78076 Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Proposed Rules 

1The petition lists one of the petitioners only as 

‘‘CN.’’ In their supplemental filing, Petitioners 

identify this party as the ‘‘U.S. operating 

subsidiaries of CN.’’ Although not identified in 

either filing, the Board understands ‘‘CN’’ to mean 

Canadian National Railway Company. Another 

petitioner is listed as Norfolk Southern Corp., but 

in the supplemental filing, the party is identified as 

Norfolk Southern Railway Company (NSR), the 

operating affiliate of Norfolk Southern Corp. 

2The Board proposed FORR in Final Offer Rate 

Review, EP 755 (STB served Sept. 12, 2019). 

3 In a comment filed in Docket No. EP 755, the 

U.S. Wheat Associates Transportation Working 

Group (U.S. Wheat) also expressed ‘‘several 

concerns’’ regarding the Petitioners’ requested 

program. See U.S. Wheat Comment 6, Aug. 12, 

2020, Final Offer Rate Review, EP 755. 

4The RRTF issued its report on April 25, 2019. 

The RRTF Report is available on the Board’s 

website at https://prod.stb.gov/wp-content/uploads/ 

Rate-Reform-Task-Force-Report-April-2019.pdf. 

5The Board also notes the Petitioners’ proposed 

interrelationship between their proposed arbitration 

program and the Board’s proposal in Docket No. EP 

755. 

DATES: Published in the Federal 

Register on December 3, 2020, the Board 

will provide an opportunity for 

additional public participation in a 

subsequent decision. 

ADDRESSES: Comments and replies may 

be filed with the Board via e-filing on 

the Board’s website at www.stb.gov and 

will be posted to the Board’s website. 

FOR FURTHER INFORMATION CONTACT: 

Amy Ziehm at (202) 245–0391. 

Assistance for the hearing impaired is 

available through the Federal Relay 

Service at (800) 877–8339. 

SUPPLEMENTARY INFORMATION: On July 

31, 2020, five railroad parties— 

Canadian National Railway Company 

(CN); CSX Transportation, Inc. (CSXT); 

The Kansas City Southern Railway 

Company (KCS); Norfolk Southern 

Corporation; and Union Pacific Railroad 

Company (UP) (collectively, 

Petitioners) 1—filed a petition for 

rulemaking to create a new, voluntary 

small rate case arbitration program, to 

be codified at 49 CFR part 1108a, which 

would function alongside the Board’s 

existing arbitration program at 49 CFR 

part 1108. Petitioners pledge to 

participate in their proposed arbitration 

program for a period of five years, 

provided the Board adopts the program 

according to the terms set forth in the 

petition, including (among other things) 

a right to withdraw from the program if 

the Board adopts the Final Offer Rate 

Review (FORR) process 2 without 

exempting carriers that participate in 

the program from the FORR process. 

(Pet. 2, 17.) 

Replies to the petition were filed on 

August 20, 2020, by the National Grain 

and Feed Association (NGFA); Olin 

Corporation (Olin); the American Fuel & 

Petrochemical Manufacturers (AFPM); 

and (filing jointly) the American 

Chemistry Council, Corn Refiners 

Association, Institute of Scrap Recycling 

Industries, National Industrial 

Transportation League, The Chlorine 

Institute, and The Fertilizer Institute 

(Joint Shippers). The U.S. Department of 

Agriculture (USDA) also filed a reply. 

Olin, AFPM, and the Joint Shippers 

generally object to the Petitioners’ 

requested program.3 While USDA and 

NGFA express support for commencing 

a rulemaking proceeding, they advocate 

for certain changes to the program 

requested by the Petitioners. (USDA 

Reply 1; NGFA Reply 1–2.) By decision 

issued on August 26, 2020, the Director 

of the Office of Proceedings directed 

Petitioners to submit a supplemental 

pleading responding to the replies and 

allowed other interested persons to 

respond as well. 

On September 10, 2020, Petitioners 

submitted a supplemental filing, as did 

AFPM, U.S. Wheat, and the Joint 

Shippers. Petitioners state that they are 

agreeable to some modifications to their 

proposed program, but not to the 

modifications suggested by other 

interested parties on confidentiality, 

exemption from FORR, and a 

prohibition on revenue adequacy 

considerations. The shipper groups 

renewed their objections to Petitioners’ 

proposed program. 

The Board favors the resolution of 

disputes through alternative dispute 

resolution whenever possible, see 49 

CFR 1109.1, and has also been actively 

working to expand access to rate relief, 

particularly for smaller disputes. The 

Rate Reform Task Force (RRTF), which 

the Board established in 2018 to 

develop recommendations for rate 

reform, recommended legislation that 

would permit mandatory arbitration of 

small disputes, in addition to a Boardadministered final offer decisionmaking process,4 the latter of which the 

Board has proposed in Docket No. EP 

755. (RRTF Report 14–20.) In order for 

the Board to give further consideration 

to providing a new arbitration program 

under which parties would voluntarily 

participate to resolve rate disputes, the 

Board concludes that it is appropriate to 

institute a rulemaking proceeding to 

consider Petitioners’ proposal.5 The 

Board will provide an opportunity for 

additional public participation in a 

subsequent decision. 

List of Subjects in 49 CFR 1108 

Administrative practice and 

procedure, Railroads. 

It is ordered: 

1. Petitioners’ request to initiate a 

rulemaking proceeding is granted, as 

discussed above. 

2. Notice of this decision will be 

published in the Federal Register. 

3. This decision is effective on its 

service date. 

Decided: November 24, 2020. 

By the Board, Board Members Begeman, 

Fuchs, and Oberman. 

Tammy Lowery, 

Clearance Clerk. 

[FR Doc. 2020–26506 Filed 12–2–20; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 201125–0318; RTID 0648– 

XY115] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Gulf of Alaska; 

Proposed 2021 and 2022 Harvest 

Specifications for Groundfish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; harvest 

specifications and request for 

comments. 

SUMMARY: NMFS proposes 2021 and 

2022 harvest specifications, 

apportionments, and Pacific halibut 

prohibited species catch limits for the 

groundfish fishery of the Gulf of Alaska 

(GOA). This action is necessary to 

establish harvest limits for groundfish 

during the 2021 and 2022 fishing years 

and to accomplish the goals and 

objectives of the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska. The 2021 harvest specifications 

supersede those previously set in the 

final 2020 and 2021 harvest 

specifications, and the 2022 harvest 

specifications will be superseded in 

early 2022 when the final 2022 and 

2023 harvest specifications are 

published. The intended effect of this 

action is to conserve and manage the 

groundfish resources in the GOA in 

accordance with the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). 

DATES: Comments must be received by 

January 4, 2021. 

ADDRESSES: Submit comments on this 

document, identified by NOAA–NMFS– 

2020–0140, by either of the following 

methods: 

• Federal e-Rulemaking Portal: Go to 

www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2020- 


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Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Proposed Rules 78077 

0140, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Glenn Merrill, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS, Attn: 

Records Office. Mail comments to P.O. 

Box 21668, Juneau, AK 99802–1668. 

Instructions: NMFS may not consider 

comments if they are sent by any other 

method, to any other address or 

individual, or received after the 

comment period ends. All comments 

received are a part of the public record, 

and NMFS will post the comments for 

public viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender is 

publicly accessible. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). 

Electronic copies of the Alaska 

Groundfish Harvest Specifications Final 

Environmental Impact Statement (Final 

EIS), Record of Decision (ROD) for the 

Final EIS, and the annual 

Supplementary Information Reports 

(SIRs) to the Final EIS prepared for this 

action are available from https://

www.regulations.gov. An updated 2021 

SIR for the final 2021 and 2022 harvest 

specifications will be available from the 

same source. The final 2019 Stock 

Assessment and Fishery Evaluation 

(SAFE) report for the groundfish 

resources of the GOA, dated November 

2019, is available from the North Pacific 

Fishery Management Council (Council) 

at 1007 West Third, Suite 400, 

Anchorage, AK 99501–2252, phone 

907–271–2809, or from the Council’s 

website at https://www.npfmc.org. The 

2020 SAFE report for the GOA will be 

available from the same source. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the GOA groundfish fisheries 

in the exclusive economic zone (EEZ) of 

the GOA under the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP). The Council prepared the 

FMP under the authority of the 

Magnuson-Stevens Act, 16 U.S.C. 1801, 

et seq. Regulations governing U.S. 

fisheries and implementing the FMP 

appear at 50 CFR parts 600, 679, and 

680. 

The FMP and its implementing 

regulations require that NMFS, after 

consultation with the Council, specify 

the total allowable catch (TAC) for each 

target species, the sum of which must be 

within the optimum yield (OY) range of 

116,000 to 800,000 metric tons (mt) 

(§ 679.20(a)(1)(i)(B)). Section 

679.20(c)(1) further requires NMFS to 

publish and solicit public comment on 

proposed annual TACs and 

apportionments thereof, Pacific halibut 

prohibited species catch (PSC) limits, 

and seasonal allowances of pollock and 

Pacific cod. The proposed harvest 

specifications in Tables 1 through 19 of 

this rule satisfy these requirements. For 

2021 and 2022, the sum of the proposed 

TAC amounts is 402,783 mt. 

Under § 679.20(c)(3), NMFS will 

publish the final 2021 and 2022 harvest 

specifications after (1) considering 

comments received within the comment 

period (see DATES), (2) consulting with 

the Council at its December 2020 

meeting, (3) considering information 

presented in the 2021 SIR to the Final 

EIS that assesses the need to prepare a 

Supplemental EIS (see ADDRESSES), and 

(4) considering information presented in 

the final 2020 SAFE reports prepared for 

the 2021 and 2022 groundfish fisheries. 

Other Actions Affecting or Potentially 

Affecting the 2021 and 2022 Harvest 

Specifications 

Amendment 109 to the FMP: Revisions 

to the GOA Pollock Seasons and Pacific 

Cod Seasonal Allocations 

On June 25, 2020, NMFS published a 

final rule to implement Amendment 109 

to the FMP (85 FR 38093), effective 

January 1, 2021. The final rule revised 

the pollock seasons and allocations in 

the GOA, along with Pacific cod season 

allocations. Amendment 109 modified 

the existing annual pollock TAC 

allocation to two equal seasonal 

allocations (50 percent of TAC), rather 

than four equal seasonal allocations (25 

percent of TAC). The pollock A and B 

seasons were combined into a January 

20 through May 31 A season, and the 

pollock C and D seasons were combined 

into a September 1 through November 1 

B season. Additionally, Amendment 109 

revised the Pacific cod TAC seasonal 

apportionments to the trawl catcher 

vessel (CV) sector by increasing the A 

season allocation and decreasing the B 

season allocation. The revisions 

implemented by Amendment 109 are 

incorporated into these proposed 2021 

and 2022 harvest specifications. 

Amendment 110 to the FMP: Reclassify 

Sculpins as an Ecosystem Component 

Species 

On July 10, 2020, NMFS published 

the final rule to implement Amendment 

110 to the FMP (85 FR 41427). The final 

rule reclassified sculpins in the FMP as 

an ‘‘Ecosystem Component’’ species, 

which is a category of non-target species 

that are not in need of conservation and 

management. Accordingly, NMFS will 

no longer set an Overfishing Level 

(OFL), acceptable biological catch 

(ABC), and TAC for sculpins in the GOA 

groundfish harvest specifications, 

beginning with these proposed 2021 and 

2022 harvest specifications. 

Amendment 110 prohibits directed 

fishing for sculpins, while maintaining 

recordkeeping and reporting 

requirements for sculpins. Amendment 

110 also establishes a maximum 

retainable amount for sculpins when 

directed fishing for groundfish species 

at 20 percent to discourage targeting 

sculpin species. 

Potential Revisions to the Sablefish 

Apportionment Process 

The Alaska-wide sablefish ABC is 

apportioned between six areas within 

the GOA and BSAI (the Bering Sea, 

Aleutian Islands, Western Gulf, Central 

Gulf, West Yakutat, and East Yakutat/ 

Southeast Areas). Since 2013, a fixed 

apportionment methodology has been 

used to apportion the ABC between 

those six years. However, a new 

apportionment methodology is being 

considered that could affect the 

apportionment of sablefish ABC, as well 

as TACs and gear allocations between 

the trawl and fixed gear sectors, 

specified in future GOA groundfish 

harvest specifications. The Joint BSAI 

and GOA Groundfish Plan Team, 

Scientific and Statistical Committee 

(SSC), and Council will review and 

propose any changes to the sablefish 

ABC apportionment methodology and 

could recommend changes for the final 

2021 and 2022 groundfish harvest 

specifications. 

Proposed ABC and TAC Specifications 

In October 2020, the Council’s SSC, 

its Advisory Panel (AP), and the Council 

reviewed the most recent biological and 

harvest information about the condition 

of the GOA groundfish stocks. The 

Council’s GOA Groundfish Plan Team 

(Plan Team) compiled and presented 

this information in the final 2019 SAFE 

report for the GOA groundfish fisheries, 

dated November 2019 (see ADDRESSES). 

The SAFE report contains a review of 

the latest scientific analyses and 

estimates of each species’ biomass and 

other biological parameters, as well as 

summaries of the available information 

on the GOA ecosystem and the 

economic condition of the groundfish 

fisheries off Alaska. From these data and 

analyses, the Plan Team recommends, 

and the SSC sets, an OFL and ABC for 

each species or species group. The 

amounts proposed for the 2021 and 


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78078 Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Proposed Rules 

2022 OFLs and ABCs are based on the 

2019 SAFE report. The AP and Council 

recommended that the proposed 2021 

and 2022 TACs be set equal to proposed 

ABCs for all species and species groups, 

with the exception of the species and 

species groups further discussed below. 

The proposed OFLs, ABCs, and TACs 

could be changed in the final harvest 

specifications depending on the most 

recent scientific information contained 

in the final 2020 SAFE report. The stock 

assessments that will comprise, in part, 

the 2020 SAFE report are available at 

https://www.fisheries.noaa.gov/alaska/ 

population-assessments/north-pacificgroundfish-stock-assessment-andfishery-evaluation. The final 2020 SAFE 

report will be available from the same 

source. 

In November 2020, the Plan Team 

will update the 2019 SAFE report to 

include new information collected 

during 2020, such as NMFS stock 

surveys, revised stock assessments, and 

catch data. The Plan Team will compile 

this information and present the draft 

2020 SAFE report at the December 2020 

Council meeting. At that meeting, the 

SSC and the Council will review the 

2020 SAFE report, and the Council will 

approve the 2020 SAFE report. The 

Council will consider information in the 

2020 SAFE report, recommendations 

from the November 2020 Plan Team 

meeting and December 2020 SSC and 

AP meetings, public testimony, and 

relevant written public comments in 

making its recommendations for the 

final 2021 and 2022 harvest 

specifications. Pursuant to § 679.20(a)(2) 

and (3), the Council could recommend 

adjusting the TACs if warranted based 

on the biological condition of 

groundfish stocks or a variety of 

socioeconomic considerations, or if 

required to cause the sum of TACs to 

fall within the OY range. 

Many of the scheduled 2020 GOA and 

Bering Sea groundfish and ecosystem 

surveys were cancelled or modified; 

some were conducted as planned. The 

Alaska Fisheries Science Center (AFSC) 

implemented a variety of mitigation 

efforts to partially address the loss of 

data from cancelled surveys in 2020. 

