[Federal Register Volume 87, Number 231 (Friday, December 2, 2022)]
[Proposed Rules]
[Pages 74102-74122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26173]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 221123-0249; RTID 0648-XC347]


Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of 
Alaska; Proposed 2023 and 2024 Harvest Specifications for Groundfish

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

ACTION: Proposed rule; harvest specifications and request for comments.

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SUMMARY: NMFS proposes 2023 and 2024 harvest specifications, 
apportionments, and Pacific halibut prohibited species catch limits for 
the groundfish fishery of the Gulf of Alaska (GOA). This action is 
necessary to establish harvest limits for groundfish during the 2023 
and 2024 fishing years and to accomplish the goals and objectives of 
the Fishery Management Plan for Groundfish of the Gulf of Alaska. The 
2023 harvest specifications supersede those previously set in the final 
2022 and 2023 harvest specifications, and the 2024 harvest 
specifications will be superseded in early 2024 when the final 2024 and 
2025 harvest specifications are published. The intended effect of this 
action is to conserve and manage the groundfish resources in the GOA in 
accordance with the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act).

DATES: Comments must be received by January 3, 2023.

ADDRESSES: Submit comments on this document, identified by NOAA-NMFS-
2022-0094, by either of the following methods:
     Federal e-Rulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2022-0094, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Submit written comments to Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region NMFS, 
Attn: Records Office. Mail comments to P.O. Box 21668, Juneau, AK 
99802-1668.
    Instructions: NMFS may not consider comments if they are sent by 
any other method, to any other address or individual, or received after 
the comment period ends. All comments

[[Page 74103]]

received are a part of the public record, and NMFS will post the 
comments for public viewing on www.regulations.gov without change. All 
personal identifying information (e.g., name, address), confidential 
business information, or otherwise sensitive information submitted 
voluntarily by the sender is publicly accessible. NMFS will accept 
anonymous comments (enter ``N/A'' in the required fields if you wish to 
remain anonymous).
    Electronic copies of the Alaska Groundfish Harvest Specifications 
Final Environmental Impact Statement (Final EIS), Record of Decision 
(ROD) for the Final EIS, and the annual Supplementary Information 
Reports (SIR) to the Final EIS prepared for this action are available 
from https://www.regulations.gov. An updated 2023 SIR for the final 
2023 and 2024 harvest specifications will be available from the same 
source. The final 2021 Stock Assessment and Fishery Evaluation (SAFE) 
report for the groundfish resources of the GOA, dated November 2021, is 
available from the North Pacific Fishery Management Council (Council) 
at 1007 West Third, Suite 400, Anchorage, AK 99501-2252, phone 907-271-
2809, or from the Council's website at https://www.npfmc.org. The 2022 
SAFE report for the GOA will be available from the same source.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the GOA groundfish fisheries in 
the exclusive economic zone (EEZ) of the GOA under the Fishery 
Management Plan for Groundfish of the Gulf of Alaska (FMP). The Council 
prepared the FMP under the authority of the Magnuson-Stevens Act (16 
U.S.C. 1801 et seq.). Regulations governing U.S. fisheries and 
implementing the FMP appear at 50 CFR parts 600, 679, and 680.
    The FMP and its implementing regulations require that NMFS, after 
consultation with the Council, specify the total allowable catch (TAC) 
for each target species, the sum of which must be within the optimum 
yield (OY) range of 116,000 to 800,000 metric tons (mt) (Sec. Sec.  
679.20(a)(1)(i)(B) and 679.20(a)(2)). Section 679.20(c)(1) further 
requires NMFS to publish and solicit public comment on proposed annual 
TACs and apportionments thereof, Pacific halibut prohibited species 
catch (PSC) limits, and seasonal allowances of pollock and Pacific cod. 
The proposed harvest specifications in Tables 1 through 19 of this rule 
satisfy these requirements. For 2023 and 2024, the sum of the proposed 
TAC amounts is 443,615 mt.
    Under Sec.  679.20(c)(3), NMFS will publish the final 2023 and 2024 
harvest specifications after (1) considering comments received within 
the comment period (see DATES), (2) consulting with the Council at its 
December 2022 meeting, (3) considering information presented in the 
2023 SIR to the Final EIS that assesses the need to prepare a 
Supplemental EIS (see ADDRESSES), and (4) considering information 
presented in the final 2022 SAFE report prepared for the 2023 and 2024 
groundfish fisheries.

Other Actions Potentially Affecting the 2023 and 2024 Harvest 
Specifications

Amendment 122 to the Bering Sea and Aleutian Islands FMP: Pacific Cod 
Cooperative Program

    NMFS is developing a proposed rule to implement Amendment 122 to 
the FMP for Groundfish of the Bering Sea and Aleutian Islands 
Management Area (BSAI), which, if approved, would establish the Pacific 
Cod Trawl Cooperative Program (PCTC Program) to allocate BSAI Pacific 
cod harvest quota to qualifying groundfish License Limitation Program 
(LLP) license holders and qualifying processors. The PCTC Program would 
be a limited access privilege program (LAPP) for the harvest of Pacific 
cod in the BSAI trawl catcher vessel (CV) sector.
    One of the elements of the proposed PCTC Program is to revise the 
GOA groundfish sideboard limits and halibut PSC limits for LLP licenses 
that receive allocations of PCTC quota share. The Program would change 
the American Fisheries Act (AFA) non-exempt GOA groundfish sideboard 
and halibut PSC limits for all non-exempt AFA LLP licenses and CVs 
based on the GOA fishing activity of these vessels in the aggregate 
during the PCTC Program qualifying years. If approved by the Secretary 
of Commerce, Amendment 122 and its implementing regulations would 
affect the calculation and establishment of the groundfish sideboard 
limits discussed in the subsequent section of this rule titled American 
Fisheries Act (AFA) Catcher/Processor and Catcher Vessel Groundfish 
Harvest and PSC Limits.

Proposed Acceptable Biological Catch (ABC) and TAC Specifications

    In October 2022, the Council's Scientific and Statistical Committee 
(SSC), its Advisory Panel (AP), and the Council reviewed the most 
recent biological and harvest information about the condition of the 
GOA groundfish stocks. The Council's GOA Groundfish Plan Team (Plan 
Team) compiled and presented this information in the final 2021 SAFE 
report for the GOA 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 
GOA ecosystem and the economic condition of the groundfish fisheries 
off Alaska. From these data and analyses, the Plan Team recommends, and 
the SSC sets, an Overfishing Limit (OFL) and Acceptable Biological 
Catch (ABC) for each species and species group. The amounts proposed 
for the 2023 and 2024 OFLs and ABCs are based on the 2021 SAFE report. 
The AP and Council recommended that the proposed 2023 and 2024 TACs be 
set equal to proposed ABCs for all species and species groups, with the 
exception of the species and species groups further discussed below. 
The proposed OFLs, ABCs, and TACs could be changed in the final harvest 
specifications depending on the most recent scientific information 
contained in the final 2022 SAFE report. The individual stock 
assessments that will comprise, in part, the 2022 SAFE report are 
available at https://www.fisheries.noaa.gov/alaska/population-assessments/north-pacific-groundfish-stock-assessment-and-fishery-evaluation. The final 2022 SAFE report will be available from the same 
source.
    In November 2022, the Plan Team will update the 2021 SAFE report to 
include new information collected during 2022, such as NMFS stock 
surveys, revised stock assessments, and catch data. The Plan Team will 
compile this information and present the draft 2022 SAFE report at the 
December 2022 Council meeting. At that meeting, the SSC and the Council 
will review the 2022 SAFE report, and the Council will approve the 2022 
SAFE report. The Council will consider information in the 2022 SAFE 
report, recommendations from the November 2022 Plan Team meeting and 
December 2022 SSC and AP meetings, public testimony, and relevant 
written public comments in making its recommendations for the final 
2023 and 2024 harvest specifications. Pursuant to Sec.  679.20(a)(2) 
and (3), the Council could recommend adjusting the final TACs, if 
warranted, based on the biological condition of groundfish stocks or a 
variety of socioeconomic considerations, or if required to cause the 
sum of TACs to fall within the OY range.

[[Page 74104]]

Potential Changes Between Proposed and Final Specifications

    In previous years, the most significant changes (relative to the 
amount of assessed tonnage of fish) to the OFLs and ABCs from the 
proposed to the final harvest specifications have been based on the 
most recent NMFS stock surveys. These surveys provide updated estimates 
of stock biomass and spatial distribution, and inform changes to the 
models used for producing stock assessments. At the September 2022 Plan 
Team meeting, NMFS scientists presented updated and new survey results. 
Scientists also discussed potential changes to assessment models, and 
accompanying preliminary stock estimates. At the October 2022 Council 
meeting, the SSC reviewed this information. Species and species groups 
with proposed changes to assessment models include sharks, pollock, 
other rockfish, demersal shelf rockfish, northern rockfish, dusky 
rockfish, and thornyhead rockfish. Model changes can result in changes 
to final OFLs, ABCs, and TACs.
    In November 2022, the Plan Team will consider updated survey 
results and updated stock assessments for groundfish, which will be 
included in the draft 2022 SAFE report. If the 2022 SAFE report 
indicates that the stock biomass trend is increasing for a species, 
then the final 2023 and 2024 harvest specifications for that species 
may reflect an increase from the proposed harvest specifications. 
Conversely, if the 2022 SAFE report indicates that the stock biomass 
trend is decreasing for a species, then the final 2023 and 2024 harvest 
specifications may reflect a decrease from the proposed harvest 
specifications.
    The proposed 2023 and 2024 OFLs and ABCs are based on the best 
available biological and scientific information, including projected 
biomass trends, information on assumed distribution of stock biomass, 
and revised technical methods used to calculate stock biomass. The FMP 
specifies the tiers to be used to calculate OFLs and ABCs. The tiers 
applicable to a particular stock or stock complex are determined by the 
level of reliable information available to the fisheries scientists. 
This information is categorized into a successive series of six tiers 
to define OFLs and ABCs, with Tier 1 representing the highest level of 
information quality available and Tier 6 representing the lowest level 
of information quality available. The Plan Team used the FMP tier 
structure to calculate OFLs and ABCs for each groundfish species. The 
SSC adopted the proposed 2023 and 2024 OFLs and ABCs recommended by the 
Plan Team for all groundfish species. The proposed 2023 and 2024 TACs 
are based on the best available biological and socioeconomic 
information. The Council adopted the SSC's OFL and ABC recommendations 
and the AP's TAC recommendations for all groundfish species.

Specification and Apportionment of TAC Amounts

    The Council recommended proposed 2023 and 2024 TACs that are equal 
to proposed ABCs for all species and species groups, with the exception 
of pollock for the combined Western and Central GOA and West Yakutat 
District area, Pacific cod, shallow-water flatfish in the Western GOA, 
arrowtooth flounder in the Western GOA and the Southeast Outside (SEO) 
District, flathead sole in the Western and Central GOA, Atka mackerel, 
and ``other rockfish'' in the SEO District.
    The combined Western and Central Regulatory Areas and the West 
Yakutat (WYK) District of the Eastern Regulatory Area (the W/C/WYK) 
pollock TAC and the GOA Pacific cod TACs are set to account for the 
State of Alaska's (State) guideline harvest levels (GHL) for the State 
waters pollock and Pacific cod fisheries so that the ABCs are not 
exceeded. The shallow-water flatfish, arrowtooth flounder, and flathead 
sole TACs are set to allow for increased harvest opportunities for 
these target species while conserving the halibut PSC limit for use in 
other fisheries. The Atka mackerel TAC is set to accommodate incidental 
catch amounts (ICA) in other fisheries. The ``other rockfish'' TAC in 
the SEO District of the Eastern Regulatory Area is set to reduce the 
amount of discards of the species in that complex. These reductions are 
described below.
    NMFS's proposed apportionments of groundfish species are based on 
the distribution of biomass among the regulatory areas over which NMFS 
manages the species. Additional regulations govern the apportionment of 
pollock, Pacific cod, and sablefish. Additional detail on 
apportionments of pollock, Pacific cod, and sablefish are described 
below.
    The ABC for the pollock stock in the W/C/WYK Regulatory Area 
accounts for the GHL established by the State for the Prince William 
Sound (PWS) pollock fishery. The Plan Team, SSC, AP, and Council have 
recommended that the sum of all State waters and Federal waters pollock 
removals from the GOA not exceed ABC recommendations. For 2023 and 
2024, the Council recommended the W/C/WYK pollock ABC include the 
amount to account for the State's PWS GHL. At the November 2018 Plan 
Team meeting, State fisheries managers recommended setting the future 
PWS GHL at 2.5 percent of the annual W/C/WYK pollock ABC. For 2023, 
this yields a PWS pollock GHL of 3,298 mt, a decrease of 29 mt from the 
2022 PWS GHL of 3,327 mt. After accounting for the PWS GHL, the 2023 
and 2024 pollock ABC for the combined W/C/WYK areas is then apportioned 
among four statistical areas (Areas 610, 620, 630, and 640) as both 
ABCs and TACs, as described below and detailed in Table 1. The total 
ABCs and TACs for the four statistical areas, plus the State GHL, do 
not exceed the combined W/C/WYK ABC. The proposed W/C/WYK 2023 and 2024 
pollock ABC is 131,912 mt, and the proposed TAC is 128,614 mt.
    Apportionments of pollock to the W/C/WYK management areas are 
considered to be apportionments of annual catch limit (ACL) rather than 
apportionments of ABCs. This more accurately reflects that such 
apportionments address management concerns, rather than biological or 
conservation concerns. In addition, apportionments of the ACL in this 
manner allow NMFS to balance any transfer of TAC among Areas 610, 620, 
and 630 pursuant to Sec.  679.20(a)(5)(iv)(B) to ensure that the 
combined W/C/WYK ACL, ABC, and TAC are not exceeded.
    NMFS proposes pollock TACs in the Western (Area 610) and Central 
(Areas 620 and 630) Regulatory Areas and the West Yakutat (Area 640) 
and the SEO (Area 650) Districts of the GOA (see Table 1). NMFS also 
proposes seasonal apportionment of the annual pollock TAC in the 
Western and Central Regulatory Areas of the GOA among Statistical Areas 
610, 620, and 630. These apportionments are divided equally among the 
following two seasons: the A season (January 20 through May 31) and the 
B season (September 1 through November 1) (Sec. Sec.  679.23(d)(2) and 
679.20(a)(5)(iv)). Additional detail is provided below; Table 2 lists 
these amounts.
    The proposed 2023 and 2024 Pacific cod TACs are set to accommodate 
the State's GHLs for Pacific cod in State waters in the Western and 
Central Regulatory Areas, as well as in PWS (in the Eastern Regulatory 
Area) (see Table 1). The Plan Team, SSC, AP, and Council recommended 
that the sum of all State waters and Federal waters Pacific cod 
removals from the GOA not exceed ABC recommendations. Accordingly, the 
Council recommended the 2023 and 2024 Pacific cod TACs in

