Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations 11449 

(v) Delivers a ‘‘health care’’ message 

made by, or on behalf of, a ‘‘covered 

entity’’ or its ‘‘business associate,’’ as 

those terms are defined in the HIPAA 

Privacy Rule, 45 CFR 160.103, and the 

caller makes no more than one call per 

day to each patient’s residential line, up 

to a maximum of three calls combined 

per week to each patient’s residential 

line and honors the called party’s 

request to opt out of future calls as 

required in paragraphs (b) and (d) of this 

section. 

* * * * * 

(b) * * * 

(2) During or after the message, state 

clearly the telephone number (other 

than that of the autodialer or 

prerecorded message player that placed 

the call) of such business, other entity, 

or individual. The telephone number 

provided may not be a 900 number or 

any other number for which charges 

exceed local or long distance 

transmission charges. For telemarketing 

messages and messages made pursuant 

to an exemption under paragraphs 

(a)(3)(ii) through (v) of this section to 

residential telephone subscribers, such 

telephone number must permit any 

individual to make a do-not-call request 

during regular business hours; and 

(3) In every case where the artificial 

or prerecorded-voice telephone message 

is made pursuant to an exemption under 

paragraphs (a)(3)(ii) through (v) of this 

section or includes or introduces an 

advertisement or constitutes 

telemarketing and is delivered to a 

residential telephone line or any of the 

lines or telephone numbers described in 

paragraphs (a)(1)(i) through (iii) of this 

section, provide an automated, 

interactive voice- and/or key pressactivated opt-out mechanism for the 

called person to make a do-not-call 

request, including brief explanatory 

instructions on how to use such 

mechanism, within two (2) seconds of 

providing the identification information 

required in paragraph (b)(1) of this 

section. When the called person elects 

to opt out using such mechanism, the 

mechanism must automatically record 

the called person’s number to the 

caller’s do-not-call list and immediately 

terminate the call. When the artificial or 

prerecorded-voice telephone message is 

left on an answering machine or a voice 

mail service, such message must also 

provide a toll free number that enables 

the called person to call back at a later 

time and connect directly to the 

automated, interactive voice- and/or key 

press-activated opt-out mechanism and 

automatically record the called person’s 

number to the caller’s do-not-call list. 

* * * * * 

(d) No person or entity shall initiate 

any artificial or prerecorded-voice 

telephone call pursuant to an exemption 

under paragraphs (a)(3)(ii) through (v) of 

this section or any call for telemarketing 

purposes to a residential telephone 

subscriber unless such person or entity 

has instituted procedures for 

maintaining a list of persons who 

request not to receive such calls made 

by or on behalf of that person or entity. 

The procedures instituted must meet the 

following minimum standards: 

(1) Written policy. Persons or entities 

making artificial or prerecorded-voice 

telephone calls pursuant to an 

exemption under paragraphs (a)(3)(ii) 

through (v) of this section or calls for 

telemarketing purposes must have a 

written policy, available upon demand, 

for maintaining a do-not-call list. 

(2) Training of personnel. Personnel 

engaged in making artificial or 

prerecorded-voice telephone calls 

pursuant to an exemption under 

paragraphs (a)(3)(ii) through (v) of this 

section or who are engaged in any 

aspect of telemarketing must be 

informed and trained in the existence 

and use of the do-not-call list. 

(3) Recording, disclosure of do-notcall requests. If a person or entity 

making an artificial or prerecordedvoice telephone call pursuant to an 

exemption under paragraphs (a)(3)(ii) 

through (v) of this section or any call for 

telemarketing purposes (or on whose 

behalf such a call is made) receives a 

request from a residential telephone 

subscriber not to receive calls from that 

person or entity, the person or entity 

must record the request and place the 

subscriber’s name, if provided, and 

telephone number on the do-not-call list 

at the time the request is made. Persons 

or entities making such calls (or on 

whose behalf such calls are made) must 

honor a residential subscriber’s do-notcall request within a reasonable time 

from the date such request is made. This 

period may not exceed 30 days from the 

date of such request. If such requests are 

recorded or maintained by a party other 

than the person or entity on whose 

behalf the call is made, the person or 

entity on whose behalf the call is made 

will be liable for any failures to honor 

the do-not-call request. A person or 

entity making an artificial or 

prerecorded-voice telephone call 

pursuant to an exemption under 

paragraphs (a)(3)(ii) through (v) of this 

section or any call for telemarketing 

purposes must obtain a consumer’s 

prior express permission to share or 

forward the consumer’s request not to 

be called to a party other than the 

person or entity on whose behalf a call 

is made or an affiliated entity. 

(4) Identification of callers and 

telemarketers. A person or entity 

making an artificial or prerecordedvoice telephone call pursuant to an 

exemption under paragraphs (a)(3)(ii) 

through (v) of this section or any call for 

telemarketing purposes must provide 

the called party with the name of the 

individual caller, the name of the 

person or entity on whose behalf the 

call is being made, and a telephone 

number or address at which the person 

or entity may be contacted. The 

telephone number provided may not be 

a 900 number or any other number for 

which charges exceed local or long 

distance transmission charges. 

(5) Affiliated persons or entities. In 

the absence of a specific request by the 

subscriber to the contrary, a residential 

subscriber’s do-not-call request shall 

apply to the particular entity making the 

call (or on whose behalf a call is made), 

and will not apply to affiliated entities 

unless the consumer reasonably would 

expect them to be included given the 

identification of the caller and (for 

telemarketing calls) the product being 

advertised. 

(6) Maintenance of do-not-call lists. A 

person or entity making artificial or 

prerecorded-voice telephone calls 

pursuant to an exemption under 

paragraphs (a)(3)(ii) through (v) of this 

section or any call for telemarketing 

purposes must maintain a record of a 

consumer’s request not to receive 

further calls. A do-not-call request must 

be honored for 5 years from the time the 

request is made. 

* * * * * 

[FR Doc. 2021–01190 Filed 2–24–21; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 210217–0022] 

RIN 0648–XY116 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Bering Sea and 

Aleutian Islands; Final 2021 and 2022 

Harvest Specifications for Groundfish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; harvest specifications 

and closures. 

SUMMARY: NMFS announces final 2021 

and 2022 harvest specifications, 

11450 Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations 

apportionments, and prohibited species 

catch allowances for the groundfish 

fishery of the Bering Sea and Aleutian 

Islands management area (BSAI). This 

action is necessary to establish harvest 

limits for groundfish during the 

remainder of the 2021 and the start of 

the 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: Harvest specifications and 

closures are effective from 1200 hours, 

Alaska local time (A.l.t.), February 25, 

2021, through 2400 hours, A.l.t., 

December 31, 2022. 

ADDRESSES: Electronic copies of the 

Alaska Groundfish Harvest 

Specifications Final Environmental 

Impact Statement (EIS), Record of 

Decision (ROD), and the annual 

Supplementary Information Reports 

(SIRs) to the Final EIS prepared for this 

action are available from https://

www.fisheries.noaa.gov/region/alaska. 

The 2020 Stock Assessment and Fishery 

Evaluation (SAFE) report for the 

groundfish resources of the BSAI, dated 

November 2020, as well as the SAFE 

reports for previous years, are available 

from the North Pacific Fishery 

Management Council (Council) at 1007 

West 3rd Ave., Suite #400, Anchorage, 

AK 99501, phone 907–271–2809, or 

from the Council’s website at https://

www.npfmc.org/. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7228. 

SUPPLEMENTARY INFORMATION: Federal 

regulations at 50 CFR part 679 

implement the FMP and govern the 

groundfish fisheries in the BSAI. The 

Council prepared the FMP, and NMFS 

approved it, under the MagnusonStevens Act. General regulations 

governing U.S. fisheries also appear at 

50 CFR part 600. 

The FMP and its implementing 

regulations require NMFS, after 

consultation with the Council, to 

specify annually the total allowable 

catch (TAC) for each target species 

category. The sum of all TAC 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)). This final 

rule specifies the sum of the TAC at 2.0 

million mt for both 2021 and 2022. 

NMFS also must specify 

apportionments of TAC; prohibited 

species catch (PSC) allowances and 

prohibited species quota (PSQ) reserves 

established by § 679.21; seasonal 

allowances of pollock, Pacific cod, and 

Atka mackerel TAC; American Fisheries 

Act allocations; Amendment 80 

allocations; Community Development 

Quota (CDQ) reserve amounts 

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

acceptable biological catch (ABC) 

surpluses and reserves for CDQ groups 

and the Amendment 80 cooperative for 

flathead sole, rock sole, and yellowfin 

sole. The final harvest specifications set 

forth in Tables 1 through 22 of this 

action satisfy these requirements. 

Section 679.20(c)(3)(i) further requires 

that NMFS consider public comment on 

the proposed harvest specifications and, 

after consultation with the Council, 

publish final harvest specifications in 

the Federal Register. The proposed 

2021 and 2022 harvest specifications for 

the groundfish fishery of the BSAI were 

published in the Federal Register on 

December 3, 2020 (85 FR 78096). 

Comments were invited and accepted 

through January 4, 2021. As discussed 

in the Response to Comments section 

below, NMFS received no comments 

during the public comment period for 

the proposed BSAI groundfish harvest 

specifications. 

NMFS consulted with the Council on 

the final 2021 and 2022 harvest 

specifications during the December 

2020 Council meeting. After considering 

public comments, as well as biological 

and socioeconomic data that were 

available at the Council’s December 

meeting, NMFS implements in this final 

rule the final 2021 and 2022 harvest 

specifications as recommended by the 

Council. 

ABC and TAC Harvest Specifications 

The final ABC amounts for Alaska 

groundfish are based on the best 

available biological information, 

including projected biomass trends, 

information on assumed distribution of 

stock biomass, and revised technical 

methods used to calculate stock 

biomass. In general, the development of 

ABCs and overfishing levels (OFLs) 

involves sophisticated statistical 

analyses of fish populations. The FMP 

specifies a series of six tiers to define 

OFL and ABC amounts based on the 

level of reliable information available to 

fishery scientists. Tier 1 represents the 

highest level of information quality 

available, while Tier 6 represents the 

lowest. 

In December 2020, the Council, its 

Scientific and Statistical Committee 

(SSC), and its Advisory Panel (AP) 

reviewed current biological and harvest 

information about the condition of the 

BSAI groundfish stocks. The Council’s 

BSAI Groundfish Plan Team (Plan 

Team) compiled and presented this 

information in the 2020 SAFE report for 

the BSAI groundfish fisheries, dated 

November 2020 (see ADDRESSES). The 

SAFE report contains a review of the 

latest scientific analyses and estimates 

of each species’ biomass and other 

biological parameters, as well as 

summaries of the available information 

on the BSAI ecosystem and the 

economic condition of groundfish 

fisheries off Alaska. NMFS notified the 

public of the comment period for these 

harvest specifications—and of the 

publication of the 2020 SAFE report— 

in the notice of proposed harvest 

specifications. From the data and 

analyses in the SAFE report, the Plan 

Team recommended an OFL and ABC 

for each species or species group at the 

November 2020 Plan Team meeting. 

In December 2020, the SSC, AP, and 

Council reviewed the Plan Team’s 

recommendations. The final TAC 

recommendations were based on the 

ABCs, and were adjusted for other 

biological and socioeconomic 

considerations, including maintaining 

the sum of all the TACs within the 

required OY range of 1.4 million to 2.0 

million mt. As required by annual catch 

limit rules for all fisheries (74 FR 3178, 

January 16, 2009), none of the Council’s 

recommended 2021 or 2022 TACs 

exceed the final 2021 or 2022 ABCs for 

any species or species group. NMFS 

finds that the Council’s recommended 

OFLs, ABCs, and TACs are consistent 

with the preferred harvest strategy 

outlined in the FMP and the biological 

condition of groundfish stocks as 

described in the 2020 SAFE report that 

was approved by the Council. Therefore, 

this final rule provides notice that the 

Secretary of Commerce approves the 

final 2021 and 2022 harvest 

specifications as recommended by the 

Council. 

The 2021 harvest specifications set in 

this final action will supersede the 2021 

harvest specifications previously set in 

the final 2020 and 2021 harvest 

specifications (85 FR 13553, March 9, 

2020). The 2022 harvest specifications 

herein will be superseded in early 2022 

when the final 2022 and 2023 harvest 

specifications are published. Pursuant 

to this final action, the 2021 harvest 

specifications therefore will apply for 

the remainder of the current year (2021), 

Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations 11451 

while the 2022 harvest specifications 

are projected only for the following year 

(2022) and will be superseded in early 

2022 by the final 2022 and 2023 harvest 

specifications. Because this final action 

(published in early 2021) will be 

superseded in early 2022 by the 

publication of the final 2022 and 2023 

harvest specifications, it is projected 

that this final action will implement the 

harvest specifications for the BSAI for 

approximately one year. 

Other Actions Affecting the 2021 and 

2022 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) equal to 10 percent of the Pacific 

cod ABC in the BS. The State’s pot gear 

BS GHL will increase one percent 

annually up to 15 percent of the BS 

ABC, if 90 percent of the GHL is 

harvested by November 15 of the 

preceding year. If 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 as the 2021 

BS GHL (10 percent). 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 in the BS. The Council and 

its Plan Team, SSC, and AP 

recommended that the sum of all State 

and Federal water Pacific cod removals 

from the BS not exceed the ABC 

recommendations for Pacific cod in the 

BS. Accordingly, the Council 

recommended, and NMFS approves, 

that the 2021 and 2022 Pacific cod TACs 

in the BS account for the State’s GHLs 

for Pacific cod caught in State waters in 

the BS. 

