[Federal Register Volume 87, Number 239 (Wednesday, December 14, 2022)]
[Proposed Rules]
[Pages 76435-76451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27119]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 221208-0262; RTID 0648-XC365]


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands; 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 prohibited species catch allowances for the 
groundfish fisheries of the Bering Sea and Aleutian Islands (BSAI) 
management area. 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 Bering Sea and Aleutian Islands Management Area (FMP). 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will be superseded in early 2024 when the final 2024 and 2025 harvest 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 BSAI in accordance 
with the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act).

DATES: Comments must be received by January 13, 2023.

ADDRESSES: Submit your comments, identified by NOAA-NMFS-2022-013, by 
either of the following methods:
     Federal e-Rulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2022-0094, click the ``Comment'' 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 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 (SIRs) 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 BSAI, dated November 2021, 
is available from the North Pacific Fishery Management Council 
(Council) at 1007 West 3rd Ave., Suite 400, Anchorage, Alaska 99501, 
phone 907-271-2809, or from the Council's website at https://www.npfmc.org/. The 2022 SAFE report for the BSAI will be available 
from the same source.

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

SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR part 679 
implement the FMP and govern the groundfish fisheries in the BSAI. The 
Council prepared the FMP, and NMFS approved it, under the Magnuson-
Stevens Act. General regulations governing U.S. fisheries also appear 
at 50 CFR part 600.
    The FMP and its implementing regulations require that NMFS, after 
consultation with the Council, specify annually the total allowable 
catch (TAC) for each target species category. The sum of TACs for all 
groundfish species in the BSAI must be within the optimum yield (OY) 
range of 1.4 million to 2.0 million metric tons (mt) (see Sec. Sec.  
679.20(a)(1)(i)(A) and 679.20(a)(2)). Section 679.20(c)(1) further 
requires that NMFS publish proposed harvest specifications in the 
Federal Register and solicit public comments on proposed annual TACs 
and apportionments thereof; prohibited species catch (PSC) allowances; 
prohibited species quota (PSQ) reserves established by Sec.  679.21; 
seasonal allowances of pollock, Pacific cod, and Atka mackerel TAC; 
American Fisheries Act allocations; Amendment 80 allocations; Community 
Development Quota (CDQ) reserve amounts established by Sec.  
679.20(b)(1)(ii); and acceptable biological catch (ABC) surpluses and 
reserves for CDQ groups and Amendment 80 cooperatives for flathead 
sole, rock sole, and yellowfin sole. The proposed harvest 
specifications set forth in Tables 1 through 15 of this action satisfy 
these requirements.
    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 Affecting or Potentially Affecting the 2023 and 2024 
Harvest Specifications

Halibut Abundance-Based Management for the Amendment 80 Program PSC 
Limit

    In December 2021, the Council recommended Amendment 123 to the FMP, 
which if approved would establish abundance-based management of 
Amendment 80 Program PSC for Pacific halibut. The proposed action would 
replace the current Amendment 80 sector static halibut PSC limit (1,745 
mt) with a process for annually setting

[[Page 76436]]

the Amendment 80 sector halibut PSC limit based on the most recent 
halibut abundance estimates from the International Pacific Halibut 
Commission setline survey index and the NMFS Alaska Fisheries Science 
Center Eastern Bering Sea shelf trawl survey index. The annual process 
would be based on a table with pre-established halibut abundance ranges 
from those surveys. The annual Amendment 80 sector halibut PSC limit 
would be set at the value found at the intercept of the results from 
the most recent survey indices. Further details will be available on 
publication of the proposed rule to implement Amendment 123. If the FMP 
amendment and its implementing regulations are approved by the 
Secretary of Commerce, the action is anticipated to be effective in 
2024. Until effective, NMFS will continue to use the current Amendment 
80 halibut PSC limit listed at Sec.  679.21(b)(1) and published in the 
harvest specifications.

Pacific Cod Trawl Cooperative Limited Access Privilege Program

    In October 2021, the Council recommended Amendment 122 to the FMP, 
which if approved would implement a limited access privilege program 
called the Pacific cod Trawl Cooperative (PCTC) Program. The PCTC 
Program would allocate quota share (QS) to groundfish License 
Limitation Program license holders and to processors based on history 
during the qualifying years. Under this program, QS holders would be 
required to join cooperatives annually. Cooperatives would be allocated 
the BSAI trawl catcher vessel sector's A and B season Pacific cod 
allocations as an exclusive harvest privilege in the form of 
cooperative quota, equivalent to the aggregate QS of all cooperative 
members. NMFS anticipates that the regulations at Sec.  
679.20(a)(7)(viii) will be removed through implementation of the PCTC 
Program, if approved. Further details will be available on publication 
of the proposed rule to implement Amendment 122. If the FMP amendment 
and its implementing regulations are approved by the Secretary of 
Commerce, the action is anticipated to be effective in 2024. Until 
effective, NMFS will continue the current management of the BSAI trawl 
catcher vessel Pacific cod allocation.

State of Alaska Guideline Harvest Levels

    For 2023 and 2024, the Board of Fisheries (BOF) for the State of 
Alaska (State) established the guideline harvest level (GHL) for 
vessels using pot, longline, jig, and hand troll gear in State waters 
in the State's Aleutian Islands (AI) State waters sablefish 
registration area that includes all State waters west of Scotch Cap 
Light (164[deg] 44.72' W longitude) and south of Cape Sarichef (54[deg] 
36' N latitude). The 2023 AI GHL is set at 5 percent of the combined 
2023 BS and AI ABC (716 mt). The State's AI sablefish registration area 
includes areas adjacent to parts of the Federal Bering Sea subarea 
(BS). Since most of the State's 2023 and 2024 GHL sablefish fishery is 
expected to occur in State waters adjacent to the BS, the Council and 
its BSAI Groundfish Plan Team (Plan Team), Scientific and Statistical 
Committee (SSC), and Advisory Panel (AP) recommended that the sum of 
all State and Federal waters sablefish removals from the BS not exceed 
the proposed ABC recommendations for sablefish in the BS. Accordingly, 
the Council recommended, and NMFS proposes, that the 2023 and 2024 
sablefish TACs in the BS account for the State's GHLs for sablefish 
caught in State waters.
    For 2023 and 2024, the BOF for the State established the GHL for 
vessels using pot gear in State waters in the BS. The 2022 BS GHL was 
set at 11 percent of the 2022 BS ABC (87 FR 11626, March 2, 2022). The 
State's pot gear BS GHL will increase 1 percent annually up to 15 
percent of the BS ABC, if at least 90 percent of the GHL is harvested 
by November 15 of the preceding year. In 2022, 90 percent of the GHL 
was harvested by November 15, 2022, which triggers a 1 percent increase 
in the GHL in 2023 and results in a 2023 GHL of 12 percent of the 
proposed Pacific cod BS ABC. If at least 90 percent of the 2023 BS GHL 
is not harvested by November 15, 2023, then the 2024 BS GHL will remain 
at the same percent (12 percent) as the 2023 BS GHL. If 90 percent of 
the 2023 BS GHL is harvested by November 15, 2023, then the 2024 BS GHL 
will increase by 1 percent and the 2024 BS TAC will be set to account 
for the increased BS GHL. Also, for 2023 and 2024, the BOF established 
an additional GHL for vessels using jig gear in State waters in the BS 
equal to 45 mt of Pacific cod. The Council and its BSAI Plan Team, SSC, 
and AP recommended that the sum of all State and Federal waters Pacific 
cod removals from the BS not exceed the proposed ABC recommendations 
for Pacific cod in the BS. Accordingly, the Council recommended, and 
NMFS proposes, that the 2023 and 2024 Pacific cod TACs in the BS 
account for the State's GHLs for Pacific cod caught in State waters.
    For 2023 and 2024, the BOF for the State established the GHL in 
State waters in the Aleutian Islands subarea (AI). In 2022, 90 percent 
of the GHL has been harvested by November 15, 2022, and results in a 
2023 GHL of 39 percent of the proposed Pacific cod AI ABC. The AI GHL 
may not exceed 39 percent of the AI ABC or 15 million pounds (6,804 
mt). In 2023, 39 percent of the proposed 2023 and 2024 AI ABC is 8,034 
mt, which exceeds the AI GHL limit of 6,804 mt. The Council and its 
Plan Team, SSC, and AP recommended that the sum of all State and 
Federal waters Pacific cod removals from the AI not exceed the proposed 
ABC recommendations for Pacific cod in the AI. Accordingly, the Council 
recommended, and NMFS proposes, that the 2023 and 2024 Pacific cod TACs 
in the AI account for the State's GHL of 6,804 mt for Pacific cod 
caught in State waters. This change results in a total TAC for the 
proposed 2023 and 2024 harvest specifications of 1,999,284 mt.

Proposed ABC and TAC Harvest Specifications

    In October 2022, the Council's SSC, its AP, and the Council 
reviewed the most recent biological and harvest information on the 
condition of the BSAI groundfish stocks. The Plan Team compiled and 
presented this information in the final 2021 SAFE report for the BSAI 
groundfish fisheries, dated November 2021 (see ADDRESSES). The final 
2022 SAFE report, including individual stock assessments, will be 
available from the same source (see ADDRESSES) and from https://www.fisheries.noaa.gov/alaska/population-assessments/north-pacific-groundfish-stock-assessment-and-fishery-evaluation.
    The proposed 2023 and 2024 harvest specifications are based on the 
final 2023 harvest specifications published in March 2022 (87 FR 11626, 
March 2, 2022), which were set after consideration of the most recent 
2021 SAFE report, and are partially updated with initial survey data 
that were presented at the September 2022 Plan Team meeting. The 
proposed 2023 and 2024 harvest specifications in this action are 
subject to change in the final harvest specifications to be published 
by NMFS following the Council's December 2022 meeting.
    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

[[Page 76437]]

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 
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.

Expectation for Potential Changes Between What Is in These Proposed 
Specifications and What Will Be in the Final Specifications

    In previous years, the most significant changes (relative to the 
amount of assessed tonnage of fish) to the Overfishing Levels (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 or the models' results used for producing stock 
assessments. Any changes to models used in stock assessments will be 
recommended by the Plan Team in November 2022, reviewed by the SSC in 
December 2022, and then included in the final 2022 SAFE report. Model 
changes can result in changes to final OFLs, ABCs, and TACs. The final 
2022 SAFE report will include the most recent information, such as 
catch data.
    The final harvest specification amounts for these stocks are not 
expected to vary greatly from these proposed harvest specification 
amounts. If the 2022 SAFE report indicates that the stock biomass trend 
is increasing for a species, then the final 2023 and 2024 harvest 
specifications 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. In addition to changes driven by 
biomass trends, there may be changes in TACs due to the sum of ABCs 
exceeding 2 million mt. Since the regulations require TACs to be set to 
an OY between 1.4 and 2 million mt, the Council may be required to 
recommend TACs that are lower than the ABCs recommended by the Plan 
Team and the SSC, if setting all TACs equal to ABCs would cause the sum 
of TACs to exceed an OY of 2 million mt. Generally, total ABCs greatly 
exceed 2 million mt in years with a large pollock biomass. For both 
2023 and 2024, NMFS anticipates that the sum of the final ABCs will 
exceed 2 million mt. NMFS expects that the final TACs for the BSAI for 
both 2023 and 2024 will be close to or equal 2 million mt each year.
    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 a series of six tiers to define OFLs and ABCs based on the 
level of reliable information available to fishery scientists. Tier 1 
represents the highest level of information quality available, while 
Tier 6 represents the lowest. The proposed 2023 and 2024 TACs are based 
on the best available biological and socioeconomic information.
    In October 2022, the SSC adopted the proposed 2023 and 2024 OFLs 
and ABCs recommended by the Plan Team for all groundfish. The Council 
adopted the SSC's OFL and ABC recommendations. The OFL and ABC amounts 
are unchanged from the final 2023 harvest specifications published in 
the Federal Register on March 2, 2022 (87 FR 11626). The sum of the 
proposed 2023 and 2024 ABCs for all assessed groundfish is 2,626,251 
mt. The sum of the proposed TACs is 1,999,284 mt.