[[Page 74105]]

the Western, Central, and Eastern Regulatory Areas to account for State 
GHLs. Therefore, the proposed 2023 and 2024 Pacific cod TACs are less 
than the proposed ABCs by the following amounts: (1) Western GOA, 2,610 
mt; (2) Central GOA, 4,321 mt; and (3) Eastern GOA, 682 mt. These 
amounts reflect the State's 2023 and 2024 GHLs in these areas, which 
are 30 percent of the Western GOA proposed ABC, and 25 percent of the 
Eastern and Central GOA proposed ABCs.
    The Western and Central GOA Pacific cod TACs are allocated among 
various gear and operational sectors. NMFS also establishes seasonal 
apportionments of the annual Pacific cod TACs in the Western and 
Central Regulatory Areas. The Pacific cod sector and seasonal 
apportionments are discussed in detail in a subsequent section and in 
Table 4 of this rule.
    The Council's recommendation for sablefish area apportionments 
takes into account the prohibition on the use of trawl gear in the SEO 
District of the Eastern Regulatory Area (Sec.  679.7(b)(1)) and makes 
available 5 percent of the Eastern Regulatory Area (WYK and SEO 
Districts combined) TAC to vessels using trawl gear for use as 
incidental catch in other trawl groundfish fisheries in the WYK 
District (Sec.  679.20(a)(4)(i)). Additional detail is provided below. 
Tables 5 and 6 list the proposed 2023 and 2024 allocations of the 
sablefish TAC to fixed gear and trawl gear in the GOA.
    For 2023 and 2024, the Council recommends, and NMFS proposes, the 
OFLs, ABCs, and TACs listed in Table 1. These amounts are consistent 
with the biological condition of groundfish stocks as described in the 
2021 SAFE report. The proposed ABCs reflect harvest amounts that are 
less than the specified overfishing levels. The proposed TACs are 
adjusted for other biological and socioeconomic considerations. The sum 
of the proposed TACs for all GOA groundfish is 443,615 mt for 2023 and 
2024, which is within the OY range specified by the FMP. These proposed 
amounts and apportionments by area, season, and sector are subject to 
change pending consideration of the 2022 SAFE report, public comment, 
and the Council's recommendations for the final 2023 and 2024 harvest 
specifications during its December 2022 meeting.

    Table 1--Proposed 2023 and 2024 OFLs, ABCs, and TACs of Groundfish for the Western/Central/West Yakutat,
 Western, Central, and Eastern Regulatory Areas, the West Yakutat and Southeast Outside Districts of the Eastern
                          Regulatory Area, and Gulfwide District of the Gulf of Alaska
                                 [Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
                Species                         Area \1\                OFL             ABC           TAC \2\
----------------------------------------------------------------------------------------------------------------
Pollock \2\...........................  Shumagin (610)..........             n/a          23,506          23,506
                                        Chirikof (620)..........             n/a          68,642          68,642
                                        Kodiak (630)............             n/a          29,803          29,803
                                        WYK (640)...............             n/a           6,663           6,663
                                        W/C/WYK (subtotal)......         153,097         131,912         128,614
                                        SEO (650)...............          15,150          11,363          11,363
                                                                 -----------------------------------------------
                                          Total                          168,247         143,275         139,977
----------------------------------------------------------------------------------------------------------------
Pacific cod \3\.......................  W.......................             n/a           8,699           6,089
                                        C.......................             n/a          17,282          12,962
                                        E.......................             n/a           2,727           2,045
                                                                 -----------------------------------------------
                                          Total                           34,673          28,708          21,096
----------------------------------------------------------------------------------------------------------------
Sablefish \4\.........................  W.......................             n/a           3,951           3,951
                                        C.......................             n/a           9,495           9,495
                                        WYK.....................             n/a           3,159           3,159
                                        SEO.....................             n/a           5,398           5,398
                                                                 -----------------------------------------------
                                          Subtotal TAC                       n/a             n/a          22,003
                                                                 -----------------------------------------------
                                          Total                           42,520          36,318             n/a
----------------------------------------------------------------------------------------------------------------
Shallow-water flatfish \5\............  W.......................             n/a          22,464          13,250
                                        C.......................             n/a          26,743          26,743
                                        WYK.....................             n/a           2,674           2,674
                                        SEO.....................             n/a           1,605           1,605
                                                                 -----------------------------------------------
                                          Total                           65,676          53,486          44,272
----------------------------------------------------------------------------------------------------------------
Deep-water flatfish \6\...............  W.......................             n/a             256             256
                                        C.......................             n/a           2,105           2,105
                                        WYK.....................             n/a           1,408           1,408
                                        SEO.....................             n/a           2,049           2,049
                                                                 -----------------------------------------------
                                          Total                            6,920           5,818           5,818
----------------------------------------------------------------------------------------------------------------
Rex sole..............................  W.......................             n/a           3,222           3,222
                                        C.......................             n/a          13,054          13,054
                                        WYK.....................             n/a           1,439           1,439
                                        SEO.....................             n/a           2,879           2,879
                                                                 -----------------------------------------------
                                          Total                           25,049          20,594          20,594
----------------------------------------------------------------------------------------------------------------

[[Page 74106]]

 
Arrowtooth flounder...................  W.......................             n/a          33,214          14,500
                                        C.......................             n/a          67,493          67,493
                                        WYK.....................             n/a           6,619           6,619
                                        SEO.....................             n/a          10,875           6,900
                                                                 -----------------------------------------------
                                          Total                          141,231         118,201          95,512
----------------------------------------------------------------------------------------------------------------
Flathead sole.........................  W.......................             n/a          14,708           8,650
                                        C.......................             n/a          21,962          15,400
                                        WYK.....................             n/a           1,506           1,506
                                        SEO.....................             n/a           1,870           1,870
                                                                 -----------------------------------------------
                                          Total                           48,757          40,046          27,426
----------------------------------------------------------------------------------------------------------------
Pacific ocean perch \7\...............  W.......................             n/a           2,523           2,523
                                        C.......................             n/a          29,869          29,869
                                        WYK.....................             n/a           1,366           1,366
                                        W/C/WYK.................          40,211          33,758          33,758
                                        SEO.....................           3,985           3,346           3,346
                                                                 -----------------------------------------------
                                          Total                           44,196          37,104          37,104
----------------------------------------------------------------------------------------------------------------
Northern rockfish \8\.................  W.......................             n/a           1,859           1,859
                                        C.......................             n/a           3,061           3,061
                                        E.......................             n/a  ..............  ..............
                                                                 -----------------------------------------------
                                          Total                            5,874           4,920           4,920
----------------------------------------------------------------------------------------------------------------
Shortraker rockfish \9\...............  W.......................             n/a              51              51
                                        C.......................             n/a             280             280
                                        E.......................             n/a             374             374
                                                                 -----------------------------------------------
                                          Total                              940             705             705
----------------------------------------------------------------------------------------------------------------
Dusky rockfish \10\...................  W.......................             n/a             259             259
                                        C.......................             n/a           4,373           4,373
                                        WYK.....................             n/a             412             412
                                        SEO.....................             n/a             137             137
                                                                 -----------------------------------------------
                                          Total                            8,146           5,181           5,181
----------------------------------------------------------------------------------------------------------------
Rougheye and blackspotted rockfish      W.......................             n/a             182             182
 \11\.
                                        C.......................             n/a             234             234
                                        E.......................             n/a             365             365
                                                                 -----------------------------------------------
                                          Total                              937             781             781
----------------------------------------------------------------------------------------------------------------
Demersal shelf rockfish \12\..........  SEO.....................             579             365             365
----------------------------------------------------------------------------------------------------------------
Thornyhead rockfish \13\..............  W.......................             n/a             352             352
                                        C.......................             n/a             910             910
                                        E.......................             n/a             691             691
                                                                 -----------------------------------------------
                                          Total                            2,604           1,953           1,953
----------------------------------------------------------------------------------------------------------------
Other rockfish \14\ \15\..............  W/C combined............             n/a             940             940
                                        WYK.....................             n/a             370             370
                                        SEO.....................             n/a           2,744             300
                                                                 -----------------------------------------------
                                          Total                            5,320           4,054           1,610
----------------------------------------------------------------------------------------------------------------
Atka mackerel.........................  GW......................           6,200           4,700           3,000
----------------------------------------------------------------------------------------------------------------
Big skates \16\.......................  W.......................             n/a             591             591
                                        C.......................             n/a           1,482           1,482
                                        E.......................             n/a             794             794
                                                                 -----------------------------------------------
                                          Total                            3,822           2,867           2,867
----------------------------------------------------------------------------------------------------------------
Longnose skates \17\..................  W.......................             n/a             151             151

[[Page 74107]]

 
                                        C.......................             n/a           2,044           2,044
                                        E.......................             n/a             517             517
                                                                 -----------------------------------------------
                                          Total                            3,616           2,712           2,712
----------------------------------------------------------------------------------------------------------------
Other skates \18\.....................  GW......................           1,311             984             984
----------------------------------------------------------------------------------------------------------------
Sharks................................  GW......................           5,006           3,755           3,755
----------------------------------------------------------------------------------------------------------------
Octopuses.............................  GW......................           1,307             980             980
----------------------------------------------------------------------------------------------------------------
    Total.............................  ........................         622,931         517,507         443,615
----------------------------------------------------------------------------------------------------------------
\1\ Regulatory areas and districts are defined at Sec.   679.2. (W = Western Gulf of Alaska; C = Central Gulf of
  Alaska; E = Eastern Gulf of Alaska; WYK = West Yakutat District; SEO = Southeast Outside District; GW =
  Gulfwide).
\2\ The total for the W/C/WYK Regulatory Areas pollock ABC is 131,912 mt. After deducting 2.5 percent (3,298 mt)
  of that ABC for the State's pollock GHL fishery, the remaining pollock ABC of 128,614 mt (for the W/C/WYK
  Regulatory Areas) is apportioned among four statistical areas (Areas 610, 620, 630, and 640). These
  apportionments are considered subarea ACLs, rather than ABCs, for specification and reapportionment purposes.
  The ACLs in Areas 610, 620, and 630 are further divided by season, as detailed in Table 2 (proposed 2023 and
  2024 seasonal biomass distribution of pollock in the Western and Central Regulatory Areas, area
  apportionments, and seasonal allowances). In the West Yakutat (Area 640) and Southeast Outside (Area 650)
  Districts of the Eastern Regulatory Area, pollock is not divided into seasonal allowances.
\3\ The annual Pacific cod TAC is apportioned, after seasonal apportionment to the jig sector, as follows: (1)
  63.84 percent to the A season and 36.16 percent to the B season and (2) 64.16 percent to the A season and
  35.84 percent to the B season in the Western and Central Regulatory Areas of the GOA, respectively. The
  Pacific cod TAC in the Eastern Regulatory Area of the GOA is allocated 90 percent to vessels harvesting
  Pacific cod for processing by the inshore component and 10 percent to vessels harvesting Pacific cod for
  processing by the offshore component. Table 4 lists the proposed 2023 and 2024 Pacific cod seasonal
  apportionments and sector allocations.
\4\ The sablefish OFL and ABC are set Alaska-wide (42,520 mt and 36,318 mt, respectively) and the GOA sablefish
  ABC is 22,003 mt. Additionally, sablefish is allocated only to trawl gear in 2024. Tables 5 and 6 list the
  proposed 2023 and 2024 allocations of sablefish TACs.
\5\ ``Shallow-water flatfish'' means flatfish not including ``deep-water flatfish,'' flathead sole, rex sole, or
  arrowtooth flounder.
\6\ ``Deep-water flatfish'' means Dover sole, Greenland turbot, Kamchatka flounder, and deepsea sole.
\7\ ``Pacific ocean perch'' means Sebastes alutus.
\8\ ``Northern rockfish'' means Sebastes polyspinous. For management purposes the 1 mt apportionment of ABC to
  the WYK District of the Eastern Regulatory Area has been included in the ``other rockfish'' species group.
\9\ ``Shortraker rockfish'' means Sebastes borealis.
\10\ ``Dusky rockfish'' means Sebastes variabilis.
\11\ ``Rougheye and blackspotted rockfish'' means Sebastes aleutianus (rougheye) and Sebastes melanostictus
  (blackspotted).
\12\ ``Demersal shelf rockfish'' means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper),
  S. maliger (quillback), S. helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye).
\13\ ``Thornyhead rockfish'' means Sebastolobus species.
\14\ ``Other rockfish means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio), S.
  goodei (chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), S. variegatus (harlequin), S.
  wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S. zacentrus (sharpchin), S. jordani
  (shortbelly), S. brevispinis (silvergray), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus
  (vermilion), S. reedi (yellowmouth), S. entomelas (widow), and S. flavidus (yellowtail). In the Eastern GOA
  only, ``other rockfish'' also includes northern rockfish (S. polyspinous).
\15\ ``Other rockfish'' in the Western and Central Regulatory Areas and in the West Yakutat District of the
  Eastern Regulatory Area means all rockfish species included in the ``other rockfish'' and demersal shelf
  rockfish categories. The ``other rockfish'' species group in the SEO District only includes other rockfish.
\16\ ``Big skates'' means Raja binoculata.
\17\ ``Longnose skates'' means Raja rhina.
\18\ ``Other skates'' means Bathyraja and Raja spp.

