)(C), halibut or crab PSC by listed AFA C/Ps while fishing for 
pollock will accrue against the PSC allowances annually specified for 
the pollock/Atka mackerel/``other species'' fishery categories, 
according to Sec.  679.21(b)(1)(ii)(B) and (e)(3)(iv).

       Table 20--Final 2020 and 2021 BSAI AFA Listed Catcher/Processor Prohibited Species Sideboard Limits
----------------------------------------------------------------------------------------------------------------
                                                                                2020 and 2021
                                                                              PSC available to    2020 and 2021
                                                              Ratio of PSC      trawl vessels     AFA catcher/
                 PSC species and area \1\                    catch to total         after           processor
                                                                   PSC         subtraction of    sideboard limit
                                                                                   PSQ \2\             \2\
----------------------------------------------------------------------------------------------------------------
Halibut mortality BSAI....................................               n/a               n/a               286
Red king crab Zone 1......................................            0.0070            86,621               606
C. opilio (COBLZ).........................................            0.1530         7,662,742         1,172,400
C. bairdi Zone 1..........................................            0.1400           875,140           122,520
C. bairdi Zone 2..........................................            0.0500         2,652,210           132,611
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of areas.
\2\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.

AFA Catcher Vessel Sideboard Limits

    Pursuant to Sec.  [thinsp]679.64(b), the Regional Administrator is 
responsible for restricting the ability of AFA CVs to engage in 
directed fishing for groundfish species other than pollock to protect 
participants in other groundfish fisheries from adverse effects 
resulting from the AFA fishery and from fishery cooperatives in the 
pollock directed fishery. On February 8, 2019, NMFS published a final 
rule (84 FR 2723) that implemented regulations to prohibit non-exempt 
AFA C/Vs from directed fishing for a majority of the groundfish species 
or species groups subject to sideboard limits (see Sec.  
679.20(d)(1)(iv)(D) and Table 55 to 50 CFR part 679). Section 
679.64(b)(6) exempts AFA CVs from a yellowfin sole sideboard limit 
because the 2020 and 2021 aggregate ITAC of yellowfin sole assigned to 
the Amendment 80 sector and BSAI trawl limited access sector is greater 
than 125,000 mt. The remainder of the sideboard limits for non-exempt 
AFA C/Vs are in Table 21.
    Section 679.64(b)(3) and (b)(4) establish formulas for setting AFA 
CV groundfish and halibut and crab PSC sideboard limits for the BSAI. 
The basis for these sideboard limits is described in detail in the 
final rules implementing the major provisions of the AFA (67 FR 79692, 
December 30, 2002) and Amendment 80 (72 FR 52668, September 14, 2007). 
Table 21 lists the final 2020 and 2021 AFA CV sideboard limits.

                     Table 21-Final 2020 and 2021 BSAI Pacific Cod Sideboard Limits for American Fisheries Act Catcher Vessels (CVs)
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Ratio of 1995-
                                                                 1997 AFA CV catch   2020 Initial    2020 AFA catcher   2021 Initial    2021 AFA catcher
                  Fishery by area/gear/season                     to 1995-1997 TAC        TAC        vessel sideboard        TAC        vessel sideboard
                                                                                                          limits                             limits
--------------------------------------------------------------------------------------------------------------------------------------------------------
BSAI...........................................................                n/a             n/a                n/a             n/a                n/a
Trawl gear CV..................................................                n/a             n/a                n/a             n/a                n/a
Jan 20-Apr 1...................................................             0.8609          22,723             19,562          15,543             13,381
Apr 1-Jun 10...................................................             0.8609           3,378              2,908           2,310              1,989
Jun 10-Nov 1...................................................             0.8609           4,606              3,965           3,151              2,712
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Section 679.64(b)(6) exempts AFA catcher vessels from a yellowfin sole sideboard limit because the 2020 and 2021 aggregate ITAC of yellowfin sole
  assigned to the Amendment 80 sector and BSAI trawl limited access sector is greater than 125,000 mt.