Specification and Apportionment of TAC Amounts

    The Council recommended proposed 2023 and 2024 TACs that are equal 
to the proposed ABCs for 2023 and 2024 BS pollock, AI sablefish, BS and 
AI Greenland turbot, BSAI Kamchatka flounder, Central AI Atka mackerel, 
BS and Eastern AI Atka mackerel, BS Pacific ocean perch, Central AI 
Pacific ocean perch, Eastern AI Pacific ocean perch, BS and Eastern AI 
blackspotted and rougheye rockfish, Central AI and Western AI 
blackspotted and rougheye rockfish, BSAI shortraker rockfish, and BS 
and AI ``other rockfish.'' The Council recommended proposed TACs less 
than the respective proposed ABCs for all other species. Section 
679.20(a)(5)(iii)(B)(1) requires the AI pollock TAC to be set at 19,000 
mt when the AI pollock ABC equals or exceeds 19,000 mt. The Bogoslof 
pollock TAC is set to accommodate incidental catch amounts. TACs are 
set so that the sum of the overall TAC does not exceed the BSAI OY.
    The proposed groundfish OFLs, ABCs, and TACs are subject to change 
pending the completion of the final 2022 SAFE report, public comment, 
and the Council's recommendations for the final 2023 and 2024 harvest 
specifications during its December 2022 meeting. These proposed 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 have been adjusted for other biological information and 
socioeconomic considerations, including maintaining the entire TAC 
within the required OY range. Pursuant to Section 3.2.3.4.1 of the FMP, 
the Council could recommend adjusting the final TACs ``if warranted on 
the basis of bycatch considerations, management uncertainty, or 
socioeconomic considerations; or if required in order to cause the sum 
of the TACs to fall within the OY range.'' Table 1 lists the proposed 
2023 and 2024 OFL, ABC, TAC, initial TAC (ITAC), and CDQ amounts for 
groundfish for the BSAI. The proposed apportionment of TAC amounts 
among fisheries and seasons is discussed below.

  Table 1--Proposed 2023 and 2024 Overfishing Level (OFL), Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), and CDQ
                                                    Reserve Allocation of Groundfish in the BSAI \1\
                                                              [Amounts are in metric tons]
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                                                                                              Proposed 2023 and 2024
                                                         -----------------------------------------------------------------------------------------------
              Species                       Area                                                                                           Nonspecified
                                                                OFL             ABC             TAC          ITAC \2\         CDQ 3 4        reserves
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Pollock \4\.......................  BS..................       1,704,000       1,289,000       1,289,000       1,160,100         128,900  ..............
                                    AI..................          61,379          50,825          19,000          17,100           1,900  ..............
                                    Bogoslof............         113,479          85,109             250             250  ..............
Pacific cod \5\...................  BS..................         180,909         151,709         133,459         119,179          14,280  ..............
                                    AI..................          27,400          20,600          13,796          12,320           1,476  ..............

[[Page 76438]]

 
Sablefish.........................  Alaska-wide.........          42,520          36,318             n/a             n/a             n/a
                                    BS..................             n/a           6,529           5,813           2,471             218             218
                                    AI..................             n/a           7,786           7,786           1,655             146             146
Yellowfin sole....................  BSAI................         382,035         358,675         230,000         205,390          24,610  ..............
Greenland turbot..................  BSAI................           6,698           5,724           5,724           4,865             n/a
                                    BS..................             n/a           4,825           4,825           4,101             516             207
                                    AI..................             n/a             899             899             764  ..............             135
Arrowtooth flounder...............  BSAI................          97,944          83,389          20,000          17,000           2,140             860
Kamchatka flounder................  BSAI................          11,115           9,393           9,393           7,984  ..............           1,409
Rock sole \6\.....................  BSAI................         280,621         271,199          55,000          49,115           5,885  ..............
Flathead sole \7\.................  BSAI................          80,034          65,988          25,500          22,772           2,729  ..............
Alaska plaice.....................  BSAI................          39,685          32,998          29,082          24,720  ..............           4,362
Other flatfish \8\................  BSAI................          22,919          17,189          10,000           8,500  ..............           1,500
Pacific Ocean perch...............  BSAI................          40,977          34,322          33,952          29,891             n/a
                                    BS..................             n/a           9,956           9,956           8,463  ..............           1,493
                                    EAI.................             n/a           7,774           7,774           6,942             832  ..............
                                    CAI.................             n/a           5,722           5,722           5,110             612  ..............
                                    WAI.................             n/a          10,870          10,500           9,377           1,124  ..............
Northern rockfish.................  BSAI................          22,594          18,538          17,000          14,450  ..............           2,550
Blackspotted/Rougheye rockfish \9\  BSAI................             615             517             517             439  ..............              78
                                    BS/EAI..............             n/a             334             334             284  ..............              50
                                    CAI/WAI.............             n/a             183             183             156  ..............              27
Shortraker rockfish...............  BSAI................             722             541             541             460  ..............              81
Other rockfish\10\................  BSAI................           1,751           1,313           1,313           1,116  ..............             197
                                    BS..................             n/a             919             919             781  ..............             138
                                    AI..................             n/a             394             394             335  ..............              59
Atka mackerel.....................  BSAI................          84,440          71,990          60,958          54,435           6,523  ..............
                                    EAI/BS..............             n/a          25,000          25,000          22,325           2,675  ..............
                                    CAI.................             n/a          15,470          15,470          13,815           1,655  ..............
                                    WAI.................             n/a          31,520          20,488          18,296           2,192  ..............
Skates............................  BSAI................          46,475          38,824          30,000          25,500  ..............           4,500
Sharks............................  BSAI................             689             517             500             425  ..............              75
Octopuses.........................  BSAI................           4,769           3,576             700             595  ..............             105
                                                         -----------------------------------------------------------------------------------------------
    Total.........................  ....................       3,253,770       2,626,251       1,999,284       1,780,731         191,890          17,917
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Regulatory areas and districts are defined at Sec.   679.2 (BSAI=Bering Sea and Aleutian Islands management area, BS=Bering Sea subarea,
  AI=Aleutian Islands subarea, EAI=Eastern Aleutian district, CAI=Central Aleutian district, WAI=Western Aleutian district).
\1\ These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these
  harvest specifications, the Bering Sea subarea (BS) includes the Bogoslof District.
\2\ Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and the Amendment 80 species (Atka mackerel, flathead
  sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 15 percent of each TAC is put into a nonspecified reserve.
  The ITAC for these species is the remainder of the TAC after subtraction of the reserves. For pollock and Amendment 80 species, ITAC is the non-CDQ
  allocation of TAC (see footnote 3 and 4).
\3\ For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 10.7
  percent of the TAC is reserved for use by CDQ participants (see Sec.  Sec.   679.20(b)(1)(ii)(C) and 679.31). 20 percent of the sablefish TAC
  allocated to hook-and-line gear or pot gear, 7.5 percent of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for Bering Sea
  Greenland turbot and BSAI arrowtooth flounder are reserved for use by CDQ participants (see Sec.   679.20(b)(1)(ii)(B) and (D)). The 2024 hook-and-
  line or pot gear portion of the sablefish ITAC and CDQ reserve will not be specified until the final 2024 and 2025 harvest specifications. Aleutian
  Islands Greenland turbot, ``other flatfish,'' Alaska plaice, Bering Sea Pacific ocean perch, Kamchatka flounder, northern rockfish, shortraker
  rockfish, blackspotted and rougheye rockfish, ``other rockfish,'' skates, sharks, and octopuses are not allocated to the CDQ Program.
\4\ Under Sec.   679.20(a)(5)(i)(A), the annual BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second
  for the incidental catch allowance (4.27 percent), is further allocated by sector for a pollock directed fishery as follows: inshore--50 percent;
  catcher/processor--40 percent; and motherships--10 percent. Under Sec.   679.20(a)(5)(iii)(B)(2), the annual Aleutian Islands (AI) pollock TAC, after
  subtracting first for the CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (2,500 mt), is allocated to the
  Aleut Corporation for a pollock directed fishery.
\5\ The proposed BS Pacific cod TAC is set to account for the 12 percent, plus 45 mt, of the BS ABC for the State of Alaska's (State) guideline harvest
  level in State waters of the BS. The proposed AI Pacific cod TAC is set to account for 39 percent of the AI ABC for the State guideline harvest level
  in State waters of the AI, unless the State guideline harvest level would exceed 15 million pounds (6,804 mt), in which case the TAC is set to account
  for the maximum authorized State guideline harvest level of 6,804 mt.
\6\ The sablefish OFL and ABC are Alaska-wide and include the Gulf of Alaska.
\7\ ``Rock sole'' includes Lepidopsetta polyxystra (Northern rock sole) and Lepidopsetta bilineata (Southern rock sole).
\8\ ``Flathead sole'' includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
\9\ ``Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole,
  Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
\10\ ``Blackspotted/Rougheye rockfish'' includes Sebastes melanostictus (blackspotted) and Sebastes aleutianus (rougheye).
\11\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean perch, northern rockfish, blackspotted/
  rougheye rockfish, and shortraker rockfish.

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

    Section 679.20(b)(1)(i) requires NMFS to reserve 15 percent of the 
TAC for each target species category (except for pollock, hook-and-line 
and pot gear allocation of sablefish, and Amendment 80 species) in a 
nonspecified reserve. Section 679.20(b)(1)(ii)(B) requires that NMFS 
allocate 20 percent of the hook-and-line or pot gear allocation of 
sablefish to the fixed gear sablefish CDQ reserve for each subarea. 
Section 679.20(b)(1)(ii)(D) requires that NMFS allocate 7.5 percent of 
the trawl gear allocation of sablefish and 10.7 percent of BS Greenland 
turbot and BSAI arrowtooth flounder TACs to the respective CDQ 
reserves. Section 679.20(b)(1)(ii)(C) requires that NMFS