Proposed Apportionment of Reserves

    Section 679.20(b)(2) requires NMFS to set aside 20 percent of each 
TAC for pollock, Pacific cod, flatfish, sharks, and octopuses in 
reserve for possible apportionment at a later date during the fishing 
year. Section 679.20(b)(3) authorizes NMFS to reapportion all or part 
of these reserves. In 2022, NMFS reapportioned all of the reserves in 
the final harvest specifications. For 2023 and 2024, NMFS proposes 
reapportionment of each of the reserves for pollock, Pacific cod, 
flatfish, sharks, and octopuses back into the original TAC from which 
the reserve was derived. NMFS expects, based on recent harvest 
patterns, that such reserves will not be necessary and that the entire 
TAC for each of these species will be caught or are needed to promote 
efficient fisheries. The TACs in Table 1 reflect this proposed 
reapportionment of reserve amounts to the original TAC for these 
species and species groups, i.e., each proposed TAC for the above-
mentioned species or species groups contains the full TAC recommended 
by the Council.

Proposed Apportionments of Pollock TAC Among Seasons and Regulatory 
Areas, and Allocations for Processing by Inshore and Offshore 
Components

    In the GOA, pollock is apportioned by season and area, and is 
further allocated for processing by inshore and offshore components. 
Pursuant to Sec.  679.20(a)(5)(iv)(B), the annual pollock TAC specified 
for the Western and Central Regulatory Areas of the GOA is apportioned 
into two seasonal allowances of 50 percent. As established by Sec.  
679.23(d)(2), the A and B season allowances are available from January 
20 through May 31 and September 1 through November 1, respectively.
    The GOA pollock stock assessment continues to use a four-season 
methodology to determine pollock distribution in the Western and 
Central Regulatory Areas of the GOA to maintain continuity in the 
historical pollock apportionment time-series.

[[Page 74108]]

Pollock TACs in the Western and Central Regulatory Areas of the GOA are 
apportioned among Statistical Areas 610, 620, and 630 in proportion to 
the distribution of pollock biomass determined by the most recent NMFS 
surveys, pursuant to Sec.  679.20(a)(5)(iv)(A). The pollock chapter of 
the 2021 SAFE report (see ADDRESSES) contains a comprehensive 
description of the apportionment and reasons for the minor changes from 
past apportionments. For purposes of specifying pollock between two 
seasons for the Western and Central Regulatory Areas of the GOA, NMFS 
has summed the A and B season apportionments and the C and D season 
apportionments as calculated in the 2021 GOA pollock assessment. This 
yields the seasonal amounts specified for the A season and the B 
season, respectively.
    Within any fishing year, the amount by which a seasonal allowance 
is underharvested or overharvested may be added to, or subtracted from, 
subsequent seasonal allowances in a manner to be determined by the 
Regional Administrator (Sec.  679.20(a)(5)(iv)(B)). The rollover amount 
is limited to 20 percent of the subsequent seasonal TAC apportionment 
for the statistical area. Any unharvested pollock above the 20-percent 
limit could be further distributed to the subsequent season in the 
other statistical areas, in proportion to the estimated biomass to the 
subsequent season and in an amount no more than 20 percent of the 
seasonal TAC apportionment in those statistical areas (Sec.  
679.20(a)(5)(iv)(B)). The proposed 2023 and 2024 pollock TACs in the 
WYK District of 6,663 mt and the SEO District of 11,363 mt are not 
allocated by season.
    Table 2 lists the proposed 2023 and 2024 area apportionments and 
seasonal allowances of pollock in the Western and Central Regulatory 
Areas. The amounts of pollock for processing by the inshore and 
offshore components are not shown. Section 679.20(a)(6)(i) requires 
allocation of 100 percent of the pollock TAC in all regulatory areas 
and all seasonal allowances to vessels catching pollock for processing 
by the inshore component after subtraction of amounts projected by the 
Regional Administrator to be caught by, or delivered to, the offshore 
component incidental to directed fishing for other groundfish species. 
Thus, the amount of pollock available for harvest by vessels harvesting 
pollock for processing by the offshore component is the amount that 
will be taken as incidental catch during directed fishing for 
groundfish species other than pollock, up to the maximum retainable 
amounts allowed by Sec.  679.20(e) and (f). At this time, these ICAs of 
pollock are unknown and will be determined during the fishing year 
during the course of fishing activities by the offshore component.

 Table 2--Proposed 2023 and 2024 Distribution of Pollock in the Central and Western Regulatory Areas of the Gulf
                    of Alaska; Area Apportionments; and Seasonal Allowances of Annual TAC \1\
                                 [Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
                                                  Shumigan (area     Chirikof      Kodiak  (area
                   Season \2\                          610)         (area 620)         630)          Total \3\
----------------------------------------------------------------------------------------------------------------
A (January 20-May 31)...........................           1,122          51,845           8,009          60,976
B (September 1-November 1)......................          22,384          16,797          21,795          60,976
                                                 ---------------------------------------------------------------
    Annual Total................................          23,506          68,642          29,803         121,952
----------------------------------------------------------------------------------------------------------------
\1\ Area apportionments and seasonal allowances may not total precisely due to rounding.
\2\ As established by Sec.   679.23(d)(2), the A and B season allowances are available from January 20 through
  May 31 and September 1 through November 1, respectively. The amounts of pollock for processing by the inshore
  and offshore components are not shown in this table.
\3\ The West Yakutat and Southeast Outside District pollock TACs are not allocated by season and are not
  included in the total pollock TACs shown in this table.

Proposed Annual and Seasonal Apportionments of Pacific Cod TAC

    Pursuant to Sec.  679.20(a)(12)(i), NMFS proposes allocations for 
the 2023 and 2024 Pacific cod TACs in the Western and Central 
Regulatory Areas of the GOA among gear and operational sectors. NMFS 
also proposes seasonal apportionments of the Pacific cod TACs in the 
Western and Central Regulatory Areas. A portion of the annual TAC is 
apportioned to the A season for hook-and-line, pot, and jig gear from 
January 1 through June 10, and for trawl gear from January 20 through 
June 10. The remainder of the annual TAC is apportioned to the B season 
for jig gear from June 10 through December 31, for hook-and-line and 
pot gear from September 1 through December 31, and for trawl gear from 
September 1 through November 1 (Sec. Sec.  679.23(d)(3) and 
679.20(a)(12)). NMFS also proposes allocating the 2023 and 2024 Pacific 
cod TACs annually between the inshore (90 percent) and offshore (10 
percent) components in the Eastern Regulatory Area of the GOA (Sec.  
679.20(a)(6)(ii)).
    In the Western GOA, the Pacific cod TAC is apportioned seasonally 
first to vessels using jig gear, and then among catcher vessels (CV) 
using hook-and-line gear, catcher/processors (CP) using hook-and-line 
gear, CVs using trawl gear, CPs using trawl gear, and vessels using pot 
gear (Sec.  679.20(a)(12)(i)(A)). In the Central GOA, the Pacific cod 
TAC is apportioned seasonally first to vessels using jig gear, and then 
among CVs less than 50 feet (15.2 meters (m)) in length overall using 
hook-and-line gear, CVs equal to or greater than 50 feet (15.2 m) in 
length overall using hook-and-line gear, CPs using hook-and-line gear, 
CVs using trawl gear, CPs using trawl gear, and vessels using pot gear 
(Sec.  679.20(a)(12)(i)(B)). For 2023 and 2024, NMFS proposes 
apportioning the jig sector allocations for the Western and Central GOA 
between the A season (60 percent) and the B season (40 percent) (Sec.  
679.20(a)(12)(i)). Excluding seasonal apportionments to the jig gear 
sector, NMFS proposes apportioning the remainder of the annual Pacific 
cod TACs as follows: the seasonal apportionments of the annual TAC in 
the Western GOA are 63.84 percent to the A season and 36.16 percent to 
the B season, and in the Central GOA are 64.16 percent to the A season 
and 35.84 percent to the B season.
    Under Sec.  679.20(a)(12)(ii), any overage or underage of the 
Pacific cod allowance from the A season may be subtracted from, or 
added to, the subsequent B season allowance. In addition, any portion 
of the hook-and-line, trawl, pot, or jig sector allocations that is 
determined by NMFS as likely to go unharvested by a sector may be 
reallocated to other sectors for harvest during the remainder of the 
fishing year.
    Pursuant to Sec.  679.20(a)(12)(i)(A) and (B), a portion of the 
annual Pacific cod TACs in the Western and Central GOA

[[Page 74109]]

will be allocated to vessels with a Federal fisheries permit that use 
jig gear before the TACs are apportioned among other non-jig sectors. 
In accordance with the FMP, the annual jig sector allocations may 
increase to up to 6 percent of the annual Western and Central GOA 
Pacific cod TACs, depending on the annual performance of the jig sector 
(see Table 1 of Amendment 83 to the FMP for a detailed discussion of 
the jig sector allocation process (76 FR 74670, December 1, 2011)). Jig 
sector allocation increases are established for a minimum of 2 years.
    NMFS has evaluated the historical harvest performance of the jig 
sector in the Western and Central GOA, and is proposing the 2023 and 
2024 Pacific cod apportionments to this sector based on its historical 
harvest performance through 2021. For 2023 and 2024, NMFS proposes that 
the jig sector receive 3.5 percent of the annual Pacific cod TAC in the 
Western GOA. The 2023 and 2024 allocations consist of a base allocation 
of 1.5 percent of the Western GOA Pacific cod TAC, and prior historical 
harvest performance increases of 2.0 percent. For 2023 and 2024, NMFS 
also proposes that the jig sector receive 1.0 percent of the annual 
Pacific cod TAC in the Central GOA. The 2023 and 2024 allocations 
consist of a base allocation of 1.0 percent, and no additional 
performance increase in the Central GOA. The 2014 through 2022 Pacific 
cod jig allocations, catch, and percent allocation changes are listed 
in Table 3.

    Table 3--Summary of Western GOA and Central GOA Pacific Cod Catch by Jig Gear in 2014 Through 2022, and Corresponding Percent Allocation Changes
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                 Percent of
             Area                   Year           Initial       Initial TAC     Catch  (mt)       initial       >90% of  initial    Change to  percent
                                               percent of TAC    allocation                      allocation        allocation?           allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Western GOA..................            2014             2.5             573             785             137  Y..................  Increase 1%.
                                         2015             3.5             948              55               6  N..................  None.
                                         2016             3.5             992              52               5  N..................  Decrease 1%.
                                         2017             2.5             635              49               8  N..................  Decrease 1%.
                                         2018             1.5             125             121              97  Y..................  Increase 1%.
                                         2019             2.5             134             134             100  Y..................  Increase 1%.
                                         2020             n/a
                                         2021             3.5             195              26              13  N..................  None.
                                         2022             3.5             195              26              13  N..................  None.
Central GOA..................            2014             2.0             797             262              33  N..................  Decrease 1%.
                                         2015             1.0             460             355              77  N..................  None.
                                         2016             1.0             370             267              72  N..................  None.
                                         2017             1.0             331              18               6  N..................  None.
                                         2018             1.0              61               0               0  N..................  None.
                                         2019             1.0              58              30              52  N..................  None.
                                         2020             n/a
                                         2021             1.0             102              26              26  N..................  None.
                                         2022             1.0             102              26              26  N..................  None.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    NMFS will re-evaluate the annual 2022 harvest performance of the 
jig sector in the Western and Central GOA when the 2022 fishing year is 
complete to determine whether to change the jig sector allocations 
proposed by this action in conjunction with the final 2023 and 2024 
harvest specifications. The current catch through October 2022 by the 
Western GOA jig sector indicates that the Pacific cod allocation 
percentage to this sector would probably decrease in 2022 to 2.5 
percent. Also, the current catch by the Central GOA jig sector 
indicates that this sector's Pacific cod allocation percentage would 
not change in 2022, and would remain at 1 percent. Table 4 lists the 
seasonal apportionments and allocations of the proposed 2023 and 2024 
Pacific cod TACs.

