85184 Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Proposed Rules 

Other Natural or Manmade Factors 

Affecting Its Continued Existence 

Climate Change and Ocean Conditions 

The Petitioners assert climate change 

is impacting the quantity and quality of 

habitat for WC Chinook salmon, 

especially spring-run populations, with 

the melting of glaciers on the Olympic 

Peninsula, changes in precipitation 

patterns, lower summer stream flows, 

higher water temperatures, and 

reduction in food due to changing ocean 

conditions. Citing the Intergovernmental 

Panel on Climate Change (IPCC) 2021 

report, Petitioners call out the last four 

decades of successive air temperature 

increases, and the projected rise in 

global temperatures. Petitioners also 

assert that climate change will 

profoundly affect the Pacific Northwest. 

With a focus on the Olympic Peninsula, 

impacts such as warming, sea level rise, 

erosion, and changes in stream flows 

will not be uncommon (Halofsky et al., 

2011; Dalton et al., 2016). Petitioners 

state freshwater habitat changes due to 

climate change will adversely affect WC 

Chinook salmon, especially spring-run 

populations. Citing Halofsky et al., 

2011, the Petitioners note it is uncertain 

whether salmon populations can adapt 

quickly enough to cope with the 

combined effects of anthropogenic 

climate change. Using a 2011 NMFS 

study as support, the Petitioners also 

assert that throughout the life cycle of 

salmon along the WC, the main 

predicted effects include warmer, drier 

summers, reduced snowpack, lower 

summer flows, higher summer stream 

temperatures, and increased winter 

floods. The Petitioners assert that 

climate change is altering offshore and 

nearshore habitat of the WC including 

warming sea surface temperatures (Mote 

and Salathe 2010; Miller et al., 2013; 

USFWS 2020), upwelling pattern 

changes (Miller et al., 2013), and 

increased acidification (Miller et al., 

2013) leading to limited ocean 

productivity for salmon (Ford 2022). 

The Petitioners assert that ongoing 

threats of poor ocean conditions and 

climate change are likely to threaten the 

continued existence of WC Chinook 

salmon, including spring-run 

populations. As described in NMFS’ 5- 

year reviews (Stout et al., 2012; NMFS 

2016; NMFS 2022) variability in ocean 

conditions in the Pacific Northwest is a 

concern for the persistence of WC 

salmon because it is uncertain how 

populations will fare in periods of poor 

ocean survival when freshwater and 

estuarine habitats are degraded. 

Petitioners also assert there are 

correlations between oceanic changes 

and salmon abundance in the Pacific 

Northwest, and concerns about how 

prolonged periods of poor marine 

survival due to unfavorable ocean 

conditions may impact the population 

abundance, productivity, spatial 

structure, and diversity of WC 

salmonids (Stout et al., 2010). 

Petition Finding 

After reviewing the information 

contained in the petition, as well as 

information readily available in our 

files, we conclude that substantial 

scientific and commercial information 

indicates that the petitioned action to 

list spring-run Chinook salmon on the 

WC as threatened or endangered under 

the ESA or, alternatively, list the WC 

Chinook salmon ESU (inclusive of all 

run types) as a threatened or endangered 

species under the ESA may be 

warranted. Therefore, in accordance 

with section 4(b)(3)(A) of the ESA and 

NMFS’ implementing regulations (50 

CFR424.14(h)(2)), we will commence a 

status review of Chinook salmon on the 

WC. During our status review, we will 

include an ESU analysis to determine 

the appropriate ESU(s) and evaluate the 

ESU containing spring-run fish to 

determine if listing as a threatened or 

endangered species is warranted. As 

required by section 4(b)(3)(B) of the 

ESA, within 12 months of the receipt of 

the petition, we will make a finding as 

to whether listing WC Chinook salmon 

under the ESA is warranted. 

Information Solicited 

To ensure that our status reviews are 

informed by the best available scientific 

and commercial data, we are opening a 

60-day public comment period to solicit 

relevant new information since the 1998 

status review (Myers et al., 1998) or 

information not considered before on 

populations of Chinook salmon within 

the previously identified WC Chinook 

salmon ESU, which consists of Chinook 

salmon that spawn north of the 

Columbia River and west of the Elwha 

River. We request information from the 

public, concerned governmental 

agencies, Native American tribes, the 

scientific community, agricultural and 

forestry groups, conservation groups, 

fishing groups, industry, or any other 

interested parties concerning the current 

and/or historical status of Chinook 

salmon on the WC. Specifically, we 

request information regarding: (1) 

species abundance; (2) species 

productivity; (3) species distribution or 

population spatial structure; (4) patterns 

of phenotypic, genotypic, and life 

history diversity; (5) habitat conditions 

and associated limiting factors and 

threats; (6) ongoing or planned efforts to 

protect and restore the species and their 

habitats; (7) information on the 

adequacy of existing regulatory 

mechanisms, whether protections are 

being implemented, and whether they 

are proving effective in conserving the 

species; (8) data concerning the status 

and trends of identified limiting factors 

or threats; (9) information on targeted 

harvest (commercial and recreational) 

and bycatch of the species; (10) other 

new information, data, or corrections 

including, but not limited to, taxonomic 

or nomenclatural changes; and (11) 

information concerning the impacts of 

environmental variability and climate 

change on survival, recruitment, 

distribution, and/or extinction risk; and 

traditional ecological knowledge related 

to any of the previous 11 categories of 

information regarding this species. 

We request that all information be 

accompanied by: (1) supporting 

documentation such as maps, 

bibliographic references, or reprints of 

pertinent publications; and (2) the 

submitter’s name, and any association, 

institution, or business that the person 

represents. 

References 

A complete list of all references cited 

herein is available upon request (See 

FOR FURTHER INFORMATION CONTACT). 

Authority: The authority for this action is 

the Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.). 

Dated: December 4, 2023. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2023–26852 Filed 12–6–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 231201–0284; RTID 0648– 

XD436] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Gulf of Alaska; 

Proposed 2024 and 2025 Harvest 

Specifications for Groundfish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; harvest 

specifications and request for 

comments. 

SUMMARY: NMFS proposes 2024 and 

2025 harvest specifications, 


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apportionments, and Pacific halibut 

prohibited species catch limits for the 

groundfish fishery of the Gulf of Alaska 

(GOA). This action is necessary to 

establish harvest limits for groundfish 

during the 2024 and 2025 fishing years 

and to accomplish the goals and 

objectives of the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska. The 2024 harvest specifications 

supersede those previously set in the 

final 2023 and 2024 harvest 

specifications, and the 2025 harvest 

specifications will be superseded in 

early 2025 when the final 2025 and 

2026 harvest specifications are 

published. The intended effect of this 

action is to conserve and manage the 

groundfish resources in the GOA in 

accordance with the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). 

DATES: Comments must be received by 

January 8, 2024. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2023–0133, by any of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

NOAA–NMFS–2023–0133 in the Search 

box. Click on the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Gretchen Harrington, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS. Mail 

comments to P.O. Box 21668, Juneau, 

AK 99802–1668. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on https://www.regulations.gov 

without change. All personal identifying 

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

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’; in the required fields if you wish to 

remain anonymous). 

Electronic copies of the Alaska 

Groundfish Harvest Specifications Final 

Environmental Impact Statement (Final 

EIS), Record of Decision (ROD) for the 

Final EIS, and the annual 

Supplementary Information Reports 

(SIR) to the Final EIS prepared for this 

action are available from https://

www.regulations.gov. An updated 2024 

SIR for the final 2024 and 2025 harvest 

specifications will be available from the 

same source. The final 2022 Stock 

Assessment and Fishery Evaluation 

(SAFE) report for the groundfish 

resources of the GOA, dated December 

2022, is available from the North Pacific 

Fishery Management Council (Council) 

at 1007 West Third, Suite 400, 

Anchorage, AK 99501–2252, phone 

907–271–2809, or from the Council’s 

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

2023 SAFE report for the GOA will be 

available from the same source. 

FOR FURTHER INFORMATION CONTACT: 

Abby Jahn, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the GOA groundfish fisheries 

in the exclusive economic zone (EEZ) of 

the GOA under the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP). The Council prepared the 

FMP under the authority of the 

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

et seq.). Regulations governing U.S. 

fisheries and implementing the FMP 

appear at 50 CFR parts 600, 679, and 

680. 

The FMP and its implementing 

regulations require that NMFS, after 

consultation with the Council, specify 

the total allowable catch (TAC) for each 

target species, the sum of which must be 

within the optimum yield (OY) range of 

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

(§§ 679.20(a)(1)(i)(B) and 679.20(a)(2)). 

Section 679.20(c)(1) further requires 

NMFS to publish and solicit public 

comment on proposed annual TACs and 

apportionments thereof for each target 

species, Pacific halibut prohibited 

species catch (PSC) limits, and seasonal 

allowances of pollock and Pacific cod. 

The proposed harvest specifications in 

tables 1 through 19 of this rule satisfy 

these requirements. For 2024 and 2025, 

the sum of the proposed TAC amounts 

is 476,537 mt. 

Under § 679.20(c)(3), NMFS will 

publish the final 2024 and 2025 harvest 

specifications after (1) considering 

comments received within the comment 

period (see DATES), (2) consulting with 

the Council at its December 2023 

meeting, (3) considering information 

presented in the 2024 SIR to the Final 

EIS that assesses the need to prepare a 

Supplemental EIS (see ADDRESSES), and 

(4) considering information presented in 

the final 2023 SAFE report prepared for 

the 2024 and 2025 groundfish fisheries. 