[[Page 76439]]

allocate 10.7 percent of the TACs for Atka mackerel, AI Pacific ocean 
perch, yellowfin sole, rock sole, flathead sole, and Pacific cod to the 
respective CDQ reserves.
    Sections 679.20(a)(5)(i)(A) and 679.31(a) require allocation of 10 
percent of the BS pollock TAC to the pollock CDQ directed fishing 
allowance (DFA). Sections 679.20(a)(5)(iii)(B)(2)(i) and 679.31(a) 
require 10 percent of the AI pollock TAC be allocated to the pollock 
CDQ DFA. The entire Bogoslof District pollock TAC is allocated as an 
ICA pursuant to Sec.  679.20(a)(5)(ii) because the Bogoslof District is 
closed to directed fishing for pollock by regulation (Sec.  
679.22(a)(7)(B)). With the exception of the hook-and-line or pot gear 
sablefish CDQ reserve, the regulations do not further apportion the CDQ 
reserves by gear.
    Pursuant to Sec.  679.20(a)(5)(i)(A)(1), NMFS proposes a pollock 
ICA of 4.27 percent of the BS pollock TAC after subtracting the 10 
percent CDQ DFA. This allowance is based on NMFS's examination of the 
pollock incidentally retained and discarded catch, including the 
incidental catch by CDQ vessels, in target fisheries other than pollock 
from 2000 through 2022. During this 23-year period, the pollock 
incidental catch ranged from a low of 2.2 percent in 2006 to a high of 
4.6 percent in 2014, with a 23-year average of 3 percent. Pursuant to 
Sec.  679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS proposes a pollock ICA 
of 15 percent or 2,500 mt of the AI pollock TAC after subtracting the 
10 percent CDQ DFA. This allowance is based on NMFS's examination of 
the pollock incidental catch, including the incidental catch by CDQ 
vessels, in target fisheries other than pollock from 2003 through 2022. 
During this 20-year period, the incidental catch of pollock ranged from 
a low of 5 percent in 2006 to a high of 17 percent in 2014, with a 20-
year average of 9 percent.
    After subtracting the 10.7 percent CDQ reserve and pursuant to 
Sec.  679.20(a)(8) and (10), NMFS proposes ICAs of 3,000 mt of flathead 
sole, 6,000 mt of rock sole, 4,000 mt of yellowfin sole, 10 mt of 
Western Aleutian District Pacific ocean perch, 60 mt of Central 
Aleutian District Pacific ocean perch, 100 mt of Eastern Aleutian 
District Pacific ocean perch, 20 mt of Western Aleutian District Atka 
mackerel, 75 mt of Central Aleutian District Atka mackerel, and 800 mt 
of Eastern Aleutian District and BS Atka mackerel. These ICAs are based 
on NMFS's examination of the incidental catch in other target fisheries 
from 2003 through 2022.
    The regulations do not designate the remainder of the nonspecified 
reserve by species or species group. Any amount of the reserve may be 
apportioned to a target species that contributed to the nonspecified 
reserve during the year, provided that such apportionments are 
consistent with Sec.  679.20(a)(3) and do not result in overfishing 
(see Sec.  679.20(b)(1)(i)). In the final 2023 and 2024 harvest 
specifications, NMFS will evaluate whether any apportionments are 
necessary and may apportion from the nonspecified reserve to increase 
the ITAC for any target species that contributed to the reserve.

Allocations of Pollock TAC Under the American Fisheries Act (AFA)

    Section 679.20(a)(5)(i)(A) requires that BS pollock TAC be 
apportioned as a DFA, after subtracting 10 percent for the CDQ Program 
and 4.27 percent for the ICA, as follows: 50 percent to the inshore 
sector, 40 percent to the catcher/processor (CP) sector, and 10 percent 
to the mothership sector. In the BS, 45 percent of the DFAs are 
allocated to the A season (January 20 to June 10), and 55 percent of 
the DFAs are allocated to the B season (June 10 to November 1) 
(Sec. Sec.  679.20(a)(5)(i)(B)(1) and 679.23(e)(2)). The AI directed 
pollock fishery allocation to the Aleut Corporation is the amount of 
pollock TAC remaining in the AI after subtracting 1,900 mt for the CDQ 
DFA (10 percent), and 2,500 mt for the ICA (Sec.  
679.20(a)(5)(iii)(B)(2)). In the AI, the total A season apportionment 
of the pollock TAC (including the AI directed fishery allocation, the 
CDQ DFA, and the ICA) may not exceed 40 percent of the ABC for AI 
pollock, and the remainder of the pollock TAC is allocated to the B 
season (Sec.  679.20(a)(5)(iii)(B)(3)). Table 2 lists these proposed 
2023 and 2024 amounts. Within any fishing year, any under harvest or 
over harvest of a seasonal allowance may be added to or subtracted from 
a subsequent seasonal allowance (Sec. Sec.  679.20(a)(5)(i)(B)(2) and 
679.20(a)(5)(iii)(B)(3)(iii)).
    Section 679.20(a)(5)(iii)(B)(6) sets harvest limits for pollock in 
the A season (January 20 to June 10) in Areas 543, 542, and 541. In 
Area 543, the A season pollock harvest limit is no more than 5 percent 
of the AI pollock ABC. In Area 542, the A season pollock harvest limit 
is no more than 15 percent of the AI pollock ABC. In Area 541, the A 
season pollock harvest limit is no more than 30 percent of the AI 
pollock ABC.
    Section 679.20(a)(5)(i)(A)(4) includes several specific 
requirements regarding BS pollock allocations. First, it requires that 
8.5 percent of the pollock allocated to the CP sector be available for 
harvest by AFA catcher vessels (CVs) with CP sector endorsements, 
unless the Regional Administrator receives a cooperative contract that 
allows the distribution of harvest among AFA CPs and AFA CVs in a 
manner agreed to by all members. Second, AFA CPs not listed in the AFA 
are limited to harvesting no more than 0.5 percent of the pollock 
allocated to the CP sector. Table 2 lists the proposed 2023 and 2024 
allocations of pollock TAC. Tables 13, 14, and 15 list the AFA CP and 
CV harvesting sideboard limits. The BS inshore pollock cooperative and 
open access sector allocations are based on the submission of AFA 
inshore cooperative applications due to NMFS on December 1 of each 
calendar year. Because AFA inshore cooperative applications for 2023 
have not been submitted to NMFS, and NMFS therefore cannot calculate 
2023 allocations, NMFS has not included inshore cooperative tables in 
these proposed harvest specifications. NMFS will post the 2023 AFA 
inshore pollock cooperative and open access sector allocations on the 
Alaska Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports prior to the 
start of the fishing year on January 1, 2023, based on the harvest 
specifications effective on that date.
    Table 2 also lists proposed seasonal apportionments of pollock and 
harvest limits within the Steller Sea Lion Conservation Area (SCA). The 
harvest of pollock within the SCA, as defined at Sec.  
679.22(a)(7)(vii), is limited to no more than 28 percent of the annual 
pollock DFA before 12 p.m. (noon), April 1, as provided in Sec.  
679.20(a)(5)(i)(C). The A season pollock SCA harvest limit will be 
apportioned to each sector in proportion to each sector's allocated 
percentage of the DFA.

[[Page 76440]]



  Table 2--Proposed 2023 and 2024 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ
                                      Directed Fishing Allowances (DFA) \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                   A season \1\
                                                  2023 and 2024  -----------------------------------------------
                Area and sector                    allocations                      SCA harvest
                                                                   A season DFA      limit \2\     B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC.........................        1,289,000             n/a             n/a             n/a
CDQ DFA........................................          128,900          58,005          36,092          70,895
ICA \1\........................................           49,500             n/a             n/a             n/a
Total Bering Sea DFA (non-CDQ).................        1,110,600         499,770         310,968         610,830
AFA Inshore....................................          555,300         249,885         155,484         305,415
AFA Catcher/Processors \3\.....................          444,240         199,908         124,387         244,332
    Catch by CPs...............................          406,480         182,916             n/a         223,564
    Catch by CVs \3\...........................           37,760          16,992             n/a          20,768
        Unlisted CP Limit \4\..................            2,221           1,000             n/a           1,222
AFA Motherships................................          111,060          49,977          31,097          61,083
Excessive Harvesting Limit \5\.................          194,355             n/a             n/a             n/a
Excessive Processing Limit \6\.................          333,180             n/a             n/a             n/a
Aleutian Islands subarea ABC...................           50,825             n/a             n/a             n/a
Aleutian Islands subarea TAC...................           19,000             n/a             n/a             n/a
CDQ DFA........................................            1,900             760             n/a           1,140
ICA............................................            2,500           1,250             n/a           1,250
Aleut Corporation..............................           14,600          14,600             n/a  ..............
Area harvest limit \7\.........................              n/a             n/a             n/a             n/a
    541........................................           15,248             n/a             n/a             n/a
    542........................................            7,624             n/a             n/a             n/a
    543........................................            2,541             n/a             n/a             n/a
Bogoslof District ICA \8\......................              250             n/a             n/a             n/a
----------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec.   679.20(a)(5)(i)(A), the annual Bering Sea subarea pollock TAC, after subtracting the CDQ
  DFA (10 percent) and the ICA (4.27 percent), is allocated as a DFA as follows: inshore sector--50 percent,
  catcher/processor sector (CPs)--40 percent, and mothership sector--10 percent. In the Bering Sea subarea, 45
  percent of the DFAs are allocated to the A season (January 20-June 10) and 55 percent of the DFAs are
  allocated to the B season (June 10-November 1). Pursuant to Sec.   679.20(a)(5)(iii)(B)(2), the annual AI
  pollock TAC, after subtracting first for the CDQ DFA (10 percent) and second for the ICA (2,500 mt), is
  allocated to the Aleut Corporation for a directed pollock fishery. In the AI subarea, the A season is
  allocated no more than 40 percent of the AI pollock ABC.
\2\ In the Bering Sea subarea, pursuant to Sec.   679.20(a)(5)(i)(C), no more than 28 percent of each sector's
  annual DFA may be taken from the SCA before noon, April 1.
\3\ Pursuant to Sec.   679.20(a)(5)(i)(A)(4), 8.5 percent of the allocation to listed CPs shall be available for
  harvest only by eligible catcher vessels with a CP endorsement delivering to listed CPs, unless there is a CP
  sector cooperative for the year.
\4\ Pursuant to Sec.   679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted CPs are limited to harvesting no more than
  0.5 percent of the C/P sector's allocation of pollock.
\5\ Pursuant to Sec.   679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
  percent of the sum of the non-CDQ pollock DFAs.
\6\ Pursuant to Sec.   679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30
  percent of the sum of the non-CDQ pollock DFAs.
\7\ Pursuant to Sec.   679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
  Area 541 no more than 30 percent, in Area 542 no more than 15 percent, and in Area 543 no more than 5 percent
  of the Aleutian Islands pollock ABC.
\8\ Pursuant to Sec.   679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The
  amounts specified are for incidental catch only and are not apportioned by season or sector.

Allocation of the Atka Mackerel TACs

    Section 679.20(a)(8) allocates the Atka mackerel TACs to the 
Amendment 80 and BSAI trawl limited access sectors, after subtracting 
the CDQ reserves, ICAs for the BSAI trawl limited access sector and 
non-trawl gear sectors, and the jig gear allocation (Table 3). The 
percentage of the ITAC for Atka mackerel allocated to the Amendment 80 
and BSAI trawl limited access sectors is listed in Table 33 to 50 CFR 
part 679 and in Sec.  679.91. Pursuant to Sec.  679.20(a)(8)(i), up to 
2 percent of the Eastern Aleutian District and Bering Sea subarea Atka 
mackerel TAC may be allocated to vessels using jig gear. The percentage 
of this allocation is recommended annually by the Council based on 
several criteria, including the anticipated harvest capacity of the jig 
gear fleet. The Council recommended, and NMFS proposes, a 0.5 percent 
allocation of the Atka mackerel TAC in the Eastern Aleutian District 
and Bering Sea subarea to jig gear in 2023 and 2024.
    Section 679.20(a)(8)(ii)(A) apportions the Atka mackerel TAC into 
two equal seasonal allowances. Section 679.23(e)(3) sets the first 
seasonal allowance for directed fishing with trawl gear from January 20 
through June 10 (A season), and the second seasonal allowance from June 
10 through December 31 (B season). Section 679.23(e)(4)(iii) applies 
Atka mackerel seasons to trawl CDQ Atka mackerel fishing. Within any 
fishing year, any under harvest or over harvest of a seasonal allowance 
may be added to or subtracted from a subsequent seasonal allowance 
(Sec.  679.20(a)(8)(ii)(B)). The ICA and jig gear allocations are not 
apportioned by season.
    Section 679.20(a)(8)(ii)(C)(1)(i) and (ii) limits Atka mackerel 
catch within waters 0 nautical miles (nmi) to 20 nmi of Steller sea 
lion sites listed in Table 6 to 50 CFR part 679 and located west of 
178[deg] W longitude to no more than 60 percent of the annual TACs in 
Areas 542 and 543, and equally divides the annual TAC between the A and 
B seasons as defined at Sec.  679.23(e)(3). Section 
679.20(a)(8)(ii)(C)(2) requires that the annual TAC in Area 543 will be 
no more than 65 percent of the ABC in Area 543. Section 
679.20(a)(8)(ii)(D) requires that any unharvested Atka mackerel A 
season allowance that is added to the B season be prohibited from being 
harvested within waters 0 nm to 20 nmi of Steller sea lion sites listed 
in Table

[[Page 76441]]

6 to 50 CFR part 679 and located in Areas 541, 542, and 543.
    Table 3 below lists the proposed 2023 and 2024 Atka mackerel season 
allowances, area allowances, and the sector allocations. One Amendment 
80 cooperative has formed for the 2023 fishing year. Because all 
Amendment 80 vessels are part of the cooperative, no allocation to the 
Amendment 80 limited access sector is required for 2023. The 2024 
allocations for Atka mackerel between Amendment 80 cooperatives and the 
Amendment 80 limited access sector will not be known until eligible 
participants apply for participation in the program by November 1, 
2023. NMFS will post the 2024 Amendment 80 cooperatives and Amendment 
80 limited access sector allocations on the Alaska Region website at 
https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska prior to the start of the fishing year on 
January 1, 2024, based on the harvest specifications effective on that 
date.

