[Federal Register Volume 87, Number 41 (Wednesday, March 2, 2022)]
[Rules and Regulations]
[Pages 11626-11649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04292]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 220223-0054]
RIN 0648-XY119


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands; Final 2022 and 2023 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 2022 and 2023 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 2022 and the start of the 2023 
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 2022 harvest specifications supersede those 
previously set in the final 2021 and 2022 harvest specifications, and 
the 2023 harvest specifications will be superseded in early 2023 when 
the final 2023 and 2024 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 2, 2022, through 2400 hours, 
A.l.t., December 31, 2023.

ADDRESSES: Electronic copies of the Alaska Groundfish Harvest 
Specifications Final Environmental Impact Statement (EIS), Record of 
Decision (ROD), and the annual Supplementary Information Reports (SIRs) 
to the Final EIS prepared for this action are available from https://www.fisheries.noaa.gov/region/alaska. The 2021 Stock Assessment and 
Fishery Evaluation (SAFE) report for the groundfish resources of the 
BSAI, dated November 2021, as well as the SAFE reports for previous 
years, are available from the North Pacific Fishery Management Council 
(Council) at 1007 West Third Ave., Suite 400, Anchorage, AK 99501, 
phone 907-271-2809, or from the Council's website at 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 sum of the TAC at 
1,871,000 mt for 2022 and 2.0 million mt for 2023. 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 any Amendment 80 
cooperatives 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, after consultation 
with the Council, publish final harvest specifications in

[[Page 11627]]

the Federal Register. The proposed 2022 and 2023 harvest specifications 
for the groundfish fishery of the BSAI were published in the Federal 
Register on December 3, 2021 (86 FR 68608). Comments were invited and 
accepted through January 3, 2022. As discussed in the Response to 
Comments section below, NMFS received no comments during the public 
comment period for the proposed BSAI groundfish harvest specifications.
    NMFS consulted with the Council on the final 2022 and 2023 harvest 
specifications during the December 2021 Council meeting. After 
considering public comments during public meetings, as well as 
biological and socioeconomic data that were available at the Council's 
December meeting, NMFS implements in this final rule the final 2022 and 
2023 harvest specifications as recommended by the Council.

ABC and TAC Harvest Specifications

    The final ABC amounts for Alaska groundfish are based on the best 
available biological information, including projected biomass trends, 
information on assumed distribution of stock biomass, and revised 
technical methods used to calculate stock biomass. In general, the 
development of ABCs and overfishing levels (OFLs) involves 
sophisticated statistical analyses of fish populations. The FMP 
specifies a series of six tiers to define OFL and ABC amounts based on 
the level of reliable information available to fishery scientists. Tier 
1 represents the highest level of information quality available, while 
Tier 6 represents the lowest.
    In December 2021, 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 2021 SAFE report for the 
BSAI groundfish fisheries, dated November 2021 (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 2021 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 2021 Plan Team meeting.
    In December 2021, the SSC, AP, and Council reviewed the Plan Team's 
recommendations. The final TAC recommendations were based on the ABCs, 
and were adjusted for other biological and socioeconomic 
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 2022 or 2023 TACs exceed the 
final 2022 or 2023 ABCs for any species or species group. NMFS finds 
that the Council's recommended OFLs, ABCs, and TACs are consistent with 
the preferred harvest strategy outlined in the FMP and the biological 
condition of groundfish stocks as described in the 2021 SAFE report 
that was approved by the Council. Therefore, this final rule provides 
notice that the Secretary of Commerce approves the final 2022 and 2023 
harvest specifications as recommended by the Council.
    The 2022 harvest specifications set in this final action supersede 
the 2022 harvest specifications previously set in the final 2021 and 
2022 harvest specifications (86 FR 11449, February 25, 2021). The 2023 
harvest specifications herein will be superseded in early 2023 when the 
final 2023 and 2024 harvest specifications are published. Pursuant to 
this final action, the 2022 harvest specifications therefore will apply 
for the remainder of the current year (2022), while the 2023 harvest 
specifications are projected only for the following year (2023) and 
will be superseded in early 2023 by the final 2023 and 2024 harvest 
specifications. Because this final action (published in early 2022) 
will be superseded in early 2023 by the publication of the final 2023 
and 2024 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 2022 and 2023 Harvest Specifications

State of Alaska Guideline Harvest Levels

    For 2022 and 2023, 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 11 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 2022 BS GHL is not harvested by 
November 15, 2022, then the 2023 BS GHL will remain at the same 
percentage as the 2022 BS GHL (11 percent). If 90 percent of the 2022 
BS GHL is harvested by November 15, 2022, then the 2023 BS GHL will 
increase by one percent and the 2023 BS TAC will be set to account for 
the increased BS GHL. Also, for 2021 and 2022, 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 2022 and 2023 Pacific cod TACs in the BS account for 
the State's GHLs for Pacific cod caught in State waters in the BS.
    For 2022 and 2023, the BOF for the State established the GHL in 
State waters in the Aleutian Islands subarea (AI) equal to 39 percent 
of the AI ABC. The AI GHL will increase annually by 4 percent of the AI 
ABC, if 90 percent of the GHL is harvested by November 15 of the 
preceding year, but may not exceed 39 percent of the AI ABC or 15 
million pounds (6,804 mt). For 2022, 39 percent of the AI ABC is 8,034 
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 2022 and 2023 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.

Abundance Based Management (ABM) of Amendment 80 Program Halibut PSC 
Limit

    At the December 2021 meeting, the Council recommended that the ABM 
Program that would determine the annual Amendment 80 halibut PSC limit 
be based on the most recent survey values and the PSC limit value 
associated with those survey values. Under this ABM Program, the 
Amendment 80 halibut PSC limit would increase and decrease according to 
the survey indices of abundance, and would be responsive to changing 
halibut stock conditions that affect all halibut users, while never 
exceeding the current Amendment 80 PSC limit. If approved by the 
Secretary of Commerce, the

[[Page 11628]]

rulemaking implementing this action would occur in either 2023 (mid-
year) or the beginning of the 2024 fishing year and supersede the 
current Amendment 80 halibut PSC limits.

Changes From the Proposed 2022 and 2023 Harvest Specifications for the 
BSAI

    The Council's recommendations for the proposed 2022 and 2023 
harvest specifications (86 FR 68608, December 3, 2021) were based 
largely on information contained in the 2020 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 2021 SAFE 
report; recommendations from the Plan Team, SSC, and AP; and public 
comments when making its recommendations for final harvest 
specifications at the December 2021 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 2021 SAFE report indicates biomass 
changes from the 2020 SAFE report for several groundfish species. The 
2021 SAFE report was made available for public review during the public 
comment period for the proposed harvest specifications. At the December 
2021 Council meeting, the SSC recommended the 2022 and 2023 OFLs and 
ABCs based on the best and most recent information contained in the 
2021 SAFE report. The SSC's recommendation resulted in an ABC sum total 
for all BSAI groundfish species in excess of 2.0 million mt for both 
2022 and 2023.
    Based on lower spawning biomass estimates, the Council recommends 
final BS pollock TACs decrease by 289,000 mt in 2022 and 111,000 mt in 
2023 compared to the proposed 2022 and 2023 BS pollock TACs. The large 
reduction in pollock TAC leads to more available TAC for other 
fisheries while still maintaining an overall total TAC within the 
required OY range of 1.4 to 2.0 million mt. This leads to an increase 
to almost all non-pollock TACs in 2022 and 2023, except for TACs for 
those species restricted by biomass limitations. Specifically, there 
were no other decreases in non-pollock TACs in 2022. In 2023, there 
were small decreases in terms of tonnage and percentage decrease from 
proposed TACs for Bering Sea (BS) Greenland turbot, Aleutian Islands 
(AI) Greenland turbot, BS Pacific ocean perch, Central Aleutian Islands 
(CAI) Pacific ocean perch, and Eastern Aleutian Islands (EAI) Pacific 
ocean perch.
    The changes to TACs between the proposed and final harvest 
specifications are based on the most recent scientific and 
socioeconomic information and are consistent with the FMP, regulatory 
obligations, and harvest strategy as described in the proposed and 
final harvest specifications, including the required OY range of 1.4 
million to 2.0 million mt. These changes are compared in Table 1A.
    Table 1 lists the Council's recommended final 2022 OFL, ABC, TAC, 
initial TAC (ITAC), CDQ reserve allocations, and non-specified reserves 
of the BSAI groundfish species or species groups; and Table 2 lists the 
Council's recommended final 2023 OFL, ABC, TAC, ITAC, CDQ reserve 
allocations, and non-specified reserves of the BSAI groundfish species 
or species groups. NMFS concurs in these recommendations. These final 
2022 and 2023 TAC amounts for the BSAI are within the OY range 
established for the BSAI and do not exceed the ABC for any species or 
species group. The apportionment of TAC amounts among fisheries and 
seasons is discussed below.

Table 1--Final 2022 Overfishing Level (OFL), Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), CDQ Reserve Allocation,
                                                 and Nonspecified Reserves of Groundfish in the BSAI \1\
                                                              [Amounts are in metric tons]
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                                                                                                       2022
                                                         -----------------------------------------------------------------------------------------------
             Species                       Area                                                                                            Nonspecified
                                                                OFL             ABC             TAC          ITAC \2\         CDQ \3\        reserves
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Pollock \4\.....................  BS....................       1,469,000       1,111,000       1,111,000         999,900         111,100  ..............
                                  AI....................          61,264          50,752          19,000          17,100           1,900  ..............
                                  Bogoslof..............         113,479          85,109             250             250  ..............  ..............
Pacific cod \5\.................  BS....................         183,012         153,383         136,466         121,864          14,602  ..............
                                  AI....................          27,400          20,600          13,796          12,320           1,476  ..............
Sablefish \6\...................  Alaska-wide...........          40,432          34,521             n/a             n/a             n/a  ..............
                                  BS....................             n/a           5,264           5,264           4,343             724             197
                                  AI....................             n/a           6,463           6,463           5,251           1,091             121
Yellowfin sole..................  BSAI..................         377,071         354,014         250,000         223,250          26,750  ..............
Greenland turbot................  BSAI..................           7,687           6,572           6,572           5,586             n/a  ..............
                                  BS....................             n/a           5,540           5,540           4,709             593             238
                                  AI....................             n/a           1,032           1,032             877  ..............             155
Arrowtooth flounder.............  BSAI..................          94,445          80,389          20,000          17,000           2,140             860
Kamchatka flounder..............  BSAI..................          10,903           9,214           9,214           7,832  ..............           1,382
Rock sole \7\...................  BSAI..................         214,084         206,896          66,000          58,938           7,062  ..............
Flathead sole \8\...............  BSAI..................          77,967          64,288          35,500          31,702           3,799  ..............
Alaska plaice...................  BSAI..................          39,305          32,697          29,221          24,838  ..............           4,383
Other flatfish \9\..............  BSAI..................          22,919          17,189          10,000           8,500  ..............           1,500
Pacific ocean perch.............  BSAI..................          42,605          35,688          35,385          31,154             n/a  ..............
                                  BS....................             n/a          10,352          10,352           8,799  ..............           1,553
                                  EAI...................             n/a           8,083           8,083           7,218             865  ..............
                                  CAI...................             n/a           5,950           5,950           5,313             637  ..............
                                  WAI...................             n/a          11,303          11,000           9,823           1,177  ..............
Northern rockfish...............  BSAI..................          23,420          19,217          17,000          14,450  ..............           2,550
Blackspotted/Rougheye rockfish    BSAI..................             598             503             503             428  ..............              75
 \10\.
                                  BS/EAI................             n/a             326             326             277  ..............              49
                                  CAI/WAI...............             n/a             177             177             150  ..............              27