    Halibut and crab PSC limits listed in Table 22 that are caught by 
AFA CVs participating in any groundfish fishery other than pollock will 
accrue against the 2020 and 2021 PSC sideboard limits for the AFA CVs. 
Section 679.21(b)(4)(iii), (e)(3)(v), and (e)(7) authorize NMFS to 
close directed fishing for groundfish other than pollock for AFA CVs 
once a final 2020 and 2021 PSC sideboard limit listed in Table 22 is 
reached. Pursuant to Sec.  679.21(b)(1)(ii)(C) and (e)(3)(ii)(C), 
halibut or crab PSC by AFA CVs while fishing for pollock in the BS will 
accrue against the PSC allowances annually specified for the pollock/
Atka mackerel/``other species'' fishery categories under Sec. Sec.  
679.21(b)(1)(ii)(B) and (e)(3)(iv).

[[Page 13573]]



Table 22-Final 2020 and 2021 American Fisheries Act Catcher Vessel Prohibited Species Catch Sideboard Limits for
                                                  the BSAI \1\
----------------------------------------------------------------------------------------------------------------
                                                                                                  2020 and 2021
                                                               AFA catcher      2020 and 2021      AFA catcher
      PSC species and area \1\           Target fishery        vessel PSC      PSC limit after     vessel PSC
                                          category \2\      sideboard  limit   subtraction of    sideboard limit
                                                                  ratio       PSQ reserves \3\         \3\
----------------------------------------------------------------------------------------------------------------
Halibut............................  Pacific cod trawl....               n/a               n/a               887
                                     Pacific cod hook-and-               n/a               n/a                 2
                                      line or pot.
                                     Yellowfin sole total.               n/a               n/a               101
                                     Rock sole/flathead                  n/a               n/a               228
                                      sole/Alaska plaice/
                                      other flatfish \4\.
                                     Greenland turbot/                   n/a               n/a  ................
                                      arrowtooth/Kamchatka/
                                      sablefish.
                                     Rockfish.............               n/a               n/a                 2
                                     Pollock/Atka mackerel/              n/a               n/a                 5
                                      other species \5\.
Red king crab Zone 1...............  n/a..................            0.2990            86,621            25,900
C. opilio COBLZ....................  n/a..................            0.1680         7,662,742         1,287,341
C. bairdi Zone 1...................  n/a..................            0.3300           875,140           288,796
C. bairdi Zone 2...................  n/a..................            0.1860         2,652,210           493,311
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of areas.
\2\ Target trawl fishery categories are defined at Sec.   679.21(b)(1)(ii)(B) and (e)(3)(iv).
\3\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
\4\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
  species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole,
  and yellowfin sole.
\5\ ``Other species'' for PSC monitoring includes skates, sculpins, sharks, and octopuses.

Response to Comments

    NMFS received one letter raising one comment during the public 
comment period for the proposed BSAI groundfish harvest specifications. 
No changes were made to the final rule in response to the comment 
letter received.
    Comment 1: NMFS is allowing the massive taking of 2.0 million mt of 
groundfish from the Bering Sea, Alaska, which should be cut by 50% 
immediately, because the allocation is too high and is harming marine 
mammals and other animals that rely on groundfish for food.
    Response 1: The FMP and its implementing regulations require NMFS, 
after consultation with the Council, to specify annually the TAC for 
each target species or species group, and the sum of all TACs for all 
groundfish species in the BSAI must be within the optimum yield (OY) 
range of 1.4 million to 2.0 mt (see Sec.  679.20(a)(1)(i)(A)). For 2020 
and 2021, the sum of all TACs is 2.0 million mt, which is the upper end 
of the required OY range of 1.4 to 2.0 million mt. For each groundfish 
species or species group in the BSAI, the Council and NMFS set annual 
harvest levels for 2020 and 2021 based on the best available scientific 
information on the biological condition of the groundfish species, the 
status of ecosystem, and other socio-economic factors. NMFS's primary 
objective in the harvest specifications process is the conservation and 
management of fish resources for the Nation as a whole, and the annual 
harvest specifications process is a key element to ensuring that Alaska 
fisheries are sustainably managed in a controlled and orderly manner. 
This process incorporates the best available scientific information 
from the most recent SAFE reports, which include information on the 
condition of each groundfish species and other ecosystem components, 
such as marine mammals and seabirds. In addition, NMFS has considered 
impacts on endangered and threatened species and marine mammals and has 
developed measures to address those impacts. For example, there are a 
broad suite of conservation and management measures in place to protect 
Steller sea lions that were subject to consultation under Section 7 of 
the Endangered Species Act, including those described at https://www.fisheries.noaa.gov/species/steller-sea-lion#management.