For 2021 and 2022, the BOF for the 

State established the GHL in State 

waters in the Aleutian Islands subarea 

(AI) equal to 39 percent of the AI ABC. 

The AI GHL will increase annually by 

4 percent of the AI ABC, if 90 percent 

of the GHL is harvested by November 15 

of the preceding year, but may not 

exceed 39 percent of the AI ABC or 15 

million pounds (6,804 mt). For 2021, 39 

percent of the 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 ABC recommendations for 

Pacific cod in the AI. Accordingly, the 

Council recommended, and NMFS 

approves, 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 in the AI. 

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 OFL, ABC, and TAC for 

sculpins in the BSAI groundfish harvest 

specifications, beginning with the 2021 

and 2022 harvest specifications. 

Changes From the Proposed 2021 and 

2022 Harvest Specifications for the 

BSAI 

The Council’s recommendations for 

the proposed 2021 and 2022 harvest 

specifications (85 FR 78096, December 

3, 2020) were based largely on 

information contained in the 2019 SAFE 

report for the BSAI groundfish fisheries. 

Through the proposed harvest 

specifications, NMFS notified the public 

that these harvest specifications could 

change, as the Council would consider 

information contained in the 2020 SAFE 

report; recommendations from the Plan 

Team, SSC, and AP; and public 

comments when making its 

recommendations for final harvest 

specifications at the December 2020 

Council meeting. NMFS further notified 

the public that, as required by the FMP 

and its implementing regulations, the 

sum of the TACs must be within the OY 

range of 1.4 million and 2.0 million mt. 

Information contained in the 2020 

SAFE report indicates biomass changes 

from the 2019 SAFE report for several 

groundfish species. The 2020 report was 

made available for public review during 

the public comment period for the 

proposed harvest specifications. At the 

December 2020 Council meeting, the 

SSC recommended the 2021 and 2022 

OFLs and ABCs based on the best and 

most recent information contained in 

the 2020 SAFE report. The SSC 

recommended slight model adjustments 

for Eastern BS pollock, but accepted 

Plan Team recommendations for all 

other species, except for BS Pacific cod 

and sablefish. The SSC’s 

recommendation resulted in an ABC 

sum total for all BSAI groundfish 

species in excess of 2.0 million mt for 

both 2021 and 2022. 

Revisions to the Sablefish 

Apportionment of the ABC 

The Alaska-wide sablefish ABC is 

apportioned between six areas within 

the BSAI and Gulf of Alaska (BS, AI, 

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 will be 

used for 2021 and 2022 that affects the 

apportionment of sablefish ABC and the 

area TACs that are allocated between 

the trawl and fixed gear sectors. The 

Joint BSAI and GOA Groundfish Plan 

Team, SSC, and Council reviewed a 

range of apportionment approaches for 

the sablefish ABC for the harvest 

specifications, including a range from 

the status quo (fixed apportionment) 

and the sablefish assessment authors’ 

recommended non-exponential 5-year 

survey moving average. The Joint Plan 

Team recommended that, to the extent 

practical, moving away from the fixed 

apportionment to the true distribution 

of the stock would be preferred from a 

biological perspective. The SSC 

recommended a 25 percent stair step 

from the current (fixed) apportionment 

percentages toward the non-exponential 

5-year survey moving average proposed 

by the assessment authors. The Council 

and NMFS have adopted the SSC’s 

recommendation for the 2021 and 2022 

ABC apportionments. For 2021 this 

increases the ABC apportionments in all 

areas (for example, up to 60 percent in 

the AI subarea), with smaller increases 

in areas that have recently been 

apportioned a greater percentage under 

the fixed apportionment methodology 

than suggested by recent survey 

observations (for example, only a 17 

percent increase in the East Yakutat/ 

Southeast area). In addition, the final 

2021 TACs for the BS and AI areas both 

increased relative to the proposed 2021 

TACs, in part due to the change in 

apportionment methodology. 

Based on decreased fishing effort in 

2020, the Council recommends final BS 

pollock TACs decrease by 75,000 mt in 

2021 and 50,000 mt in 2022 compared 

to the proposed 2021 and 2022 BS 

pollock TACs. In terms of weight, the 

largest increases in final 2021 TACs 

relative to the proposed 2021 TACs 

include BS Pacific cod and BSAI 

yellowfin sole. For Pacific cod, the 2021 

TAC increase is in response to the 

increase in the 2021 ABC and the 

Council’s recommendation of the 

highest TAC after accounting for the 

State’s GHL. For yellowfin sole, the 

increase is in response to the 

11452 Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations 

anticipated larger directed fisheries 

based on anticipated market demand. 

Other increases in the final 2021 TACs 

relative to the proposed 2021 TACs 

include Bogoslof pollock, AI Greenland 

turbot, AI ‘‘other rockfish,’’ AI sablefish, 

BS sablefish, BSAI arrowtooth flounder, 

BSAI Kamchatka flounder, BSAI rock 

sole, BSAI flathead sole, BSAI Alaska 

plaice, BSAI ‘‘other flatfish,’’ Western 

Aleutian Islands (WAI) Pacific ocean 

perch, BSAI northern rockfish, Bering 

Sea and Eastern Aleutian Islands (BS/ 

EAI) blackspotted/rougheye rockfish, 

BSAI shortraker rockfish, Eastern 

Aleutian Islands and Bering Sea (EAI/ 

BS) Atka mackerel, WAI Atka mackerel, 

Central Aleutian Islands (CAI) Atka 

mackerel, and BSAI skates. The 2021 

increases account for higher interest in 

directed fishing or higher anticipated 

incidental catch needs. 

Decreases in final 2021 TACs 

compared to the proposed 2021 TACs 

include BS pollock, BS Pacific ocean 

perch, CAI Pacific ocean perch, EAI 

Pacific ocean perch, Central Aleutian 

Islands/Western Aleutian Islands (CAI/ 

WAI) blackspotted and rougheye 

rockfish, and BS ‘‘other rockfish.’’ The 

decreases are for anticipated lower 

incidental catch needs of these species 

and lower ABCs relative to 2020. The 

changes to TACs between the proposed 

and final harvest specifications are 

based on the most recent scientific and 

socioeconomic information and are 

consistent with the FMP, regulatory 

obligations, and harvest strategy as 

described in the proposed and final 

harvest specifications, including the 

upper limit for OY of 2.0 million mt. 

These changes are compared in Table 

1A. 

Table 1 lists the Council’s 

recommended final 2021 OFL, ABC, 

TAC, initial TAC (ITAC), CDQ reserve 

allocations, and non-specified reserves 

of the BSAI groundfish species or 

species groups; and Table 2 lists the 

Council’s recommended final 2022 OFL, 

ABC, TAC, ITAC, CDQ reserve 

allocations, and non-specified reserves 

of the BSAI groundfish species or 

species groups. NMFS concurs in these 

recommendations. These final 2021 and 

2022 TAC amounts for the BSAI are 

within the OY range established for the 

BSAI and do not exceed the ABC for any 

species or species group. The 

apportionment of TAC amounts among 

fisheries and seasons is discussed 

below. 

TABLE 1—FINAL 2021 OVERFISHING LEVEL (OFL), ACCEPTABLE BIOLOGICAL CATCH (ABC), TOTAL ALLOWABLE CATCH

(TAC), INITIAL TAC (ITAC), CDQ RESERVE ALLOCATION, AND NON-SPECIFIED RESERVE OF GROUNDFISH IN THE BSAI 1

[Amounts are in metric tons] 

Species Area 

2021 

OFL ABC TAC ITAC 2 CDQ 3 Nonspecified 

reserves 

Pollock 4 ....................... BS .................. 2,594,000 1,626,000 1,375,000 1,237,500 137,500 ........................

AI ................... 61,856 51,241 19,000 17,100 1,900 ........................

Bogoslof ......... 113,479 85,109 250 250 ........................ ........................

Pacific cod 5 ................. BS .................. 147,949 123,805 111,380 99,462 11,918 ........................

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

Sablefish 6 .................... Alaska-wide ... 60,426 29,588 n/a n/a n/a ........................

BS .................. n/a 3,396 3,396 2,802 467 127 

AI ................... n/a 4,717 4,717 3,833 796 88 

Yellowfin sole ............... BSAI ............... 341,571 313,477 200,000 178,600 21,400 ........................

Greenland turbot .......... BSAI ............... 8,568 7,326 6,025 5,121 n/a ........................

BS .................. n/a 6,176 5,125 4,356 548 220 

AI ................... n/a 1,150 900 765 ........................ 135 

Arrowtooth flounder ..... BSAI ............... 90,873 77,349 15,000 12,750 1,605 645 

Kamchatka flounder ..... BSAI ............... 10,630 8,982 8,982 7,635 ........................ 1,347 

Rock sole 7 ................... BSAI ............... 145,180 140,306 54,500 48,669 5,832 ........................

Flathead sole 8 ............. BSAI ............... 75,863 62,567 25,000 22,325 2,675 ........................

Alaska plaice ................ BSAI ............... 37,924 31,657 24,500 20,825 ........................ 3,675 

Other flatfish 9 .............. BSAI ............... 22,919 17,189 6,500 5,525 ........................ 975 

Pacific ocean perch ..... BSAI ............... 44,376 37,173 35,899 31,594 n/a ........................

BS .................. n/a 10,782 10,782 9,165 ........................ 1,617 

EAI ................. n/a 8,419 8,419 7,518 901 ........................

CAI ................. n/a 6,198 6,198 5,535 663 ........................

WAI ................ n/a 11,774 10,500 9,377 1,124 ........................

Northern rockfish ......... BSAI ............... 18,917 15,557 13,000 11,050 ........................ 1,950 

Blackspotted/Rougheye 

rockfish 10.

BSAI ............... 576 482 482 410 ........................ 72 

BS/EAI ........... n/a 313 313 266 ........................ 47 

CAI/WAI ......... n/a 169 169 144 ........................ 25 

Shortraker rockfish ....... BSAI ............... 722 541 500 425 ........................ 75 

Other rockfish 11 ........... BSAI ............... 1,751 1,313 916 779 ........................ 137 

BS .................. n/a 919 522 444 ........................ 78 

AI ................... n/a 394 394 335 ........................ 59 

Atka mackerel .............. BSAI ............... 85,580 73,590 62,257 55,596 6,661 ........................

BS/EAI ........... n/a 25,760 25,760 23,004 2,756 ........................

CAI ................. n/a 15,450 15,450 13,797 1,653 ........................

WAI ................ n/a 32,380 21,047 18,795 2,252 ........................

Skates .......................... BSAI ............... 49,297 41,257 18,000 15,300 ........................ 2,700 

Sharks .......................... BSAI ............... 689 517 200 170 ........................ 30 

Octopuses .................... BSAI ............... 4,769 3,576 700 595 ........................ 105 

Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations 11453 

TABLE 1—FINAL 2021 OVERFISHING LEVEL (OFL), ACCEPTABLE BIOLOGICAL CATCH (ABC), TOTAL ALLOWABLE CATCH

(TAC), INITIAL TAC (ITAC), CDQ RESERVE ALLOCATION, AND NON-SPECIFIED RESERVE OF GROUNDFISH IN THE

BSAI 1—Continued 

[Amounts are in metric tons] 

Species Area 

2021 

OFL ABC TAC ITAC 2 CDQ 3 Nonspecified 

reserves 

Total ...................... 3,945,315 2,747,727 2,000,000 1,790,634 195,466 13,900 

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, BS includes the Bogoslof District. 2Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and Amendment 80 species (Atka mackerel, yellowfin sole, rock sole, flathead sole, Pacific cod, and AI 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 footnotes 3 and 4). 3For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and AI 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 BS Greenland turbot 

and arrowtooth flounder are reserved for use by CDQ participants (see § 679.20(b)(1)(ii)(B) and (D)). AI Greenland turbot, ‘‘other flatfish,’’ Alaska 

plaice, BS Pacific ocean perch, northern rockfish, shortraker rockfish, blackspotted/rougheye rockfish, Kamchatka flounder, ‘‘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 (4 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 (2,500 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, except 39 percent of the AI ABC exceeds the State guideline harvest level of 15 million pounds (6,804 mt), in which case 

the TAC is set to account for the State guideline harvest level of 6,804 mt. 6The sablefish OFL and ABC is Alaska-wide and includes the Gulf of Alaska. 

7 ‘‘Rock sole’’ includes Lepidopsetta polyxystra (Northern rock sole) and L. bilineata (Southern rock sole). 8 ‘‘Flathead sole’’ includes Hippoglossoides elassodon (flathead sole) and H. robustus (Bering flounder). 9 ‘‘Other flatfish’’ includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole. 10 ‘‘Blackspotted/Rougheye rockfish’’ includes Sebastes melanostictus (blackspotted) and S. aleutianus (rougheye). 11 ‘‘Other rockfish’’ includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean perch, northern rockfish, 

blackspotted/rougheye rockfish, and shortraker rockfish. 

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). 