[[Page 11629]]

 
Shortraker rockfish.............  BSAI..................             722             541             541             460  ..............              81
Other rockfish \11\.............  BSAI..................           1,751           1,313           1,144             972  ..............             172
                                  BS....................             n/a             919             750             638  ..............             113
                                  AI....................             n/a             394             394             335  ..............              59
Atka mackerel...................  BSAI..................          91,870          78,510          66,481          59,368           7,113  ..............
                                  BS/EAI................             n/a          27,260          27,260          24,343           2,917  ..............
                                  CAI...................             n/a          16,880          16,880          15,074           1,806  ..............
                                  WAI...................             n/a          34,370          22,341          19,951           2,390  ..............
Skates..........................  BSAI..................          47,790          39,958          30,000          25,500  ..............           4,500
Sharks..........................  BSAI..................             689             517             500             425  ..............              75
Octopuses.......................  BSAI..................           4,769           3,576             700             595  ..............             105
                                                         -----------------------------------------------------------------------------------------------
    Total.......................  ......................       2,953,182       2,383,653       1,871,000       1,672,024         181,028          17,948
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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, Kamchatka flounder, northern rockfish, shortraker rockfish, blackspotted/
  rougheye rockfish, ``other rockfish,'' skates, sharks, and octopuses are not allocated to the CDQ program.
\4\ Under Sec.   679.20(a)(5)(i)(A), the annual BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second
  for the incidental catch allowance (4.95 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 (2,500 mt), is allocated to the Aleut Corporation
  for a pollock directed fishery.
\5\ The BS Pacific cod TAC is set to account for the 11 percent, plus 45 mt, of the BS ABC for the State of Alaska's (State) guideline harvest level in
  State waters of the BS. The AI Pacific cod TAC is set to account for 39 percent of the AI ABC for the State guideline harvest level in State waters of
  the AI, except 39 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 and ABC are Alaska-wide and include 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 melanostictus (blackspotted) and Sebastes aleutianus (rougheye).
\11\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean perch, northern rockfish, blackspotted/
  rougheye rockfish, and shortraker rockfish.
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 2022 and 2023 With Proposed 2022 and 2023 Total Allowable Catch in the BSAI
                                                                                  [Amounts are in metric tons]
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                                                                                                                               2022                                                    2023
                                                                                  2022 final     2022          2022         percentage    2023 final     2023          2023         percentage
                    Species                                  Area \1\                 TAC      proposed     difference      difference        TAC      proposed     difference      difference
                                                                                                  TAC      from proposed   from proposed                  TAC      from proposed   from proposed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock........................................  BS.............................   1,111,000   1,400,000       (289,000)          (20.6)   1,289,000   1,400,000       (111,000)           (7.9)
                                                 AI.............................      19,000      19,000  ..............  ..............      19,000      19,000  ..............  ..............
                                                 Bogoslof.......................         250         100             150           150.0         250         100             150           150.0
Pacific cod....................................  BS.............................     136,466      95,053          41,413            43.6     133,459      95,053          38,406            40.4
                                                 AI.............................      13,796      13,796  ..............  ..............      13,796      13,796  ..............  ..............
Sablefish......................................  BS.............................       5,264       4,863             401             8.2       6,529       4,863           1,666            34.3
                                                 AI.............................       6,463       5,061           1,402            27.7       7,786       5,061           2,725            53.8
Yellowfin sole.................................  BSAI...........................     250,000     200,000          50,000            25.0     230,000     200,000          30,000            15.0
Greenland turbot...............................  BS.............................       5,540       5,125             415             8.1       4,825       5,125           (300)           (5.9)
                                                 AI.............................       1,032         900             132            14.7         899         900             (1)           (0.1)
Arrowtooth flounder............................  BSAI...........................      20,000      15,000           5,000            33.3      20,000      15,000           5,000            33.3
Kamchatka flounder.............................  BSAI...........................       9,214       8,982             232             2.6       9,393       8,982             411             4.6
Rock sole......................................  BSAI...........................      66,000      54,500          11,500            21.1      55,000      54,500             500             0.9
Flathead sole..................................  BSAI...........................      35,500      25,000          10,500            42.0      25,500      25,000             500             2.0
Alaska plaice..................................  BSAI...........................      29,221      22,500           6,721            29.9      29,082      22,500           6,582            29.3
Other flatfish.................................  BSAI...........................      10,000       6,500           3,500            53.8      10,000       6,500           3,500            53.8

[[Page 11630]]

 
Pacific ocean perch............................  BS.............................      10,352      10,298              54             0.5       9,956      10,298           (342)           (3.3)
                                                 EAI............................       8,083       8,041              42             0.5       7,774       8,041           (267)           (3.3)
                                                 CAI............................       5,950       5,919              31             0.5       5,722       5,919           (197)           (3.3)
                                                 WAI............................      11,000      10,500             500             4.8      10,500      10,500  ..............  ..............
Northern rockfish..............................  BSAI...........................      17,000      13,000           4,000            30.8      17,000      13,000           4,000            30.8
Blackspotted and Rougheye rockfish.............  BS/EAI.........................         326         150             176           117.3         334         150             184           122.7
                                                 CAI/WAI........................         177         176               1             0.6         183         176               7             4.0
Shortraker rockfish............................  BSAI...........................         541         225             316           140.4         541         225             316           140.4
Other rockfish.................................  BS.............................         750         300             450           150.0         919         300             619           206.3
                                                 AI.............................         394         394  ..............  ..............         394         394  ..............  ..............
Atka mackerel..................................  EAI/BS.........................      27,260      23,880           3,380            14.2      25,000      23,880           1,120             4.7
                                                 CAI............................      16,880      14,330           2,550            17.8      15,470      14,330           1,140             8.0
                                                 WAI............................      22,341      19,507           2,834            14.5      20,488      19,507             981             5.0
Skates.........................................  BSAI...........................      30,000      16,000          14,000            87.5      30,000      16,000          14,000            87.5
Sharks.........................................  BSAI...........................         500         200             300           150.0         500         200             300           150.0
Octopuses......................................  BSAI...........................         700         700  ..............  ..............         700         700             700  ..............
                                                                                 ---------------------------------------------------------------------------------------------------------------
    Total......................................  BSAI...........................   1,871,000   2,000,000       (129,000)           (6.5)   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 2023 Overfishing Level (OFL), Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), CDQ Reserve Allocation,
                                                 and Nonspecified Reserves of Groundfish in the BSAI \1\
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                       2023
                                                         -----------------------------------------------------------------------------------------------
             Species                       Area                                                                                            Nonspecified
                                                                OFL             ABC             TAC          ITAC \2\         CDQ \3\        reserves
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock \4\.....................  BS....................       1,704,000       1,289,000       1,289,000       1,160,100         128,900  ..............
                                  AI....................          61,379          50,825          19,000          17,100           1,900  ..............
                                  Bogoslof..............         113,479          85,109             250             250  ..............  ..............
Pacific cod \5\.................  BS....................         180,909         151,709         133,459         119,179          14,280  ..............
                                  AI....................          27,400          20,600          13,796          12,320           1,476  ..............
Sablefish \6\...................  Alaska-wide...........          42,520          36,318             n/a             n/a             n/a  ..............
                                  BS....................             n/a           6,529           6,529           2,775             245             245
                                  AI....................             n/a           7,786           7,786           1,655             146             146
Yellowfin sole..................  BSAI..................         382,035         358,675         230,000         205,390          24,610  ..............
Greenland turbot................  BSAI..................           6,698           5,724           5,724           4,865             n/a  ..............
                                  BS....................             n/a           4,825           4,825           4,101             516             207
                                  AI....................             n/a             899             899             764  ..............             135
Arrowtooth flounder.............  BSAI..................          97,944          83,389          20,000          17,000           2,140             860
Kamchatka flounder..............  BSAI..................          11,115           9,393           9,393           7,984  ..............           1,409
Rock sole \7\...................  BSAI..................         280,621         271,199          55,000          49,115           5,885  ..............
Flathead sole \8\...............  BSAI..................          80,034          65,988          25,500          22,772           2,729  ..............
Alaska plaice...................  BSAI..................          39,685          32,998          29,082          24,720  ..............           4,362
Other flatfish \9\..............  BSAI..................          22,919          17,189          10,000           8,500  ..............           1,500
Pacific ocean perch.............  BSAI..................          40,977          34,322          33,952          29,891             n/a  ..............
                                  BS....................             n/a           9,956           9,956           8,463  ..............           1,493
                                  EAI...................             n/a           7,774           7,774           6,942             832  ..............
                                  CAI...................             n/a           5,722           5,722           5,110             612  ..............
                                  WAI...................             n/a          10,870          10,500           9,377           1,124  ..............
Northern rockfish...............  BSAI..................          22,594          18,538          17,000          14,450  ..............           2,550
Blackspotted/Rougheye rockfish    BSAI..................             615             517             517             439  ..............              78
 \10\.
                                  BS/EAI................             n/a             334             334             284  ..............              50
                                  CAI/WAI...............             n/a             183             183             156  ..............              27
Shortraker rockfish.............  BSAI..................             722             541             541             460  ..............              81
Other rockfish \11\.............  BSAI..................           1,751           1,313           1,313           1,116  ..............             197
                                  BS....................             n/a             919             919             781  ..............             138
                                  AI....................             n/a             394             394             335  ..............              59
Atka mackerel...................  BSAI..................          84,440          71,990          60,958          54,435           6,523  ..............
                                  EAI/BS................             n/a          25,000          25,000          22,325           2,675  ..............
                                  CAI...................             n/a          15,470          15,470          13,815           1,655  ..............
                                  WAI...................             n/a          31,520          20,488          18,296           2,192  ..............
Skates..........................  BSAI..................          46,475          38,824          30,000          25,500  ..............           4,500
Sharks..........................  BSAI..................             689             517             500             425  ..............              75

[[Page 11631]]

 
Octopuses.......................  BSAI..................           4,769           3,576             700             595  ..............             105
                                                         -----------------------------------------------------------------------------------------------
    Total.......................  ......................       3,253,770       2,626,251       2,000,000       1,781,036         191,917          17,943
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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 2023 hook-and-line or
  pot gear portion of the sablefish ITAC and CDQ reserve will not be specified until the final 2023 and 2024 harvest specifications. Aleutian Islands
  Greenland turbot, ``other flatfish,'' Alaska plaice, Bering Sea Pacific ocean perch, Kamchatka flounder, northern rockfish, shortraker rockfish,
  blackspotted/rougheye rockfish, ``other rockfish,'' skates, sharks, and octopuses are not allocated to the CDQ program.
\4\ Under Sec.   679.20(a)(5)(i)(A), the annual BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second
  for the incidental catch allowance (4.27 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 (2,500 mt), is allocated to the Aleut Corporation
  for a pollock directed fishery.
\5\ Assuming an increase in the 2023 guideline harvest level based on the actual 2022 harvest, the 2023 BS Pacific cod TAC is set to account for the 12
  percent, plus 45 mt, of the BS ABC for the State of Alaska's (State) guideline harvest level in State waters of the BS. The 2023 AI Pacific cod TAC is
  set to account for 39 percent of the AI ABC for the State guideline harvest level in State waters of the AI, except 39 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 and ABC are Alaska-wide and include 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 melanostictus (blackspotted) and Sebastes aleutianus (rougheye).
\11\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean perch, northern rockfish, blackspotted/
  rougheye rockfish, and shortraker rockfish.
Note: Regulatory areas and districts are defined at Sec.   679.2 (BSAI = Bering Sea and Aleutian Islands management area, BS = Bering Sea subarea, AI =
  Aleutian Islands subarea, EAI = Eastern Aleutian district, CAI = Central Aleutian district, WAI = Western Aleutian district).