Classification

    NMFS has determined that the final harvest specifications are 
consistent with the FMP and with the Magnuson-Stevens Act and other 
applicable laws.
    This action is authorized under 50 CFR 679.20 and is exempt from 
review under Executive Order 12866. This final 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 (see ADDRESSES) and 
made it available to the public on January 12, 2007 (72 FR 1512). On 
February 13, 2007, NMFS issued the ROD for the Final EIS. In January 
2020, NMFS prepared a Supplementary Information Report (SIR) for this 
action. 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 groundfish 
harvest specifications and alternative harvest strategies on resources 
in the action area. Based on the analysis in the Final EIS, NMFS 
concluded that the preferred alternative (Alternative 2) provides the 
best balance among relevant environmental, social, and economic 
considerations and allows for continued management of the groundfish 
fisheries based on the most recent, best scientific information.
    The SIR evaluates the need to prepare a Supplemental EIS (SEIS) for 
the 2020 and 2021 groundfish harvest specifications. An SEIS should be 
prepared if (1) the agency makes substantial changes in the proposed 
action that are relevant to environmental concerns; or (2) significant 
new circumstances or information exist relevant to environmental 
concerns and bearing on the proposed action or its impacts (40 CFR 
1502.9(c)(1)). After reviewing the information contained in the SIR and 
SAFE reports, the Regional Administrator has determined that (1) 
approval of the 2020 and 2021 harvest specifications, which were set 
according to the preferred harvest strategy in the Final EIS, does not 
constitute a substantial change in the action; and (2) there are no 
significant new

[[Page 13574]]