   Table 3--Proposed 2023 and 2024 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch
                   Allowance (ICA), and Amendment 80 Allocations of the BSAI Atka Mackerel TAC
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                         2023 and 2024 allocation by area
                                                                 -----------------------------------------------
                                                                      Eastern
              Sector \1\                   Season \2\ \3\ \4\        Aleutian         Central         Western
                                                                     District/       Aleutian        Aleutian
                                                                    Bering Sea     District \5\    District \5\
----------------------------------------------------------------------------------------------------------------
TAC...................................  n/a.....................          25,000          15,470          20,488
CDQ reserve...........................  Total...................           2,675           1,655           2,192
                                        A.......................           1,338             828           1,096
                                        Critical habitat \5\....             n/a             497             658
                                        B.......................           1,338             828           1,096
                                        Critical habitat \5\....             n/a             497             658
non-CDQ TAC...........................  n/a.....................          22,325          13,815          18,296
ICA...................................  Total...................             800              75              20
Jig \6\...............................  Total...................             108  ..............  ..............
BSAI trawl limited access.............  Total...................           2,142           1,374  ..............
                                        A.......................           1,071             687  ..............
                                        Critical habitat \5\....             n/a             412  ..............
                                        B.......................           1,071             687  ..............
                                        Critical habitat \5\....             n/a             412  ..............
Amendment 80 \7\......................  Total...................          19,276          12,366          18,276
                                        A.......................           9,638           6,183           9,138
                                        Critical habitat \5\....             n/a           3,710           5,483
                                        B.......................           9,638           6,183           9,138
                                        Critical habitat \5\....             n/a           3,710           5,483
----------------------------------------------------------------------------------------------------------------
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and the
  jig gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for
  Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50 CFR
  part 679 and Sec.   679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec.
  Sec.   679.20(b)(1)(ii)(C) and 679.31).
\2\ Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel
  fishery.
\3\ The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
\4\ Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from
  January 20 to June 10, and the B season from June 10 to December 31.
\5\ Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to
  be caught inside of Steller sea lion protection areas; Sec.   679.20(a)(8)(ii)(C)(1)(ii) equally divides the
  annual TACs between the A and B seasons as defined at Sec.   679.23(e)(3) and Sec.   679.20(a)(8)(ii)(C)(2)
  requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
\6\ Sections 679.2 and 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian District and Bering
  Sea subarea TAC be allocated to jig gear after subtraction of the CDQ reserves and ICAs. The proposed amount
  of this allocation is 0.5 percent. The jig gear allocation is not apportioned by season.
\7\ The 2024 allocations for Atka mackerel between Amendment 80 cooperatives and the Amendment 80 limited access
  sector will not be known until eligible participants apply for participation in the program by November 1,
  2023.

Allocation of the Pacific Cod TAC

    The Council separated BS and AI subarea OFLs, ABCs, and TACs for 
Pacific cod in 2014 (79 FR 12108, March 4, 2014). Section 
679.20(b)(1)(ii)(C) allocates 10.7 percent of the BS TAC and the AI TAC 
to the CDQ Program. After CDQ allocations have been deducted from the 
respective BS and AI Pacific cod TACs, the remaining BS and AI Pacific 
cod TACs are combined for calculating further BSAI Pacific cod sector 
allocations. If the non-CDQ Pacific cod TAC is or will be reached in 
either the BS or the AI subareas, NMFS will prohibit directed fishing 
for non-CDQ Pacific cod in that subarea, as provided in Sec.  
679.20(d)(1)(iii).
    Section 679.20(a)(7)(ii) allocates to the non-CDQ sectors the 
combined BSAI Pacific cod TAC, after subtracting 10.7 percent for the 
CDQ Program, as follows: 1.4 percent to vessels using jig gear, 2.0 
percent to hook-and-line or pot CVs less than 60 ft (18.3 m) length 
overall (LOA), 0.2 percent to hook-and-line CVs greater than or equal 
to 60 ft (18.3 m) LOA, 48.7 percent to hook-and-line CPs, 8.4 percent 
to pot CVs greater than or equal to 60 ft (18.3 m) LOA, 1.5 percent to 
pot CPs, 2.3 percent to AFA trawl CPs, 13.4 percent to the Amendment 80 
sector, and 22.1 percent to trawl CVs. During the fishing year, NMFS 
may reallocate unharvested Pacific cod among sectors, consistent with 
the reallocation hierarchy set forth at Sec.  679.20(a)(7)(iii). The 
BSAI ICA for the hook-and-line and pot sectors will be deducted from 
the aggregate portion of BSAI Pacific cod TAC allocated to the hook-
and-line and pot sectors. For 2023 and 2024, the Regional Administrator 
proposes a BSAI ICA of 400 mt, based on anticipated incidental catch by 
these sectors in other fisheries.

[[Page 76442]]

    The BSAI ITAC allocation of Pacific cod to the Amendment 80 sector 
is established in Table 33 to 50 CFR part 679 and Sec.  679.91. One 
Amendment 80 cooperative has formed for the 2023 fishing year. Because 
all Amendment 80 vessels are part of the cooperative, no allocation to 
the Amendment 80 limited access sector is required for 2023. The 2024 
allocations for Pacific cod between Amendment 80 cooperatives and the 
Amendment 80 limited access sector will not be known until eligible 
participants apply for participation in the program by November 1, 
2023. NMFS will post the 2024 Amendment 80 cooperatives and Amendment 
80 limited access allocations on the Alaska Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska prior to the start of the fishing year on January 1, 
2024, based on the harvest specifications effective on that date.
    The sector allocations of Pacific cod are apportioned into seasonal 
allowances to disperse the Pacific cod fisheries over the fishing year 
(see Sec. Sec.  679.20(a)(7)(i)(B), 679.20(a)(7)(iv)(A), and 
679.23(e)(5)). Table 4 lists the non-CDQ sector and seasonal 
allowances. In accordance with Sec.  679.20(a)(7)(iv)(B) and (C), any 
unused portion of a non-CDQ Pacific cod seasonal allowance for any 
sector, except the jig sector, will become available at the beginning 
of that sector's next seasonal allowance. Section 679.20(a)(7)(i)(B) 
sets forth the CDQ Pacific cod gear allowances by season, and CDQ 
groups are prohibited from exceeding those seasonal allowances (Sec.  
679.7(d)(6)).
    Section 679.20(a)(7)(vii) requires that the Regional Administrator 
establish an Area 543 Pacific cod harvest limit based on Pacific cod 
abundance in Area 543 as determined by the annual stock assessment 
process. Based on the 2021 stock assessment, the Regional Administrator 
has preliminarily determined for 2023 and 2024 that the estimated 
amount of Pacific cod abundance in Area 543 is 15.7 percent of total AI 
abundance. NMFS will first subtract the State GHL Pacific cod amount 
from the AI Pacific cod ABC. Then NMFS will determine the harvest limit 
in Area 543 by multiplying the percentage of Pacific cod estimated in 
Area 543 (15.7 percent) by the remaining ABC for AI Pacific cod. Based 
on these calculations, which rely on the 2021 stock assessment, the 
proposed Area 543 harvest limit is 2,166 mt. However, the final Area 
543 harvest limit could change if the Pacific cod abundance in Area 543 
changes based on the stock assessment in the final 2022 SAFE report.
    On March 21, 2019, the final rule adopting Amendment 113 to the FMP 
(81 FR 84434, November 23, 2016) was vacated by the U.S. District Court 
for the District of Columbia (Groundfish Forum v. Ross, No. 16-2495 
(D.D.C. March 21, 2019)), and the corresponding regulations 
implementing Amendment 113 are no longer in effect. Therefore, this 
proposed rule is not specifying amounts for the AI Pacific Cod Catcher 
Vessel Harvest Set-Aside Program (see Sec.  679.20(a)(7)(viii)). NMFS 
anticipates that in 2024 the regulations at Sec.  679.20(a)(7)(viii) 
will be removed through implementation of the PCTC Program in a 
proposed rule to implement Amendment 122, if that action is approved by 
the Secretary (described above in Other Actions Affecting or 
Potentially Affecting the 2023 and 2024 Harvest Specifications).
    Based on the proposed 2023 and 2024 Pacific cod TACs, Table 4 lists 
the CDQ and non-CDQ TAC amounts; non-CDQ seasonal allowances by gear; 
the sector allocations of Pacific cod; and the seasons set forth at 
Sec.  679.23(e)(5).

     Table 4--Proposed 2023 and 2024 Sector Allocations and Seasonal Allowances of the BSAI1 Pacific Cod TAC
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                      2023 and 2024 seasonal
                                                   2023 and 2024   2023 and 2024           apportionment
             Sector                   Percent      share of gear     share of    -------------------------------
                                                   sector total    sector total          Season          Amount
----------------------------------------------------------------------------------------------------------------
Total Bering Sea TAC............             n/a         133,459             n/a  n/a................        n/a
Bering Sea CDQ..................             n/a          14,280             n/a  See Sec.                   n/a
                                                                                   679.20(a)(7)(i)(B).
Bering Sea non-CDQ TAC..........             n/a         119,179             n/a  n/a................        n/a
Total Aleutian Islands TAC......             n/a          13,796             n/a  n/a................        n/a
Aleutian Islands CDQ............             n/a           1,476             n/a  See Sec.                   n/a
                                                                                   679.20(a)(7)(i)(B).
Aleutian Islands non-CDQ TAC....             n/a          12,320             n/a  n/a................        n/a
Western Aleutians Islands Limit.             n/a           2,166             n/a  n/a................        n/a
Total BSAI non-CDQ TAC \1\......           100.0         131,499             n/a  n/a................        n/a
Total hook-and-line/pot gear....            60.8          79,951             n/a  n/a................        n/a
Hook-and-line/pot ICA \2\.......             n/a             n/a             400  n/a................        n/a
Hook-and-line/pot sub-total.....             n/a          79,551             n/a  n/a................        n/a
Hook-and-line catcher/processors            48.7             n/a          63,719  Jan-1-Jun 10.......     32,497
                                                                                  Jun 10-Dec 31......     31,223
Hook-and-line catcher vessels                0.2             n/a             262  Jan 1-Jun 10.......        133
 <=60 ft LOA.
                                                                                  Jun 10-Dec 31......        128
Pot catcher/processors..........             1.5             n/a           1,963  Jan 1-Jun 10.......      1,001
                                                                                  Sept 1-Dec 31......        962
Pot catcher vessels >=60 ft LOA.             8.4             n/a          10,991  Jan 1-Jun 10.......      5,605
                                                                                  Sept-1-Dec 31......      5,385
Catcher vessels <60 ft LOA using             2.0             n/a           2,617  n/a................        n/a
 hook-and-line or pot gear.
Trawl catcher vessels...........            22.1          29,061             n/a  Jan 20-Apr 1.......     21,505
                                                                                  Apr 1-Jun 10.......      3,197
                                                                                  Jun 10-Nov 1.......      4,359
AFA trawl catcher/processors....             2.3           3,024             n/a  Jan 20-Apr 1.......      2,268
                                                                                  Apr 1-Jun 10.......        756
                                                                                  Jun 10-Nov 1.......  .........
Amendment 80....................            13.4          17,621             n/a  Jan 20-Apr 1.......     13,216
                                                                                  Apr 1-Jun 10.......      4,405