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

    Section 679.20(b)(1)(i) requires that NMFS reserve 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 to the fixed-gear sablefish CDQ reserve for each subarea. 
Section 679.20(b)(1)(ii)(D) requires that NMFS allocate 7.5 percent of 
the trawl gear allocations of sablefish in the BS and AI and 10.7 
percent of the BS Greenland turbot and arrowtooth flounder TACs to the 
respective CDQ reserves. Section 679.20(b)(1)(ii)(C) requires that NMFS 
allocate 10.7 percent of the TACs for Atka mackerel, AI Pacific ocean 
perch, yellowfin sole, rock sole, flathead sole, and Pacific cod to the 
respective CDQ reserves. Sections 679.20(a)(5)(i)(A) and 679.31(a) also 
require that 10 percent of the BS pollock TAC be allocated to the 
pollock CDQ directed fishing allowance (DFA). Sections 
679.20(a)(5)(iii)(B)(2)(i) and 679.31(a) require that 10 percent of the 
AI pollock TAC be allocated to the pollock CDQ DFA. The entire Bogoslof 
District pollock TAC is allocated as an ICA pursuant to Sec.  
679.20(a)(5)(ii) because the Bogoslof District is closed to directed 
fishing for pollock by regulation (Sec.  679.22(a)(7)(B)). With the 
exception of the 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 49,500 mt of the BS pollock TAC after subtracting the 10 percent 
CDQ DFA. This allowance is based on NMFS's examination of the pollock 
incidental catch, including the incidental catch by CDQ vessels, in 
target fisheries other than pollock from 2000 through 2021. During this 
22-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 22-year 
average of 3 percent. Pursuant to Sec.  679.20(a)(5)(iii)(B)(2)(i) and 
(ii), NMFS establishes a pollock ICA of 2,500 mt of the AI pollock TAC 
after subtracting the 10 percent CDQ DFA. This allowance is based on 
NMFS's examination of the pollock incidental catch, including the 
incidental catch by CDQ vessels, in target fisheries other than pollock 
from 2003 through 2021. During this 19-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 19-year average of 9 percent.
    After subtracting the 10.7 percent CDQ reserve and pursuant to 
Sec.  679.20(a)(8) and (10), NMFS allocates ICAs of 3,000 mt of 
flathead sole, 6,000 mt of rock sole, 4,000 mt of yellowfin sole, 10 mt 
of WAI Pacific ocean perch, 60 mt of CAI Pacific ocean perch, 100 mt of 
EAI Pacific ocean perch, 20 mt of WAI Atka mackerel, 75 mt of CAI Atka 
mackerel, and 800 mt of EAI and BS

[[Page 11632]]

Atka mackerel. These ICA allowances are based on NMFS's examination of 
the incidental catch in other target fisheries from 2003 through 2021.
    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 certain species listed in Tables 1 and 2 
need to be supplemented from the non-specified reserve because U.S. 
fishing vessels have demonstrated the capacity to catch the full TAC 
allocations. Therefore, in accordance with Sec.  679.20(b), NMFS is 
apportioning the amounts shown in Table 3 from the non-specified 
reserve to increase the ITAC for AI ``other rockfish'' by 15 percent of 
the ``other rockfish'' TAC in 2022 and 2023.

                                 Table 3-Final 2022 and 2023 Apportionment of Non-Specified Reserves to ITAC Categories
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           2022 reserve                                    2023 reserve
                 Species-area or subarea                     2022 ITAC        amount      2022 final TAC     2023 ITAC        amount      2023 final TAC
--------------------------------------------------------------------------------------------------------------------------------------------------------
Other rockfish-Aleutian Islands subarea.................             335              59             394             335              59             394
    Total...............................................             335              59             394             335              59             394
--------------------------------------------------------------------------------------------------------------------------------------------------------

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 4.95 percent in 2022 and 4.27 percent in 2023 for the ICA, as 
follows: 50 percent to the inshore sector, 40 percent to the catcher/
processor (CP) sector, and 10 percent to the mothership sector. In the 
BS, 45 percent of the 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 AI 
directed pollock fishery allocation to the Aleut Corporation is the 
amount of pollock TAC remaining in the AI after subtracting 1,900 mt 
for the CDQ DFA (10 percent) and 2,500 mt for the ICA (Sec.  
679.20(a)(5)(iii)(B)(2)). In the AI, the total A season apportionment 
of the TAC (including the AI directed fishery allocation, the CDQ DFA, 
and the ICA) may 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 2022 and 2023 
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 AI pollock ABC. In Area 542, the A season pollock harvest limit 
is no more than 15 percent of the AI pollock ABC. In Area 541, the A 
season pollock harvest limit is no more than 30 percent of the AI 
pollock ABC.
    Section 679.20(a)(5)(i)(A)(4) also includes several specific 
requirements regarding BS pollock allocations. First, it requires that 
8.5 percent of the pollock allocated to the CP sector be available for 
harvest by AFA catcher vessels (CVs) with CP sector endorsements, 
unless the Regional Administrator receives a cooperative contract that 
allows for the distribution of harvest among AFA CPs and AFA CVs in a 
manner agreed to by all members. Second, AFA CPs not listed in the AFA 
are limited to harvesting not more than 0.5 percent of the pollock 
allocated to the CP sector. Tables 4 and 5 list the 2022 and 2023 
allocations of pollock TAC. Table 20 lists the AFA CP prohibited 
species sideboard limits, and Tables 21 and 22 list the AFA CV 
groundfish and prohibited species sideboard limits. The tables for the 
pollock allocations to the BS inshore pollock cooperatives and open 
access sector will be posted on the Alaska Region website at 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.

    Table 4--Final 2022 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ Directed
                                          Fishing Allowances (DFA) \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                        2022  A season \1\        2022 B  season
                                                       2022      --------------------------------       \1\
                 Area and sector                    Allocations                     SCA harvest  ---------------
                                                                   A season  DFA     limit \2\     B season  DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\......................       1,111,000             n/a             n/a             n/a
CDQ DFA.........................................         111,100          49,995          31,108          61,105
ICA \1\.........................................          49,500             n/a             n/a             n/a
Total Bering Sea non-CDQ DFA....................         950,400         427,680         266,112         522,720
AFA Inshore.....................................         475,200         213,840         133,056         261,360
AFA Catcher/Processors \3\......................         380,160         171,072         106,445         209,088
    Catch by CPs................................         347,846         156,531             n/a         191,316
    Catch by CVs \3\............................          32,314          14,541             n/a          17,772
    Unlisted CP Limit \4\.......................           1,901             855             n/a           1,045
AFA Motherships.................................          95,040          42,768          26,611          52,272
Excessive Harvesting Limit \5\..................         166,320             n/a             n/a             n/a

[[Page 11633]]

 
Excessive Processing Limit \6\..................         285,120             n/a             n/a             n/a
Aleutian Islands subarea ABC....................          50,752             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.............................................           2,500           1,250             n/a           1,250
Aleut Corporation...............................          14,600          14,600             n/a  ..............
Area harvest limit \7\..........................             n/a             n/a             n/a             n/a
    541.........................................          15,226             n/a             n/a             n/a
    542.........................................           7,613             n/a             n/a             n/a
    543.........................................           2,538             n/a             n/a             n/a
Bogoslof District ICA \8\.......................             250             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 (4.95 percent), is allocated as a DFA as follows: Inshore sector--50 percent, catcher/
  processor sector (CP)--40 percent, and mothership sector--10 percent. In the Bering Sea subarea, 45 percent of
  the 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 Aleutian Islands
  subarea pollock TAC, after subtracting first for the CDQ DFA (10 percent) and second for the ICA (2,500 mt),
  is allocated to the Aleut Corporation for a pollock directed fishery. In the Aleutian Islands subarea, the A
  season is allocated up to 40 percent of the Aleutian Islands pollock ABC.
\2\ In the Bering Sea subarea, pursuant to Sec.   679.20(a)(5)(i)(C), no more than 28 percent of each sector's
  annual DFA may be taken from the SCA before noon, April 1.
\3\ Pursuant to Sec.   679.20(a)(5)(i)(A)(4), 8.5 percent of the DFA allocated to listed CPs shall be available
  for harvest only by eligible catcher vessels with a CP endorsement delivering to listed CPs, unless there is a
  CP sector cooperative for the year.
\4\ Pursuant to Sec.   679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting
  not more than 0.5 percent of the catcher/processor sector's allocation of pollock.
\5\ Pursuant to Sec.   679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
  percent of the sum of the non-CDQ pollock DFAs.
\6\ Pursuant to Sec.   679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0
  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.