circumstances or information relevant to environmental concerns and 
bearing on the action or its impacts. Additionally, the 2020 and 2021 
harvest specifications will result in environmental, social, and 
economic impacts within the scope of those analyzed and disclosed in 
the Final EIS. Therefore, an SEIS is not necessary to implement the 
2020 and 2021 harvest specifications.
    Section 604 of the Regulatory Flexibility Act (RFA) (5 U.S.C. 604) 
requires that, when an agency promulgates a final rule under 5 U.S.C. 
553, after being required by that section, or any other law, to publish 
a general notice of proposed rulemaking, the agency shall prepare a 
final regulatory flexibility analysis (FRFA). The following constitutes 
the FRFA prepared for the final action.
    The required contents of a FRFA, as described in section 604, are: 
(1) A statement of the need for, and objectives of, the rule; (2) a 
statement of the significant issues raised by the public comments in 
response to the initial regulatory flexibility analysis, a statement of 
the assessment of the agency of such issues, and a statement of any 
changes made in the proposed rule as a result of such comments; (3) the 
response of the agency to any comments filed by the Chief Counsel for 
Advocacy of the Small Business Administration in response to the 
proposed rule, and a detailed statement of any change made to the 
proposed rule in the final rule as a result of the comments; (4) a 
description of and an estimate of the number of small entities to which 
the rule will apply or an explanation of why no such estimate is 
available; (5) a description of the projected reporting, recordkeeping, 
and other compliance requirements of the rule, including an estimate of 
the classes of small entities which will be subject to the requirement 
and the type of professional skills necessary for preparation of the 
report or record; and (6) a description of the steps the agency has 
taken to minimize the significant economic impact on small entities 
consistent with the stated objectives of applicable statutes, including 
a statement of the factual, policy, and legal reasons for selecting the 
alternative adopted in the final rule and why each one of the other 
significant alternatives to the rule considered by the agency which 
affect the impact on small entities was rejected.
    A description of this action, its purpose, and its legal basis are 
included at the beginning of the preamble to this final rule and are 
not repeated here.
    NMFS published the proposed rule on December 3, 2019 (84 FR 66129). 
NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA) to 
accompany the proposed action, and included a summary in the proposed 
rule. The comment period closed on January 2, 2020. No comments were 
received on the IRFA or on the economic impacts of the rule more 
generally. The Chief Counsel for Advocacy of the Small Business 
Administration did not file any comments on the proposed rule.
    The entities directly regulated by this action are those that 
harvest groundfish in the exclusive economic zone of the BSAI and in 
parallel fisheries within State waters. These include entities 
operating catcher vessels and catcher/processors 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) is classified as a 
small business if it is independently owned and operated, is not 
dominant in its field of operation (including its affiliates), and has 
combined annual gross receipts not in excess of $11 million for all its 
affiliated operations worldwide.
    Using the most recent data available (2018), the estimated number 
of directly regulated small entities include approximately 182 catcher 
vessels, three catcher/processors, and six CDQ groups. Some of these 
vessels are members of AFA inshore pollock cooperatives, Gulf of Alaska 
rockfish cooperatives, or BSAI Crab Rationalization Program 
cooperatives, and, since under the RFA the aggregate gross receipts of 
all participating members of the cooperative must meet the ``under $11 
million'' threshold, the cooperatives are considered to be large 
entities within the meaning of the RFA. Thus, the estimate of 182 
catcher vessels may be an overstatement of the number of small 
entities. Average gross revenues in 2018 were $520,000 for small hook-
and-line vessels, $1.2 million for small pot vessels, and $2.6 million 
for small trawl vessels. The average gross revenue for catcher/
processors are not reported, due to confidentiality considerations.
    This action does not modify recordkeeping or reporting 
requirements.
    The significant alternatives were those considered as alternative 
harvest strategies when the Council selected its preferred harvest 
strategy (Alternative 2) in December 2006. These included the 
following:
     Alternative 1: Alternative 1 set TAC to produce fishing 
mortality rates, F, that are equal to maxFABC, unless the sum of the 
TAC is constrained by the OY established in the FMP. This is equivalent 
to setting TAC to produce harvest levels equal to the maximum 
permissible ABC, as constrained by OY. The term ``maxFABC'' refers to 
the maximum permissible value of FABC under Amendment 56 to the BSAI 
and Gulf of Alaska groundfish fishery management plans. Historically, 
the TAC has been set at or below the ABC; therefore, this alternative 
represents a likely upper limit for setting the TAC within the OY and 
ABC limits.
     Alternative 3: For species in Tiers 1, 2, and 3, 
Alternative 3 set TAC to produce F equal to the most recent 5-year 
average actual F. For species in Tiers 4, 5, and 6, Alternative 3 set 
TAC equal to the most recent 5-year average actual catch. For stocks 
with a high level of scientific information, TAC would be set to 
produce harvest levels equal to the most recent 5-year average actual 
fishing mortality rates. For stocks with insufficient scientific 
information, TAC would be set equal to the most recent 5-year average 
actual catch. This alternative recognizes that for some stocks, catches 
may fall well below ABC, and recent average F may provide a better 
indicator of actual F than FABC does.
     Alternative 4: First, Alternative 4 set TAC for rockfish 
species in Tier 3 at F75%; set TAC for rockfish species in Tier 5 at F 
= 0.5M; and set spatially explicit TAC for shortraker and rougheye 
rockfish in the BSAI. Second, taking the rockfish TAC as calculated 
above, Alternative 4 would reduce all other TAC by a proportion that 
does not vary across species, so that the sum of all TAC, including 
rockfish TAC, is equal to the lower bound of the area OY (1.4 million 
mt in the BSAI). This alternative sets conservative and spatially 
explicit TAC for rockfish species that are long-lived and late to 
mature, and sets conservative TAC for the other groundfish species.
     Alternative 5: Alternative 5 (No Action) set TAC at zero.
    Alternative 2 is the preferred alternative chosen by the Council. 
Alternative 2 set TACs that fall within the range of ABCs recommended 
through the Council harvest specifications process and TACs recommended 
by the Council. Under this scenario, F is set equal to a constant 
fraction of maxFABC. The recommended fractions of maxFABC may vary 
among species or stocks, based on other considerations unique to each.