TABLE 1A—COMPARISON OF FINAL 2021 AND 2022 WITH PROPOSED 2021 AND 2022 TOTAL ALLOWABLE CATCH IN THE

BSAI 

[Amounts are in metric tons] 

Species Area 1 2021 final 

TAC 

2021 

proposed 

TAC 

2021 

difference 

from 

proposed 

2021 

percentage 

difference 

from 

proposed 

2022 final 

TAC 

2022 

proposed 

TAC 

2022 

difference 

from 

proposed 

2022 

percentage 

difference 

from 

proposed 

Pollock ...................... BS .............. 1,375,000 1,450,000 (75,000) (5.2) 1,400,000 1,450,000 (50,000) (3.4) 

AI ................ 19,000 19,000 ........................ ........................ 19,000 19,000 ........................ ........................

Bogoslof ..... 250 75 175 233.3 100 75 25 33.3 

Pacific cod ................ BS .............. 111,380 92,633 18,747 20.2 95,053 92,633 2,420 2.6 

AI ................ 13,796 13,796 ........................ ........................ 13,796 13,796 ........................ ........................

Sablefish ................... BS .............. 3,396 2,865 531 18.5 4,863 2,865 1,998 69.7 

AI ................ 4,717 2,500 2,217 88.7 5,061 2,500 2,561 102.4 

Yellowfin sole ............ BSAI ........... 200,000 168,900 31,100 18.4 200,000 168,900 31,100 18.4 

Greenland turbot ....... BS .............. 5,125 5,125 ........................ ........................ 5,125 5,125 ........................ ........................

AI ................ 900 670 230 34.3 900 670 230 34.3 

Arrowtooth flounder .. BSAI ........... 15,000 10,000 5,000 50.0 15,000 10,000 5,000 50.0 

Kamchatka flounder .. BSAI ........... 8,982 7,116 1,866 26.2 8,982 7,116 1,866 26.2 

Rock sole .................. BSAI ........... 54,500 49,000 5,500 11.2 54,500 49,000 5,500 11.2 

Flathead sole ............ BSAI ........... 25,000 24,000 1,000 4.2 25,000 24,000 1,000 4.2 

Alaska plaice ............ BSAI ........... 24,500 24,000 500 2.1 22,500 24,000 (1,500) (6.3) 

Other flatfish ............. BSAI ........... 6,500 5,000 1,500 30.0 6,500 5,000 1,500 30.0 

Pacific ocean perch .. BS .............. 10,782 13,600 (2,818) (20.7) 10,298 13,600 (3,302) (24.3) 

EAI ............. 8,419 10,619 (2,200) (20.7) 8,041 10,619 (2,578) (24.3) 

CAI ............. 6,198 7,817 (1,619) (20.7) 5,919 7,817 (1,898) (24.3) 

WAI ............ 10,500 10,000 500 5.0 10,500 10,000 500 5.0 

Northern rockfish ...... BSAI ........... 13,000 10,000 3,000 30.0 13,000 10,000 3,000 30.0 

Blackspotted and 

Rougheye rockfish.

BS/EAI ........ 313 100 213 213.0 150 100 50 50.0 

CAI/WAI ..... 169 339 (170) (50.1) 176 339 (163) (48.1) 

Shortraker rockfish ... BSAI ........... 500 375 125 33.3 225 375 (150) (40.0) 

Other rockfish ........... BS .............. 522 700 (178) (25.4) 300 700 (400) (57.1) 

AI ................ 394 388 6 1.5 394 388 6 1.5 

Atka mackerel ........... EAI/BS ........ 25,760 22,540 3,220 14.3 23,880 22,540 1,340 5.9 

CAI ............. 15,450 13,524 1,926 14.2 14,330 13,524 806 6.0 

11454 Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations 

TABLE 1A—COMPARISON OF FINAL 2021 AND 2022 WITH PROPOSED 2021 AND 2022 TOTAL ALLOWABLE CATCH IN THE

BSAI—Continued 

[Amounts are in metric tons] 

Species Area 1 2021 final 

TAC 

2021 

proposed 

TAC 

2021 

difference 

from 

proposed 

2021 

percentage 

difference 

from 

proposed 

2022 final 

TAC 

2022 

proposed 

TAC 

2022 

difference 

from 

proposed 

2022 

percentage 

difference 

from 

proposed 

WAI ............ 21,047 18,418 2,629 14.3 19,507 18,418 1,089 5.9 

Skates ....................... BSAI ........... 18,000 16,000 2,000 12.5 16,000 16,000 ........................ ........................

Sharks ....................... BSAI ........... 200 200 ........................ ........................ 200 200 ........................ ........................

Octopuses ................. BSAI ........... 700 700 ........................ ........................ 700 700 ........................ ........................

Total ................... BSAI ........... 2,000,000 2,000,000 ........................ ........................ 2,000,000 2,000,000 ........................ ........................

1Bering Sea subarea (BS), Aleutian Islands subarea (AI), Bering Sea and Aleutian Islands management area (BSAI), Eastern Aleutian District (EAI), Central Aleutian District (CAI), and Western Aleutian District (WAI). 

TABLE 2—FINAL 2022 OVERFISHING LEVEL (OFL), ACCEPTABLE BIOLOGICAL CATCH (ABC), TOTAL ALLOWABLE CATCH

(TAC), INITIAL TAC (ITAC), CDQ RESERVE ALLOCATION, AND NON-SPECIFIED RESERVES OF GROUNDFISH IN THE BSAI 1

[Amounts are in metric tons] 

Species Area 

2022 

OFL ABC TAC ITAC 2 CDQ 3 Non-specified 

Reserves 

Pollock 4 ....................... BS .................. 2,366,000 1,484,000 1,400,000 1,260,000 140,000 ........................

AI ................... 61,308 50,789 19,000 17,100 1,900 ........................

Bogoslof ......... 113,479 85,109 100 100 ........................ ........................

Pacific cod 5 ................. BS .................. 128,340 106,852 95,053 84,882 10,171 ........................

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

Sablefish 6 .................... Alaska-wide ... 70,710 36,955 n/a n/a n/a ........................

BS .................. n/a 4,863 4,863 2,067 182 2,614 

AI ................... n/a 6,860 5,061 1,075 95 3,891 

Yellowfin sole ............... BSAI ............... 374,982 344,140 200,000 178,600 21,400 ........................

Greenland turbot .......... BSAI ............... 7,181 6,139 6,025 5,121 n/a ........................

BS .................. n/a 5,175 5,125 4,356 548 220 

AI ................... n/a 964 900 765 ........................ 135 

Arrowtooth flounder ..... BSAI ............... 94,368 80,323 15,000 12,750 1,605 645 

Kamchatka flounder ..... BSAI ............... 10,843 9,163 8,982 7,635 ........................ 1,347 

Rock sole 7 ................... BSAI ............... 213,783 206,605 54,500 48,669 5,832 ........................

Flathead sole 8 ............. BSAI ............... 77,763 64,119 25,000 22,325 2,675 ........................

Alaska plaice ................ BSAI ............... 36,928 30,815 22,500 19,125 ........................ 3,375 

Other flatfish 9 .............. BSAI ............... 22,919 17,189 6,500 5,525 ........................ 975 

Pacific ocean perch ..... BSAI ............... 42,384 35,503 34,758 30,596 n/a ........................

BS .................. n/a 10,298 10,298 8,753 ........................ 1,545 

EAI ................. n/a 8,041 8,041 7,181 860 ........................

CAI ................. n/a 5,919 5,919 5,286 633 ........................

WAI ................ n/a 11,245 10,500 9,377 1,124 ........................

Northern rockfish ......... BSAI ............... 18,221 14,984 13,000 11,050 ........................ 1,950 

Blackspotted/Rougheye 

rockfish 10.

BSAI ............... 595 500 326 277 ........................ 49 

BS/EAI ........... n/a 324 150 128 ........................ 23 

CAI/WAI ......... n/a 176 176 150 ........................ 26 

Shortraker rockfish ....... BSAI ............... 722 541 225 191 ........................ 34 

Other rockfish 11 ........... BSAI ............... 1,751 1,313 694 590 ........................ 104 

BS .................. n/a 919 300 255 ........................ 45 

AI ................... n/a 394 394 335 ........................ 59 

Atka mackerel .............. BSAI ............... 79,660 68,220 57,717 51,541 6,176 ........................

EAI/BS ........... n/a 23,880 23,880 21,325 2,555 ........................

CAI ................. n/a 14,330 14,330 12,797 1,533 ........................

WAI ................ n/a 30,010 19,507 17,420 2,087 ........................

Skates .......................... BSAI ............... 47,372 39,598 16,000 13,600 ........................ 2,400 

Sharks .......................... BSAI ............... 689 517 200 170 ........................ 30 

Octopuses .................... BSAI ............... 4,769 3,576 700 595 ........................ 105 

Total ...................... 3,802,167 2,682,318 2,000,000 1,785,904 194,677 19,419 

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 BS includes the Bogoslof District. 2Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and AI 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 footnotes 3 and 4). 

Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations 11455 

3For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and AI 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 BS Greenland turbot 

and arrowtooth flounder are reserved for use by CDQ participants (see § 679.20(b)(1)(ii)(B) and (D)). The 2022 hook-and-line or pot gear portion 

of the sablefish ITAC and CDQ reserve will not be specified until the final 2022 and 2023 harvest specifications. AI Greenland turbot, ‘‘other flatfish,’’ Alaska plaice, BS Pacific ocean perch, Kamchatka flounder, northern rockfish, shortraker rockfish, blackspotted/rougheye rockfish, ‘‘other 

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

for the incidental catch allowance (4 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 (2,500 mt), is allocated to the Aleut Corporation for a 

pollock directed fishery. 5Assuming an increase in the 2022 guideline harvest level based on the actual 2021 harvest, the 2022 BS Pacific cod TAC is set to account 

for the 11 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 2022 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, except 39 percent of 

the AI ABC exceeds the State guideline harvest level of 15 million pounds (6,804 mt), in which case the TAC is set to account for the State 

guideline harvest level of 6,804 mt. 6The sablefish OFL and ABC is Alaska-wide and includes the Gulf of Alaska. 

7 ‘‘Rock sole’’ includes Lepidopsetta polyxystra (Northern rock sole) and L. bilineata (Southern rock sole). 8 ‘‘Flathead sole’’ includes Hippoglossoides elassodon (flathead sole) and H. robustus (Bering flounder). 9 ‘‘Other flatfish’’ includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole. 10 ‘‘Blackspotted/Rougheye rockfish’’ includes Sebastes melanostictus (blackspotted) and S. aleutianus (rougheye). 11 ‘‘Other rockfish’’ includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean perch, northern rockfish, 

blackspotted/rougheye rockfish, and shortraker rockfish. 

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 Aleu tian 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 that 

NMFS reserve 15 percent of the TAC for 

each target species (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 hook-and-line 

or pot gear allocation of sablefish to the 

fixed-gear sablefish CDQ reserve for 

each subarea. Section 679.20(b)(1)(ii)(D) 

requires that NMFS allocate 7.5 percent 

of the trawl gear allocations of sablefish 

in the BS and AI and 10.7 percent of the 

BS Greenland turbot and arrowtooth 

flounder TACs to the respective CDQ 

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

requires that NMFS allocate 10.7 

percent of the TACs for Atka mackerel, 

AI Pacific ocean perch, yellowfin sole, 

rock sole, flathead sole, and Pacific cod 

to the respective CDQ reserves. Sections 

679.20(a)(5)(i)(A) and 679.31(a) also 

require that 10 percent of the BS pollock 

TAC be allocated to the pollock CDQ 

directed fishing allowance (DFA). 

Sections 679.20(a)(5)(iii)(B)(2)(i) and 

679.31(a) require that 10 percent of the 

AI pollock TAC be allocated to the 

pollock CDQ DFA. The entire Bogoslof 

District pollock TAC is allocated as an 

ICA pursuant to § 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 allocations by gear. 

Pursuant to § 679.20(a)(5)(i)(A)(1), 

NMFS allocates a pollock ICA of 4 

percent of the BS pollock TAC after 

subtracting the 10 percent CDQ DFA. 

This allowance is based on NMFS’s 

examination of the pollock incidental 

catch, including the incidental catch by 

CDQ vessels, in target fisheries other 

than pollock from 2000 through 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 

establishes a pollock ICA of 2,500 mt of 

the AI pollock TAC after subtracting the 

10 percent CDQ DFA. This allowance is 

based on NMFS’s examination of the 

pollock incidental catch, including the 

incidental catch by CDQ vessels, in 

target fisheries other than pollock from 

2003 through 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 9 percent. 

Pursuant to § 679.20(a)(8) and (10), 

NMFS allocates ICAs of 3,000 mt of 

flathead sole, 6,000 mt of rock sole, 

4,000 mt of yellowfin sole, 10 mt of WAI 

Pacific ocean perch, 60 mt of CAI 

Pacific ocean perch, 100 mt of EAI 

Pacific ocean perch, 20 mt of WAI Atka 

mackerel, 75 mt of CAI Atka mackerel, 

and 800 mt of EAI and BS Atka 

mackerel TAC after subtracting the 10.7 

percent CDQ reserve. These ICA 

allowances are based on NMFS’s 

examination of the incidental catch in 

other target fisheries from 2003 through 

2020. 

