[Federal Register Volume 88, Number 47 (Friday, March 10, 2023)]
[Rules and Regulations]
[Pages 14926-14956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04877]



[[Page 14926]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 230306-0065; RTID 0648-XC365]


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands; Final 2023 and 2024 Harvest Specifications for 
Groundfish

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

ACTION: Final rule; harvest specifications and closures.

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SUMMARY: NMFS announces final 2023 and 2024 harvest specifications, 
apportionments, and prohibited species catch allowances for the 
groundfish fishery of the Bering Sea and Aleutian Islands management 
area (BSAI). This action is necessary to establish harvest limits for 
groundfish during the remainder of the 2023 and the start of the 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the 2024 harvest specifications will be superseded in early 2024 when 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 Bering Sea and Aleutian Islands Management Area (BSAI) 
in accordance with the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act; MSA).

DATES: Harvest specifications and closures are effective from 1200 
hours, Alaska local time (A.l.t.), March 10, 2023, through 2400 hours, 
A.l.t., December 31, 2024.

ADDRESSES: Electronic copies of the Alaska Groundfish Harvest 
Specifications Final Environmental Impact Statement (EIS), Record of 
Decision (ROD), and the annual Supplementary Information Reports (SIRs) 
to the Final EIS prepared for this action are available from https://www.fisheries.noaa.gov/region/alaska. The 2022 Stock Assessment and 
Fishery Evaluation (SAFE) report for the groundfish resources of the 
BSAI, dated November 2022, as well as the SAFE reports for previous 
years, are available from the North Pacific Fishery Management Council 
(Council) at 1007 West Third Ave., Suite 400, Anchorage, AK 99501, 
phone 907-271-2809, or from the Council's website at https://www.npfmc.org/.

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

SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR part 679 
implement the FMP and govern the groundfish fisheries in the BSAI. The 
Council prepared the FMP, and NMFS approved it, under the Magnuson-
Stevens Act. General regulations governing U.S. fisheries also appear 
at 50 CFR part 600.
    The FMP and its implementing regulations require NMFS, after 
consultation with the Council, to specify annually the total allowable 
catch (TAC) for each target species category. The sum of all 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.  
679.20(a)(1)(i)(A) and 679.20(a)(2)). This final rule specifies the sum 
of the TAC at 2.0 million mt for 2023 and 2.0 million mt for 2024. NMFS 
also must specify apportionments of TAC; prohibited species catch (PSC) 
allowances and prohibited species quota (PSQ) reserves established by 
Sec.  679.21; seasonal allowances of pollock, Pacific cod, and Atka 
mackerel TAC; American Fisheries Act allocations; Amendment 80 
allocations; Community Development Quota (CDQ) reserve amounts 
established by Sec.  679.20(b)(1)(ii); acceptable biological catch 
(ABC) surpluses and reserves for CDQ groups and any Amendment 80 
cooperatives for flathead sole, rock sole, and yellowfin sole; and 
halibut discard mortality rates (DMRs). The final harvest 
specifications set forth in Tables 1 through 22 of this action satisfy 
these requirements.
    Section 679.20(c)(3)(i) further requires that NMFS consider public 
comment on the proposed harvest specifications and, after consultation 
with the Council, publish final harvest specifications in the Federal 
Register. The proposed 2023 and 2024 harvest specifications for the 
groundfish fishery of the BSAI were published in the Federal Register 
on December 14, 2022 (87 FR 76435). Comments were invited and accepted 
through January 13, 2023. As discussed in the Response to Comments 
section below, NMFS received six letters raising seventeen distinct 
comments during the public comment period for the proposed BSAI 
groundfish harvest specifications. NMFS's responses are addressed in 
the Response to Comments section below.
    NMFS consulted with the Council on the final 2023 and 2024 harvest 
specifications during the December 2022 Council meeting. After 
considering public comments during public meetings and public comments 
submitted for the proposed rule (87 FR 76435), as well as biological 
and socioeconomic data that were available at the Council's December 
2022 meeting, NMFS implements in this final rule the final 2023 and 
2024 harvest specifications as recommended by the Council.

ABC and TAC Harvest Specifications

    The final ABC amounts for Alaska groundfish are based on the best 
available biological information, including projected biomass trends, 
information on assumed distribution of stock biomass, and revised 
technical methods used to calculate stock biomass. In general, the 
development of ABCs and overfishing levels (OFLs) involves 
sophisticated statistical analyses of fish populations. The FMP 
specifies a series of six tiers to define OFL and ABC amounts based on 
the level of reliable information available to fishery scientists. Tier 
1 represents the highest level of information quality available, while 
Tier 6 represents the lowest.
    In December 2022, the Council, its Scientific and Statistical 
Committee (SSC), and its Advisory Panel (AP) reviewed current 
biological and harvest information about the condition of the BSAI 
groundfish stocks. The Council's BSAI Groundfish Plan Team (Plan Team) 
compiled and presented this information in the 2022 SAFE report for the 
BSAI groundfish fisheries, dated November 2022 (see ADDRESSES). The 
SAFE report contains a review of the latest scientific analyses and 
estimates of each species' biomass and other biological parameters, as 
well as summaries of the available information on the BSAI ecosystem 
and the economic condition of groundfish fisheries off Alaska. NMFS 
notified the public of the comment period for these harvest 
specifications--and of the publication of the 2022 SAFE report--in the 
proposed harvest specifications (87 FR 76435, December 14, 2022). From 
the data and analyses in the SAFE report, the Plan Team recommended an 
OFL and ABC for each species and species group at the November 2022 
Plan Team meeting.
    In December 2022, the SSC, AP, and Council reviewed the Plan Team's 
recommendations. The final TAC recommendations were based on the ABCs, 
and were adjusted for other biological and socioeconomic

[[Page 14927]]

considerations, including maintaining the sum of all the TACs within 
the required OY range of 1.4 million to 2.0 million mt. As required by 
annual catch limit rules for all fisheries (74 FR 3178, January 16, 
2009), none of the Council's recommended 2023 or 2024 TACs exceed the 
final 2023 or 2024 ABCs for any species or species group. NMFS finds 
that the Council's recommended OFLs, ABCs, and TACs are consistent with 
the preferred harvest strategy outlined in the FMP and the biological 
condition of groundfish stocks as described in the 2022 SAFE report 
that was approved by the Council. Therefore, this final rule provides 
notification that the Secretary of Commerce approves the final 2023 and 
2024 harvest specifications as recommended by the Council.
    The 2023 harvest specifications set in this final action supersede 
the 2023 harvest specifications previously set in the final 2022 and 
2023 harvest specifications (87 FR 11626, March 2, 2022). The 2024 
harvest specifications herein will be superseded in early 2024 when the 
final 2024 and 2025 harvest specifications are published. Pursuant to 
this final action, the 2023 harvest specifications therefore will apply 
for the remainder of the current year (2023), while the 2024 harvest 
specifications are projected only for the following year (2024) and 
will be superseded in early 2024 by the final 2024 and 2025 harvest 
specifications. Because this final action (published in early 2023) 
will be superseded in early 2024 by the publication of the final 2024 
and 2025 harvest specifications, it is projected that this final action 
will implement the harvest specifications for the BSAI for 
approximately 1 year.

Other Actions Affecting the 2023 and 2024 Harvest Specifications

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 (865 mt) 
of the combined 2023 Bering Sea subarea (BS) and AI subarea ABC (mt). 
The 2024 AI GHL is set at 5 percent (1,025 mt) of the combined 2024 BS 
subarea and AI subarea ABC (mt). The State's AI sablefish registration 
area includes areas adjacent to parts of the Federal BS. The Council 
and its BSAI Groundfish Plan Team (Plan Team), SSC, and AP recommended 
that the sum of all State and Federal waters sablefish removals from 
the BS and AI not exceed the ABC recommendations for sablefish in the 
BS and AI. Accordingly, the Council recommended, and NMFS approves, 
that the 2023 and 2024 sablefish TACs in the BS and AI 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 equal to 12 percent of 
the Pacific cod ABC in the BS when the ABC is between 125,000 mt and 
150,000 mt. For 2023, the BS Pacific cod ABC is 144,834 mt, and for 
2024, it is 140,159 mt. Therefore, the GHL in the BS for pot gear will 
be 12 percent for 2023 (17,380 mt) and 2024 (16,819 mt). 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 in the BS. 
The Council and its Plan Team, SSC, and AP recommended that the sum of 
all State and Federal waters Pacific cod removals from the BS not 
exceed the ABC recommendations for Pacific cod in the BS. Accordingly, 
the Council recommended, and NMFS approves, that the 2023 and 2024 
Pacific cod TACs in the BS account for the State's GHLs for Pacific cod 
caught in State waters in the BS.
    For 2023 and 2024, the BOF for the State established the GHL in 
State waters in the Aleutian Islands subarea (AI) equal to 39 percent 
of the AI ABC. The AI GHL will increase annually by 4 percent of the AI 
ABC, if 90 percent of the GHL is harvested by November 15 of the 
preceding year, but may not exceed 39 percent of the AI ABC or 15 
million pounds (6,804 mt). For 2023 and for 2024, 39 percent of the AI 
ABC is 5,387 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 ABC recommendations for Pacific cod in the AI. 
Accordingly, the Council recommended, and NMFS approves, that the 2023 
and 2024 Pacific cod TACs in the AI account for the State's GHL of 
5,387 mt for Pacific cod caught in State waters in the AI.

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

    On December 9, 2022, NMFS published a proposed rule (87 FR 75570), 
and an extension of public comment (87 FR 75569), to implement 
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 the 
Amendment 80 sector halibut PSC limit based on the most recent halibut 
abundance estimates from the International Pacific Halibut Commission 
setline survey and the NMFS Alaska Fisheries Science Center Eastern 
Bering Sea shelf trawl survey. The annual process would use a table 
with pre-established halibut abundance ranges based on 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 
surveys. Further details are available in 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

    On February 9, 2023, NMFS published a proposed rule to implement 
Amendment 122 to the FMP, which if approved would implement a limited 
access privilege program called the Pacific cod Trawl Cooperative 
(PCTC) Program (88 FR 8592, February 9, 2023). 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 (CV) 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 are available in 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 CV Pacific cod 
allocation.

[[Page 14928]]

Amendment 124 to the BSAI FMP for Groundfish To Revise Individual 
Fishing Quota (IFQ) Program Regulations

    On November 23, 2022, NMFS published a proposed rule (87 FR 71559) 
to implement Amendment 124 to the FMP, which if approved would allow 
jig gear as an authorized fishing gear type in the BSAI sablefish IFQ 
and CDQ fisheries. The Council's intent in recommending Amendment 124 
is to increase entry-level opportunities and increase flexibility for 
IFQ holders. This is because jig gear is a smaller investment than 
other gear types and does not require significant vessel retrofits as 
with other gear. Additionally, jig gear is already an authorized gear 
type for the harvest of halibut IFQ and CDQ and this action would 
further align the authorized gear types in the halibut and sablefish 
IFQ and CDQ fisheries. Further details are available in the proposed 
rule to implement Amendment 124. If the FMP amendment and its 
implementing regulations are approved by the Secretary of Commerce, the 
action is anticipated to be effective for the 2023 IFQ and CDQ season.

Changes From the Proposed 2023 and 2024 Harvest Specifications for the 
BSAI

    The Council's recommendations for the proposed 2023 and 2024 
harvest specifications (87 FR 76435, December 14, 2022) were based 
largely on information contained in the 2021 SAFE report for the BSAI 
groundfish fisheries. Through the proposed harvest specifications, NMFS 
notified the public that these harvest specifications could change, as 
the Council would consider information contained in the 2022 SAFE 
report; recommendations from the Plan Team, SSC, and AP; and public 
comments when making its recommendations for final harvest 
specifications at the December 2022 Council meeting. NMFS further 
notified the public that, as required by the FMP and its implementing 
regulations, the sum of the TACs must be within the OY range of 1.4 
million and 2.0 million mt.
    Information contained in the 2022 SAFE report indicates biomass 
changes from the 2021 SAFE report for several groundfish species. The 
2022 SAFE report was made available for public review during the public 
comment period for the proposed harvest specifications. At the December 
2022 Council meeting, the SSC recommended the 2023 and 2024 OFLs and 
ABCs based on the best and most recent information contained in the 
2022 SAFE report. The SSC's recommendation resulted in an ABC sum total 
for all BSAI groundfish species in excess of 2.0 million mt for both 
2023 and 2024.
    Based on larger spawning biomass estimates, the Council recommends 
final BS pollock TACs increase by 11,000 mt in 2023 and 13,000 mt in 
2024 compared to the proposed 2023 and 2024 BS pollock TACs. The 
Council also recommends increasing the BSAI rock sole TAC by 11,000 mt 
in 2023 and 11,000 mt in 2024, and increasing the flathead sole TAC by 
10,000 mt in 2023 and 10,000 mt in 2024, compared to the proposed 2023 
and 2024 TACs. In terms of tonnage, the Council recommends reducing the 
TACs from the proposed TACs of several species of lower economic value 
to maintain an overall total TAC within the required OY range of 1.4 to 
2.0 million mt with Alaska plaice, arrowtooth flounder, northern 
rockfish, and ``other flatfish'' having the largest TAC decreases. In 
terms of percentage, the largest TAC decreases from the proposed TACs 
of lower economically valued species were for Alaska plaice, arrowtooth 
flounder, Greenland turbot, Kamchatka flounder, octopuses, ``other 
flatfish,'' northern rockfish, and sharks. The Council recommends 
lowering the TACs of both BS and AI Pacific cod in 2023 and 2024 due to 
lower spawning biomasses.
    The changes to TACs between the proposed and final harvest 
specifications are based on the most recent scientific and 
socioeconomic information and are consistent with the FMP, regulatory 
obligations, and harvest strategy as described in the proposed and 
final harvest specifications, including the required OY range of 1.4 
million to 2.0 million mt. These changes are compared in Table 1A.
    Table 1 lists the Council's recommended final 2023 OFL, ABC, TAC, 
initial TAC (ITAC), CDQ reserve allocations, and non-specified reserves 
of the BSAI groundfish species and species groups; and Table 2 lists 
the Council's recommended final 2024 OFL, ABC, TAC, ITAC, CDQ reserve 
allocations, and non-specified reserves of the BSAI groundfish species 
and species groups. NMFS concurs in these recommendations. These final 
2023 and 2024 TAC amounts for the BSAI are within the OY range 
established for the BSAI and do not exceed the ABC for any species or 
species group. The apportionment of TAC amounts among fisheries and 
seasons is discussed below.

Table 1--Final 2023 Overfishing Level (OFL), Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), CDQ Reserve Allocation,
                                                and Non-Specified Reserves of Groundfish in the BSAI \1\
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                       2023
                                                         -----------------------------------------------------------------------------------------------
              Species                       Area                                                                                           Nonspecified
                                                                OFL             ABC             TAC          ITAC \2\         CDQ \3\        reserves
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock \4\.......................  BS..................       3,381,000       1,910,000       1,300,000       1,170,000         130,000  ..............
                                    AI..................          52,383          43,413          19,000          17,100           1,900  ..............
                                    Bogoslof............         115,146          86,360             300             300  ..............  ..............
Pacific cod \5\...................  BS..................         172,495         144,834         127,409         113,776          13,633  ..............
                                    AI..................          18,416          13,812           8,425           7,524             901  ..............
Sablefish \6\.....................  Alaska-wide.........          47,390          40,502             n/a             n/a             n/a  ..............
                                    BS..................             n/a           8,417           7,996           6,597           1,099             300
                                    AI..................             n/a           8,884           8,440           6,858           1,424             158
Yellowfin sole....................  BSAI................         404,882         378,499         230,000         205,390          24,610  ..............
Greenland turbot..................  BSAI................           4,645           3,960           3,960           3,366             n/a  ..............
                                    BS..................             n/a           3,338           3,338           2,837             357             144
                                    AI..................             n/a             622             622             529  ..............              93
Arrowtooth flounder...............  BSAI................          98,787          83,852          15,000          12,750           1,605             645
Kamchatka flounder................  BSAI................           8,946           7,579           7,579           6,442  ..............           1,137
Rock sole \7\.....................  BSAI................         166,034         121,719          66,000          58,938           7,062  ..............
Flathead sole \8\.................  BSAI................          79,256          65,344          35,500          31,702           3,799  ..............
Alaska plaice.....................  BSAI................          40,823          33,946          17,500          14,875  ..............           2,625
Other flatfish \9\................  BSAI................          22,919          17,189           4,500           3,825  ..............             675
Pacific ocean perch...............  BSAI................          50,133          42,038          37,703          33,157             n/a  ..............
                                    BS..................             n/a          11,903          11,903          10,118  ..............           1,785

[[Page 14929]]

 
                                    EAI.................             n/a           8,152           8,152           7,280             872  ..............
                                    CAI.................             n/a           5,648           5,648           5,044             604  ..............
                                    WAI.................             n/a          16,335          12,000          10,716           1,284  ..............
Northern rockfish.................  BSAI................          22,776          18,687          11,000           9,350  ..............           1,650
Blackspotted/Rougheye rockfish      BSAI................             703             525             525             446  ..............              79
 \10\.
BS/EAI............................  n/a.................             359             359             305  ..............  ..............              54
                                    CAI/WAI.............             n/a             166             166             141  ..............              25
Shortraker rockfish...............  BSAI................             706             530             530             451  ..............              80
Other rockfish \11\...............  BSAI................           1,680           1,260           1,260           1,071  ..............             189
                                    BS..................             n/a             880             880             748  ..............             132
                                    AI..................             n/a             380             380             323  ..............              57
Atka mackerel.....................  BSAI................         118,787          98,588          69,282          61,869           7,413  ..............
                                    BS/EAI..............             n/a          43,281          27,260          24,343           2,917  ..............
                                    CAI.................             n/a          17,351          17,351          15,494           1,857  ..............
                                    WAI.................             n/a          37,956          24,671          22,031           2,640  ..............
Skates............................  BSAI................          46,220          38,605          27,441          23,325  ..............           4,116
Sharks............................  BSAI................             689             450             250             213  ..............              38
Octopuses.........................  BSAI................           4,769           3,576             400             340  ..............              60
                                                         -----------------------------------------------------------------------------------------------
    Total.........................  ....................       4,859,585       3,155,268       2,000,000       1,789,662         196,564          13,773
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 fixed gear, and Amendment 80 species (Atka mackerel, yellowfin sole, rock sole,
  flathead sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 15 percent of each TAC is placed into a non-specified reserve (Sec.
  679.20(b)(1)(i)). The ITAC for these species is the remainder of the TAC after the subtraction of these reserves. For pollock and Amendment 80
  species, ITAC is the non-CDQ allocation of TAC (see footnotes 3 and 4).
\3\ For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 10.7
  percent of the TAC is reserved for use by CDQ participants (see Sec.  Sec.   679.20(b)(1)(ii)(C)). 20 percent of the sablefish TAC allocated to fixed
  gear, 7.5 percent of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for Bering Sea Greenland turbot and arrowtooth flounder
  are reserved for use by CDQ participants (see Sec.   679.20(b)(1)(ii)(B) and (D)). Aleutian Islands Greenland turbot, ``other flatfish,'' Alaska
  plaice, Bering Sea Pacific ocean perch, Kamchatka flounder, northern rockfish, shortraker rockfish, blackspotted/rougheye rockfish, ``other
  rockfish,'' skates, sharks, and octopuses are not allocated to the CDQ program.
\4\ Under Sec.   679.20(a)(5)(i)(A), the annual BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second
  for the incidental catch allowance (50,000 mt), is further allocated by sector for a pollock directed fishery as follows: inshore--50 percent; catcher/
  processor--40 percent; and motherships--10 percent. Under Sec.   679.20(a)(5)(iii)(B)(2), the annual AI pollock TAC, after subtracting first for the
  CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (2,500 mt), is allocated to the Aleut Corporation for a
  pollock directed fishery.
\5\ The BS Pacific cod TAC is set to account for the 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 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.
\6\ The sablefish OFL and ABC are Alaska-wide and include the Gulf of Alaska. The Alaska-wide sablefish OFL and ABC are included in the total OFL and
  ABC. The BS and AI sablefish TACs are set to account for the 5 percent of the BS and AI ABC for the State of Alaska's (State) guideline harvest level
  in State waters of the BS and AI.
\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.