[[Page 13575]]

This is the method for determining TACs that has been used in the past.
    Alternatives 1, 3, 4, and 5 do not meet the objectives of this 
action. Alternatives 1 and 3 may have a smaller adverse economic impact 
on small entities than the preferred alternative, but would be 
inconsistent with the objectives of this action. Alternatives 4 and 5 
likely would have a significant adverse economic impact on small 
entities. The Council rejected these alternatives as harvest strategies 
in 2006, and the Secretary of Commerce did so in 2007.
    Alternative 1 would lead to TAC limits whose sum exceeds the 
fishery OY, which is set out in statute and the FMP. As shown in Table 
1 and Table 2, the sum of ABCs in 2020 and 2021 would be 3,272,581 mt 
and 3,020,278 mt, respectively. Both of these are substantially in 
excess of the fishery OY for the BSAI. This result would be 
inconsistent with the objectives of this action, in that it would 
violate the Consolidated Appropriations Act of 2004, Public Law 108-
199, Division B, Title VIII, section 803(c), the FMP, and implementing 
regulations (Sec.  679.20(a)(1)(i)(A)), which set a 2.0 million mt 
maximum harvest for BSAI groundfish.
    Alternative 3 selects harvest rates based on the most recent 5 
years' worth of harvest rates (for species in Tiers 1 through 3) or 
based on the most recent 5 years' worth of harvests (for species in 
Tiers 4 through 6). This alternative is inconsistent with the 
objectives of this action, as well as National Standard 2 of the 
Magnuson-Stevens Act (16 U.S.C. 1851(a)(2)), because it does not take 
into account the most recent biological information for this fishery. 
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 
category for each year in the SAFE report (see ADDRESSES).
    Alternative 4 would lead to significantly lower harvests of all 
groundfish species and would reduce TAC from the upper end of the OY 
range in the BSAI to its lower end of 1.4 million mt. This result would 
lead to significant reductions in harvests of species by small 
entities. While reductions of this size could be associated with 
offsetting price increases, the size of these increases is uncertain, 
and, assuming volume decreases would lead to price increases, it is 
unclear whether price increases would be sufficient to offset the 
volume decreases and to leave revenues unchanged for small entities. 
Thus, this alternative would have an adverse economic impact on small 
entities, compared to the preferred alternative.
    Alternative 5, which sets all harvests equal to zero, may address 
conservation issues, but would have a significant adverse economic 
impact on small entities and would be inconsistent with achieving OY on 
a continuing basis, as mandated by the Magnuson-Stevens Act (16 U.S.C. 
1851(a)(1)).
    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).
    Pursuant to 5 U.S.C. 553(d)(3), the Assistant Administrator for 
Fisheries, NOAA, finds good cause to waive the 30-day delay in the date 
of effectiveness for this rule because delaying this rule is contrary 
to the public interest. The Plan Team review of the 2019 SAFE report 
occurred in November 2019, and based on the 2019 SAFE report the 
Council considered and recommended the final harvest specifications in 
December 2019. Accordingly, NMFS's review of the final 2020 and 2021 
harvest specifications could not begin until after the December 2019 
Council meeting, and after the public had time to comment on the 
proposed action.
    If this rule's effectiveness is delayed, fisheries that might 
otherwise remain open under these rules may prematurely close based on 
the lower TACs established in the final 2019 and 2020 harvest 
specifications (84 FR 9000, March 13, 2019). If implemented 
immediately, this rule would allow these fisheries to continue fishing, 
because some of the new TACs implemented by this rule are higher than 
the TACs under which they are currently fishing.
    In addition, immediate effectiveness of this action is required to 
provide consistent management and conservation of fishery resources 
based on the best available scientific information. This is 
particularly pertinent for those species that have lower 2020 ABCs and 
TACs than those established in the 2019 and 2020 harvest specifications 
(84 FR 9000, March 13, 2019). If implemented immediately, this rule 
would ensure that NMFS can properly manage those fisheries for which 
this rule sets lower 2020 ABCs and TACs, which are based on the most 
recent biological information on the condition of stocks, rather than 
managing species under the higher TACs set in the previous year's 
harvest specifications.
    Certain fisheries, such as those for pollock and Pacific cod, are 
intensive, fast-paced fisheries. Other fisheries, such as those for 
flatfish, rockfish, skates, sharks, and octopuses, are critical as 
directed fisheries and as incidental catch in other fisheries. U.S. 
fishing vessels have demonstrated the capacity to catch the TAC 
allocations in these fisheries. Any delay in allocating the final TAC 
limits in these fisheries would cause confusion in the industry and 
potential economic harm through unnecessary discards, thus undermining 
the intent of this rule. Predicting which fisheries may close is 
difficult because these fisheries are affected by several factors that 
cannot be predicted in advance, including fishing effort, weather, 
movement of fishery stocks, and market price. Furthermore, the closure 
of one fishery has a cascading effect on other fisheries, for example 
by freeing up fishing vessels, which would allow those vessels to move 
from closed fisheries to open ones and lead to an increase in the 
fishing capacity in those open fisheries, thereby causing those open 
fisheries to close at an accelerated pace.
    Additionally, in fisheries subject to declining sideboard limits, 
delaying this rule's effectiveness could allow some vessels to 
inadvertently reach or exceed their new sideboard limits. Because 
sideboard limits are intended to protect traditional fisheries in other 
sectors, allowing one sector to exceed its new sideboard limits by 
delaying this rule's effectiveness would effectively reduce the 
available catch for sectors that the sideboard limits are meant to 
protect. Moreover, the new TACs and sideboard limits protect the 
fisheries from being overfished. Thus, the delay is contrary to the 
public interest in protecting traditional fisheries and fish stocks.
    If the final harvest specifications are not effective by March 14, 
2020, which is the start of the 2020 Pacific halibut season as 
specified by the IPHC, the fixed gear sablefish fishery will not begin 
concurrently with the Pacific halibut IFQ season. Delayed effectiveness 
of this action would result in confusion for sablefish harvesters and 
economic harm from unnecessary discard of sablefish that are caught 
along with Pacific halibut, as both fixed gear sablefish and Pacific 
halibut are managed under the same IFQ program. Immediate effectiveness 
of the final 2020 and 2021 harvest specifications will allow the 
sablefish IFQ fishery to begin concurrently with the Pacific halibut 
IFQ season.

