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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Act allocations; Amendment 80 

allocations; Community Development 

Quota (CDQ) reserve amounts 

established by § 679.20(b)(1)(ii); and 

acceptable biological catch (ABC) 

surpluses and reserves for CDQ groups 

and Amendment 80 cooperatives for 

flathead sole, rock sole, and yellowfin 

sole. The proposed harvest 

specifications set forth in Tables 1 

through 15 of this action satisfy these 

requirements. 

Under § 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 121 to the FMP: Reclassify 

Sculpins as an Ecosystem Component 

Species 

On July 10, 2020, NMFS published 

the final rule to implement Amendment 

121 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), ABC, and TAC for sculpins in the 

BSAI groundfish harvest specifications, 

beginning with these proposed 2021 and 

2022 harvest specifications. 

Amendment 121 prohibits directed 

fishing for sculpins, while maintaining 

recordkeeping and reporting 

requirements for sculpins. Amendment 

121 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 areas. 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 BSAI 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. 

State of Alaska Guideline Harvest Levels 

For 2021 and 2022, the Board of 

Fisheries (BOF) for the State of Alaska 

(State) established the guideline harvest 

level (GHL) for vessels using pot gear in 

State waters in the Bering Sea subarea 

(BS). The 2020 BS GHL was set at 9 

percent of the 2020 BS ABC (85 FR 

13553; March 9, 2020). The State’s pot 

gear BS GHL will increase one percent 

annually up to 15 percent of the BS 

ABC, if at least 90 percent of the GHL 

is harvested by November 15 of the 

preceding year. In 2020, 90 percent of 

the GHL has been harvested by 

November 15, 2020, which triggers a 

one percent increase in the GHL in 2021 

and results in a 2021 GHL of 10 percent 

of the Pacific cod proposed BS ABC. If 

at least 90 percent of the 2021 BS GHL 

is not harvested by November 15, 2021, 

then the 2022 BS GHL will remain at the 

same percent (10 percent) as the 2021 

BS GHL. If 90 percent of the 2021 BS 

GHL is harvested by November 15, 

2021, then the 2022 BS GHL will 

increase by one percent and the 2022 BS 

TAC will be set to account for the 

increased BS GHL. Also, for 2021 and 

2022, the BOF established an additional 

GHL for vessels using jig gear in State 

waters in the BS equal to 45 mt of 

Pacific cod. The Council and its BSAI 

Groundfish Plan Team (Plan Team), 

Scientific and Statistical Committee 

(SSC), and Advisory Panel (AP) 

recommended that the sum of all State 

and Federal water Pacific cod removals 

from the BS not exceed the proposed 

ABC recommendations for Pacific cod 

in the BS. Accordingly, the Council 

recommended, and NMFS proposes, 

that the 2021 and 2022 Pacific cod TACs 

in the BS account for the State’s GHLs 

for Pacific cod caught in State waters. 

For 2021 and 2022, the BOF for the 

State established the GHL in State 

waters in the Aleutian Islands subarea 

(AI). The 2020 AI GHL was set at 35 

percent of the 2020 AI ABC (85 FR 

13553; March 9, 2020). The AI GHL will 

increase annually by 4 percent of the AI 

ABC, if 90 percent of the GHL is 

harvested by November 15 of the 

preceding year, but may not exceed 39 

percent of the AI ABC or 15 million 

pounds (6,804 mt). In 2020, 90 percent 

of the GHL has been harvested by 

November 15, 2020, which triggers a 4 

percent increase in the GHL in 2021; 

however, 39 percent of the proposed 

2021 and 2022 AI ABC is 8,034 mt, 

which exceeds the AI GHL limit of 

6,804 mt. The Council and its Plan 

Team, SSC, and AP recommended that 

the sum of all State and Federal water 

Pacific cod removals from the AI not 

exceed the proposed ABC 

recommendations for Pacific cod in the 

AI. Accordingly, the Council 

recommended, and NMFS proposes, 

that the 2021 and 2022 Pacific cod TACs 

in the AI account for the State’s GHL of 

6,804 mt for Pacific cod caught in State 

waters. 

Proposed ABC and TAC Harvest 

Specifications 

In October 2020, the Council’s SSC, 

its AP, and the Council reviewed the 

most recent biological and harvest 

information on the condition of the 

BSAI groundfish stocks. The Plan Team 

compiled and presented this 

information in the final 2019 SAFE 

report for the BSAI groundfish fisheries, 

dated November 2019 (see ADDRESSES). 

The final 2020 SAFE report will be 

available from the same source. 

The proposed 2021 and 2022 harvest 

specifications are based on the final 

2021 harvest specifications published in 

March 2020 (85 FR 13553; March 9, 

2020), which were set after 

consideration of the most recent 2019 

SAFE report, and are based on the 

initial survey data that were presented 

at the September 2020 Plan Team 

meeting. The proposed 2021 and 2022 

harvest specifications in this action are 

subject to change in the final harvest 

specifications to be published by NMFS 

following the Council’s December 2020 

meeting. 

Many of the scheduled 2020 Gulf of 

Alaska (GOA) and BSAI groundfish and 

ecosystem surveys were cancelled or 

modified, although 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 and eastern Bering Sea 

(EBS), including the EBS trawl survey 

and a northern Bering Sea trawl survey. 

The stock assessment process is 

adaptable to the changes in availability 

of survey data, as many surveys only are 

conducted periodically, rather than 

annually, and any changes relevant to 


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the stock assessment process will be 

addressed in the final SAFE report. 

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 comments in making its 

recommendations for the final 2021 and 

2022 harvest specifications. 

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 or the models’ results used for 

producing stock assessments. Any 

changes to models used in stock 

assessments will be recommended by 

the Plan Team in November 2020 and 

then included in the final 2020 SAFE 

report. Model changes can result in 

changes to final OFLs, ABCs, and TACs. 

The final 2020 SAFE report will include 

the most recent information, such as 

catch data. 

The final harvest specification 

amounts for these stocks are not 

expected to vary greatly from these 

proposed harvest specification amounts. 

If the 2020 SAFE report indicates that 

the stock biomass trend is increasing for 

a species, then the final 2021 and 2022 

harvest specifications 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. In addition to changes 

driven by biomass trends, there may be 

changes in TACs due to the sum of 

ABCs exceeding 2 million mt. Since the 

regulations require TACs to be set to an 

OY between 1.4 and 2 million mt, the 

Council may be required to recommend 

TACs that are lower than the ABCs 

recommended by the Plan Team and the 

SSC, if setting all TACs equal to ABCs 

would cause the sum of TACs to exceed 

an OY of 2 million mt. Generally, total 

ABCs greatly exceed 2 million mt in 

years with a large pollock biomass. For 

both 2021 and 2022, NMFS anticipates 

that the sum of the final ABCs will 

exceed 2 million mt. NMFS expects that 

the final TACs for the BSAI for both 

2021 and 2022 will equal 2 million mt 

each year. 

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 a series of six tiers to define 

OFLs and ABCs based on the level of 

reliable information available to fishery 

scientists. Tier 1 represents the highest 

level of information quality available, 

while Tier 6 represents the lowest. The 

proposed 2021 and 2022 TACs are based 

on the best available biological and 

socioeconomic information. 

In October 2020, the SSC adopted the 

proposed 2021 and 2022 OFLs and 

ABCs recommended by the Plan Team 

for all groundfish. The Council adopted 

the SSC’s OFL and ABC 

recommendations. The OFL and ABC 

amounts are, for the most part, 

unchanged from the final 2021 harvest 

specifications published in the Federal 

Register on March 9, 2020 (85 FR 

13553). However, the OFL and ABC for 

rock sole was increased because a data 

file error was discovered in the 2019 

stock assessment. Also, sculpins have 

been reclassified 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 (85 FR 41427; July 10, 

2020). Therefore, starting with these 

proposed harvest specifications, the 

OFL, ABC, and TAC for sculpins will no 

longer be set in the BSAI harvest 

specifications. The 5,000 mt that had 

been specified for the 2021 sculpin TAC 

has been distributed among AI 

Greenland turbot, BSAI Kamchatka 

flounder, BSAI Alaska plaice, Bering 

Sea and Eastern Aleutian Islands (BS/ 

EAI) blackspotted and rougheye 

rockfish, BSAI sharks, and BSAI 

octopuses. The sum of the proposed 

2021 and 2022 ABCs for all assessed 

groundfish is 2,984,164 mt. The sum of 

the proposed TACs is 2,000,000 mt. 

Specification and Apportionment of 

TAC Amounts 

The Council recommended proposed 

2021 and 2022 TACs that are equal to 

the proposed ABCs for 2021 and 2022 

BS sablefish, Central AI Atka mackerel, 

BS and Eastern AI Atka mackerel, BS 

Pacific ocean perch, Central AI Pacific 

ocean perch, Eastern AI Pacific ocean 

perch, Central AI and Western AI 

blackspotted and rougheye rockfish, and 

AI ‘‘other rockfish.’’ The Council 

recommended proposed TACs less than 

the respective proposed ABCs for all 

other species. Section 

679.20(a)(5)(iii)(B)(1) requires the AI 

pollock TAC to be set at 19,000 mt when 

the AI pollock ABC equals or exceeds 

19,000 mt. The Bogoslof pollock TAC is 

set to accommodate incidental catch 

amounts. TACs are set so that the sum 

of the overall TAC does not exceed the 

BSAI OY. 

The proposed groundfish OFLs, 

ABCs, and TACs are subject to change 

pending the completion of the final 

2020 SAFE report and the Council’s 

recommendations for the final 2021 and 

2022 harvest specifications during its 

December 2020 meeting. These 

proposed 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 have been adjusted for 

other biological information and 

socioeconomic considerations, 

including maintaining the entire TAC 

within the required OY range. Pursuant 

to Section 3.2.3.4.1 of the FMP, the 

Council could recommend adjusting the 

final TACs if ‘‘warranted on the basis of 

bycatch considerations, management 

uncertainty, or socioeconomic 

considerations; or if required in order to 

cause the sum of the TACs to fall within 

the OY range.’’ Table 1 lists the 

proposed 2021 and 2022 OFL, ABC, 

TAC, initial TAC (ITAC), and CDQ 

amounts for groundfish for the BSAI. 

The proposed apportionment of TAC 

amounts among fisheries and seasons is 

discussed below. 


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TABLE 1—PROPOSED 2021 AND 2022 OVERFISHING LEVEL (OFL), ACCEPTABLE BIOLOGICAL CATCH (ABC), TOTAL

ALLOWABLE CATCH (TAC), INITIAL TAC (ITAC), AND CDQ RESERVE ALLOCATION OF GROUNDFISH IN THE BSAI 1

[Amounts are in metric tons] 

Species Area 

Proposed 2021 and 2022 

OFL ABC TAC ITAC 2 CDQ 3 4

Pollock 4 .............................. BS ....................................... 3,385,000 1,767,000 1,450,000 1,305,000 145,000 

AI ........................................ 70,970 58,384 19,000 17,100 1,900 

Bogoslof .............................. 183,080 137,310 75 75 ........................