Currently, for 2021 the AFSC plans to 

resume the normal schedule of surveys 

for the GOA including a two-vessel 

GOA trawl survey and GOA acoustictrawl survey. The stock assessment 

process is adaptable to the changes in 

availability of survey data, as many 

surveys are conducted periodically, 

rather than annually, and any changes 

relevant to the stock assessment process 

will be addressed in the final SAFE 

report. 

Potential Changes Between Proposed 

and Final Specifications 

In previous years, the most significant 

changes (relative to the amount of 

assessed tonnage of fish) to the OFLs 

and ABCs from the proposed to the final 

harvest specifications have been based 

on the most recent NMFS stock surveys. 

These surveys provide updated 

estimates of stock biomass and spatial 

distribution, and inform changes to the 

models used for producing stock 

assessments. At the September 2020 

Plan Team meeting, NMFS scientists 

presented updated and new survey 

results. Scientists also discussed 

potential changes to assessment models, 

and accompanying preliminary stock 

estimates. At the October 2020 Council 

meeting, the SSC reviewed this 

information. The species with potential 

for a significant model change is Pacific 

ocean perch. Model changes can result 

in changes to final OFLs, ABCs, and 

TACs. 

In November 2020, the Plan Team 

will consider updated survey results 

and updated stock assessments for 

groundfish, which will be included in 

the draft 2020 SAFE report. If the 2020 

SAFE report indicates that the stock 

biomass trend is increasing for a 

species, then the final 2021 and 2022 

harvest specifications for that species 

may reflect an increase from the 

proposed harvest specifications. 

Conversely, if the 2020 SAFE report 

indicates that the stock biomass trend is 

decreasing for a species, then the final 

2021 and 2022 harvest specifications 

may reflect a decrease from the 

proposed harvest specifications. 

The proposed 2021 and 2022 OFLs 

and ABCs are based on the best 

available biological and scientific 

information, including projected 

biomass trends, information on assumed 

distribution of stock biomass, and 

revised technical methods used to 

calculate stock biomass. The FMP 

specifies the tiers to be used to compute 

OFLs and ABCs. The tiers applicable to 

a particular stock or stock complex are 

determined by the level of reliable 

information available to the fisheries 

scientists. This information is 

categorized into a successive series of 

six tiers to define OFLs and ABCs, with 

Tier 1 representing the highest level of 

information quality available and Tier 6 

representing the lowest level of 

information quality available. The Plan 

Team used the FMP tier structure to 

calculate OFLs and ABCs for each 

groundfish species. The SSC adopted 

the proposed 2021 and 2022 OFLs and 

ABCs recommended by the Plan Team 

for all groundfish species. The proposed 

2021 and 2022 TACs are based on the 

best available biological and 

socioeconomic information. The 

Council adopted the SSC’s OFL and 

ABC recommendations and the AP’s 

TAC recommendations. 

Specification and Apportionment of 

TAC Amounts 

The Council recommended proposed 

2021 and 2022 TACs that are equal to 

proposed ABCs for all species and 

species groups, with the exception of 

pollock in the combined Western and 

Central Regulatory Areas and the West 

Yakutat (WYK) District of the Eastern 

Regulatory Area (the W/C/WYK 

Regulatory Area), Pacific cod, shallowwater flatfish in the Western Regulatory 

Area, arrowtooth flounder, flathead sole 

in the Western and Central Regulatory 

Areas, and Atka mackerel. The W/C/ 

WYK Regulatory Area pollock TAC and 

the GOA Pacific cod TACs are set to 

account for the State of Alaska’s (State’s) 

guideline harvest levels (GHLs) for the 

State water pollock and Pacific cod 

fisheries so that the ABCs are not 

exceeded. Additionally, the proposed 

GOA Pacific cod TACs include a further 

reduction, which the Council 

recommended and NMFS implemented 

in the 2020 and 2021 harvest 

specifications, as an additional 

conservation measure due to the stock’s 

projected 2020 spawning biomass 

(discussed further below). The shallowwater flatfish, arrowtooth flounder, and 

flathead sole TACs are set to allow for 

increased harvest opportunities for 

these target species while conserving 

the halibut PSC limit for use in other 

fisheries. The Atka mackerel TAC is set 

to accommodate incidental catch 

amounts in other fisheries. These 

reductions are described below. 

NMFS’s proposed apportionments of 

groundfish species are based on the 

distribution of biomass among the 

regulatory areas over which NMFS 

manages the species. Additional 

regulations govern the apportionment of 

pollock, Pacific cod, and sablefish. 

Additional detail on apportionments of 

pollock, Pacific cod, and sablefish are 

described below. 

The ABC for the pollock stock in the 

W/C/WYK Regulatory Area accounts for 

the GHL established by the State for the 

Prince William Sound (PWS) pollock 

fishery. The Plan Team, SSC, AP, and 

Council have recommended that the 

sum of all State water and Federal water 

pollock removals from the GOA not 

exceed ABC recommendations. For 2021 

and 2022, the Council recommended the 

W/C/WYK pollock ABC include the 

amount to account for the State’s PWS 

GHL. At the November 2018 Plan Team 


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meeting, State fisheries managers 

recommended setting the future PWS 

GHL at 2.5 percent of the annual W/C/ 

WYK pollock ABC. For 2021, this yields 

a PWS pollock GHL of 2,797 mt, an 

increase of 85 mt from the 2020 PWS 

GHL of 2,712 mt. After accounting for 

the PWS GHL, the 2021 and 2022 

pollock ABC for the combined W/C/ 

WYK areas is then apportioned among 

four statistical areas (Areas 610, 620, 

630, and 640) as both ABCs and TACs, 

as described below and detailed in 

Table 1. The total ABCs and TACs for 

the four statistical areas, plus the State 

GHL, do not exceed the combined W/C/ 

WYK ABC. The proposed W/C/WYK 

2021 and 2022 pollock ABC is 111,888 

mt, and the proposed TAC is 109,091 

mt. 

Apportionments of pollock to the W/ 

C/WYK management areas are 

considered to be apportionments of 

annual catch limit (ACLs) rather than 

apportionments of ABCs. This more 

accurately reflects that such 

apportionments address management 

concerns, rather than biological or 

conservation concerns. In addition, 

apportionments of the ACL in this 

manner allow NMFS to balance any 

transfer of TAC among Areas 610, 620, 

and 630 pursuant to § 679.20(a)(5)(iv)(B) 

to ensure that the combined W/C/WYK 

ACL, ABC, and TAC are not exceeded. 

NMFS proposes pollock TACs in the 

Western Regulatory Area (Area 610), 

Central Regulatory Area (Areas 620 and 

630), and the West Yakutat District 

(Area 640) and the Southeast Outside 

(SEO) District (Area 650) of the Eastern 

Regulatory Area of the GOA (see Table 

1). NMFS also proposes seasonal 

apportionment of the annual pollock 

TAC in the Western and Central 

Regulatory Areas of the GOA among 

Statistical Areas 610, 620, and 630. 

These apportionments are divided 

equally among the following two 

seasons: The A season (January 20 

through May 31) and the B season 

(September 1 through November 1) 

(§§ 679.23(d)(2)(i) and (ii), and 

679.20(a)(5)(iv)(A) and (B)). Additional 

detail is provided below; Table 2 lists 

these amounts. 

The proposed 2021 and 2022 Pacific 

cod TACs are set to accommodate the 

State’s GHLs for Pacific cod in State 

waters in the Western and Central 

Regulatory Areas, as well as in PWS (in 

the Eastern Regulatory Area) (see Table 

1). The Plan Team, SSC, AP, and 

Council recommended that the sum of 

all State water and Federal water Pacific 

cod removals from the GOA not exceed 

ABC recommendations. Accordingly, 

the Council recommended the 2021 and 

2022 Pacific cod TACs in the Western, 

Central, and Eastern Regulatory Areas to 

account for State GHLs. Therefore, the 

proposed 2021 and 2022 Pacific cod 

TACs are less than the proposed ABCs 

by the following amounts: (1) Western 

GOA, 1,483 mt; (2) Central GOA, 2,115 

mt; and (3) Eastern GOA, 305 mt. These 

amounts reflect the State’s 2021 and 

2022 GHLs in these areas, which are 30 

percent of the Western GOA proposed 

ABC, and 25 percent of the Eastern and 

Central GOA proposed ABCs. The 

proposed 2021 and 2022 Pacific cod 

TACs also incorporate an additional 

reduction (40 percent) from the 

proposed Pacific cod ABCs, after 

deduction of the State GHL amounts. 

This reduction was recommended by 

the Council and implemented by NMFS 

in the final 2020 and 2021 harvest 

specifications after the 2019 SAFE 

indicated that the spawning biomass of 

Pacific cod would be below 20 percent 

of the projected unfished spawning 

biomass during 2020. At the December 

2020 meeting, the Council will consider 

whether to recommend any reduction of 

the final Pacific cod TACs based on the 

most recent 2020 biological assessment 

on the stock condition for Pacific cod. 

NMFS also proposes seasonal 

apportionments of the Pacific cod TACs 

in the Western and Central Regulatory 

Areas. A portion of the annual TAC is 

apportioned to the A season for hookand-line, pot, and jig gear from January 

1 through June 10, and for trawl gear 

from January 20 through June 10. The 

remainder of the annual TAC is 

apportioned to the B season for jig gear 

from June 10 through December 31, for 

hook-and-line and pot gear from 

September 1 through December 31, and 

for trawl gear from September 1 through 

November 1 (§§ 679.23(d)(3) and 

679.20(a)(12)). The Western and Central 

GOA Pacific cod TACs are allocated 

among various gear and operational 

sectors. The Pacific cod sector 

apportionments are discussed in detail 

in a subsequent section and in Table 3 

of this rule. 

In 2020, NMFS prohibited directed 

fishing for Pacific cod in the GOA, in 

accordance with § 679.20(d)(4). At that 

time, NMFS determined that the 2019 

biological assessment of stock condition 

for Pacific cod in the GOA projected 

that the spawning biomass in the GOA 

would be below 20 percent of the 

projected unfished spawning biomass 

during 2020. Pursuant to § 679.20(d)(4), 

the directed fishery for Pacific cod in 

the GOA will remain closed until a 

subsequent biological assessment 

projects that the spawning biomass for 

Pacific cod in the GOA will exceed 20 

percent of the projected unfished 

spawning biomass during a fishing year. 

At the November 2020 Plan Team and 

December 2020 SSC meetings, the Plan 

Team and SSC will review the Pacific 

cod stock assessment and evaluate the 

stock condition of Pacific cod to 

determine whether the directed fishery 

for Pacific cod in the GOA will remain 

closed pursuant to § 679.20(d)(4). 

The Council’s recommendation for 

sablefish area apportionments takes into 

account the prohibition on the use of 

trawl gear in the SEO District of the 

Eastern Regulatory Area (§ 679.7(b)(1)) 

and makes available five percent of the 

combined Eastern Regulatory Area 

TACs to vessels using trawl gear for use 

as incidental catch in other trawl 

groundfish fisheries in the WYK District 

(§ 679.20(a)(4)(i)). Additional detail is 

provided below. Tables 4 and 5 list the 

proposed 2021 and 2022 allocations of 

the sablefish TAC to fixed gear and 

trawl gear in the GOA. 

For 2021 and 2022, the Council 

recommends and NMFS proposes the 

OFLs, ABCs, and TACs listed in Table 

1. These amounts are consistent with 

the biological condition of groundfish 

stocks as described in the 2019 SAFE 

report. The proposed ABCs reflect 

harvest amounts that are less than the 

specified overfishing levels. The 

proposed TACs are adjusted for other 

biological and socioeconomic 

considerations. The sum of the 

proposed TACs for all GOA groundfish 

is 402,783 mt for 2021 and 2022, which 

is within the OY range specified by the 

FMP. These proposed amounts and 

apportionments by area, season, and 

sector are subject to change pending 

consideration of the 2020 SAFE report 

and the Council’s recommendations for 

the final 2021 and 2022 harvest 

specifications during its December 2020 

meeting. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
78080 Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Proposed Rules 

TABLE 1—PROPOSED 2021 AND 2022 OFLS, ABCS, AND TACS OF GROUNDFISH FOR THE WESTERN/CENTRAL/WEST

YAKUTAT, WESTERN, CENTRAL, AND EASTERN REGULATORY AREAS, THE WEST YAKUTAT AND SOUTHEAST OUTSIDE

DISTRICTS OF THE EASTERN REGULATORY AREA, AND GULFWIDE DISTRICT OF THE GULF OF ALASKA

[Values are rounded to the nearest metric ton] 

Species Area 1 OFL ABC TAC 2

Pollock 2 .......................................................... Shumagin (610) .............................................. n/a 19,775 19,775 

Chirikof (620) .................................................. n/a 56,159 56,159 

Kodiak (630) ................................................... n/a 27,429 27,429 

WYK (640) ...................................................... n/a 5,728 5,728 

W/C/WYK (subtotal) ....................................... 149,988 111,888 109,091 

SEO (650) ...................................................... 13,531 10,148 10,148 

Total ............................................................ 163,519 122,036 119,239 

Pacific cod 3 .................................................... W .................................................................... n/a 4,942 2,076 

C ..................................................................... n/a 8,458 3,806 

E ..................................................................... n/a 1,221 549 

Total ............................................................ 30,099 14,621 6,431 

Sablefish 4 ....................................................... W .................................................................... n/a 3,003 3,003 

C ..................................................................... n/a 9,963 9,963 

WYK ............................................................... n/a 3,323 3,323 

SEO ................................................................ n/a 5,963 5,963 

E (WYK and SEO) (subtotal) ......................... n/a 9,286 9,286 

Total (Alaska-wide OFL) ............................. 64,765 22,252 22,252 

Shallow-water flatfish 5 .................................... W .................................................................... n/a 24,256 13,250 

C ..................................................................... n/a 28,205 28,205 

WYK ............................................................... n/a 2,820 2,820 

SEO ................................................................ n/a 1,128 1,128 

Total ............................................................ 69,129 56,409 45,403 

Deep-water flatfish 6 ........................................ W .................................................................... n/a 225 225 

C ..................................................................... n/a 1,914 1,914 

WYK ............................................................... n/a 2,068 2,068 

SEO ................................................................ n/a 1,719 1,719 

Total ............................................................ 7,040 5,926 5,926 

Rex sole .......................................................... W .................................................................... n/a 3,013 3,013 

C ..................................................................... n/a 8,912 8,912 

WYK ............................................................... n/a 1,206 1,206 

SEO ................................................................ n/a 2,285 2,285 

Total ............................................................ 18,779 15,416 15,416 

Arrowtooth flounder ......................................... W .................................................................... n/a 30,545 14,500 

C ..................................................................... n/a 66,683 66,683 

WYK ............................................................... n/a 9,946 6,900 

SEO ................................................................ n/a 17,183 6,900 

Total ............................................................ 148,597 124,357 94,983 

Flathead sole .................................................. W .................................................................... n/a 14,191 8,650 

C ..................................................................... n/a 20,799 15,400 

WYK ............................................................... n/a 2,424 2,424 

SEO ................................................................ n/a 1,912 1,912 

Total ............................................................ 47,919 39,326 28,386 

Pacific ocean perch 7 ...................................... W .................................................................... n/a 1,379 1,379 

C ..................................................................... n/a 22,727 22,727 

WYK ............................................................... n/a 1,410 1,410 

W/C/WYK ....................................................... 30,297 25,516 25,516 

SEO ................................................................ 5,303 4,467 4,467 

Total ............................................................ 35,600 29,983 29,983 