Other Actions Affecting the 2024 and 

2025 GOA Harvest Specifications 

Pacific Cod Trawl Cooperative Program 

NMFS published a final rule 

implementing Amendment 122 to the 

Fishery Management Plan for 

Groundfish of the Bering Sea and 

Aleutian Islands Management Area 

(BSAI) (88 FR 53704, August 8, 2023), 

establishing the Pacific Cod Trawl 

Cooperative Program (PCTC Program) to 

allocate BSAI Pacific cod quota share to 

qualifying groundfish License 

Limitation Program (LLP) license 

holders and qualifying processors. The 

PCTC Program is a limited access 

privilege program for the harvest of 

Pacific cod in the BSAI trawl catcher 

vessel (CV) sector. 

The PCTC Program modifies existing 

GOA sideboard limits and associated 

GOA halibut PSC limits for non-exempt 

American Fisheries Act (AFA) CVs and 

LLP license holders and closes directed 

fishing where the revised sideboard 

limits are too small to support a directed 

fishery. All GOA non-exempt AFA CVs 

and associated AFA LLP licenses are 

sideboarded in aggregate for all GOA 

groundfish fishing activity and for GOA 

halibut PSC based on their GOA catch 

history during the qualifying years 2009 

through 2019, except when participating 

in the Central Gulf of Alaska (CGOA) 

Rockfish Program. In addition, the ratio 

used to apportion GOA halibut PSC 

limits is modified and the five seasonal 

apportionments based on that sideboard 

ratio is reduced to a single aggregate 

annual amount. Amendment 122 also 

closes directed fishing to all GOA nonexempt AFA CVs and LLP licenses for 

the following species categories: 

Southeast Outside (SEO) District of the 

Eastern GOA pollock, Western GOA 

shallow-water flatfish, Central and 

Eastern GOA deep-water flatfish, 

Central GOA dusky rockfish, and 

Eastern GOA and Central GOA Pacific 

ocean perch. NMFS will no longer 

publish AFA Program sideboard limits 

for these specific species or species 

groups in the Federal Register as part of 

the annual groundfish harvest 

specifications and instead Table 56 to 

50 CFR part 679 lists that directed 

fishing for these species is prohibited to 

non-exempt AFA CVs. Amendment 122 

and its implementing regulations affect 

the calculation and establishment of the 

groundfish sideboard limits and halibut 

PSC limits discussed below under 

American Fisheries Act (AFA) Catcher/ 

Processor and Catcher Vessel 

Groundfish Harvest and PSC Limits. 

Proposed Acceptable Biological Catch 

(ABC) and TAC Specifications 

In October 2023, the Council’s 

Scientific and Statistical Committee 

(SSC), its Advisory Panel (AP), and the 

Council reviewed the most recent 

biological and harvest information about 

the condition of the GOA groundfish 

stocks. The Council’s GOA Groundfish 


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85186 Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Proposed Rules 

Plan Team (Plan Team) compiled and 

presented this information in the final 

2022 SAFE report for the GOA 

groundfish fisheries, dated December 

2022 (see ADDRESSES). The SAFE report 

contains a review of the latest scientific 

analyses and estimates of each species’ 

biomass and other biological parameters 

including possible future condition of 

the stocks, as well as summaries of the 

available information on the GOA 

ecosystem and the economic condition 

of the groundfish fisheries off Alaska. 

The SAFE provides information to the 

Council and NMFS for recommending 

and setting, respectively, annual harvest 

levels for each stock; documenting 

significant trends or changes in the 

resource, marine ecosystems, and 

fisheries over time; and assessing the 

relative success of existing Federal 

fishery management programs. An 

appendix to the SAFE is the Ecosystem 

Status Reports (ESRs). The ESRs 

compile and summarize information 

about the status of the Alaska marine 

ecosystems for the SSC, AP, Council, 

NMFS, and the public, and they are 

updated annually. These ESRs include 

ecosystem report cards, ecosystem 

assessments, and ecosystem status 

indicators (i.e., climate indices, sea 

surface temperature), which together 

provide context for ecosystem-based 

fisheries management in Alaska. The 

ESR informs stock assessments and is 

integrated in the annual harvest 

recommendations through inclusion in 

stock assessment-specific risk tables. 

Also, the ESR information provides 

context for the SSC’s recommendations 

for Overfishing Level (OFL) and ABC, as 

well as for the Council’s TAC 

recommendations. The SAFE reports 

and the ESRs are presented at the 

October and December Council 

meetings before the SSC, AP, and the 

Council make groundfish harvest 

recommendations and aid NMFS in 

implementing these annual groundfish 

harvest specifications. 

The Plan Team, SSC, and Council also 

reviewed preliminary survey data from 

2023 surveys, updates on ecological and 

socioeconomic profiles for certain 

species, summaries of potential changes 

to models and methodologies, and 

preliminary revised ESRs. From these 

data and analyses, the Plan Team 

recommends, and the SSC sets, an OFL 

and ABC for each species and species 

group. The amounts proposed for the 

2024 and 2025 OFLs and ABCs are 

based on the 2022 SAFE report. The AP 

and Council recommended that the 

proposed 2024 and 2025 TACs be set 

equal to proposed ABCs for all species 

and species groups, with the exception 

of the species and species groups further 

discussed below. The proposed OFLs, 

ABCs, and TACs could be changed in 

the final harvest specifications 

depending on the most recent scientific 

information contained in the final 2023 

SAFE report. The individual stock 

assessments that comprise, in part, the 

2022 SAFE report are available at 

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

population-assessments/north-pacificgroundfish-stock-assessment-andfishery-evaluation. The final 2023 SAFE 

report will be available from the same 

source. 

In November 2023, the Plan Team 

will update the 2022 SAFE report to 

include new information collected 

during 2023, such as NMFS stock 

surveys, revised stock assessments, and 

catch data. The Plan Team will compile 

this information and present the draft 

2023 SAFE report at the December 2023 

Council meeting. At that meeting, the 

SSC and the Council will review the 

2023 SAFE report, and the Council will 

approve the 2023 SAFE report. The 

Council will consider information in the 

2023 SAFE report, recommendations 

from the November 2023 Plan Team 

meeting and December 2023 SSC and 

AP meetings, public testimony, and 

relevant written public comments in 

making its recommendations for the 

final 2024 and 2025 harvest 

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

and (3), the Council could recommend 

adjusting the final TACs, if warranted, 

based on the biological condition of 

groundfish stocks or a variety of 

socioeconomic considerations, or if 

required to cause the sum of TACs to 

fall within the OY range. 

Potential Changes Between Proposed 

and Final Specifications 

In previous years, the most significant 

changes (relative to the amount of 

assessed tonnage of fish) to the OFLs 

and ABCs from the proposed to the final 

harvest specifications have been based 

on the most recent NMFS stock surveys. 

These surveys provide updated 

estimates of stock biomass and spatial 

distribution, and inform changes to the 

models used for producing stock 

assessments. At the September 2023 

Plan Team meeting, NMFS scientists 

presented updated and new survey 

results. Scientists also discussed 

potential changes to assessment models, 

and accompanying preliminary stock 

estimates. At the October 2023 Council 

meeting, the SSC reviewed this 

information. Species and species groups 

with proposed changes to assessment 

models include pollock, demersal shelf 

rockfish, other rockfish, and shortraker 

rockfish. Model changes may result in 

changes to final OFLs, ABCs, and TACs. 

In November 2023, the Plan Team 

will consider updated survey results 

and updated stock assessments for 

groundfish, which will be included in 

the draft 2023 SAFE report. If the 2023 

SAFE report indicates that the stock 

biomass trend is increasing for a 

species, then the final 2024 and 2025 

harvest specifications for that species 

may reflect an increase from the 

proposed harvest specifications. 

Conversely, if the 2023 SAFE report 

indicates that the stock biomass trend is 

decreasing for a species, then the final 

2024 and 2025 harvest specifications 

may reflect a decrease from the 

proposed harvest specifications. 

The proposed 2024 and 2025 OFLs 

and ABCs are based on the best 

available biological and scientific 

information, including projected 

biomass trends, information on assumed 

distribution of stock biomass, and 

revised technical methods used to 

calculate stock biomass. The FMP 

specifies the tiers to be used to calculate 

OFLs and ABCs. The tier applicable to 

a particular stock or stock complex is 

determined by the level of reliable 

information available to the fisheries 

scientists. This information is 

categorized into a successive series of 

six tiers to define OFLs and ABCs, with 

Tier 1 representing the highest level of 

information quality available and Tier 6 

representing the lowest level of 

information quality available. The Plan 

Team used the FMP tier structure to 

calculate OFLs and ABCs for each 

groundfish species. The SSC adopted 

the proposed 2024 and 2025 OFLs and 

ABCs recommended by the Plan Team 

for all groundfish species. The proposed 

2024 and 2025 TACs are based on the 

best available biological and 

socioeconomic information. In making 

its recommendations, the Council 

adopted the SSC’s OFL and ABC 

recommendations and the AP’s TAC 

recommendations for all groundfish 

species. 