    Table 5--Final 2023 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ Directed
                                          Fishing Allowances (DFA) \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                        2023  A season \1\        2023 B  season
                                                       2023      --------------------------------       \1\
                 Area and sector                    Allocations                     SCA harvest  ---------------
                                                                   A season  DFA     limit \2\     B season  DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\......................       1,289,000             n/a             n/a             n/a
CDQ DFA.........................................         128,900          58,005          36,092          70,895
ICA \1\.........................................          49,500             n/a             n/a             n/a
Total Bering Sea non-CDQ DFA....................       1,110,600         499,770         310,968         610,830
AFA Inshore.....................................         555,300         249,885         155,484         305,415
AFA Catcher/Processors \3\......................         444,240         199,908         124,387         244,332
    Catch by CPs................................         406,480         182,916             n/a         223,564
    Catch by CVs \3\............................          37,760          16,992             n/a          20,768
    Unlisted CP Limit \4\.......................           2,221           1,000             n/a           1,222
AFA Motherships.................................         111,060          49,977          31,097          61,083
Excessive Harvesting Limit \5\..................         194,355             n/a             n/a             n/a
Excessive Processing Limit \6\..................         333,180             n/a             n/a             n/a
Aleutian Islands subarea ABC....................          50,825             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.............................................           2,500           1,250             n/a           1,250
Aleut Corporation...............................          14,600          14,600             n/a  ..............
Area harvest limit \7\..........................             n/a             n/a             n/a             n/a
    541.........................................          15,248             n/a             n/a             n/a
    542.........................................           7,624             n/a             n/a             n/a
    543.........................................           2,541             n/a             n/a             n/a

[[Page 11634]]

 
Bogoslof District ICA \8\.......................             250             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 (4.27 percent), is allocated as a DFA as follows: Inshore sector--50 percent, catcher/
  processor sector (CP)--40 percent, and mothership sector--10 percent. In the Bering Sea subarea, 45 percent of
  the 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 Aleutian Islands
  subarea pollock TAC, after subtracting first for the CDQ DFA (10 percent) and second for the ICA (2,500 mt),
  is allocated to the Aleut Corporation for a pollock directed fishery. In the Aleutian Islands subarea, the A
  season is allocated up to 40 percent of the Aleutian Islands pollock ABC.
\2\ In the Bering Sea subarea, pursuant to Sec.   679.20(a)(5)(i)(C), no more than 28 percent of each sector's
  annual DFA may be taken from the SCA before noon, April 1.
\3\ Pursuant to Sec.   679.20(a)(5)(i)(A)(4), 8.5 percent of the DFA allocated to listed CPs shall be available
  for harvest only by eligible catcher vessels with a CP endorsement delivering to listed CPs, unless there is a
  CP sector cooperative for the year.
\4\ Pursuant to Sec.   679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting
  not more than 0.5 percent of the catcher/processor sector's allocation of pollock.
\5\ Pursuant to Sec.   679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
  percent of the sum of the non-CDQ pollock DFAs.
\6\ Pursuant to Sec.   679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0
  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 TAC may be allocated 
to vessels using jig gear. The percent of this allocation is 
recommended annually by the Council based on several criteria, 
including, among other criteria, the anticipated harvest capacity of 
the jig gear fleet. The Council recommended, and NMFS approves, a 0.5 
percent allocation of the Atka mackerel ITAC in the EAI and BS to the 
jig gear sector in 2022 and 2023.
    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.
    Sections 679.20(a)(8)(ii)(C)(1)(i) and (ii) limits Atka mackerel 
catch within waters 0 nmi to 20 nmi of Steller sea lion sites listed in 
Table 6 to 50 CFR part 679 and located west of 178[deg] W longitude to 
no more than 60 percent of the annual TACs in Areas 542 and 543, and 
equally divides the annual TACs between the A and B seasons as defined 
at Sec.  679.23(e)(3). Section 679.20(a)(8)(ii)(C)(2) requires that the 
annual TAC in Area 543 will be no more than 65 percent of the ABC in 
Area 543. Section 679.20(a)(8)(ii)(D) requires that any unharvested 
Atka mackerel A season allowance that is added to the B season be 
prohibited from being harvested within waters 0 nmi to 20 nmi of 
Steller sea lion sites listed in Table 6 to 50 CFR part 679 and located 
in Areas 541, 542, and 543.
    Tables 6 and 7 list these 2022 and 2023 Atka mackerel seasonal and 
area allowances, and the sector allocations. One Amendment 80 
cooperative has formed for the 2022 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 2022. The 
2023 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, 2022.

 TABLE 6--Final 2022 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch Allowance, and
                             Amendment 80 Allocations of the BSAI ATKA Mackerel TAC
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                         2022 allocation by area
                                                        --------------------------------------------------------
            Sector \1\                 Season 2 3 4       Eastern Aleutian
                                                          District/Bering    Central Aleutian   Western Aleutian
                                                                Sea            District \5\         District
----------------------------------------------------------------------------------------------------------------
TAC..............................  n/a.................             27,260             16,880             22,341
CDQ reserve......................  Total...............              2,917              1,806              2,390
                                   A...................              1,458                903              1,195
                                   Critical Habitat....                n/a                542                717

[[Page 11635]]

 
                                   B...................              1,458                903              1,195
                                   Critical Habitat....                n/a                542                717
Non-CDQ TAC......................  n/a.................             24,343             15,074             19,951
ICA..............................  Total...............                800                 75                 20
Jig \6\..........................  Total...............                118  .................  .................
BSAI trawl limited access........  Total...............              2,343              1,500  .................
                                   A...................              1,171                750  .................
                                   Critical Habitat....                n/a                450  .................
                                   B...................              1,171                750  .................
                                   Critical Habitat....                n/a                450  .................
Amendment 80 sector..............  Total...............             21,083             13,499             19,931
                                   A...................             10,541              6,749              9,965
                                   Critical Habitat....                n/a              4,050              5,979
                                   B...................             10,541              6,749              9,965
                                   Critical Habitat....                n/a              4,050              5,979
----------------------------------------------------------------------------------------------------------------
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and jig
  gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for
  Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50 CFR
  part 679 and Sec.   679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec.
  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 Islands District and
  the Bering Sea subarea TAC be allocated to jig gear after subtracting the CDQ reserve and the ICA. NMFS sets
  the amount of this allocation for 2022 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 2023 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]
----------------------------------------------------------------------------------------------------------------
                                                                         2023 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.................             25,000             15,470             20,488
CDQ reserve......................  Total...............              2,675              1,655              2,192
                                   A...................              1,338                828              1,096
                                   Critical Habitat....                n/a                497                658
                                   B...................              1,338                828              1,096
                                   Critical Habitat....                n/a                497                658
non-CDQ TAC......................  n/a.................             22,325             13,815             18,296
ICA..............................  Total...............                800                 75                 20
Jig \7\..........................  Total...............                108  .................  .................
BSAI trawl limited access........  Total...............              2,142              1,374  .................
                                   A...................              1,071                687  .................
                                   Critical Habitat....                n/a                412  .................
                                   B...................              1,071                687  .................
                                   Critical Habitat....                n/a                412  .................
Amendment 80 sectors \7\.........  Total...............             19,276             12,366             18,276
                                   A...................              9,638              6,183              9,138
                                   Critical Habitat....                n/a              3,710              5,483
                                   B...................              9,638              6,183              9,138
                                   Critical Habitat....                n/a              3,710              5,483
----------------------------------------------------------------------------------------------------------------
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and jig
  gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for
  Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50 CFR
  part 679 and Sec.   679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec.
  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.

[[Page 11636]]

 
\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) requires that up to 2 percent of the Eastern Aleutian Islands District
  and the Bering Sea subarea TAC be allocated to jig gear after subtracting the CDQ reserve and the ICA. NMFS
  sets the amount of this allocation for 2023 at 0.5 percent. The jig gear allocation is not apportioned by
  season.
\7\ The 2023 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,
  2022.
Note: Seasonal or sector apportionments may not total precisely due to rounding.

Allocation of the Pacific Cod TAC

    The Council separated BSAI subarea OFLs, ABCs, and TACs for Pacific 
cod in 2014 (79 FR 12108, March 4, 2014). Section 679.20(b)(1)(ii)(C) 
allocates 10.7 percent of the BS TAC and the AI TAC to the CDQ program. 
After CDQ allocations have been deducted from the respective BS and AI 
Pacific cod TACs, the remaining BSAI Pacific cod TACs are combined for 
calculating further BSAI Pacific cod sector allocations. If the non-CDQ 
Pacific cod TAC is or will be reached in either the BS or the AI 
subareas, NMFS will prohibit non-CDQ directed fishing for Pacific cod 
in that subarea as provided in Sec.  679.20(d)(1)(iii).
    Sections 679.20(a)(7)(i) and (ii) allocate to the non-CDQ sectors 
the Pacific cod TAC in the combined BSAI, after subtracting 10.7 
percent for the CDQ program, as follows: 1.4 percent to vessels using 
jig gear; 2.0 percent to hook-and-line or pot CVs less than 60 ft (18.3 
m) length overall (LOA); 0.2 percent to hook-and-line CVs greater than 
or equal to 60 ft (18.3 m) LOA; 48.7 percent to hook-and-line CPs; 8.4 
percent to pot CVs greater than or equal to 60 ft (18.3 m) LOA; 1.5 
percent to pot CPs; 2.3 percent to AFA trawl CPs; 13.4 percent to 
Amendment 80 sector; and 22.1 percent to trawl CVs. The ICA for the 
hook-and-line and pot sectors will be deducted from the aggregate 
portion of Pacific cod TAC allocated to the hook-and-line and pot 
sectors. For 2022 and 2023, 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 2022 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 
2022. The 2023 allocations for Pacific cod between Amendment 80 
cooperatives and the Amendment 80 limited access sector will not be 
known until eligible participants apply for participation in the 
program by November 1, 2022.
    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 Pacific cod seasonal allowance for any sector, 
except the jig sector, will become available at the beginning of that 
sector's next seasonal allowance.
    Section 679.20(a)(7)(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 2021 stock assessment, the Regional Administrator 
determined for 2022 and 2023 the estimated amount of Pacific cod 
abundance in Area 543 is 15.7 percent of the total AI abundance. To 
calculate the Area 543 Pacific cod harvest limit, NMFS first subtracts 
the State GHL Pacific cod amount from the AI Pacific cod ABC. Then NMFS 
determines the harvest limit in Area 543 by multiplying the percentage 
of Pacific cod estimated in Area 543 (15.7 percent) by the remaining 
ABC for AI Pacific cod. Based on these calculations, the Area 543 
harvest limit is 2,166 mt for 2022 and 2023.
    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, as well as the non-CDQ sector allocations, based on the final 
2022 and 2023 Pacific cod TACs.

           Table 8--Final 2022 Sector Allocations and Seasonal Allowances of the BSAI Pacific Cod TAC
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                   2022 seasonal apportionment
            Sector                  Percent      2022 share of   2022 share of ---------------------------------
                                                     total       sector total        Season           Amount
----------------------------------------------------------------------------------------------------------------
BS TAC........................             n/a         136,466             n/a  n/a.............             n/a
BS CDQ........................             n/a          14,602             n/a  see Sec.                     n/a
                                                                                 679.20(a)(7)(i)
                                                                                 (B).
BS non-CDQ TAC................             n/a         121,864             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         134,184             n/a  n/a.............             n/a
Total hook-and-line/pot gear..            60.8          81,584             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          81,184             n/a  n/a.............             n/a
Hook-and-line catcher/                    48.7             n/a          65,027  Jan 1-Jun 10....          33,164
 processor.                                                                     Jun 10-Dec 31...          31,863
Hook-and-line catcher vessel               0.2             n/a             267  Jan 1-Jun 10....             136
 >=60 ft LOA.                                                                   Jun 10-Dec 31...             131

[[Page 11637]]

 
Pot catcher/processor.........             1.5             n/a           2,003  Jan 1-Jun 10....           1,021
                                                                                Sept 1-Dec 31...             981
Pot catcher vessel >=60 ft LOA             8.4             n/a          11,216  Jan 1-Jun 10....           5,720
                                                                                Sept 1-Dec 31...           5,496
Catcher vessel <60 ft LOA                  2.0             n/a           2,671  n/a.............             n/a
 using hook-and-line or pot
 gear.
Trawl catcher vessel..........            22.1          29,655             n/a  Jan 20-Apr 1....          21,944
                                                                                Apr 1-Jun 10....           3,262
                                                                                Jun 10-Nov 1....           4,448
AFA trawl catcher/processor...             2.3           3,086             n/a  Jan 20-Apr 1....           2,315
                                                                                Apr 1-Jun 10....             772
                                                                                Jun 10-Nov 1....  ..............
Amendment 80..................            13.4          17,981             n/a  Jan 20-Apr 1....          13,485
                                                                                Apr 1-Jun 10....           4,495
                                                                                Jun 10-Dec 31...  ..............
Jig...........................             1.4           1,879             n/a  Jan 1-Apr 30....           1,127
                                                                                Apr 30-Aug 31...             376
                                                                                Aug 31-Dec 31...             376
----------------------------------------------------------------------------------------------------------------
\1\ The sector allocations and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and
  AI Pacific cod TACs, after the subtraction of the reserves for the CDQ program. If the TAC for Pacific cod in
  either the AI or BS is or will be reached, then directed fishing for non-CDQ Pacific cod in that subarea will
  be prohibited, even if a BSAI allowance remains (Sec.   679.20(d)(1)(iii)).
\2\ The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC
  allocated to the hook-and-line and pot sectors. The Regional Administrator approves an ICA of 400 mt for 2022
  based on anticipated incidental catch by these sectors in other fisheries.
Note: Seasonal or sector apportionments may not total precisely due to rounding.