[[Page 76443]]

 
                                                                                  Jun 10-Dec 31......  .........
Jig.............................             1.4           1,841             n/a  Jan 1-Apr 30.......      1,105
                                                                                  Apr 30-Aug 31......        368
                                                                                  Aug 31-Dec 31......        368
----------------------------------------------------------------------------------------------------------------
Note: Seasonal or sector apportionments may not total precisely due to rounding.
\1\ The sector allocations and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and
  AI Pacific cod TACs, after subtraction of the reserve for the CDQ Program. If the TAC for Pacific cod in
  either the BS or AI is or will be reached, then directed fishing will be prohibited for non-CDQ Pacific cod in
  that subarea, even if a BSAI allowance remains (Sec.   679.20(d)(1)(iii)).
\2\ The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC
  allocated to the hook-and-line and pot sectors. The Regional Administrator proposes an ICA of 400 mt based on
  anticipated incidental catch by these sectors in other fisheries.

Sablefish Gear Allocation

    Section 679.20(a)(4)(iii) and (iv) require allocation of sablefish 
TAC for the BS and AI between trawl gear and hook-and-line or pot gear. 
Gear allocations of the sablefish TAC for the BS are 50 percent for 
trawl gear and 50 percent for hook-and-line or pot gear. Gear 
allocations of the TAC for the AI are 25 percent for trawl gear and 75 
percent for hook-and-line or pot gear. Section 679.20(b)(1)(ii)(B) 
requires that NMFS apportion 20 percent of the hook-and-line or pot 
gear allocation of sablefish TAC to the CDQ reserve for each subarea. 
Also, Sec.  679.20(b)(1)(ii)(D)(1) requires that 7.5 percent of the 
trawl gear allocation of sablefish TAC from the nonspecified reserve, 
established under Sec.  679.20(b)(1)(i), be apportioned to the CDQ 
reserve. The Council recommended that only trawl sablefish TAC be 
established biennially. The harvest specifications for the hook-and-
line or pot gear sablefish Individual Fishing Quota (IFQ) fisheries are 
limited to the 2023 fishing year to ensure those fisheries are 
conducted concurrently with the halibut IFQ fishery. Concurrent 
sablefish and halibut IFQ fisheries reduce the potential for discards 
of halibut and sablefish in those fisheries. The sablefish IFQ 
fisheries remain closed at the beginning of each fishing year until the 
final harvest specifications for the sablefish IFQ fisheries are in 
effect. Table 5 lists the proposed 2023 and 2024 gear allocations of 
the sablefish TAC and CDQ reserve amounts.

                                   Table 5--Proposed 2023 and 2024 Gear Shares and CDQ Reserve of BSAI Sablefish TACS
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           2023 Share of                     2023 CDQ      2024 Share of                     2024 CDQ
            Subarea and gear              Percent of TAC        TAC        2023 ITAC \1\      reserve           TAC          2024 ITAC        reserve
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea:
    Trawl...............................              50           2,907           2,471             218           2,907           2,471             218
    Hook-and-line gear/pot \2\..........              50           2,907             n/a             581             n/a             n/a             n/a
                                         ---------------------------------------------------------------------------------------------------------------
        Total...........................             100           5,813           2,471             799           2,907           2,471             218
--------------------------------------------------------------------------------------------------------------------------------------------------------
Aleutian Islands:
    Trawl...............................              25           1,947           1,655             146           1,947           1,655             146
    Hook-and-line gear/pot \2\..........              75           5,840             n/a           1,168             n/a             n/a             n/a
                                         ---------------------------------------------------------------------------------------------------------------
        Total...........................             100           7,786           1,655           1,314           1,947           1,655             146
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Seasonal or sector apportionments may not total precisely due to rounding.
\1\ For the sablefish TAC allocated to vessels using trawl gear, 15 percent of TAC is apportioned to the nonspecified reserve (Sec.   679.20(b)(1)(i)).
  The ITAC is the remainder of the TAC after the subtraction of this reserve. In the BS and AI, 7.5 percent of the trawl gear allocation of TAC is
  assigned from the nonspecified reserve to the CDQ reserve (Sec.   679.20(b)(1)(ii)(D)(1)).
\2\ For the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the allocated TAC is reserved for use by CDQ participants
  (Sec.   679.20(b)(1)(ii)(B)). The Council recommended that specifications for the hook-and-line and pot gear sablefish IFQ fisheries be limited to 1
  year.

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

    Section 679.20(a)(10)(i) and (ii) require that NMFS allocate AI 
Pacific ocean perch, and BSAI flathead sole, rock sole, and yellowfin 
sole TACs between the Amendment 80 sector and the BSAI trawl limited 
access sector, after subtracting 10.7 percent for the CDQ reserves and 
amounts for ICAs for the BSAI trawl limited access sector and vessels 
using non-trawl gear. The allocation of the ITAC for AI Pacific ocean 
perch, and BSAI flathead sole, rock sole, and yellowfin sole to the 
Amendment 80 sector is established in Tables 33 and 34 to 50 CFR part 
679 and in Sec.  679.91.
    One Amendment 80 cooperative has formed for the 2023 fishing year. 
Because all Amendment 80 vessels are part of the cooperative, no 
allocation to the Amendment 80 limited access sector

[[Page 76444]]

is required for 2023. The 2024 allocations for Amendment 80 species 
between Amendment 80 cooperatives and the Amendment 80 limited access 
sector will not be known until eligible participants apply for 
participation in the program by November 1, 2023. NMFS will post the 
2024 Amendment 80 cooperatives and Amendment 80 limited access sector 
allocations on the Alaska Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska prior to the start of the fishing year on January 1, 
2024, based on the harvest specifications effective on that date. Table 
6 lists the proposed 2023 and 2024 allocations of the AI Pacific ocean 
perch, and BSAI flathead sole, rock sole, and yellowfin sole TACs.

    Table 6--Proposed 2023 and 2024 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAs), and Amendment 80 Allocations of the
                            Aleutian Islands Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACs
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             2023 and 2024 allocations
                                                         -----------------------------------------------------------------------------------------------
                                                                        Pacific ocean perch                Flathead sole     Rock sole    Yellowfin sole
                         Sector                          -----------------------------------------------------------------------------------------------
                                                              Eastern         Central         Western
                                                             Aleutian        Aleutian        Aleutian          BSAI            BSAI            BSAI
                                                             District        District        District
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC.....................................................            7774            5722          10,500          25,500          55,000         230,000
CDQ.....................................................             832             612           1,124           2,729           5,885          24,610
ICA.....................................................             100              60              10           3,000           6,000           4,000
BSAI trawl limited access sector........................             684             505             187  ..............  ..............          45,498
Amendment 80 \1\........................................           6,158           4,545           9,179          19,772          43,115         155,892
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The 2024 allocations between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until eligible participants
  apply for participation in the program by November 1, 2023.

    Section 679.2 defines the ABC surplus for flathead sole, rock sole, 
and yellowfin sole as the difference between the annual ABC and TAC for 
each species. Section 679.20(b)(1)(iii) establishes ABC reserves for 
flathead sole, rock sole, and yellowfin sole. The ABC surpluses and the 
ABC reserves are necessary to mitigate the operational variability, 
environmental conditions, and economic factors that may constrain the 
CDQ groups and the Amendment 80 cooperatives from fully harvesting 
their allocations and to improve the likelihood of achieving and 
maintaining, on a continuing basis, the optimum yield in the BSAI 
groundfish fisheries. NMFS, after consultation with the Council, may 
set the ABC reserve at or below the ABC surplus for each species, thus 
maintaining the TAC at or below ABC limits. An amount equal to 10.7 
percent of the ABC reserves will be allocated as CDQ ABC reserves for 
flathead sole, rock sole, and yellowfin sole. Section 679.31(b)(4) 
establishes the annual allocations of CDQ ABC reserves among the CDQ 
groups. The Amendment 80 ABC reserves are the ABC reserves minus the 
CDQ ABC reserves and are allocated to Amendment 80 cooperatives 
pursuant to Sec.  679.91(i)(2), which establishes each Amendment 80 
cooperative ABC reserve to be the ratio of each cooperatives' quota 
share units and the total Amendment 80 quota share units, multiplied by 
the Amendment 80 ABC reserve for each respective species. Table 7 lists 
the proposed 2023 and 2024 ABC surplus and ABC reserves for BSAI 
flathead sole, rock sole, and yellowfin sole.

 Table 7--Proposed 2023 and 2024 ABC Surplus, ABC Reserves, Community Development Quota (CDQ) ABC Reserves, and
             Amendment 80 ABC Reserves in the BSAI for Flathead Sole, Rock Sole, and Yellowfin Sole
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                   Flathead sole                  Yellowfin sole
                             Sector                                     \1\        Rock sole \1\        \1\
----------------------------------------------------------------------------------------------------------------
ABC.............................................................          65,988         271,199         358,675
TAC.............................................................          25,500          55,000         230,000
ABC surplus.....................................................          40,488         216,199         128,675
ABC reserve.....................................................          40,488         216,199         128,675
CDQ ABC reserve.................................................           4,332          23,133          13,768
Amendment 80 ABC reserve........................................          36,156         193,066         114,907
----------------------------------------------------------------------------------------------------------------
\1\ The 2024 allocations between Amendment 80 cooperatives and the Amendment 80 limited access sector will not
  be known until eligible participants apply for participation in the program by November 1, 2023.