Specification and Apportionment of 

TAC Amounts 

The combined Western and Central 

Regulatory Areas and the West Yakutat 

(WYK) District of the Eastern Regulatory 

Area (the W/C/WYK) pollock TAC and 

the GOA Pacific cod TACs are set to 

account for the State of Alaska’s (State) 

guideline harvest levels (GHL) for the 

State waters pollock and Pacific cod 

fisheries so that the ABCs are not 

exceeded. These reductions are 

described below. The shallow-water 

flatfish TAC in the Western 

RegulatoryArea, arrowtooth flounder 


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TACs in the Western Regulatory Area 

and the SEO District, and flathead sole 

TAC in the Western Regulatory Area are 

set to allow for increased harvest 

opportunities for these target species 

while conserving the halibut PSC limit 

for use in other fisheries. The Atka 

mackerel TAC is set to accommodate 

incidental catch amounts (ICA) in other 

fisheries. The other rockfish TAC in the 

SEO District of the Eastern Regulatory 

Area is set to reduce the amount of 

discards of the species in that complex. 

NMFS’s proposed apportionments of 

groundfish species are based on the 

distribution of biomass among the 

regulatory areas over which NMFS 

manages the species. Additional 

regulations govern the apportionment of 

pollock, Pacific cod, and sablefish. 

Additional detail on apportionments of 

pollock, Pacific cod, and sablefish are 

described below. 

The ABC for the pollock stock in the 

W/C/WYK Regulatory Area accounts for 

the GHL established by the State for the 

Prince William Sound (PWS) pollock 

fishery. The Plan Team, SSC, AP, and 

Council have recommended that the 

sum of all State waters and Federal 

waters pollock removals from the GOA 

not exceed ABC recommendations. At 

the November 2018 Plan Team meeting, 

State fisheries managers recommended 

setting the future PWS GHL at 2.5 

percent of the annual W/C/WYK pollock 

ABC. For 2024 and 2025, this yields a 

PWS pollock GHL of 4,027 mt, an 

increase of 8.17 percent from the 2023 

PWS GHL of 3,723 mt. After reductions 

for the PWS GHL, the remaining 2024 

and 2025 pollock ABC for the combined 

W/C/WYK areas is then apportioned 

among four statistical areas (Areas 610, 

620, 630, and 640) as both ABCs and 

TACs, as described below and detailed 

in table 1. The total ABCs and TACs for 

the four statistical areas, plus the State 

GHL, do not exceed the combined W/C/ 

WYK ABC. The proposed W/C/WYK 

2024 and 2025 pollock ABC is 161,080 

mt, and the proposed TAC is 157,053 

mt. 

Apportionments of pollock to the W/ 

C/WYK management areas are 

considered to be apportionments of 

annual catch limits (ACLs) rather than 

apportionments of ABCs. This more 

accurately reflects that such 

apportionments address management 

concerns, rather than biological or 

conservation concerns. In addition, 

apportionments of the ACL in this 

manner allow NMFS to balance any 

transfer of TAC among Areas 610, 620, 

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

to ensure that the combined W/C/WYK 

ACL, ABC, and TAC are not exceeded. 

NMFS proposes pollock TACs in the 

Western (Area 610) and Central (Areas 

620 and 630) Regulatory Areas and the 

West Yakutat (Area 640) and the SEO 

(Area 650) Districts of the GOA (see 

table 1). NMFS also proposes seasonal 

apportionment of the annual pollock 

TAC in the Western and Central 

Regulatory Areas of the GOA among 

Statistical Areas 610, 620, and 630. 

These apportionments are divided 

equally among the following two 

seasons: the A season (January 20 

through May 31) and the B season 

(September 1 through November 1) 

(§§ 679.23(d)(2) and 679.20(a)(5)(iv)). 

Additional detail is provided below; 

table 2 lists these amounts. 

The proposed 2024 and 2025 Pacific 

cod TACs are set to accommodate the 

State’s GHLs for Pacific cod in State 

waters in the Western and Central 

Regulatory Areas, as well as in PWS (in 

the Eastern Regulatory Area) (see table 

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

Council recommended that the sum of 

all State waters and Federal waters 

Pacific cod removals from the GOA not 

exceed ABC recommendations. 

Accordingly, the Council recommended 

the 2024 and 2025 Pacific cod TACs in 

the Western, Central, and Eastern 

Regulatory Areas to account for State 

GHLs. Therefore, the proposed 2024 and 

2025 Pacific cod TACs are less than the 

proposed ABCs by the following 

amounts: (1) Western GOA, 2,062 mt; (2) 

Central GOA, 3,414 mt; and (3) Eastern 

GOA, 539 mt. These amounts reflect the 

State’s 2024 and 2025 GHLs in these 

areas, which are 30 percent of the 

Western GOA proposed ABC, and 25 

percent of the Eastern and Central GOA 

proposed ABCs. 

The Western and Central GOA Pacific 

cod TACs are allocated among various 

gear and operational sectors. NMFS also 

establishes seasonal apportionments of 

the annual Pacific cod TACs in the 

Western and Central Regulatory Areas. 

The Pacific cod sector and seasonal 

apportionments are discussed in detail 

in a subsequent section and in table 4 

of this rule. 

The Council’s recommendation for 

sablefish area apportionments takes into 

account the prohibition on the use of 

trawl gear in the SEO District of the 

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

and makes available 5 percent of the 

Eastern Regulatory Area (WYK and SEO 

Districts combined) TAC to vessels 

using trawl gear for use as incidental 

catch in other trawl groundfish fisheries 

in the WYK District (§ 679.20(a)(4)(i)). 

Additional detail is provided below. 

tables 5 and 6 list the proposed 2024 

and 2025 allocations of the sablefish 

TAC to fixed gear and trawl gear in the 

GOA. 

For 2024 and 2025, the Council 

recommends, and NMFS proposes, the 

OFLs, ABCs, and TACs listed in table 1. 

These amounts are consistent with the 

biological condition of groundfish 

stocks as described in the 2022 SAFE 

report. The proposed ABCs reflect 

harvest amounts that are less than the 

specified overfishing levels. The 

proposed TACs are adjusted for other 

biological and socioeconomic 

considerations. The sum of the 

proposed TACs for all GOA groundfish 

is 476,537 mt for 2024 and 2025, which 

is within the OY range specified by the 

FMP. These proposed amounts and 

apportionments by area, season, and 

sector are subject to change pending 

consideration of the 2023 SAFE report, 

public comment, and the Council’s 

recommendations for the final 2024 and 

2025 harvest specifications during its 

December 2023 meeting. 

TABLE 1—PROPOSED 2024 AND 2025 OFLS, ABCS, AND TACS OF GROUNDFISH FOR THE WESTERN/CENTRAL/WEST

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

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

[Values are rounded to the nearest metric ton] 

Species Area 1 OFL ABC TAC 2

Pollock 2 .................................................................................... Shumagin (610) ...................................... n/a 29,156 29,156 

Chirikof (620) .......................................... n/a 83,283 83,283 

Kodiak (630) ............................................ n/a 36,478 36,478 

WYK (640) .............................................. n/a 8,136 8,136 

W/C/WYK (subtotal) ......................... 186,101 161,080 157,053 


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85188 Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Proposed Rules 

TABLE 1—PROPOSED 2024 AND 2025 OFLS, ABCS, AND TACS OF GROUNDFISH FOR THE WESTERN/CENTRAL/WEST

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

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

[Values are rounded to the nearest metric ton] 

Species Area 1 OFL ABC TAC 2

SEO (650) ............................................... 15,150 11,363 11,363 

Total ................................................. 201,251 172,443 168,416 

Pacific cod 3 .............................................................................. W ............................................................. n/a 6,873 4,811 

C .............................................................. n/a 13,655 10,241 

E .............................................................. n/a 2,155 1,616 

Total ................................................. 27,507 22,683 16,668 

Sablefish 4 ................................................................................ W ............................................................. n/a 4,626 4,626 

C .............................................................. n/a 8,819 8,819 

WYK ........................................................ n/a 2,669 2,669 

SEO ................................................. n/a 4,981 4,981 

Subtotal TAC ................................... n/a n/a 21,095 

Total ................................................. 48,561 41,539 n/a 

Shallow-water flatfish 5 ............................................................. W ............................................................. n/a 23,299 13,250 

C .............................................................. n/a 27,737 27,737 

WYK ........................................................ n/a 2,774 2,774 

SEO ......................................................... n/a 1,664 1,664 

Total ................................................. 68,015 55,474 45,425 

Deep-water flatfish 6 ................................................................. W ............................................................. n/a 255 255 

C .............................................................. n/a 2,068 2,068 

WYK ........................................................ n/a 1,383 1,383 

SEO ......................................................... n/a 2,013 2,013 

Total ................................................. 6,802 5,719 5,719 

Rex sole ................................................................................... W ............................................................. n/a 3,314 3,314 

C .............................................................. n/a 13,425 13,425 

WYK ........................................................ n/a 1,453 1,453 

SEO ......................................................... n/a 2,905 2,905 

Total ................................................. 25,652 21,097 21,097 

Arrowtooth flounder .................................................................. W ............................................................. n/a 30,093 14,500 

C .............................................................. n/a 64,200 64,200 

WYK ........................................................ n/a 7,789 7,789 

SEO ......................................................... n/a 15,932 6,900 

Total ................................................. 141,008 118,014 93,389 

Flathead sole ............................................................................ W ............................................................. n/a 13,033 8,650 

C .............................................................. n/a 21,892 21,892 