           Table 9--Final 2023 Sector Allocations and Seasonal Allowances of the BSAI Pacific Cod TAC
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                   2023 seasonal apportionment
            Sector                  Percent       2023 share     2023 share of ---------------------------------
                                                     total       sector total        Season           Amount
----------------------------------------------------------------------------------------------------------------
BS TAC........................             n/a         133,459             n/a  n/a.............             n/a
BS CDQ........................             n/a          14,280             n/a  see Sec.                     n/a
                                                                                 679.20(a)(7)(i)
                                                                                 (B).
BS non-CDQ TAC................             n/a         119,179             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         131,499             n/a  n/a.............             n/a
Total hook-and-line/pot gear..            60.8          79,951             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          79,551             n/a  n/a.............             n/a
Hook-and-line catcher/                    48.7             n/a          63,719  Jan 1-Jun 10....          32,497
 processor.                                                                     Jun 10-Dec 31...          31,223
Hook-and-line catcher vessel               0.2             n/a             262  Jan 1-Jun 10....             133
 >=60 ft LOA.                                                                   Jun 10-Dec 31...             128
Pot catcher/processor.........             1.5             n/a           1,963  Jan 1-Jun 10....           1,001
                                                                                Sept 1-Dec 31...             962
Pot catcher vessel >=60 ft LOA             8.4             n/a          10,991  Jan 1-Jun 10....           5,605
                                                                                Sept 1-Dec 31...           5,385
Catcher vessel <60 ft LOA                  2.0             n/a           2,617  n/a.............             n/a
 using hook-and-line or pot
 gear.
Trawl catcher vessel..........            22.1          29,061             n/a  Jan 20-Apr 1....          21,505
                                                                                Apr 1-Jun 10....           3,197
                                                                                Jun 10-Nov 1....           4,359
AFA trawl catcher/processor...             2.3           3,024             n/a  Jan 20-Apr 1....           2,268
                                                                                Apr 1-Jun 10....             756
                                                                                Jun 10-Nov 1....  ..............
Amendment 80..................            13.4          17,621             n/a  Jan 20-Apr 1....          13,216
                                                                                Apr 1-Jun 10....           4,405
                                                                                Jun 10-Dec 31...  ..............

[[Page 11638]]

 
Jig...........................             1.4           1,841             n/a  Jan 1-Apr 30....           1,105
                                                                                Apr 30-Aug 31...             368
                                                                                Aug 31-Dec 31...             368
----------------------------------------------------------------------------------------------------------------
\1\ The sector allocations and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and
  AI Pacific cod TACs, after the subtraction of the reserves for the CDQ program. If the TAC for Pacific cod in
  either the AI or BS is or will be reached, then directed fishing for non-CDQ Pacific cod in that subarea will
  be prohibited, even if a BSAI allowance remains (Sec.   679.20(d)(1)(iii)).
\2\ The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC
  allocated to the hook-and-line and pot sectors. The Regional Administrator approves an ICA of 400 mt for 2023
  based on anticipated incidental catch by these sectors in other fisheries.
Note: Seasonal or sector apportionments may not total precisely due to rounding.

Sablefish Gear Allocation

    Sections 679.20(a)(4)(iii) and (iv) require allocation of the 
sablefish TAC for the BS and AI subareas between the trawl gear and 
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 2022 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 2022 and 2023 gear allocations of the 
sablefish TAC and CDQ reserve amounts.

                                    Table 10--Final 2022 and 2023 Gear Shares and CDQ Reserve of BSAI Sablefish TACs
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           2022 Share of                     2022 CDQ      2023 Share of                     2023 CDQ
            Subarea and gear              Percent of TAC        TAC          2022 ITAC        reserve           TAC          2023 ITAC        reserve
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea:
    Trawl \1\...........................              50           2,632           2,237             197           3,265           2,775             245
    Hook-and-line/pot gear \2\..........              50           2,632           2,106             526             n/a             n/a             n/a
                                         ---------------------------------------------------------------------------------------------------------------
        Total...........................             100           5,264           4,343             724           3,265           2,775             245
Aleutian Islands:
    Trawl \1\...........................              25           1,616           1,373             121           1,947           1,655             146
    Hook-and-line/pot gear \2\..........              75           4,847           3,878             969             n/a             n/a             n/a
                                         ---------------------------------------------------------------------------------------------------------------
        Total...........................             100           6,463           5,251           1,091           1,947           1,655             146
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For the sablefish TAC allocated to vessels using trawl gear, 15 percent of TAC is apportioned to the non-specified reserve (Sec.   679.20(b)(1)(i)).
  The ITAC for vessels using trawl gear is the remainder of the TAC after subtracting this reserve. In the BS and AI, 7.5 percent of the trawl gear
  allocation of the TAC is assigned from the non-specified reserve to the CDQ reserve (Sec.   679.20(b)(1)(ii)(D)(1)).
\2\ For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the allocated TAC for the BS and AI is
  reserved for use by CDQ participants (Sec.   679.20(b)(1)(ii)(B)). The ITAC for vessels using hook-and-line or pot gear is the remainder of the TAC
  after subtracting the CDQ reserve for each subarea. The Council recommended that specifications for the hook-and-line or pot gear sablefish IFQ
  fisheries be limited to one year.
Note: Seasonal or sector apportionments may not total precisely due to rounding.

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

    Sections 679.20(a)(10)(i) and (ii) require that NMFS allocate AI 
Pacific ocean perch, and BSAI flathead sole, rock sole, and yellowfin 
sole ITACs between the Amendment 80 sector and the BSAI trawl limited 
access sector, after subtracting 10.7 percent for the CDQ reserves and 
ICAs for the BSAI trawl limited access sector and vessels using non-
trawl gear. The allocations of the ITACs for AI Pacific ocean perch, 
and BSAI flathead sole, rock sole, and yellowfin sole to the Amendment 
80 sector are established in accordance with Tables 33 and 34 to 50 CFR 
part 679 and Sec.  679.91.
    One Amendment 80 cooperative has formed for the 2022 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 2022. The 2023 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

[[Page 11639]]

the program by November 1, 2022. Tables 11 and 12 list the 2022 and 
2023 allocations of the AI Pacific ocean perch, and BSAI flathead sole, 
rock sole, and yellowfin sole TACs.

 Table 11--Final 2022 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAS), and Amendment 80 Allocations of the Aleutian Islands
                                     Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACs
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Pacific ocean perch            Flathead sole    Rock sole    Yellowfin sole
                                                                   -------------------------------------------------------------------------------------
                              Sector                                  Eastern      Central      Western
                                                                      Aleutian     Aleutian     Aleutian         BSAI           BSAI           BSAI
                                                                      District     District     District
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC...............................................................        8,083        5,950       11,000           35,500       66,000          250,000
CDQ...............................................................          865          637        1,177            3,799        7,062           26,750
ICA...............................................................          100           60           10            3,000        6,000            4,000
BSAI trawl limited access.........................................          712          525          196  ...............  ...........           52,642
Amendment 80......................................................        6,406        4,728        9,617           28,702       52,938          166,608
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Sector apportionments may not total precisely due to rounding.


 Table 12--Final 2023 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAS), and Amendment 80 Allocations of the Aleutian Islands
                                     Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACs
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Pacific ocean perch            Flathead sole    Rock sole    Yellowfin sole
                                                                   -------------------------------------------------------------------------------------
                              Sector                                  Eastern      Central      Western
                                                                      Aleutian     Aleutian     Aleutian         BSAI           BSAI           BSAI
                                                                      District     District     District
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC...............................................................        7,774        5,722       10,500           25,500       55,000          230,000
CDQ...............................................................          832          612        1,124            2,729        5,885           24,610
ICA...............................................................          100           60           10            3,000        6,000            4,000
BSAI trawl limited access.........................................          684          505          187  ...............  ...........           45,498
Amendment 80 \1\..................................................        6,158        4,545        9,179           19,772       43,115          155,892
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The 2023 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, 2022.
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 fully harvesting 
their allocations and to improve the likelihood of achieving and 
maintaining, on a continuing basis, the optimum yield in the BSAI 
groundfish fisheries. NMFS, after consultation with the Council, may 
set the ABC reserve at or below the ABC surplus for each species, thus 
maintaining the TAC below ABC limits. An amount equal to 10.7 percent 
of the ABC reserves will be allocated as CDQ ABC reserves for flathead 
sole, rock sole, and yellowfin sole. Section 679.31(b)(4) establishes 
the annual allocations of CDQ ABC reserves among the CDQ groups. The 
Amendment 80 ABC reserves are the ABC reserves minus the CDQ ABC 
reserves. Section 679.91(i)(2) establishes 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 2022 and 2023 ABC surplus and ABC reserves for BSAI flathead 
sole, rock sole, and yellowfin sole.

 Table 13--Final 2022 and 2023 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]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          2022  Flathead    2022  Rock         2022          2023 \1\     2023 \1\  Rock     2023 \1\
                         Sector                                sole            sole       Yellowfin sole   Flathead sole       sole       Yellowfin sole
--------------------------------------------------------------------------------------------------------------------------------------------------------
ABC.....................................................          64,288         206,896         354,014          65,988         271,199         358,675
TAC.....................................................          35,500          66,000         250,000          25,500          55,000         230,000
ABC surplus.............................................          28,788         140,896         104,014          40,488         216,199         128,675
ABC reserve.............................................          28,788         140,896         104,014          40,488         216,199         128,675
CDQ ABC reserve.........................................           3,080          15,076          11,129           4,332          23,133          13,768

[[Page 11640]]

 
Amendment 80 ABC reserve................................          25,708         125,820          92,885          36,156         193,066         114,907
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The 2023 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, 2022.