 Table 4--Proposed 2023 and 2024 Seasonal Apportionments and Allocations of Pacific Cod TAC Amounts in the GOA;
   Allocations to the Western GOA and Central GOA Sectors, and the Eastern GOA Inshore and Offshore Processing
                                                   Components
                                 [Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
                                                             A season                        B season
                                                 ---------------------------------------------------------------
                                      Annual          Sector                          Sector
   Regulatory area and sector       allocation     percentage of     Seasonal      percentage of     Seasonal
                                       (mt)       annual non-jig    allowances    annual non-jig    allowances
                                                        TAC            (mt)             TAC            (mt)
----------------------------------------------------------------------------------------------------------------
Western GOA:
    Jig (3.5% of TAC)...........             213             N/A             128             N/A              85
    Hook-and-line CV............              82            0.70              41            0.70              41
    Hook-and-line CP............           1,163           10.90             640            8.90             523
    Trawl CV....................           2,256           31.54           1,853            6.86             403
    Trawl CP....................             141            0.90              53            1.50              88
    Pot CV and Pot CP...........           2,233           19.80           1,163           18.20           1,069
                                 -------------------------------------------------------------------------------
        Total...................           6,089           63.84           3,879           36.16           2,210
----------------------------------------------------------------------------------------------------------------
Central GOA:

[[Page 74110]]

 
    Jig (1.0% of TAC)...........             130             N/A              78             N/A              52
    Hook-and-line <50 CV........           1,874            9.32           1,195            5.29             678
    Hook-and-line >=50 CV.......             861            5.61             720            1.10             141
    Hook-and-line CP............             655            4.11             527            1.00             128
    Trawl CV \1\................           5,336           25.29           3,246           16.29           2,090
    Trawl CP....................             539            2.00             257            2.19             282
    Pot CV and Pot CP...........           3,568           17.83           2,288            9.97           1,280
                                 -------------------------------------------------------------------------------
        Total...................          12,962           64.16           8,311           35.84           4,651
----------------------------------------------------------------------------------------------------------------
Eastern GOA.....................  ..............  Inshore (90% of Annual TAC)
                                  Offshore (10% of Annual TAC)
                                                 ---------------------------------------------------------------
                                           2,045               1,841
                                                205
----------------------------------------------------------------------------------------------------------------
\1\ Trawl catcher vessels participating in Rockfish Program cooperatives receive 3.81 percent, or 494 mt, of the
  annual Central GOA Pacific cod TAC (see Table 28c to 50 CFR part 679). This apportionment is deducted from the
  Trawl CV B season allowance (see Table 9: Proposed 2023 and 2024 Apportionments of Rockfish Secondary Species
  in the Central GOA and Table 28c to 50 CFR part 679).

Proposed Allocations of the Sablefish TAC Amounts to Vessels Using 
Fixed Gear and Trawl Gear

    Section 679.20(a)(4)(i) and (ii) requires allocations of sablefish 
TACs for each of the regulatory areas and districts to fixed and trawl 
gear. In the Western and Central Regulatory Areas, 80 percent of each 
TAC is allocated to fixed gear, and 20 percent of each TAC is allocated 
to trawl gear. In the Eastern Regulatory Area, 95 percent of the TAC is 
allocated to fixed gear, and 5 percent is allocated to trawl gear. The 
trawl gear allocation in the Eastern Regulatory Area may be used only 
to support incidental catch of sablefish while directed fishing for 
other target species using trawl gear (Sec.  679.20(a)(4)(i)).
    In recognition of the prohibition against trawl gear in the SEO 
District of the Eastern Regulatory Area, the Council recommended, and 
NMFS proposes, specifying for incidental catch the allocation of 5 
percent of the Eastern Regulatory Area sablefish (WYK and SEO Districts 
combined) TAC to trawl gear in the WYK District of the Eastern 
Regulatory Area. The remainder of the WYK District sablefish TAC is 
allocated to vessels using fixed gear. This proposed action allocates 
100 percent of the sablefish TAC in the SEO District to vessels using 
fixed gear. This results in proposed 2023 allocations of 428 mt to 
trawl gear and 2,731 mt to fixed gear in the WYK District, a proposed 
2023 allocation of 5,398 mt to fixed gear in the SEO District, and a 
proposed 2024 allocation of 428 mt to trawl gear in the WYK District. 
Table 5 lists the allocations of the proposed 2023 sablefish TACs to 
fixed and trawl gear. Table 6 lists the allocations of the proposed 
2024 sablefish TACs to trawl gear.
    The Council recommended that the trawl sablefish TAC be established 
for 2 years so that retention of incidental catch of sablefish by trawl 
gear could commence in January in the second year of the groundfish 
harvest specifications. Tables 5 and 6 list the proposed 2023 and 2024 
trawl allocations, respectively.
    The Council also recommended that the fixed gear sablefish TAC be 
established annually to ensure that the sablefish individual fishing 
quota (IFQ) fishery is conducted concurrently with the halibut IFQ 
fishery and is based on the most recent survey information. Since there 
is an annual assessment for sablefish and since the final harvest 
specifications are expected to be published before the IFQ season 
begins (typically, in early March), the Council recommended that the 
fixed gear sablefish TAC be set annually, rather than for 2 years, so 
that the best available scientific information could be considered in 
establishing the sablefish ABCs and TACs. Accordingly, Table 5 lists 
the proposed 2023 fixed gear allocations, and the 2024 fixed gear 
allocations will be specified in the 2024 and 2025 harvest 
specifications.
    With the exception of the trawl allocations that are provided to 
the Rockfish Program (see Table 28c to 50 CFR part 679), directed 
fishing for sablefish with trawl gear is closed during the fishing 
year. Also, fishing for groundfish with trawl gear is prohibited prior 
to January 20 (Sec.  679.23(c)). Therefore, it is not likely that the 
sablefish allocation to trawl gear would be reached before the 
effective date of the final 2023 and 2024 harvest specifications.

   Table 5--Proposed 2023 Sablefish TAC Amounts in the Gulf of Alaska and Allocations to Fixed and Trawl Gear
                                 [Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
                                                                                    Fixed gear         Trawl
                          Area/district                                 TAC         allocation      allocation
----------------------------------------------------------------------------------------------------------------
Western.........................................................           3,951           3,161             790
Central \1\.....................................................           9,495           7,596           1,899
West Yakutat \2\................................................           3,159           2,731             428

[[Page 74111]]

 
Southeast Outside...............................................           5,398           5,398               0
                                                                 -----------------------------------------------
    Total.......................................................          22,003          18,886           3,117
----------------------------------------------------------------------------------------------------------------
\1\ The proposed trawl allocation of sablefish to the Central Regulatory Area is further apportioned to the
  Rockfish Program cooperatives (977 mt). See Table 9: Proposed 2023 and 2024 Apportionments of Rockfish
  Secondary Species in the Central GOA. This results in 922 mt being available for the non-Rockfish Program
  trawl fisheries.
\2\ The proposed trawl allocation is based on allocating 5 percent of the Eastern Regulatory Area (West Yakutat
  and Southeast Outside Districts combined) sablefish TAC as incidental catch to trawl gear in the West Yakutat
  District.


       Table 6--Proposed 2024 Sablefish TAC Amounts in the Gulf of Alaska and Allocation to Trawl Gear \1\
                                 [Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
                                                                                    Fixed gear         Trawl
                          Area/district                                 TAC         allocation      allocation
----------------------------------------------------------------------------------------------------------------
Western.........................................................           3,951             n/a             790
Central \2\.....................................................           9,495             n/a           1,899
West Yakutat \3\................................................           3,159             n/a             428
Southeast Outside...............................................           5,398             n/a               0
                                                                 -----------------------------------------------
    Total.......................................................          22,003             n/a           3,117
----------------------------------------------------------------------------------------------------------------
\1\ The Council recommended that the proposed 2024 harvest specifications for the fixed gear sablefish
  Individual Fishing Quota fisheries not be specified in the proposed 2023 and 2024 harvest specifications.
\2\ The proposed trawl allocation of sablefish to the Central Regulatory Area is further apportioned to the
  Rockfish Program cooperatives (977 mt). See Table 9: Proposed 2023 and 2024 Apportionments of Rockfish
  Secondary Species in the Central GOA. This results in 922 mt being available for the non-Rockfish Program
  trawl fisheries.
\3\ The proposed trawl allocation is based on allocating 5 percent of the Eastern Regulatory Area (West Yakutat
  and Southeast Outside Districts combined) sablefish TAC as incidental catch to trawl gear in the West Yakutat
  District.

Proposed Allocations, Apportionments, and Sideboard Limitations for the 
Rockfish Program

    These proposed 2023 and 2024 harvest specifications for the GOA 
include the fishery cooperative allocations and sideboard limitations 
established by the Rockfish Program. Program participants are primarily 
trawl CVs and trawl CPs, with limited participation by vessels using 
longline gear. The Rockfish Program assigns quota share and cooperative 
quota to trawl participants for primary species (Pacific ocean perch, 
northern rockfish, and dusky rockfish) and secondary species (Pacific 
cod, rougheye rockfish, sablefish, shortraker rockfish, and thornyhead 
rockfish), allows a participant holding a license limitation program 
(LLP) license with rockfish quota share to form a rockfish cooperative 
with other persons, and allows holders of CP LLP licenses to opt out of 
the fishery. The Rockfish Program also has an entry level fishery for 
rockfish primary species for vessels using longline gear. Longline gear 
includes hook-and-line, jig, troll, and handline gear.
    Under the Rockfish Program, rockfish primary species in the Central 
GOA are allocated to participants after deducting for incidental catch 
needs in other directed fisheries (Sec.  679.81(a)(2)). Participants in 
the Rockfish Program also receive a portion of the Central GOA TAC of 
specific secondary species. In addition to groundfish species, the 
Rockfish Program allocates a portion of the halibut PSC limit (191 mt) 
from the third season deep-water species fishery allowance for the GOA 
trawl fisheries to Rockfish Program participants (Sec.  679.81(d) and 
Table 28d to 50 CFR part 679). The Rockfish Program also establishes 
sideboard limits to restrict the ability of harvesters operating under 
the Rockfish Program to increase their participation in other, non-
Rockfish Program fisheries. These restrictions and halibut PSC limits 
are discussed in the Rockfish Program Groundfish Sideboard and Halibut 
PSC Limitations section of this rule.
    Section 679.81(a)(2)(ii) and Table 28e to 50 CFR part 679 require 
allocations of 5 mt of Pacific ocean perch, 5 mt of northern rockfish, 
and 50 mt of dusky rockfish to the entry level longline fishery in 2023 
and 2024. The allocation for the entry level longline fishery may 
increase incrementally each year if the catch exceeds 90 percent of the 
allocation of a species. The incremental increase in the allocation 
would continue each year until it reaches the maximum percentage of the 
TAC for that species. In 2022, the catch for all three primary species 
did not exceed 90 percent of any allocated rockfish species. Therefore, 
NMFS is not proposing any increases to the entry level longline fishery 
2023 and 2024 allocations in the Central GOA. The remainder of the TACs 
for the rockfish primary species, after subtracting the ICAs, would be 
allocated to the CV and CP cooperatives (Sec.  679.81(a)(2)(iii)). 
Table 7 lists the allocations of the proposed 2023 and 2024 TACs for 
each rockfish primary species to the entry level longline fishery, the 
potential incremental increases for future years, and the maximum 
percentages of the TACs for the entry level longline fishery.

[[Page 74112]]



 Table 7--Proposed 2023 and 2024 Allocations of Rockfish Primary Species to the Entry Level Longline Fishery in
                                           the Central Gulf of Alaska
----------------------------------------------------------------------------------------------------------------
                                                                        Incremental increase in
                                            Proposed 2023 and 2024      2024 if >90  percent of   Up to  maximum
        Rockfish primary species                  allocations             2023 allocation is         percent of
                                                                               harvested            each TAC of
----------------------------------------------------------------------------------------------------------------
Pacific ocean perch.....................  5 metric tons.............  5 metric tons.............               1
Northern rockfish.......................  5 metric tons.............  5 metric tons.............               2
Dusky rockfish..........................  50 metric tons............  20 metric tons............               5
----------------------------------------------------------------------------------------------------------------

    Section 679.81 requires allocations of rockfish primary species 
among various sectors of the Rockfish Program. Table 8 lists the 
proposed 2023 and 2024 allocations of rockfish primary species in the 
Central GOA to the entry level longline fishery, and rockfish CV and CP 
cooperatives in the Rockfish Program. NMFS also proposes setting aside 
ICAs for other directed fisheries in the Central GOA of 2,500 mt of 
Pacific ocean perch, 300 mt of northern rockfish, and 250 mt of dusky 
rockfish. These amounts are based on recent average incidental catches 
in the Central GOA by other groundfish fisheries.
    Allocations among vessels belonging to CV or CP cooperatives are 
not included in these proposed harvest specifications. Rockfish Program 
applications for CV cooperatives and CP cooperatives are not due to 
NMFS until March 1 of each calendar year; therefore, NMFS cannot 
calculate 2023 and 2024 allocations in conjunction with these proposed 
harvest specifications. NMFS will post the 2023 allocations on the 
Alaska Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports#central-goa-rockfish when they become available after March 1.