WYK ........................................................ n/a 2,363 2,363 

SEO ......................................................... n/a 2,934 2,934 

Total ................................................. 49,073 40,222 35,839 

Pacific ocean perch 7 ............................................................... W ............................................................. n/a 2,461 2,461 

C .............................................................. n/a 29,138 29,138 

WYK ........................................................ n/a 1,333 1,333 

W/C/WYK ................................................ 39,229 32,932 32,932 

SEO ......................................................... 3,888 3,264 3,264 

Total ................................................. 43,117 36,196 36,196 

Northern rockfish 8 .................................................................... W ............................................................. n/a 2,497 2,497 

C .............................................................. n/a 2,244 2,244 

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

Total ................................................. 5,661 4,741 4,741 

Shortraker rockfish 9 ................................................................. W ............................................................. n/a 51 51 

C .............................................................. n/a 280 280 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Proposed Rules 85189 

TABLE 1—PROPOSED 2024 AND 2025 OFLS, ABCS, AND TACS OF GROUNDFISH FOR THE WESTERN/CENTRAL/WEST

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

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

[Values are rounded to the nearest metric ton] 

Species Area 1 OFL ABC TAC 2

E .............................................................. n/a 374 374 

Total ................................................. 940 705 705 

Dusky rockfish 10 ...................................................................... W ............................................................. n/a 141 141 

C .............................................................. n/a 7,264 7,264 

WYK ........................................................ n/a 85 85 

SEO ......................................................... n/a 30 30 

Total ................................................. 9,154 7,520 7,520 

Rougheye and blackspotted rockfish 11 ................................... W ............................................................. n/a 180 180 

C .............................................................. n/a 231 231 

E .............................................................. n/a 361 361 

Total ................................................. 927 772 772 

Demersal shelf rockfish 12 ........................................................ SEO ......................................................... 376 283 283

Thornyhead rockfish 13 ............................................................. W ............................................................. n/a 314 314 

C .............................................................. n/a 693 693 

E .............................................................. n/a 621 621 

Total ................................................. 2,170 1,628 1,628 

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

WYK ........................................................ n/a 370 370 

SEO ......................................................... n/a 2,744 300 

Total ................................................. 5,320 4,054 1,610 

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

Big skates 16 ............................................................................. W ............................................................. n/a 591 591 

C .............................................................. n/a 1,482 1,482 

E .............................................................. n/a 794 794 

.............................................................................................. Total ................................................. 3,822 2,867 2,867 

Longnose skates 17 .................................................................. W ............................................................. n/a 151 151 

C .............................................................. n/a 2,044 2,044 

E .............................................................. n/a 517 517 

Total ................................................. 3,616 2,712 2,712 

Other skates 18 ......................................................................... GW .......................................................... 1,311 984 984 

Sharks ...................................................................................... GW .......................................................... 6,521 4,891 4,891 

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

Total .................................................................................. ................................................................. 658,311 550,224 476,537 

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

WYK=West Yakutat District; SEO=Southeast Outside District; GW=Gulfwide). 2The total for the W/C/WYK Regulatory Areas pollock ABC is 161,080 mt. After deducting 2.5 percent (4,027 mt) of that ABC for the State’s 

pollock GHL fishery, the remaining pollock ABC of 157,053 mt (for the W/C/WYK Regulatory Areas) is apportioned among four statistical areas 

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

purposes. The ACLs in Areas 610, 620, and 630 are further divided by season, as detailed in table 2 (proposed 2024 and 2025 seasonal biomass distribution of pollock in the Western and Central Regulatory Areas, area apportionments, and seasonal allowances). In the West Yakutat 

(Area 640) and Southeast Outside (Area 650) Districts of the Eastern Regulatory Area, pollock is not divided into seasonal allowances. 3The annual Pacific cod TAC is apportioned, after seasonal apportionment to the jig sector, as follows: (1) 63.84 percent to the A season and 

36.16 percent to the B season and (2) 64.16 percent to the A season and 35.84 percent to the B season in the Western and Central Regulatory 

Areas of the GOA, respectively. The Pacific cod TAC in the Eastern Regulatory Area of the GOA is allocated 90 percent to vessels harvesting 

Pacific cod for processing by the inshore component and 10 percent to vessels harvesting Pacific cod for processing by the offshore component. 

Table 4 lists the proposed 2024 and 2025 Pacific cod seasonal apportionments and sector allocations. 4The sablefish OFL and ABC are set Alaska-wide (48,561 mt and 41,539 mt, respectively) and the GOA sablefish TAC is 21,095 mt. Tables 5 

and 6 list the proposed 2024 and 2025 allocations of sablefish TACs. 5 ‘‘Shallow-water flatfish’’ means flatfish not including ‘‘deep-water flatfish,’’ flathead sole, rex sole, or arrowtooth flounder. 6 ‘‘Deep-water flatfish’’ means Dover sole, Greenland turbot, Kamchatka flounder, and deepsea sole. 

7 ‘‘Pacific ocean perch’’ means Sebastes alutus. 8 ‘‘Northern rockfish’’ means Sebastes polyspinous. For management purposes, the one mt apportionment of ABC to the WYK District of the 

Eastern Regulatory Area has been included in the other rockfish species group. 9 ‘‘Shortraker rockfish’’ means Sebastes borealis. 


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85190 Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Proposed Rules 

10 ‘‘Dusky rockfish’’ means Sebastes variabilis. 11 ‘‘Rougheye and blackspotted rockfish’’ means Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted). 12 ‘‘Demersal shelf rockfish’’ means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper), S. maliger (quillback), S. 

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

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

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

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

(S. polyspinous). 

15Other rockfish in the Western and Central Regulatory Areas and in the West Yakutat District of the Eastern Regulatory Area means all rockfish species included in the other rockfish and demersal shelf rockfish categories. The other rockfish species group in the SEO District only includes other rockfish. 16 ‘‘Big skates’’ means Beringraja binoculata. 17 ‘‘Longnose skates’’ means Raja rhina. 18 ‘‘Other skates’’ means Bathyraja spp. 

Proposed Apportionment of Reserves 

Section 679.20(b)(2) requires NMFS to 

set aside 20 percent of each TAC for 

pollock, Pacific cod, flatfish, sharks, and 

octopuses in reserve for possible 

apportionment at a later date during the 

fishing year. Section 679.20(b)(3) 

authorizes NMFS to reapportion all or 

part of these reserves. In 2023, NMFS 

reapportioned all of the reserves in the 

final harvest specifications. For 2024 

and 2025, NMFS proposes 

reapportionment of each of the reserves 

for pollock, Pacific cod, flatfish, sharks, 

and octopuses back into the original 

TAC from which the reserve was 

derived. NMFS expects, based on recent 

harvest patterns, that such reserves will 

not be necessary and that the entire TAC 

for each of these species will be caught 

or are needed to promote efficient 

fisheries. The TACs in table 1 reflect 

this proposed reapportionment of 

reserve amounts to the original TAC for 

these species and species groups, i.e., 

each proposed TAC for the abovementioned species or species groups 

contains the full TAC recommended by 

the Council. 

Proposed Apportionments of Pollock 

TAC Among Seasons and Regulatory 

Areas, and Allocations for Processing by 

Inshore and Offshore Components 

In the GOA, pollock is apportioned by 

season and area, and is further allocated 

for processing by inshore and offshore 

components. Pursuant to 

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

TAC specified for the Western and 

Central Regulatory Areas of the GOA is 

apportioned into two seasonal 

allowances of 50 percent. As established 

by § 679.23(d)(2), the A and B season 

allowances are available from January 

20 through May 31 and September 1 

through November 1, respectively. 

The GOA pollock stock assessment 

continues to use a four-season 

methodology to determine pollock 

distribution in the Western and Central 

Regulatory Areas of the GOA to 

maintain continuity in the historical 

pollock apportionment time-series. 

Pollock TACs in the Western and 

Central Regulatory Areas of the GOA are 

apportioned among Statistical Areas 

610, 620, and 630 in proportion to the 

distribution of pollock biomass 

determined by the most recent NMFS 

surveys, pursuant to 

§ 679.20(a)(5)(iv)(A). The pollock 

chapter of the 2022 SAFE report (see 

ADDRESSES) contains a comprehensive 

description of the apportionment and 

reasons for the minor changes from past 

apportionments. For purposes of 

specifying pollock between two seasons 

for the Western and Central Regulatory 

Areas of the GOA, NMFS has summed 

the A and B season apportionments and 

the C and D season apportionments as 

calculated in the 2022 GOA pollock 

assessment. This yields the seasonal 

amounts specified for the A season and 

the B season, respectively. 

Within any fishing year, the amount 

by which a seasonal allowance is 

underharvested or overharvested may be 

added to, or subtracted from, 

subsequent seasonal allowances in a 

manner to be determined by the 

Regional Administrator 

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

amount is limited to 20 percent of the 

subsequent seasonal TAC 

apportionment for the statistical area. 

Any unharvested pollock above the 20- 

percent limit could be further 

distributed to the subsequent season in 

the other statistical areas, in proportion 

to the estimated biomass of the 

subsequent season and in an amount no 

more than 20 percent of the seasonal 

TAC apportionment in those statistical 

areas (§ 679.20(a)(5)(iv)(B)). The 

proposed 2024 and 2025 pollock TACs 

in the WYK District of 8,136 mt and the 

SEO District of 11,363 mt are not 

allocated by season. 