The regulations do not designate the 

remainder of the non-specified reserve 

by species or species group. Any 

amount of the reserve may be 

apportioned to a target species that 

contributed to the non-specified 

reserves during the year, provided that 

such apportionments are consistent 

with § 679.20(a)(3) and do not result in 

overfishing (see § 679.20(b)(1)(i)). The 

Regional Administrator has determined 

that the ITACs specified for certain 

species listed in Tables 1 and 2 need to 

be supplemented from the non-specified 

reserve because U.S. fishing vessels 

have demonstrated the capacity to catch 

the full TAC allocations. Therefore, in 

accordance with § 679.20(b), NMFS is 

apportioning the amounts shown in 

Table 3 from the non-specified reserve 

to increase the ITAC for AI ‘‘other 

rockfish’’ by 15 percent of the ‘‘other 

rockfish’’ TAC in 2021 and 2022. 

11456 Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations 

TABLE 3—FINAL 2021 AND 2022 APPORTIONMENT OF NON-SPECIFIED RESERVES TO ITAC CATEGORIES

[Amounts are in metric tons] 

Species-area or subarea 2021 ITAC 2021 reserve 

amount 2021 final TAC 2022 ITAC 2022 reserve amount 2022 final TAC 

Other rockfish-Aleutian Islands subarea .. 335 59 394 335 59 394 

Total .................................................. 335 59 394 335 59 394 

Allocation of Pollock TAC Under the 

American Fisheries Act (AFA) 

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

the BS pollock TAC be apportioned as 

a DFA, after subtracting 10 percent for 

the CDQ program and 4 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–June 10), 

and 55 percent of the DFA is allocated 

to the B season (June 10–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 2,500 mt for the ICA 

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

total A season apportionment of the 

TAC (including the AI directed fishery 

allocation, the CDQ DFA, and the ICA) 

may equal up to 40 percent of the ABC 

for AI pollock, and the remainder of the 

TAC is allocated to the B season 

(§ 679.20(a)(5)(iii)(B)(3)). Tables 4 and 5 

list these 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) also 

includes several specific requirements 

regarding BS pollock allocations. First, 

it requires that 8.5 percent of the 

pollock allocated to the CP sector be 

available for harvest by AFA catcher 

vessels (CVs) with CP sector 

endorsements, unless the Regional 

Administrator receives a cooperative 

contract that allows for the distribution 

of harvest among AFA CPs and AFA 

CVs in a manner agreed to by all 

members. Second, AFA CPs not listed in 

the AFA are limited to harvesting not 

more than 0.5 percent of the pollock 

allocated to the CP sector. Tables 4 and 

5 list the 2021 and 2022 allocations of 

pollock TAC. Table 20 lists the AFA CP 

prohibited species sideboard limits, and 

Tables 21 and 22 list the AFA CV 

groundfish and prohibited species 

sideboard limits. The tables for the 

pollock allocations to the BS inshore 

pollock cooperatives and open access 

sector will be posted on the Alaska 

Region website at https://

www.fisheries.noaa.gov/alaska/ 

sustainable-fisheries/alaska-groundfishfisheries-management. 

Tables 4 and 5 also list seasonal 

apportionments of pollock and harvest 

limits within the Steller Sea Lion 

Conservation Area (SCA). The harvest of 

pollock within the SCA, as defined at 

§ 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 

apportioned to each sector in proportion 

to each sector’s allocated percentage of 

the DFA. 

TABLE 4—FINAL 2021 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 

Allocations 

2021 A season 1 2021 B 

season 1

A season DFA SCA harvest 

limit 2 B season DFA 

Bering Sea subarea TAC 1 .............................................................................. 1,375,000 n/a n/a n/a 

CDQ DFA ......................................................................................................... 137,500 61,875 38,500 75,625 

ICA1 ................................................................................................................. 49,500 n/a n/a n/a 

Total Bering Sea non-CDQ DFA ..................................................................... 1,188,000 534,600 332,640 653,400 

AFA Inshore ..................................................................................................... 594,000 267,300 166,320 326,700 

AFA Catcher/Processors 3 ............................................................................... 475,200 213,840 133,056 261,360 

Catch by CPs ........................................................................................... 434,808 195,664 n/a 239,144 

Catch by CVs 3 ......................................................................................... 40,392 18,176 n/a 22,216 

Unlisted CP Limit 4 .................................................................................... 2,376 1,069 n/a 1,307 

AFA Motherships ............................................................................................. 118,800 53,460 33,264 65,340 

Excessive Harvesting Limit 5 ............................................................................ 207,900 n/a n/a n/a 

Excessive Processing Limit 6 ........................................................................... 356,400 n/a n/a n/a 

AI subarea ABC ............................................................................................... 51,241 n/a n/a n/a

AI subarea TAC 1 ............................................................................................. 19,000 n/a n/a n/a 

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

ICA ................................................................................................................... 2,500 1,250 n/a 1,250 

Aleut Corporation ............................................................................................. 14,600 14,600 n/a ........................

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

541 ............................................................................................................ 15,372 n/a n/a n/a 

542 ............................................................................................................ 7,686 n/a n/a n/a 

543 ............................................................................................................ 2,562 n/a n/a n/a 

Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations 11457 

TABLE 4—FINAL 2021 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ 

DIRECTED FISHING ALLOWANCES (DFA) 1—Continued 

[Amounts are in metric tons] 

Area and sector 2021 

Allocations 

2021 A season 1 2021 B 

season 1

A season DFA SCA harvest 

limit 2 B season DFA 

Bogoslof District ICA8 ...................................................................................... 250 n/a n/a n/a 

1Pursuant to § 679.20(a)(5)(i)(A), the Bering Sea (BS) subarea pollock TAC, after subtracting the CDQ DFA (10 percent) and the ICA (4 percent), is allocated as a DFA as follows: Inshore sector—50 percent, catcher/processor sector (CP)—40 percent, and mothership sector—10 percent. In the BS 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 AI subarea pollock TAC, after subtracting first for 

the CDQ DFA (10 percent) and second for the ICA (2,500 mt), is allocated to the Aleut Corporation for a pollock directed fishery. In the AI subarea, the A season is allocated up to 40 percent of the AI pollock ABC. 2 In the BS 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 catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/ 

processor 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 of no more than 30 percent, in 

Area 542 of no more than 15 percent, and in Area 543 of no more than 5 percent of the AI 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. 

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

TABLE 5—FINAL 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 2022 

Allocations 

2022 A season 1 2022 B 

season 1

A season DFA SCA harvest 

limit 2 B season DFA 

Bering Sea subarea TAC 1 .............................................................................. 1,400,000 n/a n/a n/a 

CDQ DFA ......................................................................................................... 140,000 63,000 39,200 77,000 

ICA1 ................................................................................................................. 50,400 n/a n/a n/a 

Total Bering Sea non-CDQ DFA ..................................................................... 1,209,600 544,320 338,688 665,280 

AFA Inshore ..................................................................................................... 604,800 272,160 169,344 332,640 

AFA Catcher/Processors 3 ............................................................................... 483,840 217,728 135,475 266,112 

Catch by CPs ........................................................................................... 442,714 199,221 n/a 243,492 

Catch by CVs 3 ......................................................................................... 41,126 18,507 n/a 22,620 

Unlisted CP Limit 4 .................................................................................... 2,419 1,089 n/a 1,331 

AFA Motherships ............................................................................................. 120,960 54,432 33,869 66,528 

Excessive Harvesting Limit 5 ............................................................................ 211,680 n/a n/a n/a 

Excessive Processing Limit 6 ........................................................................... 362,880 n/a n/a n/a 

AI subarea ABC ............................................................................................... 50,789 n/a n/a n/a

AI subarea TAC 1 ............................................................................................. 19,000 n/a n/a n/a 

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

ICA ................................................................................................................... 2,500 1,250 n/a 1,250 

Aleut Corporation ............................................................................................. 14,600 14,600 n/a ........................

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

541 ............................................................................................................ 15,237 n/a n/a n/a 

542 ............................................................................................................ 7,618 n/a n/a n/a 

543 ............................................................................................................ 2,539 n/a n/a n/a 

Bogoslof District ICA8 ...................................................................................... 100 n/a n/a n/a 

1Pursuant to § 679.20(a)(5)(i)(A), the Bering Sea (BS) subarea pollock TAC, after subtracting the CDQ DFA (10 percent) and the ICA (4 percent), is allocated as a DFA as follows: Inshore sector—50 percent, catcher/processor sector (CP)—40 percent, and mothership sector—10 percent. In the BS 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 AI subarea pollock TAC, after subtracting first for 

the CDQ DFA (10 percent) and second for the ICA (2,500 mt), is allocated to the Aleut Corporation for a pollock directed fishery. In the AI subarea, the A season is allocated up to 40 percent of the AI pollock ABC. 2 In the BS 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 catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/ 

processor 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. 

11458 Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations 

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 of no more than 30 percent, in 

Area 542 of no more than 15 percent, and in Area 543 of no more than 5 percent of the AI 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. 

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

Allocation of the Atka Mackerel TACs 

Section 679.20(a)(8) allocates the Atka 

mackerel TACs to the Amendment 80 

and BSAI trawl limited access sectors, 

after subtracting the CDQ reserves, ICAs 

for the BSAI trawl limited access sector 

and non-trawl gear sector, and the jig 

gear allocation (Tables 6 and 7). The 

percentage of the ITAC for Atka 

mackerel allocated to the Amendment 

80 and BSAI trawl limited access sectors 

is listed in Table 33 to 50 CFR part 679 

and in § 679.91. Pursuant to 

§ 679.20(a)(8)(i), up to 2 percent of the 

EAI and the BS Atka mackerel TAC may 

be allocated to vessels using jig gear. 

The percent of this allocation is 

recommended annually by the Council 

based on several criteria, including, 

among other criteria, the anticipated 

harvest capacity of the jig gear fleet. The 

Council recommended, and NMFS 

approves, a 0.5 percent allocation of the 

Atka mackerel ITAC in the EAI and BS 

to the jig gear sector 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 CDQ Atka mackerel trawl 

fishing. The ICAs and jig gear 

allocations are not apportioned by 

season. 

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

(ii) limits Atka mackerel catch within 

waters 0 nmi 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 TACs 

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 

harvested within waters 0 nmi to 20 nmi 

of Steller sea lion sites listed in Table 

6 to 50 CFR part 679 and located in 

Areas 541, 542, and 543. 

Tables 6 and 7 list these 2021 and 

2022 Atka mackerel seasonal and 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 sole Amendment 80 

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. 

TABLE 6—FINAL 2021 SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, CDQ RESERVE, INCIDENTAL CATCH

ALLOWANCE, AND AMENDMENT 80 ALLOCATIONS OF THE BSAI ATKA MACKEREL TAC 

[Amounts are in metric tons] 

Sector 1 Season 234

2021 allocation by area 

Eastern Aleutian 

district/Bering Sea 

Central Aleutian 

district 5

Western Aleutian 

district 

TAC ........................................................ n/a ......................................................... 25,760 15,450 21,047 

CDQ reserve .......................................... Total ...................................................... 2,756 1,653 2,252 

A ............................................................ 1,378 827 1,126 

Critical Habitat ....................................... n/a 496 676 

B ............................................................ 1,378 827 1,126 

Critical Habitat ....................................... n/a 496 676 

Non-CDQ TAC ....................................... n/a ......................................................... 23,004 13,797 18,795 

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

Jig 6 ........................................................ Total ...................................................... 111 .............................. ..............................

BSAI trawl limited access ...................... Total ...................................................... 2,209 1,372 ..............................

A ............................................................ 1,105 686 ..............................

Critical Habitat ....................................... n/a 412 ..............................

B ............................................................ 1,105 686 ..............................

Critical Habitat ....................................... n/a 412 ..............................

Amendment 80 sector ............................ Total ...................................................... 19,883 12,350 18,775 

A ............................................................ 9,942 6,175 9,387 

Critical Habitat ....................................... n/a 3,705 5,632 

B ............................................................ 9,942 6,175 9,387 

Critical Habitat ....................................... n/a 3,705 5,632 

1Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and jig gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50 CFR part 679 and § 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. 

Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations 11459 

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; section 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 section 679.20(a)(8)(ii)(C)(2) requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543. 6Sections 679.2 and 679.20(a)(8)(i) require that up to 2 percent of the EAI District and the BS subarea TAC be allocated to jig gear after subtracting the CDQ reserve and the ICA. NMFS sets the amount of this allocation for 2021 at 0.5 percent. The jig gear allocation is not apportioned 

by season. 

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

TABLE 7—FINAL 2022 SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, CDQ RESERVE, INCIDENTAL CATCH

ALLOWANCE, AND AMENDMENT 80 ALLOCATION OF THE BSAI ATKA MACKEREL TAC 

[Amounts are in metric tons] 

Sector 1 Season 234

2022 allocation by area 

Eastern Aleutian 

district/Bering 

Sea 5

Central Aleutian 

district 5

Western Aleutian 

district 5

TAC ........................................................ n/a ......................................................... 23,880 14,330 19,507 

CDQ reserve .......................................... Total ...................................................... 2,555 1,533 2,087 

A ............................................................ 1,278 767 1,044 

Critical Habitat ....................................... n/a 460 626 

B ............................................................ 1,278 767 1,044 

Critical Habitat ....................................... n/a 460 626 

non-CDQ TAC ........................................ n/a ......................................................... 21,325 12,797 17,420 

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

Jig 6 ........................................................ Total ...................................................... 103 .............................. ..............................