  Table 8--Proposed 2023 and 2024 Allocations of Rockfish Primary Species in the Central Gulf of Alaska to the
                 Entry Level Longline Fishery and Rockfish Cooperatives in the Rockfish Program
                                 [Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
                                                                                Allocation  to
                                                  Incidental                       the entry      Allocation to
   Rockfish primary species       Central GOA        catch       TAC minus ICA       level        the Rockfish
                                      TAC          allowance                     longline \1\   cooperatives \2\
                                                     (ICA)                          fishery
----------------------------------------------------------------------------------------------------------------
Pacific ocean perch...........          29,869           2,500          27,369               5            27,364
Northern rockfish.............           3,061             300           2,761               5             2,756
Dusky rockfish................           4,373             250           4,123              50             4,073
                               ---------------------------------------------------------------------------------
    Total.....................          37,303           3,050          34,253              60            34,193
----------------------------------------------------------------------------------------------------------------
\1\ Longline gear includes hook-and-line, jig, troll, and handline gear (50 CFR 679.2).
\2\ Rockfish cooperatives include vessels in CV and CP cooperatives (50 CFR 679.81).

    Section 679.81(c) and Table 28c to 50 CFR part 679 requires 
allocations of rockfish secondary species to CV and CP cooperatives in 
the Central GOA. CV cooperatives receive allocations of Pacific cod, 
sablefish from the trawl gear allocation, and thornyhead rockfish. CP 
cooperatives receive allocations of sablefish from the trawl gear 
allocation, rougheye and blackspotted rockfish, shortraker rockfish, 
and thornyhead rockfish. Table 9 lists the apportionments of the 
proposed 2023 and 2024 TACs of rockfish secondary species in the 
Central GOA to CV and CP cooperatives.

   Table 9--Proposed 2023 and 2024 Apportionments of Rockfish Secondary Species in the Central GOA to Catcher
                                    Vessel and Catcher/Processor Cooperatives
                                           [Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                   Catcher vessel  cooperatives          Catcher/processor
                                                 --------------------------------          cooperatives
   Rockfish secondary species       Central GOA                                  -------------------------------
                                    annual TAC     Percentage of   Apportionment   Percentage of   Apportionment
                                                        TAC            (mt)             TAC            (mt)
----------------------------------------------------------------------------------------------------------------
Pacific cod.....................          12,962            3.81             494            0.00               0
Sablefish.......................           9,495            6.78             644            3.51             333
Shortraker rockfish.............             280            0.00               0           40.00             112
Rougheye and blackspotted                    234            0.00               0           58.87             138
 rockfish.......................
Thornyhead rockfish.............             910            7.84              71           26.50             241
----------------------------------------------------------------------------------------------------------------


[[Page 74113]]

Halibut PSC Limits

    Section 679.21(d) establishes annual halibut PSC limit 
apportionments to trawl and hook-and-line gear, and authorizes the 
establishment of apportionments for pot gear. In October 2022, the 
Council recommended, and NMFS proposes, halibut PSC limits of 1,705 mt 
for trawl gear, 257 mt for hook-and-line gear, and 9 mt for the 
demersal shelf rockfish (DSR) fishery in the SEO District for both 2023 
and 2024.
    The DSR fishery in the SEO District is defined at Sec.  
679.21(d)(2)(ii)(A). This fishery is apportioned 9 mt of the halibut 
PSC limit in recognition of its small-scale harvests of groundfish 
(Sec.  679.21(d)(2)(i)(A)). The separate halibut PSC limit for the DSR 
fishery is intended to prevent that fishery from being impacted from 
the halibut PSC incurred by other GOA fisheries. NMFS estimates low 
halibut bycatch in the DSR fishery because, (1) the duration of the DSR 
fisheries and the gear soak times are short; (2) the DSR fishery occurs 
in the winter when there is less overlap in the distribution of DSR and 
halibut; and (3) the directed commercial DSR fishery has a low DSR TAC. 
The Alaska Department of Fish and Game sets the commercial GHL for the 
DSR fishery after deducting, (1) estimates of DSR incidental catch in 
all fisheries (including halibut and subsistence); and (2) the 
allocation to the DSR sport fish fishery. In 2022, the commercial 
fishery for DSR was closed due to concerns about declining DSR biomass.
    The FMP authorizes the Council to exempt specific gear from the 
halibut PSC limits. NMFS, after consultation with the Council, proposes 
to exempt pot gear, jig gear, and the sablefish IFQ hook-and-line gear 
fishery categories from the non-trawl halibut PSC limit for 2023 and 
2024. The Council recommended, and NMFS is proposing, these exemptions 
because, (1) pot gear fisheries have low annual halibut bycatch 
mortality; (2) IFQ program regulations prohibit discard of halibut if 
any halibut IFQ permit holder on board a CV holds unused halibut IFQ 
for that vessel category and the IFQ regulatory area in which the 
vessel is operating (Sec.  679.7(f)(11)); (3) some sablefish IFQ permit 
holders hold halibut IFQ permits and are therefore required to retain 
the halibut they catch while fishing sablefish IFQ; and (4) NMFS 
estimates negligible halibut mortality for the jig gear fisheries given 
the small amount of groundfish harvested by jig gear, the selective 
nature of jig gear, and the high survival rates of halibut caught and 
released with jig gear.
    The best available information on estimated halibut bycatch 
consists of data collected by fisheries observers during 2022. The 
calculated halibut bycatch mortality through November 3, 2022 is 354 mt 
for trawl gear and 34 mt for hook-and-line gear, for a total halibut 
mortality of 388 mt. This halibut mortality was calculated using 
groundfish and IFQ halibut catch data from the NMFS Alaska Region's 
catch accounting system. This accounting system contains historical and 
recent catch information compiled from each Alaska groundfish and IFQ 
halibut fishery.
    Section 679.21(d)(4)(i) and (ii) authorizes NMFS to seasonally 
apportion the halibut PSC limits after consultation with the Council. 
The FMP and regulations require that the Council and NMFS consider the 
following information in seasonally apportioning halibut PSC limits: 
(1) seasonal distribution of halibut; (2) seasonal distribution of 
target groundfish species relative to halibut distribution; (3) 
expected halibut bycatch needs on a seasonal basis relative to changes 
in halibut biomass and expected catch of target groundfish species; (4) 
expected bycatch rates on a seasonal basis; (5) expected changes in 
directed groundfish fishing seasons; (6) expected actual start of 
fishing effort; and (7) economic effects of establishing seasonal 
halibut allocations on segments of the target groundfish industry. 
Based on public comment, information presented in the 2022 SAFE report, 
NMFS catch data, State catch data, and International Pacific Halibut 
Commission (IPHC) stock assessment and mortality data, the Council may 
recommend, or NMFS may make changes, to the seasonal, gear-type, or 
fishery category apportionments of halibut PSC limits for the final 
2023 and 2024 harvest specifications pursuant to Sec.  679.21(d)(1) and 
(4).
    The final 2022 and 2023 harvest specifications (87 FR 11599, March 
2, 2022) lists the Council's and NMFS's seasonal apportionments based 
on these FMP and regulatory considerations with respect to halibut PSC 
limits. The Council's and NMFS's seasonal apportionments for these 
proposed 2023 and 2024 harvest specifications are unchanged from the 
final 2022 and 2023 harvest specifications. Table 10 lists the proposed 
2023 and 2024 Pacific halibut PSC limits, allowances, and 
apportionments. The halibut PSC limits in Tables 10, 11, and 12 reflect 
the halibut PSC limits set forth at Sec.  679.21(d)(2) and (3). Section 
679.21(d)(4)(iii) and (iv) specifies that any underages or overages of 
a seasonal apportionment of a halibut PSC limit will be added to or 
deducted from the next respective seasonal apportionment within the 
fishing year.

                               Table 10--Proposed 2023 and 2024 Pacific Halibut PSC Limits, Allowances, and Apportionments
                                                               [Values are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                         Trawl gear                                                             Hook-and-line gear \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              Other than DSR                                      DSR
                 Season                    Percent   Amount  -------------------------------------------------------------------------------------------
                                                                        Season             Percent   Amount             Season                Amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
January 20-April 1......................      30.5       519  January 1-June 10.........        86       221  January 1-December 31.....               9
April 1-July 1..........................        20       341  June 10-September 1.......         2         5
July 1-August 1.........................        27       462  September 1-December 31...        12        31
August 1-October 1......................       7.5       128
October 1-December 31...................        15       256
                                         ---------------------------------------------------------------------------------------------------------------
    Total...............................  ........     1,705  ..........................  ........       257  ..........................               9
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Pacific halibut prohibited species catch (PSC) limit for hook-and-line gear is allocated to the demersal shelf rockfish (DSR) fishery in the SEO
  District and to hook-and-line fisheries other than the DSR fishery. The Council recommended, and NMFS proposes, that the hook-and-line sablefish IFQ
  fishery, and the pot and jig gear groundfish fisheries, be exempt from halibut PSC limits.


[[Page 74114]]

    Section 679.21(d)(3)(ii) authorizes further apportionment of the 
trawl halibut PSC limit as bycatch allowances to trawl fishery 
categories listed in Sec.  679.21(d)(3)(iii). The annual apportionments 
are based on each category's share of the anticipated halibut bycatch 
mortality during a fishing year and optimization of the total amount of 
groundfish harvest under the halibut PSC limit. The fishery categories 
for the trawl halibut PSC limits are: (1) a deep-water species fishery, 
composed of sablefish, rockfish, deep-water flatfish, rex sole, and 
arrowtooth flounder; and (2) a shallow-water species fishery, composed 
of pollock, Pacific cod, shallow-water flatfish, flathead sole, Atka 
mackerel, skates, and ``other species'' (sharks and octopuses) (Sec.  
679.21(d)(3)(iii)). Halibut mortality incurred while directed fishing 
for skates with trawl gear accrues towards the shallow-water species 
fishery halibut PSC limit (69 FR 26320, May 12, 2004).
    NMFS will combine available trawl halibut PSC limit apportionments 
in part of the second season deep-water and shallow-water species 
fisheries for use in either fishery from May 15 through June 30 (Sec.  
679.21(d)(4)(iii)(D)). This is intended to maintain groundfish harvest 
while minimizing halibut bycatch by these sectors to the extent 
practicable. This provides the trawl gear deep-water and shallow-water 
species fisheries additional flexibility and the incentive to 
participate in fisheries at times of the year that may have lower 
halibut PSC rates relative to other times of the year.
    Table 11 lists the proposed 2023 and 2024 seasonal apportionments 
of trawl halibut PSC limits between the trawl gear deep-water and the 
shallow-water species fisheries.
    Table 28d to 50 CFR part 679 specifies the amount of the trawl 
halibut PSC limit that is assigned to the CV and CP sectors that are 
participating in the Central GOA Rockfish Program. This includes 117 mt 
of halibut PSC limit to the CV sector and 74 mt of halibut PSC limit to 
the CP sector. These amounts are allocated from the trawl deep-water 
species fishery's halibut PSC third seasonal apportionment. After the 
combined CV and CP halibut PSC limit allocation of 191 mt to the 
Rockfish Program, 150 mt remains for the trawl deep-water species 
fishery's halibut PSC third seasonal apportionment.
    Section 679.21(d)(4)(iii)(B) limits the amount of the halibut PSC 
limit allocated to Rockfish Program participants that could be re-
apportioned to the general GOA trawl fisheries for the last seasonal 
apportionment during the current fishing year to no more than 55 
percent of the unused annual halibut PSC limit apportioned to Rockfish 
Program participants. The remainder of the unused Rockfish Program 
halibut PSC limit is unavailable for use by any person for the 
remainder of the fishing year (Sec.  679.21(d)(4)(iii)(C)).

Table 11--Proposed 2023 and 2024 Apportionment of the Pacific Halibut PSC Limits Between the Trawl Gear Shallow-
                                 Water and Deep-Water Species Fishery Categories
                                           [Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
                             Season                                Shallow-water  Deep-water \1\       Total
----------------------------------------------------------------------------------------------------------------
January 20-April 1..............................................             384             135             519
April 1-July 1..................................................              85             256             341
July 1-August 1.................................................             121             341             462
August 1-October 1..............................................              53              75             128
                                                                 -----------------------------------------------
    Subtotal, January 20-October 1..............................             643             807           1,450
----------------------------------------------------------------------------------------------------------------
October 1-December 31 \2\.......................................  ..............  ..............             256
                                                                 -----------------------------------------------
        Total...................................................  ..............  ..............           1,705
----------------------------------------------------------------------------------------------------------------
\1\ Vessels participating in cooperatives in the Central GOA Rockfish Program will receive 191 mt of the third
  season (July 1 through August 1) deep-water species fishery halibut PSC apportionment.
\2\ There is no apportionment between trawl shallow-water and deep-water species fisheries during the fifth
  season (October 1 through December 31).