Pacific cod 5 ........................ BS ....................................... 125,734 102,975 92,633 82,721 9,912 

AI ........................................ 27,400 20,600 13,796 12,320 1,476 

Sablefish ............................. Alaska-wide ........................ 64,765 n/a n/a n/a n/a 

BS ....................................... n/a 2,865 2,865 1,218 107 

AI ........................................ n/a 3,891 2,500 531 47 

Yellowfin sole ...................... BSAI .................................... 287,943 261,497 168,900 150,828 18,072 

Greenland turbot ................. BSAI .................................... 10,006 8,510 5,795 4,926 n/a 

BS ....................................... n/a 7,429 5,125 4,356 548 

AI ........................................ n/a 1,081 670 570 ........................

Arrowtooth flounder ............ BSAI .................................... 86,647 73,804 10,000 8,500 1,070 

Kamchatka flounder ............ BSAI .................................... 11,472 9,688 7,116 6,049 ........................

Rock sole 6 .......................... BSAI .................................... 251,800 245,400 49,000 43,757 5,243 

Flathead sole 7 .................... BSAI .................................... 86,432 71,079 24,000 21,432 2,568 

Alaska plaice ....................... BSAI .................................... 36,500 30,700 24,000 20,400 ........................

Other flatfish 8 ..................... BSAI .................................... 21,824 16,368 5,000 4,250 ........................

Pacific Ocean perch ........... BSAI .................................... 56,589 46,885 42,036 36,953 n/a 

BS ....................................... n/a 13,600 13,600 11,560 ........................

EAI ...................................... n/a 10,619 10,619 9,483 1,136 

CAI ...................................... n/a 7,817 7,817 6,981 836 

WAI ..................................... n/a 14,849 10,000 8,930 1,070 

Northern rockfish ................ BSAI .................................... 19,070 15,683 10,000 8,500 ........................

Blackspotted/ 

Rougheyerockfish 10.

BSAI .................................... 1,090 899 439 373 ........................

BS/EAI ................................ n/a 560 100 85 ........................

CAI/WAI .............................. n/a 339 339 288 ........................

Shortraker rockfish .............. BSAI .................................... 722 541 375 319 ........................

Other rockfish 10 .................. BSAI .................................... 1,793 1,344 1,088 925 ........................

BS ....................................... n/a 956 700 595 ........................

AI ........................................ n/a 388 388 330 ........................

Atka mackerel ..................... BSAI .................................... 74,800 64,400 54,482 48,652 5,830 

EAI/BS ................................ n/a 22,540 22,540 20,128 2,412 

CAI ...................................... n/a 13,524 13,524 12,077 1,447 

WAI ..................................... n/a 28,336 18,418 16,447 1,971 

Skates ................................. BSAI .................................... 48,289 40,248 16,000 13,600 ........................

Sharks ................................. BSAI .................................... 689 517 200 170 ........................

Octopuses ........................... BSAI .................................... 4,769 3,576 700 595 ........................

Total ............................. ............................................. 4,857,384 2,984,164 2,000,000 1,789,193 194,816 

1These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of 

these harvest specifications, the Bering Sea subarea (BS) includes the Bogoslof District. 2Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and the Amendment 80 species (Atka mackerel, 

flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 15 percent of each TAC is put into a non-specified 

reserve. The ITAC for these species is the remainder of the TAC after the subtraction of these reserves. For pollock and Amendment 80 species, 

ITAC is the non-CDQ allocation of TAC (see footnote 3 and 4). 3For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean 

perch), 10.7 percent of the TAC is reserved for use by CDQ participants (see §§ 679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish 

TAC allocated to hook-and-line gear or pot gear, 7.5 percent of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for Bering Sea Greenland turbot and BSAI arrowtooth flounder are reserved for use by CDQ participants (see § 679.20(b)(1)(ii)(B) and (D)). The 2021 

hook-and-line or pot gear portion of the sablefish ITAC and CDQ reserve will not be specified until the final 2021 and 2022 harvest specifications. Aleutian Islands Greenland turbot, ‘‘other flatfish,’’ Alaska plaice, Bering Sea Pacific ocean perch, Kamchatka flounder, northern rockfish, 

shortraker rockfish, blackspotted and rougheye rockfish, ‘‘other rockfish,’’ skates, sharks, and octopuses are not allocated to the CDQ Program. 4 Under § 679.20(a)(5)(i)(A), the annual BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second 

for the incidental catch allowance (3.9 percent), is further allocated by sector for a pollock directed fishery as follows: inshore–50 percent; catcher/processor–40 percent; and motherships–10 percent. Under § 679.20(a)(5)(iii)(B)(2), the annual AI pollock TAC, after subtracting first for the 

CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (2,400 mt), is allocated to the Aleut Corporation for a 

pollock directed fishery. 5The BS Pacific cod TAC is set to account for the 10 percent, plus 45 mt, of the BS ABC for the State of Alaska’s (State) guideline harvest 

level in State waters of the BS. The AI Pacific cod TAC is set to account for 39 percent of the AI ABC for the State guideline harvest level in 

State waters of the AI, unless the State guideline harvest level would exceed 15 million pounds (6,804 mt), in which case the TAC is set to account for the maximum authorized State guideline harvest level of 6,804 mt. 6 ‘‘Rock sole’’ includes Lepidopsetta polyxystra (Northern rock sole) and Lepidopsetta bilineata (Southern rock sole). 7 ‘‘Flathead sole’’ includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder). 8 ‘‘Other flatfish’’ includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole. 9 ‘‘Blackspotted/Rougheye rockfish’’ includes Sebastes melanostictus (blackspotted) and Sebastes aleutianus (rougheye). 10 ‘‘Other rockfish’’ includes all Sebastes and Sebastolobus species except for Pacific ocean perch, dark rockfish, northern rockfish, shortraker 

rockfish, and blackspotted/rougheye rockfish. 


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Note: Regulatory areas and districts are defined at § 679.2 (BSAI = Bering Sea and Aleutian Islands management area, BS = Bering Sea subarea, AI = Aleutian Islands subarea, EAI = Eastern Aleutian district, CAI = Central Aleutian district, WAI = Western Aleutian district.) 

Groundfish Reserves and the Incidental 

Catch Allowance (ICA) for Pollock, Atka 

Mackerel, Flathead Sole, Rock Sole, 

Yellowfin Sole, and AI Pacific Ocean 

Perch 

Section 679.20(b)(1)(i) requires NMFS 

to reserve 15 percent of the TAC for 

each target species category (except for 

pollock, hook-and-line and pot gear 

allocation of sablefish, and Amendment 

80 species) in a non-specified reserve. 

Section 679.20(b)(1)(ii)(B) requires that 

NMFS allocate 20 percent of the hookand-line or pot gear allocation of 

sablefish to the fixed gear sablefish CDQ 

reserve for each subarea. Section 

679.20(b)(1)(ii)(D) requires that NMFS 

allocate 7.5 percent of the trawl gear 

allocation of sablefish and 10.7 percent 

of BS Greenland turbot and arrowtooth 

flounder TACs to the respective CDQ 

reserves. Section 679.20(b)(1)(ii)(C) 

requires that NMFS allocate 10.7 

percent of the TACs for Atka mackerel, 

AI Pacific ocean perch, yellowfin sole, 

rock sole, flathead sole, and Pacific cod 

to the respective CDQ reserves. 

Sections 679.20(a)(5)(i)(A) and 

679.31(a) require allocation of 10 

percent of the BS pollock TAC to the 

pollock CDQ directed fishing allowance 

(DFA). Sections 679.20(a)(5)(iii)(B)(2)(i) 

and 679.31(a) require 10 percent of the 

AI pollock TAC be allocated to the 

pollock CDQ DFA. The entire Bogoslof 

District pollock TAC is allocated as an 

ICA pursuant to § 679.20(a)(5)(ii) 

because the Bogoslof District is closed to 

directed fishing for pollock by 

regulation (§ 679.22(a)(7)(B)). With the 

exception of the hook-and-line or pot 

gear sablefish CDQ reserve, the 

regulations do not further apportion the 

CDQ reserves by gear. 

Pursuant to § 679.20(a)(5)(i)(A)(1), 

NMFS proposes a pollock ICA of 3.9 

percent or 50,895 mt of the BS pollock 

TAC after subtracting the 10 percent 

CDQ DFA. This allowance is based on 

NMFS’s examination of the pollock 

incidentally retained and discarded 

catch, including the incidental catch by 

CDQ vessels, in target fisheries other 

than pollock from 2000 through 2020. 

During this 21-year period, the pollock 

incidental catch ranged from a low of 

2.2 percent in 2006 to a high of 4.6 

percent in 2014, with a 21-year average 

of 3 percent. Pursuant to 

§§ 679.20(a)(5)(iii)(B)(2)(i) and (ii), 

NMFS proposes a pollock ICA of 14 

percent or 2,400 mt of the AI pollock 

TAC after subtracting the 10 percent 

CDQ DFA. This allowance is based on 

NMFS’s examination of the pollock 

incidental catch, including the 

incidental catch by CDQ vessels, in 

target fisheries other than pollock from 

2003 through 2020. During this 18-year 

period, the incidental catch of pollock 

ranged from a low of 5 percent in 2006 

to a high of 17 percent in 2014, with an 

18-year average of 8 percent. 

Pursuant to §§ 679.20(a)(8) and (10), 

NMFS proposes ICAs of 3,000 mt of 

flathead sole, 6,000 mt of rock sole, 

4,000 mt of yellowfin sole, 10 mt of 

Western Aleutian District Pacific ocean 

perch, 60 mt of Central Aleutian District 

Pacific ocean perch, 100 mt of Eastern 

Aleutian District Pacific ocean perch, 20 

mt of Western Aleutian District Atka 

mackerel, 75 mt of Central Aleutian 

District Atka mackerel, and 800 mt of 

Eastern Aleutian District and BS Atka 

mackerel, after subtracting the 10.7 

percent CDQ reserves. These ICAs are 

based on NMFS’s examination of the 

average incidental catch in other target 

fisheries from 2003 through 2020. 

The remainder of the non-specified 

reserve are not designated by species or 

species group. Any amount of the 

reserve may be apportioned to a target 

species that contributed to the nonspecified reserve during the year, 

provided that such apportionments are 

consistent with § 679.20(a)(3) and do 

not result in overfishing (see 

§ 679.20(b)(1)(i)). 

Allocations of Pollock TAC Under the 

American Fisheries Act (AFA) 

Section 679.20(a)(5)(i)(A) requires that 

BS pollock TAC be apportioned as a 

DFA, after subtracting 10 percent for the 

CDQ Program and 3.9 percent for the 

ICA, as follows: 50 percent to the 

inshore sector, 40 percent to the 

catcher/processor (CP) sector, and 10 

percent to the mothership sector. In the 

BS, 45 percent of the DFA is allocated 

to the A season (January 20 to June 10), 

and 55 percent of the DFA is allocated 

to the B season (June 10 to November 1) 

(§§ 679.20(a)(5)(i)(B)(1) and 

679.23(e)(2)). The AI directed pollock 

fishery allocation to the Aleut 

Corporation is the amount of pollock 

TAC remaining in the AI after 

subtracting 1,900 mt for the CDQ DFA 

(10 percent), and 2,400 mt for the ICA 

(§ 679.20(a)(5)(iii)(B)(2)). In the AI, the 

total A season apportionment of the 

pollock TAC (including the AI directed 

fishery allocation, the CDQ DFA, and 

the ICA) may equal up to 40 percent of 

the ABC for AI pollock, and the 

remainder of the pollock TAC is 

allocated to the B season 

(§ 679.20(a)(5)(iii)(B)(3)). Table 2 lists 

these proposed 2021 and 2022 amounts. 