Northern rockfish 8 .......................................... W .................................................................... n/a 1,079 1,079 

C ..................................................................... n/a 3,027 3,027 

E ..................................................................... n/a 1 - 

Total ............................................................ 4,898 4,107 4,106 

Shortraker rockfish 9 ........................................ W .................................................................... n/a 52 52 

C ..................................................................... n/a 284 284 

E ..................................................................... n/a 372 372 

Total ............................................................ 944 708 708 

Dusky rockfish 10 ............................................. W .................................................................... n/a 759 759 

C ..................................................................... n/a 2,688 2,688 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Proposed Rules 78081 

TABLE 1—PROPOSED 2021 AND 2022 OFLS, ABCS, AND TACS OF GROUNDFISH FOR THE WESTERN/CENTRAL/WEST

YAKUTAT, WESTERN, CENTRAL, AND EASTERN REGULATORY AREAS, THE WEST YAKUTAT AND SOUTHEAST OUTSIDE

DISTRICTS OF THE EASTERN REGULATORY AREA, AND GULFWIDE DISTRICT OF THE GULF OF ALASKA—Continued 

[Values are rounded to the nearest metric ton] 

Species Area 1 OFL ABC TAC 2

WYK ............................................................... n/a 113 113 

SEO ................................................................ n/a 38 38 

Total ............................................................ 4,396 3,598 3,598 

Rougheye and blackspotted rockfish 11 .......... W .................................................................... n/a 169 169 

C ..................................................................... n/a 455 455 

E ..................................................................... n/a 587 587 

Total ............................................................ 1,455 1,211 1,211 

Demersal shelf rockfish 12 ............................... SEO ................................................................ 375 238 238 

Thornyhead rockfish 13 .................................... W .................................................................... n/a 326 326 

C ..................................................................... n/a 911 911 

E ..................................................................... n/a 779 779 

Total ............................................................ 2,688 2,016 2,016 

Other rockfish 14 15 .......................................... W/C combined ................................................ n/a 940 940 

WYK ............................................................... n/a 369 369 

SEO ................................................................ n/a 2,744 2,744 

Total ............................................................ 5,320 4,053 4,053 

Atka mackerel ................................................. GW ................................................................. 6,200 4,700 3,000 

Big skates 16 .................................................... W .................................................................... n/a 758 758 

C ..................................................................... n/a 1,560 1,560 

E ..................................................................... n/a 890 890 

Total ............................................................ 4,278 3,208 3,208 

Longnose skates 17 ......................................... W .................................................................... n/a 158 158 

C ..................................................................... n/a 1,875 1,875 

E ..................................................................... n/a 554 554 

Total ............................................................ 3,449 2,587 2,587 

Other skates 18 ................................................ GW ................................................................. 1,166 875 875 

Sharks ............................................................. GW ................................................................. 10,913 8,184 8,184 

Octopuses ....................................................... GW ................................................................. 1,307 980 980 

Total ......................................................... ......................................................................... 632,836 466,791 402,783 

1 Regulatory areas and districts are defined at § 679.2. (W=Western Gulf of Alaska; C=Central Gulf of Alaska; E=Eastern Gulf of Alaska; 

WYK=West Yakutat District; SEO=Southeast Outside District; GW=Gulf-wide). 2The total for the W/C/WYK Regulatory Areas pollock ABC is 111,888 mt. After deducting 2.5 percent (2,797 mt) of that ABC for the State’s 

pollock GHL fishery, the remaining pollock ABC of 109,091 mt (for the W/C/WYK Regulatory Areas) is apportioned among four statistical areas 

(Areas 610, 620, 630, and 640). These apportionments are considered subarea ACLs, rather than ABCs, for specification and reapportionment 

purposes. The ACLs in Areas 610, 620, and 630 are further divided by season, as detailed in Table 2. In the West Yakutat (Area 640) and 

Southeast Outside (Area 650) Districts of the Eastern Regulatory Area, pollock is not divided into seasonal allowances. 3The annual Pacific cod TAC is apportioned: (1) 63.84 percent to the A season and 36.16 percent to the B season and (2) 64.16 percent to 

the A season and 35.84 percent to the B season in the Western and Central Regulatory Areas of the GOA, respectively. The Pacific cod TAC in 

the Eastern Regulatory Area of the GOA is allocated 90 percent to vessels harvesting Pacific cod for processing by the inshore component and 

10 percent to vessels harvesting Pacific cod for processing by the offshore component. Table 3 lists the proposed 2021 and 2022 Pacific cod 

seasonal apportionments and sector allocations. 4The Sablefish OFL is set Alaska-wide. Additionally, sablefish is allocated to fixed and trawl gear in 2021 and trawl gear in 2022. Tables 4 and 

5 list the proposed 2021 and 2022 allocations of sablefish TACs. 5 ‘‘Shallow-water flatfish’’ means flatfish not including ‘‘deep-water flatfish,’’ flathead sole, rex sole, or arrowtooth flounder. 6 ‘‘Deep-water flatfish’’ means Dover sole, Greenland turbot, Kamchatka flounder, and deepsea sole. 

7 ‘‘Pacific ocean perch’’ means Sebastes alutus. 8 ‘‘Northern rockfish’’ means Sebastes polyspinous. For management purposes the 1 mt apportionment of ABC to the WYK District of the Eastern Regulatory Area has been included in the ‘‘other rockfish’’ species group. 9 ‘‘Shortraker rockfish’’ means Sebastes borealis. 10 ‘‘Dusky rockfish’’ means Sebastes variabilis. 11 ‘‘Rougheye and blackspotted rockfish’’ means Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted). 12 ‘‘Demersal shelf rockfish’’ means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper), S. maliger (quillback), S. 

helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye). 13 ‘‘Thornyhead rockfish’’ means Sebastes species. 14 ‘‘Other rockfish means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio), S. goodei (chilipepper), S. crameri 

(darkblotch), S. elongatus (greenstriped), S. variegatus (harlequin), S. wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S. 

zacentrus (sharpchin), S. jordani (shortbelly), S. brevispinis (silvergray), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus (vermilion), S. 

reedi (yellowmouth), S. entomelas (widow), and S. flavidus (yellowtail). In the Eastern GOA only, ‘‘other rockfish’’ also includes northern rockfish 

(S. polyspinous). 

15 ‘‘Other rockfish’’ in the Western and Central Regulatory Areas and in the West Yakutat District of the Eastern Regulatory Area means all 

rockfish species included in the ‘‘other rockfish’’ and demersal shelf rockfish categories. The ‘‘other rockfish’’ species group in the SEO District 

only includes other rockfish. 16 ‘‘Big skates’’ means Raja binoculata. 17 ‘‘Longnose skates’’ means Raja rhina. 18 ‘‘Other skates’’ means Bathyraja and Raja spp. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
78082 Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Proposed Rules 

Proposed Apportionment of Reserves 

Section 679.20(b)(2) requires NMFS to 

set aside 20 percent of each TAC for 

pollock, Pacific cod, flatfish, sharks, and 

octopuses in reserve for possible 

apportionment at a later date during the 

fishing year. Section 679.20(b)(3) 

authorizes NMFS to reapportion all or 

part of these reserves. In 2020, NMFS 

reapportioned all of the reserves in the 

final harvest specifications. For 2021 

and 2022, NMFS proposes 

reapportionment of each of the reserves 

for pollock, Pacific cod, flatfish, sharks, 

and octopuses back into the original 

TAC from which the reserve was 

derived. NMFS expects, based on recent 

harvest patterns, that such reserves will 

not be necessary and that the entire TAC 

for each of these species will be caught. 

The TACs in Table 1 reflect this 

proposed reapportionment of reserve 

amounts to the original TAC for these 

species and species groups, i.e., each 

proposed TAC for the above-mentioned 

species or species groups contains the 

full TAC recommended by the Council. 

Proposed Apportionments of Pollock 

TAC Among Seasons and Regulatory 

Areas, and Allocations for Processing by 

Inshore and Offshore Components 

In the GOA, pollock is apportioned by 

season and area, and is further allocated 

for processing by inshore and offshore 

components. Pursuant to 

§ 679.20(a)(5)(iv)(B), the annual pollock 

TAC specified for the Western and 

Central Regulatory Areas of the GOA is 

apportioned into two seasonal 

allowances of 50 percent. As established 

by § 679.23(d)(2)(i) through (ii), the A 

and B season allowances are available 

from January 20 through May 31 and 

September 1 through November 1, 

respectively. This is a change from 2020 

and prior years, when there were four 

specified pollock seasons of equal 

seasonal allowances of 25 percent. As 

described earlier in the preamble, the 

regulatory revisions implemented by 

Amendment 109 to the FMP (85 FR 

38093, June 25, 2020) decreased the 

number of seasons to two and 

established two equal seasonal 

allowances of 50 percent. NMFS is 

incorporating these regulatory revisions 

(which are effective January 1, 2021) 

into the harvest specifications for the 

GOA, and Table 2, below, reflects the 

revised seasons and seasonal allocations 

implemented by Amendment 109 to the 

FMP. 

The GOA pollock stock assessment 

continues to use a four-season 

methodology to determine pollock 

distribution in the Western and Central 

Regulatory Areas of the GOA to 

maintain continuity in the historical 

pollock apportionment time-series. 

Pollock TACs in the Western and 

Central Regulatory Areas of the GOA are 

apportioned among Statistical Areas 

610, 620, and 630 in proportion to the 

distribution of pollock biomass 

determined by the most recent NMFS 

surveys, pursuant to 

§ 679.20(a)(5)(iv)(A). The pollock 

chapter of the 2019 SAFE report (see 

ADDRESSES) contains a comprehensive 

description of the apportionment and 

reasons for the minor changes from past 

apportionments. For purposes of 

specifying pollock between two seasons 

for the Western and Central Regulatory 

Areas of the GOA, NMFS has summed 

the A and B season apportionments and 

the C and D season apportionments as 

calculated in the 2019 GOA pollock 

assessment. This yields the seasonal 

amounts specified for the A season and 

the B season, respectively. 

Within any fishing year, the amount 

by which a seasonal allowance is 

underharvested or overharvested may be 

added to, or subtracted from, 

subsequent seasonal allowances in a 

manner to be determined by the 

Regional Administrator 

(§ 679.20(a)(5)(iv)(B)). The rollover 

amount is limited to 20 percent of the 

subsequent seasonal TAC 

apportionment for the statistical area. 

Any unharvested pollock above the 20- 

percent limit could be further 

distributed to the subsequent season in 

the other statistical areas, in proportion 

to the estimated biomass to the 

subsequent season and in an amount no 

more than 20 percent of the seasonal 

TAC apportionment in those statistical 

areas (§ 679.20(a)(5)(iv)(B)). The 

proposed 2021 and 2022 pollock TACs 

in the WYK District of 5,728 mt and the 

SEO District of 10,148 mt are not 

allocated by season. 

Table 2 lists the proposed 2021 and 

2022 area apportionments and seasonal 

allowances of pollock in the Western 

and Central Regulatory Areas. The 

amounts of pollock for processing by the 

inshore and offshore components are 

not shown. Section 679.20(a)(6)(i) 

requires allocation of 100 percent of the 

pollock TAC in all regulatory areas and 

all seasonal allowances to vessels 

catching pollock for processing by the 

inshore component after subtraction of 

amounts projected by the Regional 

Administrator to be caught by, or 

delivered to, the offshore component 

incidental to directed fishing for other 

groundfish species. Thus, the amount of 

pollock available for harvest by vessels 

harvesting pollock for processing by the 

offshore component is the amount that 

will be taken as incidental catch during 

directed fishing for groundfish species 

other than pollock, up to the maximum 

retainable amounts allowed by 

§ 679.20(e) and (f). At this time, these 

incidental catch amounts of pollock are 

unknown and will be determined 

during the 2021 fishing year during the 

course of fishing activities by the 

offshore component. 

TABLE 2—PROPOSED 2021 AND 2022 DISTRIBUTION OF POLLOCK IN THE CENTRAL AND WESTERN REGULATORY AREAS

OF THE GULF OF ALASKA; AREA APPORTIONMENTS; AND SEASONAL ALLOWANCES OF ANNUAL TAC 1

[Values are rounded to the nearest metric ton] 

Season 2 Shumigan 

(Area 610) 

Chirikof 

(Area 620) 

Kodiak 

(Area 630) Total 3

A (January 20–May 31) ................................................................................... 1,067 42,260 8,354 51,682 

B (September 1–November 1) ........................................................................ 18,708 13,899 19,074 51,682 

Annual Total ............................................................................................. 19,775 56,159 27,429 103,363 

1Area apportionments and seasonal allowances may not total precisely due to rounding. 

2As established by § 679.23(d)(2)(i) through (ii), the A and B season allowances are available from January 20 through May 31 and September 1 through November 1, respectively. The amounts of pollock for processing by the inshore and offshore components are not shown in 

this table. 3The West Yakutat and Southeast Outside District pollock TACs are not allocated by season and are not included in the total pollock TACs 

shown in this table. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Proposed Rules 78083 

Proposed Annual and Seasonal 

Apportionments of Pacific Cod TAC 

Pursuant to § 679.20(a)(12)(i), NMFS 

proposes allocations for the 2021 and 

2022 Pacific cod TACs in the Western 

and Central Regulatory Areas of the 

GOA among gear and operational 

sectors. NMFS also proposes allocating 

the 2021 and 2022 Pacific cod TACs 

annually between the inshore (90 

percent) and offshore (10 percent) 

components in the Eastern Regulatory 

Area of the GOA (§ 679.20(a)(6)(ii)). In 

the Central GOA, the Pacific cod TAC is 

apportioned seasonally first to vessels 

using jig gear, and then among CVs less 

than 50 feet in length overall using 

hook-and-line gear, CVs equal to or 

greater than 50 feet in length overall 

using hook-and-line gear, catcher/ 

processors (CPs) using hook-and-line 

gear, CVs using trawl gear, CPs using 

trawl gear, and vessels using pot gear 

(§ 679.20(a)(12)(i)(B)). In the Western 

GOA, the Pacific cod TAC is 

apportioned seasonally first to vessels 

using jig gear, and then among CVs 

using hook-and-line gear, CPs using 

hook-and-line gear, CVs using trawl 

gear, CPs using trawl gear, and vessels 

using pot gear (§ 679.20(a)(12)(i)(A)). 

The overall seasonal apportionments of 

the annual TAC in the Western GOA are 

63.84 percent to the A season and 36.16 

percent to the B season, and in the 

Central GOA are 64.16 percent to the A 

season and 35.84 percent to the B 

season. 

Under § 679.20(a)(12)(ii), any overage 

or underage of the Pacific cod allowance 

from the A season may be subtracted 

from, or added to, the subsequent B 

season allowance. In addition, any 

portion of the hook-and-line, trawl, pot, 

or jig sector allocations that is 

determined by NMFS as likely to go 

unharvested by a sector may be 

reallocated to other sectors for harvest 

during the remainder of the fishing year. 

Pursuant to § 679.20(a)(12)(i)(A) and 

(B), a portion of the annual Pacific cod 

TACs in the Western and Central GOA 

will be allocated to vessels with a 

Federal fisheries permit that use jig gear 

before the TACs are apportioned among 

other non-jig sectors. In accordance with 

the FMP, the annual jig sector 

allocations may increase to up to 6 

percent of the annual Western and 

Central GOA Pacific cod TACs, 

depending on the annual performance 

of the jig sector (see Table 1 of 

Amendment 83 to the FMP for a 

detailed discussion of the jig sector 

allocation process (76 FR 74670, 

December 1, 2011)). Jig sector allocation 

increases are established for a minimum 

of two years. 