PSC Limits for Halibut, Salmon, Crab, and Herring

    Section 679.21, at paragraphs (b), (e), (f), and (g), sets forth 
the BSAI PSC limits. Pursuant to Sec.  679.21(b)(1), the annual BSAI 
halibut PSC limits total 3,515 mt. Section 679.21(b)(1) allocates 315 
mt of the halibut PSC limit as the PSQ reserve for use by the 
groundfish CDQ program, 1,745 mt of the halibut PSC limit for the 
Amendment 80 sector, 745 mt of the halibut PSC limit for the BSAI trawl 
limited access sector, and 710 mt of the halibut PSC limit for the BSAI 
non-trawl sector.
    Section 679.21, at (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, at (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 2021 total groundfish catch for the pot gear fishery in the 
BSAI was 35,409 mt, with an associated halibut bycatch mortality of 7 
mt. The 2021 jig gear fishery harvested about 20 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 approved by NMFS, and on whether NMFS determines it is a low 
Chinook salmon abundance year. NMFS will determine that it is a low 
Chinook salmon abundance year when abundance of Chinook salmon in 
western Alaska is less than or equal to 250,000 Chinook salmon. The 
State of Alaska provides to NMFS an estimate of Chinook salmon 
abundance using the 3-System Index for western Alaska based on the 
Kuskokwim, Unalakleet, and Upper Yukon aggregate stock grouping.
    If an AFA sector participates in an approved IPA and has not 
exceeded its performance standard under Sec.  679.21(f)(6), and if it 
is not a low Chinook salmon abundance year, then NMFS will allocate a 
portion of the 60,000 Chinook salmon PSC limit to that sector as 
specified in Sec.  679.21(f)(3)(iii)(A). If no IPA is approved, or if 
the sector has exceeded its performance standard under Sec.  
679.21(f)(6), and if it is not a low abundance year, then NMFS will 
allocate a portion of the 47,591 Chinook salmon PSC limit to that 
sector as specified in Sec.  679.21(f)(3)(iii)(C). If an AFA sector 
participates in an approved IPA and has not exceeded its 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 2021 was a low Chinook salmon abundance 
year, based on the State's estimate that Chinook salmon abundance in 
western Alaska is less than 250,000 Chinook salmon. Therefore, in 2022, 
the Chinook salmon PSC limit is 45,000 Chinook salmon, allocated to 
each sector as specified in Sec.  679.21(f)(3)(iii)(B). The AFA sector 
Chinook salmon PSC limits are also seasonally apportioned with 70 
percent for the A season pollock fishery, and 30 percent for the B 
season pollock fishery (Sec. Sec.  679.21(f)(3)(i) and 679.23(e)(2)). 
In 2022, the Chinook salmon bycatch performance standard under Sec.  
679.21(f)(6) is 33,318 Chinook salmon, allocated to each sector as 
specified in Sec.  679.21(f)(3)(iii)(D).
    NMFS publishes the approved IPAs, allocations, and reports at 
https://alaskafisheries.noaa.gov/sustainablefisheries/bycatch/default.htm.
    Section 679.21(g)(2)(i) specifies 700 fish as the 2022 and 2023 
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 2022 and 2023 
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.
    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

[[Page 11641]]

percent from each trawl gear PSC limit specified for crab as a PSQ 
reserve for use by the groundfish CDQ program.
    Based on the most recent (2021) survey data, the red king crab 
mature female abundance is estimated at 6.432 million red king crabs, 
and the effective spawning biomass is estimated at 25.120 million lbs 
(9,463 mt). Based on the criteria set out at Sec.  679.21(e)(1)(i), the 
2022 and 2023 PSC limit of red king crab in Zone 1 for trawl gear is 
32,000 animals. This limit derives from the mature female abundance 
estimate below 8.4 million mature red king crab.
    Section 679.21(e)(3)(ii)(B)(2) establishes criteria under which 
NMFS must specify an annual red king crab bycatch limit for the Red 
King Crab Savings Subarea (RKCSS) if the State has established a GHL 
fishery for red king crab in the Bristol Bay area in the previous year. 
The State's Department of Fish and Game (ADF&G) and NMFS have reviewed 
the final 2021 NMFS trawl survey data for the Bristol Bay red king crab 
stock. The stock is estimated to be below the regulatory threshold for 
opening a fishery. Therefore, the State did not establish a GHL for the 
Bristol Bay red king crab fishery, and the fishery will remain closed 
for the 2021/2022 crab season. For this reason, NMFS closed directed 
fishing for vessels using non-pelagic trawl gear in the RKCSS for 2022 
(87 FR 2558, January 18, 2022). And, NMFS and the Council will not 
specify an amount of the red king crab bycatch limit, annually 
established under Sec.  679.21(e)(1)(i), for the RKCSS. NMFS and the 
Council will assess the RKCSS closure for 2023 based on whether the 
State's ADF&G establishes a GHL for the 2022/2023 red king crab fishery 
in the Bristol Bay area.
    Based on the most recent (2021) survey data, Tanner crab 
(Chionoecetes bairdi) abundance is estimated at 385 million animals. 
Pursuant to criteria set out at Sec.  679.21(e)(1)(ii), the calculated 
2022 and 2023 C. bairdi crab PSC limit for trawl gear is 830,000 
animals in Zone 1, and 2,520,000 animals in Zone 2. The limit in Zone 1 
is based on the abundance of C. bairdi estimated at 385 million 
animals, which is greater than 270 million animals but less than 400 
million animals. The limit in Zone 2 is based on the abundance of C. 
bairdi estimated at 385 million animals, which is greater than 290 
million animals but less than 400 million animals.
    Pursuant to Sec.  679.21(e)(1)(iii), the PSC limit for trawl gear 
for snow crab (Chionoecetes opilio) is based on total abundance as 
indicated by the NMFS annual bottom trawl survey. The C. opilio crab 
PSC limit in the C. opilio bycatch limitation zone (COBLZ) is set at 
0.1133 percent of the BS abundance index minus 150,000 crabs, unless 
the minimum or maximum PSC limit applies. Based on the most recent 
(2021) survey estimate of 1.42 billion animals, the calculated C. 
opilio crab PSC limit is 1,608,860 animals. Because 0.1133 percent 
multiplied by the total abundance is less than 4.5 million, the minimum 
PSC limit applies and the PSC limit will be 4.350 million animals.
    Pursuant to Sec.  679.21(e)(1)(v), the PSC limit of Pacific herring 
caught while conducting any trawl operation for BSAI groundfish is 1 
percent of the annual eastern BS herring biomass. The best estimate of 
2022 and 2023 herring biomass is 381,876 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 2022 and 2023 is 
3,819 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 2022 
and 2023 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 2022, there are no vessels in the 
Amendment 80 limited access sector and there is one Amendment 80 
cooperative. The 2023 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, 2022. Section 679.21(e)(3)(i)(B) requires that NMFS, after 
consultation with the Council, apportion each trawl PSC limit for crab 
and herring not assigned to CDQ PSQ reserves or Amendment 80 
cooperatives into PSC bycatch allowances for seven specified fishery 
categories in Sec.  679.21(e)(3)(iv).
    Sections 679.21(b)(2) and (e)(5) authorize NMFS, after consulting 
with the Council, to establish seasonal apportionments of halibut and 
crab PSC amounts for the BSAI trawl limited access and non-trawl 
sectors 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 2022 and 2023 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............................................        3,819          n/a          n/a          n/a          n/a          n/a  ...........
Red king crab (animals) Zone 1...............................       32,000          n/a        3,424       28,576       14,282        8,739        5,555
C. opilio (animals) COBLZ....................................    4,350,000          n/a      465,450    3,884,550    1,909,256    1,248,494      726,799
C. bairdi crab (animals) Zone 1..............................      830,000          n/a       88,810      741,190      312,115      348,285       80,790

[[Page 11642]]

 
C. bairdi crab (animals) Zone 2..............................    2,520,000          n/a      269,640    2,250,360      532,660    1,053,394      664,306
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of areas and zones.
\2\ The PSQ reserve for crab species is 10.7 percent of each crab PSC limit.
\3\ The Amendment 80 program reduced apportionment of the trawl PSC limits for crab below the total PSC limit. These reductions are not apportioned to
  other gear types or sectors.


 Table 15--Final 2022 and 2023 Herring and Red King Crab Savings Subarea
        Prohibited Species Catch Allowances for All Trawl Sectors
------------------------------------------------------------------------
                                                        Red king crab
     Fishery categories         Herring (mt) BSAI     (animals) zone 1
------------------------------------------------------------------------
Yellowfin sole..............                   222                   n/a
Rock sole/flathead sole/                       110                   n/a
 Alaska plaice/other
 flatfish \1\...............
Greenland turbot/arrowtooth                     11                   n/a
 flounder/Kamchatka flounder/
 sablefish..................
Rockfish....................                    11                   n/a
Pacific cod.................                    20                   n/a
Midwater trawl pollock......                 3,400                   n/a
Pollock/Atka mackerel/other                     45                   n/a
 species \2\ \3\............
2022 Red king crab savings                     n/a  ....................
 subarea non-pelagic trawl
 gear \4\...................
2023 Red king crab savings                     n/a                 8,000
 subarea non-pelagic trawl
 gear \5\...................
                             -------------------------------------------
    Total trawl PSC.........                 3,819                32,000
------------------------------------------------------------------------
\1\ ``Other flatfish'' for PSC monitoring includes all flatfish species,
  except for halibut (a prohibited species), Alaska plaice, arrowtooth
  flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock
  sole, and yellowfin sole.
\2\ Pollock other than midwater trawl pollock, Atka mackerel, and
  ``other species'' fishery category.
\3\ ``Other species'' for PSC monitoring includes skates, sharks, and
  octopuses.
\4\ Section 679.21(e)(3)(ii)(B) establishes criteria under which an
  annual red king crab bycatch limit must be specified for the Red King
  Crab Savings Subarea (RKCSS) if the State has established a GHL
  fishery for red king crab in the Bristol Bay area in the previous
  year. Based on the final 2021 NMFS trawl survey data for the Bristol
  Bay red king crab stock, the State of Alaska closed the Bristol Bay
  red king crab fishery for the 2021/2022 crab season. NMFS and the
  Council will not specify the red king crab bycatch limit for the RKCSS
  in 2022, and pursuant to Sec.   679.21(e)(3)(ii)(B)(1) directed
  fishing for groundfish is prohibited for vessels using non-pelagic
  trawl gear in the RKCSS for 2022.
\5\ If the Bristol Bay red king crab fishery remains closed in the 2022/
  2023 crab season, the RKCSS specification will be zero. If the Bristol
  Bay red king crab fishery is open in the 2022/2023 crab season, NMFS,
  after consultation with the Council, will specify an annual red king
  crab bycatch limit for the RKCSS, which is limited by regulation to up
  to 25 percent of the red king crab PSC allowance (Sec.
  679.21(e)(3)(ii)(B)(2)).
Note: Species allowances may not total precisely due to rounding.


  Table 16--Final 2022 and 2023 Prohibited Species Bycatch Allowances for the BSAI Trawl Limited Access Sector
----------------------------------------------------------------------------------------------------------------
                                                         Prohibited species and area and zone \1\
                                         -----------------------------------------------------------------------
   BSAI trawl limited access fisheries        Halibut      Red king crab    C. opilio      C. bairdi (animals)
                                          mortality (mt)  (animals)  zone   (animals)  -------------------------
                                               BSAI              1            COBLZ        Zone 1       Zone 2
----------------------------------------------------------------------------------------------------------------
Yellowfin sole..........................             265            7,700    1,192,179      293,234    1,005,879
Rock sole/flathead sole/Alaska plaice/    ..............  ...............  ...........  ...........  ...........
 other flatfish \2\.....................
Greenland turbot/arrowtooth flounder/     ..............  ...............  ...........  ...........  ...........
 Kamchatka flounder/sablefish...........
Rockfish April 15-December 31...........               5  ...............        1,006  ...........          849
Pacific cod.............................             300              975       50,281       50,816       42,424
Pollock/Atka mackerel/other species \3\.             175               65        5,028        4,235        4,243
                                         -----------------------------------------------------------------------
    Total BSAI trawl limited access PSC.             745            8,739    1,248,494      348,285    1,053,394
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of areas and zones.
\2\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
  species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole,
  and yellowfin sole.
\3\ ``Other species'' for PSC monitoring includes skates, sharks, and octopuses.
Note: Seasonal or sector allowances may not total precisely due to rounding.