    Section 679.21(d)(2)(i)(B) requires that the ``other hook-and-line 
fishery'' halibut PSC limit apportionment to vessels using hook-and-
line gear must be apportioned between CVs and CPs in accordance with 
Sec.  679.21(d)(2)(iii) in conjunction with these harvest 
specifications. A comprehensive description and example of the 
calculations necessary to apportion the ``other hook-and-line fishery'' 
halibut PSC limit between the hook-and-line CV and CP sectors were 
included in the proposed rule to implement Amendment 83 to the FMP (76 
FR 44700, July 26, 2011) and are not repeated here.
    Pursuant to Sec.  679.21(d)(2)(iii), the hook-and-line halibut PSC 
limit for the ``other hook-and-line fishery'' is apportioned between 
the CV and CP sectors in proportion to the total Western and Central 
GOA Pacific cod allocations, which vary annually based on the 
proportion of the Pacific cod biomass between the Western, Central, and 
Eastern GOA. Pacific cod is apportioned among these three management 
areas based on the percentage of overall biomass per area, as 
calculated in the 2021 Pacific cod stock assessment. Updated 
information in the final 2021 SAFE report describes this distributional 
calculation, which allocates ABC among GOA regulatory areas on the 
basis of the three most recent stock surveys. For 2023 and 2024, the 
proposed distribution of the total GOA Pacific cod ABC is 30.3 percent 
to the Western GOA, 60.2 percent to the Central GOA, and 9.5 percent to 
the Eastern GOA. Therefore, the calculations made in accordance with 
Sec.  679.21(d)(2)(iii) incorporate the most recent information on GOA 
Pacific cod distribution and allocations with respect to the proposed 
annual halibut PSC limits for the CV and CP hook-and-line sectors. 
Additionally, the annual halibut PSC limits for both the CV and CP 
sectors of the ``other hook-and-line fishery'' are proposed to be 
divided into three seasonal apportionments, using seasonal percentages 
of 86 percent, 2 percent, and 12 percent.
    For 2023 and 2024, NMFS proposes annual halibut PSC limits of 150 
mt and 107 mt to the hook-and-line CV and hook-and-line CP sectors, 
respectively. Table 12 lists the proposed 2023 and 2024 apportionments 
of halibut PSC limits between the hook-and-line CV

[[Page 74115]]

and the hook-and-line CP sectors of the ``other hook-and-line 
fishery.''
    No later than November 1 of each year, NMFS will calculate the 
projected unused amount of halibut PSC limit by either of the CV or CP 
hook-and-line sectors of the ``other hook-and-line fishery'' for the 
remainder of the year. The projected unused amount of halibut PSC limit 
is made available to the other hook-and-line sector for the remainder 
of that fishing year (Sec.  679.21(d)(2)(iii)(C)), if NMFS determines 
that an additional amount of halibut PSC is necessary for that sector 
to continue its directed fishing operations.

    Table 12--Proposed 2023 and 2024 Apportionments of the ``Other Hook-and-Line Fishery'' Annual Halibut PSC
              Allowance Between the Hook-and-Line Gear Catcher Vessel and Catcher/Processor Sectors
                                           [Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                                      Sector
  ``Other than DSR''   Hook-and-line sector   Sector annual         Season           Seasonal        seasonal
      allowance                                  amount                             percentage        amount
----------------------------------------------------------------------------------------------------------------
257..................  Catcher Vessel......             150  January 1-June 10..              86             129
                                                             June 10-September 1               2               3
                                                             September 1-                     12              18
                                                              December 31.
                       Catcher/Processor...             107  January 1-June 10..              86              92
                                                             June 10-September 1               2               2
                                                             September 1-                     12              13
                                                              December 31.
----------------------------------------------------------------------------------------------------------------

Halibut Discard Mortality Rates

    To monitor halibut bycatch mortality allowances and apportionments, 
the Regional Administrator uses observed halibut incidental catch 
rates, halibut discard mortality rates (DMR), and estimates of 
groundfish catch to project when a fishery's halibut bycatch mortality 
allowance or seasonal apportionment is reached. Halibut incidental 
catch rates are based on observed estimates of halibut incidental catch 
in the groundfish fishery. DMRs are estimates of the proportion of 
incidentally caught halibut that do not survive after being returned to 
the sea. The cumulative halibut mortality that accrues to a particular 
halibut PSC limit is the product of a DMR multiplied by the estimated 
halibut PSC. DMRs are estimated using the best scientific information 
available in conjunction with the annual GOA stock assessment process. 
The DMR methodology and findings are included as an appendix to the 
annual GOA groundfish SAFE report.
    In 2016, the DMR estimation methodology underwent revisions per the 
Council's directive. An interagency halibut working group (IPHC, 
Council, and NMFS staff) developed improved estimation methods that 
have undergone review by the Plan Team, the SSC, and the Council. A 
summary of the revised methodology is contained in the GOA proposed 
2017 and 2018 harvest specifications (81 FR 87881, December 6, 2016), 
and the comprehensive discussion of the working group's statistical 
methodology is available from the Council (see ADDRESSES). The DMR 
working group's revised methodology is intended to improve estimation 
accuracy, transparency, and transferability for calculating DMRs. The 
working group will continue to consider improvements to the methodology 
used to calculate halibut mortality, including potential changes to the 
reference period (the period of data used for calculating the DMRs). 
Future DMRs may change based on additional years of observer sampling, 
which could provide more recent and accurate data and which could 
improve the accuracy of estimation and progress on methodology. The 
methodology will continue to ensure that NMFS is using DMRs that more 
accurately reflect halibut mortality, which will inform the different 
sectors of their estimated halibut mortality and allow specific sectors 
to respond with methods that could reduce mortality and, eventually, 
the DMR for that sector.
    In October 2022, the Council recommended halibut DMRs reviewed by 
the Plan Team and SSC, which are derived from the revised 
methodology.The proposed 2023 and 2024 DMRs use an updated 2-year 
reference period. The Council's motion incorrectly specified some of 
the proposed DMRs, but consistent with the Council's intent, NMFS is 
proposing the DMRs calculated by the Plan Team and reviewed by the SSC 
for the proposed 2023 and 2024 DMRs. Comparing the proposed 2023 and 
2024 DMRs to the final DMRs from the final 2022 and 2023 harvest 
specifications, the proposed DMR for Rockfish Program CVs using non-
pelagic trawl gear decreased to 55 percent from 66 percent, the 
proposed DMR non-Rockfish Program CVs using non-pelagic gear increased 
to 74 percent from 69 percent, the proposed DMR for CPs using hook-and-
line gear decreased to 13 percent from 15 percent, the proposed DMR for 
CVs using hook-and-line gear decreased to 9 percent from 12 percent, 
and the proposed DMR for CPs and CVs using pot gear decreased to 27 
percent from 29 percent. For pelagic trawl gear CVs and CPs, and non-
pelagic trawl mothership and CPs, the DMRs remained the same. Table 13 
lists the proposed 2023 and 2024 DMRs.

       Table 13--Proposed 2023 and 2024 Discard Mortality Rates for Vessels Fishing in the Gulf of Alaska
                               [Values are percent of halibut assumed to be dead]
----------------------------------------------------------------------------------------------------------------
                                                                                                      Halibut
                                                                                                      discard
                  Gear                              Sector                Groundfish fishery      mortality rate
                                                                                                     (percent)
----------------------------------------------------------------------------------------------------------------
Pelagic trawl...........................  Catcher vessel............  All.......................             100
                                          Catcher/processor.........  All.......................             100
Non-pelagic trawl.......................  Catcher vessel............  Rockfish Program..........              55
                                          Catcher vessel............  All others................              74

[[Page 74116]]

 
                                          Mothership and catcher/     All.......................              83
                                           processor.
Hook-and-line...........................  Catcher/processor.........  All.......................              13
                                          Catcher vessel............  All.......................               9
Pot.....................................  Catcher vessel and catcher/ All.......................              27
                                           processor.
----------------------------------------------------------------------------------------------------------------

Chinook Salmon Prohibited Species Catch Limits

    Section 679.21(h)(2) establishes separate Chinook salmon PSC limits 
in the Western and Central regulatory areas of the GOA in the trawl 
pollock directed fishery. These limits require that NMFS close directed 
fishing for pollock in the Western and Central GOA if the applicable 
Chinook salmon PSC limit is reached (Sec.  679.21(h)(8)). The annual 
Chinook salmon PSC limits in the trawl pollock directed fishery of 
6,684 salmon in the Western GOA and 18,316 salmon in the Central GOA 
are set in Sec.  679.21(h)(2)(i) and (ii).
    Section 679.21(h)(3) established an initial annual PSC limit of 
7,500 Chinook salmon for the non-pollock groundfish trawl fisheries in 
the Western and Central GOA. This limit is apportioned among the three 
sectors that conduct directed fishing for groundfish species other than 
pollock: 3,600 Chinook salmon to trawl CPs; 1,200 Chinook salmon to 
trawl CVs participating in the Rockfish Program; and 2,700 Chinook 
salmon to trawl CVs not participating in the Rockfish Program (Sec.  
679.21(h)(4)). NMFS will monitor the Chinook salmon PSC in the trawl 
non-pollock GOA groundfish fisheries and close an applicable sector if 
it reaches its Chinook salmon PSC limit.
    The Chinook salmon PSC limit for two sectors, trawl CPs and trawl 
CVs not participating in the Rockfish Program, may be increased in 
subsequent years based on the performance of these two sectors and 
their ability to minimize their use of their respective Chinook salmon 
PSC limits. If either or both of these two sectors limit its use of 
Chinook salmon PSC to a certain threshold amount in 2022 (3,120 for 
trawl CPs and 2,340 for non-Rockfish Program trawl CVs), that sector 
will receive an increase to its 2023 Chinook salmon PSC limit (4,080 
for trawl CPs and 3,060 for non-Rockfish Program trawl CVs) (Sec.  
679.21(h)(4)). NMFS will evaluate the annual Chinook salmon PSC by 
trawl CPs and non-Rockfish Program trawl CVs when the 2022 fishing year 
is complete to determine whether to increase the Chinook salmon PSC 
limits for these two sectors. Based on preliminary 2022 Chinook salmon 
PSC data, the trawl CP sector may receive an incremental increase of 
Chinook salmon PSC limit in 2023, and the non-Rockfish Program trawl CV 
sector may receive an incremental increase of Chinook salmon PSC limit 
in 2023. This evaluation will be completed in conjunction with the 
final 2023 and 2024 harvest specifications.

American Fisheries Act (AFA) CP and CV Groundfish Harvest and PSC 
Limits

    Section 679.64 establishes groundfish harvesting and processing 
sideboard limits on AFA CPs and CVs in the GOA. These sideboard limits 
are necessary to protect the interests of fishermen and processors who 
do not directly benefit from the AFA from those fishermen and 
processors who receive exclusive harvesting and processing privileges 
under the AFA. Section 679.7(k)(1)(ii) prohibits listed AFA CPs and CPs 
designated on a listed AFA CP permit from harvesting any species of 
fish in the GOA. Additionally, Sec.  679.7(k)(1)(iv) prohibits listed 
AFA CPs and CPs designated on a listed AFA CP permit from processing 
any pollock harvested in a directed pollock fishery in the GOA and any 
groundfish harvested in Statistical Area 630 of the GOA.
    AFA CVs that are less than 125 feet (38.1 meters) length overall, 
have annual landings of pollock in the Bering Sea and Aleutian Islands 
of less than 5,100 mt, and have made at least 40 landings of GOA 
groundfish from 1995 through 1997 are exempt from GOA CV groundfish 
sideboard limits under Sec.  679.64(b)(2)(ii). Sideboard limits for 
non-exempt AFA CVs in the GOA are based on their traditional harvest 
levels of TAC in groundfish fisheries covered by the FMP. Section 
679.64(b)(3)(iv) establishes the CV groundfish sideboard limits in the 
GOA based on the aggregate retained catch by non-exempt AFA CVs of each 
sideboard species from 1995 through 1997 divided by the TAC for that 
species over the same period.
    NMFS published a final rule (84 FR 2723, February 8, 2019) that 
implemented regulations to prohibit non-exempt AFA CVs from directed 
fishing for specific groundfish species or species groups subject to 
sideboard limits (Sec.  679.20(d)(1)(iv)(D) and Table 56 to 50 CFR part 
679). Sideboard limits not subject to the final rule continue to be 
calculated and included in the GOA annual harvest specifications.
    Table 14 lists the proposed 2023 and 2024 groundfish sideboard 
limits for non-exempt AFA CVs. NMFS will deduct all targeted or 
incidental catch of sideboard species made by non-exempt AFA CVs from 
the sideboard limits listed in Table 14.