NMFS has evaluated the historical 

harvest performance of the jig sector in 

the Western and Central GOA, and 

proposes 2021 and 2022 Pacific cod 

apportionments to this sector based on 

its historical harvest performance 

through 2019. For 2021 and 2022, 

NMFS proposes that the jig sector 

receive 3.5 percent of the annual Pacific 

cod TAC in the Western GOA. This 

includes a base allocation of 1.5 percent 

and an additional performance increase 

of 2.0 percent. NMFS also proposes that 

the jig sector receive 1.0 percent of the 

annual Pacific cod TAC in the Central 

GOA. This includes a base allocation of 

1.0 percent and no additional 

performance increase. The 2014 through 

2019 Pacific cod jig allocations, catch, 

and percent allocation changes are 

listed in Figure 1. 

FIGURE 1—SUMMARY OF WESTERN GOA AND CENTRAL GOA PACIFIC COD CATCH BY JIG GEAR IN 2014 THROUGH

2019, AND CORRESPONDING PERCENT ALLOCATION CHANGES

Area Year Initial percent 

of TAC 

Initial TAC 

allocation 

Catch 

(mt) 

Percent of 

initial 

allocation 

>90% of initial 

allocation? 

Change to percent 

allocation 

Western GOA ...... 2014 2.5 573 785 137 Y Increase 1%. 

2015 3.5 948 55 6 N None. 

2016 3.5 992 52 5 N Decrease 1%. 

2017 2.5 635 49 8 N Decrease 1%. 

2018 1.5 125 121 97 Y Increase 1%. 

2019 2.5 134 134 100 Y Increase 1%. 

Central GOA ........ 2014 2.0 797 262 33 N Decrease 1%. 

2015 1.0 460 355 77 N None. 

2016 1.0 370 267 72 N None. 

2017 1.0 331 18 6 N None. 

2018 1.0 61 0 0 N None. 

2019 1.0 58 30 52 N None. 

For 2021 and 2022, NMFS proposes 

apportioning the jig sector allocations 

for the Western and Central GOA 

between the A season (60 percent) and 

the B season (40 percent). This is the 

same jig sector seasonal apportionments 

implemented in prior groundfish 

harvest specifications for the GOA and 

is consistent with Amendment 83 to the 

FMP (76 FR 44700; July 26, 2011). 

NMFS will not evaluate the 2020 

performance of the jig sectors in the 

Western and Central GOA: Since NMFS 

prohibited directed fishing for all 

Pacific cod sectors in 2020, the catch for 

the jig sectors will not reach 90 percent 

of the initial allocation required for a 

performance increase (84 FR 70438, 

December 23, 2019). As discussed 

earlier in this preamble, the directed 

fishing prohibition was issued pursuant 

to § 679.20(d)(4) and required because 

the 2019 biological assessment of stock 

condition for Pacific cod in the GOA 

projected that the spawning biomass in 

the GOA would be below 20 percent of 

the projected unfished spawning 

biomass during 2020. 

As discussed earlier in this preamble, 

NMFS published a final rule (85 FR 

38093, June 25, 2020) to implement 

Amendment 109 to the FMP. With 

respect to Pacific cod, Amendment 109 

revised the Pacific cod TAC seasonal 

apportionments to the trawl CV sector 

by increasing the A season allocation 

and decreasing the B season allocation, 

with the intent of decreasing the annual 

underharvest of Pacific cod by this 

sector. NMFS is incorporating the 

revised seasonal apportionments to 

trawl CVs between the A and B seasons 

in accordance with regulatory changes 

made under Amendment 109. The A 

season apportionment for trawl CVs has 

increased to 31.54 percent and 25.29 

percent in the Western and Central 

Regulatory Areas of the GOA, 

respectively. The B season 

apportionment for trawl CVs has 

decreased to 6.86 percent and 16.29 

percent in the Western and Central 

Regulatory Areas of the GOA, 

respectively. The seasonal allowances of 


khammond on DSKJM1Z7X2PROD with PROPOSALS
78084 Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Proposed Rules 

the trawl CV sector’s annual TAC limit 

in the Western and Central Regulatory 

Area of the GOA are revised to reflect 

the revised seasonal apportionments. 

Table 3 lists these revisions in the trawl 

CV seasonal apportionments and sets 

forth the seasonal apportionments and 

allocations of the proposed 2021 and 

2022 Pacific cod TACs. 

TABLE 3—PROPOSED 2021 AND 2022 SEASONAL APPORTIONMENTS AND ALLOCATIONS OF PACIFIC COD TAC AMOUNTS

IN THE GOA; ALLOCATIONS IN THE WESTERN GOA AND CENTRAL GOA SECTORS, AND THE EASTERN GOA INSHORE

AND OFFSHORE PROCESSING COMPONENTS

[Values are rounded to the nearest metric ton] 

Regulatory area and sector 

Annual 

allocation 

(mt) 

A Season B Season 

Sector 

percentage of 

annual non-jig 

TAC 

Seasonal 

allowances 

(mt) 

Sector 

percentage of 

annual non-jig 

TAC 

Seasonal 

allowances 

(mt) 

Western GOA: 

Jig (3.5% of TAC) ......................................................... 73 N/A 44 N/A 29 

Hook-and-line CV ......................................................... 28 0.70 14 0.70 14 

Hook-and-line CP ......................................................... 397 10.90 218 8.90 178 

Trawl CV ....................................................................... 769 31.54 632 6.86 137 

Trawl CP ....................................................................... 48 0.90 18 1.50 30 

Pot CV and Pot CP ...................................................... 761 19.80 397 18.20 365 

Total ....................................................................... 2,076 63.84 1,323 36.16 753 

Central GOA: 

Jig (1.0% of TAC) ......................................................... 38 N/A 23 N/A 15 

Hook-and-line <50 CV .................................................. 550 9.32 351 5.29 199 

Hook-and-line ≥50 CV .................................................. 253 5.61 211 1.10 41 

Hook-and-line CP ......................................................... 192 4.11 155 1.00 38 

Trawl CV1 ..................................................................... 1,567 25.29 953 16.29 614 

Trawl CP ....................................................................... 158 2.00 75 2.19 83 

Pot CV and Pot CP ...................................................... 1,048 17.83 672 9.97 376 

Total ....................................................................... 3,806 64.16 2,440 35.84 1,366 

Eastern GOA ........................................................................ ........................ Inshore (90% of Annual TAC) Offshore (10% of Annual TAC) 

549 494 55 

1Trawl catcher vessels participating in Rockfish Program cooperatives receive 3.81 percent, or 145 mt, of the annual Central GOA Pacific cod 

TAC (see Table 28c to 50 CFR part 679). This apportionment is deducted from the Trawl CV B season allowance (see Table 8: Apportionments 

of Rockfish Secondary Species in the Central GOA and Table 28c to 50 CFR part 679). 

Proposed Allocations of the Sablefish 

TAC Amounts to Vessels Using Fixed 

Gear and Trawl Gear 

Section 679.20(a)(4)(i) and (ii) 

requires allocations of sablefish TACs 

for each of the regulatory areas and 

districts to fixed and trawl gear. In the 

Western and Central Regulatory Areas, 

80 percent of each TAC is allocated to 

fixed gear, and 20 percent of each TAC 

is allocated to trawl gear. In the Eastern 

Regulatory Area, 95 percent of the TAC 

is allocated to fixed gear, and 5 percent 

is allocated to trawl gear. The trawl gear 

allocation in the Eastern Regulatory 

Area may be used only to support 

incidental catch of sablefish while 

directed fishing for other target species 

using trawl gear (§ 679.20(a)(4)(i)). 

In recognition of the prohibition 

against trawl gear in the SEO District of 

the Eastern Regulatory Area, the Council 

recommended and NMFS proposes 

specifying for incidental catch the 

allocation of 5 percent of the combined 

Eastern Regulatory Area sablefish TAC 

to trawl gear in the WYK District of the 

Eastern Regulatory Area. The remainder 

of the WYK District sablefish TAC is 

allocated to vessels using fixed gear. 

This proposed action allocates 100 

percent of the sablefish TAC in the SEO 

District to vessels using fixed gear. This 

results in a proposed 2021 allocation of 

464 mt to trawl gear and 2,859 mt to 

fixed gear in the WYK District, a 

proposed 2022 allocation of 5,963 mt to 

fixed gear in the SEO District, and a 

proposed 2022 allocation of 464 mt to 

trawl gear in the WYK District. Table 4 

lists the allocations of the proposed 

2021 sablefish TACs to fixed and trawl 

gear. Table 5 lists the allocations of the 

proposed 2022 sablefish TACs to trawl 

gear. 

The Council recommended that the 

trawl sablefish TAC be established for 

two years so that retention of incidental 

catch of sablefish by trawl gear could 

commence in January in the second year 

of the groundfish harvest specifications. 

Tables 4 and 5 list the proposed 2021 

and 2022 trawl allocations, respectively. 

The Council also recommended that 

the fixed gear sablefish TAC be 

established annually to ensure that the 

sablefish IFQ fishery is conducted 

concurrently with the halibut IFQ 

fishery and is based on the most recent 

survey information. Since there is an 

annual assessment for sablefish and 

since the final harvest specifications are 

expected to be published before the IFQ 

season begins (typically, in early 

March), the Council recommended that 

the fixed gear sablefish TAC be set 

annually, rather than for 2 years, so that 

the best available scientific information 

could be considered in establishing the 

sablefish ABCs and TACs. Accordingly, 

Table 4 lists the proposed 2021 fixed 

gear allocations, and the 2022 fixed gear 

allocations will be specified in the 2022 

and 2023 harvest specifications. 

With the exception of the trawl 

allocations that are provided to the 

Rockfish Program (see Table 28c to 50 

CFR part 679), directed fishing for 

sablefish with trawl gear is closed 

during the fishing year. Also, fishing for 


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groundfish with trawl gear is prohibited 

prior to January 20 (§ 679.23(c)). 

Therefore, it is not likely that the 

sablefish allocation to trawl gear would 

be reached before the effective date of 

the final 2022 and 2023 harvest 

specifications. 

TABLE 4—PROPOSED 2021 SABLEFISH TAC AMOUNTS IN THE GULF OF ALASKA AND ALLOCATIONS TO FIXED AND TRAWL

GEAR

[Values are rounded to the nearest metric ton] 

Area/district TAC Fixed gear 

allocation 

Trawl 

allocation 

Western ........................................................................................................................................ 3,003 2,402 601 

Central 1 ....................................................................................................................................... 9,963 7,970 1,993 

West Yakutat 2 ............................................................................................................................. 3,323 2,859 464 

Southeast Outside ....................................................................................................................... 5,963 5,963 0 

Total ...................................................................................................................................... 22,252 19,195 3,058 

1The trawl allocation of sablefish to the Central Regulatory Area is further apportioned to the Rockfish Program cooperatives (1,025 mt). See 

Table 8: Apportionments of Rockfish Secondary Species in the Central GOA. This results in 968 mt being available for the non-Rockfish Program 

trawl fisheries. 2The proposed trawl allocation is based on allocating 5 percent of the combined Eastern Regulatory Area (West Yakutat and Southeast Outside Districts combined) sablefish TAC to trawl gear in the West Yakutat District. 

TABLE 5—PROPOSED 2022 SABLEFISH TAC AMOUNTS IN THE GULF OF ALASKA AND ALLOCATION TO TRAWL GEAR 1

[Values are rounded to the nearest metric ton] 

Area/district TAC Fixed gear 

allocation 

Trawl 

allocation 

Western ........................................................................................................................................ 3,003 n/a 601 

Central 2 ....................................................................................................................................... 9,963 n/a 1,993 

West Yakutat 3 ............................................................................................................................. 3,323 n/a 464 

Southeast Outside ....................................................................................................................... 5,963 n/a 0 

Total ...................................................................................................................................... 22,252 n/a 3,058 

1The Council recommended that harvest specifications for the fixed gear sablefish Individual Fishing Quota fisheries be limited to 1 year. 

2The trawl allocation of sablefish to the Central Regulatory Area is further apportioned to the Rockfish Program cooperatives (1,025 mt). See 

Table 8: Apportionments of Rockfish Secondary Species in the Central GOA. This results in 968 mt being available for the non-Rockfish Program 

trawl fisheries. 3The proposed trawl allocation is based on allocating 5 percent of the combined Eastern Regulatory Area (West Yakutat and Southeast Outside Districts combined) sablefish TAC to trawl gear in the West Yakutat District. 

Proposed Allocations, Apportionments, 

and Sideboard Limitations for the 

Rockfish Program 

These proposed 2021 and 2022 

harvest specifications for the GOA 

include the fishery cooperative 

allocations and sideboard limitations 

established by the Rockfish Program. 

Program participants are primarily trawl 

CVs and trawl CPs, with limited 

participation by vessels using longline 

gear. The Rockfish Program assigns 

quota share and cooperative quota to 

trawl participants for primary species 

(Pacific ocean perch, northern rockfish, 

and dusky rockfish) and secondary 

species (Pacific cod, rougheye rockfish, 

sablefish, shortraker rockfish, and 

thornyhead rockfish), allows a 

participant holding a license limitation 

program (LLP) license with rockfish 

quota share to form a rockfish 

cooperative with other persons, and 

allows holders of CP LLP licenses to opt 

out of the fishery. The Rockfish Program 

also has an entry level fishery for 

rockfish primary species for vessels 

using longline gear. Longline gear 

includes hook-and-line, jig, troll, and 

handline gear. 

Under the Rockfish Program, rockfish 

primary species in the Central GOA are 

allocated to participants after deducting 

for incidental catch needs in other 

directed fisheries (§ 679.81(a)(2)). 

Participants in the Rockfish Program 

also receive a portion of the Central 

GOA TAC of specific secondary species. 

In addition to groundfish species, the 

Rockfish Program allocates a portion of 

the halibut PSC limit (191 mt) from the 

third season deep-water species fishery 

allowance for the GOA trawl fisheries to 

Rockfish Program participants 

(§ 679.81(d) and Table 28d to 50 CFR 

part 679). The Rockfish Program also 

establishes sideboard limits to restrict 

the ability of harvesters operating under 

the Rockfish Program to increase their 

participation in other, non-Rockfish 

Program fisheries. These restrictions 

and halibut PSC limits are discussed in 

a subsequent section in this rule titled 

‘‘Rockfish Program Groundfish 

Sideboard and Halibut PSC 

Limitations.’’ 

Section 679.81(a)(2)(ii) and Table 28e 

to 50 CFR part 679 require allocations 

of 5 mt of Pacific ocean perch, 5 mt of 

northern rockfish, and 50 mt of dusky 

rockfish to the entry level longline 

fishery in 2021 and 2022. The allocation 

for the entry level longline fishery may 

increase incrementally each year if the 

catch exceeds 90 percent of the 

allocation of a species. The incremental 

increase in the allocation would 

continue each year until it reaches the 

maximum percentage of the TAC for 

that species. In 2020, the catch for all 

three primary species did not exceed 90 

percent of any allocated rockfish 

species. Therefore, NMFS is not 

proposing any increases to the entry 

level longline fishery 2021 and 2022 

allocations in the Central GOA. The 

remainder of the TACs for the rockfish 

primary species, after subtracting the 

incidental catch amounts (ICAs), would 

be allocated to the CV and CP 

cooperatives (§ 679.81(a)(2)(iii)). Table 6 

lists the allocations of the proposed 

2021 and 2022 TACs for each rockfish 

primary species to the entry level 


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longline fishery, the potential 

incremental increases for future years, 

and the maximum percentages of the 

TACs for the entry level longline 

fishery. 