                        Table 1a--Comparison of Final 2023 and 2024 With Proposed 2023 and 2024 Total Allowable Catch in the BSAI
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                          2023                                   2024
                                                                              2023 and       2023      percentage                   2024      percentage
               Species                        Area \1\          2023 final      2024      difference   difference   2024 final   difference   difference
                                                                   TAC        proposed       from         from         TAC          from         from
                                                                                TAC        proposed     proposed                  proposed     proposed
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock.............................  BS.....................    1,300,000    1,289,000       11,000          0.9    1,302,000       13,000          1.0
                                      AI.....................       19,000       19,000  ...........  ...........       19,000  ...........  ...........
                                      Bogoslof...............          300          250           50         20.0          300           50         20.0
Pacific cod.........................  BS.....................      127,409      133,459      (6,050)        (4.5)      123,295     (10,164)        (7.6)
                                      AI.....................        8,425       13,796      (5,371)       (38.9)        8,425      (5,371)       (38.9)
Sablefish...........................  BS.....................        7,996        6,529        1,467         22.5        9,676        3,147         48.2
                                      AI.....................        8,440        7,786          654          8.4        9,793        2,007         25.8
Yellowfin sole......................  BSAI...................      230,000      230,000  ...........  ...........      230,656          656          0.3
Greenland turbot....................  BS.....................        3,338        4,825      (1,487)       (30.8)        2,836      (1,989)       (41.2)
                                      AI.....................          622          899        (277)       (30.8)          528        (371)       (41.3)
Arrowtooth flounder.................  BSAI...................       15,000       20,000      (5,000)       (25.0)       15,000      (5,000)       (25.0)
Kamchatka flounder..................  BSAI...................        7,579        9,393      (1,814)       (19.3)        7,435      (1,958)       (20.8)
Rock sole...........................  BSAI...................       66,000       55,000       11,000         20.0       66,000       11,000         20.0
Flathead sole.......................  BSAI...................       35,500       25,500       10,000         39.2       35,500       10,000         39.2
Alaska plaice.......................  BSAI...................       17,500       29,082     (11,582)       (39.8)       18,000     (11,082)       (38.1)
Other flatfish......................  BSAI...................        4,500       10,000      (5,500)       (55.0)        4,500      (5,500)       (55.0)
Pacific ocean perch.................  BS.....................       11,903        9,956        1,947         19.6       11,700        1,744         17.5

[[Page 14930]]

 
                                      EAI....................        8,152        7,774          378          4.9        8,013          239          3.1
                                      CAI....................        5,648        5,722         (74)        (1.3)        5,551        (171)        (3.0)
                                      WAI....................       12,000       10,500        1,500         14.3       13,000        2,500         23.8
Northern rockfish...................  BSAI...................       11,000       17,000      (6,000)       (35.3)       11,000      (6,000)       (35.3)
Blackspotted and Rougheye rockfish..  BS/EAI.................          359          334           25          7.5          388           54         16.2
                                      CAI/WAI................          166          183         (17)        (9.3)          182          (1)        (0.5)
Shortraker rockfish.................  BSAI...................          530          541         (11)        (2.0)          530         (11)        (2.0)
Other rockfish......................  BS.....................          880          919         (39)        (4.2)          880         (39)        (4.2)
                                      AI.....................          380          394         (14)        (3.6)          380         (14)        (3.6)
Atka mackerel.......................  EAI/BS.................       27,260       25,000        2,260          9.0       30,000        5,000         20.0
                                      CAI....................       17,351       15,470        1,881         12.2       15,218        (252)        (1.6)
                                      WAI....................       24,671       20,488        4,183         20.4       21,637        1,149          5.6
Skates..............................  BSAI...................       27,441       30,000      (2,559)        (8.5)       27,927      (2,073)        (6.9)
Sharks..............................  BSAI...................          250          500        (250)       (50.0)          250        (250)       (50.0)
Octopuses...........................  BSAI...................          400          700        (300)       (42.9)          400        (300)       (42.9)
                                                              ------------------------------------------------------------------------------------------
    Total...........................  BSAI...................    2,000,000    2,000,000  ...........  ...........    2,000,000  ...........  ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Bering Sea subarea (BS), Aleutian Islands subarea (AI), Bering Sea and Aleutian Islands management area (BSAI), Eastern Aleutian District (EAI),
  Central Aleutian District (CAI), and Western Aleutian District (WAI).


Table 2--Final 2024 Overfishing Level (OFL), Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), CDQ Reserve Allocation,
                                                and Non-Specified Reserves of Groundfish in the BSAI \1\
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                       2024
                                                         -----------------------------------------------------------------------------------------------
              Species                       Area                                                                                           Nonspecified
                                                                OFL             ABC             TAC          ITAC \2\         CDQ \3\        reserves
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock \4\.......................  BS..................       4,639,000       2,275,000       1,302,000       1,171,800         130,200  ..............
                                    AI..................          52,043          43,092          19,000          17,100           1,900  ..............
                                    Bogoslof............         115,146          86,360             300             300  ..............  ..............
Pacific cod \5\...................  BS..................         166,814         140,159         123,295         110,102          13,193  ..............
                                    AI..................          18,416          13,812           8,425           7,524             901  ..............
Sablefish \6\.....................  Alaska-wide.........          48,561          41,539             n/a             n/a             n/a  ..............
                                    BS..................             n/a          10,185           9,676           4,112             363             363
                                    AI..................             n/a          10,308           9,793           2,081             184             184
Yellowfin sole....................  BSAI................         495,155         462,890         230,656         205,976          24,680  ..............
Greenland turbot..................  BSAI................           3,947           3,364           3,364           2,859             n/a  ..............
                                    BS..................             n/a           2,836           2,836           2,411             303             122
                                    AI..................             n/a             528             528             449  ..............              79
Arrowtooth flounder...............  BSAI................         103,070          87,511          15,000          12,750           1,605             645
Kamchatka flounder................  BSAI................           8,776           7,435           7,435           6,320  ..............           1,115
Rock sole \7\.....................  BSAI................         196,011         119,969          66,000          58,938           7,062  ..............
Flathead sole \8\.................  BSAI................          81,167          66,927          35,500          31,702           3,799  ..............
Alaska plaice.....................  BSAI................          43,328          36,021          18,000          15,300  ..............           2,700
Other flatfish \9\................  BSAI................          22,919          17,189           4,500           3,825  ..............             675
Pacific ocean perch...............  BSAI................          49,279          41,322          38,264          33,667             n/a  ..............
                                    BS..................             n/a          11,700          11,700           9,945  ..............           1,755
                                    EAI.................             n/a           8,013           8,013           7,156             857  ..............
                                    CAI.................             n/a           5,551           5,551           4,957             594  ..............
                                    WAI.................             n/a          16,058          13,000          11,609           1,391  ..............
Northern rockfish.................  BSAI................          22,105          18,135          11,000           9,350  ..............           1,650
Blackspotted/Rougheye rock-.......  BSAI................             763             570             570             485              86              58
                                    BS/EAI..............             n/a             388             388             330
 fish \10\........................  CAI/WAI.............             n/a             182             182             155  ..............              27
Shortraker rockfish...............  BSAI................             706             530             530             451  ..............              80
Other rockfish \11\...............  BSAI................           1,680           1,260           1,260           1,071  ..............             189
                                    BS..................             n/a             880             880             748  ..............             132
                                    AI..................             n/a             380             380             323  ..............              57
Atka mackerel.....................  BSAI................         101,188          86,464          66,855          59,702           7,153  ..............
                                    EAI/BS..............             n/a          37,958          30,000          26,790           3,210  ..............
                                    CAI.................             n/a          15,218          15,218          13,590           1,628  ..............
                                    WAI.................             n/a          33,288          21,637          19,322           2,315  ..............
Skates............................  BSAI................          44,168          36,837          27,927          23,738  ..............           4,189
Sharks............................  BSAI................             689             450             250             213  ..............              38

[[Page 14931]]

 
Octopuses.........................  BSAI................           4,769           3,576             400             340  ..............              60
                                                         -----------------------------------------------------------------------------------------------
    Total.........................  ....................       6,219,700       3,590,412       2,000,000       1,779,703         194,185          13,928
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 fixed gear, and Amendment 80 species (Atka mackerel, flathead sole, rock sole,
  yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 15 percent of each TAC is put into a non-specified reserve (Sec.
  679.20(b)(1)(i)). The ITAC for these species is the remainder of the TAC after the subtraction of these reserves. For pollock and Amendment 80
  species, ITAC is the non-CDQ allocation of TAC (see footnotes 3 and 4).
\3\ For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 10.7
  percent of the TAC is reserved for use by CDQ participants (see Sec.  Sec.   679.20(b)(1)(ii)(C)). 20 percent of the sablefish TAC allocated to fixed
  gear, 7.5 percent of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for Bering Sea Greenland turbot and arrowtooth flounder
  are reserved for use by CDQ participants (see Sec.   679.20(b)(1)(ii)(B) and (D)). The 2024 fixed 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/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 (50,000 mt), is further allocated by sector for a pollock directed fishery as follows: inshore--50 percent; catcher/
  processor--40 percent; and motherships--10 percent. Under Sec.   679.20(a)(5)(iii)(B)(2), the annual AI pollock TAC, after subtracting first for the
  CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (2,500 mt), is allocated to the Aleut Corporation for a
  pollock directed fishery.
\5\ The BS Pacific cod TAC is set to account for the 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 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.
\6\ The sablefish OFL and ABC are Alaska-wide and include the Gulf of Alaska. The Alaska-wide sablefish OFL and ABC are included in the total OFL and
  ABC. The BS and AI sablefish TACs are set to account for the 5 percent of the BS and AI ABC for the State of Alaska's (State) guideline harvest level
  in State waters of the BS and AI.
\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 that NMFS reserve 15 percent of 
the TAC for each target species (except for pollock, fixed gear 
allocation of sablefish, and Amendment 80 species) in a non-specified 
reserve. Section 679.20(b)(1)(ii)(B) requires that NMFS allocate 20 
percent of the fixed gear allocation of sablefish to the fixed-gear 
sablefish CDQ reserve for each subarea. Section 679.20(b)(1)(ii)(D) 
requires that NMFS allocate 7.5 percent of the trawl gear allocations 
of sablefish in the BS and AI and 10.7 percent of the BS Greenland 
turbot and arrowtooth flounder TACs to the respective CDQ reserves. 
Section 679.20(b)(1)(ii)(C) requires that NMFS allocate 10.7 percent of 
the TACs for Atka mackerel, AI Pacific ocean perch, yellowfin sole, 
rock sole, flathead sole, and Pacific cod to the respective CDQ 
reserves. Section 679.20(b)(1)(ii)(A) also requires that 10 percent of 
the BS pollock TAC be allocated to the pollock CDQ directed fishing 
allowance (DFA). Section 679.20(b)(1)(ii)(A) requires that 10 percent 
of the AI pollock TAC be allocated to the pollock CDQ DFA. The entire 
Bogoslof District pollock TAC is allocated as an ICA pursuant to Sec.  
679.20(a)(5)(ii) because the Bogoslof District is closed to directed 
fishing for pollock by regulation (Sec.  679.22(a)(7)(B)). With the 
exception of the fixed gear sablefish CDQ reserve, the regulations do 
not further apportion the CDQ allocations by gear.
    Pursuant to Sec.  679.20(a)(5)(i)(A)(1), NMFS allocates a pollock 
ICA of 50,000 mt of the BS pollock TAC after subtracting the 10 percent 
CDQ DFA. This allowance is based on NMFS's examination of the pollock 
incidental catch, including the incidental catch by CDQ vessels, in 
target fisheries other than pollock from 2000 through 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 establishes a pollock ICA of 2,500 mt of the AI pollock TAC 
after subtracting the 10 percent CDQ DFA. This allowance is based on 
NMFS's examination of the pollock incidental catch, including the 
incidental catch by CDQ vessels, in target fisheries other than pollock 
from 2003 through 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 allocates ICAs of 3,000 mt of 
flathead sole, 6,000 mt of rock sole, 4,000 mt of yellowfin sole, 10 mt 
of WAI Pacific ocean perch, 60 mt of CAI Pacific ocean perch, 100 mt of 
Eastern Aleutian district (EAI) Pacific ocean perch, 20 mt of Western 
Aleutian district (WAI) Atka mackerel, 75 mt of Central Aleutian 
district (CAI)

[[Page 14932]]

Atka mackerel, and 800 mt of EAI and BS Atka mackerel. These ICA 
allowances 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 non-specified 
reserve by species or species group. Any amount of the reserve may be 
apportioned to a target species that contributed to the non-specified 
reserves during the year, provided that such apportionments are 
consistent with Sec.  679.20(a)(3) and do not result in overfishing 
(see Sec.  679.20(b)(1)(i)). The Regional Administrator has determined 
that the ITACs specified for one species group listed in Tables 1 and 2 
need to be supplemented from the non-specified reserve because U.S. 
fishing vessels have demonstrated the capacity to catch the full TAC 
allocations. Therefore, in accordance with Sec.  679.20(b), NMFS is 
apportioning the amounts shown in Table 3 from the non-specified 
reserve to increase the ITAC for AI ``other rockfish'' by 15 percent of 
the ``other rockfish'' TAC in 2023 and 2024.

             Table 3--Final 2023 and 2024 Apportionment of Non-Specified Reserves to ITAC Categories
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                     2023                                   2024
      Species-area or subarea        2023 ITAC     reserve     2023 final   2024 ITAC     reserve     2024 final
                                                    amount        TAC                      amount        TAC
----------------------------------------------------------------------------------------------------------------
Other rockfish-Aleutian Islands             323           57          380          323           57          380
 subarea..........................
                                   -----------------------------------------------------------------------------
    Total.........................          323           57          380          323           57          380
----------------------------------------------------------------------------------------------------------------

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

    Section 679.20(a)(5)(i)(A) requires that the BS pollock TAC be 
apportioned as a DFA, after subtracting 10 percent for the CDQ program 
and 50,000 mt for the ICA in both 2023 and 2024, 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-June 10), and 55 percent 
of the DFAs are allocated to the B season (June 10-November 1) 
(Sec. Sec.  679.20(a)(5)(i)(B)(1) and 679.23(e)(2)). The AI directed 
pollock fishery allocation to the Aleut Corporation is the amount of 
pollock TAC remaining in the AI after subtracting 1,900 mt for the CDQ 
DFA (10 percent) and 2,500 mt for the ICA (Sec.  
679.20(a)(5)(iii)(B)(2)). In the AI, the total A season apportionment 
of the TAC (including the AI directed fishery allocation, the CDQ DFA, 
and the ICA) may not exceed 40 percent of the ABC for AI pollock, and 
the remainder of the TAC is allocated to the B season (Sec.  
679.20(a)(5)(iii)(B)(3)). Tables 4 and 5 list these 2023 and 2024 
amounts.
    Section 679.20(a)(5)(iii)(B)(6) sets harvest limits for pollock in 
the A season (January 20 to June 10) in Areas 543, 542, and 541. NMFS 
establishes harvest limits for pollock in the A season in Area 541 of 
no more than 30 percent, in Area 542 of no more than 15 percent, and in 
Area 543 of no more than 5 percent of the Aleutian Islands pollock ABC.
    Section 679.20(a)(5)(i)(A)(4) also includes several specific 
requirements regarding BS pollock allocations. First, it requires that 
8.5 percent of the pollock allocated to the CP sector be available for 
harvest by AFA CVs with CP sector endorsements, unless the Regional 
Administrator receives a cooperative contract that allows for the 
distribution of harvest among AFA CPs and AFA CVs in a manner agreed to 
by all members. Second, AFA CPs not listed in the AFA are limited to 
harvesting not more than 0.5 percent of the pollock allocated to the CP 
sector. Tables 4 and 5 list the 2023 and 2024 allocations of pollock 
TAC. Table 20 lists the AFA CP prohibited species sideboard limits, and 
Tables 21 and 22 list the AFA CV groundfish and prohibited species 
sideboard limits. The tables for the pollock allocations to the BS 
inshore pollock cooperatives and open access sector will be posted on 
the Alaska Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-groundfish-fisheries-management.
    Tables 4 and 5 also list seasonal apportionments of pollock and 
harvest limits within the Steller Sea Lion Conservation Area (SCA). The 
harvest of pollock within the SCA, as defined at Sec.  
679.22(a)(7)(vii), is limited to no more than 28 percent of the annual 
pollock DFA before 12 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.