Section 679.20(a)(5)(iii)(B)(6) sets 

harvest limits for pollock in the A 

season (January 20 to June 10) in Areas 

543, 542, and 541. In Area 543, the A 

season pollock harvest limit is no more 

than 5 percent of the AI pollock ABC. 

In Area 542, the A season pollock 

harvest limit is no more than 15 percent 

of the AI pollock ABC. In Area 541, the 

A season pollock harvest limit is no 

more than 30 percent of the AI pollock 

ABC. 

Section 679.20(a)(5)(i)(A)(4) includes 

several specific requirements regarding 

BS pollock allocations. First, it requires 

that 8.5 percent of the pollock allocated 

to the CP sector be available for harvest 

by AFA catcher vessels (CVs) with CP 

sector endorsements, unless the 

Regional Administrator receives a 

cooperative contract that allows the 

distribution of harvest among AFA CPs 

and AFA CVs in a manner agreed to by 

all members. Second, AFA CPs not 

listed in the AFA are limited to 

harvesting not more than 0.5 percent of 

the pollock allocated to the CP sector. 

Table 2 lists the proposed 2021 and 

2022 allocations of pollock TAC. Tables 

13, 14, and 15 list the AFA CP and CV 

harvesting sideboard limits. The BS 

inshore pollock cooperative and open 

access sector allocations are based on 

the submission of AFA inshore 

cooperative applications due to NMFS 

on December 1 of each calendar year. 

Because AFA inshore cooperative 

applications for 2021 have not been 

submitted to NMFS, and NMFS 

therefore cannot calculate 2021 

allocations, NMFS has not included 

inshore cooperative tables in these 

proposed harvest specifications. NMFS 

will post the 2021 AFA inshore pollock 

cooperative and open access sector 

allocations on the Alaska Region 

website at https://

www.fisheries.noaa.gov/alaska/

sustainable-fisheries/alaska-fisheriesmanagement-reports prior to the start of 

the fishing year on January 1, 2021, 

based on the harvest specifications 

effective on that date. 

Table 2 also lists proposed seasonal 

apportionments of pollock and harvest 

limits within the Steller Sea Lion 

Conservation Area (SCA). The harvest of 

pollock within the SCA, as defined at 

§ 679.22(a)(7)(vii), is limited to no more 

than 28 percent of the annual pollock 

DFA before 12:00 noon, April 1, as 

provided in § 679.20(a)(5)(i)(C). The A 

season pollock SCA harvest limit will be 


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apportioned to each sector in proportion to each sector’s allocated percentage of 

the DFA. 

TABLE 2—PROPOSED 2021 AND 2022 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO

THE CDQ DIRECTED FISHING ALLOWANCES (DFA) 1

[Amounts are in metric tons] 

Area and sector 

2021 and 

2022 

allocations 

A season 1 B season 1

A season DFA SCA harvest 

limit 2 B season DFA 

Bering Sea subarea TAC ................................................................................ 1,450,000 n/a n/a n/a 

CDQ DFA ......................................................................................................... 145,000 65,250 40,600 79,750 

ICA1 ................................................................................................................. 50,895 n/a n/a n/a 

Total Bering Sea DFA (non-CDQ) ................................................................... 1,254,105 564,347 351,149 689,758 

AFA Inshore ..................................................................................................... 627,053 282,174 175,575 344,879 

AFA Catcher/Processors 3 ........................................................................ 501,642 225,739 140,460 275,903 

Catch by CPs ........................................................................................... 459,002 206,551 n/a 252,451 

Catch by CVs 3 ......................................................................................... 42,640 19,188 n/a 23,452 

Unlisted CP Limit 4 ............................................................................. 2,508 1,129 n/a 1,380 

AFA Motherships ............................................................................................. 125,411 56,435 35,115 68,976 

Excessive Harvesting Limit 5 ............................................................................ 219,468 n/a n/a n/a 

Excessive Processing Limit 6 ........................................................................... 376,232 n/a n/a n/a 

Aleutian Islands subarea ABC ......................................................................... 58,384 n/a n/a n/a 

Aleutian Islands subarea TAC ......................................................................... 19,000 n/a n/a n/a 

CDQ DFA ......................................................................................................... 1,900 760 n/a 1,140 

ICA ................................................................................................................... 2,400 1,200 n/a 1,200 

Aleut Corporation ............................................................................................. 14,700 14,700 n/a

Area harvest limit 7 ........................................................................................... n/a n/a n/a n/a 

541 ............................................................................................................ 17,515 n/a n/a n/a 

542 ............................................................................................................ 8,758 n/a n/a n/a 

543 ............................................................................................................ 2,919 n/a n/a n/a 

Bogoslof District ICA8 ...................................................................................... 75 n/a n/a n/a 

1Pursuant to § 679.20(a)(5)(i)(A), the annual Bering Sea subarea pollock TAC, after subtracting the CDQ DFA (10 percent) and the ICA (3.9 

percent), is allocated as a DFA as follows: inshore sector–50 percent, catcher/processor sector (CPs)–40 percent, and mothership sector–10 percent. In the Bering Sea subarea, 45 percent of the DFA is allocated to the A season (January 20–June 10) and 55 percent of the DFA is allocated to the B season (June 10–November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2)(i) through (iii), the annual Aleutian Islands subarea pollock 

TAC, after subtracting first for the CDQ DFA (10 percent) and second for the ICA (2,400 mt), is allocated to the Aleut Corporation for a directed 

pollock fishery. In the Aleutian Islands subarea, the A season is allocated up to 40 percent of the AI pollock ABC. 2 In the Bering Sea subarea, pursuant to § 679.20(a)(5)(i)(C), no more than 28 percent of each sector’s annual DFA may be taken from the 

SCA before noon, April 1. 3Pursuant to § 679.20(a)(5)(i)(A)(4), 8.5 percent of the DFA allocated to listed CPs shall be available for harvest only by eligible catcher vessels with a CP endorsement delivering to listed CPs, unless there is a CP sector cooperative for the year. 4Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted CPs are limited to harvesting not more than 0.5 percent of the C/P sector’s allocation 

of pollock. 5Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ 

pollock DFAs. 6Pursuant to § 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ 

pollock DFAs. 7Pursuant to § 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in Area 541 no more than 30 percent, in 

Area 542 no more than 15 percent, and in Area 543 no more than 5 percent of the Aleutian Islands pollock ABC. 8Pursuant to § 679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The amounts specified are for incidental catch 

only and are not apportioned by season or sector. 

Allocation of the Atka Mackerel TACs 

Section 679.20(a)(8) allocates the Atka 

mackerel TACs to the Amendment 80 

and BSAI trawl limited access sectors, 

after subtracting the CDQ reserves, ICAs 

for the BSAI trawl limited access sector 

and non-trawl gear sectors, and the jig 

gear allocation (Table 3). The percentage 

of the ITAC for Atka mackerel allocated 

to the Amendment 80 and BSAI trawl 

limited access sectors is listed in Table 

33 to 50 CFR part 679 and in § 679.91. 

Pursuant to § 679.20(a)(8)(i), up to 2 

percent of the Eastern Aleutian District 

and Bering Sea subarea Atka mackerel 

TAC may be allocated to vessels using 

jig gear. The percent of this allocation is 

recommended annually by the Council 

based on several criteria, including the 

anticipated harvest capacity of the jig 

gear fleet. The Council recommended, 

and NMFS proposes, a 0.5 percent 

allocation of the Atka mackerel TAC in 

the Eastern Aleutian District and Bering 

Sea subarea to jig gear in 2021 and 2022. 

Section 679.20(a)(8)(ii)(A) apportions 

the Atka mackerel TAC into two equal 

seasonal allowances. Section 

679.23(e)(3) sets the first seasonal 

allowance for directed fishing with 

trawl gear from January 20 through June 

10 (A season), and the second seasonal 

allowance from June 10 through 

December 31 (B season). Section 

679.23(e)(4)(iii) applies Atka mackerel 

seasons to trawl CDQ Atka mackerel 

fishing. The ICA and jig gear allocations 

are not apportioned by season. 

Sections 679.20(a)(8)(ii)(C)(1)(i) and 

(ii) limit Atka mackerel catch within 

waters 0 nm to 20 nmi of Steller sea lion 

sites listed in Table 6 to 50 CFR part 679 

and located west of 178° W longitude to 

no more than 60 percent of the annual 

TACs in Areas 542 and 543, and equally 

divides the annual TAC between the A 

and B seasons as defined at 

§ 679.23(e)(3). Section 

679.20(a)(8)(ii)(C)(2) requires that the 

annual TAC in Area 543 will be no more 

than 65 percent of the ABC in Area 543. 

Section 679.20(a)(8)(ii)(D) requires that 

any unharvested Atka mackerel A 

season allowance that is added to the B 

season be prohibited from being 


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harvested within waters 0 nm to 20 nmi 

of Steller sea lion sites listed in Table 

6 to 50 CFR part 679 and located in 

Areas 541, 542, and 543.Table 3 lists the 

proposed 2021 and 2022 Atka mackerel 

season allowances, area allowances, and 

the sector allocations. One Amendment 

80 cooperative has formed for the 2021 

fishing year. Because all Amendment 80 

vessels are part of the cooperative, no 

allocation to the Amendment 80 limited 

access sector is required for 2021. The 

2022 allocations for Atka mackerel 

between Amendment 80 cooperatives 

and the Amendment 80 limited access 

sector will not be known until eligible 

participants apply for participation in 

the program by November 1, 2021. 

NMFS will post the 2022 Amendment 

80 cooperatives and Amendment 80 

limited access sector allocations on the 

Alaska Region website at https://

www.fisheries.noaa.gov/alaska/ 

sustainable-fisheries/sustainablefisheries-alaska prior to the start of the 

fishing year on January 1, 2022, based 

on the harvest specifications effective 

on that date. 