BSAI trawl limited access ...................... Total ...................................................... 2,042 1,272 ..............................

A ............................................................ 1,021 636 ..............................

Critical Habitat ....................................... n/a 382 ..............................

B ............................................................ 1,021 636 ..............................

Critical Habitat ....................................... n/a 382 ..............................

Amendment 80 sectors 7 ........................ Total ...................................................... 18,380 11,450 17,400 

A ............................................................ 9,190 5,725 8,700 

Critical Habitat ....................................... n/a 3,435 5,220 

B ............................................................ 9,190 5,725 8,700 

Critical Habitat ....................................... n/a 3,435 5,220 

1Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and jig gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50 CFR part 679 and § 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; section 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 section 679.20(a)(8)(ii)(C)(2) requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543. 6Sections 679.2 and 679.20(a)(8)(i) require that up to 2 percent of the EAI District and the BS subarea TAC be allocated to jig gear after subtracting the CDQ reserve and the ICA. NMFS sets the amount of this allocation for 2022 at 0.5 percent. The jig gear allocation is not apportioned 

by season. 7The 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. 

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

Allocation of the Pacific Cod TAC 

The Council separated BSAI subarea 

OFLs, ABCs, and TACs for Pacific cod 

in 2014 (79 FR 12108, March 4, 2014). 

Section 679.20(b)(1)(ii)(C) allocates 10.7 

percent of the BS TAC and the AI TAC 

to the CDQ program. After CDQ 

allocations have been deducted from the 

respective BS and AI Pacific cod TACs, 

the remaining BSAI Pacific cod TACs 

are combined for calculating further 

BSAI Pacific cod sector allocations. If 

the non-CDQ Pacific cod TAC is or will 

be reached in either the BS or the AI 

subareas, NMFS will prohibit non-CDQ 

directed fishing for Pacific cod in that 

subarea as provided in 

§ 679.20(d)(1)(iii). 

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

allocate to the non-CDQ sectors the 

Pacific cod TAC in the combined BSAI, 

after subtracting 10.7 percent for the 

CDQ program, as follows: 1.4 percent to 

vessels using jig gear; 2.0 percent to 

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

(18.3 m) length overall (LOA); 0.2 

percent to hook-and-line CVs greater 

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

percent to hook-and-line CPs; 8.4 

percent to pot CVs greater than or equal 

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

CPs; 2.3 percent to AFA trawl CPs; 13.4 

percent to Amendment 80 sector; and 

22.1 percent to trawl CVs. The ICA for 

the hook-and-line and pot sectors will 

be deducted from the aggregate portion 

of Pacific cod TAC allocated to the 

hook-and-line and pot sectors. For 2021 

and 2022, the Regional Administrator 

establishes an ICA of 400 mt based on 

anticipated incidental catch by these 

sectors in other fisheries. 

The ITAC allocation of Pacific cod to 

the Amendment 80 sector is 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 sole Amendment 

80 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 

11460 Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations 

participation in the program by 

November 1, 2021. 

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 seasonal Pacific cod 

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 2020 

stock assessment, the Regional 

Administrator determined for 2021 and 

2022 the estimated amount of Pacific 

cod abundance in Area 543 is 15.7 

percent of the total AI abundance. To 

calculate the Area 543 Pacific cod 

harvest limit, NMFS first subtracts the 

State GHL Pacific cod amount from the 

AI Pacific cod ABC. Then NMFS 

determines the harvest limit in Area 543 

by multiplying the percentage of Pacific 

cod estimated in Area 543 (15.7 percent) 

by the remaining ABC for AI Pacific 

cod. Based on these calculations, the 

Area 543 harvest limit is 2,166 mt for 

2021 and 2022. 

On March 21, 2019, the final rule 

adopting Amendment 113 to the FMP 

(81 FR 84434, November 23, 2016) was 

vacated by the U.S. District Court for the 

District of Columbia (Groundfish Forum 

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

2019)), and the corresponding 

regulations implementing Amendment 

113 are no longer in effect. Therefore, 

this final rule is not specifying amounts 

for the AI Pacific Cod Catcher Vessel 

Harvest Set-Aside Program (see 

§ 679.20(a)(7)(viii)). 

Table 8 and Table 9 list the CDQ and 

non-CDQ seasonal allowances by gear, 

as well as the non-CDQ sector 

allocations, based on the final 2021 and 

2022 Pacific cod TACs. 

TABLE 8—FINAL 2021 SECTOR ALLOCATIONS AND SEASONAL ALLOWANCES OF THE BSAI PACIFIC COD TAC 

[Amounts are in metric tons] 

Sector Percent 2021 share of 

total 

2021 share of 

sector total 

2021 seasonal apportionment 

Season Amount 

BS TAC ............................................. n/a 111,380 n/a n/a .................................................... n/a 

BS CDQ ............................................ n/a 11,918 n/a see § 679.20(a)(7)(i)(B) .................... n/a 

BS non-CDQ TAC ............................. n/a 99,462 n/a n/a .................................................... n/a 

AI TAC .............................................. n/a 13,796 n/a n/a .................................................... n/a 

AI CDQ .............................................. n/a 1,476 n/a see § 679.20(a)(7)(i)(B) .................... n/a 

AI non-CDQ TAC .............................. n/a 12,320 n/a n/a .................................................... n/a 

Western Aleutian Island Limit ........... n/a 2,166 n/a n/a .................................................... n/a 

Total BSAI non-CDQ TAC 1 .............. 100 111,782 n/a n/a .................................................... n/a 

Total hook-and-line/pot gear ............. 60.8 67,964 n/a n/a .................................................... n/a 

Hook-and-line/pot ICA2 .................... n/a 400 n/a see § 679.20(a)(7)(ii)(B) ................... n/a 

Hook-and-line/pot sub-total ............... n/a 67,564 n/a n/a .................................................... n/a 

Hook-and-line catcher/processor ...... 48.7 n/a 54,118 Jan 1–Jun 10 ...................................

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

27,600 

26,518 

Hook-and-line catcher vessel ≥60 ft 

LOA.

0.2 n/a 222 Jan 1–Jun 10 ...................................

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

113 

109 

Pot catcher/processor ....................... 1.5 n/a 1,667 Jan 1–Jun 10 ...................................

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

850 

817 

Pot catcher vessel ≥60 ft LOA .......... 8.4 n/a 9,334 Jan 1–Jun 10 ...................................

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

4,761 

4,574 

Catcher vessel <60 ft LOA using 

hook-and-line or pot gear.

2.0 n/a 2,222 n/a .................................................... n/a 

Trawl catcher vessel ......................... 22.1 24,704 n/a Jan 20–Apr 1 ....................................

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

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

18,281 

2,717 

3,706 

AFA trawl catcher/processor ............. 2.3 2,571 n/a Jan 20–Apr 1 ....................................

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

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

1,928 

643 

Amendment 80 .................................. 13.4 14,979 n/a Jan 20–Apr 1 ....................................

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

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

11,234 

3,745 

Jig ...................................................... 1.4 1,565 n/a Jan 1–Apr 30 ....................................

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

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

939 

313 

313 

1The sector allocations and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and AI Pacific cod TACs, after the 

subtraction of the reserves for the CDQ program. If the TAC for Pacific cod in either the AI or BS is or will be reached, then directed fishing for 

Pacific cod in that subarea will be prohibited, even if a BSAI allowance remains (§ 679.20(d)(1)(iii)). 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 approves an ICA of 400 mt for 2021 based on anticipated incidental catch in these fisheries. 

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

Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations 11461 

TABLE 9—FINAL 2022 SECTOR ALLOCATIONS AND SEASONAL ALLOWANCES OF THE BSAI PACIFIC COD TAC 

[Amounts are in metric tons] 

Sector Percent 2022 share 

total 

2022 share of 

sector total 

2022 seasonal apportionment 

Season Amount 

BS TAC ............................................. n/a 95,053 n/a n/a .................................................... n/a 

BS CDQ ............................................ n/a 10,171 n/a see § 679.20(a)(7)(i)(B) .................... n/a 

BS non-CDQ TAC ............................. n/a 84,882 n/a n/a .................................................... n/a 

AI TAC .............................................. n/a 13,796 n/a n/a .................................................... n/a 

AI CDQ .............................................. n/a 1,476 n/a see § 679.20(a)(7)(i)(B) .................... n/a 

AI non-CDQ TAC .............................. n/a 12,320 n/a n/a .................................................... n/a 

Western Aleutian Island Limit ........... n/a 2,166 n/a n/a .................................................... n/a 

Total BSAI non-CDQ TAC 1 .............. n/a 97,202 n/a n/a .................................................... n/a 

Total hook-and-line/pot gear ............. 60.8 59,099 n/a n/a .................................................... n/a 

Hook-and-line/pot ICA2 .................... n/a 400 n/a see § 679.20(a)(7)(ii)(B) ................... n/a 

Hook-and-line/pot sub-total ............... n/a 58,699 n/a n/a .................................................... n/a 

Hook-and-line catcher/processor ...... 48.7 n/a 47,017 Jan 1–Jun 10 ...................................

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

23,979 

23,038 

Hook-and-line catcher vessel ≥60 ft 

LOA.

0.2 n/a 193 Jan 1–Jun 10 ...................................

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

98 

95 

Pot catcher/processor ....................... 1.5 n/a 1,448 Jan 1–Jun 10 ...................................

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

739 

710 

Pot catcher vessel ≥60 ft LOA .......... 8.4 n/a 8,110 Jan 1–Jun 10 ...................................

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

4,136 

3,974 

Catcher vessel <60 ft LOA using 

hook-and-line or pot gear.

2.0 n/a 1,931 n/a .................................................... n/a 

Trawl catcher vessel ......................... 22.1 21,482 n/a Jan 20–Apr 1 ....................................

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

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

15,896 

2,363 

3,222 

AFA trawl catcher/processor ............. 2.3 2,236 n/a Jan 20–Apr 1 ....................................

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

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

1,677 

559 

Amendment 80 .................................. 13.4 13,025 n/a Jan 20–Apr 1 ....................................

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

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

9,769 

3,256 

Jig ...................................................... 1.4 1,361 n/a Jan 1–Apr 30 ....................................

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

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

816 

272 

272 

1The sector allocations and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and AI Pacific cod TACs, after the 

subtraction of the reserves for the CDQ program. If the TAC for Pacific cod in either the AI or BS is or will be reached, then directed fishing for 

Pacific cod in that subarea will be prohibited, even if a BSAI allowance remains (§ 679.20(d)(1)(iii)). 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 approves an ICA of 400 mt for 2022 based on anticipated incidental catch in these fisheries. 

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

Sablefish Gear Allocation 

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

require allocation of the sablefish TAC 

for the BS and AI subareas between the 

trawl gear and hook-and-line or pot gear 

sectors. 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 apportions 20 percent of the 

hook-and-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 in 

the BS and AI 7.5 percent of the trawl 

gear allocation of sablefish TAC from 

the non-specified reserve, established 

under § 679.20(b)(1)(i), be assigned to 

the CDQ reserve. 

The Council recommended that only 

trawl sablefish TAC be established 

biennially. The harvest specifications 

for the hook-and-line gear 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 10 lists the 2021 and 2022 gear 

allocations of the sablefish TAC and 

CDQ reserve amounts. 

TABLE 10—FINAL 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 2021 CDQ reserve 

2022 share of 

TAC 2022 ITAC 2022 CDQ reserve 

Bering Sea: 

Trawl 1 ................... 50 1,698 1,443 127 2,432 2,067 182 

11462 Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations 

TABLE 10—FINAL 2021 AND 2022 GEAR SHARES AND CDQ RESERVE OF BSAI SABLEFISH TACS—Continued 

[Amounts are in metric tons] 

Subarea and gear Percent of 

TAC 

2021 share of 

TAC 2021 ITAC 2021 CDQ reserve 

2022 share of 

TAC 2022 ITAC 2022 CDQ reserve 

Hook-and-line/pot 

gear 2 ................. 50 1,698 1,358 340 n/a n/a n/a 

Total ............... 100 3,396 2,802 467 2,432 2,067 182 

Aleutian Islands: 

Trawl 1 ................... 25 1,179 1,002 88 1,265 1,075 95 

Hook-and-line/pot 

gear 2 ................. 75 3,538 2,830 708 n/a n/a n/a 

Total ............... 100 4,717 3,833 796 1,265 1,075 95 

1For the sablefish trawl gear allocations, 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 this reserve. In the BS and AI, 7.5 percent of the trawl gear allocation from the non-specified reserve is assigned to the CDQ reserve (§ 679.20(b)(1)(ii)(D)(1)). 2For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the allocated TAC for the BS and AI 

is reserved for use by CDQ participants (§ 679.20(b)(1)(ii)(B)). The Council recommended that specifications for the hook-and-line or 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 ITACs 

between the Amendment 80 sector and 

the BSAI trawl limited access sector, 

after subtracting 10.7 percent for the 

CDQ reserves and ICAs for the BSAI 

trawl limited access sector and vessels 

using non-trawl gear. The allocations of 

the ITACs for AI Pacific ocean perch, 

and BSAI flathead sole, rock sole, and 

yellowfin sole to the Amendment 80 

sector are established in accordance 

with Tables 33 and 34 to 50 CFR part 

679 and § 679.91. 