    Table 4--Final 2023 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ Directed
                                          Fishing Allowances (DFA) \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                      2023 A season \1\        2023 B season \1\
                                                    2023      --------------------------------------------------
               Area and sector                  Allocations                      SCA harvest
                                                                A season DFA      limit \2\       B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\..................        1,300,000             n/a             n/a                n/a
CDQ DFA.....................................          130,000          58,500          36,400             71,500
ICA \1\.....................................           50,000             n/a             n/a                n/a
Total Bering Sea non-CDQ DFA................        1,120,000         504,000         313,600            616,000
AFA Inshore.................................          560,000         252,000         156,800            308,000
AFA Catcher/Processors \3\..................          448,000         201,600         125,440            246,400
    Catch by CPs............................          409,920         184,464             n/a            225,456
    Catch by CVs \3\........................           38,080          17,136             n/a             20,944
    Unlisted CP Limit \4\...................            2,240           1,008             n/a              1,232
AFA Motherships.............................          112,000          50,400          31,360             61,600

[[Page 14933]]

 
Excessive Harvesting Limit \5\..............          196,000             n/a             n/a                n/a
Excessive Processing Limit \6\..............          336,000             n/a             n/a                n/a
Aleutian Islands subarea ABC................           43,413             n/a             n/a                n/a
Aleutian Islands subarea TAC \1\............           19,000             n/a             n/a                n/a
CDQ DFA.....................................            1,900           1,856             n/a                 44
ICA.........................................            2,500           1,250             n/a              1,250
Aleut Corporation...........................           14,600          14,260             n/a                340
Area harvest limit \7\......................              n/a             n/a             n/a                n/a
    541.....................................           13,024             n/a             n/a                n/a
    542.....................................            6,512             n/a             n/a                n/a
    543.....................................            2,171             n/a             n/a                n/a
Bogoslof District ICA \8\...................              300             n/a             n/a                n/a
----------------------------------------------------------------------------------------------------------------
Note: Seasonal or sector apportionments may not total precisely due to rounding.
\1\ Pursuant to Sec.   679.20(a)(5)(i)(A), the Bering Sea subarea pollock TAC, after subtracting the CDQ DFA (10
  percent) and the ICA (50,000 mt, 4.27 percent), is allocated as a DFA as follows: inshore sector--50 percent,
  catcher/processor sector (CP)--40 percent, and mothership sector--10 percent. In the Bering Sea subarea, 45
  percent of the 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). When the AI pollock ABC equals or exceeds 19,000 mt, the
  annual TAC is equal to 19,000 mt (Sec.   679.20(a)(5)(iii)(B)(1)). Pursuant to Sec.   679.20(a)(5)(iii)(B)(2),
  the Aleutian Islands subarea pollock TAC, after subtracting first for the CDQ DFA (10 percent) and second for
  the ICA (2,500 mt), is allocated to the Aleut Corporation for a pollock directed fishery. In the Aleutian
  Islands subarea, the A season is allocated no more than 40 percent of the Aleutian Islands pollock ABC.
\2\ In the Bering Sea subarea, pursuant to Sec.   679.20(a)(5)(i)(C), no more than 28 percent of each sector's
  annual DFA may be taken from the SCA before 12 p.m. (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 catcher/processors are limited to harvesting
  not more than 0.5 percent of the catcher/processor sector's allocation of pollock.
\5\ Pursuant to Sec.   679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
  percent of the sum of the non-CDQ pollock DFAs.
\6\ Pursuant to Sec.   679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30
  percent of the sum of the non-CDQ pollock DFAs.
\7\ Pursuant to Sec.   679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
  Area 541 of no more than 30 percent, in Area 542 of no more than 15 percent, and in Area 543 of no more than 5
  percent of the Aleutian Islands pollock ABC.
\8\ Pursuant to Sec.   679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The
  amounts specified are for incidental catch only and are not apportioned by season or sector.


    Table 5--Final 2024 Allocations of Pollock TACs to the Directed Pollock Fisheries And to the CDQ Directed
                                          Fishing Allowances (DFA) \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                      2024 A season \1\        2024 B season \1\
                                                    2024      --------------------------------------------------
               Area and sector                  Allocations                      SCA harvest
                                                                A season DFA      limit \2\       B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea..........................
TAC\1\......................................        1,302,000             n/a             n/a                n/a
CDQ DFA.....................................          130,200          58,590          36,456             71,610
ICA \1\.....................................           50,000             n/a             n/a                n/a
Total Bering Sea non-CDQ DFA................        1,121,800         504,810         314,104            616,990
AFA Inshore.................................          560,900         252,405         157,052            308,495
AFA Catcher/Processors \3\..................          448,720         201,924         125,642            246,796
    Catch by CPs............................          410,579         184,760             n/a            225,818
    Catch by CVs \3\........................           38,141          17,164             n/a             20,978
    Unlisted CP Limit \4\...................            2,244           1,010             n/a              1,234
AFA Motherships.............................          112,180          50,481          31,410             61,699
Excessive Harvesting Limit \5\..............          196,315             n/a             n/a                n/a
Excessive Processing Limit \6\..............          336,540             n/a             n/a                n/a
Aleutian Islands subarea ABC................           43,092             n/a             n/a                n/a
Aleutian Islands subarea TAC \1\............           19,000             n/a             n/a                n/a
CDQ DFA.....................................            1,900           1,841             n/a                 59
ICA.........................................            2,500           1,250             n/a              1,250
Aleut Corporation...........................           14,600          14,146             n/a                454
Area harvest limit \7\......................              n/a             n/a             n/a                n/a
    541.....................................           12,928             n/a             n/a                n/a
    542.....................................            6,464             n/a             n/a                n/a
    543.....................................            2,155             n/a             n/a                n/a

[[Page 14934]]

 
Bogoslof District ICA \8\...................              300             n/a             n/a                n/a
----------------------------------------------------------------------------------------------------------------
Note: Seasonal or sector apportionments may not total precisely due to rounding.
\1\ Pursuant to Sec.   679.20(a)(5)(i)(A), the Bering Sea subarea pollock TAC, after subtracting the CDQ DFA (10
  percent) and the ICA (50,000 mt, 4.27 percent), is allocated as a DFA as follows: inshore sector--50 percent,
  catcher/processor sector (CP)--40 percent, and mothership sector--10 percent. In the Bering Sea subarea, 45
  percent of the 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). When the AI pollock ABC equals or exceeds 19,000 mt, the
  annual TAC is equal to 19,000 mt (Sec.   679.20(a)(5)(iii)(B)(1)). Pursuant to Sec.   679.20(a)(5)(iii)(B)(2),
  the Aleutian Islands subarea pollock TAC, after subtracting first for the CDQ DFA (10 percent) and second for
  the ICA (2,500 mt), is allocated to the Aleut Corporation for a pollock directed fishery. In the Aleutian
  Islands subarea, the A season is allocated no more than 40 percent of the Aleutian Islands pollock ABC.
\2\ In the Bering Sea subarea, pursuant to Sec.   679.20(a)(5)(i)(C), no more than 28 percent of each sector's
  annual DFA may be taken from the SCA before 12 p.m. (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 catcher/processors are limited to harvesting
  not more than 0.5 percent of the catcher/processor sector's allocation of pollock.
\5\ Pursuant to Sec.   679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
  percent of the sum of the non-CDQ pollock DFAs.
\6\ Pursuant to Sec.   679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30
  percent of the sum of the non-CDQ pollock DFAs.
\7\ Pursuant to Sec.   679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
  Area 541 of no more than 30 percent, in Area 542 of no more than 15 percent, and in Area 543 of no more than 5
  percent of the Aleutian Islands pollock ABC.
\8\ Pursuant to Sec.   679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The
  amounts specified are for incidental catch only and are not apportioned by season or sector.

Allocation of the Atka Mackerel TACs

    Section 679.20(a)(8) allocates the Atka mackerel TACs to the 
Amendment 80 and BSAI trawl limited access sectors, after subtracting 
the CDQ reserves, ICAs for the BSAI trawl limited access sector and 
non-trawl gear sector, and the jig gear allocation (Tables 6 and 7). 
The percentage of the ITAC for Atka mackerel allocated to the Amendment 
80 and BSAI trawl limited access sectors is listed in Table 33 to 50 
CFR part 679 and in Sec.  679.91. Pursuant to Sec.  679.20(a)(8)(i), up 
to 2 percent of the EAI and the BS Atka mackerel TAC may be allocated 
to vessels using jig gear. The percent of this allocation is 
recommended annually by the Council based on several criteria, 
including, among other criteria, the anticipated harvest capacity of 
the jig gear fleet. The Council recommended, and NMFS approves, a 0.5 
percent allocation of the Atka mackerel TAC in the EAI and BS to the 
jig gear sector in 2023 and 2024.
    Section 679.20(a)(8)(ii)(A) apportions the Atka mackerel TAC, after 
subtraction of the jig gear allocation, into two equal seasonal 
allowances. Section 679.23(e)(3) sets the first seasonal allowance for 
directed fishing with trawl gear from January 20 through June 10 (A 
season), and the second seasonal allowance from June 10 through 
December 31 (B season). Section 679.23(e)(4)(iii) applies Atka mackerel 
seasons to CDQ Atka mackerel trawl fishing. 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 ICAs and jig gear allocations are not 
apportioned by season.
    Sections 679.20(a)(8)(ii)(C)(1)(i) and (ii) limits Atka mackerel 
catch within waters 0 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 TACs between the A 
and B seasons as defined at Sec.  679.23(e)(3). Section 
679.20(a)(8)(ii)(C)(2) requires that the annual TAC in Area 543 will be 
no more than 65 percent of the ABC in Area 543. Section 
679.20(a)(8)(ii)(D) requires that any unharvested Atka mackerel A 
season allowance that is added to the B season be prohibited from being 
harvested within waters 0 nmi to 20 nmi of Steller sea lion sites 
listed in Table 6 to 50 CFR part 679 and located in Areas 541, 542, and 
543.
    Tables 6 and 7 list these 2023 and 2024 Atka mackerel seasonal and 
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 sole Amendment 80 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.

[[Page 14935]]



 Table 6--Final 2023 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch Allowance, and
                             Amendment 80 Allocations of the BSAI Atka Mackerel TAC
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                            2023 Allocation by area
                                                              --------------------------------------------------
                                               Season \2\ \3\      Eastern
                 Sector \1\                         \4\           Aleutian         Central      Western Aleutian
                                                                  district/       Aleutian          district
                                                                 Bering Sea     district \5\
----------------------------------------------------------------------------------------------------------------
TAC.........................................              n/a          27,260          17,351             24,671
CDQ reserve.................................            Total           2,917           1,857              2,640
                                                            A           1,458             928              1,320
                                                     Critical             n/a             557                792
                                                      Habitat
                                                            B           1,458             928              1,320
                                                     Critical             n/a             557                792
                                                      Habitat
Non-CDQ TAC.................................              n/a          24,343          15,494             22,031
ICA.........................................            Total             800              75                 20
Jig \6\.....................................            Total             118  ..............  .................
BSAI trawl limited access...................            Total           2,343           1,542  .................
                                                            A           1,171             771  .................
                                                     Critical             n/a             463  .................
                                                      Habitat
                                                            B           1,171             771  .................
                                                     Critical             n/a             463  .................
                                                      Habitat
Amendment 80 sector.........................            Total          21,083          13,877             22,011
                                                            A          10,541           6,939             11,006
                                                     Critical             n/a           4,163              6,603
                                                      Habitat
                                                            B          10,541           6,939             11,006
                                                     Critical             n/a           4,163              6,603
                                                      Habitat
----------------------------------------------------------------------------------------------------------------
Note: Seasonal or sector apportionments may not total precisely due to rounding.
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and jig
  gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for
  Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50 CFR
  part 679 and Sec.   679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec.
  679.20(b)(1)(ii)(C)).
\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; section 679.20(a)(8)(ii)(C)(1)(ii) equally divides the
  annual TACs between the A and B seasons as defined at Sec.   679.23(e)(3); and section 679.20(a)(8)(ii)(C)(2)
  requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
\6\ Sections 679.2 and 679.20(a)(8)(i) require that up to 2 percent of the Eastern Aleutian Islands District and
  the Bering Sea subarea TAC be allocated to jig gear after subtracting the CDQ reserve and the ICA. NMFS sets
  the amount of this allocation for 2023 at 0.5 percent. The jig gear allocation is not apportioned by season.


 Table 7--Final 2024 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch Allowance, and
                              Amendment 80 Allocation of the BSAI Atka Mackerel TAC
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                            2024 Allocation by area
                                                              --------------------------------------------------
                                               Season \2\ \3\      Eastern
                 Sector \1\                         \4\           Aleutian         Central      Western Aleutian
                                                                  district/       Aleutian        district \5\
                                                               Bering Sea \5\   district \5\
----------------------------------------------------------------------------------------------------------------
TAC.........................................              n/a          30,000          15,218             21,637
CDQ reserve.................................            Total           3,210           1,628              2,315
                                                            A           1,605             814              1,158
                                                     Critical             n/a             488                695
                                                      Habitat
                                                            B           1,605             814              1,158
                                                     Critical             n/a             488                695
                                                      Habitat
non-CDQ TAC.................................              n/a          26,790          13,590             19,322
ICA.........................................            Total             800              75                 20
Jig \6\.....................................            Total             130  ..............  .................
BSAI trawl limited access...................            Total           2,586           1,351  .................
                                                            A           1,293             676  .................
                                                     Critical             n/a             405  .................
                                                      Habitat
                                                            B           1,293             676  .................
                                                     Critical             n/a             405  .................
                                                      Habitat
Amendment 80 sectors \7\....................            Total          23,274          12,163             19,302
                                                            A          11,637           6,082              9,651
                                                     Critical             n/a           3,649              5,791
                                                      Habitat
                                                            B          11,637           6,082              9,651

[[Page 14936]]

 
                                                     Critical             n/a           3,649              5,791
                                                      Habitat
----------------------------------------------------------------------------------------------------------------
Note: Seasonal or sector apportionments may not total precisely due to rounding.
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and jig
  gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for
  Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50 CFR
  part 679 and Sec.   679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec.
  679.20(b)(1)(ii)(C)).
\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; section 679.20(a)(8)(ii)(C)(1)(ii) equally divides the
  annual TACs between the A and B seasons as defined at Sec.   679.23(e)(3); and section 679.20(a)(8)(ii)(C)(2)
  requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
\6\ Sections 679.2 and 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian Islands District
  and the Bering Sea subarea TAC be allocated to jig gear after subtracting the CDQ reserve and the ICA. NMFS
  sets the amount of this allocation for 2024 at 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 BSAI subarea OFLs, ABCs, and TACs for Pacific 
cod in 2014 (79 FR 12108, March 4, 2014). Section 679.20(b)(1)(ii)(C) 
allocates 10.7 percent of the BS TAC and the AI TAC to the CDQ program. 
After CDQ allocations have been deducted from the respective BS and AI 
Pacific cod TACs, the remaining BSAI Pacific cod TACs are combined for 
calculating further BSAI Pacific cod sector allocations. If the non-CDQ 
Pacific cod TAC is or will be reached in either the BS or the AI 
subareas, NMFS will prohibit non-CDQ directed fishing for Pacific cod 
in that subarea as provided in Sec.  679.20(d)(1)(iii).
    Section 679.20(a)(7)(ii) allocates to the non-CDQ sectors the 
Pacific cod TAC in the combined BSAI, after subtracting 10.7 percent 
for the CDQ program, as follows: 1.4 percent to vessels using jig gear; 
2.0 percent to hook-and-line or pot CVs less than 60 ft (18.3 m) length 
overall (LOA); 0.2 percent to hook-and-line CVs greater than or equal 
to 60 ft (18.3 m) LOA; 48.7 percent to hook-and-line CPs; 8.4 percent 
to pot CVs greater than or equal to 60 ft (18.3 m) LOA; 1.5 percent to 
pot CPs; 2.3 percent to AFA trawl CPs; 13.4 percent to Amendment 80 
sector; and 22.1 percent to trawl CVs. The ICA for the hook-and-line 
and pot sectors will be deducted from the aggregate portion of Pacific 
cod TAC allocated to the hook-and-line and pot sectors. For 2023 and 
2024, the Regional Administrator establishes an ICA of 500 mt based on 
anticipated incidental catch by these sectors in other fisheries. 
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 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 sole Amendment 80 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.
    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)). Tables 8 and 9 list 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 2022 stock assessment, the Regional Administrator 
determined for 2023 and 2024 the estimated amount of Pacific cod 
abundance in Area 543 is 15.7 percent of the total AI abundance. To 
calculate the Area 543 Pacific cod harvest limit, NMFS first subtracts 
the State GHL Pacific cod amount from the AI Pacific cod ABC. Then NMFS 
determines the harvest limit in Area 543 by multiplying the percentage 
of Pacific cod estimated in Area 543 (15.7 percent) by the remaining 
ABC for AI Pacific cod. Based on these calculations, the Area 543 
harvest limit is 2,233 mt for 2023 and 2024.
    On March 21, 2019, the final rule adopting Amendment 113 to the FMP 
(81 FR 84434, November 23, 2016) was vacated by the U.S. District Court 
for the District of Columbia (Groundfish Forum v. Ross, No. 16-2495 
(D.D.C. March 21, 2019)), and the corresponding regulations 
implementing Amendment 113 are no longer in effect. Therefore, this 
final rule is not specifying amounts for the AI Pacific Cod Catcher 
Vessel Harvest Set-Aside Program (see Sec.  679.20(a)(7)(viii)). NMFS 
anticipates that in 2024 the regulations at Sec.  679.20(a)(7)(viii) 
will be removed through implementation of the PCTC Program, if 
Amendment 122 and its regulations are approved by the Secretary of 
Commerce (described above

[[Page 14937]]

in Other Actions Affecting the 2023 and 2024 Harvest Specifications).
    Based on the final 2023 and 2024 Pacific cod TACs, Table 8 and 
Table 9 list 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 8--Final 2023 Sector Allocations and Seasonal Allowances of the BSAI Pacific Cod TAC
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                    2023 Seasonal apportionment
             Sector                   Percent      2023 Share of   2023 Share of -------------------------------
                                                       total       sector total          Season          Amount
----------------------------------------------------------------------------------------------------------------
BS TAC..........................             n/a         127,409             n/a  n/a................        n/a
BS CDQ..........................             n/a          13,633             n/a  see Sec.                   n/a
                                                                                   679.20(a)(7)(i)(B).
BS non-CDQ TAC..................             n/a         113,776             n/a  n/a................        n/a
AI TAC..........................             n/a           8,425             n/a  n/a................        n/a
AI CDQ..........................             n/a             901             n/a  see Sec.                   n/a
                                                                                   679.20(a)(7)(i)(B).
AI non-CDQ TAC..................             n/a           7,524             n/a  n/a................        n/a
Area 543 Western Aleutian Island             n/a           2,233             n/a  n/a................        n/a
 Limit.
Total BSAI non-CDQ TAC \1\......             100         121,300             n/a  n/a................        n/a
Total hook-and-line/pot gear....            60.8          73,750             n/a  n/a................        n/a
Hook-and-line/pot ICA \2\.......             n/a             500             n/a  see Sec.                   n/a
                                                                                   679.20(a)(7)(ii)(B
                                                                                   ).
Hook-and-line/pot sub-total.....             n/a          73,250             n/a  n/a................        n/a
Hook-and-line catcher/processor.            48.7             n/a          58,672  Jan 1-Jun 10.......     29,923
                                                                                  Jun 10-Dec 31......  .........
                                                                                                          28,750
Hook-and-line catcher vessel                 0.2             n/a             241  Jan 1-Jun 10.......        123
 [gteqt]60 ft LOA.                                                                Jun 10-Dec 31......  .........
                                                                                                             118
Pot catcher/processor...........             1.5             n/a           1,807  Jan 1-Jun 10.......        922
                                                                                  Sept 1-Dec 31......  .........
                                                                                                             886
Pot catcher vessel [gteqt]60 ft              8.4             n/a          10,120  Jan 1-Jun 10.......      5,161
 LOA.                                                                             Sept 1-Dec 31......  .........
                                                                                                           4,959
Catcher vessel <60 ft LOA using              2.0             n/a           2,410  n/a................        n/a
 hook-and-line or pot gear.
Trawl catcher vessel............            22.1          26,807             n/a  Jan 20-Apr 1.......     19,837
                                                                                  Apr 1-Jun 10.......  .........
                                                                                  Jun 10-Nov 1.......      2,949
                                                                                                       .........
                                                                                                           4,021
AFA trawl catcher/processor.....             2.3           2,790             n/a  Jan 20-Apr 1.......      2,092
                                                                                  Apr 1-Jun 10.......  .........
                                                                                  Jun 10-Nov 1.......        697
Amendment 80....................            13.4          16,254             n/a  Jan 20-Apr 1.......     12,191
                                                                                  Apr 1-Jun 10.......  .........
                                                                                  Jun 10-Dec 31......      4,064
Jig.............................             1.4           1,698             n/a  Jan 1-Apr 30.......      1,019
                                                                                  Apr 30-Aug 31......        340
                                                                                  Aug 31-Dec 31......        340
----------------------------------------------------------------------------------------------------------------
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 the subtraction of the reserves for the CDQ program. If the TAC for Pacific cod in
  either the AI or BS is or will be reached, then directed fishing for non-CDQ Pacific cod in that subarea will
  be prohibited, even if a BSAI allowance remains (Sec.   679.20(d)(1)(iii)).
\2\ The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC
  allocated to the hook-and-line and pot sectors. The Regional Administrator approves an ICA of 500 mt for 2023
  based on anticipated incidental catch by these sectors in other fisheries.