TABLE 6—PROPOSED 2021 AND 2022 ALLOCATIONS OF ROCKFISH PRIMARY SPECIES TO THE ENTRY LEVEL LONGLINE

FISHERY IN THE CENTRAL GULF OF ALASKA

Rockfish primary species 

Proposed 

2021 and 

2022 

allocations 

[metric tons] 

Incremental 

increase in 

2022 if >90 

percent of 

2021 

allocation is 

harvested 

[metric tons] 

Up to 

maximum 

percent of 

each TAC of: 

Pacific ocean perch ..................................................................................................................... 5 5 1 

Northern rockfish ......................................................................................................................... 5 5 2 

Dusky rockfish ............................................................................................................................. 50 20 5 

Section 679.81 requires allocations of 

rockfish primary species among various 

sectors of the Rockfish Program. Table 7 

lists the proposed 2021 and 2022 

allocations of rockfish primary species 

in the Central GOA to the entry level 

longline fishery, and rockfish CV and 

CP cooperatives in the Rockfish 

Program. NMFS also proposes setting 

aside incidental catch amounts (ICAs) 

for other directed fisheries in the 

Central GOA of 3,000 mt of Pacific 

ocean perch, 300 mt of northern 

rockfish, and 250 mt of dusky rockfish. 

These amounts are based on recent 

average incidental catches in the Central 

GOA by other groundfish fisheries. 

Allocations among vessels belonging 

to CV or CP cooperatives are not 

included in these proposed harvest 

specifications. Rockfish Program 

applications for CV cooperatives and CP 

cooperatives are not due to NMFS until 

March 1 of each calendar year; 

therefore, NMFS cannot calculate 2021 

and 2022 allocations in conjunction 

with these proposed harvest 

specifications. NMFS will post the 2021 

allocations on the Alaska Region 

website at https://

www.fisheries.noaa.gov/alaska/ 

sustainable-fisheries/alaska-fisheriesmanagement-reports#central-goarockfish when they become available 

after March 1. 

TABLE 7—PROPOSED 2021 AND 2022 ALLOCATIONS OF ROCKFISH PRIMARY SPECIES IN THE CENTRAL GULF OF ALASKA

TO THE ENTRY LEVEL LONGLINE FISHERY AND ROCKFISH COOPERATIVES IN THE ROCKFISH PROGRAM

[Values are rounded to the nearest metric ton] 

Rockfish primary species Central GOA 

TAC 

Incidental 

catch 

allowance 

(ICA) 

TAC minus 

ICA 

Allocation to 

the entry level 

longline 1

fishery 

Allocation to 

the rockfish 

cooperatives 2

Pacific ocean perch ............................................................. 22,727 3,000 19,727 5 19,722 

Northern rockfish .................................................................. 3,027 300 2,727 5 2,722 

Dusky rockfish ...................................................................... 2,688 250 2,438 50 2,388 

Total .............................................................................. 28,442 3,550 24,892 60 24,832 

1 Longline gear includes hook-and-line, jig, troll, and handline gear (§ 679.2). 

2 Rockfish cooperatives include vessels in CV and CP cooperatives (§ 679.81). 

Section 679.81(c) and Table 28c to 50 

CFR part 679 requires allocations of 

rockfish secondary species to CV and CP 

cooperatives in the Central GOA. CV 

cooperatives receive allocations of 

Pacific cod, sablefish from the trawl gear 

allocation, and thornyhead rockfish. CP 

cooperatives receive allocations of 

sablefish from the trawl gear allocation, 

rougheye and blackspotted rockfish, 

shortraker rockfish, and thornyhead 

rockfish. Table 8 lists the 

apportionments of the proposed 2021 

and 2022 TACs of rockfish secondary 

species in the Central GOA to CV and 

CP cooperatives. 

TABLE 8—PROPOSED 2021 AND 2022 APPORTIONMENTS OF ROCKFISH SECONDARY SPECIES IN THE CENTRAL GOA TO

CATCHER VESSEL AND CATCHER/PROCESSOR COOPERATIVES

[Values are in metric tons] 

Rockfish secondary species Central GOA 

annual TAC 

Catcher vessel cooperatives Catcher/processor 

cooperatives 

Percentage of 

TAC 

Apportionment 

(mt) Percentage of 

TAC 

Apportionment 

(mt) 

Pacific cod ............................................................................ 3,806 3.81 145 0.0 0 

Sablefish .............................................................................. 9,963 6.78 675 3.51 350 

Shortraker rockfish ............................................................... 284 0.0 0 40.00 114 


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TABLE 8—PROPOSED 2021 AND 2022 APPORTIONMENTS OF ROCKFISH SECONDARY SPECIES IN THE CENTRAL GOA TO

CATCHER VESSEL AND CATCHER/PROCESSOR COOPERATIVES—Continued 

[Values are in metric tons] 

Rockfish secondary species Central GOA 

annual TAC 

Catcher vessel cooperatives Catcher/processor 

cooperatives 

Percentage of 

TAC 

Apportionment 

(mt) Percentage of 

TAC 

Apportionment 

(mt) 

Rougheye and blackspotted rockfish ................................... 455 0.0 0 58.87 268 

Thornyhead rockfish ............................................................ 911 7.84 71 26.50 241 

Halibut PSC Limits 

Section 679.21(d) establishes annual 

halibut PSC limit apportionments to 

trawl and hook-and-line gear, and 

authorizes the establishment of 

apportionments for pot gear. In October 

2020, the Council recommended, and 

NMFS proposes, halibut PSC limits of 

1,706 mt for trawl gear, 257 mt for hookand-line gear, and 9 mt for the demersal 

shelf rockfish (DSR) fishery in the SEO 

District for both 2021 and 2022. 

The DSR fishery in the SEO District 

is defined at § 679.21(d)(2)(ii)(A). This 

fishery is apportioned 9 mt of the 

halibut PSC limit in recognition of its 

small-scale harvests of groundfish 

(§ 679.21(d)(2)(i)(A)). The separate 

halibut PSC limit for the DSR fishery is 

intended to prevent that fishery from 

being impacted from the halibut PSC 

incurred by other GOA fisheries. NMFS 

estimates low halibut bycatch in the 

DSR fishery because (1) the duration of 

the DSR fisheries and the gear soak 

times are short, (2) the DSR fishery 

occurs in the winter when there is less 

overlap in the distribution of DSR and 

halibut, and (3) the directed commercial 

DSR fishery has a low DSR TAC. The 

Alaska Department of Fish and Game 

sets the commercial GHL for the DSR 

fishery after deducting (1) estimates of 

DSR incidental catch in all fisheries 

(including halibut and subsistence); and 

(2) the allocation to the DSR sport fish 

fishery. In 2020, the commercial fishery 

for DSR was closed due to concerns 

about declining DSR biomass. 

The FMP authorizes the Council to 

exempt specific gear from the halibut 

PSC limits. NMFS, after consultation 

with the Council, proposes to exempt 

pot gear, jig gear, and the sablefish IFQ 

hook-and-line gear fishery categories 

from the non-trawl halibut PSC limit for 

2021 and 2022. The Council 

recommended, and NMFS is proposing, 

these exemptions because (1) pot gear 

fisheries have low annual halibut 

bycatch mortality; (2) IFQ program 

regulations prohibit discard of halibut if 

any halibut IFQ permit holder on board 

a CV holds unused halibut IFQ for that 

vessel category and the IFQ regulatory 

area in which the vessel is operating 

(§ 679.7(f)(11)); (3) some sablefish IFQ 

permit holders hold halibut IFQ permits 

and are therefore required to retain the 

halibut they catch while fishing 

sablefish IFQ; and (4) NMFS estimates 

negligible halibut mortality for the jig 

gear fisheries given the small amount of 

groundfish harvested by jig gear, the 

selective nature of jig gear, and the high 

survival rates of halibut caught and 

released with jig gear. 

The best available information on 

estimated halibut bycatch consists of 

data collected by fisheries observers 

during 2020. The calculated halibut 

bycatch mortality through October 24, 

2020 is 756 mt for trawl gear and 2 mt 

for hook-and-line gear, for a total halibut 

mortality of 758 mt. This halibut 

mortality was calculated using 

groundfish and IFQ halibut catch data 

from the NMFS Alaska Region’s catch 

accounting system. This accounting 

system contains historical and recent 

catch information compiled from each 

Alaska groundfish and IFQ halibut 

fishery. 

Section 679.21(d)(4)(i) and (ii) 

authorizes NMFS to seasonally 

apportion the halibut PSC limits after 

consultation with the Council. The FMP 

and regulations require that the Council 

and NMFS consider the following 

information in seasonally apportioning 

halibut PSC limits: (1) Seasonal 

distribution of halibut, (2) seasonal 

distribution of target groundfish species 

relative to halibut distribution, (3) 

expected halibut bycatch needs on a 

seasonal basis relative to changes in 

halibut biomass and expected catch of 

target groundfish species, (4) expected 

bycatch rates on a seasonal basis, (5) 

expected changes in directed groundfish 

fishing seasons, (6) expected actual start 

of fishing effort, and (7) economic 

effects of establishing seasonal halibut 

allocations on segments of the target 

groundfish industry. Based on public 

comment, information presented in the 

2019 SAFE report, NMFS catch data, 

State catch data, or International Pacific 

Halibut Commission (IPHC) stock 

assessment and mortality data, the 

Council may recommend or NMFS may 

make changes to the seasonal, gear-type, 

or fishery category apportionments of 

halibut PSC limits for the final 2021 and 

2022 harvest specifications pursuant to 

§ 679.21(d)(1) and (d)(4). 

The final 2020 and 2021 harvest 

specifications (85 FR 13802, March 10, 

2020) summarized the Council’s and 

NMFS’s findings for these FMP and 

regulatory considerations with respect 

to halibut PSC limits. The Council’s and 

NMFS’s proposed findings for these 

proposed 2021 and 2022 harvest 

specifications are unchanged from the 

final 2020 and 2021 harvest 

specifications. Table 9 lists the 

proposed 2021 and 2022 Pacific halibut 

PSC limits, allowances, and 

apportionments. The halibut PSC limits 

in these tables reflect the halibut PSC 

limits set forth at § 679.21(d)(2) and (3). 

Section 679.21(d)(4)(iii) and (iv) 

specifies that any underages or overages 

of a seasonal apportionment of a halibut 

PSC limit will be added to or deducted 

from the next respective seasonal 

apportionment within the fishing year. 


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TABLE 9—PROPOSED 2021 AND 2022 PACIFIC HALIBUT PSC LIMITS, ALLOWANCES, AND APPORTIONMENTS

[Values are in metric tons] 

Trawl gear Hook-and-line gear 1

Season Percent Amount 

Other than DSR DSR 

Season Percent Amount Season Amount 

January 20–April 1 .............. 30.5 519 January 1–June 10 ............ 86 221 January 1–December 

31.

9 

April 1–July 1 ...................... 20 341 June 10–September 1 ........ 2 5 

July 1–August 1 .................. 27 462 September 1–December 31 12 31 

August 1–October 1 ............ 7.5 128 

October 1–December 31 .... 15 256 

Total ............................. ................ 1,706 ............................................. ................ 257 .................................... 9 

1The Pacific halibut prohibited species catch (PSC) limit for hook-and-line gear is allocated to the demersal shelf rockfish (DSR) fishery in the 

SEO District and to hook-and-line fisheries other than the DSR fishery. The Council recommended and NMFS proposes that the hook-and-line 

sablefish fishery, and the pot and jig gear groundfish fisheries, be exempt from halibut PSC limits. 

Section 679.21(d)(3)(ii) authorizes 

further apportionment of the trawl 

halibut PSC limit as bycatch allowances 

to trawl fishery categories listed in 

§ 679.21(d)(3)(iii). The annual 

apportionments are based on each 

category’s share of the anticipated 

halibut bycatch mortality during a 

fishing year and optimization of the 

total amount of groundfish harvest 

under the halibut PSC limit. The fishery 

categories for the trawl halibut PSC 

limits are (1) a deep-water species 

fishery, composed of sablefish, rockfish, 

deep-water flatfish, rex sole, and 

arrowtooth flounder; and (2) a shallowwater species fishery, composed of 

pollock, Pacific cod, shallow-water 

flatfish, flathead sole, Atka mackerel, 

skates, and ‘‘other species’’ (sharks and 

octopuses) (§ 679.21(d)(3)(iii)). Halibut 

mortality incurred while directed 

fishing for skates with trawl gear 

accrues towards the shallow-water 

species fishery halibut PSC limit (69 FR 

26320, May 12, 2004). 

NMFS will combine available trawl 

halibut PSC limit apportionments in 

part of the second season deep-water 

and shallow-water species fisheries for 

use in either fishery from May 15 

through June 30 (§ 679.21(d)(4)(iii)(D)). 

This is intended to maintain groundfish 

harvest while minimizing halibut 

bycatch by these sectors to the extent 

practicable. This provides the trawl gear 

deep-water and shallow-water species 

fisheries additional flexibility and the 

incentive to participate in fisheries at 

times of the year that may have lower 

halibut PSC rates relative to other times 

of the year. 

Table 10 lists the proposed 2021 and 

2022 seasonal apportionments of trawl 

halibut PSC limits between the trawl 

gear deep-water and the shallow-water 

species fisheries. 

Table 28d to 50 CFR part 679 specifies 

the amount of the trawl halibut PSC 

limit that is assigned to the CV and CP 

sectors that are participating in the 

Central GOA Rockfish Program. This 

includes 117 mt of halibut PSC limit to 

the CV sector and 74 mt of halibut PSC 

limit to the CP sector. These amounts 

are allocated from the trawl deep-water 

species fishery’s halibut PSC third 

seasonal apportionment. After the 

combined CV and CP halibut PSC limit 

allocation of 191 mt to the Rockfish 

Program, 150 mt remains for the trawl 

deep-water species fishery’s halibut PSC 

third seasonal apportionment. 

Section 679.21(d)(4)(iii)(B) limits the 

amount of the halibut PSC limit 

allocated to Rockfish Program 

participants that could be reapportioned to the general GOA trawl 

fisheries for the last seasonal 

apportionment during the current 

fishing year to no more than 55 percent 

of the unused annual halibut PSC limit 

apportioned to Rockfish Program 

participants. The remainder of the 

unused Rockfish Program halibut PSC 

limit is unavailable for use by any 

person for the remainder of the fishing 

year (§ 679.21(d)(4)(iii)(C)). 

TABLE 10—PROPOSED 2021 AND 2022 APPORTIONMENT OF THE PACIFIC HALIBUT PSC LIMITS BETWEEN THE TRAWL

GEAR SHALLOW-WATER AND DEEP-WATER SPECIES FISHERY CATEGORIES

[Values are in metric tons] 

Season Shallow-water Deep-water 1 Total 

January 20–April 1 ....................................................................................................................... 384 135 519 

April 1–July 1 ............................................................................................................................... 85 256 341 

July 1–August 1 ........................................................................................................................... 121 341 462 

August 1–October 1 ..................................................................................................................... 53 75 128 

Subtotal, January 20–October 1 .................................................................................................. 643 807 1,450 

October 1–December 31 2 ........................................................................................................... ........................ ........................ 256 

Total ...................................................................................................................................... ........................ ........................ 1,706 

1Vessels participating in cooperatives in the Rockfish Program will receive 191 mt of the third season (July 1 through August 1) deep-water 

species fishery halibut PSC apportionment. 2There is no apportionment between trawl shallow-water and deep-water species fisheries during the fifth season (October 1 through December 31). 