TABLE 3—PROPOSED 2021 AND 2022 SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, CDQ RESERVE, 

INCIDENTAL CATCH ALLOWANCE (ICA), AND AMENDMENT 80 ALLOCATIONS OF THE BSAI ATKA MACKEREL TAC 

[Amounts are in metric tons] 

Sector 1 Season 234

2021 and 2022 allocation by area 

Eastern 

Aleutian 

District/Bering 

Sea 

Central 

Aleutian 

District 5

Western 

Aleutian 

District 5

TAC ................................................................. n/a .................................................................. 22,540 13,524 18,418 

CDQ reserve ................................................... Total ............................................................... 2,412 1,447 1,971 

A ..................................................................... 1,206 724 985 

Critical habitat 5 .............................................. n/a 434 591 

B ..................................................................... 1,206 724 985 

Critical habitat 5 .............................................. n/a 434 591 

non-CDQ TAC ................................................. n/a .................................................................. 20,128 12,077 16,447 

ICA .................................................................. Total ............................................................... 800 75 20 

Jig 6 ................................................................. Total ............................................................... 97 

BSAI trawl limited access ............................... Total ............................................................... 1,923 1,200 

A ..................................................................... 962 600 

Critical habitat 5 .............................................. n/a 360 

B ..................................................................... 962 600 

Critical habitat 5 .............................................. n/a 360 

Amendment 80 ................................................ Total ............................................................... 17,308 10,802 16,427 

A ..................................................................... 8,654 5,401 8,214 

Critical habitat 5 .............................................. n/a 3,241 4,928 

B ..................................................................... 8,654 5,401 8,214 

Critical habitat 5 .............................................. n/a 3,241 4,928 

1Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and the jig gear allocation, to the 

Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited 

access sectors is established in Table 33 to 50 CFR part 679 and § 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see §§ 679.20(b)(1)(ii)(C) and 679.31). 2Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery. 

3The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season. 

4Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from January 20 to June 10, and the B 

season from June 10 to December 31. 5Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to be caught inside of Steller sea 

lion critical habitat; § 679.20(a)(8)(ii)(C)(1)(ii) equally divides the annual TACs between the A and B seasons as defined at § 679.23(e)(3); and 

§ 679.20(a)(8)(ii)(C)(2) requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543. 6Sections 679.2 and 679.20(a)(8)(i) require that up to 2 percent of the Eastern Aleutian District and Bering Sea subarea TAC be allocated to 

jig gear after subtraction of the CDQ reserve and ICA. The proposed amount of this allocation for 2021 and 2022 is 0.5 percent. The jig gear allocation is not apportioned by season. 

Allocation of the Pacific Cod TAC 

The Council separated BS and AI 

subarea OFLs, ABCs, and TACs for 

Pacific cod in 2014 (79 FR 12108; March 

4, 2014). Section 679.20(b)(1)(ii)(C) 

allocates 10.7 percent of the BS TAC 

and the AI TAC to the CDQ Program. 

After CDQ allocations have been 

deducted from the respective BS and AI 

Pacific cod TACs, the remaining BS and 

AI Pacific cod TACs are combined for 

calculating further BSAI Pacific cod 

sector allocations. If the non-CDQ 

Pacific cod TAC is or will be reached in 

either the BS or the AI subareas, NMFS 

will prohibit directed fishing for nonCDQ Pacific cod in that subarea, as 

provided in § 679.20(d)(1)(iii). 

Sections 679.20(a)(7)(i) and (ii) 

allocate to the non-CDQ sectors the 

combined BSAI Pacific cod TAC, after 

subtracting 10.7 percent for the CDQ 

Program, as follows: 1.4 percent to 

vessels using jig gear, 2.0 percent to 

hook-and-line or pot CVs less than 60 ft 

(18.3 m) length overall (LOA), 0.2 

percent to hook-and-line CVs greater 

than or equal to 60 ft (18.3 m) LOA, 48.7 

percent to hook-and-line CPs, 8.4 

percent to pot CVs greater than or equal 

to 60 ft (18.3 m) LOA, 1.5 percent to pot 

CPs, 2.3 percent to AFA trawl CPs, 13.4 

percent to the Amendment 80 sector, 

and 22.1 percent to trawl CVs. The BSAI 

ICA for the hook-and-line and pot 

sectors will be deducted from the 

aggregate portion of BSAI Pacific cod 

TAC allocated to the hook-and-line and 

pot sectors. For 2021 and 2022, the 

Regional Administrator proposes a BSAI 

ICA of 400 mt, based on anticipated 

incidental catch by these sectors in 

other fisheries. 

The BSAI ITAC allocation of Pacific 

cod to the Amendment 80 sector is 


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established in Table 33 to 50 CFR part 

679 and § 679.91. One Amendment 80 

cooperative has formed for the 2021 

fishing year. Because all Amendment 80 

vessels are part of the cooperative, no 

allocation to the Amendment 80 limited 

access sector is required for 2021. The 

2022 allocations for Pacific cod between 

Amendment 80 cooperatives and the 

Amendment 80 limited access sector 

will not be known until eligible 

participants apply for participation in 

the program by November 1, 2021. 

NMFS will post the 2022 Amendment 

80 cooperatives and Amendment 80 

limited access allocations on the Alaska 

Region website at https://

www.fisheries.noaa.gov/alaska/

sustainable-fisheries/sustainablefisheries-alaska prior to the start of the 

fishing year on January 1, 2022, based 

on the harvest specifications effective 

on that date. 

The sector allocations of Pacific cod 

are apportioned into seasonal 

allowances to disperse the Pacific cod 

fisheries over the fishing year (see 

§§ 679.20(a)(7)(i)(B), 679.20 (a)(7)(iv)(A), 

and 679.23(e)(5)). In accordance with 

§§ 679.20(a)(7)(iv)(B) and (C), any 

unused portion of a Pacific cod seasonal 

allowance for any sector, except the jig 

sector, will become available at the 

beginning of that sector’s next seasonal 

allowance. 

Section 679.20(a)(7)(vii) requires that 

the Regional Administrator establish an 

Area 543 Pacific cod harvest limit based 

on Pacific cod abundance in Area 543 

as determined by the annual stock 

assessment process. Based on the 2019 

stock assessment, the Regional 

Administrator has preliminarily 

determined for 2021 and 2022 that the 

estimated amount of Pacific cod 

abundance in Area 543 is 15.7 percent 

of total AI abundance. NMFS will first 

subtract the State GHL Pacific cod 

amount from the AI Pacific cod ABC. 

Then NMFS will determine the harvest 

limit in Area 543 by multiplying the 

percentage of Pacific cod estimated in 

Area 543 (15.7 percent) by the 

remaining ABC for AI Pacific cod. Based 

on these calculations, which rely on the 

2019 stock assessment, the proposed 

Area 543 harvest limit is 2,166 mt. 

However, the final Area 543 harvest 

limit could change if the Pacific cod 

abundance in Area 543 changes based 

on the stock assessment in the final 

2020 SAFE report. 

On March 21, 2019, the final rule 

adopting Amendment 113 to the FMP 

(81 FR 84434; November 23, 2016) was 

vacated by the U.S. District Court for the 

District of Columbia (Groundfish Forum 

v. Ross, No. 16–2495 (D.D.C. March 21, 

2019)), and the corresponding 

regulations implementing Amendment 

113 are no longer in effect. Therefore, 

this proposed rule is not specifying 

amounts for the AI Pacific Cod Catcher 

Vessel Harvest Set-Aside Program (see 

§ 679.20(a)(7)(viii)). 

Table 4 lists the CDQ and non-CDQ 

seasonal allowances by gear based on 

the proposed 2021 and 2022 Pacific cod 

TACs; the sector allocation percentages 

of Pacific cod set forth at 

§§ 679.20(a)(7)(i)(B) and (a)(7)(iv)(A); 

and the seasons set forth at 

§ 679.23(e)(5). 

TABLE 4–PROPOSED 2021 AND 2022 SECTOR ALLOCATIONS AND SEASONAL ALLOWANCES OF THE BSAI 1 PACIFIC COD 

TAC 

[Amounts are in metric tons] 

Sector Percent 

2021 and 

2022 share of 

gear sector 

total 

2021 and 

2022 share of 

sector total 

2021 and 2022 seasonal apportionment 

Season Amount 

Total Bering Sea TAC ....................... n/a 92,633 n/a n/a .................................................... n/a 

Bering Sea CDQ ............................... n/a 9,912 n/a See § 679.20(a)(7)(i)(B) ................... n/a 

Bering Sea non-CDQ TAC ............... n/a 82,721 n/a n/a .................................................... n/a 

Total Aleutian Islands TAC ............... n/a 13,796 n/a n/a .................................................... n/a 

Aleutian Islands CDQ ....................... n/a 1,476 n/a See § 679.20(a)(7)(i)(B) ................... n/a 

Aleutian Islands non-CDQ TAC ........ n/a 12,320 n/a n/a .................................................... n/a 

Western Aleutians Islands Limit ....... n/a 2,166 n/a n/a .................................................... n/a 

Total BSAI non-CDQ TAC 1 .............. 100 95,041 n/a n/a .................................................... n/a 

Total hook-and-line/pot gear ............. 61 57,785 n/a n/a .................................................... n/a 

Hook-and-line/pot ICA2 .................... n/a n/a 400 n/a .................................................... n/a 

Hook-and-line/pot sub-total ............... n/a 57,385 n/a n/a .................................................... n/a 

Hook-and-line catcher/processors .... 49 n/a 45,965 Jan 1–Jun 10 ...................................

Jun 10–Dec 31 .................................

23,442 

22,523 

Hook-and-line catcher vessels ≥60 ft 

LOA.

0 n/a 189 Jan 1–Jun 10 ...................................

Jun 10–Dec 31 .................................

96 

92 

Pot catcher/processors ..................... 2 n/a 1,416 Jan 1–Jun 10 ...................................

Sept 1–Dec 31 .................................

722 

694 

Pot catcher vessels ≥60 ft LOA ........ 8 n/a 7,928 Jan 1–Jun 10 ...................................

Sept 1–Dec 31 .................................

4,043 

3,885 

Catcher vessels <60 ft LOA using 

hook-and-line or pot gear.

2 n/a 1,888 n/a .................................................... n/a 

Trawl catcher vessels ....................... 22 21,004 n/a Jan 20–Apr 1 ....................................

Apr 1–Jun 10 ....................................

Jun 10–Nov 1 ...................................

15,543 

2,310 

3,151 

AFA trawl catcher/processors ........... 2 2,186 n/a Jan 20–Apr 1 ....................................

Apr 1–Jun 10 ....................................

Jun 10–Nov 1 ...................................

1,639 

546 

Amendment 80 .................................. 13 12,736 n/a Jan 20–Apr 1 ....................................

Apr 1–Jun 10 ....................................

Jun 10–Dec 31 .................................

9,552 

3,184 


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TABLE 4–PROPOSED 2021 AND 2022 SECTOR ALLOCATIONS AND SEASONAL ALLOWANCES OF THE BSAI 1 PACIFIC COD 

TAC—Continued 

[Amounts are in metric tons] 

Sector Percent 

2021 and 

2022 share of 

gear sector 

total 

2021 and 

2022 share of 

sector total 

2021 and 2022 seasonal apportionment 

Season Amount 

Jig ...................................................... 1 1,331 n/a Jan 1–Apr 30 ....................................

Apr 30–Aug 31 .................................

Aug 31–Dec 31 ................................

798 

266 

266 

1The non-CDQ sector allocations and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and AI Pacific cod nonCDQ TACs, after subtraction of the reserve for the CDQ Program. If the non-CDQ TAC for Pacific cod in either the AI or BS is reached, then directed fishing for the non-CDQ sectors will be prohibited for Pacific cod in that subarea, even if a BSAI allowance remains. 2The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC allocated to the hook-and-line 

and pot sectors. The Regional Administrator proposes an ICA of 400 mt for 2021 and 2022 based on anticipated incidental catch in these 

fisheries. 