           Table 9--Final 2024 Sector Allocations and Seasonal Allowances of the BSAI Pacific Cod TAC
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                    2024 Seasonal apportionment
             Sector                   Percent       2024 Share     2024 Share of -------------------------------
                                                       total       sector total          Season          Amount
----------------------------------------------------------------------------------------------------------------
BS TAC..........................             n/a         123,295             n/a  n/a................        n/a
BS CDQ..........................             n/a          13,193             n/a  see Sec.                   n/a
                                                                                   679.20(a)(7)(i)(B).
BS non-CDQ TAC..................             n/a         110,102             n/a  n/a................        n/a
AI TAC..........................             n/a           8,425             n/a  n/a................        n/a
AI CDQ..........................             n/a             901             n/a  see Sec.                   n/a
                                                                                   679.20(a)(7)(i)(B).
AI non-CDQ TAC..................             n/a           7,524             n/a  n/a................        n/a
Area 543 Western Aleutian Island             n/a           2,233             n/a  n/a................        n/a
 Limit.

[[Page 14938]]

 
Total BSAI non-CDQ TAC \1\......             n/a         117,626             n/a  n/a................        n/a
Total hook-and-line/pot gear....            60.8          71,517             n/a  n/a................        n/a
Hook-and-line/pot ICA \2\.......             n/a             500             n/a  see Sec.                   n/a
                                                                                   679.20(a)(7)(ii)(B
                                                                                   ).
Hook-and-line/pot sub-total.....             n/a          71,017             n/a  n/a................        n/a
Hook-and-line catcher/processor.            48.7             n/a          56,883  Jan 1-Jun 10.......     29,011
                                                                                  Jun 10-Dec 31......  .........
                                                                                                          27,873
Hook-and-line catcher vessel                 0.2             n/a             234  Jan 1-Jun 10.......        119
 [gteqt]60 ft LOA.                                                                Jun 10-Dec 31......  .........
                                                                                                             114
Pot catcher/processor...........             1.5             n/a           1,752  Jan 1-Jun 10.......        894
                                                                                  Sept 1-Dec 31......  .........
                                                                                                             859
Pot catcher vessel [gteqt]60 ft              8.4             n/a           9,812  Jan 1-Jun 10.......      5,004
 LOA.                                                                             Sept 1-Dec 31......  .........
                                                                                                           4,808
Catcher vessel <60 ft LOA using              2.0             n/a           2,336  n/a................        n/a
 hook-and-line or pot gear.
Trawl catcher vessel............            22.1          25,995             n/a  Jan 20-Apr 1.......     19,237
                                                                                  Apr 1-Jun 10.......  .........
                                                                                  Jun 10-Nov 1.......      2,859
                                                                                                       .........
                                                                                                           3,899
AFA trawl catcher/processor.....             2.3           2,705             n/a  Jan 20-Apr 1.......      2,029
                                                                                  Apr 1-Jun 10.......  .........
                                                                                  Jun 10-Nov 1.......        676
Amendment 80....................            13.4          15,762             n/a  Jan 20-Apr 1.......     11,821
                                                                                  Apr 1-Jun 10.......  .........
                                                                                  Jun 10-Dec 31......      3,940
Jig.............................             1.4           1,647             n/a  Jan 1-Apr 30.......        988
                                                                                  Apr 30-Aug 31......        329
                                                                                  Aug 31-Dec 31......        329
----------------------------------------------------------------------------------------------------------------
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 the subtraction of the reserves for the CDQ program. If the TAC for Pacific cod in
  either the AI or BS is or will be reached, then directed fishing for non-CDQ Pacific cod in that subarea will
  be prohibited, even if a BSAI allowance remains (Sec.   679.20(d)(1)(iii)).
\2\ The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC
  allocated to the hook-and-line and pot sectors. The Regional Administrator approves an ICA of 500 mt for 2024
  based on anticipated incidental catch by these sectors in other fisheries.

Sablefish Gear Allocation

    Sections 679.20(a)(4)(iii) and (iv) require allocation of the 
sablefish TAC for the BS and AI subareas between the trawl gear and 
fixed gear sectors. Gear allocations of the sablefish TAC for the BS 
are 50 percent for trawl gear and 50 percent for fixed gear. Gear 
allocations of the TAC for the AI are 25 percent for trawl gear and 75 
percent for fixed gear. Section 679.20(b)(1)(ii)(B) requires that NMFS 
apportions 20 percent of the fixed gear allocation of sablefish TAC to 
the CDQ reserve for each subarea. Also, Sec.  679.20(b)(1)(ii)(D)(1) 
requires that in the BS and AI 7.5 percent of the trawl gear allocation 
of sablefish TAC from the non-specified reserve, established under 
Sec.  679.20(b)(1)(i), be assigned to the CDQ reserve.
    The Council recommended that only trawl sablefish TAC be 
established biennially. The harvest specifications for the fixed 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 10 lists the 2023 
and 2024 gear allocations of the sablefish TAC and CDQ reserve amounts.

                                    Table 10--Final 2023 and 2024 Gear Shares and CDQ Reserve of BSAI Sablefish TACs
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Percent of   2023 Share                 2023 CDQ    2024 Share                 2024 CDQ
                       Subarea and gear                            TAC         of TAC     2023 ITAC     reserve       of TAC     2024 ITAC     reserve
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea...................................................
    Trawl gear \1\...........................................           50        3,998        3,398          300        4,838        4,112          363
    Fixed gear \2\...........................................           50        3,998        3,198          800          n/a          n/a          n/a
                                                              ------------------------------------------------------------------------------------------

[[Page 14939]]

 
        Total................................................          100        7,996        6,597        1,099        4,838        4,112          363
--------------------------------------------------------------------------------------------------------------------------------------------------------
Aleutian Islands.............................................
    Trawl gear \1\...........................................           25        2,110        1,794          158        2,448        2,081          184
    Fixed gear \2\...........................................           75        6,330        5,064        1,266          n/a          n/a          n/a
                                                              ------------------------------------------------------------------------------------------
        Total................................................          100        8,440        6,858        1,424        2,448        2,081          184
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 non-specified reserve (Sec.   679.20(b)(1)(i)).
  The ITAC for vessels using trawl gear is the remainder of the TAC after subtracting this reserve. In the BS and AI, 7.5 percent of the trawl gear
  allocation of the TAC is assigned from the non-specified reserve to the CDQ reserve (Sec.   679.20(b)(1)(ii)(D)(1)).
\2\ For the portion of the sablefish TAC allocated to vessels using fixed gear, 20 percent of the allocated TAC for the BS and AI is reserved for use by
  CDQ participants (Sec.   679.20(b)(1)(ii)(B)). The ITAC for vessels using fixed gear is the remainder of the TAC after subtracting the CDQ reserve for
  each subarea. The Council recommended that specifications for the fixed 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

    Sections 679.20(a)(10)(i) and (ii) require that NMFS allocate AI 
Pacific ocean perch and BSAI flathead sole, rock sole, and yellowfin 
sole ITACs between the Amendment 80 sector and the BSAI trawl limited 
access sector, after subtracting 10.7 percent for the CDQ reserves and 
ICAs for the BSAI trawl limited access sector and vessels using non-
trawl gear. The allocations of the ITACs for AI Pacific ocean perch and 
BSAI flathead sole, rock sole, and yellowfin sole to the Amendment 80 
sector are established in accordance with Tables 33 and 34 to 50 CFR 
part 679 and Sec.  679.91.
    One Amendment 80 cooperative has formed for the 2023 fishing year. 
Because all Amendment 80 vessels are part of the sole Amendment 80 
cooperative, no allocation to the Amendment 80 limited access sector is 
required for 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. Tables 11 and 12 list 
the 2023 and 2024 allocations of the AI Pacific ocean perch and BSAI 
flathead sole, rock sole, and yellowfin sole TACs.

 Table 11--Final 2023 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAs), and Amendment 80 Allocations of the Aleutian Islands
                                     Pacific Ocean Perch and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACs
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Pacific ocean perch                Flathead sole     Rock sole    Yellowfin sole
                                                         -----------------------------------------------------------------------------------------------
                         Sector                               Eastern         Central         Western
                                                             Aleutian        Aleutian        Aleutian          BSAI            BSAI            BSAI
                                                             district        district        district
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC.....................................................           8,152           5,648          12,000          35,500          66,000         230,000
CDQ.....................................................             872             604           1,284           3,799           7,062          24,610
ICA.....................................................             100              60              10           3,000           6,000           4,000
BSAI trawl limited access...............................             718             498             214  ..............  ..............          45,498
Amendment 80............................................           6,462           4,485          10,492          28,702          52,938         155,892
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Sector apportionments may not total precisely due to rounding.


 Table 12--Final 2024 Community Development Quota (CDC) Reserves, Incidental Catch Amounts (ICAs), and Amendment 80 Allocations of the Aleutian Islands
                                     Pacific Ocean Perch and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACs
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Pacific ocean perch                Flathead sole     Rock sole    Yellowfin sole
                                                         -----------------------------------------------------------------------------------------------
                         Sector                               Eastern         Central         Western
                                                             Aleutian        Aleutian        Aleutian          BSAI            BSAI            BSAI
                                                             district        district        district
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC.....................................................           8,013           5,551          13,000          35,500          66,000         230,656
CDQ.....................................................             857             594           1,391           3,799           7,062          24,680
ICA.....................................................             100              60              10           3,000           6,000           4,000
BSAI trawl limited access...............................             706             490             232  ..............  ..............          45,733
Amendment 80 \1\........................................           6,350           4,407          11,367          28,702          52,938         156,243
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Sector apportionments may not total precisely due to rounding.
\1\ 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.


[[Page 14940]]

    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. Section 679.91(i)(2) establishes Amendment 80 
cooperatives ABC reserve to be the ratio of each cooperatives' quota 
share units and the total Amendment 80 quota share units, multiplied by 
the Amendment 80 ABC reserve for each respective species. Table 13 
lists the 2023 and 2024 ABC surplus and ABC reserves for BSAI flathead 
sole, rock sole, and yellowfin sole.

 Table 13--Final 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]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         2023 Flathead                  2023 Yellowfin      2024 \1\      2024 \1\ Rock      2024 \1\
                        Sector                               sole       2023 Rock sole       sole        Flathead sole        sole        Yellowfin sole
--------------------------------------------------------------------------------------------------------------------------------------------------------
ABC...................................................          65,344         121,719         378,499           66,927         119,969          462,890
TAC...................................................          35,500          66,000         230,000           35,500          66,000          230,656
ABC surplus...........................................          29,844          55,719         148,499           31,427          53,969          232,234
ABC reserve...........................................          29,844          55,719         148,499           31,427          53,969          232,234
CDQ ABC reserve.......................................           3,193           5,962          15,889            3,363           5,775           24,849
Amendment 80 ABC reserve..............................          26,651          49,757         132,610           28,064          48,194          207,385
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ 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.

PSC Limits for Halibut, Salmon, Crab, and Herring

    Section 679.21, at paragraphs (b), (e), (f), and (g), sets forth 
the BSAI PSC limits. Pursuant to Sec.  679.21(b)(1), the annual BSAI 
halibut PSC limits total 3,515 mt. Section 679.21(b)(1) allocates 315 
mt of the halibut PSC limit as the PSQ reserve for use by the 
groundfish CDQ Program, 1,745 mt of the halibut PSC limit for the 
Amendment 80 sector, 745 mt of the halibut PSC limit for the BSAI trawl 
limited access sector, and 710 mt of the halibut PSC limit for the BSAI 
non-trawl sector.
    Section 679.21(b)(1)(iii)(A) and (B) requires apportionment of the 
BSAI non-trawl halibut PSC limit into PSC allowances among six fishery 
categories in Table 17, and Sec.  679.21(b)(1)(ii)(A) and (B), 
(e)(3)(i)(B), and (e)(3)(iv) requires apportionment of the trawl PSC 
limits in Tables 15 and 16 into PSC allowances among seven fishery 
categories. These apportionments into PSC allowances are based on the 
fishery categories' share of anticipated halibut PSC during the fishing 
year and the need to optimize the amount of total groundfish harvested 
under the halibut PSC limit for the non-trawl and trawl sectors.
    Pursuant to Section 3.6 of the FMP, the Council recommends, and 
NMFS agrees, that certain specified non-trawl fisheries be exempt from 
the halibut PSC limit. As in past years, after consultation with the 
Council, NMFS exempts the pot gear fishery, the jig gear fishery, and 
the sablefish IFQ fixed gear fishery categories from halibut bycatch 
restrictions for the following reasons: (1) the pot gear fisheries have 
low halibut bycatch mortality; (2) NMFS estimates halibut mortality for 
the jig gear fleet to be negligible because of the small size of the 
fishery and the selectivity of the gear; and (3) the sablefish and 
halibut IFQ fisheries have low halibut bycatch mortality because the 
IFQ program requires that legal-size halibut be retained by vessels 
using fixed gear if a halibut IFQ permit holder or a hired master is 
aboard and is holding unused halibut IFQ for that vessel category and 
the IFQ regulatory area in which the vessel is operating (Sec.  
679.7(f)(11)).
    The 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 no groundfish. Most vessels in 
the jig gear fleet are exempt from observer coverage requirements. As a 
result, observer data are not available on halibut bycatch in the jig 
gear fishery. As mentioned above, NMFS estimates a negligible amount of 
halibut bycatch mortality because of the selective nature of jig gear 
and the low mortality rate of halibut caught with jig gear and 
released.
    Under Sec.  679.21(f)(2), NMFS annually allocates portions of 
either 33,318, 45,000, 47,591, or 60,000 Chinook salmon PSC limits 
among the AFA sectors, depending on past bycatch performance, on 
whether Chinook salmon bycatch incentive plan agreements (IPAs) are 
formed and approved by NMFS, and on whether NMFS determines it is a low 
Chinook salmon abundance year. NMFS will determine that it is a low 
Chinook salmon abundance year when abundance of Chinook salmon in 
western Alaska is less than or equal to 250,000 Chinook salmon. The 
State of Alaska provides to NMFS an estimate of Chinook salmon 
abundance using the 3-System Index for western Alaska based on the 
Kuskokwim, Unalakleet, and Upper Yukon aggregate stock grouping.
    If an AFA sector participates in an approved IPA and has not 
exceeded its performance standard under Sec.  679.21(f)(6), and if it 
is not a low Chinook salmon abundance year, then NMFS will allocate a 
portion of the 60,000 Chinook salmon PSC limit to that sector as 
specified in Sec.  679.21(f)(3)(iii)(A). If no IPA is approved, or if 
the sector has exceeded its performance standard under Sec.  
679.21(f)(6), and if it is not a low abundance year, then NMFS will 
allocate a portion of the 47,591 Chinook salmon PSC limit to that 
sector as specified in Sec.  679.21(f)(3)(iii)(C). If an AFA sector 
participates in an approved IPA and has not exceeded its

[[Page 14941]]

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 for the A season pollock fishery, and 30 percent for the B 
season pollock fishery (Sec. Sec.  679.21(f)(3)(i) and 679.23(e)(2)). 
In 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://alaskafisheries.noaa.gov/sustainablefisheries/bycatch/default.htm.
    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. Section 679.21(e)(3)(i)(A)(1) allocates 
10.7 percent from each trawl gear PSC limit specified for crab as a PSQ 
reserve for use by the groundfish CDQ program.
    Based on 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 
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 below 8.4 million mature red king crab.
    Section 679.21(e)(3)(ii)(B)(2) establishes criteria under which 
NMFS must specify an annual red king crab bycatch limit for the Red 
King Crab Savings Subarea (RKCSS) if the State has established a GHL 
fishery for red king crab in the Bristol Bay area in the previous year. 
The State's Department of Fish and Game (ADF&G) and NMFS have reviewed 
the final 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 for 2023. Also, NMFS closed directed fishing for groundfish 
for vessels using non-pelagic trawl gear in the RKCSS for 2023 (88 FR 
3930, January 23, 2023). NMFS and the Council will assess the RKCSS 
bycatch limit and closure for 2024 based on whether the State's ADF&G 
establishes a GHL for the 2023/2024 red king crab fishery in the 
Bristol Bay area.
    Based on the most recent (2022) survey data, Tanner crab 
(Chionoecetes 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 animals 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 animals but less than 400 million animals.
    Pursuant to Sec.  679.21(e)(1)(iii), the PSC limit for trawl gear 
for snow crab (Chionoecetes opilio) is based on total abundance as 
indicated by the NMFS annual bottom trawl survey. The C. opilio crab 
PSC limit in the C. opilio bycatch limitation zone (COBLZ) is set at 
0.1133 percent of the BS abundance index minus 150,000 crabs, unless 
the minimum or maximum PSC limit applies. Based on the most recent 
(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 BS herring biomass. The best estimate of 
2023 and 2024 herring biomass is 344,379 mt. This amount was developed 
by ADF&G based on biomass for spawning aggregations. Therefore, the 
herring PSC limit for 2023 and 2024 is 3,444 mt for all trawl gear as 
listed in Tables 14 and 15.
    Section 679.21(e)(3)(i)(A) requires that crab PSQ reserves be 
subtracted from the total trawl gear crab PSC limits. The crab and 
halibut PSC limits apportioned to the Amendment 80 and BSAI trawl 
limited access sectors are listed in Table 35 to 50 CFR part 679. The 
resulting 2023 and 2024 allocations of PSC limit to CDQ PSQ reserves, 
the Amendment 80 sector, and the BSAI trawl limited access sector are 
listed in Table 14. Pursuant to Sec. Sec.  679.21(b)(1)(i), 
679.21(e)(3)(vi), and 679.91(d) through (f), crab and halibut trawl PSC 
limits assigned to the Amendment 80 sector are then further allocated 
to Amendment 80 cooperatives as cooperative quota. Crab and halibut PSC 
cooperative quota assigned to Amendment 80 cooperatives is not 
allocated to specific fishery categories. In 2023, there are no vessels 
in the Amendment 80 limited access sector and there is one Amendment 80 
cooperative. The 2024 PSC allocations between Amendment 80 cooperatives 
and the Amendment 80 limited access sector will not be known until 
eligible participants apply for participation in the program by 
November 1, 2023.
    Sections 679.21(b)(2) and (e)(5) authorize NMFS, after consulting 
with the Council, to establish seasonal apportionments of halibut and 
crab PSC amounts for the BSAI trawl limited access and non-trawl 
sectors to maximize the ability of the fleet to harvest the available 
groundfish TAC and to minimize bycatch. The factors to be considered 
are: (1) seasonal distribution of prohibited species, (2) seasonal 
distribution of target groundfish species relative to prohibited 
species distribution, (3) PSC bycatch needs on a seasonal basis 
relevant to

[[Page 14942]]

prohibited species biomass and expected catches of target groundfish 
species, (4) expected variations in bycatch rates throughout the year, 
(5) expected changes in directed groundfish fishing seasons, (6) 
expected start of fishing effort, and (7) economic effects of 
establishing seasonal prohibited species apportionments on segments of 
the target groundfish industry. Based on this criteria, the Council 
recommended and NMFS approves the seasonal PSC apportionments in Tables 
16 and 17 to maximize harvest among gear types, fisheries, and seasons 
while minimizing bycatch of PSC.