[[Page 11643]]


   Table 17--Final 2022 and 2023 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 2021 Pacific 
halibut stock assessment (December 2021), available on the IPHC website 
at www.iphc.int. The IPHC considered the 2021 Pacific halibut stock 
assessment at its January 2022 annual meeting when it set the 2022 
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 used for calculating DMRs. The 
working group will continue to consider improvements to the methodology 
used to calculate halibut mortality, including potential changes to the 
reference period (the period of data used for calculating the DMRs). 
Future DMRs may change based on additional years of observer sampling, 
which could provide more recent and accurate data and which could 
improve the accuracy of estimation and progress on methodology. The 
methodology will continue to ensure that NMFS is using DMRs that more 
accurately reflect halibut mortality, which will inform the different 
sectors of their estimated halibut mortality and allow specific sectors 
to respond with methods that could reduce mortality and, eventually, 
the DMR for that sector.
    At the December 2021 meeting, the SSC, AP, and the Council 
concurred with the revised DMR estimation methodology, and NMFS adopts 
for 2022 and 2023 the DMRs calculated under the revised methodology, 
which uses an updated 2-year reference period. The final 2022 and 2023 
DMRs in this rule are unchanged from the DMRs in the proposed 2022 and 
2023 harvest specifications (86 FR 68608, December 3, 2021). Table 18 
lists these final 2022 and 2023 DMRs.

  Table 18--2022 and 2023 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                        84
                                 catcher/processor.
Non-pelagic trawl.............  Catcher vessel.......                 62
Hook-and-line.................  Catcher/processor....                 10
Hook-and-line.................  Catcher vessel.......                 10
Pot...........................  All..................                 33
------------------------------------------------------------------------

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

[[Page 11644]]

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 2022 and 2023 
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 2, 2022, through 2400 hours, A.l.t., 
December 31, 2023. 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. 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 2, 2022, through 2400 hours, A.l.t., December 
31, 2023.

                              Table 19--2022 and 2023 Directed Fishing Closures \1\
           [Groundfish and halibut amounts are in metric tons. Crab amounts are in number of animals.]
----------------------------------------------------------------------------------------------------------------
                                                                                            2022         2023
                                                                                         Incidental   Incidental
                Area                           Sector                  Species             catch        catch
                                                                                         allowance    allowance
----------------------------------------------------------------------------------------------------------------
Bogoslof District...................  All....................  Pollock................          250          250
Aleutian Islands subarea............  All....................  Greenland Turbot.......          877          764
Aleutian Islands subarea............  All....................  ICA pollock............        2,500        2,500
                                      .......................  ``Other rockfish'' \2\.          394          394
Aleutian Islands subarea............  Trawl non-CDQ..........  Sablefish..............        1,373        1,655
Eastern Aleutian District/Bering Sea  Non-amendment 80, CDQ,   ICA Atka mackerel......          800          800
                                       and BSAI trawl limited
                                       access.
Eastern Aleutian District/Bering Sea  All....................  Blackspotted/Rougheye            277          284
                                                                rockfish.
Eastern Aleutian District...........  Non-amendment 80, CDQ,   ICA Pacific ocean perch          100          100
                                       and BSAI trawl limited
                                       access.
Central Aleutian District...........  Non-amendment 80, CDQ,   ICA Atka mackerel......           75           75
                                       and BSAI trawl limited  ICA Pacific ocean perch           60           60
                                       access.
Western Aleutian District...........  Non-amendment 80, CDQ    ICA Atka mackerel......           20           20
                                       and BSAI trawl limited  ICA Pacific ocean perch           10           10
                                       access.
Western and Central Aleutian          All....................  Blackspotted/Rougheye            150          156
 Districts.                                                     rockfish.
Bering Sea subarea..................  Trawl non-CDQ..........  Sablefish..............        2,237        2,775
Bering Sea subarea..................  All....................  Pacific ocean perch....        8,799        8,463
                                                               ``Other rockfish''\2\..          638          781
                                                               ICA pollock............       49,500       49,500
Bering Sea and Aleutian Islands.....  All....................  Shortraker rockfish....          460          460
                                                               Skates.................       25,500       25,500
                                                               Sharks.................          425          425
                                                               Octopuses..............          595          595
                                      Hook-and-line and pot    ICA Pacific cod........          400          400
                                       gear.
                                      Non-amendment 80 and     ICA flathead sole......        3,000        3,000
                                       CDQ.
                                                               ICA rock sole..........        6,000        6,000
                                      Non-amendment 80, CDQ,   ICA yellowfin sole.....        4,000        4,000
                                       and BSAI trawl limited
                                       access.
                                      BSAI trawl limited       Rock sole/flathead sole/ ...........  ...........
                                       access.                  other flatfish--
                                                                halibut mortality, red
                                                                king crab Zone 1, C.
                                                                opilio COBLZ, C.
                                                                bairdi Zone 1 and 2.
                                                               Turbot/arrowtooth/       ...........  ...........
                                                                Kamchatka/sablefish--
                                                                halibut mortality, red
                                                                king crab Zone 1, C.
                                                                opilio COBLZ, C.
                                                                bairdi Zone 1 and 2.
                                                               Rockfish--red king crab  ...........  ...........
                                                                Zone 1.
----------------------------------------------------------------------------------------------------------------
\1\ Maximum retainable amounts may be found in Table 11 to 50 CFR part 679.
\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 2021 and 2022 BSAI harvest 
specifications for groundfish (86 FR 11449, February 25, 2021) remain 
effective under authority of these final 2022 and 2023 harvest 
specifications and until the date specified in those closure 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.

[[Page 11645]]

Listed AFA Catcher/Processor Sideboard Limits

    Pursuant to Sec.  679.64(a), the Regional Administrator is 
responsible for restricting the ability of listed AFA CPs to engage in 
directed fishing for groundfish species other than pollock to protect 
participants in other groundfish fisheries from adverse effects 
resulting from the AFA fishery and from fishery cooperatives in the 
directed pollock fishery. These restrictions are set out as sideboard 
limits on catch. On February 8, 2019, NMFS published a final rule (84 
FR 2723) that implemented regulations to prohibit non-exempt AFA CPs 
from directed fishing for groundfish species or species groups subject 
to sideboard limits (see Sec.  679.20(d)(1)(iv)(D) and Table 54 to 50 
CFR part 679). Section 679.64(a)(1)(v) exempts AFA CPs from a yellowfin 
sole sideboard limit because the final 2022 and 2023 aggregate ITAC of 
yellowfin sole assigned to the Amendment 80 sector and BSAI trawl 
limited access sector is greater than 125,000 mt.
    Section 679.64(a)(2) and Tables 40 and 41 to 50 CFR part 679 
establish a formula for calculating PSC sideboard limits for halibut 
and crab caught by listed AFA CPs. The basis for these sideboard limits 
is described in detail in the final rules implementing the major 
provisions of the AFA (67 FR 79692, December 30, 2002) and Amendment 80 
(72 FR 52668, September 14, 2007). PSC species listed in Table 20 that 
are caught by listed AFA CPs participating in any groundfish fishery 
other than pollock will accrue against the final 2022 and 2023 PSC 
sideboard limits for the listed AFA CPs. Section 679.21(b)(4)(iii), 
(e)(3)(v), and (e)(7) authorizes NMFS to close directed fishing for 
groundfish other than pollock for listed AFA CPs once a final 2022 or 
2023 PSC sideboard limit listed in Table 20 is reached. Pursuant to 
Sec.  679.21(b)(1)(ii)(C) and (e)(3)(ii)(C), halibut or crab PSC by 
listed AFA CPs while fishing for pollock will accrue against the PSC 
allowances annually specified for the pollock/Atka mackerel/``other 
species'' fishery categories, according to Sec.  679.21(b)(1)(ii)(B) 
and (e)(3)(iv).

       Table 20--Final 2022 and 2023 BSAI AFA Listed Catcher/Processor Prohibited Species Sideboard Limits
----------------------------------------------------------------------------------------------------------------
                                                                        2022 and 2023 PSC
                                                                       available to trawl     2022 and 2023 AFA
           PSC species and area \1\              Ratio of PSC catch       vessels after       catcher/processor
                                                    to  total PSC      subtraction of PSQ    sideboard limit \2\
                                                                               \2\
----------------------------------------------------------------------------------------------------------------
Halibut mortality BSAI........................                   n/a                   n/a                   286
Red king crab Zone 1..........................                0.0070                28,576                   200
C. opilio (COBLZ).............................                0.1530             3,884,550               594,336
C. bairdi Zone 1..............................                0.1400               741,190               103,767
C. bairdi Zone 2..............................                0.0500             2,250,360               112,518
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of areas.
\2\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.

AFA Catcher Vessel Sideboard Limits

    Pursuant to Sec.  679.64(b), the Regional Administrator is 
responsible for restricting the ability of AFA CVs to engage in 
directed fishing for groundfish species other than pollock to protect 
participants in other groundfish fisheries from adverse effects 
resulting from the AFA fishery and from fishery cooperatives in the 
pollock directed fishery. On February 8, 2019, NMFS published a final 
rule (84 FR 2723) that implemented regulations to prohibit non-exempt 
AFA 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 2022 and 2023 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) and Tables 40 and 41 to 50 CFR part 
679 establish formulas for setting AFA CV groundfish and halibut and 
crab PSC sideboard limits for the BSAI. The basis for these sideboard 
limits is described in detail in the final rules implementing the major 
provisions of the AFA (67 FR 79692, December 30, 2002) and Amendment 80 
(72 FR 52668, September 14, 2007). Table 21 lists the final 2022 and 
2023 AFA CV groundfish sideboard limits.

Table 21--Final 2022 and 2023 BSAI Pacific Cod Sideboard Limits for American Fisheries Act Catcher Vessels (CVs)
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                     2022 AFA                        2023 AFA
                                   Ratio of 1997   2022 Initial   catcher vessel   2023 Initial   catcher vessel
   Fishery by area/gear/season     AFA CV catch         TAC          sideboard          TAC          sideboard
                                    to 1997 TAC                       limits                          limits
----------------------------------------------------------------------------------------------------------------
BSAI............................             n/a             n/a             n/a             n/a             n/a
Trawl gear CV...................             n/a             n/a             n/a             n/a             n/a
    Jan 20-Apr 1................          0.8609          21,944          18,892          21,505          18,514
    Apr 1-Jun 10................          0.8609           3,262           2,808           3,197           2,752
    Jun 10-Nov 1................          0.8609           4,448           3,829           4,359           3,753
----------------------------------------------------------------------------------------------------------------
Note: Section 679.64(b)(6) exempts AFA catcher vessels from a yellowfin sole sideboard limit because the 2022
  and 2023 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 2022 and 2023 PSC sideboard limits for the AFA CVs. 
Section 679.21, at

[[Page 11646]]

(b)(4)(iii), (e)(3)(v), and (e)(7), authorizes NMFS to close directed 
fishing for groundfish other than pollock for AFA CVs once a final 2022 
and 2023 PSC sideboard limit listed in Table 22 is reached. Pursuant to 
Sec.  679.21(b)(1)(ii)(C) and (e)(3)(ii)(C), halibut or crab PSC by AFA 
CVs while fishing for pollock will accrue against the PSC allowances 
annually specified for the pollock/Atka mackerel/``other species'' 
fishery categories under Sec.  679.21(b)(1)(ii)(B) and (e)(3)(iv).