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Section 679.21(d)(2)(i)(B) requires that 

the ‘‘other hook-and-line fishery’’ 

halibut PSC limit apportionment to 

vessels using hook-and-line gear must 

be apportioned between CVs and CPs in 

accordance with § 679.21(d)(2)(iii) in 

conjunction with these harvest 

specifications. A comprehensive 

description and example of the 

calculations necessary to apportion the 

‘‘other hook-and-line fishery’’ halibut 

PSC limit between the hook-and-line CV 

and CP sectors were included in the 

proposed rule to implement 

Amendment 83 to the FMP (76 FR 

44700, July 26, 2011) and are not 

repeated here. 

Pursuant to § 679.21(d)(2)(iii), the 

hook-and-line halibut PSC limit for the 

‘‘other hook-and-line fishery’’ is 

apportioned between the CV and CP 

sectors in proportion to the total 

Western and Central GOA Pacific cod 

allocations, which vary annually based 

on the proportion of the Pacific cod 

biomass between the Western, Central, 

and Eastern GOA. Pacific cod is 

apportioned among these three 

management areas based on the 

percentage of overall biomass per area, 

as calculated in the 2019 Pacific cod 

stock assessment. Updated information 

in the final 2019 SAFE report describes 

this distributional calculation, which 

allocates ABC among GOA regulatory 

areas on the basis of the three most 

recent stock surveys. For 2021 and 2022, 

the distribution of the total GOA Pacific 

cod ABC is 32 percent to the Western 

GOA, 59 percent to the Central GOA, 

and 9 percent to the Eastern GOA. 

Therefore, the calculations made in 

accordance with § 679.21(d)(2)(iii) 

incorporate the most recent information 

on GOA Pacific cod distribution with 

respect to establishing the annual 

halibut PSC limits for the CV and CP 

hook-and-line sectors. Additionally, the 

annual halibut PSC limits for both the 

CV and CP sectors of the ‘‘other hookand-line fishery’’ are divided into three 

seasonal apportionments, using seasonal 

percentages of 86 percent, 2 percent, 

and 12 percent. 

For 2021 and 2022, NMFS proposes 

annual halibut PSC limits of 144 mt and 

113 mt to the hook-and-line CV and 

hook-and-line CP sectors, respectively. 

Table 11 lists the proposed 2021 and 

2022 apportionments of halibut PSC 

limits between the hook-and-line CV 

and the hook-and-line CP sectors of the 

‘‘other hook-and-line fishery.’’ 

No later than November 1 of each 

year, NMFS will calculate the projected 

unused amount of halibut PSC limit by 

either of the CV or CP hook-and-line 

sectors of the ‘‘other hook-and-line 

fishery’’ for the remainder of the year. 

The projected unused amount of halibut 

PSC limit is made available to the other 

hook-and-line sector for the remainder 

of that fishing year 

(§ 679.21(d)(2)(iii)(C)), if NMFS 

determines that an additional amount of 

halibut PSC is necessary for that sector 

to continue its directed fishing 

operations. 

TABLE 11—PROPOSED 2021 AND 2022 APPORTIONMENTS OF THE ‘‘OTHER HOOK-AND-LINE FISHERIES’’ ANNUAL HALIBUT

PSC ALLOWANCE BETWEEN THE HOOK-AND-LINE GEAR CATCHER VESSEL AND CATCHER/PROCESSOR SECTORS

[Values are in metric tons] 

‘‘Other than DSR’’ allowance Hook-and-line sector Sector annual 

amount Season Seasonal percentage 

Sector 

seasonal 

amount 

257 ......................................... Catcher Vessel ..................... 144 January 1–June 10 ...............

June 10–September 1 ..........

September 1–December 31

86 

2 

12 

124 

3 

17 

Catcher/Processor ................ 113 January 1–June 10 ...............

June 10–September 1 ..........

September 1–December 31

86 

2 

12 

97 

2 

14 

Halibut Discard Mortality Rates 

To monitor halibut bycatch mortality 

allowances and apportionments, the 

Regional Administrator uses observed 

halibut incidental catch rates, halibut 

discard mortality rates (DMRs), and 

estimates of groundfish catch to project 

when a fishery’s halibut bycatch 

mortality allowance or seasonal 

apportionment is reached. Halibut 

incidental catch rates are based on 

observers’ estimates of halibut 

incidental catch in the groundfish 

fishery. DMRs are estimates of the 

proportion of incidentally caught 

halibut that do not survive after being 

returned to the sea. The cumulative 

halibut mortality that accrues to a 

particular halibut PSC limit is the 

product of a DMR multiplied by the 

estimated halibut PSC. DMRs are 

estimated using the best scientific 

information available in conjunction 

with the annual GOA stock assessment 

process. The DMR methodology and 

findings are included as an appendix to 

the annual GOA groundfish SAFE 

report. 

In 2016, the DMR estimation 

methodology underwent revisions per 

the Council’s directive. An interagency 

halibut working group (IPHC, Council, 

and NMFS staff) developed improved 

estimation methods that have 

undergone review by the Plan Team, the 

SSC, and the Council. A summary of the 

revised methodology is contained in the 

GOA proposed 2017 and 2018 harvest 

specifications (81 FR 87881, December 

6, 2016), and the comprehensive 

discussion of the working group’s 

statistical methodology is available from 

the Council (see ADDRESSES). The DMR 

working group’s revised methodology is 

intended to improve estimation 

accuracy, transparency, and 

transferability for calculating DMRs. 

The working group will continue to 

consider improvements to the 

methodology used to calculate halibut 

mortality, including potential changes 

to the reference period (the period of 

data used for calculating the DMRs). 

Future DMRs may change based on 

additional years of observer sampling, 

which could provide more recent and 

accurate data and which could improve 

the accuracy of estimation and progress 

on methodology. The methodology will 

continue to ensure that NMFS is using 

DMRs that more accurately reflect 

halibut mortality, which will inform the 

different sectors of their estimated 

halibut mortality and allow specific 

sectors to respond with methods that 

could reduce mortality and, eventually, 

the DMR for that sector. 

In October 2020, the Council 

recommended halibut DMRs derived 

from the revised methodology for the 

proposed 2021 and 2022 DMRs. The 

proposed 2021 and 2022 DMRs use an 

updated two-year reference period. 

Comparing the proposed 2021 and 2022 

DMRs to the final DMRs from the final 

2020 and 2021 harvest specifications, 

the proposed DMR for Rockfish Program 

CVs using non-pelagic trawl gear 


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78090 Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Proposed Rules 

increased to 60 percent from 52 percent, 

the proposed DMR for non-Rockfish 

Program C/Vs using non-pelagic trawl 

gear increased to 69 percent from 68 

percent, the proposed DMR for CPs and 

motherships using non-pelagic trawl 

gear increased to 84 percent from 75 

percent, the proposed DMR for CPs 

using hook-and-line gear increased to 15 

percent from 11 percent, and the 

proposed DMR for CPs and CVs using 

pot gear increased to 10 percent from 0 

percent. Table 12 lists the proposed 

2021 and 2022 DMRs. 

TABLE 12—PROPOSED 2021 AND 2022 DISCARD MORTALITY RATES FOR VESSELS FISHING IN THE GULF OF ALASKA

[Values are percent of halibut assumed to be dead] 

Gear Sector Groundfish fishery 

Halibut discard 

mortality rate 

(percent) 

Pelagic trawl ............................ Catcher vessel ......................................................................... All ............................................ 100 

Catcher/processor .................................................................... All ............................................ 100 

Non-pelagic trawl ..................... Catcher vessel ......................................................................... Rockfish Program ................... 60 

Catcher vessel ......................................................................... All others ................................. 69 

Mothership and catcher/processor ........................................... All ............................................ 84 

Hook-and-line .......................... Catcher/processor .................................................................... All ............................................ 15 

Catcher vessel ......................................................................... All ............................................ 13 

Pot ........................................... Catcher vessel and catcher/processor .................................... All ............................................ 10 

Chinook Salmon Prohibited Species 

Catch Limits 

Section 679.21(h)(2) establishes 

separate Chinook salmon PSC limits in 

the Western and Central regulatory areas 

of the GOA in the trawl pollock directed 

fishery. These limits require that NMFS 

close directed fishing for pollock in the 

Western and Central GOA if the 

applicable Chinook salmon PSC limit is 

reached (§ 679.21(h)(8)). The annual 

Chinook salmon PSC limits in the trawl 

pollock directed fishery of 6,684 salmon 

in the Western GOA and 18,316 salmon 

in the Central GOA are set in 

§ 679.21(h)(2)(i) and (ii). 

Section 679.21(h)(3) established an 

initial annual PSC limit of 7,500 

Chinook salmon for the non-pollock 

groundfish trawl fisheries in the 

Western and Central GOA. This limit is 

apportioned among three sectors 

directed fishing for groundfish species 

other than pollock: 3,600 Chinook 

salmon to trawl CPs; 1,200 Chinook 

salmon to trawl CVs participating in the 

Rockfish Program; and 2,700 Chinook 

salmon to trawl CVs not participating in 

the Rockfish Program (§ 679.21(h)(4)). 

NMFS will monitor the Chinook salmon 

PSC in the trawl non-pollock GOA 

groundfish fisheries and close an 

applicable sector if it reaches its 

Chinook salmon PSC limit. 

The Chinook salmon PSC limit for 

two sectors, trawl CPs and trawl CVs not 

participating in the Rockfish Program, 

may be increased in subsequent years 

based on the performance of these two 

sectors and their ability to minimize 

their use of their respective Chinook 

salmon PSC limits. If either or both of 

these two sectors limit its use of 

Chinook salmon PSC to a certain 

threshold amount in 2020 (3,120 for 

trawl CPs and 2,340 for non-Rockfish 

Program trawl CVs), that sector will 

receive an increase to its 2021 Chinook 

salmon PSC limit (4,080 for trawl CPs 

and 3,060 for non-Rockfish Program 

trawl CVs) (§ 679.21(h)(4)). NMFS will 

evaluate the annual Chinook salmon 

PSC by trawl CPs and non-Rockfish 

Program trawl CVs when the 2020 

fishing year is complete to determine 

whether to increase the Chinook salmon 

PSC limits for these two sectors. Based 

on preliminary 2020 Chinook salmon 

PSC data, the trawl CP sector may 

receive an incremental increase of 

Chinook salmon PSC limit in 2021, and 

the non-Rockfish Program trawl CV 

sector may receive an incremental 

increase of Chinook salmon PSC limit in 

2021. This evaluation will be completed 

in conjunction with the final 2021 and 

2022 harvest specifications. 

American Fisheries Act (AFA) Catcher/ 

Processor and Catcher Vessel 

Groundfish Harvest and PSC Limits 

Section 679.64 establishes groundfish 

harvesting and processing sideboard 

limits on AFA CPs and CVs in the GOA. 

These sideboard limits are necessary to 

protect the interests of fishermen and 

processors who do not directly benefit 

from the AFA from those fishermen and 

processors who receive exclusive 

harvesting and processing privileges 

under the AFA. Section 679.7(k)(1)(ii) 

prohibits listed AFA CPs and CPs 

designated on a listed AFA CP permit 

from harvesting any species of fish in 

the GOA. Additionally, § 679.7(k)(1)(iv) 

prohibits listed AFA CPs and CPs 

designated on a listed AFA CP permit 

from processing any pollock harvested 

in a directed pollock fishery in the GOA 

and any groundfish harvested in 

Statistical Area 630 of the GOA. 

AFA CVs that are less than 125 feet 

(38.1 meters) length overall, have 

annual landings of pollock in the Bering 

Sea and Aleutian Islands of less than 

5,100 mt, and have made at least 40 

landings of GOA groundfish from 1995 

through 1997 are exempt from GOA CV 

groundfish sideboard limits under 

§ 679.64(b)(2)(ii). Sideboard limits for 

non-exempt AFA CVs in the GOA are 

based on their traditional harvest levels 

of TAC in groundfish fisheries covered 

by the FMP. Section 679.64(b)(3)(iv) 

establishes the CV groundfish sideboard 

limits in the GOA based on the 

aggregate retained catch by non-exempt 

AFA CVs of each sideboard species from 

1995 through 1997 divided by the TAC 

for that species over the same period. 

NMFS published a final rule (84 FR 

2723, February 8, 2019) that 

implemented regulations to prohibit 

non-exempt AFA CVs from directed 

fishing for specific groundfish species or 

species groups subject to sideboard 

limits (§ 679.20(d)(1)(iv)(D) and Table 

56 to 50 CFR part 679). Sideboard limits 

not subject to the final rule continue to 

be calculated and included in the GOA 

annual harvest specifications. 

Table 13 lists the proposed 2021 and 

2022 groundfish sideboard limits for 

non-exempt AFA CVs. NMFS will 

deduct all targeted or incidental catch of 

sideboard species made by non-exempt 

AFA CVs from the sideboard limits 

listed in Table 13. 


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TABLE 13—PROPOSED 2021 AND 2022 GOA NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL (CV) 

GROUNDFISH SIDEBOARD LIMITS

[Values are rounded to the nearest metric ton] 

Species Apportionments by season/gear Area/component 

Ratio of 1995– 

1997 non-exempt AFA CV 

catch to 1995– 

1997 TAC 

Proposed 

2021 and 

2022 TACs 3

Proposed 

2021 and 

2022 non-exempt AFA CV 

sideboard limit 

Pollock ....................... A Season; January 20–May 31 .................... Shumagin (610) ........

Chirikof (620) ............

Kodiak (630) .............

0.6047 

0.1167 

0.2028 

1,067 

42,260 

8,354 

645 

4,932 

1,694 

B Season; September 1–November 1 ......... Shumagin (610) ........

Chirikof (620) ............

Kodiak (630) .............

0.6047 

0.1167 

0.2028 

18,708 

13,899 

19,074 

11,313 

1,622 

3,868 

Annual .......................................................... WYK (640) ................

SEO (650) .................

0.3495 

0.3495 

5,728 

10,148 

2,002 

3,547 

Pacific cod ................. A Season 1; January 1–June 10 .................. W ...............................

C ...............................

0.1331 

0.0692 

1,323 

2,440 

176 

169 

B Season 2; September 1–December 31 ..... W ...............................

C ...............................

0.1331 

0.0692 

753 

1,366 

100 

95 

Flatfish, shallow-water Annual .......................................................... W ...............................

C ...............................

0.0156 

0.0587 

13,250 

28,205 

207 

1,656 

Flatfish, deep-water ... Annual .......................................................... C ...............................

E ................................

0.0647 

0.0128 

1,914 

3,787 

124 

48 

Rex sole .................... Annual .......................................................... C ............................... 0.0384 8,912 342 

Arrowtooth flounder ... Annual .......................................................... C ............................... 0.0280 66,683 1,867 

Flathead sole ............. Annual .......................................................... C ............................... 0.0213 15,400 328 

Pacific ocean perch ... Annual .......................................................... C ...............................