Sablefish Gear Allocation 

Sections 679.20(a)(4)(iii) and (iv) 

require allocation of sablefish TAC for 

the BS and AI between trawl gear and 

hook-and-line or pot gear. Gear 

allocations of the sablefish TAC for the 

BS are 50 percent for trawl gear and 50 

percent for hook-and-line or pot gear. 

Gear allocations of the TAC for the AI 

are 25 percent for trawl gear and 75 

percent for hook-and-line or pot gear. 

Section 679.20(b)(1)(ii)(B) requires that 

NMFS apportion 20 percent of the hookand-line or pot gear allocation of 

sablefish TAC to the CDQ reserve for 

each subarea. Also, 

§ 679.20(b)(1)(ii)(D)(1) requires that 7.5 

percent of the trawl gear allocation of 

sablefish TAC from the non-specified 

reserve, established under 

§ 679.20(b)(1)(i), be apportioned to the 

CDQ reserve. The Council 

recommended that only trawl sablefish 

TAC be established biennially. The 

harvest specifications for the hook-andline or pot gear sablefish Individual 

Fishing Quota (IFQ) fisheries are limited 

to the 2021 fishing year to ensure those 

fisheries are conducted concurrently 

with the halibut IFQ fishery. Concurrent 

sablefish and halibut IFQ fisheries 

reduce the potential for discards of 

halibut and sablefish in those fisheries. 

The sablefish IFQ fisheries remain 

closed at the beginning of each fishing 

year until the final harvest 

specifications for the sablefish IFQ 

fisheries are in effect. Table 5 lists the 

proposed 2021 and 2022 gear 

allocations of the sablefish TAC and 

CDQ reserve amounts. 

TABLE 5—PROPOSED 2021 AND 2022 GEAR SHARES AND CDQ RESERVE OF BSAI SABLEFISH TACS

[Amounts are in metric tons] 

Subarea and gear Percent of 

TAC 

2021 Share of 

TAC 2021 ITAC 1 2021 CDQ 

reserve 

2022 Share 

of TAC 2022 ITAC 2022 CDQ reserve 

Bering Sea: 

Trawl ..................... 50 1,433 1,218 107 1,433 1,218 107 

Hook-and-line 

gear/pot 2 ........... 50 1,433 n/a 287 n/a n/a n/a 

Total ............... 100 2,865 1,218 394 1,433 1,218 107 

Aleutian Islands: 

Trawl ..................... 25 625 531 47 625 531 47 

Hook-and-line 

gear/pot 2 ........... 75 1,875 n/a 375 n/a n/a n/a 

Total ............... 100 2,500 531 422 625 531 47 

1For the sablefish TAC allocated to vessels using trawl gear, 15 percent of TAC is apportioned to the non-specified reserve (§ 679.20(b)(1)(i)). 

The ITAC is the remainder of the TAC after subtracting these reserves. In the BS and AI, 7.5 percent of the trawl non-specified reserve is assigned to the CDQ reserves (§ 679.20(b)(1)(ii)(D)(1)). 2For the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the allocated TAC is reserved for use by CDQ participants (§ 679.20(b)(1)(ii)(B)). The Council recommended that specifications for the hook-and-line and pot gear sablefish IFQ fisheries be limited 

to one year. 

Note: Seasonal or sector apportionments may not total precisely due to rounding. 

Allocation of the AI Pacific Ocean 

Perch, and BSAI Flathead Sole, Rock 

Sole, and Yellowfin Sole TACs 

Sections 679.20(a)(10)(i) and (ii) 

require that NMFS allocate AI Pacific 

ocean perch, and BSAI flathead sole, 

rock sole, and yellowfin sole TACs 

between the Amendment 80 sector and 

the BSAI trawl limited access sector, 

after subtracting 10.7 percent for the 

CDQ reserves and amounts for ICAs for 

the BSAI trawl limited access sector and 

vessels using non-trawl gear. The 

allocation of the ITAC for AI Pacific 

ocean perch, and BSAI flathead sole, 

rock sole, and yellowfin sole to the 

Amendment 80 sector is established in 

Tables 33 and 34 to 50 CFR part 679 and 

in § 679.91. 

One Amendment 80 cooperative has 

formed for the 2021 fishing year. 

Because all Amendment 80 vessels are 

part of the cooperative, no allocation to 

the Amendment 80 limited access sector 

is required for 2021. The 2022 

allocations for Amendment 80 species 

between Amendment 80 cooperatives 

and the Amendment 80 limited access 

sector will not be known until eligible 


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participants apply for participation in 

the program by November 1, 2021. 

NMFS will post the 2022 Amendment 

80 cooperatives and Amendment 80 

limited access sector allocations on the 

Alaska Region website at https://

www.fisheries.noaa.gov/alaska/

sustainable-fisheries/sustainablefisheries-alaska prior to the start of the 

fishing year on January 1, 2022, based 

on the harvest specifications effective 

on that date. Section 679.91(i)(2) 

establishes each Amendment 80 

cooperative ABC reserve to be the ratio 

of each cooperatives’ quota share units 

and the total Amendment 80 quota 

share units, multiplied by the 

Amendment 80 ABC reserve for each 

respective species. Table 6 lists the 

proposed 2021 and 2022 allocations of 

the AI Pacific ocean perch, and BSAI 

flathead sole, rock sole, and yellowfin 

sole TACs. 

TABLE 6—PROPOSED 2021 AND 2022 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH

AMOUNTS (ICAS), AND AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI 

FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE TACS

[Amounts are in metric tons] 

Sector 

2021 and 2022 allocations 

Pacific ocean perch 

Flathead sole Rock sole Yellowfin sole 

Eastern 

Aleutian 

District 

Central 

Aleutian 

District 

Western 

Aleutian 

District BSAI BSAI BSAI 

TAC .......................................................... 10,619 7,817 10,000 24,000 49,000 168,900 

CDQ ......................................................... 1,136 836 1,070 2,568 5,243 18,072 

ICA ........................................................... 100 60 10 3,000 6,000 4,000 

BSAI trawl limited access ........................ 938 692 178 ........................ ........................ 23,673 

Amendment 80 ......................................... 8,444 6,229 8,742 18,432 37,757 123,154 

Section 679.2 defines the ABC surplus 

for flathead sole, rock sole, and 

yellowfin sole as the difference between 

the annual ABC and TAC for each 

species. Section 679.20(b)(1)(iii) 

establishes ABC reserves for flathead 

sole, rock sole, and yellowfin sole. The 

ABC surpluses and the ABC reserves are 

necessary to mitigate the operational 

variability, environmental conditions, 

and economic factors that may constrain 

the CDQ groups and the Amendment 80 

cooperatives from achieving, on a 

continuing basis, the optimum yield in 

the BSAI groundfish fisheries. NMFS, 

after consultation with the Council, may 

set the ABC reserve at or below the ABC 

surplus for each species, thus 

maintaining the TAC below ABC limits. 

An amount equal to 10.7 percent of the 

ABC reserves will be allocated as CDQ 

ABC reserves for flathead sole, rock 

sole, and yellowfin sole. Section 

679.31(b)(4) establishes the annual 

allocations of CDQ ABC reserves among 

the CDQ groups. The Amendment 80 

ABC reserves are the ABC reserves 

minus the CDQ ABC reserves and are 

allocated to each Amendment 80 

cooperative pursuant to § 679.91(i)(2). 

Table 7 lists the proposed 2021 and 

2022 ABC surplus and ABC reserves for 

BSAI flathead sole, rock sole, and 

yellowfin sole. 

TABLE 7—PROPOSED 2021 AND 2022 ABC SURPLUS, ABC RESERVES, COMMUNITY DEVELOPMENT QUOTA (CDQ) ABC 

RESERVES, AND AMENDMENT 80 ABC RESERVES IN THE BSAI FOR FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE

[Amounts are in metric tons] 

Sector Flathead sole Rock sole Yellowfin sole 

ABC .............................................................................................................................................. 71,079 245,400 261,497 

TAC .............................................................................................................................................. 24,000 49,000 168,900 

ABC surplus ................................................................................................................................. 47,079 196,400 92,597 

ABC reserve ................................................................................................................................ 47,079 196,400 92,597 

CDQ ABC reserve ....................................................................................................................... 5,037 21,015 9,908 

Amendment 80 ABC reserve ....................................................................................................... 42,042 175,385 82,689 

Proposed PSC Limits for Halibut, 

Salmon, Crab, and Herring 

Sections 679.21(b), (e), (f), and (g) set 

forth the BSAI PSC limits. Pursuant to 

§ 679.21(b)(1), the annual BSAI halibut 

PSC limits total 3,515 mt. Section 

679.21(b)(1) allocates 315 mt of the 

halibut PSC limit as the PSQ reserve for 

use by the groundfish CDQ Program, 

1,745 mt of the halibut PSC limit for the 

Amendment 80 sector, 745 mt of the 

halibut PSC limit for the BSAI trawl 

limited access sector, and 710 mt of the 

halibut PSC limit for the BSAI non-trawl 

sector. 

Sections 679.21(b)(1)(iii)(A) and (B) 

authorize apportionment of the BSAI 

non-trawl halibut PSC limit into PSC 

allowances among six fishery categories, 

and §§ 679.21(b)(1)(ii)(A) and (B), 

(e)(3)(i)(B), and (e)(3)(iv) require 

apportionment of the BSAI trawl limited 

access sector’s halibut and crab PSC 

limits into PSC allowances among seven 

fishery categories. Table 10 lists the 

proposed fishery PSC allowances for the 

BSAI trawl limited access sector 

fisheries, and Table 11 lists the 

proposed fishery PSC allowances for the 

non-trawl fisheries. 

Pursuant to Section 3.6 of the FMP, 

the Council recommends, and NMFS 

proposes, that certain specified nontrawl fisheries be exempt from the 

halibut PSC limit. As in past years, after 

consultation with the Council, NMFS 

proposes to exempt the pot gear fishery, 

the jig gear fishery, and the sablefish 

IFQ hook-and-line gear fishery 

categories from halibut bycatch 

restrictions for the following reasons: (1) 


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The pot gear fisheries have low halibut 

bycatch mortality; (2) NMFS estimates 

halibut mortality for the jig gear fleet to 

be negligible because of the small size 

of the fishery and the selectivity of the 

gear; and (3) the sablefish and halibut 

IFQ fisheries have low halibut bycatch 

mortality because the IFQ Program 

requires legal-size halibut to be retained 

by vessels using hook-and-line gear if a 

halibut IFQ permit holder or a hired 

master is aboard and is holding unused 

halibut IFQ for that vessel category and 

the IFQ regulatory area in which the 

vessel is operating (§ 679.7(f)(11)). 

As of October 15, 2020, total 

groundfish catch for the pot gear fishery 

in the BSAI was 19,733 mt, with an 

associated halibut bycatch mortality of 5 

mt. The 2020 jig gear fishery harvested 

about 10 mt of groundfish. Most vessels 

in the jig gear fleet are exempt from 

observer coverage requirements. As a 

result, observer data are not available on 

halibut bycatch in the jig gear fishery. 