 Table 14--Final 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 and zone \1\        Total PSC     Non-trawl PSC      CDQ PSQ        remaining     Amendment 80   limited access    limits not
                                                                            reserve \2\    after CDQ PSQ    sector \3\        sector       allocated \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Halibut mortality (mt) BSAI.............           3,515             710             315             n/a           1,745             745  ..............
Herring (mt) BSAI.......................           3,444             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 areas and zones.
\2\ The PSQ reserve for crab species is 10.7 percent of each crab PSC limit.
\3\ The Amendment 80 Program reduced apportionment of the trawl PSC limits for crab below the total PSC limit. These reductions are not apportioned to
  other gear types or sectors.


 Table 15--Final 2023 and 2024 Herring and Red King Crab Savings Subarea
        Prohibited Species Catch Allowances for all Trawl Sectors
------------------------------------------------------------------------
                                                         Red king crab
        Fishery categories          Herring (mt) BSAI   (animals) zone 1
------------------------------------------------------------------------
Yellowfin sole....................                200                n/a
Rock sole/flathead sole/Alaska                     99                n/a
 plaice/other flatfish \1\........
Greenland turbot/arrowtooth                        10                n/a
 flounder/Kamchatka flounder/
 sablefish........................
Rockfish..........................                 10                n/a
Pacific cod.......................                 18                n/a
Midwater trawl pollock............              3,066                n/a
Pollock/Atka mackerel/other                        41                n/a
 species \2\ \3\..................
2023 Red king crab savings subarea                n/a                  0
 non-pelagic trawl gear \4\.......
2024 Red king crab savings subarea                n/a              8,000
 non-pelagic trawl gear \5\.......
                                   -------------------------------------
    Total trawl PSC...............              3,444             32,000
------------------------------------------------------------------------
Note: Species allowances 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, NMFS and the Council will not specify the red king
  crab bycatch limit for the RKCSS in 2024. 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 and based on the need to
  optimize groundfish harvest relative to red king crab bycatch (Sec.
  679.21(e)(3)(ii)(B)(2)).


  Table 16--Final 2023 and 2024 Prohibited Species Bycatch Allowances for the BSAI Trawl Limited Access Sector
----------------------------------------------------------------------------------------------------------------
                                                     Prohibited species and area and zone \1\
                                 -------------------------------------------------------------------------------
    BSAI trawl limited access         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\....................
                                 -------------------------------------------------------------------------------

[[Page 14943]]

 
    Total BSAI trawl limited                 745           8,739       1,248,494         348,285       1,053,394
     access PSC.................
----------------------------------------------------------------------------------------------------------------
Note: Seasonal or sector allowances 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 17--Final 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.......................  Total Pacific cod....             648              13  661.
                                    January 1-June 10....             388               9  n/a.
                                    June 10-August 15....             162               2  n/a.
                                    August 15-December 31              98               2  n/a.
Non-Pacific cod non-trawl-Total...  May 1-December 31....             n/a             n/a  49.
Groundfish pot and jig............  n/a..................             n/a             n/a  Exempt.
Sablefish fixed gear..............  n/a..................             n/a             n/a  Exempt.
                                                          ------------------------------------------------------
    Total for all non-trawl PSC...  n/a..................             n/a             n/a  710.
----------------------------------------------------------------------------------------------------------------
Note: Seasonal or sector allowances may not total precisely due to rounding.

Estimates of Halibut Biomass and Stock Condition

    The IPHC annually assesses the abundance and potential yield of the 
Pacific halibut stock using all available data from the commercial and 
sport fisheries, other removals, and scientific surveys. Additional 
information on the Pacific halibut stock assessment may be found in the 
IPHC's 2022 Pacific halibut stock assessment (December 2022), available 
on the IPHC website at www.iphc.int. The IPHC considered the 2022 
Pacific halibut stock assessment at its January 2023 annual meeting 
when it set the 2023 commercial halibut fishery catch limits.

Halibut Discard Mortality Rates (DMRs)

    To monitor halibut bycatch mortality allowances and apportionments, 
the Regional Administrator uses observed halibut incidental catch 
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 (IPHC, 
Council, and NMFS staff) developed improved estimation methods that 
have undergone review by the Plan Team, SSC, and the Council. A summary 
of the revised methodology is included in the BSAI proposed 2017 and 
2018 harvest specifications (81 FR 87863, December 6, 2016), and the 
comprehensive discussion of the working group's statistical methodology 
is available from the Council (see ADDRESSES). The DMR working group's 
revised methodology is intended to improve estimation accuracy, 
transparency, and transferability used for calculating DMRs. The 
working group will continue to consider improvements to the methodology 
used to calculate halibut mortality, including potential changes to the 
reference period (the period of data used for calculating the DMRs). 
The methodology continues to ensure that NMFS is using DMRs that 
accurately reflect halibut mortality, which will inform the sectors of 
their estimated halibut mortality and allow sectors to respond with 
methods that could reduce mortality and, eventually, the DMR for that 
sector.
    At the December 2022 meeting, the SSC, AP, and the Council 
concurred with the revised DMR estimation methodology, and NMFS adopts 
for 2023 and 2024 the DMRs calculated under the revised methodology, 
which uses an updated 2-year reference period. The final 2023 and 2024 
DMRs in this rule are unchanged from the DMRs in the proposed 2023 and 
2024 harvest specifications (87 FR 76435, December 14, 2022). Table 18 
lists these final 2023 and 2024 DMRs.

[[Page 14944]]



  Table 18--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/processor...               9
Hook-and-line.....................  Catcher vessel......               9
Pot...............................  All.................              26
------------------------------------------------------------------------

Directed Fishing Closures

    In accordance with Sec.  679.20(d)(1)(i), the Regional 
Administrator may establish a DFA for a species or species group if the 
Regional Administrator determines that any allocation or apportionment 
of a target species has been or will be reached. If the Regional 
Administrator establishes a DFA, and that allowance is or will be 
reached before the end of the fishing year, NMFS will prohibit directed 
fishing for that species or species group in the specified subarea, 
regulatory area, or district (see Sec.  679.20(d)(1)(iii)). Similarly, 
pursuant to Sec.  679.21(b)(4) and (e)(7), if the Regional 
Administrator determines that a fishery category's bycatch allowance of 
halibut, red king crab, C. bairdi crab, or C. opilio crab for a 
specified area has been reached, the Regional Administrator will 
prohibit directed fishing for each species or species group in that 
fishery category in the area specified by regulation for the remainder 
of the season or fishing year.
    Based on historical catch patterns and anticipated fishing 
activity, the Regional Administrator has determined that the groundfish 
allocation amounts in Table 19 will be necessary as incidental catch to 
support other anticipated groundfish fisheries for the 2023 and 2024 
fishing years. Consequently, in accordance with Sec.  679.20(d)(1)(i), 
the Regional Administrator establishes the DFA for the species and 
species groups in Table 19 as zero mt. Therefore, in accordance with 
Sec.  679.20(d)(1)(iii), NMFS is prohibiting directed fishing for these 
sectors and species or species groups in the specified areas effective 
at 1200 hours, A.l.t., March 10, 2023, through 2400 hours, A.l.t., 
December 31, 2024. Also, for the BSAI trawl limited access sector, 
bycatch allowances of halibut, red king crab, C. bairdi crab, and C. 
opilio crab listed in Table 19 are insufficient to support directed 
fisheries. Therefore, in accordance with Sec.  679.21(b)(4)(i) and 
(e)(7), NMFS is prohibiting directed fishing for these sectors, 
species, and fishery categories in the specified areas effective at 
1200 hours, A.l.t., March 10, 2023, through 2400 hours, A.l.t., 
December 31, 2024.

                              Table 19--2023 and 2024 Directed Fishing Closures \1\
           [Groundfish and halibut amounts are in metric tons. Crab amounts are in number of animals.]
----------------------------------------------------------------------------------------------------------------
                                                                               2023 Incidental   2024 Incidental
               Area                       Sector               Species         catch allowance   catch allowance
----------------------------------------------------------------------------------------------------------------
Bogoslof District................  All.................  Pollock............               300               300
Aleutian Islands subarea.........  All.................  Greenland Turbot...               529               449
Aleutian Islands subarea.........  All.................  ICA pollock........             2,500             2,500
                                                         ``Other                           380               380
                                                          rockfish''\2\.
Aleutian Islands subarea.........  Trawl non-CDQ.......  Sablefish..........             1,794             2,081
Eastern Aleutian District/Bering   Non-amendment 80,     ICA Atka mackerel..               800               800
 Sea.                               CDQ, and BSAI trawl
                                    limited access.
Eastern Aleutian District/Bering   All.................  Blackspotted/                     305               330
 Sea.                                                     Rougheye rockfish.
Eastern Aleutian District........  Non-amendment 80,     ICA Pacific ocean                 100               100
                                    CDQ, and BSAI trawl   perch.
                                    limited access.
Central Aleutian District........  Non-amendment 80,     ICA Atka mackerel..                75                75
                                    CDQ, and BSAI trawl  ICA Pacific ocean                  60                60
                                    limited access.       perch.
Western Aleutian District........  Non-amendment 80,     ICA Atka mackerel..                20                20
                                    CDQ and BSAI trawl   ICA Pacific ocean                  10                10
                                    limited access.       perch.
Western and Central Aleutian       All.................  Blackspotted/                     141               155
 Districts.                                               Rougheye rockfish.
Bering Sea subarea...............  Trawl non-CDQ.......  Sablefish..........             3,398             4,112
Bering Sea subarea...............  All.................  Pacific ocean perch            10,118             9,945
                                                         ``Other rockfish''                748               748
                                                          \2\.                          50,000            50,000
                                                         ICA pollock........
Bering Sea and Aleutian Islands..  ....................  Shortraker rockfish               451               451
                                                         Skates.............            23,325            23,738
                                                         Sharks.............               213               213
                                                         Octopuses..........               340               340
                                   Hook-and-line and     ICA Pacific cod....               500               500
                                    pot gear.
                                   All.................  ICA flathead sole..             3,000             3,000
                                                         ICA rock sole......             6,000             6,000
                                   All.................  ICA yellowfin sole.             4,000             4,000
                                   BSAI trawl limited    Rock sole/flathead   ................  ................
                                    access.               sole/other
                                                          flatfish--halibut
                                                          mortality, red
                                                          king crab Zone 1,
                                                          C. opilio COBLZ,
                                                          C. bairdi Zone 1
                                                          and 2.
                                                         Turbot/arrowtooth/   ................  ................
                                                          Kamchatka/
                                                          sablefish--halibut
                                                          mortality, red
                                                          king crab Zone 1,
                                                          C. opilio COBLZ,
                                                          C. bairdi Zone 1
                                                          and 2.
                                                         Rockfish--red king   ................  ................
                                                          crab Zone 1.
----------------------------------------------------------------------------------------------------------------
\1\ Maximum retainable amounts may be found in Table 11 to 50 CFR part 679.

[[Page 14945]]

 
\2\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean
  perch, northern rockfish, blackspotted/rougheye rockfish, and shortraker rockfish.

    Closures implemented under the final 2022 and 2023 BSAI harvest 
specifications for groundfish (87 FR 11626, March 2, 2022) remain 
effective under authority of these final 2023 and 2024 harvest 
specifications and until the date specified in those closure 
notifications. Closures are posted at the following website under the 
Alaska filter for Management Area: https://www.fisheries.noaa.gov/rules-and-announcements/bulletins. While these closures are in effect, 
the maximum retainable amounts at Sec.  679.20(e) and (f) apply at any 
time during a fishing trip. These closures to directed fishing are in 
addition to closures and prohibitions found at 50 CFR part 679.

Listed AFA Catcher/Processor Sideboard Limits

    Pursuant to Sec.  679.64(a), the Regional Administrator is 
responsible for restricting the ability of listed AFA 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). Section 679.64(a)(1)(v) exempts AFA CPs from a 
yellowfin sole sideboard limit because the final 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 20 that 
are caught by listed AFA CPs participating in any groundfish fishery 
other than pollock will accrue against the final 2023 and 2024 PSC 
sideboard limits for the listed AFA CPs. Section 679.21(b)(4)(iii), 
(e)(3)(v), and (e)(7) authorizes NMFS to close directed fishing for 
groundfish other than pollock for listed AFA CPs once a final 2023 or 
2024 PSC sideboard limit listed in Table 20 is reached. Pursuant to 
Sec.  679.21(b)(1)(ii)(C) and (e)(3)(ii)(C), halibut or crab PSC by 
listed AFA CPs while fishing for pollock will accrue against the PSC 
allowances annually specified for the pollock/Atka mackerel/``other 
species'' fishery categories, according to Sec.  679.21(b)(1)(ii)(B) 
and (e)(3)(iv).

       Table 20--Final 2023 and 2024 BSAI AFA Listed Catcher/Processor Prohibited Species Sideboard Limits
----------------------------------------------------------------------------------------------------------------
                                                                                   2023 and 2024
                                                                                   PSC available   2023 and 2024
                                                                   Ratio of PSC      to trawl      AFA catcher/
                    PSC species and area \1\                      catch to total   vessels after     processor
                                                                        PSC       subtraction of     sideboard
                                                                                      PSQ \2\        limit \2\
----------------------------------------------------------------------------------------------------------------
Halibut mortality BSAI..........................................             n/a             n/a             286
Red king crab Zone 1............................................          0.0070          28,576             200
C. opilio (COBLZ)...............................................          0.1530       3,884,550         594,336
C. bairdi Zone 1................................................          0.1400         741,190         103,767
C. bairdi Zone 2................................................          0.0500       2,250,360         112,518
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of areas.
\2\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.

AFA Catcher Vessel Sideboard Limits

    Pursuant to Sec.  679.64(b), the Regional Administrator is 
responsible for restricting the ability of AFA CVs to engage in 
directed fishing for groundfish species other than pollock to protect 
participants in other groundfish fisheries from adverse effects 
resulting from the AFA fishery and from fishery cooperatives in the 
pollock directed fishery. On February 8, 2019, NMFS published a final 
rule (84 FR 2723) that implemented regulations to prohibit non-exempt 
AFA 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). Section 
679.64(b)(6) exempts AFA CVs from a yellowfin sole sideboard limit 
because the final 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. The remainder of the sideboard 
limits for non-exempt AFA CVs are in Table 21.
    Section 679.64(b)(3) and (b)(4) and Tables 40 and 41 to 50 CFR part 
679 establish formulas for setting AFA CV groundfish and halibut and 
crab PSC sideboard limits for the BSAI. The basis for these sideboard 
limits is described in detail in the final rules implementing the major 
provisions of the AFA (67 FR 79692, December 30, 2002) and Amendment 80 
(72 FR 52668, September 14, 2007). Table 21 lists the final 2023 and 
2024 AFA CV groundfish sideboard limits.

[[Page 14946]]



Table 21--Final 2023 and 2024 BSAI Pacific Cod Sideboard Limits for American Fisheries Act Catcher Vessels (CVs)
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                     2023 AFA                        2024 AFA
                                   Ratio of 1997   2023 initial   catcher vessel   2024 initial   catcher vessel
   Fishery by area/gear/season     AFA CV catch         TAC          sideboard          TAC          sideboard
                                    to 1997 TAC                       limits                          limits
----------------------------------------------------------------------------------------------------------------
BSAI............................             n/a             n/a             n/a             n/a             n/a
Trawl gear CV...................             n/a             n/a             n/a             n/a             n/a
    Jan 20-Apr 1................          0.8609          19,837          17,078          19,237          16,561
    Apr 1-Jun 10................          0.8609           2,949           2,539           2,859           2,461
    Jun 10-Nov 1................          0.8609           4,021           3,462           3,899           3,357
----------------------------------------------------------------------------------------------------------------
Note: Section 679.64(b)(6) exempts AFA catcher vessels from a yellowfin sole sideboard limit because the 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 22 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, at (b)(4)(iii), (e)(3)(v), and (e)(7), authorizes NMFS 
to close directed fishing for groundfish other than pollock for AFA CVs 
once a final 2023 or 2024 PSC sideboard limit listed in Table 22 is 
reached. Pursuant to Sec.  679.21(b)(1)(ii)(C) and (e)(3)(ii)(C), 
halibut or crab PSC by AFA CVs while fishing for pollock will accrue 
against the PSC allowances annually specified for the pollock/Atka 
mackerel/``other species'' fishery categories under Sec.  
679.21(b)(1)(ii)(B) and (e)(3)(iv).

  Table 22--Final 2023 and 2024 American Fisheries Act Catcher Vessel Prohibited Species Catch Sideboard Limits
                                                for the BSAI \1\
----------------------------------------------------------------------------------------------------------------
                                                                                   2023 and 2024
                                                                    AFA catcher      PSC limit     2023 and 2024
                                         Target fishery category    vessel PSC         after        AFA catcher
       PSC species and area \1\                    \2\               sideboard    subtraction of    vessel 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/Kamchatka/
                                         sablefish.
                                        Rockfish................             n/a             n/a               2
                                        Pollock/Atka mackerel/               n/a             n/a               5
                                         other species \5\.
Red king crab Zone 1..................  n/a.....................          0.2990          28,576           8,544
C. opilio COBLZ.......................  n/a.....................          0.1680       3,884,550         652,604
C. bairdi Zone 1......................  n/a.....................          0.3300         741,190         244,593
C. bairdi Zone 2......................  n/a.....................          0.1860       2,250,360         418,567
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of areas.
\2\ Target trawl fishery categories are defined at Sec.   679.21(b)(1)(ii)(B) and (e)(3)(iv).
\3\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
\4\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
  species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole,
  and yellowfin sole.
\5\ ``Other species'' for PSC monitoring includes skates, sharks, and octopuses.