E ................................

0.0748 

0.0466 

22,727 

5,877 

1,700 

274 

Northern rockfish ....... Annual .......................................................... C ............................... 0.0277 3,027 84 

1The Pacific cod A season for trawl gear does not open until January 20. 

2The Pacific cod B season for trawl gear closes November 1. 

3The Western and Central GOA and WYK District area apportionments of pollock are considered ACLs. 

Non-Exempt AFA Catcher Vessel 

Halibut PSC Limits 

The halibut PSC sideboard limits for 

non-exempt AFA CVs in the GOA are 

based on the aggregate retained 

groundfish catch by non-exempt AFA 

CVs in each PSC target category from 

1995 through 1997 divided by the 

retained catch of all vessels in that 

fishery from 1995 through 1997 

(§ 679.64(b)(4)(ii)). Table 14 lists the 

proposed 2021 and 2022 non-exempt 

AFA CV halibut PSC limits for vessels 

using trawl gear in the GOA. 

TABLE 14—PROPOSED 2021 AND 2022 NON-EXEMPT AFA CV HALIBUT PSC SIDEBOARD LIMITS FOR VESSELS USING

TRAWL GEAR IN THE GOA 

[PSC limits are rounded to the nearest metric ton] 

Season Season dates Fishery 

category 

Ratio of 1995– 

1997 nonexempt AFA 

CV retained 

catch to total 

retained catch 

Proposed 

2021 and 

2022 PSC limit 

Proposed 

2021 and 

2022 nonexempt AFA 

CV PSC limit 

1 .......................... January 20–April 1 ......................... shallow-water .................................

deep-water .....................................

0.340 

0.070 

384 

135 

131 

9 

2 .......................... April 1–July 1 ................................. shallow-water .................................

deep-water .....................................

0.340 

0.070 

85 

256 

29 

18 

3 .......................... July 1–August 1 ............................. shallow-water .................................

deep-water .....................................

0.340 

0.070 

121 

341 

41 

24 

4 .......................... August 1–October 1 ....................... shallow-water .................................

deep-water .....................................

0.340 

0.070 

53 

75 

18 

5 

5 .......................... October 1–December 31 ............... all targets ....................................... 0.205 256 52 

Annual Total shallow-water ........................ ........................ ........................ 219 

........................................................ Total deep-water ............................ ........................ ........................ 56 

........................................................ Grand Total, all seasons and categories 1,706 328 


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78092 Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Proposed Rules 

Non-AFA Crab Vessel Groundfish 

Harvest Limitations 

Section 680.22 establishes groundfish 

sideboard limits for vessels with a 

history of participation in the Bering 

Sea snow crab fishery to prevent these 

vessels from using the increased 

flexibility provided by the Crab 

Rationalization (CR) Program to expand 

their level of participation in the GOA 

groundfish fisheries. Sideboard harvest 

limits restrict these vessels’ catch to 

their collective historical landings in 

each GOA groundfish fishery (except 

the fixed-gear sablefish fishery). 

Sideboard limits also apply to landings 

made using an LLP license derived from 

the history of a restricted vessel, even if 

that LLP license is used on another 

vessel. 

The basis for these sideboard harvest 

limits is described in detail in the final 

rules implementing the major 

provisions of the CR Program, including 

Amendments 18 and 19 to the Fishery 

Management Plan for Bering Sea/ 

Aleutian Islands King and Tanner Crabs 

(Crab FMP) (70 FR 10174, March 2, 

2005), Amendment 34 to the Crab FMP 

(76 FR 35772, June 20, 2011), 

Amendment 83 to the GOA FMP (76 FR 

74670, December 1, 2011), and 

Amendment 45 to the Crab FMP (80 FR 

28539, May 19, 2015). Also, NMFS 

published a final rule (84 FR 2723, 

February 8, 2019) that implemented 

regulations to prohibit non-AFA crab 

vessels from directed fishing for all 

groundfish species or species groups 

subject to sideboard limits, except for 

Pacific cod apportioned to CVs using 

pot gear in the Western and Central 

Regulatory Areas (§ 680.22(e)(1)(iii)). 

Accordingly, the GOA annual harvest 

specifications will include only the nonAFA crab vessel groundfish sideboard 

limits for Pacific cod apportioned to 

CVs using pot gear in the Western and 

Central Regulatory Areas. 

Table 15 lists the proposed 2021 and 

2022 groundfish sideboard limits for 

non-AFA crab vessel. All targeted or 

incidental catch of sideboard species 

made by non-AFA crab vessels or 

associated LLP licenses will be 

deducted from these sideboard limits. 

TABLE 15—PROPOSED 2021 AND 2022 GOA NON-AMERICAN FISHERIES ACT CRAB VESSEL GROUNDFISH SIDEBOARD

LIMITS

[Values are rounded to the nearest metric ton] 

Species Season/gear Area/component/ 

gear 

Ratio of 1996– 

2000 non-AFA 

crab vessel 

catch to 1996– 

2000 total 

harvest 

Proposed 

2021 and 

2022 TACs 

Proposed 

2021 and 

2022 non-AFA 

crab vessel 

sideboard limit 

Pacific cod ............................. A Season; January 1–June 

10.

Western Pot CV ....................

Central Pot CV .....................

0.0997 

0.0474 

1,323 

2,440 

132 

116 

B Season; September 1–December 31.Western Pot CV ....................

Central Pot CV .....................

0.0997 

0.0474 

753 

1,366 

75 

65 

Rockfish Program Groundfish Sideboard 

and Halibut PSC Limitations 

The Rockfish Program establishes 

three classes of sideboard provisions: 

CV groundfish sideboard restrictions, 

CP rockfish sideboard restrictions, and 

CP opt-out vessel sideboard restrictions 

(§ 679.82(c)(1)). These sideboards are 

intended to limit the ability of rockfish 

harvesters to expand into other 

fisheries. 

CVs participating in the Rockfish 

Program may not participate in directed 

fishing for dusky rockfish, Pacific ocean 

perch, and northern rockfish in the 

Western GOA and West Yakutat District 

from July 1 through July 31. Also, CVs 

may not participate in directed fishing 

for arrowtooth flounder, deep-water 

flatfish, and rex sole in the GOA from 

July 1 through July 31 (§ 679.82(d)). 

CPs participating in Rockfish Program 

cooperatives are restricted by rockfish 

and halibut PSC sideboard limits. These 

CPs are prohibited from directed fishing 

for dusky rockfish, Pacific ocean perch, 

and northern rockfish in the Western 

GOA and West Yakutat District from 

July 1 through July 31 (§ 679.82(e)(2)). 

Holders of CP-designated LLP licenses 

that opt out of participating in a 

Rockfish Program cooperative will be 

able to access that portion of each 

rockfish sideboard limits that is not 

assigned to Rockfish Program 

cooperatives (§ 679.82(e)(7)). The 

sideboard ratio for each rockfish fishery 

in the Western GOA and West Yakutat 

District is set forth in § 679.82(e)(4). 

Table 16 lists the proposed 2021 and 

2022 Rockfish Program CP rockfish 

sideboard limits in the Western GOA 

and West Yakutat District. Due to 

confidentiality requirements associated 

with fisheries data, the sideboard limits 

for the West Yakutat District are not 

displayed. 

TABLE 16—PROPOSED 2021 AND 2022 ROCKFISH PROGRAM SIDEBOARD LIMITS FOR THE WESTERN GOA AND WEST

YAKUTAT DISTRICT BY FISHERY FOR THE CATCHER/PROCESSOR (CP) SECTOR

[Values are rounded to the nearest metric ton] 

Area Fishery CP sector 

(% of TAC) 

Proposed 

2021 and 

2022 TACs 

Proposed 2021 and 2022 CP 

sideboard limit 

Western GOA ......................... Dusky rockfish ....................... 72.3 ........................................ 759 549 

Pacific ocean perch ............... 50.6 ........................................ 1,379 698 

Northern rockfish ................... 74.3 ........................................ 1,079 802 

West Yakutat District .............. Dusky rockfish ....................... Confidential 1 .......................... 113 Confidential 1

Pacific ocean perch ............... Confidential 1 .......................... 1,410 Confidential 1

1 Not released due to confidentiality requirements associated with fish ticket data, as established by NMFS and the State of Alaska. 


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Under the Rockfish Program, the CP 

sector is subject to halibut PSC 

sideboard limits for the trawl deepwater and shallow-water species 

fisheries from July 1 through July 31 

(§ 679.82(e)(3) and (e)(5)). Halibut PSC 

sideboard ratios by fishery are set forth 

in § 679.82(e)(5). No halibut PSC 

sideboard limits apply to the CV sector, 

as vessels participating in a rockfish 

cooperative receive a portion of the 

annual halibut PSC limit. CPs that opt 

out of the Rockfish Program would be 

able to access that portion of the deepwater and shallow-water halibut PSC 

sideboard limit not assigned to CP 

rockfish cooperatives. The sideboard 

provisions for CPs that elect to opt out 

of participating in a rockfish cooperative 

are described in § 679.82(c), (e), and (f). 

Sideboard limits are linked to the catch 

history of specific vessels that may 

choose to opt out. After March 1, NMFS 

will determine which CPs have optedout of the Rockfish Program in 2021, 

and will know the ratios and amounts 

used to calculate opt-out sideboard 

ratios. NMFS will then calculate any 

applicable opt-out sideboard limits for 

2021 and post these limits on the Alaska 

Region website at https://

www.fisheries.noaa.gov/alaska/ 

sustainable-fisheries/alaska-fisheriesmanagement-reports#central-goarockfish. Table 17 lists the proposed 

2021 and 2022 Rockfish Program halibut 

PSC sideboard limits for the CP sector. 

TABLE 17—PROPOSED 2021 AND 2022 ROCKFISH PROGRAM HALIBUT PSC SIDEBOARD LIMITS FOR THE CATCHER/ 

PROCESSOR SECTOR

[Values are rounded to the nearest metric ton] 

Sector 

Shallow-water 

species fishery 

halibut PSC 

sideboard ratio 

(percent) 

Deep-water 

species fishery 

halibut PSC 

sideboard ratio 

(percent) 

Annual halibut 

PSC limit 

(mt) 

Annual 

shallow-water 

species fishery 

halibut PSC 

sideboard limit 

(mt) 

Annual 

deep-water 

species fishery 

halibut PSC 

sideboard limit 

(mt) 

Catcher/processor ................................................................ 0.10 2.50 1,706 2 43 

Amendment 80 Program Groundfish 

and PSC Sideboard Limits 

Amendment 80 to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (Amendment 80 

Program) established a limited access 

privilege program for the non-AFA trawl 

CP sector. The Amendment 80 Program 

established groundfish and halibut PSC 

limits for Amendment 80 Program 

participants to limit the ability of 

participants eligible for the Amendment 

80 Program to expand their harvest 

efforts in the GOA. 

Section 679.92 establishes groundfish 

harvesting sideboard limits on all 

Amendment 80 Program vessels, other 

than the F/V Golden Fleece, to amounts 

no greater than the limits shown in 

Table 37 to 50 CFR part 679. Under 

§ 679.92(d), the F/V Golden Fleece is 

prohibited from directed fishing for 

pollock, Pacific cod, Pacific ocean 

perch, dusky rockfish, and northern 

rockfish in the GOA. 

Groundfish sideboard limits for 

Amendment 80 Program vessels 

operating in the GOA are based on their 

average aggregate harvests from 1998 

through 2004 (72 FR 52668, September 

14, 2007). Table 18 lists the proposed 

2021 and 2022 groundfish sideboard 

limits for Amendment 80 Program 

vessels. NMFS will deduct all targeted 

or incidental catch of sideboard species 

made by Amendment 80 Program 

vessels from the sideboard limits in 

Table 18. 

TABLE 18—PROPOSED 2021 AND 2022 GOA GROUNDFISH SIDEBOARD LIMITS FOR AMENDMENT 80 PROGRAM VESSELS

[Values are rounded to the nearest metric ton] 

Species Season Area 

Ratio of 

amendment 80 

sector vessels 

1998–2004 

catch to TAC 

Proposed 

2021 and 

2022 TAC 

(mt) 

Proposed 

2021 and 

2022 

Amendment 

80 vessel 

sideboard 

limits 

(mt) 

Pollock .............................................. A Season; January 20–May 31 ................... Shumagin (610) ....................

Chirikof (620) ........................

Kodiak (630) .........................

0.003 

0.002 

0.002 

1,067 

42,260 

8,354 

3 

85 

17 

B Season; September 1–November 1 ........ Shumagin (610) ....................

Chirikof (620) ........................

Kodiak (630) .........................

0.003 

0.002 

0.002 

18,708 

13,899 

19,074 

56 

28 

38 

Annual .......................................................... WYK (640) ............................ 0.002 5,728 11 

Pacific cod ........................................ A Season 1; January 1–June 10 .................. W ..........................................

C ...........................................

0.020 

0.044 

1,323 

2,440 

26 

107 

B Season 2; September 1–December 31 .... W ..........................................

C ...........................................

0.020 

0.044 

753 

1,366 

15 

60 

Annual .......................................................... WYK ..................................... 0.034 549 19 

Pacific ocean perch ......................... Annual .......................................................... W ..........................................

WYK .....................................

0.994 

0.961 

1,379 

1,410 

1,371 

1,355 

Northern rockfish .............................. Annual .......................................................... W .......................................... 1.000 1,079 1,079 

Dusky rockfish .................................. Annual .......................................................... W ..........................................

WYK .....................................

0.764 

0.896 

759 

113 

580 

101 

1The Pacific cod A season for trawl gear does not open until January 20. 

2The Pacific cod B season for trawl gear closes November 1. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
78094 Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Proposed Rules 

The halibut PSC sideboard limits for 

Amendment 80 Program vessels in the 

GOA are based on the historical use of 

halibut PSC by Amendment 80 Program 

vessels in each PSC target category from 

1998 through 2004. These values are 

slightly lower than the average 

historical use to accommodate two 

factors: allocation of halibut PSC 

cooperative quota under the Rockfish 

Program and the exemption of the F/V 

Golden Fleece from this restriction 

(§ 679.92(b)(2)). Table 19 lists the 

proposed 2021 and 2022 halibut PSC 

sideboard limits for Amendment 80 

Program vessels. These tables 

incorporate the maximum percentages 

of the halibut PSC sideboard limits that 

may be used by Amendment 80 Program 

vessels as contained in Table 38 to 50 

CFR part 679. Any residual amount of 

a seasonal Amendment 80 halibut PSC 

sideboard limit may carry forward to the 

next season limit (§ 679.92(b)(2)). 

TABLE 19—PROPOSED 2021 AND 2022 HALIBUT PSC SIDEBOARD LIMITS FOR AMENDMENT 80 PROGRAM VESSELS IN

THE GOA 

[Values are rounded to the nearest metric ton] 

Season Season dates Fishery 

category 

Historic 

Amendment 

80 use of the 

annual halibut 

PSC limit 

(ratio) 

Proposed 

2021 and 

2022 annual 

PSC limit 

(mt) 

Proposed 

2021 and 

2022 

Amendment 

80 vessel 

PSC 

sideboard 

limit 

(mt) 

1 .......................... January 20 –April 1 ........................ shallow-water .................................

deep-water .....................................

0.0048 

0.0115 

1,706 

1,706 

8 

20 

2 .......................... April 1–July 1 ................................. shallow-water .................................

deep-water .....................................