Table 2 lists the proposed 2024 and 

2025 area apportionments and seasonal 

allowances of pollock in the Western 

and Central Regulatory Areas. The 

amounts of pollock for processing by the 

inshore and offshore components are 

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

requires allocation of 100 percent of the 

pollock TAC in all regulatory areas and 

all seasonal allowances to vessels 

catching pollock for processing by the 

inshore component after subtraction of 

amounts projected by the Regional 

Administrator to be caught by, or 

delivered to, the offshore component 

incidental to directed fishing for other 

groundfish species. Thus, the amount of 

pollock available for harvest by vessels 

harvesting pollock for processing by the 

offshore component is the amount that 

will be taken as incidental catch during 

directed fishing for groundfish species 

other than pollock, up to the maximum 

retainable amounts allowed by 

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

ICAs of pollock are unknown and will 

be determined during the fishing year 

during the course of fishing activities by 

the offshore component. 

TABLE 2—PROPOSED 2024 AND 2025 DISTRIBUTION OF POLLOCK IN THE CENTRAL AND WESTERN REGULATORY AREAS

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

[Values are rounded to the nearest metric ton] 

Season 2 Shumigan 

(Area 610) 

Chirikof 

(Area 620) 

Kodiak 

(Area 630) Total 3

A (January 20–May 31) ................................................................................... 1,823 62,771 9,864 74,459 

B (September 1–November 1) ........................................................................ 27,333 20,511 26,614 74,459 


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Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Proposed Rules 85191 

TABLE 2—PROPOSED 2024 AND 2025 DISTRIBUTION OF POLLOCK IN THE CENTRAL AND WESTERN REGULATORY AREAS

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

[Values are rounded to the nearest metric ton] 

Season 2 Shumigan 

(Area 610) 

Chirikof 

(Area 620) 

Kodiak 

(Area 630) Total 3

Annual Total ............................................................................................. 29,156 83,283 36,478 148,917 

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

2As established by § 679.23(d)(2), the A and B season allowances are available from January 20 through May 31 and September 1 through 

November 1, respectively. The amounts of pollock for processing by the inshore and offshore components are not shown in this table. 3The West Yakutat and Southeast Outside District pollock TACs are not allocated by season and are not included in the total pollock TACs 

shown in this table. 

Proposed Annual and Seasonal 

Apportionments of Pacific Cod TAC 

Pursuant to § 679.20(a)(12)(i), NMFS 

proposes allocations for the 2024 and 

2025 Pacific cod TACs in the Western 

and Central Regulatory Areas of the 

GOA among gear and operational 

sectors. NMFS also proposes seasonal 

apportionments of the Pacific cod TACs 

in the Western and Central Regulatory 

Areas. A portion of the annual TAC is 

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

1 through June 10, and for trawl gear 

from January 20 through June 10. The 

remainder of the annual TAC is 

apportioned to the B season for jig gear 

from June 10 through December 31, for 

hook-and-line and pot gear from 

September 1 through December 31, and 

for trawl gear from September 1 through 

November 1 (§§ 679.23(d)(3) and 

679.20(a)(12)). NMFS also proposes 

allocating the 2024 and 2025 Pacific cod 

TACs annually between the inshore (90 

percent) and offshore (10 percent) 

components in the Eastern Regulatory 

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

In the Western GOA, the Pacific cod 

TAC is apportioned seasonally first to 

vessels using jig gear, and then among 

CVs using hook-and-line gear, catcher/ 

processors (CP) using hook-and-line 

gear, CVs using trawl gear, CPs using 

trawl gear, and vessels using pot gear 

(§ 679.20(a)(12)(i)(A)). In the Central 

GOA, the Pacific cod TAC is 

apportioned seasonally first to vessels 

using jig gear, and then among CVs less 

than 50 feet (15.2 meters (m)) in length 

overall using hook-and-line gear, CVs 

equal to or greater than 50 feet (15.2 m) 

in length overall using hook-and-line 

gear, CPs using hook-and-line gear, CVs 

using trawl gear, CPs using trawl gear, 

and vessels using pot gear 

(§ 679.20(a)(12)(i)(B)). For 2024 and 

2025, NMFS proposes apportioning the 

jig sector allocations for the Western 

and Central GOA between the A season 

(60 percent) and the B season (40 

percent) (§ 679.20(a)(12)(i)). Excluding 

seasonal apportionments to the jig gear 

sector, NMFS proposes apportioning the 

remainder of the annual Pacific cod 

TACs as follows: the seasonal 

apportionments of the annual TAC in 

the Western GOA are 63.84 percent to 

the A season and 36.16 percent to the 

B season, and in the Central GOA are 

64.16 percent to the A season and 35.84 

percent to the B season. 

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

or underage of the Pacific cod allowance 

from the A season may be subtracted 

from, or added to, the subsequent B 

season allowance. In addition, any 

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

or jig sector allocations that is 

determined by NMFS as likely to go 

unharvested by a sector may be 

reallocated to other sectors for harvest 

during the remainder of the fishing year. 

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

(B), a portion of the annual Pacific cod 

TACs in the Western and Central GOA 

will be allocated to vessels with a 

Federal fisheries permit that use jig gear 

before the TACs are apportioned among 

other non-jig sectors. In accordance with 

the FMP, the annual jig sector 

allocations may increase to up to 6 

percent of the annual Western and 

Central GOA Pacific cod TACs, 

depending on the annual performance 

of the jig sector (see table 1 of 

Amendment 83 to the FMP for a 

detailed discussion of the jig sector 

allocation process (76 FR 74670, 

December 1, 2011)). Jig sector allocation 

increases are established for a minimum 

of 2 years. 

NMFS has evaluated the historical 

harvest performance of the jig sector in 

the Western and Central GOA, and is 

proposing the 2024 and 2025 Pacific cod 

apportionments to this sector based on 

its historical harvest performance 

through 2022. For 2024 and 2025, 

NMFS proposes that the jig sector 

receive 2.5 percent of the annual Pacific 

cod TAC in the Western GOA. The 2024 

and 2025 allocations consist of a base 

allocation of 1.5 percent of the Western 

GOA Pacific cod TAC and a harvest 

performance increase of 1.0 percent. For 

2024 and 2025, NMFS also proposes 

that the jig sector receive 1.0 percent of 

the annual Pacific cod TAC in the 

Central GOA. The 2024 and 2025 

allocations consist of a base allocation 

of 1.0 percent and no additional 

performance increases. The 2014 

through 2023 Pacific cod jig allocations, 

catch, and percent allocation changes 

are listed in table 3 (and, as explained 

below, NMFS will update the 2023 

summary once the fishing year is 

complete). 

TABLE 3—SUMMARY OF WESTERN GOA AND CENTRAL GOA PACIFIC COD CATCH BY JIG GEAR IN 2014 THROUGH 2023, 

AND CORRESPONDING PERCENT ALLOCATION CHANGES

Area Year 

Initial 

percent 

of TAC 

Initial 

TAC 

allocation 

Catch 

(mt) 

Percent of 

initial 

allocation 

>90% of 

initial 

allocation? 

Change to 

percent 

allocation 

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

2015 3.5 948 55 6 N ................. None. 

2016 3.5 992 52 5 N ................. Decrease 1%. 

2017 2.5 635 49 8 N ................. Decrease 1%. 

2018 1.5 125 121 97 Y ................. Increase 1%. 

2019 2.5 134 134 100 Y ................. Increase 1%. 

2020 1 n/a 

2021 3.5 195 26 13 N ................. None. 

2022 3.5 243 2 1 N ................. Decrease 1%. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
85192 Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Proposed Rules 

TABLE 3—SUMMARY OF WESTERN GOA AND CENTRAL GOA PACIFIC COD CATCH BY JIG GEAR IN 2014 THROUGH 2023, 

AND CORRESPONDING PERCENT ALLOCATION CHANGES—Continued 

Area Year 

Initial 

percent 

of TAC 

Initial 

TAC 

allocation 

Catch 

(mt) 

Percent of 

initial 

allocation 

>90% of 

initial 

allocation? 

Change to 

percent 

allocation 

2023 2.5 131 131 101 Y ................. Increase 1%. 

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

2015 1.0 460 355 77 N ................. None. 

2016 1.0 370 267 72 N ................. None. 

2017 1.0 331 18 6 N ................. None. 

2018 1.0 61 0 0 N ................. None. 

2019 1.0 58 30 52 N ................. None. 

2020 1 n/a 

2021 1.0 102 26 26 N ................. None. 

2022 1.0 113 3 3 N ................. None. 

2023 1.0 111 246 222 Y ................. Increase 1%. 

1 NMFS did not evaluate the 2020 performance of the jig sectors in the Western and Central GOA because NMFS prohibited directed fishing for all Pacific cod sectors in 2020 (84 FR 70438, December 23, 2019). 

NMFS will re-evaluate the annual 

2023 harvest performance of the jig 

sector in the Western and Central GOA 

when the 2023 fishing year is complete 

to determine whether to change the jig 

sector allocations proposed by this 

action in conjunction with the final 

2024 and 2025 harvest specifications. 