Proposed PSC Limits for Halibut, Salmon, Crab, and Herring

    Section 679.21(b), (e), (f), and (g) set forth the BSAI PSC limits. 
Pursuant to Sec.  679.21(b)(1), the annual BSAI halibut PSC limits 
total 3,515 mt. Section 679.21(b)(1) allocates 315 mt of the halibut 
PSC limit as the PSQ reserve for use by the groundfish CDQ Program, 
1,745 mt of the halibut PSC limit for the Amendment 80 sector, 745 mt 
of the halibut PSC limit for the BSAI trawl limited access sector, and 
710 mt of the halibut PSC limit for the BSAI non-trawl sector.
    Section 679.21(b)(1)(iii)(A) and (B) require apportionment of the 
BSAI non-trawl halibut PSC limit into PSC allowances among six fishery 
categories, and Sec.  679.21(b)(1)(ii)(A) and (B), (e)(3)(i)(B), and 
(e)(3)(iv) require apportionment of the BSAI trawl limited access 
sector's halibut and crab PSC

[[Page 76445]]

limits into PSC allowances among seven fishery categories. Table 10 
lists the proposed fishery PSC allowances for the BSAI trawl limited 
access sector fisheries, and Table 11 lists the proposed fishery PSC 
allowances for the non-trawl fisheries.
    Pursuant to Section 3.6 of the FMP, the Council recommends, and 
NMFS proposes, that certain specified non-trawl fisheries be exempt 
from the halibut PSC limit. As in past years, after consultation with 
the Council, NMFS proposes to exempt the pot gear fishery, the jig gear 
fishery, and the sablefish IFQ hook-and-line gear fishery categories 
from halibut bycatch restrictions for the following reasons: (1) the 
pot gear fisheries have low halibut bycatch mortality; (2) NMFS 
estimates halibut mortality for the jig gear fleet to be negligible 
because of the small size of the fishery and the selectivity of the 
gear; and (3) the sablefish and halibut IFQ fisheries have low halibut 
bycatch mortality because the IFQ Program requires legal-size halibut 
to be retained by vessels using fixed gear if a halibut IFQ permit 
holder or a hired master is aboard and is holding unused halibut IFQ 
for that vessel category and the IFQ regulatory area in which the 
vessel is operating (Sec.  679.7(f)(11)).
    As of November 9, 2022, total groundfish catch for the pot gear 
fishery in the BSAI was 21,177 mt, with an associated halibut bycatch 
mortality of 25 mt. The 2022 jig gear fishery harvested about 0 mt of 
groundfish. Most vessels in the jig gear fleet are exempt from observer 
coverage requirements. As a result, observer data are not available on 
halibut bycatch in the jig gear fishery. As mentioned above, NMFS 
estimates a negligible amount of halibut bycatch mortality because of 
the selective nature of jig gear and the low mortality rate of halibut 
caught with jig gear and released.
    Under Sec.  679.21(f)(2), NMFS annually allocates portions of 
either 33,318, 45,000, 47,591, or 60,000 Chinook salmon PSC limits 
among the AFA sectors, depending on past bycatch performance, on 
whether Chinook salmon bycatch incentive plan agreements (IPAs) are 
formed, and on whether NMFS determines it is a low Chinook salmon 
abundance year. NMFS will determine that it is a low Chinook salmon 
abundance year when abundance of Chinook salmon in western Alaska is 
less than or equal to 250,000 Chinook salmon. The State provides to 
NMFS an estimate of Chinook salmon abundance using the 3-System Index 
for western Alaska, based on the Kuskokwim, Unalakleet, and Upper Yukon 
aggregate stock grouping.
    If an AFA sector participates in an approved IPA and has not 
exceeded its performance standard under Sec.  679.21(f)(6), and if it 
is not a low Chinook salmon abundance year, then NMFS will allocate a 
portion of the 60,000 Chinook salmon PSC limit to that sector as 
specified in Sec.  679.21(f)(3)(iii)(A). If no IPA is approved, or if 
the sector has exceeded its performance standard under Sec.  
679.21(f)(6), and if it is not a low abundance year, then NMFS will 
allocate a portion of the 47,591 Chinook salmon PSC limit to that 
sector as specified in Sec.  679.21(f)(3)(iii)(C). If an AFA sector 
participates in an approved IPA and has not exceeded its performance 
standard under Sec.  679.21(f)(6) in a low abundance year, then NMFS 
will allocate a portion of the 45,000 Chinook salmon PSC limit to that 
sector as specified in Sec.  679.21(f)(3)(iii)(B). If no IPA is 
approved, or if the sector has exceeded its performance standard under 
Sec.  679.21(f)(6), and if in a low abundance year, then NMFS will 
allocate a portion of the 33,318 Chinook salmon PSC limit to that 
sector as specified in Sec.  679.21(f)(3)(iii)(D).
    NMFS has determined that 2022 was a low Chinook salmon abundance 
year, based on the State's estimate that Chinook salmon abundance in 
western Alaska is less than 250,000 Chinook salmon. Therefore, in 2023, 
the Chinook salmon PSC limit is 45,000 Chinook salmon, allocated to 
each sector as specified in Sec.  679.21(f)(3)(iii)(B). The AFA sector 
Chinook salmon PSC allocations are also seasonally apportioned with 70 
percent of the allocation for the A season pollock fishery, and 30 
percent of the allocation for the B season pollock fishery (Sec. Sec.  
679.21(f)(3)(i) and 679.23(e)(2)). In 2023, the Chinook salmon bycatch 
performance standard under Sec.  679.21(f)(6) is 33,318 Chinook salmon, 
allocated to each sector as specified in Sec.  679.21(f)(3)(iii)(D). 
NMFS publishes the approved IPAs, allocations, and reports at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska.
    Section 679.21(g)(2)(i) specifies 700 fish as the 2023 and 2024 
Chinook salmon PSC limit for the AI pollock fishery. Section 
679.21(g)(2)(ii) allocates 7.5 percent, or 53 Chinook salmon, as the AI 
PSQ reserve for the CDQ Program, and allocates the remaining 647 
Chinook salmon to the non-CDQ fisheries.
    Section 679.21(f)(14)(i) specifies 42,000 fish as the 2023 and 2024 
non-Chinook salmon PSC limit for vessels using trawl gear from August 
15 through October 14 in the Catcher Vessel Operational Area (CVOA). 
Section 679.21(f)(14)(ii) allocates 10.7 percent, or 4,494 non-Chinook 
salmon, in the CVOA as the PSQ reserve for the CDQ Program, and 
allocates the remaining 37,506 non-Chinook salmon in the CVOA to the 
non-CDQ fisheries. Section 679.21(f)(14)(iv) exempts from closures in 
the Chum Salmon Savings Area trawl vessels participating in directed 
fishing for pollock and operating under an IPA approved by NMFS.
    PSC limits for crab and herring are specified annually based on 
abundance and spawning biomass. Due to the lack of new information as 
of October 2022 regarding herring PSC limits and apportionments, the 
Council recommended, and NMFS proposes, basing the proposed 2023 and 
2024 herring PSC limits and apportionments on the 2021 survey data. The 
Council will reconsider these amounts in December 2022. Section 
679.21(e)(3)(i)(A)(1) allocates 10.7 percent of each trawl gear PSC 
limit specified for crab as a PSQ reserve for use by the groundfish CDQ 
Program.
    Based on the most recent (2022) survey data, the red king crab 
mature female abundance is estimated at 8.004 million red king crabs, 
and the effective spawning biomass is estimated at 19.607 million lbs 
(8,894 mt). Based on the criteria set out at Sec.  679.21(e)(1)(i), the 
proposed 2023 and 2024 PSC limit of red king crab in Zone 1 for trawl 
gear is 32,000 animals. This limit derives from the mature female 
abundance estimate, which is below 8.4 million mature red king crab.
    Section 679.21(e)(3)(ii)(B)(2) establishes criteria under which 
NMFS must specify an annual red king crab bycatch limit for the Red 
King Crab Savings Subarea (RKCSS) if the State has established a GHL 
fishery for red king crab in the Bristol Bay area in the previous year. 
The Alaska Department of Fish and Game and NMFS have reviewed the final 
2022 NMFS trawl survey data for the Bristol Bay red king crab stock. 
The stock is estimated to be below the regulatory threshold for opening 
a fishery. Therefore, the State did not establish a GHL for the Bristol 
Bay red king crab fishery, and the fishery will remain closed for the 
2022/2023 crab season. Since the State did not establish a GHL, NMFS 
and the Council will not specify an amount of the red king crab bycatch 
limit, annually established under Sec.  679.21(e)(1)(i), for the RKCSS. 
Also, NMFS will close directed fishing for groundfish for vessels using 
non-pelagic trawl gear in the RKCSS for 2023. NMFS and the

[[Page 76446]]

Council will assess the RKCSS closure for 2024 if the Alaska Department 
of Fish and Game establishes a GHL for the 2023/2024 red king crab 
fishery in the Bristol Bay area. Based on the most recent (2022) survey 
data from the NMFS annual bottom trawl survey, Tanner crab 
(Chionoecetes bairdi, or C. bairdi) abundance is estimated at 381 
million animals. Pursuant to criteria set out at Sec.  
679.21(e)(1)(ii), the calculated 2023 and 2024 C. bairdi crab PSC limit 
for trawl gear is 830,000 animals in Zone 1, and 2,520,000 animals in 
Zone 2. The limit in Zone 1 is based on the abundance of C. bairdi 
(estimated at 381 million animals), which is greater than 270 million 
but less than 400 million animals. The limit in Zone 2 is based on the 
abundance of C. bairdi (estimated at 381 million animals), which is 
greater than 290 million but less than 400 million animals.
    Pursuant to Sec.  679.21(e)(1)(iii), the PSC limit for trawl gear 
for snow crab (C. opilio) is based on total abundance as indicated by 
the NMFS annual bottom trawl survey. The C. opilio crab PSC limit in 
the C. opilio bycatch limitation zone (COBLZ) is set at 0.1133 percent 
of the Bering Sea abundance index minus 150,000 crabs, unless a minimum 
or maximum PSC limit applies. Based on the most recent (2022) survey 
estimate of 2.584 billion animals, the calculated C. opilio crab PSC 
limit is 2,927,672 animals. Because 0.1133 percent multiplied by the 
total abundance is less than 4.5 million, the minimum PSC limit applies 
and the PSC limit will be 4.350 million animals.
    Pursuant to Sec.  679.21(e)(1)(v), the PSC limit of Pacific herring 
caught while conducting any trawl operation for BSAI groundfish is 1 
percent of the annual eastern Bering Sea herring biomass. The best 
current estimate of 2023 and 2024 herring biomass is 381,876 mt. This 
amount was developed by the Alaska Department of Fish and Game based on 
biomass for spawning aggregations. Therefore, the herring PSC limit 
proposed for 2023 and 2024 is 3,819 mt for all trawl gear as listed in 
Tables 8 and 9. The Council and NMFS will reconsider the proposed 
herring PSC limit if updated information on biomass becomes available.
    Section 679.21(e)(3)(i)(A) requires that crab PSQ reserves be 
subtracted from the total trawl PSC limits. The 2023 crab and halibut 
PSC limits assigned to the Amendment 80 and BSAI trawl limited access 
sectors are listed in Table 35 to 50 CFR part 679. The resulting 
proposed 2023 and 2024 allocations of crab and halibut PSC limits to 
CDQ PSQ, the Amendment 80 sector, and the BSAI trawl limited access 
sector are listed in Table 8. Pursuant to Sec. Sec.  679.21(b)(1)(i), 
679.21(e)(3)(vi), and 679.91(d) through (f), crab and halibut trawl PSC 
limits assigned to the Amendment 80 sector are then further allocated 
to Amendment 80 cooperatives as cooperative quotas. Crab and halibut 
PSC cooperative quotas assigned to Amendment 80 cooperatives are not 
allocated to specific fishery categories.
    One Amendment 80 cooperative has formed for the 2023 fishing year. 
Because all Amendment 80 vessels are part of the cooperative, no PSC 
limit allocation to the Amendment 80 limited access sector is required 
for 2023. The 2024 PSC limit allocations between Amendment 80 
cooperatives and the Amendment 80 limited access sector will not be 
known until eligible participants apply for participation in the 
program by November 1, 2023. NMFS will post the 2024 Amendment 80 
cooperatives and Amendment 80 limited access sector allocations on the 
Alaska Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska prior to the start 
of the fishing year on January 1, 2024, based on the harvest 
specifications effective on that date.
    Section 679.21(b)(2) and (e)(5) authorize NMFS, after consulting 
with the Council, to establish seasonal apportionments of halibut and 
crab PSC amounts for the BSAI non-trawl, BSAI trawl limited access, and 
Amendment 80 limited access sectors to maximize the ability of the 
fleet to harvest the available groundfish TAC and to minimize bycatch. 
The factors considered are (1) seasonal distribution of prohibited 
species, (2) seasonal distribution of target groundfish species 
relative to prohibited species distribution, (3) prohibited species 
bycatch needs on a seasonal basis relevant to prohibited species 
biomass and expected catches of target groundfish species, (4) expected 
variations in bycatch rates throughout the year, (5) expected changes 
in directed groundfish fishing seasons, (6) expected start date for the 
fishing effort, and (7) economic effects of establishing seasonal 
prohibited species apportionments on segments of the target groundfish 
industry. Based on these criteria, the Council recommended, and NMFS 
proposes, the seasonal PSC apportionments in Tables 10 and 11 to 
maximize harvest among gear types, fisheries, and seasons, while 
minimizing bycatch of PSC.