One Amendment 80 cooperative has 

formed for the 2021 fishing year. 

Because all Amendment 80 vessels are 

part of the sole Amendment 80 

cooperative, no allocation to the 

Amendment 80 limited access sector is 

required for 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 

participants apply for participation in 

the program by November 1, 2021. 

Tables 11 and 12 list the 2021 and 2022 

allocations of the AI Pacific ocean 

perch, and BSAI flathead sole, rock sole, 

and yellowfin sole TACs. 

TABLE 11—FINAL 2021 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND

AMENDMENT 80 ALLOCATIONS OF THE AI PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE TACS 

[Amounts are in metric tons] 

Sector 

Pacific ocean perch Flathead 

sole 

Rock 

sole 

Yellowfin 

sole 

Eastern 

Aleutian 

district 

Central 

Aleutian 

district 

Western 

Aleutian 

district BSAI BSAI BSAI 

TAC .......................................................... 8,419 6,198 10,500 25,000 54,500 200,000 

CDQ ......................................................... 901 663 1,124 2,675 5,832 21,400 

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

BSAI trawl limited access ........................ 742 547 187 ........................ ........................ 34,782 

Amendment 80 ......................................... 6,676 4,927 9,179 19,325 42,669 139,818 

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

TABLE 12—FINAL 2022 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND

AMENDMENT 80 ALLOCATIONS OF THE AI PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE TACS 

[Amounts are in metric tons] 

Sector 

Pacific ocean perch Flathead 

sole 

Rock 

sole 

Yellowfin 

sole 

Eastern 

Aleutian 

district 

Central 

Aleutian 

district 

Western 

Aleutian 

district BSAI BSAI BSAI 

TAC .......................................................... 8,041 5,919 10,500 25,000 54,500 200,000 

CDQ ......................................................... 860 633 1,124 2,675 5,832 21,400 

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

BSAI trawl limited access ........................ 708 523 187 ........................ ........................ 34,782 

Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations 11463 

TABLE 12—FINAL 2022 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND

AMENDMENT 80 ALLOCATIONS OF THE AI PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE TACS—Continued 

[Amounts are in metric tons] 

Sector 

Pacific ocean perch Flathead 

sole 

Rock 

sole 

Yellowfin 

sole 

Eastern 

Aleutian 

district 

Central 

Aleutian 

district 

Western 

Aleutian 

district BSAI BSAI BSAI 

Amendment 80 1 ...................................... 6,373 4,703 9,179 19,325 42,669 139,818 

1The 2022 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not 

be known until eligible participants apply for participation in the program by November 1, 2021. 

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

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. 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 13 lists the 2021 and 2022 ABC 

surplus and ABC reserves for BSAI 

flathead sole, rock sole, and yellowfin 

sole. 

TABLE 13—FINAL 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 2021 

Flathead sole 

2021 

Rock sole 

2021 

Yellowfin sole 

2022 1

Flathead sole 

2022 1

Rock sole 

2022 1

Yellowfin sole 

ABC .......................................................... 62,567 140,306 313,477 64,119 206,605 344,140 

TAC .......................................................... 25,000 54,500 200,000 25,000 54,500 200,000 

ABC surplus ............................................. 37,567 85,806 113,477 39,119 152,105 144,140 

ABC reserve ............................................. 37,567 85,806 113,477 39,119 152,105 144,140 

CDQ ABC reserve ................................... 4,020 9,181 12,142 4,186 16,275 15,423 

Amendment 80 ABC reserve ................... 33,547 76,625 101,335 34,933 135,830 128,717 

1The 2022 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not 

be known until eligible participants apply for participation in the program by November 1, 2021. 

PSC Limits for Halibut, Salmon, Crab, 

and Herring 

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

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 

in Table 17, and §§ 679.21(b)(1)(ii)(A) 

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

apportionment of the trawl PSC limits 

in Tables 15 and 16 into PSC allowances 

among seven fishery categories. 

Pursuant to Section 3.6 of the FMP, 

the Council recommends, and NMFS 

agrees, that certain specified non-trawl 

fisheries be exempt from the halibut 

PSC limit. As in past years, after 

consultation with the Council, NMFS 

exempts the pot gear fishery, the jig gear 

fishery, and the sablefish IFQ hook-andline gear fishery categories from halibut 

bycatch restrictions for the following 

reasons: (1) The pot gear fisheries have 

low halibut bycatch mortality; (2) NMFS 

estimates halibut mortality for the jig 

gear fleet to be negligible because of the 

small size of the fishery and the 

selectivity of the gear; and (3) the 

sablefish and halibut IFQ fisheries have 

low halibut bycatch mortality because 

the IFQ program requires that legal-size 

halibut be retained by vessels using 

fixed gear if a halibut IFQ permit holder 

or a hired master is aboard and is 

holding unused halibut IFQ for that 

vessel category and the IFQ regulatory 

area in which the vessel is operating 

(§ 679.7(f)(11)). 

The 2020 total groundfish catch for 

the pot gear fishery in the BSAI was 

41,517 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. 

11464 Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations 

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 of 

Alaska provides to NMFS an estimate of 

Chinook salmon abundance using the 3- 

System Index for western Alaska based 

on the Kuskokwim, Unalakleet, and 

Upper Yukon aggregate stock grouping. 

If an AFA sector participates in an 

approved IPA and has not exceeded its 

performance standard under 

§ 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 PSC limits 

are also seasonally apportioned with 70 

percent for the A season pollock fishery, 

and 30 percent 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://

alaskafisheries.noaa.gov/ 

sustainablefisheries/bycatch/ 

default.htm. 

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. Section 

679.21(e)(3)(i)(A)(1) allocates 10.7 

percent from each trawl gear PSC limit 

specified for crab as a PSQ reserve for 

use by the groundfish CDQ program. 

Based on the most recent (2019) 

survey data, the red king crab mature 

female abundance is estimated at 9.6668 

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 

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 mature 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 

RKCSS red king crab bycatch limit to 25 

percent of the red king crab PSC limit, 

based on the need to optimize the 

groundfish harvest relative to red king 

crab bycatch. In December 2020, the 

Council recommended and NMFS 

concurs that the RKCSS red king crab 

bycatch limit for 2021 and 2022 be 

equal to 25 percent of the red king crab 

PSC limit (Table 15). 

Based on the most recent (2019) 

survey data, 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 

(Chionoecetes opilio) is based on total 

abundance as indicated by the NMFS 

annual bottom trawl survey. The C. 

opilio crab PSC limit in the C. opilio 

bycatch limitation zone (COBLZ) is set 

at 0.1133 percent of the BS abundance 

index minus 150,000 crabs, unless the 

minimum or maximum PSC limit 

applies. Based on the most recent (2019) 

survey estimate of 6.48 billion animals, 

the calculated C. opilio crab PSC limit 

is 7,191,840 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 BS herring biomass. The best 

estimate of 2021 and 2022 herring 

biomass is 272,281 mt. This amount was 

developed by the Alaska Department of 

Fish and Game based on biomass for 

spawning aggregations. Therefore, the 

herring PSC limit for 2021 and 2022 is 

2,723 mt for all trawl gear as listed in 

Tables 14 and 15. 

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

PSQ reserves be subtracted from the 

total trawl gear crab PSC limits. The 

crab and halibut PSC limits apportioned 

to the Amendment 80 and BSAI trawl 

limited access sectors are listed in Table 

35 to 50 CFR part 679. The resulting 

2021 and 2022 allocations of PSC limit 

to CDQ PSQ reserves, the Amendment 

80 sector, and the BSAI trawl limited 

access sector are listed in Table 14. 

Pursuant to §§ 679.21(b)(1)(i), 

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

(f), crab and halibut trawl PSC limits 

assigned to the Amendment 80 sector 

are then further allocated to 

Amendment 80 cooperatives as 

cooperative quota. Crab and halibut PSC 

cooperative quota assigned to 

Amendment 80 cooperatives is not 

allocated to specific fishery categories. 

In 2021, there are no vessels in the 

Amendment 80 limited access sector 

and one Amendment 80 cooperative. 

The 2022 PSC allocations between 

Amendment 80 cooperatives and the 

Amendment 80 limited access sector 

Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations 11465 

will not be known until eligible 

participants apply for participation in 

the program by November 1, 2021. 

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

NMFS, after consultation with the 

Council, apportion each trawl PSC limit 

for crab and herring not assigned to 

CDQ PSQ reserves or Amendment 80 

cooperatives into PSC bycatch 

allowances for seven specified fishery 

categories in § 679.21(e)(3)(iv). 

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

authorize NMFS, after consulting with 

the Council, to establish seasonal 

apportionments of halibut and crab PSC 

amounts for the BSAI trawl limited 

access and non-trawl sectors in order to 

maximize the ability of the fleet to 

harvest the available groundfish TAC 

and to minimize bycatch. The factors to 

be considered are (1) seasonal 

distribution of prohibited species, (2) 

seasonal distribution of target 

groundfish species relative to prohibited 

species distribution, (3) PSC bycatch 

needs on a seasonal basis relevant to 

prohibited species biomass and 

expected catches of target groundfish 

species, (4) expected variations in 

bycatch rates throughout the year, (5) 

expected changes in directed groundfish 

fishing seasons, (6) expected start of 

fishing effort, and (7) economic effects 

of establishing seasonal prohibited 

species apportionments on segments of 

the target groundfish industry. Based on 

this criteria, the Council recommended 

and NMFS approves the seasonal PSC 

apportionments in Tables 16 and 17 to 

maximize harvest among gear types, 

fisheries, and seasons while minimizing 

bycatch of PSC. 

TABLE 14—FINAL 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 

and zone 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 3

Halibut mortality (mt) 

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

Herring (mt) BSAI ........ 2,723 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 ...................... 7,191,840 n/a 769,527 6,422,313 3,156,567 2,064,131 1,201,615 

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. 

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

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

TABLE 15—FINAL 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 ........................................................................................................................................................... 118 n/a 

Rock sole/flathead sole/Alaska plaice/other flatfish 1 .............................................................................................. 58 n/a 

Greenland turbot/arrowtooth flounder/Kamchatka flounder/sablefish ..................................................................... 8 n/a 

Rockfish ................................................................................................................................................................... 8 n/a 

Pacific cod ............................................................................................................................................................... 14 n/a 

Midwater trawl pollock ............................................................................................................................................. 2,472 n/a 

Pollock/Atka mackerel/other species 2 3 .................................................................................................................. 45 n/a 

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

Total trawl PSC ................................................................................................................................................ 2,723 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. 

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

4 In December 2020, the Council recommended and NMFS approves 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 allowances may not total precisely due to rounding. 

TABLE 16—FINAL 2021 AND 2022 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL LIMITED ACCESS

SECTOR

BSAI trawl limited access fisheries 

Prohibited species and area and zone 1

Halibut 

mortality 

(mt) BSAI 

Red king crab 

(animals) 

Zone 1 

C. opilio 

(animals) 

COBLZ 

C. bairdi (animals) 

Zone 1 Zone 2 

Yellowfin sole ....................................................................... 265 23,338 1,945,831 346,228 1,185,500 

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

11466 Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations 

TABLE 16—FINAL 2021 AND 2022 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL LIMITED ACCESS

SECTOR—Continued 

BSAI trawl limited access fisheries 

Prohibited species and area and zone 1

Halibut 

mortality 

(mt) BSAI 

Red king crab 

(animals) 

Zone 1 

C. opilio 

(animals) 

COBLZ 

C. bairdi (animals) 

Zone 1 Zone 2 

Greenland turbot/arrowtooth flounder/Kamchatka flounder/ 

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

Rockfish April 15–December 31 .......................................... 5 ........................ 3,214 ........................ 1,000 

Pacific cod ............................................................................ 300 2,954 82,939 60,000 50,000 

Pollock/Atka mackerel/other species 3 ................................. 175 197 32,147 5,000 5,000 

Total BSAI trawl limited access PSC ........................... 745 26,489 2,064,131 411,228 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: Seasonal or sector allowances may not total precisely due to rounding. 

TABLE 17—FINAL 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 ...................................... Total Pacific cod ............................ 648 13 661. 

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

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

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

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

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

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

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

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

Estimates of Halibut Biomass and Stock 

Condition 

The International Pacific Halibut 

Commission (IPHC) annually assesses 

the abundance and potential yield of the 

Pacific halibut stock using all available 

data from the commercial and sport 

fisheries, other removals, and scientific 

surveys. Additional information on the 

Pacific halibut stock assessment may be 

found in the IPHC’s 2020 Pacific halibut 

stock assessment (December 2020), 

available on the IPHC website at 

www.iphc.int. The IPHC considered the 

2020 Pacific halibut stock assessment at 

its January 2021 annual meeting when 

it set the 2021 commercial halibut 

fishery catch limits. 