The current catch through October 2023 

by the Western and Central GOA jig 

sectors indicates that the Pacific cod 

allocation percentage to these sectors 

would each increase by 1 percent. Table 

4 lists the seasonal apportionments and 

allocations of the proposed 2024 and 

2025 Pacific cod TACs. 

TABLE 4—PROPOSED 2024 AND 2025 SEASONAL APPORTIONMENTS AND ALLOCATIONS OF PACIFIC COD TAC AMOUNTS

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

INSHORE AND OFFSHORE PROCESSING COMPONENTS

[Values are rounded to the nearest metric ton] 

Regulatory area and sector 

Annual 

allocation 

(mt) 

A Season B Season 

Sector 

percentage of 

annual 

non-jig TAC 

Seasonal 

allowances 

(mt) 

Sector 

percentage of 

annual 

non-jig TAC 

Seasonal 

allowances 

(mt) 

Western GOA: 

Jig (2.5% of TAC) ......................................................... 120 N/A 72 N/A 48 

Hook-and-line CV ......................................................... 66 0.7 33 0.70 33 

Hook-and-line CP ......................................................... 929 10.9 511 8.90 417 

Trawl CV ....................................................................... 1,801 31.54 1,479 6.86 322 

Trawl CP ....................................................................... 113 0.9 42 1.50 70 

Pot CV and Pot CP ...................................................... 1,783 19.80 929 18.20 854 

Total ....................................................................... 4,811 63.84 3,067 36.16 1,744 

Central GOA: 

Jig (1.0% of TAC) ......................................................... 102 N/A 61 N/A 41 

Hook-and-line <50 CV .................................................. 1,481 9.32 944 5.29 536 

Hook-and-line ≥50 CV .................................................. 680 5.61 569 1.10 111 

Hook-and-line CP ......................................................... 518 4.11 416 0.9975 101 

Trawl CV1 ..................................................................... 4,216 25.29 2,564 16.29 1,652 

Trawl CP ....................................................................... 426 2.00 203 2.19 222 

Pot CV and Pot CP ...................................................... 2,819 17.83 1,808 9.98 1,011 

Total ....................................................................... 10,241 64.16 6,566 35.84 3,675 

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

1,616 1,455 162 

1Trawl catcher vessels participating in Rockfish Program cooperatives receive 3.81 percent, or 390 mt, of the annual Central GOA Pacific cod 

TAC (see Table 28c to 50 CFR part 679). This apportionment is deducted from the Trawl CV B season allowance (see Table 9: Proposed 2024 

and 2025 Apportionments of Rockfish Secondary Species in the Central GOA and Table 28c to 50 CFR part 679). 

Proposed Allocations of the Sablefish 

TAC Amounts to Vessels Using Fixed 

Gear and Trawl Gear 

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

requires allocations of sablefish TACs 

for each of the regulatory areas and 

districts to fixed and trawl gear. In the 

Western and Central Regulatory Areas, 

80 percent of each TAC is allocated to 

fixed gear, and 20 percent of each TAC 

is allocated to trawl gear. In the Eastern 

Regulatory Area, 95 percent of the TAC 

is allocated to fixed gear, and 5 percent 

is allocated to trawl gear. The trawl gear 

allocation in the Eastern Regulatory 

Area may be used only to support 

incidental catch of sablefish while 

directed fishing for other target species 

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

In recognition of the prohibition 

against trawl gear in the SEO District of 


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the Eastern Regulatory Area, the Council 

recommended, and NMFS proposes, 

specifying for incidental catch the 

allocation of 5 percent of the Eastern 

Regulatory Area sablefish (WYK and 

SEO Districts combined) TAC to trawl 

gear in the WYK District of the Eastern 

Regulatory Area. The remainder of the 

WYK District sablefish TAC is allocated 

to vessels using fixed gear. This 

proposed action allocates 100 percent of 

the sablefish TAC in the SEO District to 

vessels using fixed gear. This results in 

proposed 2024 allocations of 383 mt to 

trawl gear and 2,287 mt to fixed gear in 

the WYK District, and a proposed 2024 

allocation of 4,981 mt to fixed gear in 

the SEO District. table 5 lists the 

allocations of the proposed 2024 

sablefish TACs to fixed and trawl gear. 

Table 6 lists the allocations of the 

proposed 2025 sablefish TACs to trawl 

gear. 

The Council recommended that the 

trawl sablefish TAC be established for 2 

years so that retention of incidental 

catch of sablefish by trawl gear could 

commence in January in the second year 

of the groundfish harvest specifications. 

Tables 5 and 6 list the proposed 2024 

and 2025 trawl allocations, respectively. 

The Council also recommended that 

the fixed gear sablefish TAC be 

established annually to ensure that the 

sablefish individual fishing quota (IFQ) 

fishery is conducted concurrently with 

the halibut IFQ fishery and is based on 

the most recent survey information. 

Since there is an annual assessment for 

sablefish and since the final harvest 

specifications are expected to be 

published before the IFQ season begins 

(typically, in early March), the Council 

recommended that the fixed gear 

sablefish TAC be set annually, rather 

than for 2 years. Accordingly, table 5 

lists the proposed 2024 fixed gear 

allocations, and the 2025 fixed gear 

allocations will be specified in the 2025 

and 2026 harvest specifications. 

With the exception of the trawl 

allocations that are provided to the 

Rockfish Program (see Table 28c to 50 

CFR part 679), directed fishing for 

sablefish with trawl gear is closed 

during the fishing year. Also, fishing for 

groundfish with trawl gear is prohibited 

prior to January 20 (§ 679.23(c)). 

Therefore, it is not likely that the 

sablefish allocation to trawl gear would 

be reached before the effective date of 

the final 2024 and 2025 harvest 

specifications. 

TABLE 5—PROPOSED 2024 SABLEFISH TAC AMOUNTS IN THE GULF OF ALASKA AND ALLOCATIONS TO FIXED AND TRAWL

GEAR

[Values are rounded to the nearest metric ton] 

Area/district TAC Fixed gear allocation Trawl allocation 

Western .................................................................................................................... 4,626 3,701 925 

Central 1 ................................................................................................................... 8,819 7,055 1,764 

West Yakutat 2 ......................................................................................................... 2,669 2,287 383 

Southeast Outside ................................................................................................... 4,981 4,981 0 

Total .................................................................................................................. 21,095 18,024 3,072 

1The proposed trawl allocation of sablefish to the Central Regulatory Area is further apportioned to the Rockfish Program cooperatives (907 

mt). See Table 9: Proposed 2024 and 2025 Apportionments of Rockfish Secondary Species in the Central GOA. This results in 856 mt being 

available for the non-Rockfish Program trawl fisheries. 2The proposed trawl allocation is based on allocating 5 percent of the Eastern Regulatory Area (West Yakutat and Southeast Outside Districts 

combined) sablefish TAC as incidental catch to trawl gear in the West Yakutat District. 

TABLE 6—PROPOSED 2025 SABLEFISH TAC AMOUNTS IN THE GULF OF ALASKA AND ALLOCATION TO TRAWL GEAR 1

[Values are rounded to the nearest metric ton] 

Area/district TAC Fixed gear allocation Trawl allocation 

Western .................................................................................................................... 4,626 n/a 925 

Central 2 ................................................................................................................... 8,819 n/a 1,764 

West Yakutat 3 ......................................................................................................... 2,669 n/a 383 

Southeast Outside ................................................................................................... 4,981 n/a 0

Total .................................................................................................................. 21,095 n/a 3,072 

1The Council recommended that the proposed 2025 harvest specifications for the fixed gear sablefish Individual Fishing Quota fisheries not be 

specified in the 2024 and 2025 harvest specifications. 2The proposed trawl allocation of sablefish to the Central Regulatory Area is further apportioned to the Rockfish Program cooperatives (907 

mt). See Table 9: Proposed 2024 and 2025 Apportionments of Rockfish Secondary Species in the Central GOA. This results in 856 mt being 

available for the non-Rockfish Program trawl fisheries. 3The proposed trawl allocation is based on allocating 5 percent of the Eastern Regulatory Area (West Yakutat and Southeast Outside Districts 

combined) sablefish TAC as incidental catch to trawl gear in the West Yakutat District. 

Proposed Allocations, Apportionments, 

and Sideboard Limitations for the 

Rockfish Program 

These proposed 2024 and 2025 

harvest specifications for the GOA 

include the fishery cooperative 

allocations and sideboard limitations 

established by the Rockfish Program. 

Program participants are primarily trawl 

CVs and trawl CPs, with limited 

participation by vessels using longline 

gear. The Rockfish Program assigns 

quota share and cooperative quota to 

trawl participants for primary species 

(Pacific ocean perch, northern rockfish, 

and dusky rockfish) and secondary 

species (Pacific cod, rougheye rockfish, 

sablefish, shortraker rockfish, and 

thornyhead rockfish), allows a 

participant holding a LLP license with 

rockfish quota share to form a rockfish 

cooperative with other persons, and 

allows holders of CP LLP licenses to opt 

out of the fishery. The Rockfish Program 

also has an entry level fishery for 

rockfish primary species for vessels 

using longline gear. Longline gear 

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

handline gear. 

Under the Rockfish Program, rockfish 

primary species in the Central GOA are 

allocated to participants after deducting 


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for incidental catch needs in other 

directed fisheries (§ 679.81(a)(2)). 

Participants in the Rockfish Program 

also receive a portion of the Central 

GOA TAC of specific secondary species. 