  Table 22--Final 2022 and 2023 American Fisheries Act Catcher Vessel Prohibited Species Catch Sideboard Limits
                                                 for the Bsai 1
----------------------------------------------------------------------------------------------------------------
                                                            AFA catcher     2022 and 2023 PSC  2022 and 2023 AFA
                                      Target fishery         vessel PSC        limit after       catcher vessel
    PSC species and area \1\           category \2\       sideboard limit     subtraction of     PSC sideboard
                                                               ratio         PSQ reserves \3\      limit \3\
----------------------------------------------------------------------------------------------------------------
Halibut.........................  Pacific cod trawl....                n/a                n/a                887
                                  Pacific cod hook-and-                n/a                n/a                  2
                                   line or pot.
                                  Yellowfin sole total.                n/a                n/a                101
                                  Rock sole/flathead                   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             28,576              8,544
C. opilio COBLZ.................  n/a..................             0.1680          3,884,550            652,604
C. bairdi Zone 1................  n/a..................             0.3300            741,190            244,593
C. bairdi Zone 2................  n/a..................             0.1860          2,250,360            418,567
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of areas.
\2\ Target trawl fishery categories are defined at Sec.   679.21(b)(1)(ii)(B) and (e)(3)(iv).
\3\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
\4\ Other flatfish for PSC monitoring includes all flatfish species, except for halibut (a prohibited species),
  Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and
  yellowfin sole.
\5\ ``Other species'' for PSC monitoring includes skates, sharks, and octopuses.

Response to Comments

    NMFS received no comments during the public comment period for the 
proposed BSAI groundfish harvest specifications.

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.
    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 Record of Decision (ROD) for the 
Final EIS. In January 2022, NMFS prepared a Supplementary Information 
Report (SIR) for this action to provide a subsequent assessment of the 
action and to address the need to prepare a Supplemental EIS (SEIS) (40 
CFR 1501.11(b); Sec.  1502.9(d)(1)). Copies of the Final EIS, ROD, and 
annual SIRs for this action are available from NMFS (see ADDRESSES). 
The Final EIS analyzes the environmental, social, and economic 
consequences of 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 preferred alternative is a 
harvest strategy in which TACs are set at a level within the range of 
ABCs recommended by the Council's SSC; the sum of the TACs must achieve 
the OY specified in the FMP. While the specific numbers that the 
harvest strategy produces may vary from year to year, the methodology 
used for the preferred harvest strategy remains constant.
    The latest annual SIR evaluated the need to prepare a SEIS for the 
2022 and 2023 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(d)(1)). After reviewing the information contained in the SIR and 
SAFE report, the Regional Administrator has determined that (1) 
approval of the 2022 and 2023 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 circumstances or information relevant to environmental 
concerns and bearing on the action or its impacts. Additionally, the 
2022 and 2023 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 2022 and 2023 harvest specifications.
    A final regulatory flexibility analysis (FRFA) was prepared. 
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 
FRFA. The following constitutes the FRFA prepared in this final action.
    Section 604 of the RFA describes the required contents of a FRFA: 
(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

[[Page 11647]]

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 that 
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, 2021 (86 FR 68608). 
NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA) to 
accompany the proposed action, and included the IRFA in the proposed 
rule. The comment period closed on January 3, 2022. 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 (2020), the estimated number 
of directly regulated small entities includes approximately 155 catcher 
vessels, 4 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 155 
catcher vessels may be an overstatement of the number of small 
entities. Average gross revenues in 2020 were $530,000 for small hook-
and-line vessels, $1.1 million for small pot vessels, $2.8 million for 
small trawl vessels, $6.6 million for hook-and-line CPs, and $3.1 
million for pot gear CPs.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.
    This action implements the final 2022 and 2023 harvest 
specifications, apportionments, and prohibited species catch limits for 
the groundfish fishery of the BSAI. This action is necessary to 
establish harvest limits for groundfish during the 2022 and 2023 
fishing years and is taken in accordance with the FMP prepared by the 
Council pursuant to the Magnuson-Stevens Act. The establishment of the 
final harvest specifications is governed by the Council's harvest 
strategy for the catch of groundfish in the BSAI. The harvest strategy 
was previously selected from among five alternatives. Under this 
preferred alternative harvest strategy, TACs are set within the range 
of ABCs recommended by the SSC; the sum of the TACs must achieve the OY 
specified in the FMP; and while the specific TAC numbers that the 
harvest strategy produces may vary from year to year, the methodology 
used for the preferred harvest strategy remains constant. This final 
action implements the preferred alternative harvest strategy previously 
chosen by the Council to set TACs that fall within the range of ABCs 
recommended through the Council harvest specifications process and as 
recommended by the Council. This is the method for determining TACs 
that has been used in the past.
    The final 2022 and 2023 TACs associated with preferred harvest 
strategy are those recommended by the Council in December 2021. OFLs 
and ABCs for each species or species group were based on 
recommendations prepared by the Council's Plan Team, and reviewed by 
the Council's SSC. The Council's TAC recommendations are consistent 
with the SSC's OFL and ABC recommendations, and the sum of all TACs 
remains within the OY for the BSAI consistent with Sec.  
679.20(a)(1)(i)(A). Because setting all TACs equal to ABCs would cause 
the sum of TACs to exceed an OY of 2.0 million mt, TACs for some 
species or species groups are lower than the ABCs recommended by the 
Plan Team and the SSC.
    The final 2022 and 2023 OFLs and ABCs are based on the best 
available biological information, including projected biomass trends, 
information on assumed distribution of stock biomass, and revised 
technical methods to calculate stock biomass. The final 2022 and 2023 
TACs are based on the best available biological and socioeconomic 
information. The final 2022 and 2023 OFLs, ABCs, and TACs are 
consistent with the biological condition of groundfish stocks as 
described in the 2021 SAFE report, which is the most recent, completed 
SAFE report. Accounting for the most recent biological information to 
set the final OFLs, ABCs, and TACs is consistent with the objectives 
for this action, as well as National Standard 2 of the Magnuson-Stevens 
Act (16 U.S.C. 1851(a)(2)) that actions shall be based on the best 
scientific information available.
    Under this action, the ABCs reflect harvest amounts that are less 
than the specified overfishing levels. The TACs are within the range of 
ABCs recommended by the SSC and do not exceed the biological limits 
recommended by the SSC (the ABCs and overfishing levels). For some 
species and species groups in the BSAI, the Council recommended, and 
NMFS sets, TACs equal to ABCs, which is intended to maximize harvest 
opportunities in the BSAI. However, NMFS cannot set TACs for all 
species in the BSAI equal to their ABCs due to the constraining OY 
limit of 2.0 million mt. For this reason, some final TACs are less than 
the final ABCs. These specific reductions were reviewed and recommended 
by the Council's AP, and then reviewed and adopted by the Council for 
the final 2022 and 2023 TACs.
    Based on the best available scientific data, and in consideration 
of the Council's objectives for this action, there are no significant 
alternatives that have the potential to accomplish the stated 
objectives of the Magnuson-Stevens Act and any other applicable 
statutes and that have the potential to minimize any significant 
adverse economic impact of the final rule on small entities. This 
action is economically beneficial to entities operating in the BSAI, 
including small entities. The action specifies TACs for commercially-
valuable species in the

[[Page 11648]]

BSAI and allows for the continued prosecution of the fishery, thereby 
creating the opportunity for fishery revenue. After public process, 
during which the Council solicited input from stakeholders, the Council 
concluded that these final harvest specifications would best accomplish 
the stated objectives articulated in the preamble for this final rule 
and in applicable statutes, and would minimize to the extent 
practicable adverse economic impacts on the universe of directly 
regulated small entities.
    Adverse impacts on marine mammals, or endangered or threatened 
species, resulting from fishing activities conducted under this rule 
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 2021 SAFE report 
occurred in November 2021, and based on the 2021 SAFE report the 
Council considered and recommended the final harvest specifications in 
December 2021. Accordingly, NMFS's review of the final 2022 and 2023 
harvest specifications could not begin until after the December 2021 
Council meeting, and after the public had time to comment on the 
proposed action.
    For all fisheries not currently closed because the TACs established 
under the final 2021 and 2022 harvest specifications (86 FR 11449, 
February 25, 2021) were not reached, it is possible that they would be 
closed prior to the expiration of a 30-day delayed effectiveness period 
because their TACs could be reached within that period. 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 2022 ABCs and 
TACs than those established in the 2021 and 2022 harvest specifications 
(86 FR 11449, February 25, 2021). If implemented immediately, this rule 
would ensure that NMFS can properly manage those fisheries for which 
this rule sets lower 2022 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, are intensive, fast-
paced fisheries. Other fisheries, such as those for sablefish, 
flatfish, rockfish, Atka mackerel, 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 many of these fisheries. If the date of 
effectiveness of this rule were to be delayed 30 days and if a TAC were 
to be reached during those 30 days, NMFS would be required to close 
directed fishing or prohibit retention for the applicable species. Any 
delay in allocating the final TACs in these fisheries would cause 
confusion to the industry and potential economic harm through 
unnecessary discards, thus undermining the intent of this rule. Waiving 
the 30-day delay allows NMFS to prevent economic loss to fishermen that 
could otherwise occur should the 2022 TACs (set under the 2021 and 2022 
harvest specifications) be reached. Determining which fisheries may 
close is nearly impossible 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 by freeing-up fishing vessels, allowing them to move from 
closed fisheries to open ones, increasing the fishing capacity in those 
open fisheries, and causing them to close at an accelerated pace.
    In fisheries subject to declining sideboard limits, a failure to 
implement the updated sideboard limits before initial season's end 
could deny the intended economic protection to the non-sideboard 
limited sectors. Conversely, in fisheries with increasing sideboard 
limits, economic benefit could be denied to the sideboard-limited 
sectors.
    If these final harvest specifications are not effective by March 6, 
2022, which is the start of the 2022 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 the 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 these final 2022 and 2023 harvest specifications will allow the 
sablefish IFQ fishery to begin concurrently with the Pacific halibut 
IFQ season.
    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 2022 and 2023 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 2022 and 2023 
fishing years and is taken in accordance with the FMP prepared by the 
Council pursuant to the Magnuson-Stevens Act. 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. These tables also are individually 
available online at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-groundfish-harvest-specifications. 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.


[[Page 11649]]


    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 24, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2022-04292 Filed 3-1-22; 8:45 am]
BILLING CODE 3510-22-P