[[Page 74117]]



 Table 14--Proposed 2023 and 2024 GOA Non-Exempt American Fisheries Act Catcher Vessel (CV) Groundfish Sideboard
                                                     Limits
                                 [Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
                                                                  Ratio of 1995-                   Proposed 2023
                                                                     1997 non-     Proposed 2023   and 2024 non-
           Species              Apportionments    Area/component   exempt AFA CV   and 2024 TACs   exempt AFA CV
                                by season/gear                    catch to 1995-        \3\          sideboard
                                                                     1997 TAC                          limit
----------------------------------------------------------------------------------------------------------------
Pollock......................  A Season,         Shumagin (610).          0.6047           1,122             679
                                January 20-May
                                31.
                                                 Chirikof (620).          0.1167          51,845           6,050
                                                 Kodiak (630)...          0.2028           8,009           1,624
                               B Season,         Shumagin (610).          0.6047          22,384          13,535
                                September 1-
                                November 1.
                                                 Chirikof (620).          0.1167          16,797           1,960
                                                 Kodiak (630)...          0.2028          21,795           4,420
                               Annual..........  WYK (640)......          0.3495           6,663           2,329
                                                 SEO (650)......          0.3495          11,363           3,971
Pacific cod..................  A Season \1\....  W..............          0.1331           3,879             516
                               January 1-June    C..............          0.0692           8,311             575
                                10.
                               B Season \2\,     W..............          0.1331           2,210             294
                                September 1-
                                December 31.
                                                 C..............          0.0692           4,651             322
Flatfish, shallow-water......  Annual..........  W..............          0.0156          13,250             207
                                                 C..............          0.0587          26,743           1,570
Flatfish, deep-water.........  Annual..........  C..............          0.0647           2,105             136
                                                 E..............          0.0128           3,457              44
Rex sole.....................  Annual..........  C..............          0.0384          13,054             501
Arrowtooth flounder..........  Annual..........  C..............          0.0280          67,493           1,890
Flathead sole................  Annual..........  C..............          0.0213          15,400             328
Pacific ocean perch..........  Annual..........  C..............          0.0748          29,869           2,234
                                                 E..............          0.0466           4,712             220
Northern rockfish............  Annual..........  C..............          0.0277           3,061              85
----------------------------------------------------------------------------------------------------------------
\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.
\3\ The Western and Central GOA and WYK District area apportionments of pollock are considered ACLs.

Non-Exempt AFA Catcher Vessel Halibut PSC Limits

    The halibut PSC sideboard limits for non-exempt AFA CVs in the GOA 
are based on the aggregate retained groundfish catch by non-exempt AFA 
CVs in each PSC target category from 1995 through 1997 divided by the 
retained catch of all vessels in that fishery from 1995 through 1997 
(Sec.  679.64(b)(4)(ii)). Table 15 lists the proposed 2023 and 2024 
non-exempt AFA CV halibut PSC limits for vessels using trawl gear in 
the GOA.

 Table 15--Proposed 2023 and 2024 Non-Exempt AFA CV Halibut PSC Sideboard Limits for Vessels Using Trawl Gear in
                                                     the GOA
                               [PSC limits are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
                                                                  Ratio of 1995-
                                                                     1997 non-                     Proposed 2023
                                                                   exempt AFA CV   Proposed 2023   and 2024 non-
      Season            Season dates          Fishery category    retained catch   and 2024 PSC    exempt AFA CV
                                                                     to total          limit         PSC limit
                                                                  retained catch
----------------------------------------------------------------------------------------------------------------
1................  January 20-April 1....  shallow-water........           0.340             384             131
                                           deep-water...........           0.070             135               9
2................  April 1-July 1........  shallow-water........           0.340              85              29
                                           deep-water...........           0.070             256              18
3................  July 1-August 1.......  shallow-water........           0.340             121              41
                                           deep-water...........           0.070             341              24
4................  August 1-October 1....  shallow-water........           0.340              53              18
                                           deep-water...........           0.070              75               5
5................  October 1-December 31.  all targets..........           0.205             256              52
                                          ----------------------------------------------------------------------
Annual...................................  Total shallow-water..  ..............  ..............             219
                  ----------------------------------------------------------------------------------------------
                                           Total deep-water.....  ..............  ..............              56
                  ----------------------------------------------------------------------------------------------
                   Grand Total, all seasons and categories                 1,705             328
----------------------------------------------------------------------------------------------------------------


[[Page 74118]]

Non-AFA Crab Vessel Groundfish Harvest Limitations

    Section 680.22 establishes groundfish sideboard limits for vessels 
with a history of participation in the Bering Sea snow crab fishery to 
prevent these vessels from using the increased flexibility provided by 
the Crab Rationalization (CR) Program to expand their level of 
participation in the GOA groundfish fisheries. Sideboard harvest limits 
restrict these vessels' catch to their collective historical landings 
in each GOA groundfish fishery (except the fixed-gear sablefish 
fishery). Sideboard limits also apply to landings made using an LLP 
license derived from the history of a restricted vessel, even if that 
LLP license is used on another vessel.
    The basis for these sideboard harvest limits is described in detail 
in the final rules implementing the major provisions of the CR Program, 
including Amendments 18 and 19 to the Fishery Management Plan for 
Bering Sea/Aleutian Islands King and Tanner Crabs (Crab FMP) (70 FR 
10174, March 2, 2005), Amendment 34 to the Crab FMP (76 FR 35772, June 
20, 2011), Amendment 83 to the GOA FMP (76 FR 74670, December 1, 2011), 
and Amendment 45 to the Crab FMP (80 FR 28539, May 19, 2015). Also, 
NMFS published a final rule (84 FR 2723, February 8, 2019) that 
implemented regulations to prohibit non-AFA crab vessels from directed 
fishing for all groundfish species or species groups subject to 
sideboard limits, except for Pacific cod apportioned to CVs using pot 
gear in the Western and Central Regulatory Areas (Sec.  
680.22(e)(1)(iii)). Accordingly, the GOA annual harvest specifications 
include only the non-AFA crab vessel groundfish sideboard limits for 
Pacific cod apportioned to CVs using pot gear in the Western and 
Central Regulatory Areas.
    Table 16 lists the proposed 2023 and 2024 groundfish sideboard 
limits for non-AFA crab vessels. All targeted or incidental catch of 
sideboard species made by non-AFA crab vessels or associated LLP 
licenses will be deducted from these sideboard limits.

     Table 16--Proposed 2023 and 2024 GOA Non-American Fisheries Act Crab Vessel Groundfish Sideboard Limits
                                 [Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
                                                                  Ratio of 1996-                   Proposed 2023
                                                                   2000 non-AFA                    and 2024 non-
                                                 Area/component/    crab vessel    Proposed 2023     AFA crab
           Species                Season/gear          gear       catch to 1996-   and 2024 TACs      vessel
                                                                    2000 total                       sideboard
                                                                      harvest                          limit
----------------------------------------------------------------------------------------------------------------
Pacific cod..................  A Season,         Western Pot CV.          0.0997           3,879             387
                                January 1-June
                                10.
                                                 Central Pot CV.          0.0474           8,311             394
                               B Season,         Western Pot CV.          0.0997           2,210             220
                                September 1-
                                December 31.
                                                 Central Pot CV.          0.0474           4,651             220
----------------------------------------------------------------------------------------------------------------

Rockfish Program Groundfish Sideboard and Halibut PSC Limitations

    The Rockfish Program establishes three classes of sideboard 
provisions: CV groundfish sideboard restrictions, CP rockfish sideboard 
restrictions, and CP opt-out vessel sideboard restrictions (Sec.  
679.82(c)(1)). These sideboards are intended to limit the ability of 
rockfish harvesters to expand into other fisheries.
    CVs participating in the Rockfish Program may not participate in 
directed fishing for dusky rockfish, Pacific ocean perch, and northern 
rockfish in the Western GOA and West Yakutat District from July 1 
through July 31. Also, CVs may not participate in directed fishing for 
arrowtooth flounder, deep-water flatfish, and rex sole in the GOA from 
July 1 through July 31 (Sec.  679.82(d)).
    Prior to 2021, CPs participating in Rockfish Program cooperatives 
were restricted by rockfish sideboard limits in the Western GOA. A 
final rule that implemented Amendment 111 to the FMP (86 FR 11895, 
March 1, 2021) removed Western GOA rockfish sideboard ratios for 
Rockfish Program CPs from regulation. That rule also revised and 
clarified the establishment of West Yakutat District rockfish sideboard 
ratios in regulation, rather than specifying the West Yakutat District 
rockfish sideboard ratios in the annual GOA harvest specifications.
    CPs participating in Rockfish Program cooperatives are restricted 
by rockfish and halibut PSC sideboard limits. These CPs are prohibited 
from directed fishing for dusky rockfish, Pacific ocean perch, and 
northern rockfish in the Western GOA and West Yakutat District from 
July 1 through July 31 (Sec.  679.82(e)(2)). The sideboard ratio for 
each rockfish fishery in the West Yakutat District is set forth in 
Sec.  679.82(e)(4). The rockfish sideboard ratio for each rockfish 
fishery in the West Yakutat District is an established percentage of 
the TAC for catcher/processors in the directed fishery for dusky 
rockfish and Pacific ocean perch. These percentages are confidential. 
Holders of CP-designated LLP licenses that opt out of participating in 
a Rockfish Program cooperative will be able to access that portion of 
each rockfish sideboard limits that is not assigned to Rockfish Program 
cooperatives (Sec.  679.82(e)(7)).
    Under the Rockfish Program, the CP sector is subject to halibut PSC 
sideboard limits for the trawl deep-water and shallow-water species 
fisheries from July 1 through July 31 (Sec.  679.82(e)(3) and (5)). 
Halibut PSC sideboard ratios by fishery are set forth in Sec.  
679.82(e)(5). No halibut PSC sideboard limits apply to the CV sector, 
as vessels participating in a rockfish cooperative receive a portion of 
the annual halibut PSC limit. CPs that opt out of the Rockfish Program 
would be able to access that portion of the deep-water and shallow-
water halibut PSC sideboard limit not assigned to CP rockfish 
cooperatives. The sideboard provisions for CPs that elect to opt out of 
participating in a rockfish cooperative are described in Sec.  
679.82(c), (e), and (f). Sideboard limits are linked to the catch 
history of specific vessels that may choose to opt out. After March 1, 
NMFS will determine which CPs have opted-out of the Rockfish Program in 
2023, and will know the ratios and amounts used to calculate opt-out 
sideboard ratios. NMFS will then calculate any applicable opt-out 
sideboard limits for 2023 and post these limits on the Alaska

[[Page 74119]]

Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports#central-goa-rockfish. 
Table 17 lists the proposed 2023 and 2024 Rockfish Program halibut PSC 
sideboard limits for the CP sector.

                     Table 17--Proposed 2023 and 2024 Rockfish Program Halibut PSC Sideboard Limits for the Catcher/Processor Sector
                                                     [Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Shallow-water      Deep-water
                                                                         species          species                       Annual  shallow-   Annual deep-
                                                                         fishery          fishery       Annual halibut   water species    water species
                               Sector                                  halibut PSC      halibut PSC     PSC limit (mt)  fishery halibut  fishery halibut
                                                                     sideboard ratio  sideboard ratio                    PSC  sideboard   PSC  sideboard
                                                                         (percent)        (percent)                       limit  (mt)      limit  (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Catcher/processor..................................................            0.10             2.50            1,705                2               43
--------------------------------------------------------------------------------------------------------------------------------------------------------

Amendment 80 Program Groundfish and PSC Sideboard Limits

    Amendment 80 to the Fishery Management Plan for Groundfish of the 
Bering Sea and Aleutian Islands Management Area (Amendment 80 Program) 
established a limited access privilege program for the non-AFA trawl CP 
sector. The Amendment 80 Program established groundfish and halibut PSC 
limits for Amendment 80 Program participants to limit the ability of 
participants eligible for the Amendment 80 Program to expand their 
harvest efforts in the GOA.
    Section 679.92 establishes groundfish harvesting sideboard limits 
on all Amendment 80 Program vessels, other than the F/V Golden Fleece, 
to amounts no greater than the limits shown in Table 37 to 50 CFR part 
679. Under Sec.  679.92(d), the F/V Golden Fleece is prohibited from 
directed fishing for pollock, Pacific cod, Pacific ocean perch, dusky 
rockfish, and northern rockfish in the GOA.
    Groundfish sideboard limits for Amendment 80 Program vessels 
operating in the GOA are based on their average aggregate harvests from 
1998 through 2004 (72 FR 52668, September 14, 2007). Table 18 lists the 
proposed 2023 and 2024 groundfish sideboard limits for Amendment 80 
Program vessels. NMFS will deduct all targeted or incidental catch of 
sideboard species made by Amendment 80 Program vessels from the 
sideboard limits in Table 18.

        Table 18--Proposed 2023 and 2024 GOA Groundfish Sideboard Limits for Amendment 80 Program Vessels
                                 [Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
                                                                     Ratio of                     Proposed  2023
                                                                   Amendment  80                     and 2024
                                                                      sector      Proposed  2023   Amendment  80
           Species                  Season             Area        vessels 1998-   and 2024 TAC       vessel
                                                                   2004 catch to     (mt) \3\        sideboard
                                                                        TAC                        limits  (mt)
----------------------------------------------------------------------------------------------------------------
Pollock......................  A Season,         Shumagin (610).           0.003           1,122               3
                                January 20-May   Chirikof (620).           0.002          51,845             104
                                31.
                                                 Kodiak (630)...           0.002           8,009              16
                               B Season,         Shumagin (610).           0.003          22,384              67
                                September 1-     Chirikof (620).           0.002          16,797              34
                                November 1.      Kodiak (630)...           0.002          21,795              44
                               Annual..........  WYK (640)......           0.002           6,663              13
Pacific cod..................  A Season \1\,     W..............           0.020           3,879              78
                                January 1-June   C..............           0.044           8,311             366
                                10.
                               B Season \2\,     W..............           0.020           2,210              44
                                September 1-     C..............           0.044           4,651             205
                                December 31.
                               Annual..........  WYK............           0.034           2,045              70
Pacific ocean perch..........  Annual..........  W..............           0.994           2,523           2,508
                                                 WYK............           0.961           1,366           1,313
Northern rockfish............  Annual..........  W..............           1.000           1,859           1,859
Dusky rockfish...............  Annual..........  W..............           0.764             259             198
                                                 WYK............           0.896             412             369
----------------------------------------------------------------------------------------------------------------
\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.
\3\ The Western and Central GOA and WYK District area apportionments of pollock are considered ACLs.