0.0189 

0.1072 

1,706 

1,706 

32 

183 

3 .......................... July 1–August 1 ............................. shallow-water .................................

deep-water .....................................

0.0146 

0.0521 

1,706 

1,706 

25 

89 

4 .......................... August 1–October 1 ....................... shallow-water .................................

deep-water .....................................

0.0074 

0.0014 

1,706 

1,706 

13 

2 

5 .......................... October 1–December 31 ............... shallow-water .................................

deep-water .....................................

0.0227 

0.0371 

1,706 

1,706 

39 

63 

Annual Total shallow-water ........................ ........................ ........................ 117 

Total deep-water ............................ ........................ ........................ 357 

Grand Total, all seasons and categories 474 

Classification 

NMFS has determined that the 

proposed harvest specifications are 

consistent with the FMP and 

preliminarily determined that the 

proposed harvest specifications are 

consistent with the Magnuson-Stevens 

Act and other applicable laws, subject to 

further review after public comment. 

This action is authorized under 50 

CFR 679.20 and is exempt from review 

under Executive Order 12866. 

NMFS prepared an EIS for the Alaska 

groundfish harvest specifications and 

alternative harvest strategies (see 

ADDRESSES) and made it available to the 

public on January 12, 2007 (72 FR 

1512). On February 13, 2007, NMFS 

issued the ROD for the Final EIS. A SIR 

is being prepared for the final 2021 and 

2022 harvest specifications to provide a 

subsequent assessment of the action and 

to address the need to prepare a 

Supplemental EIS (40 CFR 1501.11(b); 

§ 1502.9(d)(1)). Copies of the Final EIS, 

ROD, and annual SIRs for this action are 

available from NMFS (see ADDRESSES). 

The Final EIS analyzes the 

environmental, social, and economic 

consequences of the proposed 

groundfish harvest specifications and 

alternative harvest strategies on 

resources in the action area. Based on 

the analysis in the Final EIS, NMFS 

concluded that the preferred Alternative 

(Alternative 2) provides the best balance 

among relevant environmental, social, 

and economic considerations and 

allows for continued management of the 

groundfish fisheries based on the most 

recent, best scientific information. 

Initial Regulatory Flexibility Analysis 

This Initial Regulatory Flexibility 

Analysis (IRFA) was prepared for this 

proposed rule, as required by Section 

603 of the Regulatory Flexibility Act 

(RFA) (5 U.S.C. 603), to describe the 

economic impact that this proposed 

rule, if adopted, would have on small 

entities. The IRFA describes the action; 

the reasons why this proposed rule is 

proposed; the objectives and legal basis 

for this proposed rule; the estimated 

number and description of directly 

regulated small entities to which this 

proposed rule would apply; the 

recordkeeping, reporting, and other 

compliance requirements of this 

proposed rule; and the relevant Federal 

rules that may duplicate, overlap, or 

conflict with this proposed rule. The 

IRFA also describes significant 

alternatives to this proposed rule that 

would accomplish the stated objectives 

of the Magnuson-Stevens Act, and any 

other applicable statutes, and that 

would minimize any significant 

economic impact of this proposed rule 

on small entities. The description of the 

proposed action, its purpose, and the 

legal basis are explained earlier in the 

preamble and are not repeated here. 

For RFA purposes only, NMFS has 

established a small business size 

standard for businesses, including their 

affiliates, whose primary industry is 

commercial fishing (see 50 CFR 200.2). 

A business primarily engaged in 

commercial fishing (NAICS code 11411) 

is classified as a small business if it is 

independently owned and operated, is 

not dominant in its field of operation 

(including its affiliates), and has 

combined annual receipts not in excess 

of $11 million for all its affiliated 

operations worldwide. A shoreside 

processor primarily involved in seafood 

processing (NAICS code 311710) is 


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Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Proposed Rules 78095 

classified as a small business if it is 

independently owned and operated, is 

not dominant in its field of operation 

(including its affiliates), and has 

combined annual employment, counting 

all individuals employed on a full-time, 

part-time, or other basis, not in excess 

of 750 employees for all its affiliated 

operations worldwide. 

Number and Description of Small 

Entities Regulated by This Proposed 

Rule 

The entities directly regulated by the 

groundfish harvest specifications 

include: a) entities operating vessels 

with groundfish Federal fisheries 

permits (FFPs) catching FMP groundfish 

in Federal waters (including those 

receiving direction allocations of 

groundfish); b) all entities operating 

vessels, regardless of whether they hold 

groundfish FFPs, catching FMP 

groundfish in the state-waters parallel 

fisheries; and c) all entities operating 

vessels fishing for halibut inside three 

miles of the shore (whether or not they 

have FFPs). 

In 2019 (the most recent year of 

complete data), there were 871 

individual CVs and CPs with gross 

revenues less than or equal to $11 

million. This estimate does not account 

for corporate affiliations among vessels, 

and for cooperative affiliations among 

fishing entities, since some of the 

fishing vessels operating in the GOA are 

members of AFA inshore pollock 

cooperatives, GOA rockfish 

cooperatives, or BSAI CR Program 

cooperatives. Vessels that participate in 

these cooperatives are considered to be 

large entities within the meaning of the 

RFA because the aggregate gross receipts 

of all participating members exceed the 

$11 million threshold. After accounting 

for membership in these cooperatives, 

there are an estimated 812 small CV and 

5 small CP entities remaining in the 

GOA groundfish sector. However, the 

estimate of these 817 CVs may be an 

overstatement of the number of small 

entities. This latter group of vessels had 

average gross revenues that varied by 

gear type. Average gross revenues for 

hook-and-line CVs, pot gear CVs, trawl 

gear CVs, and hook-and-line CPs are 

estimated to be $350,000, $780,000, $1.6 

million, and $2.9 million, respectively. 

Description of Significant Alternatives 

That Minimize Adverse Impacts on 

Small Entities 

The action under consideration is the 

proposed 2021 and 2022 harvest 

specifications, apportionments, and 

Pacific halibut prohibited species catch 

limits for the groundfish fishery of the 

GOA. This action is necessary to 

establish harvest limits for groundfish 

during the 2021 and 2022 fishing years 

and is taken in accordance with the 

FMP prepared by the Council pursuant 

to the Magnuson-Stevens Act. The 

establishment of the proposed harvest 

specifications is governed by the 

Council’s harvest strategy to govern the 

catch of groundfish in the GOA. This 

strategy was selected from among five 

alternatives, with the preferred 

alternative harvest strategy being one in 

which the TACs fall within the range of 

ABCs recommended by the SSC. Under 

the preferred harvest strategy, TACs are 

set to a level that falls within the range 

of ABCs recommended by the SSC; the 

sum of the TACs must achieve the OY 

specified in the FMP. While the specific 

numbers that the harvest strategy 

produces may vary from year to year, 

the methodology used for the preferred 

harvest strategy remains constant. 

The TACs associated with preferred 

harvest strategy are those recommended 

by the Council in October 2020. OFLs 

and ABCs for the species were based on 

recommendations prepared by the 

Council’s Plan Team in September 2020, 

and reviewed by the Council’s SSC in 

October 2020. The Council based its 

TAC recommendations on those of its 

AP, which were consistent with the 

SSC’s OFL and ABC recommendations. 

The 2021 TACs in these proposed 2021 

and 2022 harvest specifications are 

unchanged from the 2021 TACs in the 

final 2020 and 2021 harvest 

specifications (85 FR 13802; March 10, 

2020), and the sum of all TACs remains 

within OY for the GOA. 

The proposed 2021 and 2022 OFLs 

and ABCs are based on the best 

available biological information, 

including projected biomass trends, 

information on assumed distribution of 

stock biomass, and revised technical 

methods to calculate stock biomass. The 

proposed 2021 and 2022 TACs are based 

on the best available biological and 

socioeconomic information. The 

proposed 2021 and 2022 OFLs, ABCs, 

and TACs are consistent with the 

biological condition of groundfish 

stocks as described in the 2019 SAFE 

report, which is the most recent, 

completed SAFE report. 

Under this action, the proposed ABCs 

reflect harvest amounts that are less 

than the specified overfishing levels. 

The proposed TACs are within the range 

of proposed ABCs recommended by the 

SSC and do not exceed the biological 

limits recommended by the SSC (the 

ABCs and overfishing levels). For most 

species and species groups in the GOA, 

the Council recommended, and NMFS 

proposes, TACs equal to proposed 

ABCs, which is intended to maximize 

harvest opportunities in the GOA. 

For some species and species groups, 

however, the Council recommended and 

NMFS proposes TACs that are less than 

the proposed ABCs, including for 

pollock in the W/C/WYK Regulatory 

Area, Pacific cod, shallow-water flatfish 

in the Western Regulatory Area, 

arrowtooth flounder, flathead sole in the 

Western and Central Regulatory Areas, 

and Atka mackerel. In the GOA, 

increasing TACs for some species may 

not result in increased harvest 

opportunities for those species. This is 

due to a variety of reasons. There may 

be a lack of commercial or market 

interest in some species. Additionally, 

there are fixed, and therefore 

constraining, PSC limits associated with 

the harvest of the GOA groundfish 

species that can lead to an underharvest 

of flatfish TACs. For this reason, the 

shallow-water flatfish, arrowtooth 

flounder, and flathead sole TACs are set 

to allow for increased harvest 

opportunities for these target species 

while conserving the halibut PSC limit 

for use in other fisheries. The Atka 

mackerel TAC is set to accommodate 

incidental catch amounts in other 

fisheries. Finally, the TACs for two 

species (pollock and Pacific cod) cannot 

be set equal to ABC, as the TAC must 

be reduced to account for the State’s 

GHLs in these fisheries. The W/C/WYK 

Regulatory Area pollock TAC and the 

GOA Pacific cod TACs are therefore set 

to account for the State’s GHLs for the 

State water pollock and Pacific cod 

fisheries so that the ABCs are not 

exceeded. The proposed GOA Pacific 

cod TACs also include a further 

reduction implemented in the 2020 and 

2021 harvest specifications as an 

additional conservation measure due to 

the stock’s projected 2020 spawning 

biomass. For most species in the GOA, 

the Council recommended, and NMFS 

proposes, that proposed TACs equal 

proposed ABCs, unless other 

conservation or management reasons 

support proposed TAC amounts less 

than the proposed ABCs. 

Based upon the best available 

scientific data, and in consideration of 

the Council’s objectives of this action, it 

appears that there are no significant 

alternatives to the proposed rule that 

have the potential to accomplish the 


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78096 Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Proposed Rules 

stated objectives of the MagnusonStevens Act and any other applicable 

statutes and that have the potential to 

minimize any significant adverse 

economic impact of the proposed rule 

on small entities. This action is 

economically beneficial to entities 

operating in the GOA, including small 

entities. The action proposes TACs for 

commercially-valuable species in the 

GOA and allows for the continued 

prosecution of the fishery, thereby 

creating the opportunity for fishery 

revenue. After public process during 

which the Council solicited input from 

stakeholders, the Council concluded 

that the proposed harvest specifications 

would best accomplish the stated 

objectives articulated in the preamble 

for this proposed rule, and in applicable 

statutes, and would minimize to the 

extent practicable adverse economic 

impacts on the universe of directly 

regulated small entities. 

This action does not modify 

recordkeeping or reporting 

requirements, or duplicate, overlap, or 

conflict with any Federal rules. 

This proposed rule contains no 

information collection requirements 

under the Paperwork Reduction Act of 

1995. 

Adverse impacts on marine mammals 

or endangered or threatened species 

resulting from fishing activities 

conducted under these harvest 

specifications are discussed in the Final 

EIS and its accompanying annual SIRs 

(see ADDRESSES). 

Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 

1540(f); 16 U.S.C. 1801 et seq.; 16 U.S.C. 

3631 et seq.; Pub. L. 105–277; Pub. L. 106– 

31; Pub. L. 106–554; Pub. L. 108–199; Pub. 

L. 108–447; Pub. L. 109–241; Pub. L. 109– 

479. 

Dated: November 25, 2020. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2020–26592 Filed 12–1–20; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 201125–0319; RTID 0648– 

XY116] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Bering Sea and 

Aleutian Islands; Proposed 2021 and 

2022 Harvest Specifications for 

Groundfish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; harvest 

specifications and request for 

comments. 

SUMMARY: NMFS proposes 2021 and 

2022 harvest specifications, 

apportionments, and prohibited species 

catch allowances for the groundfish 

fisheries of the Bering Sea and Aleutian 

Islands (BSAI) management area. This 

action is necessary to establish harvest 

limits for groundfish during the 2021 

and 2022 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 2021 harvest specifications 

supersede those previously set in the 

final 2020 and 2021 harvest 

specifications, and the 2022 harvest 

specifications will be superseded in 

early 2022 when the final 2022 and 

2023 harvest specifications are 

published. The intended effect of this 

action is to conserve and manage the 

groundfish resources in the BSAI in 

accordance with the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). 

DATES: Comments must be received by 

January 4, 2021. 

ADDRESSES: Submit your comments, 

identified by NOAA–NMFS–2020–0141, 

by either of the following methods: 

• Federal e-Rulemaking Portal: Go to 

www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2020- 

0141, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Glenn Merrill, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS, Attn: 

Records Office. Mail comments to P.O. 

Box 21668, Juneau, AK 99802–1668. 

Instructions: NMFS may not consider 

comments if they are sent by any other 

method, to any other address or 

individual, or received after the 

comment period ends. All comments 

received are a part of the public record, 

and NMFS will post the comments for 

public viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender is 

publicly accessible. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). 

Electronic copies of the Alaska 

Groundfish Harvest Specifications Final 

Environmental Impact Statement (Final 

EIS), Record of Decision (ROD) for the 

Final EIS, and the annual 

Supplementary Information Reports 

(SIRs) to the Final EIS prepared for this 

action are available from https://

www.regulations.gov. An updated 2021 

SIR for the final 2021 and 2022 harvest 

specifications will be available from the 

same source. The final 2019 Stock 

Assessment and Fishery Evaluation 

(SAFE) report for the groundfish 

resources of the BSAI, dated November 

2019, is available from the North Pacific 

Fishery Management Council (Council) 

at 605 West 4th Avenue, Suite 306, 

Anchorage, AK 99501–2252, phone 

907–271–2809, or from the Council’s 

website at https://www.npfmc.org/. The 

2020 SAFE report for the BSAI will be 

available from the same source. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7228. 

SUPPLEMENTARY INFORMATION: Federal 

regulations at 50 CFR part 679 

implement the FMP and govern the 

groundfish fisheries in the BSAI. The 

Council prepared the FMP, and NMFS 

approved it, under the MagnusonStevens Act. General regulations 

governing U.S. fisheries also appear at 

50 CFR part 600. 

The FMP and its implementing 

regulations require that NMFS, after 

consultation with the Council, specify 

annually the total allowable catch (TAC) 

for each target species category. The 

sum of TACs for all groundfish species 

in the BSAI must be within the 

optimum yield (OY) range of 1.4 million 

to 2.0 million metric tons (mt) (see 

§ 679.20(a)(1)(i)(A)). Section 679.20(c)(1) 

further requires that NMFS publish 

proposed harvest specifications in the 

Federal Register and solicit public 

comments on proposed annual TACs 

and apportionments thereof; prohibited 

species catch (PSC) allowances; 

prohibited species quota (PSQ) reserves 

established by § 679.21; seasonal 

allowances of pollock, Pacific cod, and 

Atka mackerel TAC; American Fisheries 


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