Response to Comments

    Comment 1: The proposed groundfish harvest specifications do not 
consider the current status of Chinook and chum salmon.
    Response: NMFS and the Council considered the status of Chinook and 
chum, and the harvest specifications reflect adjustments based on 
promulgated regulations. NMFS and the Council have taken comprehensive 
action through Amendments 91 and 110 to the FMP and implementing 
regulations to reduce salmon bycatch in the pollock trawl fishery 
because of the potential for negative impacts on salmon stocks. 
Existing measures have reduced salmon bycatch in the pollock fishery 
compared with what they would have been without the measures. 
Regulations set limits on how many Chinook salmon can be caught in a 
year in the pollock fishery, and those regulations require bycatch caps 
to be calculated and implemented in the annual harvest specifications. 
NMFS annually allocates portions of either 33,318, 45,000, 47,591, or 
60,000 Chinook salmon PSC limits among the AFA sectors, depending on 
past bycatch performance, on whether Chinook salmon bycatch incentive 
plan agreements (IPAs) are formed and approved by NMFS, and on whether 
NMFS determines it is a low Chinook salmon abundance year. NMFS will 
determine that it is a low Chinook salmon abundance year when abundance 
of Chinook salmon in western Alaska is less than or equal to 250,000 
Chinook salmon. The State of Alaska provides NMFS with an estimate of 
Chinook salmon abundance using the 3-System Index for western Alaska 
based on the Kuskokwim, Unalakleet,

[[Page 14947]]

and Upper Yukon aggregate stock grouping. For 2023, NMFS determined it 
was a low abundance year based on the State of Alaska's 3-System Index. 
In accordance with the regulations at Sec.  679.21(f), NMFS has 
specified a Chinook salmon PSC limit of 45,000 Chinook salmon, and a 
Chinook salmon bycatch performance standard of 33,318.
    Regulations also set limits on Chinook PSC for the AI pollock 
fishery and non-Chinook salmon PSC for vessels using trawl gear from 
August 15 through October 14 in the Catcher Vessel Operational Area 
(CVOA) (Sec.  679.21(f)(14) and (g)(2)). These are static limits that 
are announced in the groundfish harvest specifications.
    NMFS acknowledges the western Alaska salmon crisis and the impact 
it is having on culture and food security throughout western Alaska. 
Science indicates climate change as the primary driver of poor salmon 
returns in western Alaska. The Council and NMFS are committed to 
continued improvements in bycatch management with a goal of minimizing 
bycatch at all levels of salmon and pollock abundance. NMFS and the 
Council are currently engaged in a comprehensive process to evaluate 
existing measures and develop alternatives that may be necessary to 
further reduce chum salmon bycatch. More information on this process 
can be found at https://www.npfmc.org/fisheries-issues/bycatch/salmon-bycatch/. However, the Chinook and chum salmon limits and the 
conditions that affect the limits are set in regulations, and changes 
to those regulations are outside of the scope of the annual harvest 
specification process. NMFS believes that changes to bycatch management 
of all PSC, including Chinook and chum, are best accomplished through 
the Council process to recommend FMP amendments and regulations that 
NMFS would implement if consistent with the Magnuson-Stevens Act, the 
FMP, and other applicable law.
    Comment 2: The pollock allocations do not allow for the sustainable 
harvest of Western Alaska Chinook and chum salmon. NMFS must address 
how the pollock allocations will not have significant impacts on salmon 
bycatch.
    Response: NMFS recognizes the significant importance of salmon for 
Alaska Native people and tribes in terms of food security, cultural 
practices, and a way of life. NMFS manages salmon bycatch in the 
pollock fishery through a variety of tools, which include Chinook 
salmon PSC limits, monitoring, and IPAs to address Chinook and chum 
bycatch. These tools apply at all levels of pollock allocations.
    Please see the response to Comment 1 for a description of the 
Chinook salmon PSC limits that constrain Chinook and non-Chinook 
bycatch in the pollock fishery.
    To support bycatch management goals, NOAA Fisheries (NMFS) has a 
comprehensive monitoring program to collect data on salmon bycatch. 
This information is used to estimate how many Chinook and chum salmon 
are caught as bycatch from trawl vessels, where those fish came from, 
and whether a potential violation of law occurred. To support catch and 
bycatch data collection needs on catcher/processors and motherships, 
two fishery observers on board each vessel ensure that every haul is 
monitored. All catcher vessels in the Bering Sea pollock fisheries are 
required to carry an observer or an electronic monitoring system on 
every trip. All salmon bycatch must be delivered to the shoreside 
processor and every pollock delivery is monitored in entirety for 
salmon bycatch to enable a full accounting.
    Under Amendments 91 and 110 to the FMP and Federal regulation at 50 
CFR 679.21 (Prohibited Species Bycatch Management), the pollock fleet 
participates in an industry-developed contractual arrangement, called 
an incentive plan agreement (IPA). An IPA establishes an incentive 
program to minimize bycatch at all levels of Chinook and chum salmon 
abundance. To ensure participants develop effective IPAs, participants 
provide the Council and NMFS an annual report that describes the 
efforts each IPA is taking to accomplish the intent of the program that 
each vessel actively avoids Chinook and chum salmon at all times while 
fishing for pollock and, collectively, that bycatch is minimized in 
each year. The IPA system is designed to be flexible and responsive, 
and can be tailored by each sector to fit its operational needs. The 
IPAs impose rewards for avoiding Chinook salmon bycatch or penalties 
for failure to avoid Chinook and chum salmon bycatch at the vessel 
level. Since implementation, all the participants in the pollock 
fishery are currently participating in IPAs.
    In 2022, 8,324 Chinook salmon were incidentally caught in the BSAI 
groundfish fisheries with 6,337 Chinook salmon out of the total 
attributed to the BSAI pollock directed fisheries. Historic Chinook 
catches are posted on the NMFS website: https://www.fisheries.noaa.gov/sites/default/files/akro/chinook_salmon_mortality2022.html.
    In 2022, 245,269 chum salmon were incidentally caught in the BSAI 
groundfish fisheries with 242,375 chum salmon out of the total 
attributed to the BSAI pollock directed fisheries. Historic non-Chinook 
salmon catches are posted on the NMFS website: https://www.fisheries.noaa.gov/sites/default/files/akro/chum_salmon_mortality2022.html.
    NMFS has adult equivalence estimates of the Chinook salmon that 
would have returned to river systems had they not been caught as 
bycatch in the BS pollock fishery. The most recent estimates of salmon 
bycatch, which use the best available science, show that estimated 
bycatch in the pollock fishery is less than 3 percent of the Chinook 
salmon returns and less than 1 percent of the chum salmon returns in 
Western Alaska. Since 2011, the peak estimate of Chinook bycatch is 
less than 2 percent of the Western Alaska returns, as stated in the 
most recent Eastern BS pollock SAFE Report.
    Reducing the pollock TAC likely would have an extremely small 
effect on salmon returns, and therefore on in-river harvest 
opportunities, because of the low level of bycatch of salmon in the 
pollock fishery. The management measure recommended by the Council and 
implemented in regulation by NMFS (the Chinook bycatch limit) sets an 
overall limit on the number of Chinook salmon taken as bycatch, as well 
as a performance standard (which is less than the overall limit to 
incentivize reducing bycatch). The pollock fleet is constrained by the 
limit of Chinook salmon set in regulation, regardless of the size of 
the pollock harvest. Sectors are prohibited from continuing to fish if 
their PSC limit has been exceeded. Further, if the sector exceeds its 
performance standard in 3 of 7 years, that sector becomes constrained 
by the performance standard in future years (meaning, the sector has a 
lower PSC limit).
    There is not currently an overall limit on the number of chum 
salmon taken as bycatch. Instead, chum salmon bycatch is managed via 
IPAs in the pollock fishing sectors, which provide incentives for 
vessels to avoid salmon bycatch under any condition of pollock or 
salmon abundance. Consistent annual genetic data show the majority of 
chum bycatch is of Asian hatchery origin, and thus does not affect 
returns to western Alaska rivers. Nevertheless, the Council is 
considering additional measures to minimize chum salmon bycatch in the 
future.
    While 2022 was a relatively low TAC for pollock, because of low 
recruitments in previous years, the pollock TAC has been relatively 
consistent since new Chinook bycatch measures were

[[Page 14948]]

implemented in 2011, and new Chinook and chum bycatch measures were 
implemented in 2016 (Sec.  679.21(f)): https://media.fisheries.noaa.gov/2022-03/bsai-harvest-specs-1986-present.pdf.
    While pollock catches have been consistent from year to year since 
2011, Chinook and chum bycatch has varied independently of stable 
pollock TACs.
    Comment 3: National Standard 1 states that NMFS and the Council 
must consider social, economic, and ecological factors when setting OY, 
maximum sustainable yield (MSY), and TAC. Under National Standard 1, 
there must be a reduction in pollock TAC to provide increased 
escapement and subsistence opportunities for Western Alaska villages.
    Response: The Council and NMFS have considered social, economic, 
and ecological factors in setting OY, MSY, and TAC, and the pollock TAC 
specified in these final groundfish harvest specification is consistent 
with the FMP and National Standards. National Standard 1 states that 
conservation and management measures must prevent overfishing while 
achieving on a continuing basis the OY from the fishery (16 U.S.C. 
1851(a)(1)). The Council and NMFS have previously determined and set 
the MSY and OY for the groundfish fishery of the BSAI management area, 
with OY set in the FMP and in regulation as a range of 1.4 million to 
2.0 million mt (Sec.  679.20(a)(1)). It is therefore outside the scope 
of the harvest specifications process to consider adjustments to the OY 
and MSY.
    In accordance with National Standard 1 and regulations, the SSC 
recommends for each species and species group an OFL and an ABC. The 
catch limits (TAC) cannot exceed the ABC (50 CFR 600.310(f)(4)). TAC 
must be set equal to or less than ABC, and ABC must be set equal to or 
less than OFL (Sec.  600.310(f)(3) and (4)). NMFS specifies TAC after 
consultation with the Council, and annual determinations of TAC are 
based on review of both the biological condition of the specific 
species or species group and socioeconomic conditions (Sec.  
679.20(a)(2)-(3)). Here, for 2023, the Council has recommended a BS 
pollock TAC of 1,300,000 mt, which is 32 percent below the ABC of 
1,910,000 mt. The ABC is 62 percent less than the OFL of 3,381,000 mt. 
This specification of OFL, ABC, and TAC is consistent with National 
Standard 1 guidelines. The 2023 BS pollock TAC is also 18,000 mt below 
the past 10-year mean of BS pollock TACs. NMFS concurs with the 
Council's recommended specification of the 2023 BS pollock TAC. This 
TAC is based on consideration of the biological condition of the 
pollock stock, as reviewed in the SAFE pollock chapter; the status of 
the ecosystem, as reviewed in the Bering Sea ecosystem status report 
(ESR); and socioeconomic considerations, as reviewed in the SAFE 
pollock chapter and Economic Status Report. NMFS also concurs with the 
Council that the specification of all TACs at the upper bound of 2.0 
million mt is consistent with National Standard 1, as well as the FMP 
and the harvest strategy selected as the preferred alternative in the 
EIS (see response to Comment 5). The specification of all TACs at 2.0 
million mt is consistent with historical pollock allocations in years 
of high pollock abundance. In addition, as explained in response to 
Comment 2, reducing the pollock TAC would not meaningfully increase 
salmon returns to Western Alaska given the small percentages of salmon 
stocks taken as bycatch in the pollock fishery and the constraining PSC 
limit that applies at any level of pollock harvest.
    Comment 4: Even though pollock catches salmon as bycatch, pollock 
TAC increased while salmon returns have decreased.
    Response: Pollock TACs in the BS are cyclical depending on pollock 
recruitment. While the 2022 TAC was lower than normal due to decreased 
pollock abundance, the recommended 2023 TACs are similar to the 
historical average TACs, and thus larger than the 2022 TAC. The best 
scientific information available does not suggest that a reduction in 
the pollock TAC would measurably increase salmon escapement to western 
Alaska (see response to Comment 2). While salmon bycatch in the pollock 
fishery may be a contributing factor in the decline of salmon, NMFS 
expects the numbers of the ocean bycatch that would have returned to 
western Alaska would be relatively small due to ocean mortality and the 
large number of other river systems contributing to the total Chinook 
or chum salmon bycatch. For Chinook salmon, the bycatch expected to 
have returned to western Alaska rivers is less than 3 percent of 
coastal western Alaska run size in recent years, and less than 2 
percent since 2011. For 2021, the estimate of bycaught salmon that 
would have returned to Western Alaska is 8,610 fish with an estimate of 
7,705 fish from 2011 through 2020. For chum salmon, the chum salmon 
bycatch expected to have returned to western Alaska rivers is less than 
1 percent of the coastal western Alaska run size in recent years. For 
2021, the number of bycaught salmon expected to return to Western 
Alaska is estimated to be 51,510 fish with an estimate of 49,290 fish 
annually from 2011 through 2020.
    Comment 5: Explain how OY is reached considering the decreased 
salmon returns.
    Response: The Council recommended and NMFS set the OY as a range of 
1.4 to 2 million mt. This OY is set forth in the FMP and in regulation, 
and is based on the sum of all TACs. NMFS has therefore determined 
that, in any given year, setting the TACs to fall within that range 
provides the greatest overall benefit to the Nation, particularly with 
respect to food production and recreational opportunities and taking 
into account the protection of marine ecosystems and relevant economic, 
social, or ecological factors (Sec.  600.310(e)(3)). Here, NMFS concurs 
with the Council's recommendation that TACs fall within the upper bound 
(2 million mt). Setting TACs to meet the upper bound of the OY range of 
2.0 million mt, while also recognizing that total TACs represent a 32 
percent reduction below total ABCs, balances relevant National Standard 
1 considerations. Setting TACs at the higher bound of the OY will 
provide the greatest benefit for the Nation based on the benefits of 
maintaining viable groundfish fisheries and contributions to regional 
and local economies. That total groundfish removals are 32 percent 
below total ABC recognizes the benefits that flow from that reduction, 
such as protections afforded to marine ecosystems, forage for ecosystem 
components, and other ecological factors (Sec.  600.310(e)(3)(iii)(A)-
(B)).
    NMFS has determined that further reductions in TAC are not 
necessary. As stated in the responses to previous comments, the 
recommended TACs are not expected to significantly affect the returns 
of Chinook and chum salmon to Western Alaska. Moreover, the pollock 
fleet is constrained by a PSC limit that applies regardless of fishing 
effort and the catch limits (TAC) for pollock. Therefore, for the 2023 
and 2024 groundfish harvest specifications, the OY is reached by 
adopting TACs whose sum is within this range while not exceeding the 
ABCs developed through the SAFE reports and recommended by the Council 
and SSC.
    Comment 6: The harvest specifications use an outdated EIS.
    Response: Groundfish harvests are managed subject to annual limits 
on the retained and discarded amounts of each species and species 
group. The ``harvest strategy'' is the method used to calculate the 
annual limits, referred to as ``harvest specifications,'' and the 
process of establishing them is referred to as the ``specifications 
process.'' NMFS

[[Page 14949]]

prepared the Alaska Groundfish Harvest Specifications Final 
Environmental Impact Statement (Final EIS) to analyze alternatives to 
implement the FMP's harvest strategy and specifications process, which 
outlines the method and process used to determine the annual harvest 
specifications for the federally managed groundfish fisheries in the 
GOA and BSAI management areas. NMFS also must specify PSC allowances in 
the annual harvest specifications.
    A harvest strategy is needed for the management of the groundfish 
fisheries and the conservation of marine resources, as required by the 
Magnuson-Stevens Act and as described in the management policy, goals, 
and objectives in the FMP (16 U.S.C. 1853(a)(15)). The purpose of the 
harvest strategy is to provide for orderly and controlled commercial 
fishing for groundfish; promote sustainable incomes to the fishing, 
fish processing, and support industries; support sustainable fishing 
communities; and provide sustainable flows of fish products to 
consumers. The harvest strategy balances groundfish harvest in the 
fishing year with ecosystem needs (such as non-target fish stocks, 
marine mammals, seabirds, and habitat).
    NMFS concluded that the harvest strategy 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. 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. NMFS has not changed the harvest strategy or specifications 
process from what was analyzed in the Final EIS.
    Each year the harvest strategy uses the best scientific information 
available in the annual SAFE reports to derive the annual harvest 
specifications, which include TACs and PSC limits. The SAFE reports are 
available (see ADDRESSES). Through this process, each year, the 
Council's Groundfish Plan Teams use updated stock assessments to 
calculate biomass, OFLs, and ABCs for each species and species group 
for specified management areas. The OFLs and ABCs are published with 
the harvest specifications, and provide the foundation for the Council 
and NMFS to develop the TACs. The OFLs and ABCs reflect fishery 
science, applied in light of the requirements of the FMPs. The Council 
bases its TAC recommendations on those of its AP, which are consistent 
with the SSC's OFL and ABC recommendations (meaning, the TAC 
recommendations cannot exceed the SSC's ABC and OFL recommendations).
    The Final EIS evaluates the consequences of alternative harvest 
strategies on ecosystem components and on the ecosystem as a whole. The 
Final EIS evaluates the alternatives for their effects within the 
action area. The environmental consequences of each alternative were 
considered for target species, non-specified species, forage species, 
prohibited species, marine mammals, seabirds, Essential Fish Habitat, 
ecosystem relationships, the economy, and environmental justice. These 
considerations were evaluated based on the conditions as they existed 
at the time the EIS was developed. However, each year since 2007 
relevant changes (new information, changed circumstances, potential 
changes to the action) are considered with the primary purpose of 
evaluating the need to supplement the Final EIS.
    NEPA implementing regulations at 40 CFR 1502.9(d) instruct agencies 
to prepare supplements to either draft or final environmental impact 
statements if: (i) The agency makes substantial changes to the proposed 
action that are relevant to environmental concerns; or (ii) There are 
significant new circumstances or information relevant to environmental 
concerns and bearing on the proposed action or its impacts.
    Not every change requires a supplemental EIS (SEIS); only those 
changes that cause significantly different effects from those already 
studied require supplementary consideration. The Supreme Court directs 
that ``an agency need not supplement an EIS every time new information 
comes to light after the EIS is finalized. To require otherwise would 
render agency decision making intractable.'' Marsh v. Oregon Nat. Res. 
Council, 490 U.S. 360, 373 (1989). On the other hand, if a major 
Federal action remains to occur, and if new information indicates that 
the remaining action will affect the quality of the human environment 
in a significant manner or to a significant extent not already 
considered, an SEIS must be prepared. Ultimately, an agency is required 
``to take a `hard look' at the new information to assess whether 
supplementation might be necessary.'' Norton v. S. Utah Wilderness 
All., 542 U.S. 55, 72-73 (2004).
    NEPA implementing regulations at Sec.  1502.9(d)(4) stipulate that 
an agency may find that changes to the proposed action are not 
substantial or new circumstances or information relevant to 
environmental concerns are not significant and therefore do not require 
a supplement to an EIS. As stipulated under 40 CFR 1507.3 and NOAA 
Administrative Order 216-6A, NOAA's NEPA procedures are found in the 
Policy and Procedures for Compliance with the National Environmental 
Policy Act and Related Authorities (Companion Manual). Appendix C of 
the Companion Manual authorizes the use of a Supplementary Information 
Report (SIR) to document a review of new information or circumstances 
that differ from that described in an existing NEPA document to 
determine the sufficiency of the existing analysis and subsequent 
decision. The SIR contains the rationale for and decision regarding 
whether new information or circumstances or changes to the action are 
significant and thus whether an SEIS is required. The SIR also looks at 
reasonably foreseeable future actions to gauge whether a future action, 
individually or cumulatively, could cause a substantial change in the 
action or represent significant new circumstances or new information 
that would require an SEIS in the future.
    A SIR for the Final EIS is prepared each year to document the 
evaluation and decision whether an SEIS is necessary to implement the 
annual groundfish harvest specifications. The SIR analyzes the 
information contained in the most recent SAFE reports and all 
information available to NMFS and the Council to determine whether an 
SEIS should be prepared. The SAFE reports represent the best scientific 
information available for the harvest specifications. Included in the 
SAFE reports are the groundfish stock assessments, the website for the 
ESR for the SAFE reports, and the website for the Economic Status 
Report for the SAFE reports. To date, no annual SIR to the EIS has 
concluded that an SEIS is necessary. This is largely due to the 
flexibility built into the process and the alternatives evaluated 
(particularly the preferred harvest strategy as implemented) in the 
Final EIS. That inherent flexibility allows for the implementation of 
annual harvest specifications that reflect new information and changing 
circumstances.
    The preferred harvest strategy analyzed in the Final EIS 
anticipated that changes in information would be used each year in 
setting the annual harvest specification since the process is flexible 
to adjust to new information on stock abundance and environmental and 
socioeconomic factors (like climate change). Similarly, the FMP 
contemplates ongoing consideration of relevant factors through the 
development of SAFE reports (Section