   Table 8--Proposed 2023 and 2024 Apportionment of Prohibited Species Catch Allowances to Non-Trawl Gear, the CDQ Program, Amendment 80, and the BSAI
                                                              Trawl Limited Access Sectors
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             Trawl PSC                      BSAI trawl       BSAI PSC
        PSC species and area \1\             Total PSC     Non-trawl PSC      CDQ PSQ        remaining     Amendment 80   limited access    limits not
                                                                            reserve \2\    after CDQ PSQ    sector \3\        sector       allocated \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Halibut mortality (mt) BSAI.............           3,515             710             315             n/a           1,745             745             n/a
Herring (mt) BSAI.......................           3,819             n/a             n/a             n/a             n/a             n/a             n/a
Red king crab (animals) Zone 1..........          32,000             n/a           3,424          28,576          14,282           8,739           5,555
C. opilio (animals) COBLZ...............       4,350,000             n/a         465,450       3,884,550       1,909,256       1,248,494         726,799
C. bairdi crab (animals) Zone 1.........         830,000             n/a          88,810         741,190         312,115         348,285          80,790
C. bairdi crab (animals) Zone 2.........       2,520,000             n/a         269,640       2,250,360         532,660       1,053,394         664,306
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of zones.
\2\ The CDQ PSQ reserve for crab species is 10.7 percent of each crab PSC limit.
\3\ The Amendment 80 program reduced apportionment of the trawl PSC limits for crab below the total PSC limit. These reductions are not apportioned to
  other gear types or sectors.


[[Page 76447]]


    Table 9--Proposed 2023 and 2024 Herring and Red King Crab Savings
    Subarea (RKCSS) Prohibited Species Catch Allowances for all Trawl
                                 Sectors
------------------------------------------------------------------------
                                                         Red king crab
       Fishery categories          Herring (mt) BSAI   (animals) Zone 1
------------------------------------------------------------------------
Yellowfin sole..................  222...............  n/a
Rock sole/flathead sole/Alaska    110...............  n/a
 plaice/other flatfish \1\.
Greenland turbot/arrowtooth       11................  n/a
 flounder/Kamchatka flounder/
 sablefish.
Rockfish........................  11................  n/a
Pacific cod.....................  20................  n/a
Midwater trawl pollock..........  2,400.............  n/a
Pollock/Atka mackerel/other       45................  n/a
 species 2 3.
2023 Red king crab savings        n/a...............  ..................
 subarea non-pelagic trawl gear
 \4\.
2024 Red king crab savings        n/a...............  8,000
 subarea non-pelagic trawl gear
 \5\.
                                 ---------------------------------------
    Total trawl PSC.............  3,819.............  32,000
------------------------------------------------------------------------
Note: Species apportionments may not total precisely due to rounding.
\1\ ``Other flatfish'' for PSC monitoring includes all flatfish species,
  except for halibut (a prohibited species), Alaska plaice, arrowtooth
  flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock
  sole, and yellowfin sole.
\2\ Pollock other than midwater trawl pollock, Atka mackerel, and
  ``other species'' fishery category.
\3\ ``Other species'' for PSC monitoring includes skates, sharks, and
  octopuses.
\4\ Section 679.21(e)(3)(ii)(B) establishes criteria under which an
  annual red king crab bycatch limit must be specified for the Red King
  Crab Savings Subarea (RKCSS) if the State has established a GHL
  fishery for red king crab in the Bristol Bay area in the previous
  year. Based on the final 2022 NMFS trawl survey data for the Bristol
  Bay red king crab stock, the State of Alaska closed the Bristol Bay
  red king crab fishery for the 2022/2023 crab season. NMFS and the
  Council will not specify the red king crab bycatch limit for the RKCSS
  in 2023, and pursuant to Sec.   679.21(e)(3)(ii)(B)(1) directed
  fishing for groundfish is prohibited for vessels using non-pelagic
  trawl gear in the RKCSS for 2023.
\5\ If the Bristol Bay red king crab fishery remains closed in the 2023/
  2024 crab season, the RKCSS specification will be zero. If the Bristol
  Bay red king crab fishery is open in the 2023/2024 crab season, NMFS,
  after consultation with the Council, will specify an annual red king
  crab bycatch limit for the RKCSS, which is limited by regulation to up
  to 25 percent of the red king crab PSC allowance (Sec.
  679.21(e)(3)(ii)(B)(2)).


 Table 10--Proposed 2023 and 2024 Prohibited Species Bycatch Allowances for the BSAI Trawl Limited Access Sector
----------------------------------------------------------------------------------------------------------------
                                                          Prohibited species and area \1\
                                 -------------------------------------------------------------------------------
BSAI trawl limited access sector      Halibut      Red king crab     C. opilio          C. bairdi (animals)
            fisheries             mortality (mt)  (animals) Zone     (animals)   -------------------------------
                                       BSAI              1             COBLZ          Zone 1          Zone 2
----------------------------------------------------------------------------------------------------------------
Yellowfin sole..................             265           7,700       1,192,179         293,234       1,005,879
Rock sole/flathead sole/Alaska    ..............  ..............  ..............  ..............  ..............
 plaice/other flatfish \2\......
Greenland turbot/arrowtooth       ..............  ..............  ..............  ..............  ..............
 flounder/Kamchatka flounder/
 sablefish......................
Rockfish April 15-December 31...               5  ..............           1,006  ..............             849
Pacific cod.....................             300             975          50,281          50,816          42,424
Pollock/Atka mackerel/other                  175              65           5,028           4,235           4,243
 species \3\....................
                                 -------------------------------------------------------------------------------
    Total BSAI trawl limited                 745           8,739       1,248,494         348,285       1,053,394
     access sector PSC..........
----------------------------------------------------------------------------------------------------------------
Note:-Species apportionments may not total precisely due to rounding.
\1\ Refer to Sec.   679.2 for definitions of areas and zones.
\2\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
  species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole,
  and yellowfin sole.
\3\ ``Other species'' for PSC monitoring includes skates, sharks, and octopuses.


     Table 11--Proposed 2023 and 2024 Halibut Prohibited Species Bycatch Allowances for Non-Trawl Fisheries
----------------------------------------------------------------------------------------------------------------
                                           Halibut mortality (mt) BSAI
-----------------------------------------------------------------------------------------------------------------
                                                              Catcher/
        Non-trawl fisheries                Seasons            processor    Catcher vessel      All Non-Trawl
----------------------------------------------------------------------------------------------------------------
Pacific cod.......................  Annual Pacific cod...             648              13  661
                                      January 1-June 10               388               9  n/a
                                      June 10-August 15               162               2  n/a
                                      August 15-December               98               2  n/a
                                    31
Non-Pacific cod non-trawl-Total...  May 1-December 31....             n/a             n/a  49
Groundfish pot and jig............  n/a..................             n/a             n/a  Exempt
Sablefish hook-and-line...........  n/a..................             n/a             n/a  Exempt
Total for all non-trawl PSC.......  n/a..................             n/a             n/a  710
----------------------------------------------------------------------------------------------------------------


[[Page 76448]]

Halibut Discard Mortality Rates

    To monitor halibut bycatch mortality allowances and apportionments, 
the Regional Administrator uses observed halibut incidental catch 
rates, halibut discard mortality rates (DMRs), and estimates of 
groundfish catch to project when a fishery's halibut bycatch mortality 
allowance or seasonal apportionment is reached. Halibut incidental 
catch rates are based on 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 BSAI stock assessment process. 
The DMR methodology and findings are included as an appendix to the 
annual BSAI groundfish SAFE report.
    In 2016, the DMR estimation methodology underwent revisions per the 
Council's directive. An interagency halibut working group 
(International Pacific Halibut Commission, Council, and NMFS staff) 
developed improved estimation methods that have undergone review by the 
Plan Team, SSC, and the Council. A summary of the revised methodology 
is included in the BSAI proposed 2017 and 2018 harvest specifications 
(81 FR 87863, December 6, 2016), and the comprehensive discussion of 
the working group's statistical methodology is available from the 
Council (see ADDRESSES). The DMR working group's revised methodology is 
intended to improve estimation accuracy, transparency, and 
transferability used for calculating DMRs. The working group will 
continue to consider improvements to the methodology used to calculate 
halibut mortality, including potential changes to the reference period 
(the period of data used for calculating the DMRs). Future DMRs may 
change based on additional years of observer sampling, which could 
provide more recent and accurate data and which, in turn, could improve 
the accuracy of estimation and contribute to improvements in 
methodology. The methodology will continue to ensure that NMFS is using 
DMRs that more accurately reflect halibut mortality. This is important 
because the DMRs 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 derived from 
the revised methodology for the proposed 2023 and 2024 DMRs. The 
proposed 2023 and 2024 DMRs use an updated 2-year reference period. 
Comparing the proposed 2023 and 2024 DMRs to the final DMRs from the 
2022 and 2023 harvest specifications, the DMR for pelagic trawl gear 
remains at 100 percent, the DMR for motherships and CPs using non-
pelagic trawl gear increases to 85 percent from 84 percent, the DMR for 
CVs using non-pelagic trawl gear remains at 62 percent, the DMR for CPs 
using hook-and-line gear decreases to 9 percent from 10 percent, the 
DMR for CVs using hook-and-line gear decreases to 9 percent from 10 
percent, and the DMR for pot gear decreases to 26 percent from 33 
percent. Table 12 lists the proposed 2023 and 2024 DMRs.