As mentioned above, NMFS estimates a 

negligible amount of halibut bycatch 

mortality because of the selective nature 

of jig gear and the low mortality rate of 

halibut caught with jig gear and 

released. 

Under § 679.21(f)(2), NMFS annually 

allocates portions of either 33,318, 

45,000, 47,591, or 60,000 Chinook 

salmon PSC limits among the AFA 

sectors, depending on past bycatch 

performance, on whether Chinook 

salmon bycatch incentive plan 

agreements (IPAs) are formed, and on 

whether NMFS determines it is a low 

Chinook salmon abundance year. NMFS 

will determine that it is a low Chinook 

salmon abundance year when 

abundance of Chinook salmon in 

western Alaska is less than or equal to 

250,000 Chinook salmon. The State 

provides to NMFS an estimate of 

Chinook salmon abundance using the 3- 

System Index for western Alaska, based 

on the Kuskokwim, Unalakleet, and 

Upper Yukon aggregate stock grouping. 

If an AFA sector participates in an 

approved IPA and has not exceeded its 

performance standard under 

§ 679.21(f)(6), and if it is not a low 

Chinook salmon abundance year, then 

NMFS will allocate a portion of the 

60,000 Chinook salmon PSC limit to 

that sector as specified in 

§ 679.21(f)(3)(iii)(A). If no IPA is 

approved, or if the sector has exceeded 

its performance standard under 

§ 679.21(f)(6), and if it is not a low 

abundance year, then NMFS will 

allocate a portion of the 47,591 Chinook 

salmon PSC limit to that sector as 

specified in § 679.21(f)(3)(iii)(C). If an 

AFA sector participates in an approved 

IPA and has not exceeded its 

performance standard under 

§ 679.21(f)(6) in a low abundance year, 

then NMFS will allocate a portion of the 

45,000 Chinook salmon PSC limit to 

that sector as specified in 

§ 679.21(f)(3)(iii)(B). If no IPA is 

approved, or if the sector has exceeded 

its performance standard under 

§ 679.21(f)(6), and if in a low abundance 

year, then NMFS will allocate a portion 

of the 33,318 Chinook salmon PSC limit 

to that sector as specified in 

§ 679.21(f)(3)(iii)(D). 

NMFS has determined that 2020 was 

a low Chinook salmon abundance year, 

based on the State’s estimate that 

Chinook salmon abundance in western 

Alaska is less than 250,000 Chinook 

salmon. Therefore, in 2021, the Chinook 

salmon PSC limit is 45,000 Chinook 

salmon, allocated to each sector as 

specified in § 679.21(f)(3)(iii)(B). The 

AFA sector Chinook salmon allocations 

are also seasonally apportioned with 70 

percent of the allocation for the A 

season pollock fishery, and 30 percent 

of the allocation for the B season 

pollock fishery (§§ 679.21(f)(3)(i) and 

679.23(e)(2)). In 2021, the Chinook 

salmon bycatch performance standard 

under § 679.21(f)(6) is 33,318 Chinook 

salmon, allocated to each sector as 

specified in § 679.21(f)(3)(iii)(D). NMFS 

publishes the approved IPAs, 

allocations, and reports at https://

www.fisheries.noaa.gov/alaska/

sustainable-fisheries/sustainablefisheries-alaska. 

Section 679.21(g)(2)(i) specifies 700 

fish as the 2021 and 2022 Chinook 

salmon PSC limit for the AI pollock 

fishery. Section 679.21(g)(2)(ii) allocates 

7.5 percent, or 53 Chinook salmon, as 

the AI PSQ reserve for the CDQ 

Program, and allocates the remaining 

647 Chinook salmon to the non-CDQ 

fisheries. 

Section 679.21(f)(14)(i) specifies 

42,000 fish as the 2021 and 2022 nonChinook salmon PSC limit for vessels 

using trawl gear from August 15 through 

October 14 in the Catcher Vessel 

Operational Area (CVOA). Section 

679.21(f)(14)(ii) allocates 10.7 percent, 

or 4,494 non-Chinook salmon, in the 

CVOA as the PSQ reserve for the CDQ 

Program, and allocates the remaining 

37,506 non-Chinook salmon in the 

CVOA to the non-CDQ fisheries. 

PSC limits for crab and herring are 

specified annually based on abundance 

and spawning biomass. Due to the lack 

of new information as of October 2020 

regarding herring PSC limits and 

apportionments, the Council 

recommended, and NMFS proposes, 

basing the herring 2021 and 2022 PSC 

limits and apportionments on the 2019 

survey data. The Council will 

reconsider these amounts in December 

2020. Section 679.21(e)(3)(i)(A)(1) 

allocates 10.7 percent of each trawl gear 

PSC limit specified for crab as a PSQ 

reserve for use by the groundfish CDQ 

Program. 

Based on the most recent (2019) 

survey data, the red king crab mature 

female abundance is estimated at 9.668 

million red king crabs, and the effective 

spawning biomass is estimated at 25.120 

million lbs (11,394 mt). Based on the 

criteria set out at § 679.21(e)(1)(i), the 

proposed 2021 and 2022 PSC limit of 

red king crab in Zone 1 for trawl gear 

is 97,000 animals. This limit derives 

from the mature female abundance 

estimate of more than 8.4 million red 

king crab and the effective spawning 

biomass estimate of more than 14.5 

million lbs (6,577 mt) but less than 55 

million lbs (24,948 mt). 

Section 679.21(e)(3)(ii)(B)(2) 

establishes criteria under which NMFS 

must specify an annual red king crab 

bycatch limit for the Red King Crab 

Savings Subarea (RKCSS) if the State 

has established a GHL fishery for red 

king crab in the Bristol Bay area in the 

previous year. The regulations limit the 

bycatch in the RKCSS to up to 25 

percent of the red king crab PSC 

allowance, based on the need to 

optimize the groundfish harvest relative 

to red king crab bycatch. NMFS 

proposes the Council’s recommendation 

that the red king crab bycatch limit 

within the RKCSS for 2021 and 2022 be 

equal to 25 percent of the red king crab 

PSC allowance (Table 9). 

Based on the most recent (2019) 

survey data from the NMFS annual 

bottom trawl survey, Tanner crab 

(Chionoecetes bairdi) abundance is 

estimated at 541 million animals. 

Pursuant to criteria set out at 

§ 679.21(e)(1)(ii), the calculated 2021 

and 2022 C. bairdi crab PSC limit for 

trawl gear is 980,000 animals in Zone 1, 

and 2,970,000 animals in Zone 2. The 

limit in Zone 1 is based on the 

abundance of C. bairdi (estimated at 541 

million animals), which is greater than 

400 million animals. The limit in Zone 

2 is based on the abundance of C. bairdi 

(estimated at 541 million animals), 

which is greater than 400 million 

animals. 

Pursuant to § 679.21(e)(1)(iii), the PSC 

limit for trawl gear for snow crab (C. 

opilio) is based on total abundance as 

indicated by the NMFS annual bottom 

trawl survey. The C. opilio crab PSC 

limit in the C. opilio bycatch limitation 

zone (COBLZ) is set at 0.1133 percent of 

the Bering Sea abundance index minus 

150,000 crabs. Based on the most recent 

(2019) survey estimate of 11.57 billion 

animals, the calculated C. opilio crab 


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PSC limit is 13,108,810 animals. If the 

total abundance times 0.1133 percent is 

greater than 13 million, then the 

maximum PSC is set at 12.850 million 

animals. 

Pursuant to § 679.21(e)(1)(v), the PSC 

limit of Pacific herring caught while 

conducting any trawl operation for BSAI 

groundfish is 1 percent of the annual 

eastern Bering Sea herring biomass. The 

best estimate of 2021 and 2022 herring 

biomass is 253,207 mt. This amount was 

developed by the Alaska Department of 

Fish and Game based on biomass for 

spawning aggregations. Therefore, the 

herring PSC limit proposed for 2021 and 

2022 is 2,532 mt for all trawl gear as 

listed in Tables 8 and 9. 

Section 679.21(e)(3)(i)(A) requires that 

PSQ reserves be subtracted from the 

total trawl PSC limits. The 2021 crab 

and halibut PSC limits assigned to the 

Amendment 80 and BSAI trawl limited 

access sectors are listed in Table 35 to 

50 CFR part 679. The resulting proposed 

allocations of crab and halibut PSC 

limits to CDQ PSQ, the Amendment 80 

sector, and the BSAI trawl limited 

access sector are listed in Table 8. 

Pursuant to §§ 679.21(b)(1)(i), 

679.21(e)(3)(vi), and 679.91(d) through 

(f), crab and halibut trawl PSC limits 

assigned to the Amendment 80 sector 

are then further allocated to 

Amendment 80 cooperatives as 

cooperative quotas. Crab and halibut 

PSC cooperative quotas assigned to 

Amendment 80 cooperatives are not 

allocated to specific fishery categories. 

One Amendment 80 cooperative has 

formed for the 2021 fishing year. 

Because all Amendment 80 vessels are 

part of the cooperative, no PSC limit 

allocation to the Amendment 80 limited 

access sector is required for 2021. The 

2022 PSC limit allocations between 

Amendment 80 cooperatives and the 

Amendment 80 limited access sector 

will not be known until eligible 

participants apply for participation in 

the program by November 1, 2021. 

NMFS will post the 2022 Amendment 

80 cooperatives and Amendment 80 

limited access sector allocations on the 

Alaska Region website at https://

www.fisheries.noaa.gov/alaska/

sustainable-fisheries/sustainablefisheries-alaska prior to the start of the 

fishing year on January 1, 2022, based 

on the harvest specifications effective 

on that date. 

Sections 679.21(b)(2) and (e)(5) 

authorize NMFS, after consulting with 

the Council, to establish seasonal 

apportionments of halibut and crab PSC 

amounts for the BSAI non-trawl, BSAI 

trawl limited access, and Amendment 

80 limited access sectors to maximize 

the ability of the fleet to harvest the 

available groundfish TAC and to 

minimize bycatch. The factors 

considered are (1) seasonal distribution 

of prohibited species, (2) seasonal 

distribution of target groundfish species 

relative to prohibited species 

distribution, (3) prohibited species 

bycatch needs on a seasonal basis 

relevant to prohibited species biomass 

and expected catches of target 

groundfish species, (4) expected 

variations in bycatch rates throughout 

the year, (5) expected changes in 

directed groundfish fishing seasons, (6) 

expected start of fishing effort, and (7) 

economic effects of establishing 

seasonal prohibited species 

apportionments on segments of the 

target groundfish industry. Based on 

this criteria, the Council recommended, 

and NMFS proposes, the seasonal PSC 

apportionments in Tables 10 and 11 to 

maximize harvest among gear types, 

fisheries, and seasons, while 

minimizing bycatch of PSC. 