[[Page 14950]]

3.2.2.2 of the FMP). The use of new information from the SAFE reports 
allows the Council and NMFS to respond to changes in stock condition 
and environmental and socioeconomic factors in the BSAI and to adjust 
the harvest specifications as necessary, which is consistent with the 
preferred harvest strategy from the Final EIS and the FMP and which is 
consistent with National Standard 2 of the Magnuson-Stevens Act to use 
the best scientific information available (16 U.S.C. 1851(a)(2)).
    Separate from the Final EIS, the Council and NMFS prepared the 
Alaska Groundfish Programmatic Supplemental Environmental Impact 
Statement (PSEIS). The Council is currently considering approaches, 
such as a programmatic EIS, to provide a comprehensive analysis of the 
impacts of the Federal groundfish fisheries on the human environment, 
with a view towards creating more climate-resilient Federal fisheries. 
This has involved an ongoing discussion of the 2004 PSEIS. The scope 
of, and changes from, the 2004 PSEIS are outside the scope of this 
action.
    Comment 7: The process of setting OFLs and ABCs does not account 
for the viability of all species in the BSAI.
    Response: The process of setting OFLs and ABCs is an expansive 
process that accounts for the best scientific information available on 
target species as well as ecosystem considerations like non-target 
species. The SSC and the Council recommend OFLs and ABCs to prevent 
overfishing as mandated in National Standard 1 of the MSA. The OFLs and 
ABCs apply only to targets of directed fisheries. However, through 
ecosystem considerations in both the ESR for the SAFE and the NEPA 
process, impacts on a wider range of species is considered during the 
harvest specification process. In addition, the setting of OFLs and 
ABCs informs the setting of TACs since the TAC cannot exceed the ABC 
for each species and species group. The sum of all TACs must fall 
within the OY range. The OY is based on the management objectives of 
the FMP, as well as relevant social, economic, and ecological factors 
(Sec.  600.310(e)(3)). Ecological factors include ecosystem component 
species, forage fish stocks, other fisheries, predator-prey or 
competitive interactions, marine mammals, threatened or endangered 
species, and birds. The FMP addresses how the OY for the BSAI 
groundfish fishery reflects ecological factors (see, for example, 
Section 3.2.2.2 and Section 4.6 of the FMP). In this way, the annual 
harvest specifications process results in annual OFLs, ABCs, and TACs 
that, although set for target species only, are based on consideration 
of ecosystem and ecological factors, including species other than 
target species. When possible, stock assessment models include 
information on ecosystem and environmental effects to improve the 
interpretation of historical information and the precision of 
forecasts. NMFS is committed to supporting science and research to move 
us toward effective ecosystem-based management. Developing additional 
tools and approaches for incorporating ecosystem factors will allow us 
to deal with the impacts of climate and other environmental change on 
our marine species.
    Comment 8: The Secretary of Commerce must minimize bycatch under 
National Standard 9.
    Response: National Standard 9 directs that conservation and 
management measures shall, to the extent practicable, minimize bycatch. 
The Council and NMFS develop and implement FMP amendments and 
regulations for new bycatch reduction measures. The harvest 
specifications set PSC, or bycatch, limits for salmon and crab based on 
pre-existing frameworks set out in regulation; each of these earlier 
actions establishing a PSC, or bycatch, limit considered and balanced 
all the National Standards, including the direction to minimize bycatch 
to the extent practicable. Specifying bycatch levels in the annual 
harvest specifications consistent with the existing PSC regulations is 
therefore consistent with National Standard 9.
    Comment 9: Under National Standards 4 and 8, the Secretary must 
allocate fishery resources fairly among fishermen and adopt 
conservation and management measures that account for the importance of 
fishery resources to communities. In the proposed harvest 
specifications decision, the Secretary has not provided a sufficient 
consideration of the ecological, economic, and social factors required 
under National Standards 4 and 8.
    Response: National Standard 4 states that conservation and 
management measures shall not discriminate between residents of 
different states (16 U.S.C. 1851(a)(4)). The harvest specifications do 
not discriminate or differentiate among residents of different states. 
The harvest specifications further implement annual allocations of 
fishing privileges among fishermen. These allocations were implemented 
in regulation through previous rulemakings that considered and balanced 
all the National Standards, including National Standard 4. These 
harvest specifications are therefore consistent with National Standard 
4.
    National Standard 8 states that conservation and management 
measures shall take into account the importance of fishery resources to 
fishing communities by utilizing economic and social data in order to: 
(A) provide for the sustained participation of such communities, and 
(B) to the extent practicable, minimize adverse economic impacts on 
such communities (16 U.S.C. 1851(a)(8)). This is addressed in the 
harvest specifications process at Sec.  679.20(a)(3)(ii). TACs are set 
at or below ABCs to prevent overfishing. TACs are set within the OY 
range, a range that the Council and NMFS determined will provide the 
greatest overall benefit to the National with respect to food 
production and in consideration of relevant economic and social 
factors. The FMP's definition of OY recognized: ``1. The OY range is 
not likely to have any significant detrimental impact on the industry. 
On the contrary, specification of OY as a constant range helps to 
create a stable management environment in which the industry can plan 
its activities consistently, with an expectation that each year's total 
groundfish catch will be at least 1.4 million mt. 2. The OY range 
encompasses the annual catch levels taken in the period immediately 
prior to its implementation, during which the fishery operated 
profitably.'' TACs within this range will ensure the sustained 
participation of fishing communities. As addressed in the response to 
Comment 5, NMFS concurs with the Council's recommendation that TACs 
fall within the upper bound (2 million mt) and that further reductions 
are not necessary.
    In addition, many of the conservation and management measures 
effectuated through the annual harvest specifications were implemented 
in prior rulemakings that are outside of the scope of the current 
specification process to change. These would include allocations to 
communities, use caps, and limits on bycatch, which are set in 
regulation. These regulations created allocations, caps, and limits 
that are addressed in the specification process and specified in the 
annual specifications. The prior rulemakings on these conservation and 
management measures considered and balanced all the National Standards, 
including National Standard 8. The final harvest specifications are 
therefore consistent with National Standard 8.
    Comment 10: The current NEPA analysis supporting the groundfish 
harvest specifications does not consider climate change.

[[Page 14951]]

    Response: The Final EIS analyzed alternatives for an implementing 
framework for the BSAI and GOA harvest strategy and evaluated the 
potential effects of those alternatives on the human environment (see 
response to Comment 6). The EIS examined existing physical and 
oceanographic conditions in the BSAI and GOA, and addressed regime 
shifts, warming and loss of sea ice, and acidification (Section 3.5 of 
the Final EIS). Moreover, the framework process for the preferred 
harvest strategy under the Final EIS allows for the effects of climate 
change to be considered in the annual process for setting the harvest 
specifications.
    The annual ESR is part of the SAFE reports that the Council and its 
Plan Teams, SSC, and AP annually review prior to the review of the 
stock assessments and advancing recommendations of the annual OFLs, 
ABCs, and TACs. Contributions to the ESR are developed by scientists 
and fishery managers at NOAA, other U.S. Federal and State agencies, 
academic institutions, tribes, nonprofits, and other sources. Ongoing 
research incorporated into the ESR has increased our understanding of 
the interactions among ecosystem components, including how they are 
impacted by changing environmental conditions related to climate 
change. The ESR, published each December, informs annual harvest 
recommendations. The purpose of the ESR is to provide the Council, 
scientific community, and the public with annual information about 
ecosystem status and trends. Information from the report is integrated 
into the annual harvest recommendations through inclusion in stock 
assessment-specific risk tables and is considered during the annual 
groundfish and crab Plan Team meetings and Council meetings. The target 
audience for this report is the SSC to provide context for setting the 
annual OFLs and ABCs, and for the Council's final TAC recommendations 
for groundfish and crab. This report includes physical oceanography, 
biological data, and socio-ecological dimensions, primarily collected 
from Alaska Fisheries Science Center (AFSC) surveys with collaboration 
from a range of government and non-government partners. There are many 
examples of climate change considerations presented in the ESR, such as 
reevaluating the importance of survey distribution of stocks like 
Pacific cod and pollock based on water temperature.
    In some instances, the Plan Teams and SSC have recommended ABC 
reductions based on climate change considerations. Stock assessments 
use a stock-assessment specific risk table that is applied by 
evaluating the severity of four types of considerations that could be 
used to support a scientific recommendation to reduce the ABC from the 
maximum permissible ABC. The four considerations are assessment-
related, population dynamics, environmental/ecosystem, and fishery 
performance. As one environmental/ecosystem consideration, scientists 
noted for one stock that patterns in distribution, growth, and size 
were associated with warmer ocean conditions and the cumulative effects 
from a series of recent warm years. That consideration warranted an 
increased level concern under the risk table. These risk tables are now 
prepared as part of the stock assessment process for groundfish stocks 
and help inform the setting of ABC (which in turn informs the setting 
of TAC).
    Finally, the FMP indicated that the ongoing consideration of 
ecological factors like climate change would be addressed annually in 
the SAFE reports (Section 3.2.2.2 of the FMP), as is currently the case 
with the both individual stock assessments and the ESRs. As a result, 
the annual harvest specifications process, which implements the 
preferred harvest strategy under the EIS, allows for the consideration 
of the best scientific information available on climate change (16 
U.S.C. 1851(a)(2)).
    Comment 11: TACs should be set using ecosystem management.
    Response: Ecosystem considerations inform the specification of TACs 
in a variety of ways. As detailed in the SAFE reports, ecosystem 
considerations are incorporated into the harvest specifications 
process. Information about the ecosystem is included in the groundfish 
stock assessments used to determine the OFL and ABC, which in turn 
inform the TAC, for all target species and species groups in the BSAI. 
When possible, stock assessment models include information on ecosystem 
and environmental effects to improve the interpretation of historical 
information and the precision of forecasts. As explained in the 
response to Comment 10, in some cases, ABCs have been reduced from the 
assessment model based on the ecosystem considerations presented in the 
risk tables. And, as explained in the response to Comment 10, the 
annual ESRs further allow for the consideration of ecosystem factors 
during the process to specify annual OFLs and ABCs for target species 
and species groups.
    NMFS is required to prevent overfishing, so no TAC may exceed the 
ABC as determined by the population dynamics of any particular stock. 
However, in the BSAI, the TACs are not set equal to ABCs. Both the FMP 
and regulations limit the sum of the TACs from the ecosystem at 2 
million mt, so the TACs are further reduced to meet this limit in years 
of high ABCs. This reduction in TACs to 2 million mt reduces fishery 
removals and therefore impacts on the ecosystem. For the 2023 harvest 
specifications, the total TAC has been reduced by 1.2 million mt to 
ensure the sum of all TACs is within the OY range.
    OY is the amount of fish that will provide the greatest overall 
benefit to the Nation, taking into account the protection of marine 
ecosystems and relevant economic, social, or ecological factors (Sec.  
600.310(e)(3)). OY is based on the management objectives of the FMP, as 
well as relevant ecological factors like ecosystem component species, 
forage fish stocks, other fisheries, predator-prey or competitive 
interactions, marine mammals, threatened or endangered species, and 
birds. The FMP addresses how the OY for BSAI groundfish fishery 
reflects ecosystem and ecological factors (see, for example, Section 
3.2.2.2 and Section 4.6 of the FMP). The FMP further indicated that the 
ongoing consideration of ecosystem and ecological factors relevant to 
OY would be addressed annually in the SAFE reports (Section 3.2.2.2 of 
the FMP). Consistent with the FMP, the sum of the TACs must be within 
the OY range, and all TACs are informed by both individual stock 
assessments (including the risk tables) and the ESR for the SAFE 
report, which are updated annually to address ecosystem factors.
    As a result, the harvest specification process, including the 
specification of TACs, considers best scientific information available 
on ecosystem factors. As noted above, NMFS is committed to supporting 
science and research to move us toward effective ecosystem-based 
management and developing additional tools and approaches for 
incorporating ecosystem factors.
    Comment 12: Current evaluations fail to account for the true 
environmental cost of the pollock TAC for trawl fishing.
    Response: Ecosystem considerations, as well as the impact on 
communities and incidentally caught species, are considered annually in 
the ESR to the SAFE report as well as individual stock SAFE reports. 
The chapter on pollock includes discussions on the ecosystem as well as 
sections titled ``Ecosystem effects on the EBS pollock stock'' and 
``EBS pollock fishery effects on the ecosystem.'' The ecosystem is also 
evaluated in the Final EIS, which in

[[Page 14952]]

turn is annually evaluated in the SIR. Additionally, the environmental 
impacts of the pollock fishery have been analyzed in a number of 
subsequent NEPA documents, including the Environmental Impact Statement 
for Amendment 91 to the FMP and the Environmental Assessment for 
Amendment 110 to the FMP.
    NMFS is required to achieve an OY on a continuing basis. The FMP 
and implementing regulations dictate an OY of 1.4 to 2 million mt. In 
the BSAI, it is currently not possible to reach that range without the 
use of trawl gear.
    Comment 13: The floor for Chionoecedes opilio (C. opilio or snow 
crab) PSC should be removed. Crab PSC limits should be changed because 
they fail to account for limitations identified by scientists, such as 
recruitment failures or other bottlenecks in aspects of the current 
environmental conditions that limit the reproductive ability of the 
stock and because they do not provide groundfish trawl sectors 
incentive to move away from areas of high bycatch.
    Response: The PSC limit for C. opilio crab was developed and 
implemented by Amendments 40 and 57 to the FMP. The PSC limit for C. 
opilio crab is set forth in regulation, which directs NMFS to specify 
annually the limit based on total abundance of C. opilio crab as 
indicated by the NMFS annual bottom trawl survey. The regulations 
direct that the limit will be 0.1133 percent of total abundance, minus 
150,000 C. opilio crabs, unless a minimum or maximum limit specified in 
regulation applies (Sec.  679.21(e)(1)(iii)). In these specifications, 
NMFS has calculated and specified the PSC limit for C. opilio crab 
based on total abundance from the NMFS annual bottom trawl survey. In 
addition, in these groundfish harvest specifications, the Council 
recommends and NMFS adopts amounts of crab PSC limits between trawl 
fishery categories as outlined in Sec.  679.21(e)(3). These harvest 
specifications set forth the C. opilio crab PSC limits consistent with 
existing regulations. Any changes to the floor for the C. opilio crab 
PSC limit is beyond the scope of these annual groundfish harvest 
specifications. Changes to the C. opilio crab PSC limit would need to 
be reviewed and analyzed through the Council process in an action 
separate from the groundfish harvest specifications. To note, the 
Council is working on developing potential conservation and management 
actions to improve crab bycatch management and further reduce fishing 
impacts on Bristol Bay red king crab and Eastern Bering Sea C. opilio 
crab.
    Similarly, PSC limits for Chionoecetes bairdi (C. bairdi or Tanner 
crab) are set forth in regulations that dictate specific C. bairdi crab 
PSC limits based on total abundance of crabs as indicated by the NMFS 
annual bottom trawl survey (Sec.  679.21(e)(1)(ii)). In accordance with 
these regulations, NMFS calculated the applicable C. bairdi crab PSC 
limit based on total abundance and specified that PSC limit in these 
groundfish harvest specifications. Any changes to the regulations on 
crab PSC limits are beyond the scope of these annual groundfish harvest 
specifications. Changes to the C. bairdi crab PSC limit would need to 
be reviewed and analyzed through the Council process in an action 
separate from the groundfish harvest specifications. Separate actions 
for crab PSC will rely upon the crab SAFE documents, which do consider 
the impact of trawl bycatch on crab abundance.
    Comment 14: Catch levels of Pacific cod should be increased to 
reduce predation on crab.
    Response: As discussed above, the most recent scientific 
information available from the 2022 stock assessments is used to set 
the 2023 and 2024 OFLs, ABCs, and TACs for all groundfish species, 
including BSAI Pacific cod. The Council recommended, and NMFS approved, 
the 2023 and 2024 BSAI Pacific cod TACs at the maximum amounts 
available after setting aside the amounts needed to support the State's 
GHL fisheries. This recommendation is made to ensure that catch in 
Federal and State waters does not exceed the ABC. Further increasing 
Pacific cod TACs could lead to overfishing, and would violate the MSA 
and National Standard 1 guidelines that direct that catch (TAC) may not 
exceed fishing level recommendations (OFL and ABC) (16 U.S.C. 
1852(h)(6)) and that conservation and management measures shall prevent 
overfishing (16 U.S.C. 1851(a)(1)).
    Comment 15: NMFS should take a precautionary approach to fisheries 
management decisions, like the harvest specifications decision.
    Response: NMFS takes a precautionary approach to fisheries 
management in setting the annual harvest specifications. NMFS's primary 
objective for fisheries management decisions including the harvest 
specifications process is the conservation and management of fish 
resources. Currently, no Alaska groundfish species are known to be 
experiencing overfishing.
    Stock assessments provide important scientific information 
necessary for the conservation and management of fish stocks. The stock 
assessments use a six-tiered system that accommodates different levels 
of reliable information available to fishery scientists for determining 
OFLs and ABCs. Fishery scientists use the equations from an appropriate 
tier to determine when a stock is overfished according to the 
reliability of information available. The six-tiered system 
accomplishes three basic functions: (1) It compensates for uncertainty 
in estimating fishing mortality rates at a level of MSY by establishing 
fishing mortality rates more conservatively as biological parameters 
become more imprecise (less reliable); (2) it relates fishing mortality 
rates directly to biomass for stocks below target abundance levels, so 
that fishing mortality rates fall to zero should a stock become 
critically depleted; and (3) it maintains a buffer between the ABC and 
the OFL to further minimize the possibility of catches jeopardizing a 
stock's long term productivity. Also, stock assessments use a risk 
table that is applied by evaluating the severity of four types of 
considerations that could be used to support a scientific 
recommendation to reduce the ABC from the maximum permissible ABC. The 
four considerations are assessment-related, population dynamics, 
environmental/ecosystem, and fishery performance.
    For the harvest specifications, the stock assessments that produce 
the OFLs and ABCs have several levels of review. The AFSC internally 
reviews the stock assessment, and then the Plan Team and SSC reviews 
the stock assessment, which incorporates public comment during public 
meetings. Also several stock assessments are peer reviewed using the 
Center for Independent Experts, which is important in ensuring the 
incorporation of the best scientific information available for the 
conservation and management measures to ensure sustainability of our 
Nation's living marine resources.
    The annual determinations of TAC for each species or species group 
may be based on a review of the biological condition of groundfish 
stocks. SAFE documents prepared annually for the Council and NMFS 
provide information on historical catch trends; updated estimates of 
the MSY of the groundfish complex and its component species groups; 
assessments of the stock condition of each target species; assessments 
of the multispecies and ecosystem impacts of harvesting the groundfish 
complex at current levels, the assessed condition of stocks, including 
consideration of rebuilding depressed stocks; and alternative 
harvesting strategies and related effects on the component species 
group. The