    The halibut PSC sideboard limits for Amendment 80 Program vessels 
in the GOA are based on the historical use of halibut PSC by Amendment 
80 Program vessels in each PSC target category from 1998 through 2004. 
These values are slightly lower than the average historical use to 
accommodate two factors: allocation of halibut PSC cooperative quota 
under the Rockfish Program and the exemption of the F/V Golden Fleece 
from this restriction (Sec.  679.92(b)(2)). Table 19 lists the proposed 
2023 and 2024 halibut PSC sideboard limits for Amendment 80

[[Page 74120]]

Program vessels. This table incorporates the maximum percentages of the 
halibut PSC sideboard limits that may be used by Amendment 80 Program 
vessels as contained in Table 38 to 50 CFR part 679. Any residual 
amount of a seasonal Amendment 80 halibut PSC sideboard limit may carry 
forward to the next season limit (Sec.  679.92(b)(2)).

    Table 19--Proposed 2023 and 2024 Halibut PSC Sideboard Limits for Amendment 80 Program Vessels in the GOA
                                 [Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
                                                                     Historic                      Proposed 2023
                                                                   Amendment 80    Proposed 2023     and 2024
                                                                    use of the       and 2024      Amendment 80
      Season            Season dates          Fishery category    annual halibut    annual PSC      vessel PSC
                                                                     PSC limit      limit  (mt)      sideboard
                                                                      (ratio)                       limit  (mt)
----------------------------------------------------------------------------------------------------------------
1................  January 20-April 1....  shallow-water........          0.0048           1,705               8
                                           deep-water...........          0.0115           1,705              20
2................  April 1-July 1........  shallow-water........          0.0189           1,705              32
                                           deep-water...........          0.1072           1,705             183
3................  July 1-August 1.......  shallow-water........          0.0146           1,705              25
                                           deep-water...........          0.0521           1,705              89
4................  August 1-October 1....  shallow-water........          0.0074           1,705              13
                                           deep-water...........          0.0014           1,705               2
5................  October 1-December 31.  shallow-water........          0.0227           1,705              39
                                           deep-water...........          0.0371           1,705              63
----------------------------------------------------------------------------------------------------------------
Annual...................................  Total shallow-water..  ..............  ..............             117
----------------------------------------------------------------------------------------------------------------
                   Total deep-water......  .....................  ..............             357
                  ----------------------------------------------------------------------------------------------
                   Grand Total, all seasons and categories                                   474
----------------------------------------------------------------------------------------------------------------

Classification

    NMFS is issuing this proposed rule pursuant to section 305(d) of 
the Magnuson-Stevens Act. Through previous actions, the FMP and 
regulations are designed to authorize NMFS to take this action. See 50 
CFR part 679. The NMFS Assistant Administrator has determined that the 
proposed harvest specifications are consistent with the FMP and 
preliminarily determined that the proposed harvest specifications are 
consistent with the Magnuson-Stevens Act and other applicable laws, 
subject to further review after public comment.
    This action is authorized under 50 CFR 679.20 and is exempt from 
review under Executive Order 12866.
    NMFS prepared an EIS for the Alaska groundfish harvest 
specifications and alternative harvest strategies (see ADDRESSES) and 
made it available to the public on January 12, 2007 (72 FR 1512). On 
February 13, 2007, NMFS issued the ROD for the Final EIS. A SIR is 
being prepared for the final 2023 and 2024 harvest specifications to 
provide a subsequent assessment of the action and to address the need 
to prepare a Supplemental EIS (40 CFR 1501.11(b); 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 proposed groundfish harvest 
specifications and alternative harvest strategies on resources in the 
action area. Based on the analysis in the Final EIS, NMFS concluded 
that the preferred Alternative (Alternative 2) provides the best 
balance among relevant environmental, social, and economic 
considerations and allows for continued management of the groundfish 
fisheries based on the most recent, best scientific information.

Initial Regulatory Flexibility Analysis

    This Initial Regulatory Flexibility Analysis (IRFA) was prepared 
for this proposed rule, as required by Section 603 of the Regulatory 
Flexibility Act (RFA) (5 U.S.C. 603), to describe the economic impact 
that this proposed rule, if adopted, would have on small entities. The 
IRFA describes the action; the reasons why this proposed rule is 
proposed; the objectives and legal basis for this proposed rule; the 
estimated number and description of directly regulated small entities 
to which this proposed rule would apply; the recordkeeping, reporting, 
and other compliance requirements of this proposed rule; and the 
relevant Federal rules that may duplicate, overlap, or conflict with 
this proposed rule. The IRFA also describes significant alternatives to 
this proposed rule that would accomplish the stated objectives of the 
Magnuson-Stevens Act, and any other applicable statutes, and that would 
minimize any significant economic impact of this proposed rule on small 
entities. The description of the proposed action, its purpose, and the 
legal basis are explained earlier in the preamble and are not repeated 
here.
    For RFA purposes only, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (see 50 CFR 200.2). A business primarily 
engaged in commercial fishing (North American Industry Classification 
System (NAICS) code 11411) is classified as a small business if it is 
independently owned and operated, is not dominant in its field of 
operation (including its affiliates), and has combined annual receipts 
not in excess of $11 million for all its affiliated operations 
worldwide. A shoreside processor primarily involved in seafood 
processing (NAICS code 311710) is classified as a small business if it 
is independently owned and operated, is not dominant in its field of 
operation (including its affiliates), and has combined annual 
employment, counting all individuals employed on a full-time, part-
time, or other basis, not in excess of 750 employees for all its 
affiliated operations worldwide.

[[Page 74121]]

Number and Description of Small Entities Regulated by This Proposed 
Rule

    The entities directly regulated by the groundfish harvest 
specifications include: (a) entities operating vessels with groundfish 
Federal fisheries permits (FFPs) catching FMP groundfish in Federal 
waters (including those receiving direction allocations of groundfish); 
(b) all entities operating vessels, regardless of whether they hold 
groundfish FFPs, catching FMP groundfish in the State-waters parallel 
fisheries; and (c) all entities operating vessels fishing for halibut 
inside 3 miles of the shore (whether or not they have FFPs).
    In 2021 (the most recent year of complete data), there were 671 
individual CVs and CPs with gross revenues less than or equal to $11 
million. This represents the potential suite of directly regulated 
small entities. This includes an estimated 668 small CV and 3 small CP 
entities in the GOA groundfish sector. The determination of entity size 
is based on vessel revenues and affiliated group revenues. This 
determination also includes an assessment of fisheries cooperative 
affiliations, although actual vessel ownership affiliations have not 
been completely established. However, the estimate of these 671 CVs and 
CPs may be an overstatement of the number of small entities. The CVs 
had average gross revenues that varied by gear type. Average gross 
revenues for hook-and-line CVs, pot gear CVs, and trawl gear CVs are 
estimated to be $390,000, $720,000, and $1.96 million, respectively. 
Average gross revenues for CP entities are confidential.

Description of Significant Alternatives That Minimize Adverse Impacts 
on Small Entities

    The action under consideration is the proposed 2023 and 2024 
harvest specifications, apportionments, and Pacific halibut prohibited 
species catch limits for the groundfish fishery of the GOA. This action 
is necessary to establish harvest limits for groundfish during the 2023 
and 2024 fishing years and is taken in accordance with the FMP prepared 
by the Council pursuant to the Magnuson-Stevens Act. The establishment 
of the proposed harvest specifications is governed by the Council's 
harvest strategy to govern the catch of groundfish in the GOA. This 
strategy was selected from among five alternatives, with the preferred 
alternative harvest strategy being one in which the TACs fall within 
the range of ABCs recommended by the SSC. Under the preferred harvest 
strategy, TACs are set to a level that falls within the range of ABCs 
recommended by the SSC; the sum of the TACs must achieve the OY 
specified in the FMP. While the specific numbers that the harvest 
strategy produces may vary from year to year, the methodology used for 
the preferred harvest strategy remains constant.
    The TACs associated with preferred harvest strategy are those 
recommended by the Council in October 2022. OFLs and ABCs for the 
species were based on recommendations prepared by the Council's Plan 
Team in September 2022, and reviewed by the Council's SSC in October 
2022. The Council based its TAC recommendations on those of its AP, 
which were consistent with the SSC's OFL and ABC recommendations. The 
TACs in these proposed 2023 and 2024 harvest specifications are 
unchanged from the 2023 TACs in the final 2022 and 2023 harvest 
specifications (87 FR 11599; March 2, 2022), and the sum of all TACs 
remains within the OY for the GOA.
    The proposed 2023 and 2024 OFLs and ABCs are based on the best 
available biological information, including projected biomass trends, 
information on assumed distribution of stock biomass, and revised 
technical methods to calculate stock biomass. The proposed 2023 and 
2024 TACs are based on the best available biological and socioeconomic 
information. The proposed 2023 and 2024 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.
    Under this action, the proposed ABCs reflect harvest amounts that 
are less than the specified overfishing levels. The proposed TACs are 
within the range of proposed ABCs recommended by the SSC and do not 
exceed the biological limits recommended by the SSC (the ABCs and 
overfishing levels). For most species and species groups in the GOA, 
the Council recommended, and NMFS proposes, TACs equal to proposed 
ABCs, which is intended to maximize harvest opportunities in the GOA.
    For some species and species groups, however, the Council 
recommended, and NMFS proposes, TACs that are less than the proposed 
ABCs, including for pollock in the W/C/WYK Regulatory Area, Pacific 
cod, shallow-water flatfish in the Western Regulatory Area, arrowtooth 
flounder in the Western Regulatory Area and SEO District, flathead sole 
in the Western and Central Regulatory Areas, other rockfish in the SEO 
District, and Atka mackerel. In the GOA, increasing TACs for some 
species may not result in increased harvest opportunities for those 
species. This is due to a variety of reasons. There may be a lack of 
commercial or market interest in some species. Additionally, there are 
fixed, and therefore constraining, PSC limits associated with the 
harvest of the GOA groundfish species that can lead to an underharvest 
of flatfish TACs. For this reason, the shallow-water flatfish, 
arrowtooth flounder, and flathead sole TACs are set to allow for 
increased harvest opportunities for these target species while 
conserving the halibut PSC limit for use in other fisheries. The other 
rockfish and Atka mackerel TACs are set to accommodate ICAs in other 
fisheries. Finally, the TACs for two species (pollock and Pacific cod) 
cannot be set equal to ABC, as the TAC must be reduced to account for 
the State's GHLs in these fisheries. The W/C/WYK Regulatory Area 
pollock TAC and the GOA Pacific cod TACs are therefore set to account 
for the State's GHLs for the State waters pollock and Pacific cod 
fisheries so that the ABCs are not exceeded. For most species in the 
GOA, the Council recommended, and NMFS proposes, that proposed TACs 
equal proposed ABCs, unless other conservation or management reasons 
support proposed TAC amounts less than the proposed ABCs.
    Based upon the best available scientific data, and in consideration 
of the Council's objectives of this action, it appears that there are 
no significant alternatives to the proposed rule that have the 
potential to accomplish the stated objectives of the Magnuson-Stevens 
Act and any other applicable statutes and that have the potential to 
minimize any significant adverse economic impact of the proposed rule 
on small entities. This action is economically beneficial to entities 
operating in the GOA, including small entities. The action proposes 
TACs for commercially valuable species in the GOA and allows for the 
continued prosecution of the fishery, thereby creating the opportunity 
for fishery revenue. After public process, during which the Council 
solicited input from stakeholders, the Council concluded that the 
proposed harvest specifications would best accomplish the stated 
objectives articulated in the preamble for this proposed rule, and in 
applicable statutes, and would minimize to the extent practicable 
adverse economic impacts on the universe of directly regulated small 
entities.

[[Page 74122]]

    This action does not modify recordkeeping or reporting 
requirements, or duplicate, overlap, or conflict with any Federal 
rules.
    This proposed rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.
    Adverse impacts on marine mammals or endangered or threatened 
species resulting from fishing activities conducted under these harvest 
specifications are discussed in the Final EIS and its accompanying 
annual SIRs (see ADDRESSES).

    Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 1540(f); 16 U.S.C. 
1801 et seq.; 16 U.S.C. 3631 et seq.; Pub. L. 105-277; Pub. L. 106-
31; Pub. L. 106-554; Pub. L. 108-199; Pub. L. 108-447; Pub. L. 109-
241; Pub. L. 109-479.

    Dated: November 23, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2022-26173 Filed 12-1-22; 8:45 am]
BILLING CODE 3510-22-P