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 (IPHC, Council, 

and NMFS staff) developed improved 

estimation methods that have 

undergone review by the Plan Team, 

SSC, and the Council. A summary of the 

revised methodology is included in the 

BSAI proposed 2017 and 2018 harvest 

specifications (81 FR 87863, December 

6, 2016), and the comprehensive 

discussion of the working group’s 

statistical methodology is available from 

the Council (see ADDRESSES). The DMR 

working group’s revised methodology is 

intended to improve estimation 

accuracy, transparency, and 

transferability used for calculating 

DMRs. The working group will continue 

to consider improvements to the 

methodology used to calculate halibut 

mortality, including potential changes 

to the reference period (the period of 

data used for calculating the DMRs). 

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. 

At the December 2020 meeting, the 

SSC, AP, and the Council concurred 

with the revised DMR estimation 

methodology, and NMFS adopts for 

2021 and 2022 the DMRs calculated 

under the revised methodology, which 

Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations 11467 

uses an updated 2-year reference period. 

The final 2021 and 2022 DMRs in this 

rule are unchanged from the DMRs in 

the proposed 2021 and 2022 harvest 

specifications (85 FR 78096, December 

3, 2020). Table 18 lists these final 2021 

and 2022 DMRs. 

TABLE 18—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/processor ...................................................................... 9 

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

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

Directed Fishing Closures 

In accordance with § 679.20(d)(1)(i), 

the Regional Administrator may 

establish a DFA for a species or species 

group if the Regional Administrator 

determines that any allocation or 

apportionment of a target species has 

been or will be reached. If the Regional 

Administrator establishes a DFA, and 

that allowance is or will be reached 

before the end of the fishing year, NMFS 

will prohibit directed fishing for that 

species or species group in the specified 

subarea, regulatory area, or district (see 

§ 679.20(d)(1)(iii)). Similarly, pursuant 

to §§ 679.21(b)(4) and (e)(7), if the 

Regional Administrator determines that 

a fishery category’s bycatch allowance 

of halibut, red king crab, C. bairdi crab, 

or C. opilio crab for a specified area has 

been reached, the Regional 

Administrator will prohibit directed 

fishing for each species or species group 

in that fishery category in the area 

specified by regulation for the 

remainder of the season or fishing year. 

Based on historic catch patterns and 

anticipated fishing activity, the Regional 

Administrator has determined that the 

groundfish allocation amounts in Table 

19 will be necessary as incidental catch 

to support other anticipated groundfish 

fisheries for the 2021 and 2022 fishing 

years. Consequently, in accordance with 

§ 679.20(d)(1)(i), the Regional 

Administrator establishes the DFA for 

the species and species groups in Table 

19 as zero mt. Therefore, in accordance 

with § 679.20(d)(1)(iii), NMFS is 

prohibiting directed fishing for these 

sectors and species or species groups in 

the specified areas effective at 1,200 

hours, A.l.t., February 25, 2021, through 

2,400 hours, A.l.t., December 31, 2022. 

Also, for the BSAI trawl limited access 

sector, bycatch allowances of halibut, 

red king crab, C. bairdi crab, and C. 

opilio crab listed in Table 19 are 

insufficient to support directed 

fisheries. Therefore, in accordance with 

§§ 679.21(b)(4)(i) and (e)(7), NMFS is 

prohibiting directed fishing for these 

sectors, species, and fishery categories 

in the specified areas effective at 1200 

hours, A.l.t., February 25, 2021, through 

2,400 hours, A.l.t., December 31, 2022. 

TABLE 19—2021 AND 2022 DIRECTED FISHING CLOSURES 1

[Groundfish and halibut amounts are in metric tons. Crab amounts are in number of animals.] 

Area Sector Species 

2021 

Incidental 

catch 

allowance 

2022 

Incidental 

catch 

allowance 

Bogoslof District .............................. All ................................................... Pollock ............................................ 250 100 

Aleutian Islands subarea ................ All ................................................... ICA pollock ..................................... 2,500 2,500 

‘‘Other rockfish’’ 2 ........................... 394 394 

Aleutian Islands subarea ................ Trawl non-CDQ .............................. Sablefish ........................................ 1,002 1,075 

Eastern Aleutian District/Bering 

Sea.

Non-amendment 80, CDQ, and 

BSAI trawl limited access.

ICA Atka mackerel ......................... 800 800 

Eastern Aleutian District/Bering 

Sea.

All ................................................... Blackspotted/Rougheye rockfish .... 266 128 

Eastern Aleutian District ................. Non-amendment 80, CDQ, and 

BSAI trawl limited access.

ICA Pacific ocean perch ................ 100 100 

Central Aleutian District .................. Non-amendment 80, CDQ, and 

BSAI trawl limited access.

ICA Atka mackerel .........................

ICA Pacific ocean perch ................

75 

60 

75 

60 

Western Aleutian District ................ Non-amendment 80, CDQ and 

BSAI trawl limited access.

ICA Atka mackerel .........................

ICA Pacific ocean perch ................

20 

10 

20 

10 

Western and Central Aleutian Districts.All ................................................... Blackspotted/Rougheye rockfish .... 144 150 

Bering Sea subarea ........................ Trawl non-CDQ .............................. Sablefish ........................................ 1,443 2,067 

Bering Sea subarea ........................ All ................................................... Pacific ocean perch .......................

‘‘Other rockfish’’ 2 ...........................

ICA pollock .....................................

9,165 

444 

49,500 

8,753 

255 

50,400 

Shortraker rockfish ......................... 425 191 

Skates ............................................ 15,300 13,600 

Sharks ............................................ 170 170 

Octopuses ...................................... 595 595 

Hook-and-line and pot gear ........... ICA Pacific cod .............................. 400 400 

Non-amendment 80 and CDQ ....... ICA flathead sole ...........................

ICA rock sole .................................

3,000 

6,000 

3,000 

6,000 

11468 Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations 

TABLE 19—2021 AND 2022 DIRECTED FISHING CLOSURES 1—Continued 

[Groundfish and halibut amounts are in metric tons. Crab amounts are in number of animals.] 

Area Sector Species 

2021 

Incidental 

catch 

allowance 

2022 

Incidental 

catch 

allowance 

Non-amendment 80, CDQ, and 

BSAI trawl limited access.

ICA yellowfin sole .......................... 4,000 4,000 

Rock sole/flathead sole/other flatfish—halibut mortality, red king 

crab Zone 1, C. opilio COBLZ, 

C. bairdi Zone 1 and 2.

........................ ........................

BSAI trawl limited access .............. Turbot/arrowtooth/Kamchatka/sablefish—halibut mortality, red 

king crab Zone 1, C. opilio 

COBLZ, C. bairdi Zone 1 and 2.

Rockfish—red king crab Zone 1 .... ........................ ........................

1 Maximum retainable amounts may be found in Table 11 to 50 CFR part 679. 

2 ‘‘Other rockfish’’ includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean perch, northern rockfish, 

blackspotted/rougheye rockfish, and shortraker rockfish. 

Closures implemented under the final 

2020 and 2021 BSAI harvest 

specifications for groundfish (85 FR 

13553, March 9, 2020) remain effective 

under authority of these final 2021 and 

2022 harvest specifications and until the 

date specified in those notices. Closures 

are posted at the following website 

under the Alaska filter for Management 

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

rules-and-announcements/bulletins. 

While these closures are in effect, the 

maximum retainable amounts at 

§§ 679.20(e) and (f) apply at any time 

during a fishing trip. These closures to 

directed fishing are in addition to 

closures and prohibitions found at 50 

CFR part 679. 

Listed AFA Catcher/Processor 

Sideboard Limits 

Pursuant to § 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). Section 679.64(a)(1)(v) 

exempts AFA CPs from a yellowfin sole 

sideboard limit because the final 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 20 that are caught 

by listed AFA CPs participating in any 

groundfish fishery other than pollock 

will accrue against the final 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 final 2021 or 2022 PSC sideboard 

limit listed in Table 20 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 20—FINAL 2021 AND 2022 BSAI AFA LISTED CATCHER/PROCESSOR PROHIBITED SPECIES SIDEBOARD LIMITS

PSC species and area 1

Ratio of PSC 

catch to total 

PSC 

2021 and 2022 

PSC available 

to trawl 

vessels after 

subtraction of 

PSQ 2

2021 and 2022 

AFA catcher/ 

processor 

sideboard 

limit 2

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

Red king crab Zone 1 ...................................................................................................... 0.0070 86,621 606 

C. opilio (COBLZ) ............................................................................................................ 0.1530 6,422,313 982,614 

C. bairdi Zone 1 ............................................................................................................... 0.1400 875,140 122,520 

C. bairdi Zone 2 ............................................................................................................... 0.0500 2,652,210 132,611 

1 Refer to § 679.2 for definitions of areas. 

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

AFA Catcher Vessel Sideboard Limits 

Pursuant to § 679.64(b), the Regional 

Administrator is responsible for 

restricting the ability of AFA CVs to 

engage in directed fishing for groundfish 

species other than pollock to protect 

participants in other groundfish 

fisheries from adverse effects resulting 

from the AFA fishery and from fishery 

cooperatives in the pollock directed 

fishery. On February 8, 2019, NMFS 

Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations 11469 

published a final rule (84 FR 2723) that 

implemented regulations to prohibit 

non-exempt AFA C/Vs 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). Section 679.64(b)(6) 

exempts AFA CVs 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. The remainder 

of the sideboard limits for non-exempt 

AFA C/Vs are in Table 21. 

Section 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). Table 21 lists the 

final 2021 and 2022 AFA CV groundfish 

sideboard limits. 

TABLE 21—FINAL 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 initial 

TAC 

2021 AFA 

catcher 

vessel 

sideboard 

limits 

2022 initial 

TAC 

2022 AFA 

catcher 

vessel 

sideboard 

limits 

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

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

Jan 20–Apr 1 ................................................................ 0.8609 18,281 15,738 15,896 13,685 

Apr 1–Jun 10 ................................................................ 0.8609 2,717 2,339 2,363 2,034 

Jun 10–Nov 1 ............................................................... 0.8609 3,706 3,190 3,222 2,774 

Note: Section 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 22 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 final 2021 

and 2022 PSC sideboard limit listed in 

Table 22 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 22—FINAL 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 

2021 and 

2022 

PSC limit 

after 

subtraction 

of PSQ 

reserves 3

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/Kamchatka/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 6,422,313 1,078,949 

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. 

2Target trawl 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. 

4Other flatfish for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole. 5 ‘‘Other species’’ for PSC monitoring includes skates, sharks, and octopuses. 

Response to Comments 

NMFS received no comments during 

the public comment period for the 

proposed BSAI groundfish harvest 

specifications. 

Classification 

NMFS has determined that the final 

harvest specifications are consistent 

11470 Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations 

with the FMP and with the MagnusonStevens Act and other applicable laws. 

This action is authorized under 50 

CFR 679.20 and is exempt from review 

under Executive Order 12866. 

NMFS prepared an EIS for the Alaska 

groundfish harvest specifications and 

alternative harvest strategies (see 

ADDRESSES) and made it available to the 

public on January 12, 2007 (72 FR 

1512). On February 13, 2007, NMFS 

issued the Record of Decision (ROD) for 

the Final EIS. In January 2021, NMFS 

prepared a Supplementary Information 

Report (SIR) for this action to provide a 

subsequent assessment of the action and 

to address the need to prepare a 

Supplemental EIS (SEIS) (40 CFR 

1501.11(b); § 1502.9(d)(1)). Copies of the 

Final EIS, ROD, and annual SIRs for this 

action are available from NMFS (see 

ADDRESSES). The Final EIS analyzes the 

environmental, social, and economic 

consequences of the groundfish harvest 

specifications and alternative harvest 

strategies on resources in the action 

area. Based on the analysis in the Final 

EIS, NMFS concluded that the preferred 

alternative (Alternative 2) provides the 

best balance among relevant 

environmental, social, and economic 

considerations and allows for continued 

management of the groundfish fisheries 

based on the most recent, best scientific 

information. The preferred alternative is 

a harvest strategy in which TACs are set 

at a level within the range of ABCs 

recommended by the Council’s SSC; the 

sum of the TACs must achieve the OY 

specified in the FMP. While the specific 

numbers that the harvest strategy 

produces may vary from year to year, 

the methodology used for the preferred 

harvest strategy remains constant. 

The annual SIR evaluates the need to 

prepare a SEIS for the 2021 and 2022 

groundfish harvest specifications. An 

SEIS should be prepared if (1) the 

agency makes substantial changes in the 

proposed action that are relevant to 

environmental concerns; or (2) 

significant new circumstances or 

information exist relevant to 

environmental concerns and bearing on 

the proposed action or its impacts (40 

CFR 1502.9(d)(1)). After reviewing the 

information contained in the SIR and 

SAFE reports, the Regional 

Administrator has determined that (1) 

approval of the 2021 and 2022 harvest 

specifications, which were set according 

to the preferred harvest strategy in the 

Final EIS, does not constitute a 

substantial change in the action; and (2) 

there are no significant new 

circumstances or information relevant to 

environmental concerns and bearing on 

the action or its impacts. Additionally, 

the 2021 and 2022 harvest specifications 

will result in environmental, social, and 

economic impacts within the scope of 

those analyzed and disclosed in the 

Final EIS. Therefore, an SEIS is not 

necessary to implement the 2021 and 

2022 harvest specifications. 

A final regulatory flexibility analysis 

(FRFA) was prepared. Section 604 of the 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 604) requires that, when an 

agency promulgates a final rule under 5 

U.S.C. 553, after being required by that 

section, or any other law, to publish a 

general notice of proposed rulemaking, 

the agency shall prepare a FRFA. The 

following constitutes the FRFA 

prepared in the final action. 