[[Page 14953]]

SAFE reports also include the socioeconomic considerations that are 
consistent with the goals of the FMPs for the groundfish, including the 
need to promote efficiency in the utilization of fishery resources and 
minimize costs; the need to manage for the optimum marketable size of a 
species; the impact of groundfish harvests on prohibited species and 
the domestic target fisheries that utilize these species; the desire to 
enhance depleted stocks; the seasonal access to the groundfish fishery 
by domestic fishing vessels; the commercial importance of a fishery to 
local communities; the importance of a fishery to subsistence users; 
and the need to promote utilization of certain species.
    Comment 16: NMFS should take a hard look at minimizing impacts to 
the seafloor on essential crab habitat, and minimizing unobserved 
mortality due to fishing gear interactions. There should be a hard look 
at all fishing gear groups on how to best balance this approach.
    Response: NMFS implements the groundfish harvest specifications 
process in accordance with the regulations set forth at 50 CFR part 
679, which include regulations to close areas to fishing to protect 
habitat, modify gear to minimize impacts to the seafloor, specify 
allocations to specific gear and operational sectors, and limit PSC for 
vessels using specific gear. These final specifications are developed 
in accordance with these regulations. Any changes to the regulations to 
address gear impacts are beyond the scope of the groundfish harvest 
specifications process. Separate from the groundfish harvest 
specifications process, the Council has recently taken action to look 
at changes to reduce crab bycatch mortality and how to estimate 
unobserved mortality for crab stocks.
    Comment 17: Industry has inequitable access to the Council and 
NMFS.
    Response: These final harvest specifications were developed through 
a public process that began with Plan Team review at September and 
November meetings, which are open to the public. The SSC and Council 
review occurred at their October and December meetings. These meetings 
are also open to the public. The public can comment in writing and/or 
orally at these meetings. Comments can be given in-person or virtually 
for online participants. Finally, NMFS published the proposed harvest 
specifications in the Federal Register for 30 days of public comment 
(87 FR 76435, December 14, 2022). Included in both the proposed and 
final specifications is a person of contact and their telephone number. 
Additionally, information to guide the public through the Council and 
regulatory processes are available on the Council web page (https://www.npfmc.org/) and NMFS Alaska Region web page (see ADDRESSES).
    NMFS is cognizant that the Council and regulatory processes may be 
unfamiliar to newer participants and interested individuals. NMFS will 
endeavor to improve accessibility and outreach to the public to help 
individuals and interested participants better understand Council and 
regulatory processes and the opportunities and methods for public 
input.

Classification

    NMFS is issuing this final 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 final 
harvest specifications are consistent with the FMP and with the 
Magnuson-Stevens Act and other applicable laws.
    This action is authorized under 50 CFR 679.20 and is exempt from 
review under Executive Order 12866 because it only implements annual 
catch limits in the BSAI.
    NMFS prepared an EIS for the Alaska groundfish harvest 
specifications and alternative harvest strategies (see ADDRESSES) and 
made it available to the public on January 12, 2007 (72 FR 1512). On 
February 13, 2007, NMFS issued the Record of Decision (ROD) for the 
Final EIS. In January-February 2023, NMFS prepared a Supplementary 
Information Report (SIR) for this action to provide a subsequent 
assessment of the action and to address the need to prepare a 
Supplemental EIS (SEIS) (40 CFR 1501.11(b); Sec.  1502.9(d)(1)). Copies 
of the Final EIS, ROD, and annual SIRs for this action are available 
from NMFS (see ADDRESSES). The Final EIS analyzes the environmental, 
social, and economic consequences of the groundfish harvest 
specifications and alternative harvest strategies on resources in the 
action area. Based on the analysis in the Final EIS, NMFS concluded 
that the preferred alternative (Alternative 2) provides the best 
balance among relevant environmental, social, and economic 
considerations and allows for continued management of the groundfish 
fisheries based on the most recent, best scientific information. The 
preferred alternative is a harvest strategy in which TACs are set at a 
level within the range of ABCs recommended by the Council's SSC; the 
sum of the TACs must achieve the OY specified in the FMP. While the 
specific numbers that the harvest strategy produces may vary from year 
to year, the methodology used for the preferred harvest strategy 
remains constant.
    The latest annual SIR evaluated the need to prepare an SEIS for the 
2023 and 2024 groundfish harvest specifications. An SEIS must be 
prepared if: (1) the agency makes substantial changes in the proposed 
action that are relevant to environmental concerns; or (2) significant 
new circumstances or information exist relevant to environmental 
concerns and bearing on the proposed action or its impacts (Sec.  
1502.9(d)(1)). After reviewing the information contained in the SIR and 
SAFE report, the Regional Administrator has determined that: (1) 
approval of the 2023 and 2024 harvest specifications, which were set 
according to the preferred harvest strategy in the Final EIS, does not 
constitute a substantial change in the action; and (2) there are no 
significant new circumstances or information relevant to environmental 
concerns and bearing on the action or its impacts that are not 
addressed through the annual process of using the preferred harvest 
strategy to set the 2023 and 2024 harvest specifications. Additionally, 
the 2023 and 2024 harvest specifications will result in environmental, 
social, and economic impacts within the scope of those analyzed and 
disclosed in the Final EIS. Therefore, an SEIS is not necessary to 
implement the 2023 and 2024 harvest specifications.
    A final regulatory flexibility analysis (FRFA) was prepared. 
Section 604 of the Regulatory Flexibility Act (RFA) (5 U.S.C. 604) 
requires that, when an agency promulgates a final rule under 5 U.S.C. 
553, after being required by that section or any other law, to publish 
a general notice of proposed rulemaking, the agency shall prepare a 
FRFA. The following constitutes the FRFA prepared for these final 2023 
and 2024 harvest specifications.
    Section 604 of the RFA describes the required contents of a FRFA: 
(1) a statement of the need for, and objectives of, the rule; (2) a 
statement of the significant issues raised by the public comments in 
response to the initial regulatory flexibility analysis, a statement of 
the assessment of the agency of such issues, and a statement of any 
changes made in the proposed rule as a result of such comments; (3) the 
response of the agency to any comments filed by the Chief Counsel for 
Advocacy of the Small Business Administration in response to the 
proposed rule, and a detailed statement

[[Page 14954]]

of any change made to the proposed rule in the final rule as a result 
of the comments; (4) a description of and an estimate of the number of 
small entities to which the rule will apply or an explanation of why no 
such estimate is available; (5) a description of the projected 
reporting, recordkeeping, and other compliance requirements of the 
rule, including an estimate of the classes of small entities which will 
be subject to the requirement and the type of professional skills 
necessary for preparation of the report or record; and (6) a 
description of the steps the agency has taken to minimize the 
significant economic impact on small entities consistent with the 
stated objectives of applicable statutes, including a statement of the 
factual, policy, and legal reasons for selecting the alternative 
adopted in the final rule and why each one of the other significant 
alternatives to the rule considered by the agency that affect the 
impact on small entities was rejected.
    A description of this action, its purpose, and its legal basis are 
included at the beginning of the preamble to this final rule and are 
not repeated here.
    NMFS published the proposed rule on December 14, 2022 (87 FR 
76435). NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA) 
to accompany the proposed action, and included the IRFA in the proposed 
rule. The comment period closed on January 13, 2023. No comments were 
received on the IRFA or on the economic impacts of the rule more 
generally. The Chief Counsel for Advocacy of the Small Business 
Administration did not file any comments on the proposed rule.
    The entities directly regulated by this action are those that 
harvest groundfish in the exclusive economic zone of the BSAI and in 
parallel fisheries within State waters. These include entities 
operating CVs and CPs within the action area and entities receiving 
direct allocations of groundfish.
    For RFA purposes only, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (see 50 CFR 200.2). A business primarily 
engaged in commercial fishing (NAICS code 11411) is classified as a 
small business if it is independently owned and operated, is not 
dominant in its field of operation (including its affiliates), and has 
combined annual receipts not in excess of $11 million for all its 
affiliated operations worldwide.
    Using the most recent data available (2021), the estimated number 
of directly regulated small entities includes approximately 146 CVs, 6 
CPs, and 6 CDQ groups. Some of these vessels are members of AFA inshore 
pollock cooperatives, Gulf of Alaska rockfish cooperatives, or BSAI 
Crab Rationalization Program cooperatives, and, since under the RFA, 
the aggregate gross receipts of all participating members of the 
cooperative must meet the ``under $11 million'' threshold, the 
cooperatives are considered to be large entities within the meaning of 
the RFA. Thus, the estimate of 146 CVs may be an overstatement of the 
number of small entities. Average gross revenues in 2021 were $700,000 
for small hook-and-line vessels, $1.1 million for small pot vessels, 
and $2.1 million for small trawl vessels. Average gross revenues for CP 
entities are confidential.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.
    This action implements the final 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 
final harvest specifications is governed by the Council's harvest 
strategy for the catch of groundfish in the BSAI. The harvest strategy 
was previously selected from among five alternatives. Under this 
preferred alternative harvest strategy, TACs are set within the range 
of ABCs recommended by the SSC; the sum of the TACs must achieve the OY 
specified in the FMP; and while the specific TAC numbers that the 
harvest strategy produces may vary from year to year, the methodology 
used for the preferred harvest strategy remains constant. This final 
action implements the preferred alternative harvest strategy previously 
chosen by the Council to set TACs that fall within the range of ABCs 
recommended through the Council harvest specifications process and as 
recommended by the Council. This is the method for determining TACs 
that has been used in the past.
    The final 2023 and 2024 TACs associated with the preferred harvest 
strategy are those recommended by the Council in December 2022. OFLs 
and ABCs for each species and species group were based on 
recommendations prepared by the Council's Plan Team, and reviewed by 
the Council's SSC. The Council's TAC recommendations are consistent 
with the SSC's OFL and ABC recommendations, and the sum of all TACs 
remains within the OY for the BSAI consistent with Sec.  
679.20(a)(1)(i)(A). Because setting all TACs equal to ABCs would cause 
the sum of TACs to exceed an OY of 2 million mt, TACs for some species 
and species groups are lower than the ABCs recommended by the Plan Team 
and the SSC.
    The final 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 final 2023 and 2024 
TACs are based on the best available biological and socioeconomic 
information. The final 2023 and 2024 OFLs, ABCs, and TACs are 
consistent with the biological condition of groundfish stocks as 
described in the 2022 SAFE report, which is the most recent, completed 
SAFE report. Accounting for the most recent biological information to 
set the final OFLs, ABCs, and TACs is consistent with the objectives 
for this action, as well as National Standard 2 of the Magnuson-Stevens 
Act (16 U.S.C. 1851(a)(2)) that actions shall be based on the best 
scientific information available.
    Under this action, the ABCs reflect harvest amounts that are less 
than the specified overfishing levels. The TACs are within the range of 
ABCs recommended by the SSC and do not exceed the biological limits 
recommended by the SSC (the ABCs and OFLs). For some species and 
species groups in the BSAI, the Council recommended, and NMFS sets, 
TACs equal to ABCs, which is intended to maximize harvest opportunities 
in the BSAI. However, NMFS cannot set TACs for all species in the BSAI 
equal to their ABCs due to the constraining OY limit of 2 million mt. 
For this reason, some final TACs are less than the final ABCs. These 
specific reductions were reviewed and recommended by the Council's AP, 
and then reviewed and adopted by the Council as the Council's 
recommended final 2023 and 2024 TACs.
    Based on the best available scientific data, and in consideration 
of the Council's objectives for this action, there are no significant 
alternatives that have the potential to accomplish the stated 
objectives of the Magnuson-Stevens Act and any other applicable 
statutes and that have the potential to minimize any significant 
adverse economic impact of the final rule on small entities. This 
action is economically beneficial to entities operating in the BSAI, 
including small entities. The action specifies TACs for

[[Page 14955]]

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 these 
final harvest specifications would best accomplish the stated 
objectives articulated in the preamble for this final rule and in 
applicable statutes, and would minimize to the extent practicable 
adverse economic impacts on the universe of directly regulated small 
entities.
    Adverse impacts on marine mammals, or endangered or threatened 
species, resulting from fishing activities conducted under this rule 
are discussed in the Final EIS and its accompanying annual SIRs (see 
ADDRESSES).
    Pursuant to 5 U.S.C. 553(d)(3), the Assistant Administrator for 
Fisheries, NOAA, finds good cause to waive the 30-day delay in the date 
of effectiveness for this rule because delaying the effective date of 
this final rule is contrary to the public interest. The Plan Team 
review of the 2022 SAFE report occurred in November 2022, and based on 
the 2022 SAFE report the Council considered and recommended the final 
harvest specifications in December 2022. Accordingly, NMFS's review of 
the final 2023 and 2024 harvest specifications could not begin until 
after the December 2022 Council meeting, and after the public had time 
to comment on the proposed action.
    For all fisheries not currently closed because the TACs established 
under the final 2022 and 2023 harvest specifications (87 FR 11626, 
March 2, 2022) were not reached, it is possible that they would be 
closed prior to the expiration of a 30-day delayed effectiveness period 
because their TACs could be reached within that period. If implemented 
immediately, this rule would allow these fisheries to continue fishing 
because some of the new TACs implemented by this rule are higher than 
the TACs under which they are currently fishing.
    In addition, immediate effectiveness of this action is required to 
provide consistent management and conservation of fishery resources 
based on the best available scientific information. This is 
particularly pertinent for those species that have lower 2023 ABCs and 
TACs than those established in the 2022 and 2023 harvest specifications 
(87 FR 11626, March 2, 2022). If implemented immediately, this rule 
would ensure that NMFS can properly manage those fisheries for which 
this rule sets lower 2023 ABCs and TACs based on the most recent 
biological information on the condition of stocks.
    Certain fisheries, such as those for pollock, are intensive, fast-
paced fisheries. Other fisheries, such as those for sablefish, 
flatfish, rockfish, Atka mackerel, skates, sharks, and octopuses, are 
critical as directed fisheries and as incidental catch in other 
fisheries. U.S. fishing vessels have demonstrated the capacity to catch 
the TAC allocations in many of these fisheries. If the date of 
effectiveness of this final rule were to be delayed 30 days and if a 
TAC were to be reached during those 30 days, NMFS would be required to 
close directed fishing or prohibit retention for the applicable 
species. Any delay in allocating the final TACs in these fisheries 
would cause confusion to the industry and potential economic harm 
through unnecessary discards, thus undermining the intent of this rule. 
Waiving the 30-day delay allows NMFS to prevent economic loss to 
fishermen that could otherwise occur should the 2023 TACs (previously 
set under the 2022 and 2023 harvest specifications) be reached. 
Determining which fisheries may close is nearly impossible because 
these fisheries are affected by several factors that cannot be 
predicted in advance, including fishing effort, weather, movement of 
fishery stocks, and market price. Furthermore, the closure of one 
fishery has a cascading effect on other fisheries by freeing-up fishing 
vessels, allowing them to move from closed fisheries to open ones, 
increasing the fishing capacity in those open fisheries, and in turn 
causing them to close at an accelerated pace.
    In fisheries subject to declining sideboard limits, a failure to 
implement the updated sideboard limits before initial season's end 
could deny the intended economic protection to the non-sideboard 
limited sectors. Conversely, in fisheries with increasing sideboard 
limits, economic benefit could be denied to the sideboard-limited 
sectors.
    If these final harvest specifications are not effective by March 
10, 2023, which is the start of the 2023 Pacific halibut season as 
specified by the IPHC, the fixed gear sablefish fishery will not begin 
concurrently with the Pacific halibut IFQ season. Delayed effectiveness 
of this action would result in confusion for sablefish harvesters and 
economic harm from the unnecessary discard of sablefish that are caught 
along with Pacific halibut, as both fixed gear sablefish and Pacific 
halibut are managed under the same IFQ program. Immediate effectiveness 
of these final 2023 and 2024 harvest specifications will allow the 
sablefish IFQ fishery to begin concurrently with the Pacific halibut 
IFQ season.
    Finally, immediate effectiveness also would provide the fishing 
industry the earliest possible opportunity to plan and conduct its 
fishing operations with respect to new information about TAC limits. 
Therefore, NMFS finds good cause to waive the 30-day delay in the date 
of effectiveness for this rule under 5 U.S.C. 553(d)(3).

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The tables contained in this final rule are provided online 
and serve as the plain language guide to assist small entities in 
complying with this final rule as required by the Small Business 
Regulatory Enforcement Fairness Act of 1996. This final rule's primary 
purpose is to announce the final 2023 and 2024 harvest specifications 
and prohibited species bycatch allowances for the groundfish fisheries 
of the BSAI. This action is necessary to establish harvest limits and 
associated management measures for groundfish during the 2023 and 2024 
fishing years and is taken in accordance with the FMP prepared by the 
Council pursuant to the Magnuson-Stevens Act. This action directly 
affects all fishermen who participate in the BSAI fisheries. The 
specific amounts of OFL, ABC, TAC, and PSC amounts are provided in 
tables in this final rule to assist the reader. This final rule also 
contains plain language summaries of the underlying relevant 
regulations supporting the harvest specifications and the harvest of 
groundfish in the BSAI that the reader may find helpful.
    Information to assist small entities in complying with this final 
rule is provided online. The OFL, ABC, TAC, and PSC tables are 
individually available online at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-groundfish-harvest-specifications. 
Explanatory information on the relevant regulations supporting the 
harvest specifications is found in footnotes to the tables. Harvest 
specification changes are also available from the same online source, 
which includes applicable Federal Register notices, information 
bulletins, and other supporting materials. NMFS will announce closures 
of directed fishing in the Federal Register and information

[[Page 14956]]

bulletins released by the Alaska Region. Affected fishermen should keep 
themselves informed of such closures.

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

    Dated: March 6, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2023-04877 Filed 3-9-23; 8:45 am]
BILLING CODE 3510-22-P