In addition to groundfish species, the 

Rockfish Program allocates a portion of 

the halibut PSC limit (191 mt) from the 

third season deep-water species fishery 

allowance for the GOA trawl fisheries to 

Rockfish Program participants 

(§ 679.81(d) and Table 28d to 50 CFR 

part 679). The Rockfish Program also 

establishes sideboard limits to restrict 

the ability of harvesters operating under 

the Rockfish Program to increase their 

participation in other, non-Rockfish 

Program fisheries. These restrictions 

and halibut PSC limits are discussed in 

the Rockfish Program Groundfish 

Sideboard and Halibut PSC Limitations 

section of this rule. 

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

to 50 CFR part 679 require allocations 

of 5 mt of Pacific ocean perch, 5 mt of 

northern rockfish, and 50 mt of dusky 

rockfish to the entry level longline 

fishery in 2024 and 2025. The 

allocations of primary species to the 

entry level longline fishery may increase 

incrementally each year if the catch 

exceeds 90 percent of the allocation of 

a species. The incremental increase in 

the allocations would continue each 

year until reaching the maximum 

percentage of the TAC for that species. 

In 2023, the catch for all three primary 

species did not exceed 90 percent of any 

allocated rockfish species. Therefore, 

NMFS is not proposing any increases to 

the entry level longline fishery 2024 and 

2025 allocations in the Central GOA. 

The remainder of the TACs for the 

rockfish primary species, after 

subtracting the ICAs, would be allocated 

to the CV and CP cooperatives 

(§ 679.81(a)(2)(iii)). Table 7 lists the 

allocations of the proposed 2024 and 

2025 TACs for each rockfish primary 

species to the entry level longline 

fishery, the potential incremental 

increases for future years, and the 

maximum percentage allocations of the 

TACs of the rockfish primary species to 

the entry level longline fishery. 

TABLE 7—PROPOSED 2024 AND 2025 ALLOCATIONS OF ROCKFISH PRIMARY SPECIES TO THE ENTRY LEVEL LONGLINE

FISHERY IN THE CENTRAL GULF OF ALASKA

Rockfish primary species 

Proposed 2024 and 

2025 allocations 

(metric tons) 

Incremental 

increase in 2025 

if >90 percent 

of 2024 allocation 

is harvested 

(metric tons) 

Up to maximum 

percent of each 

TAC of 

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

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

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

Section 679.81 requires allocations of 

rockfish primary species among various 

sectors of the Rockfish Program. Table 8 

lists the proposed 2024 and 2025 

allocations of rockfish primary species 

in the Central GOA to the entry level 

longline fishery and rockfish CV and CP 

cooperatives in the Rockfish Program. 

NMFS also proposes setting aside ICAs 

for other directed fisheries in the 

Central GOA of 3,000 mt of Pacific 

ocean perch, 300 mt of northern 

rockfish, and 250 mt of dusky rockfish. 

These amounts are based on recent 

average incidental catches in the Central 

GOA by other groundfish fisheries. 

Allocations among vessels belonging 

to CV or CP cooperatives are not 

included in these proposed harvest 

specifications. Rockfish Program 

applications for CV cooperatives and CP 

cooperatives are not due to NMFS until 

March 1 of each calendar year; 

therefore, NMFS cannot calculate 2024 

and 2025 allocations in conjunction 

with these proposed harvest 

specifications. NMFS will announce the 

2024 allocations after March 1. 

TABLE 8—PROPOSED 2024 AND 2025 ALLOCATIONS OF ROCKFISH PRIMARY SPECIES IN THE CENTRAL GULF OF ALASKA

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

[Values are rounded to the nearest metric ton] 

Rockfish primary species Central GOA 

TAC 

Incidental 

catch 

allowance 

(ICA) 

TAC minus 

ICA 

Allocation 

to the 

entry level 

longline 1

fishery 

Allocation 

to the 

rockfish 

cooperatives 2

Pacific ocean perch ......................................................................... 29,138 3,000 26,138 5 26,133 

Northern rockfish .............................................................................. 2,244 300 1,944 5 1,939 

Dusky rockfish .................................................................................. 7,264 250 7,014 50 6,964 

Total .......................................................................................... 38,646 3,550 35,096 60 35,036 

1 Longline gear includes hook-and-line, jig, troll, and handline gear (50 CFR 679.2). 

2 Rockfish cooperatives include vessels in CV and CP cooperatives (50 CFR 679.81). 

Section 679.81(c) and Table 28c to 50 

CFR part 679 requires allocations of 

rockfish secondary species to CV and CP 

cooperatives in the Central GOA. CV 

cooperatives receive allocations of 

Pacific cod, sablefish from the trawl gear 

allocation, and thornyhead rockfish. CP 

cooperatives receive allocations of 

sablefish from the trawl gear allocation, 

rougheye and blackspotted rockfish, 

shortraker rockfish, and thornyhead 

rockfish. Table 9 lists the 

apportionments of the proposed 2024 

and 2025 TACs of rockfish secondary 

species in the Central GOA to CV and 

CP cooperatives. 


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TABLE 9—PROPOSED 2024 AND 2025 APPORTIONMENTS OF ROCKFISH SECONDARY SPECIES IN THE CENTRAL GOA TO

CATCHER VESSEL AND CATCHER/PROCESSOR COOPERATIVES

[Values are in metric tons] 

Rockfish secondary species Central GOA 

annual TAC 

Catcher vessel 

cooperatives 

Catcher/processor 

cooperatives 

Percentage 

of TAC 

Apportionment 

(mt) 

Percentage 

of TAC 

Apportionment 

(mt) 

Pacific cod ............................................................................ 10,241 3.81 390 0.00 ........................

Sablefish .............................................................................. 8,819 6.78 598 3.51 310 

Shortraker rockfish ............................................................... 280 0.00 0 40.00 112 

Rougheye and blackspotted rockfish ................................... 231 0.00 0 58.87 136 

Thornyhead rockfish ............................................................ 693 7.84 54 26.50 184 

Halibut PSC Limits 

Section 679.21(d) establishes annual 

halibut PSC limit apportionments to 

trawl and hook-and-line gear, and 

authorizes the establishment of 

apportionments for pot gear. In October 

2023, the Council recommended, and 

NMFS proposes, halibut PSC limits of 

1,705 mt for trawl gear, 257 mt for hookand-line gear, and 9 mt for the demersal 

shelf rockfish (DSR) fishery in the SEO 

District for both 2024 and 2025. 

The DSR fishery in the SEO District 

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

fishery is apportioned 9 mt of the 

halibut PSC limit in recognition of its 

small-scale harvests of groundfish 

(§ 679.21(d)(2)(i)(A)). The separate 

halibut PSC limit for the DSR fishery is 

intended to prevent that fishery from 

being impacted from the halibut PSC 

incurred by other GOA fisheries. NMFS 

estimates low halibut bycatch in the 

DSR fishery because (1) the duration of 

the DSR fisheries and the gear soak 

times are short; (2) the DSR fishery 

occurs in the winter when there is less 

overlap in the distribution of DSR and 

halibut; and (3) the directed commercial 

DSR fishery has a low DSR TAC. The 

Alaska Department of Fish and Game 

sets the commercial GHL for the DSR 

fishery after deducting (1) estimates of 

DSR incidental catch in all fisheries 

(including halibut and subsistence); and 

(2) the allocation to the DSR sport fish 

fishery. In 2023, the commercial fishery 

for DSR was closed due to concerns 

about declining DSR biomass. 

The FMP authorizes the Council to 

exempt specific gear from the halibut 

PSC limits. NMFS, after consultation 

with the Council, proposes to exempt 

pot gear, jig gear, and the sablefish IFQ 

hook-and-line gear fishery categories 

from the non-trawl halibut PSC limit for 

2024 and 2025. The Council 

recommended, and NMFS is proposing, 

these exemptions because (1) pot gear 

fisheries have low annual halibut 

bycatch mortality; (2) IFQ program 

regulations prohibit discard of halibut if 

any halibut IFQ permit holder on board 

a CV holds unused halibut IFQ for that 

vessel category and the IFQ regulatory 

area in which the vessel is operating 

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

permit holders hold halibut IFQ permits 

and are therefore required to retain the 

halibut they catch while fishing 

sablefish IFQ; and (4) NMFS estimates 

negligible halibut mortality for the jig 

gear fisheries given the small amount of 

groundfish harvested by jig gear, the 

selective nature of jig gear, and the high 

survival rates of halibut caught and 

released with jig gear. 

The best available information on 

estimated halibut bycatch consists of 

data collected by fisheries observers 

during 2023. The calculated halibut 

bycatch mortality through November 8, 

2023 is 292 mt for trawl gear and 23 mt 

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

mortality of 271 mt. This halibut 

mortality was calculated using 

groundfish and IFQ halibut catch data 

from the NMFS Alaska Region’s catch 

accounting system. This accounting 

system contains historical and recent 

catch information compiled from each 

Alaska groundfish and IFQ halibut 

fishery. 

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

authorizes NMFS to seasonally 

apportion the halibut PSC limits after 

consultation with the Council. The FMP 

and regulations require that the Council 

and NMFS consider the following 

information in seasonally apportioning 

halibut PSC limits: (1) seasonal 

distribution of halibut; (2) seasonal 

distribution of target groundfish species 

relative to halibut distribution; (3) 

expected halibut bycatch needs on a 

seasonal basis relative to changes in 

halibut biomass and expected catch of 

target groundfish species; (4) expected 

bycatch rates on a seasonal basis; (5) 

expected changes in directed groundfish 

fishing seasons; (6) expected actual start 

of fishing effort; and (7) economic 

effects of establishing seasonal halibut 

allocations on segments of the target 

groundfish industry. Based on public 

comment, information presented in the 

2023 SAFE report, NMFS catch data, 

State catch data, and International 

Pacific Halibut Commission (IPHC) 

stock assessment and mortality data, the 

Council may recommend, or NMFS may 

make changes, to the seasonal, geartype, or fishery category apportionments 

of halibut PSC limits for the final 2024 

and 2025 harvest specifications 

pursuant to § 679.21(d)(1) and (d)(4). 