Section 604 of the RFA describes the 

required contents of a final regulatory 

flexibility analysis: (1) A statement of 

the need for, and objectives of, the rule; 

(2) a statement of the significant issues 

raised by the public comments in 

response to the initial regulatory 

flexibility analysis, a statement of the 

assessment of the agency of such issues, 

and a statement of any changes made in 

the proposed rule as a result of such 

comments; (3) the response of the 

agency to any comments filed by the 

Chief Counsel for Advocacy of the Small 

Business Administration in response to 

the proposed rule, and a detailed 

statement of any change made to the 

proposed rule in the final rule as a 

result of the comments; (4) a description 

of and an estimate of the number of 

small entities to which the rule will 

apply or an explanation of why no such 

estimate is available; (5) a description of 

the projected reporting, recordkeeping, 

and other compliance requirements of 

the rule, including an estimate of the 

classes of small entities which will be 

subject to the requirement and the type 

of professional skills necessary for 

preparation of the report or record; and 

(6) a description of the steps the agency 

has taken to minimize the significant 

economic impact on small entities 

consistent with the stated objectives of 

applicable statutes, including a 

statement of the factual, policy, and 

legal reasons for selecting the alternative 

adopted in the final rule and why each 

one of the other significant alternatives 

to the rule considered by the agency that 

affect the impact on small entities was 

rejected. 

A description of this action, its 

purpose, and its legal basis are included 

at the beginning of the preamble to this 

final rule and are not repeated here. 

NMFS published the proposed rule on 

December 3, 2020 (85 FR 78096). NMFS 

prepared an Initial Regulatory 

Flexibility Analysis (IRFA) to 

accompany the proposed action, and 

included the IRFA in the proposed rule. 

The comment period closed on January 

4, 2021. No comments were received on 

the IRFA or on the economic impacts of 

the rule more generally. The Chief 

Counsel for Advocacy of the Small 

Business Administration did not file 

any comments on the proposed rule. 

The entities directly regulated by this 

action are those that harvest groundfish 

in the exclusive economic zone of the 

BSAI and in parallel fisheries within 

State waters. These include entities 

operating catcher vessels and catcher/ 

processors within the action area and 

entities receiving direct allocations of 

groundfish. 

For RFA purposes only, NMFS has 

established a small business size 

standard for businesses, including their 

affiliates, whose primary industry is 

commercial fishing (see 50 CFR 200.2). 

A business primarily engaged in 

commercial fishing (NAICS code 11411) 

is classified as a small business if it is 

independently owned and operated, is 

not dominant in its field of operation 

(including its affiliates), and has 

combined annual gross receipts not in 

excess of $11 million for all its affiliated 

operations worldwide. 

Using the most recent data available 

(2019), the estimated number of directly 

regulated small entities include 

approximately 605 catcher vessels, 56 

catcher/processors, and six CDQ groups. 

Some of these vessels are members of 

AFA inshore pollock cooperatives, Gulf 

of Alaska rockfish cooperatives, or BSAI 

Crab Rationalization Program 

cooperatives, and, since under the RFA 

the aggregate gross receipts of all 

participating members of the 

cooperative must meet the ‘‘under $11 

million’’ threshold, the cooperatives are 

considered to be large entities within 

the meaning of the RFA. Thus, the 

estimate of 605 catcher vessels may be 

an overstatement of the number of small 

entities. Average gross revenues in 2019 

were $500,000 for small hook-and-line 

vessels, $1.4 million for small pot 

vessels, $2.9 million for small trawl 

vessels, $7.0 million for hook-and-line 

CPs, and $3.5 million for pot gear CPs. 

This final rule contains no 

information collection requirements 

under the Paperwork Reduction Act of 

1995. 

This action implements the final 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 Magnuson-Stevens Act. The 

establishment of the final harvest 

Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations 11471 

specifications is governed by the 

Council’s harvest strategy that governs 

the catch of groundfish in the BSAI. The 

harvest strategy was previously selected 

from among five alternatives. Under this 

preferred alternative harvest strategy, 

TACs are set within the range of ABCs 

recommended by the SSC; the sum of 

the TACs must achieve the OY specified 

in the FMP; and while the specific TAC 

numbers that the harvest strategy 

produces may vary from year to year, 

the methodology used for the preferred 

harvest strategy remains constant. This 

final action implements the preferred 

alternative harvest strategy previously 

chosen by the Council to set TACs that 

fall within the range of ABCs 

recommended through the Council 

harvest specifications process and as 

recommended by the Council. This is 

the method for determining TACs that 

has been used in the past. 

The final 2021 and 2022 TACs 

associated with preferred harvest 

strategy are those recommended by the 

Council in December 2020. OFLs and 

ABCs for each species or species group 

were based on recommendations 

prepared by the Council’s Plan Team, 

and reviewed by the Council’s SSC. The 

Council’s TAC recommendations are 

consistent with the SSC’s OFL and ABC 

recommendations, and the sum of all 

TACs remains within the OY for the 

BSAI consistent with 

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

TACs equal to ABCs would cause the 

sum of TACs to exceed an OY of 2.0 

million mt, TACs for some species or 

species groups are lower than the ABCs 

recommended by the Plan Team and the 

SSC. 

The final 2021 and 2022 OFLs and 

ABCs are based on the best available 

biological information, including 

projected biomass trends, information 

on assumed distribution of stock 

biomass, and revised technical methods 

to calculate stock biomass. The final 

2021 and 2022 TACs are based on the 

best available biological and 

socioeconomic information. The final 

2021 and 2022 OFLs, ABCs, and TACs 

are consistent with the biological 

condition of groundfish stocks as 

described in the 2020 SAFE report, 

which is the most recent, completed 

SAFE report. Accounting for the most 

recent biological information to set the 

final OFLs, ABCs, and TACs is 

consistent with the objectives for this 

action, as well as National Standard 2 of 

the Magnuson-Stevens Act (16 U.S.C. 

1851(a)(2)) that actions shall be based 

on the best scientific information 

available. 

Under this action, the ABCs reflect 

harvest amounts that are less than the 

specified overfishing levels. The TACs 

are within the range of ABCs 

recommended by the SSC and do not 

exceed the biological limits 

recommended by the SSC (the ABCs 

and overfishing levels). For some 

species and species groups in the BSAI, 

the Council recommended, and NMFS 

sets, TACs equal to ABCs, which is 

intended to maximize harvest 

opportunities in the BSAI. However, 

NMFS cannot set TACs for all species in 

the BSAI equal to their ABCs due to the 

constraining OY limit of 2.0 million mt. 

For this reason, some final TACs are less 

than the final ABCs. These specific 

reductions were reviewed and adopted 

by the Council for the final 2021 and 

2022 TACs. 

Based on the best available scientific 

data, and in consideration of the 

Council’s objectives for this action, 

there are no significant alternatives that 

have the potential to accomplish the 

stated objectives of the MagnusonStevens Act and any other applicable 

statutes and that have the potential to 

minimize any significant adverse 

economic impact of the final rule on 

small entities. This action is 

economically beneficial to entities 

operating in the BSAI, including small 

entities. The action specifies TACs for 

commercially-valuable species in the 

BSAI and allows for the continued 

prosecution of the fishery, thereby 

creating the opportunity for fishery 

revenue. After public process, during 

which the Council solicited input from 

stakeholders, the Council concluded 

that these final harvest specifications 

would best accomplish the stated 

objectives articulated in the preamble 

for this final rule and in applicable 

statutes, and would minimize to the 

extent practicable adverse economic 

impacts on the universe of directly 

regulated small entities. 

Adverse impacts on marine mammals, 

or endangered or threatened species, 

resulting from fishing activities 

conducted under this rule are discussed 

in the Final EIS and its accompanying 

annual SIRs (see ADDRESSES). 

Pursuant to 5 U.S.C. 553(d)(3), the 

Assistant Administrator for Fisheries, 

NOAA, finds good cause to waive the 

30-day delay in effectiveness for this 

rule because delaying this rule is 

contrary to the public interest. The Plan 

Team review of the 2020 SAFE report 

occurred in November 2020, and based 

on the 2020 SAFE report the Council 

considered and recommended the final 

harvest specifications in December 

2020. Accordingly, NMFS’s review of 

the final 2021 and 2022 harvest 

specifications could not begin until after 

the December 2020 Council meeting, 

and after the public had time to 

comment on the proposed action. 

For all fisheries not currently closed 

because the TACs established under the 

final 2020 and 2021 harvest 

specifications (85 FR 13553, March 9, 

2020) were not reached, it is possible 

that they would be closed prior to the 

expiration of a 30-day delayed 

effectiveness period because their TACs 

could be reached within that period. If 

implemented immediately, this rule 

would allow these fisheries to continue 

fishing because some of the new TACs 

implemented by this rule are higher 

than the TACs under which they are 

currently fishing. 

In addition, immediate effectiveness 

of this action is required to provide 

consistent management and 

conservation of fishery resources based 

on the best available scientific 

information. This is particularly 

pertinent for those species that have 

lower 2021 ABCs and TACs than those 

established in the 2020 and 2021 

harvest specifications (85 FR 13553, 

March 9, 2020). If implemented 

immediately, this rule would ensure 

that NMFS can properly manage those 

fisheries for which this rule sets lower 

2021 ABCs and TACs, which are based 

on the most recent biological 

information on the condition of stocks, 

rather than managing species under the 

higher TACs set in the previous year’s 

harvest specifications. 

Certain fisheries, such as those for 

pollock, are intensive, fast-paced 

fisheries. Other fisheries, such as those 

for sablefish, flatfish, rockfish, Atka 

mackerel, skates, sharks, and octopuses, 

are critical as directed fisheries and as 

incidental catch in other fisheries. U.S. 

fishing vessels have demonstrated the 

capacity to catch the TAC allocations in 

many of these fisheries. If the 

effectiveness of this rule were delayed 

30 days and if a TAC were reached 

during those 30 days, NMFS would 

close directed fishing or prohibit 

retention for the applicable species. Any 

delay in allocating the final TACs in 

these fisheries would cause confusion to 

the industry and potential economic 

harm through unnecessary discards, 

thus undermining the intent of this rule. 

Waiving the 30-day delay allows NMFS 

to prevent economic loss to fishermen 

that could otherwise occur should the 

2021 TACs (set under the 2020 and 2021 

harvest specifications) be reached. 

Determining which fisheries may close 

is nearly impossible because these 

fisheries are affected by several factors 

that cannot be predicted in advance, 

including fishing effort, weather, 

movement of fishery stocks, and market 

price. Furthermore, the closure of one 

11472 Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations 

fishery has a cascading effect on other 

fisheries by freeing-up fishing vessels, 

allowing them to move from closed 

fisheries to open ones, increasing the 

fishing capacity in those open fisheries, 

and causing them to close at an 

accelerated pace. 

In fisheries subject to declining 

sideboard limits, a failure to implement 

the updated sideboard limits before 

initial season’s end could deny the 

intended economic protection to the 

non-sideboard limited sectors. 

Conversely, in fisheries with increasing 

sideboard limits, economic benefit 

could be denied to the sideboardlimited sectors. 

If the final harvest specifications are 

not effective by March 6, 2021, which is 

the start of the 2021 Pacific halibut 

season as specified by the IPHC, the 

fixed gear sablefish fishery will not 

begin concurrently with the Pacific 

halibut IFQ season. Delayed 

effectiveness of this action would result 

in confusion for sablefish harvesters and 

economic harm from unnecessary 

discard of sablefish that are caught 

along with Pacific halibut, as both fixed 

gear sablefish and Pacific halibut are 

managed under the same IFQ program. 

Immediate effectiveness of the final 

2021 and 2022 harvest specifications 

will allow the sablefish IFQ fishery to 

begin concurrently with the Pacific 

halibut IFQ season. 

Finally, immediate effectiveness also 

would provide the fishing industry the 

earliest possible opportunity to plan and 

conduct its fishing operations with 

respect to new information about TAC 

limits. Therefore, NMFS finds good 

cause to waive the 30-day delay in the 

date of effectiveness under 5 U.S.C. 

553(d)(3). 

Small Entity Compliance Guide 

This final rule is a plain language 

guide to assist small entities in 

complying with this final rule as 

required by the Small Business 

Regulatory Enforcement Fairness Act of 

1996. This final rule’s primary purpose 

is to announce the final 2021 and 2022 

harvest specifications and prohibited 

species bycatch allowances for the 

groundfish fisheries of the BSAI. This 

action is necessary to establish harvest 

limits and associated management 

measures for groundfish during the 2021 

and 2022 fishing years and is taken in 

accordance with the FMP prepared by 

the Council pursuant to the MagnusonStevens Act. This action directly affects 

all fishermen who participate in the 

BSAI fisheries. The specific amounts of 

OFL, ABC, TAC, and PSC amounts are 

provided in tables to assist the reader. 

NMFS will announce closures of 

directed fishing in the Federal Register 

and information bulletins released by 

the Alaska Region. Affected fishermen 

should keep themselves informed of 

such closures. 

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

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

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

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

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

479. 

Dated: February 17, 2021. 

Samuel D. Rauch, III 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2021–03564 Filed 2–24–21; 8:45 am] 

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