TABLE 8—PROPOSED 2021 AND 2022 APPORTIONMENT OF PROHIBITED SPECIES CATCH ALLOWANCES TO NON-TRAWL

GEAR, THE CDQ PROGRAM, AMENDMENT 80, AND THE BSAI TRAWL LIMITED ACCESS SECTORS

PSC species and area 1 Total PSC Non-trawl 

PSC 

CDQ PSQ 

reserve 2

Trawl PSC 

remaining after 

CDQ PSQ 

Amendment 

80 sector 3

BSAI trawl 

limited 

access sector 

BSAI PSC 

limits not 

allocated 2

Halibut mortality (mt) 

BSAI ......................... 3,515 710 315 n/a 1,745 745 n/a 

Herring (mt) BSAI ........ 2,532 n/a n/a n/a n/a n/a n/a 

Red king crab (animals) 

Zone 1 ...................... 97,000 n/a 10,379 86,621 43,293 26,489 16,839 

C. opilio (animals) 

COBLZ ...................... 12,850,000 n/a 1,374,950 11,475,050 5,639,987 3,688,081 2,146,982 

C. bairdi crab (animals) 

Zone 1 ...................... 980,000 n/a 104,860 875,140 368,521 411,228 95,390 

C. bairdi crab (animals) 

Zone 2 ...................... 2,970,000 n/a 317,790 2,652,210 627,778 1,241,500 782,932 

1 Refer to § 679.2 for definitions of areas and zones. 

2 The CDQ PSQ reserve for crab species is 10.7 percent of each crab PSC limit. 

3 The Amendment 80 program reduced apportionment of the trawl PSC limits for crab below the total PSC limit. These reductions are not apportioned to other gear types or sectors. 

TABLE 9—PROPOSED 2021 AND 2022 HERRING AND RED KING CRAB SAVINGS SUBAREA PROHIBITED SPECIES CATCH

ALLOWANCES FOR ALL TRAWL SECTORS

Fishery categories Herring (mt) 

BSAI 

Red king crab 

(animals) 

Zone 1 

Yellowfin sole ........................................................................................................................................................... 110 n/a 

Rock sole/flathead sole/Alaska plaice/other flatfish 1 .............................................................................................. 54 n/a 

Greenland turbot/arrowtooth flounder/Kamchatka flounder/sablefish ..................................................................... 7 n/a 

Rockfish ................................................................................................................................................................... 7 n/a 

Pacific cod ............................................................................................................................................................... 13 n/a 

Midwater trawl pollock ............................................................................................................................................. 2,299 n/a 

Pollock/Atka mackerel/other species 2 3 .................................................................................................................. 42 n/a 

Red king crab savings subarea non-pelagic trawl gear 4 ........................................................................................ n/a 24,250 


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TABLE 9—PROPOSED 2021 AND 2022 HERRING AND RED KING CRAB SAVINGS SUBAREA PROHIBITED SPECIES CATCH

ALLOWANCES FOR ALL TRAWL SECTORS—Continued 

Fishery categories Herring (mt) 

BSAI 

Red king crab 

(animals) 

Zone 1 

Total trawl PSC ........................................................................................................................................................ 2,532 97,000 

1 ‘‘Other flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, 

flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole. 2Pollock other than midwater trawl pollock, Atka mackerel, and ‘‘other species’’ fishery category. 

3Other species’’ for PSC monitoring includes skates, sharks, and octopuses. 

4 In October 2020, the Council recommended and NMFS proposes that the red king crab bycatch limit for non-pelagic trawl fisheries within the 

RKCSS be limited to 25 percent of the red king crab PSC allowance (see § 679.21(e)(3)(ii)(B)(2)). 

Note: Species apportionments may not total precisely due to rounding. 

TABLE 10—PROPOSED 2021 AND 2022 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL LIMITED

ACCESS SECTOR

BSAI trawl limited access sector fisheries 

Prohibited species and area 1

Halibut 

mortality 

(mt) BSAI 

Red king crab 

(animals) 

Zone 1 

C. opilio 

(animals) 

COBLZ 

C. bairdi (animals) 

Zone 1 Zone 2 

Yellowfin sole ....................................................................... 150 23,338 3,476,708 346,228 1,185,500 

Rock sole/flathead sole/other flatfish 2 ................................. ........................ ........................ ........................ ........................ ........................

Greenland turbot/arrowtooth flounder/Kamchatka flounder/ 

sablefish ........................................................................... ........................ ........................ ........................ ........................ ........................

Rockfish April 15–December 31 .......................................... 4 ........................ 5,743 ........................ 1,000 

Pacific cod ............................................................................ 391 2,954 148,192 60,000 49,999 

Pollock/Atka mackerel/other species 3 ................................. 200 197 57,438 5,000 5,000 

Total BSAI trawl limited access sector PSC ................ 745 26,489 3,688,081 411,228 1,241,500 

1 Refer to § 679.2 for definitions of areas and zones. 2 ‘‘Other flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, 

flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole. 3 ‘‘Other species’’ for PSC monitoring includes skates, sharks, and octopuses. 

Note: Species apportionments may not total precisely due to rounding. 

TABLE 11—PROPOSED 2021 AND 2022 HALIBUT PROHIBITED SPECIES BYCATCH ALLOWANCES FOR NON-TRAWL

FISHERIES

Halibut mortality (mt) BSAI 

Non-trawl fisheries Seasons Catcher/ 

processor Catcher vessel All Non-Trawl 

Pacific cod ....................................................... Annual Pacific cod ......................................... 648 13 661 

January 1–June 10 ........................................ 388 9 n/a 

June 10–August 15 ........................................ 162 2 n/a 

August 15–December 31 ............................... 98 2 n/a 

Non-Pacific cod non-trawl—Total ................... May 1–December 31 ...................................... n/a n/a 49 

Groundfish pot and jig .................................... n/a .................................................................. n/a n/a Exempt 

Sablefish hook-and-line .................................. n/a .................................................................. n/a n/a Exempt 

Total for all non-trawl PSC ...................... n/a .................................................................. n/a n/a 710 

Halibut Discard Mortality Rates 

To monitor halibut bycatch mortality 

allowances and apportionments, the 

Regional Administrator uses observed 

halibut incidental catch rates, halibut 

discard mortality rates (DMRs), and 

estimates of groundfish catch to project 

when a fishery’s halibut bycatch 

mortality allowance or seasonal 

apportionment is reached. Halibut 

incidental catch rates are based on 

observers’ estimates of halibut 

incidental catch in the groundfish 

fishery. DMRs are estimates of the 

proportion of incidentally caught 

halibut that do not survive after being 

returned to the sea. The cumulative 

halibut mortality that accrues to a 

particular halibut PSC limit is the 

product of a DMR multiplied by the 

estimated halibut PSC. DMRs are 

estimated using the best scientific 

information available in conjunction 

with the annual BSAI stock assessment 

process. The DMR methodology and 

findings are included as an appendix to 

the annual BSAI groundfish SAFE 

report. 

In 2016, the DMR estimation 

methodology underwent revisions per 

the Council’s directive. An interagency 

halibut working group (International 

Pacific Halibut Commission, Council, 

and NMFS staff) developed improved 

estimation methods that have 

undergone review by the Plan Team, 

SSC, and the Council. A summary of the 

revised methodology is included in the 

BSAI proposed 2017 and 2018 harvest 

specifications (81 FR 87863; December 


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6, 2016), and the comprehensive 

discussion of the working group’s 

statistical methodology is available from 

the Council (see ADDRESSES). The DMR 

working group’s revised methodology is 

intended to improve estimation 

accuracy, transparency, and 

transferability used for calculating 

DMRs. The working group will continue 

to consider improvements to the 

methodology used to calculate halibut 

mortality, including potential changes 

to the reference period (the period of 

data used for calculating the DMRs). 

Future DMRs may change based on 

additional years of observer sampling, 

which could provide more recent and 

accurate data and which could improve 

the accuracy of estimation and progress 

on methodology. The methodology will 

continue to ensure that NMFS is using 

DMRs that more accurately reflect 

halibut mortality, which will inform the 

different sectors of their estimated 

halibut mortality and allow specific 

sectors to respond with methods that 

could reduce mortality and, eventually, 

the DMR for that sector. 

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 2-year reference period. 

Comparing the proposed 2021 and 2022 

DMRs to the final DMRs from the 2020 

and 2021 harvest specifications, the 

DMR for motherships and CPs using 

non-pelagic trawl gear increased to 84 

percent from 75 percent, the DMR for 

CVs using non-pelagic trawl gear 

increased to 59 percent from 58 percent, 

the DMR for CPs using hook-and-line 

gear remained at 9 percent, the DMR for 

CVs using hook-and-line gear remained 

at 9 percent, and the DMR for pot gear 

increased to 32 percent from 27 percent. 

Table 12 lists the proposed 2021 and 

2022 DMRs. 

TABLE 12—PROPOSED 2021 AND 2022 PACIFIC HALIBUT DISCARD MORTALITY RATES (DMR) FOR THE BSAI 

Gear Sector 

Halibut discard 

mortality rate 

(percent) 

Pelagic trawl ............................................................................... All ................................................................................................ 100 

Non-pelagic trawl ........................................................................ Mothership and catcher/processor ............................................. 84 

Non-pelagic trawl ........................................................................ Catcher vessel ............................................................................ 59 

Hook-and-line ............................................................................. Catcher vessel ............................................................................ 9 

Hook-and-line ............................................................................. Catcher/processor ...................................................................... 9 

Pot .............................................................................................. All ................................................................................................ 32 

Listed AFA C/P Sideboard Limits 

Pursuant to § 679.64(a), the Regional 

Administrator is responsible for 

restricting the ability of listed AFA CPs 

to engage in directed fishing for 

groundfish species other than pollock to 

protect participants in other groundfish 

fisheries from adverse effects resulting 

from the AFA fishery and from fishery 

cooperatives in the directed pollock 

fishery. These restrictions are set out as 

sideboard limits on catch. On February 

8, 2019, NMFS published a final rule 

(84 FR 2723) that implemented 

regulations to prohibit non-exempt AFA 

CPs from directed fishing for groundfish 

species or species groups subject to 

sideboard limits (see 

§ 679.20(d)(1)(iv)(D) and Table 54 to 50 

CFR part 679). NMFS proposes to 

exempt AFA CPs from a yellowfin sole 

sideboard limit pursuant to 

§ 679.64(a)(1)(v) because the proposed 

2021 and 2022 aggregate ITAC of 

yellowfin sole assigned to the 

Amendment 80 sector and BSAI trawl 

limited access sector is greater than 

125,000 mt. 

Section 679.64(a)(2) and Tables 40 

and 41 to 50 CFR part 679 establish a 

formula for calculating PSC sideboard 

limits for halibut and crab caught by 

listed AFA CPs. The basis for these 

sideboard limits is described in detail in 

the final rules implementing the major 

provisions of the AFA (67 FR 79692; 

December 30, 2002) and Amendment 80 

(72 FR 52668; September 14, 2007). PSC 

species listed in Table 13 that are caught 

by listed AFA CPs participating in any 

groundfish fishery other than pollock 

will accrue against the proposed 2021 

and 2022 PSC sideboard limits for the 

listed AFA CPs. Sections 

679.21(b)(4)(iii), (e)(3)(v), and (e)(7) 

authorize NMFS to close directed 

fishing for groundfish other than 

pollock for listed AFA CPs once a 

proposed 2021 or 2022 PSC sideboard 

limit listed in Table 13 is reached. 