[[Page 13576]]

    Finally, immediate effectiveness also would provide the fishing 
industry the earliest possible opportunity to plan and conduct its 
fishing operations with respect to new information about TAC limits. 
Therefore, NMFS finds good cause to waive the 30-day delay in the date 
of effectiveness under 5 U.S.C. 553(d)(3).

Small Entity Compliance Guide

    This final rule is a plain language guide to assist small entities 
in complying with this final rule as required by the Small Business 
Regulatory Enforcement Fairness Act of 1996. This final rule's primary 
purpose is to announce the final 2020 and 2021 harvest specifications 
and prohibited species bycatch allowances for the groundfish fisheries 
of the BSAI. This action is necessary to establish harvest limits and 
associated management measures for groundfish during the 2020 and 2021 
fishing years and to accomplish the goals and objectives of the FMP. 
This action directly affects all fishermen who participate in the BSAI 
fisheries. The specific amounts of OFL, ABC, TAC, and PSC amounts are 
provided in tables to assist the reader. NMFS will announce closures of 
directed fishing in the Federal Register and information bulletins 
released by the Alaska Region. Affected fishermen should keep 
themselves informed of such closures.

    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: February 27, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2020-04475 Filed 3-6-20; 8:45 am]
 BILLING CODE 3510-22-P