Table 12--Proposed 2023 and 2024 Pacific Halibut Discard Mortality Rates
                           (DMR) for the BSAI
------------------------------------------------------------------------
                                                              Halibut
                                                              discard
               Gear                        Sector         mortality rate
                                                             (percent)
------------------------------------------------------------------------
Pelagic trawl.....................  All.................             100
Non-pelagic trawl.................  Mothership and                    85
                                     catcher/processor.
Non-pelagic trawl.................  Catcher vessel......              62
Hook-and-line.....................  Catcher vessel......               9
Hook-and-line.....................  Catcher/processor...               9
Pot...............................  All.................              26
------------------------------------------------------------------------

Listed AFA CP Sideboard Limits

    Pursuant to Sec.  679.64(a), the Regional Administrator is 
responsible for restricting the ability of listed AFA CPs to engage in 
directed fishing for groundfish species other than pollock to protect 
participants in other groundfish fisheries from adverse effects 
resulting from the AFA fishery and from fishery cooperatives in the 
directed pollock fishery. These restrictions are set out as sideboard 
limits on catch. On February 8, 2019, NMFS published a final rule (84 
FR 2723) that implemented regulations to prohibit non-exempt AFA CPs 
from directed fishing for all groundfish species or species groups 
subject to sideboard limits (see Sec.  679.20(d)(1)(iv)(D) and Table 54 
to 50 CFR part 679). NMFS proposes to exempt AFA CPs from a yellowfin 
sole sideboard limit pursuant to Sec.  679.64(a)(1)(v) because the 
proposed 2023 and 2024 aggregate ITAC of yellowfin sole assigned to the 
Amendment 80 sector and BSAI trawl limited access sector is greater 
than 125,000 mt.
    Section 679.64(a)(2) and Tables 40 and 41 to 50 CFR part 679 
establish a formula for calculating PSC sideboard limits for halibut 
and crab caught by listed AFA CPs. The basis for these sideboard limits 
is described in detail in the final rules implementing the major 
provisions of the AFA (67 FR 79692, December 30, 2002) and Amendment 80 
(72 FR 52668, September 14, 2007). PSC species listed in Table 13 that 
are caught by listed AFA CPs participating in any groundfish fishery 
other than pollock will accrue against the proposed 2023 and 2024 PSC 
sideboard limits for the listed AFA CPs. Section 679.21(b)(4)(iii), 
(e)(3)(v), and (e)(7) authorize NMFS to close directed fishing for 
groundfish other than pollock for listed AFA CPs once a proposed 2023 
or 2024 PSC sideboard limit listed in Table 13 is reached. Pursuant to 
Sec.  679.21(b)(1)(ii)(C) and (e)(3)(ii)(C), halibut or crab PSC by 
listed AFA CPs while fishing for pollock will accrue against the PSC 
allowances annually specified for the pollock/Atka mackerel/``other 
species'' fishery categories, according to Sec.  679.21(b)(1)(ii)(B) 
and (e)(3)(iv).

[[Page 76449]]



  Table 13--Proposed 2023 and 2024 BSAI American Fisheries Act Listed Catcher/Processor (CP) Prohibited Species
                                                Sideboard Limits
----------------------------------------------------------------------------------------------------------------
                                                                                   Proposed 2023
                                                                                   and 2024 PSC
                                                                                   available to    Proposed 2023
                    PSC species and area \1\                       Ratio of PSC    trawl vessels    and 2024 CP
                                                                   to total PSC        after         sideboard
                                                                                  subtraction of     limit \2\
                                                                                      PSQ \2\
----------------------------------------------------------------------------------------------------------------
BSAI Halibut mortality..........................................             n/a             n/a             286
Red king crab Zone 1............................................           0.007          28,576             200
C. opilio (COBLZ)...............................................           0.153       3,884,550         594,336
C. bairdi Zone 1................................................           0.140         741,190         103,767
C. bairdi Zone 2................................................           0.050       2,250,360         112,518
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of areas.
\2\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.

AFA CV Sideboard Limits

    Pursuant to Sec.  679.64(b), the Regional Administrator is 
responsible for restricting the ability of listed AFA CVs to engage in 
directed fishing for groundfish species other than pollock to protect 
participants in other groundfish fisheries from adverse effects 
resulting from the AFA and from fishery cooperatives in the pollock 
directed fishery. These restrictions are set out as sideboard limits on 
catch. On February 8, 2019, NMFS published a final rule (84 FR 2723) 
that implemented regulations to prohibit non-exempt AFA CVs from 
directed fishing for a majority of the groundfish species or species 
groups subject to sideboard limits (see Sec.  679.20(d)(1)(iv)(D) and 
Table 55 to 50 CFR part 679). The remainder of the sideboard limits for 
non-exempt AFA CVs are proposed in Table 14.
    Section 679.64(b)(3) and (b)(4) and Tables 40 and 41 to 50 CFR part 
679 establish formulas for setting AFA CV groundfish and halibut and 
crab PSC sideboard limits for the BSAI. The basis for these sideboard 
limits is described in detail in the final rules implementing the major 
provisions of the AFA (67 FR 79692, December 30, 2002) and Amendment 80 
(72 FR 52668, September 14, 2007). NMFS proposes to exempt AFA CVs from 
a yellowfin sole sideboard limit pursuant to Sec.  679.64(b)(6) because 
the proposed 2023 and 2024 aggregate ITAC of yellowfin sole assigned to 
the Amendment 80 sector and BSAI trawl limited access sector is greater 
than 125,000 mt. Table 14 lists the proposed 2023 and 2024 AFA CV 
sideboard limits.

  Table 14--Proposed 2023 and 2024 BSAI Pacific Cod Sideboard Limits for American Fisheries Act Catcher Vessels
                                                      (CVs)
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                                   2023 and 2024
                                                                   Ratio of 1997   2023 and 2024      AFA CV
                   Fishery by area/gear/season                     AFA CV catch     initial TAC      sideboard
                                                                      to TAC                          limits
----------------------------------------------------------------------------------------------------------------
BSAI............................................................             n/a             n/a             n/a
    Trawl gear CV...............................................             n/a             n/a             n/a
    Jan 20-Apr 1................................................          0.8609          21,505          18,514
    Apr 1-Jun 10................................................          0.8609           3,197           2,752
    Jun 10-Nov 1................................................          0.8609           4,359           3,753
----------------------------------------------------------------------------------------------------------------
Note: As proposed, Sec.   679.64(b)(6) would exempt AFA CVs from a yellowfin sole sideboard limit because the
  proposed 2023 and 2024 aggregate ITAC of yellowfin sole assigned to the Amendment 80 sector and BSAI trawl
  limited access sector is greater than 125,000 mt.

    Halibut and crab PSC limits listed in Table 15 that are caught by 
AFA CVs participating in any groundfish fishery other than pollock will 
accrue against the 2023 and 2024 PSC sideboard limits for the AFA CVs. 
Section 679.21(b)(4)(iii), (e)(3)(v), and (e)(7) authorize NMFS to 
close directed fishing for groundfish other than pollock for AFA CVs 
once a proposed 2023 or 2024 PSC sideboard limit listed in Table 15 is 
reached. Pursuant to Sec.  679.21(b)(1)(ii)(C) and (e)(3)(ii)(C), 
halibut or crab PSC by AFA CVs while fishing for pollock will accrue 
against the PSC allowances annually specified for the pollock/Atka 
mackerel/``other species'' fishery categories under Sec.  
679.21(b)(1)(ii)(B) and (e)(3)(iv).

[[Page 76450]]



  Table 15--Proposed 2023 and 2024 American Fisheries Act Catcher Vessel (CV) Prohibited Species Catch Sideboard
                                             Limits for the BSAI \1\
----------------------------------------------------------------------------------------------------------------
                                                                                   Proposed 2023
                                                                                   and 2024 PSC    Proposed 2023
                                         Target fishery category    AFA CV PSC      limit after    and 2024 AFA
       PSC species and area \1\                    \2\               sideboard    subtraction of      CV PSC
                                                                    limit ratio    PSQ reserves      sideboard
                                                                                        \3\          limit \3\
----------------------------------------------------------------------------------------------------------------
Halibut...............................  Pacific cod trawl.......             n/a             n/a             887
                                        Pacific cod hook-and-                n/a             n/a               2
                                         line or pot.
                                        Yellowfin sole total....             n/a             n/a             101
                                        Rock sole/flathead sole/             n/a             n/a             228
                                         Alaska plaice/other
                                         flatfish \4\.
                                        Greenland turbot/                    n/a             n/a               -
                                         arrowtooth flounder/
                                         Kamchatka flounder/
                                         sablefish.
                                        Rockfish................             n/a             n/a               2
                                        Pollock/Atka mackerel/               n/a             n/a               5
                                         other species \5\.
Red king crab Zone 1..................  n/a.....................          0.2990          28,576           8,544
C. opilio COBLZ.......................  n/a.....................          0.1680       3,884,550         652,604
C. bairdi Zone 1......................  n/a.....................          0.3300         741,190         244,593
C. bairdi Zone 2......................  n/a.....................          0.1860       2,250,360         418,567
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of areas.
\2\ Target fishery categories are defined at Sec.   679.21(b)(1)(ii)(B) and (e)(3)(iv).
\3\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
\4\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
  species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole,
  and yellowfin sole.
\5\ ``Other species'' for PSC monitoring includes skates, sharks, and octopuses.

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 not subject to 
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 this action and to address the need 
to prepare a Supplemental EIS (40 CFR 1501.11(b) and 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 
for 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.
    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).

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 
this proposed rule, if adopted, would have on small entities. This 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. 
This 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 this proposed action, its purpose, and the legal 
basis are explained earlier in the preamble and are not repeated here.
    For RFA purposes only, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (see 50 CFR 200.2). A business primarily 
engaged in commercial fishing (NAICS code 11411) is classified as a 
small business if it is independently owned and operated, is not 
dominant in its field of operation (including its affiliates), and has 
combined annual receipts not in excess of $11 million for all its 
affiliated operations worldwide. A shoreside processor primarily 
involved in seafood processing (NAICS code 311710) is classified as a 
small business if it is independently owned and operated, is not 
dominant in its field of operation (including its affiliates), and has 
combined annual employment, counting all individuals employed on a 
full-time, part-time, or other basis, not in excess of 750 employees 
for all its affiliated operations worldwide.

Number and Description of Small Entities Regulated by This Proposed 
Rule

    The entities directly regulated by the groundfish harvest 
specifications include: (a) entities operating vessels with groundfish 
Federal fisheries permits (FFPs) catching FMP groundfish in Federal 
waters (including those

[[Page 76451]]

receiving direct 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 nautical miles of the 
shore (whether or not they have FFPs). In 2021 (the most recent year of 
complete data), there were 152 individual CVs and CPs, as well as 6 CDQ 
groups, all of which had gross revenues less than or equal to $11 
million. This represents the potential suite of directly regulated 
small entities. This includes an estimated 146 small CV entities and 6 
small CP entities remaining in the BSAI groundfish sector. The 
determination of entity size is based on vessel revenues and affiliated 
group revenues, as applicable. This determination also includes an 
assessment of fisheries cooperative affiliations, although actual 
vessel ownership affiliations have not been completely established. 
However, this estimate of 146 CVs may be an overstatement of the number 
of small entities. This latter group of vessels had average gross 
revenues that varied by gear type. Average gross revenues for hook-and-
line CVs, pot gear CVs, and trawl gear CVs are estimated to be 
$700,000, $1.1 million, and $2.1 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 and contained in this proposed rule 
is the proposed 2023 and 2024 harvest specifications, apportionments, 
and prohibited species catch limits for the groundfish fishery of the 
BSAI. This action is necessary to establish harvest limits for 
groundfish during the 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 BSAI. 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 the 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 
sum of all TACs remains within the OY for the BSAI consistent with 
Sec.  679.20(a)(1)(i)(A). Because setting all TACs equal to ABCs would 
cause the sum of TACs to exceed an OY of 2 million mt, TACs for some 
species or species groups are lower than the ABCs recommended by the 
Plan Team and the SSC.
    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 some species and species groups in the BSAI, 
the Council recommended, and NMFS proposes, proposed TACs equal to 
proposed ABCs, which is intended to maximize harvest opportunities in 
the BSAI.
    However, NMFS cannot set TACs for all species in the BSAI equal to 
their ABCs due to the constraining OY limit of 2 million mt. For this 
reason, some proposed TACs are less than the proposed ABCs. The 
specific reductions were reviewed and recommended by the Council's AP, 
and the Council in turn adopted the AP's TAC recommendations for the 
proposed 2023 and 2024 TACs.
    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 BSAI, including small entities. The action proposes 
TACs for commercially-valuable species in the BSAI and allows for the 
continued prosecution of the fishery, thereby creating the opportunity 
for fishery revenue. After public process during which the Council 
solicited input from stakeholders, the Council concluded that 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.
    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.

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

    Dated: December 8, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2022-27119 Filed 12-9-22; 4:15 pm]
BILLING CODE 3510-22-P