Pursuant to §§ 679.21(b)(1)(ii)(C) and 

(e)(3)(ii)(C), halibut or crab PSC by 

listed AFA CPs while fishing for pollock 

will accrue against the PSC allowances 

annually specified for the pollock/Atka 

mackerel/‘‘other species’’ fishery 

categories, according to 

§§ 679.21(b)(1)(ii)(B) and (e)(3)(iv). 

TABLE 13—PROPOSED 2021 AND 2022 BSAI AMERICAN FISHERIES ACT LISTED CATCHER/PROCESSOR PROHIBITED

SPECIES SIDEBOARD LIMITS

PSC species and area 1 Ratio of PSC 

to total PSC 

Proposed 

2021 and 

2022 PSC 

available to 

trawl vessels 

after subtraction of PSQ 2

Proposed 

2021 and 

2022 CP 

sideboard 

limit 2

BSAI Halibut mortality .................................................................................................................. n/a n/a 286 

Red king crab Zone 1 .................................................................................................................. 0.007 86,621 606 

C. opilio (COBLZ) ........................................................................................................................ 0.153 11,475,050 1,755,683 

C. bairdi Zone 1 ........................................................................................................................... 0.140 875,140 122,520 

C. bairdi Zone 2 ........................................................................................................................... 0.050 2,652,210 132,611 

1 Refer to § 679.2 for definitions of areas and zones. 

2 Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals. 


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AFA CV Sideboard Limits 

Pursuant to § 679.64(b), the Regional 

Administrator is responsible for 

restricting the ability of AFA CVs to 

engage in directed fishing for groundfish 

species other than pollock to protect 

participants in other groundfish 

fisheries from adverse effects resulting 

from the AFA and from fishery 

cooperatives in the pollock directed 

fishery. On February 8, 2019, NMFS 

published a final rule (84 FR 2723) that 

implemented regulations to prohibit 

non-exempt AFA CVs from directed 

fishing for a majority of the groundfish 

species or species groups subject to 

sideboard limits (see 

§ 679.20(d)(1)(iv)(D) and Table 55 to 50 

CFR part 679). The remainder of the 

sideboard limits for non-exempt AFA 

CVs are proposed in Table 14. 

Sections 679.64(b)(3) and (b)(4) 

establish formulas for setting AFA CV 

groundfish and halibut and crab PSC 

sideboard limits for the BSAI. The basis 

for these sideboard limits is described in 

detail in the final rules implementing 

the major provisions of the AFA (67 FR 

79692; December 30, 2002) and 

Amendment 80 (72 FR 52668; 

September 14, 2007). NMFS proposes to 

exempt AFA CVs from a yellowfin sole 

sideboard limit pursuant to 

§ 679.64(b)(6) because the proposed 

2021 and 2022 aggregate ITAC of 

yellowfin sole assigned to the 

Amendment 80 sector and BSAI trawl 

limited access sector is greater than 

125,000 mt. Table 14 lists the proposed 

2021 and 2022 AFA CV sideboard 

limits. 

TABLE 14—PROPOSED 2021 AND 2022 BSAI PACIFIC COD SIDEBOARD LIMITS FOR AMERICAN FISHERIES ACT CATCHER

VESSELS (CVS) 

[Amounts are in metric tons] 

Fishery by area/gear/season 

Ratio of 1995– 

1997 AFA CV 

catch to 1995– 

1997 TAC 

2021 and 

2022 initial 

TAC 

2021 and 

2022 AFA 

catcher vessel 

sideboard 

limits 

BSAI ............................................................................................................................................. n/a n/a n/a 

Trawl gear CV .............................................................................................................................. n/a n/a n/a 

Jan 20–Apr 1 ........................................................................................................................ 0.8609 15,543 13,381 

Apr 1–Jun 10 ........................................................................................................................ 0.8609 2,310 1,989 

Jun 10–Nov 1 ....................................................................................................................... 0.8609 3,151 2,713 

Note: As proposed, § 679.64(b)(6) exempts AFA catcher vessels from a yellowfin sole sideboard limit because the 2021 and 2022 aggregate 

ITAC of yellowfin sole assigned to the Amendment 80 sector and BSAI trawl limited access sector is greater than 125,000 mt. 

Halibut and crab PSC limits listed in 

Table 15 that are caught by AFA CVs 

participating in any groundfish fishery 

other than pollock will accrue against 

the 2021 and 2022 PSC sideboard limits 

for the AFA CVs. Sections 

679.21(b)(4)(iii), (e)(3)(v), and (e)(7) 

authorize NMFS to close directed 

fishing for groundfish other than 

pollock for AFA CVs once a proposed 

2021 and 2022 PSC sideboard limit 

listed in Table 15 is reached. Pursuant 

to §§ 679.21(b)(1)(ii)(C) and (e)(3)(ii)(C), 

halibut or crab PSC by AFA CVs while 

fishing for pollock in the BS will accrue 

against the PSC allowances annually 

specified for the pollock/Atka mackerel/ 

‘‘other species’’ fishery categories under 

§§ 679.21(b)(1)(ii)(B) and (e)(3)(iv). 

TABLE 15—PROPOSED 2021 AND 2022 AMERICAN FISHERIES ACT CATCHER VESSEL PROHIBITED SPECIES CATCH

SIDEBOARD LIMITS FOR THE BSAI 1

PSC species and area 1 Target fishery category 2

AFA catcher 

vessel PSC 

sideboard limit 

ratio 

Proposed 

2021 and 

2022 PSC limit 

after subtraction of PSQ 

reserves 3

Proposed 

2021 and 

2022 AFA 

catcher vessel 

PSC 

sideboard 

limit 3

Halibut ..................................... Pacific cod trawl ..................................................................... n/a n/a 887 

Pacific cod hook-and-line or pot ............................................ n/a n/a 2 

Yellowfin sole total ................................................................. n/a n/a 101 

Rock sole/flathead sole/Alaska plaice/other flatfish 4 ............. n/a n/a 228 

Greenland turbot/arrowtooth flounder/Kamchatka flounder/ 

sablefish.

n/a n/a 

Rockfish .................................................................................. n/a n/a 2 

Pollock/Atka mackerel/other species 5 ................................... n/a n/a 5 

Red king crab Zone 1 ............. n/a ........................................................................................... 0.2990 86,621 25,900 

C. opilio COBLZ ...................... n/a ........................................................................................... 0.1680 11,475,050 1,927,808 

C. bairdi Zone 1 ...................... n/a ........................................................................................... 0.3300 875,140 288,796 

C. bairdi Zone 2 ...................... n/a ........................................................................................... 0.1860 2,652,210 493,311 

1 Refer to § 679.2 for definitions of areas and zones. 

2 Target fishery categories are defined at § 679.21(b)(1)(ii)(B) and (e)(3)(iv). 

3 Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals. 

4 ‘‘Other flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, 

flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole. 5 ‘‘Other species’’ for PSC monitoring includes skates, sharks, and octopuses. 


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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 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 gross receipts not in 

excess of $11 million for all its affiliated 

operations worldwide. A shoreside 

processor primarily involved in seafood 

processing (NAICS code 311710) is 

classified as a small business if it is 

independently owned and operated, is 

not dominant in its field of operation 

(including its affiliates), and has 

combined annual employment, counting 

all individuals employed on a full-time, 

part-time, or other basis, not in excess 

of 750 employees for all its affiliated 

operations worldwide. 

Number and Description of Small 

Entities Regulated by This Proposed 

Rule 

The entities directly regulated by the 

groundfish harvest specifications 

include: (a) Entities operating vessels 

with groundfish Federal fisheries 

permits (FFPs) catching FMP groundfish 

in Federal waters (including those 

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 661 

individual CVs and CPs with gross 

revenues less than or equal to $11 

million as well as six CDQ groups. 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 BSAI are 

members of AFA inshore pollock 

cooperatives, Gulf of Alaska Rockfish 

Program cooperatives, or BSAI Crab 

Rationalization 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 605 small CV and 

56 small CP entities remaining in the 

BSAI groundfish sector. However, the 

estimate of these 605 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, hook-and-line CPs, and pot 

gear CPs are estimated to be $500,000, 

$1.4 million, $2.9 million, $7.0 million, 

and $3.5 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 

prohibited species catch limits for the 

groundfish fishery of the BSAI. 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 MagnusonStevens Act. The establishment of the 

proposed harvest specifications is 

governed by the Council’s harvest 

strategy to govern the catch of 

groundfish in the BSAI. This strategy 

was selected from among five 

alternatives, with the preferred 

alternative harvest strategy being one in 

which the TACs fall within the range of 

ABCs recommended by the SSC. Under 

the preferred harvest strategy, TACs are 

set to a level that falls within the range 

of ABCs recommended by the SSC; the 

sum of the TACs must achieve the OY 

specified in the FMP. While the specific 

numbers that the harvest strategy 

produces may vary from year to year, 

the methodology used for the preferred 

harvest strategy remains constant. 

The TACs associated with 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 sum of all TACs remains within the 

OY for the BSAI consistent with 

§ 679.20(a)(1)(i)(A). Because setting all 

TACs equal to ABCs would cause the 

sum of TACs to exceed an OY of 2 

million mt, TACs for some species or 

species groups are lower than the ABCs 

recommended by the Plan Team and the 

SSC. 

The proposed 2021 and 2022 OFLs 

and ABCs are based on the best 


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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 some 

species and species groups in the BSAI, 

the Council recommended, and NMFS 

proposes, proposed TACs equal to 

proposed ABCs, which is intended to 

maximize harvest opportunities in the 

BSAI. However, NMFS cannot set TACs 

for all species in the BSAI equal to their 

ABCs due to the constraining OY limit 

of two million mt. For this reason, some 

proposed TACs are less than the 

proposed ABCs. The specific reductions 

are reviewed and recommended by the 

Council’s AP, and the Council in turn 

adopted the AP’s TAC 

recommendations for the proposed 2021 

and 2022 TACs. 

Based upon the best available 

scientific data, and in consideration of 

the Council’s objectives of this action, it 

appears that there are no significant 

alternatives to the proposed rule that 

have the potential to accomplish the 

stated objectives of the 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 BSAI, including small 

entities. The action proposes TACs for 

commercially-valuable species in the 

BSAI and allows for the continued 

prosecution of the fishery, thereby 

creating the opportunity for fishery 

revenue. After public process, during 

which the Council solicited input from 

stakeholders, the Council concluded 

that the proposed harvest specifications 

would best accomplish the stated 

objectives articulated in the preamble 

for this proposed rule, and in applicable 

statutes, and would minimize to the 

extent practicable adverse economic 

impacts on the universe of directly 

regulated small entities. 

This action does not modify 

recordkeeping or reporting 

requirements, or duplicate, overlap, or 

conflict with any Federal rules. 

This proposed rule contains no 

information collection requirements 

under the Paperwork Reduction Act of 

1995. 

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. 2020–26598 Filed 12–1–20; 8:45 am] 

BILLING CODE 3510–22–P 


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