The final 2023 and 2024 harvest 

specifications (88 FR 13238, March 2, 

2023) list the Council and NMFS’s 

seasonal apportionments based on these 

FMP and regulatory considerations with 

respect to halibut PSC limits. The 

Council and NMFS’s seasonal 

apportionments for these proposed 2024 

and 2025 harvest specifications are 

unchanged from the final 2023 and 2024 

harvest specifications. Table 10 lists the 

proposed 2024 and 2025 Pacific halibut 

PSC limits, allowances, and 

apportionments. The halibut PSC limits 

in tables 10, 11, and 12 reflect the 

halibut PSC limits set forth at 

§ 679.21(d)(2) and (3). Section 

679.21(d)(4)(iii) and (iv) specifies that 

any underages or overages of a seasonal 

apportionment of a halibut PSC limit 

will be added to or deducted from the 

next respective seasonal apportionment 

within the fishing year. 


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TABLE 10—PROPOSED 2024 AND 2025 PACIFIC HALIBUT PSC LIMITS, ALLOWANCES, AND APPORTIONMENTS

[Values are in metric tons] 

Trawl gear Hook-and-line gear 1

Season Percent Amount 

Other than DSR DSR 

Season Percent Amount Season Amount 

January 20–April 1 .............. 30.5 520 January 1–June 10 ............. 86 220 January 1–December 31 .... 9 

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

July 1–August 1 .................. 27 460 September 1–December 31 12 31 

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

October 1–December 31 ..... 15 256 

Total ............................. .............. 1,705 ............................................. .............. 256 ............................................. 9 

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

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

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

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

further apportionment of the trawl 

halibut PSC limit as bycatch allowances 

to trawl fishery categories listed in 

§ 679.21(d)(3)(iii). The annual 

apportionments are based on each 

category’s share of the anticipated 

halibut bycatch mortality during a 

fishing year and optimization of the 

total amount of groundfish harvest 

under the halibut PSC limit. The fishery 

categories for the trawl halibut PSC 

limits are: (1) a deep-water species 

fishery, composed of sablefish, rockfish, 

deep-water flatfish, rex sole, and 

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

pollock, Pacific cod, shallow-water 

flatfish, flathead sole, Atka mackerel, 

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

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

mortality incurred while directed 

fishing for skates with trawl gear 

accrues towards the shallow-water 

species fishery halibut PSC limit (69 FR 

26320, May 12, 2004). 

NMFS will combine available trawl 

halibut PSC limit apportionments in 

part of the second season deep-water 

and shallow-water species fisheries for 

use in either fishery from May 15 

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

This is intended to maintain groundfish 

harvest while minimizing halibut 

bycatch by these sectors to the extent 

practicable. This provides the trawl gear 

deep-water and shallow-water species 

fisheries additional flexibility and the 

incentive to participate in fisheries at 

times of the year that may have lower 

halibut PSC rates relative to other times 

of the year. 

Table 11 lists the proposed 2024 and 

2025 seasonal apportionments of trawl 

halibut PSC limits between the trawl 

gear deep-water and the shallow-water 

species fisheries. 

Table 28d to 50 CFR part 679 specifies 

the amount of the trawl halibut PSC 

limit that is assigned to the CV and CP 

sectors that are participating in the 

Central GOA Rockfish Program. This 

includes 117 mt of halibut PSC limit to 

the CV sector and 74 mt of halibut PSC 

limit to the CP sector. These amounts 

are allocated from the trawl deep-water 

species fishery’s halibut PSC third 

seasonal apportionment. After the 

combined CV and CP halibut PSC limit 

allocation of 191 mt to the Rockfish 

Program, 150 mt remains for the trawl 

deep-water species fishery’s halibut PSC 

third seasonal apportionment. 

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

amount of the halibut PSC limit 

allocated to Rockfish Program 

participants that could be reapportioned to the general GOA trawl 

fisheries for the last seasonal 

apportionment during the current 

fishing year to no more than 55 percent 

of the unused annual halibut PSC limit 

apportioned to Rockfish Program 

participants. The remainder of the 

unused Rockfish Program halibut PSC 

limit is unavailable for use by any 

person for the remainder of the fishing 

year (§ 679.21(d)(4)(iii)(C)). 

TABLE 11—PROPOSED 2024 AND 2025 APPORTIONMENT OF THE PACIFIC HALIBUT PSC LIMITS BETWEEN THE TRAWL

GEAR SHALLOW-WATER AND DEEP-WATER SPECIES FISHERY CATEGORIES

[Values are in metric tons] 

Season Shallow-water Deep-water 1 Total 

January 20–April 1 ........................................................................................................... 385 135 520 

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

July 1–August 1 ............................................................................................................... 120 340 460 

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

Subtotal, January 20–October 1 .............................................................................. 643 806 1,449 

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

Total ................................................................................................................... .............................. .............................. 1,705 

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

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

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

the ‘‘other hook-and-line fishery’’ 

halibut PSC limit apportionment to 

vessels using hook-and-line gear must 

be apportioned between CVs and CPs in 

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


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conjunction with these harvest 

specifications. A comprehensive 

description and example of the 

calculations necessary to apportion the 

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

PSC limit between the hook-and-line CV 

and CP sectors were included in the 

proposed rule to implement 

Amendment 83 to the FMP (76 FR 

44700, July 26, 2011) and are not 

repeated here. 

Pursuant to § 679.21(d)(2)(iii), the 

hook-and-line halibut PSC limit for the 

‘‘other hook-and-line fishery’’ is 

apportioned between the CV and CP 

sectors in proportion to the total 

Western and Central GOA Pacific cod 

allocations, which vary annually based 

on the proportion of the Pacific cod 

biomass between the Western, Central, 

and Eastern GOA. Pacific cod is 

apportioned among these three 

management areas based on the 

percentage of overall biomass per area, 

as calculated in the 2022 Pacific cod 

stock assessment. Updated information 

in the final 2022 SAFE report describes 

this distributional calculation, which 

allocates ABC among GOA regulatory 

areas on the basis of the three most 

recent stock surveys. For 2024 and 2025, 

the proposed distribution of the total 

GOA Pacific cod ABC is 30.3 percent to 

the Western GOA, 60.2 percent to the 

Central GOA, and 9.5 percent to the 

Eastern GOA. Therefore, the 

calculations made in accordance with 

§ 679.21(d)(2)(iii) incorporate the most 

recent information on GOA Pacific cod 

distribution and allocations with respect 

to the proposed annual halibut PSC 

limits for the CV and CP hook-and-line 

sectors. Additionally, the annual halibut 

PSC limits for both the CV and CP 

sectors of the ‘‘other hook-and-line 

fishery’’ are proposed to be divided into 

three seasonal apportionments, using 

seasonal percentages of 86 percent, 2 

percent, and 12 percent. 

For 2024 and 2025, NMFS proposes 

annual halibut PSC limits of 150 mt and 

107 mt to the hook-and-line CV and 

hook-and-line CP sectors, respectively. 

Table 12 lists the proposed 2024 and 

2025 apportionments of halibut PSC 

limits between the hook-and-line CV 

and the hook-and-line CP sectors of the 

‘‘other hook-and-line fishery.’’ 

No later than November 1 of each 

year, NMFS will calculate the projected 

unused amount of halibut PSC limit by 

either of the CV or CP hook-and-line 

sectors of the ‘‘other hook-and-line 

fishery’’ for the remainder of the year. 

The projected unused amount of halibut 

PSC limit is made available to the other 

hook-and-line sector for the remainder 

of that fishing year 

(§ 679.21(d)(2)(iii)(C)), if NMFS 

determines that an additional amount of 

halibut PSC is necessary for that sector 

to continue its directed fishing 

operations. 

TABLE 12—PROPOSED 2024 AND 2025 APPORTIONMENTS OF THE ‘‘OTHER HOOK-AND-LINE FISHERY’’ ANNUAL HALIBUT

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

[Values are in metric tons] 

‘‘Other than DSR’’ 

allowance Hook-and-line sector Sector annual amount Season Seasonal percentage 

Sector seasonal 

amount 

257 .................................. Catcher Vessel ............... 150 January 1–June 10 ......... 86 129 

June 10–September 1 .... 2 3 

September 1–December 

31.

12 18 

Catcher/Processor .......... 107 January 1–June 10 ......... 86 92 

June 10–September 1 .... 2 2 

September 1–December 

31.

12 13 

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 (DMR), and 

estimates of groundfish catch to project 

when a fishery’s halibut bycatch 

mortality allowance or seasonal 

apportionment is reached. Halibut 

incidental catch rates are based on 

observed estimates of halibut incidental 

catch in the groundfish fishery. DMRs 

are estimates of the proportion of 

incidentally caught halibut that do not 

survive after being returned to the sea. 

The cumulative halibut mortality that 

accrues to a particular halibut PSC limit 

is the product of a DMR multiplied by 

the estimated halibut PSC. DMRs are 

estimated using the best scientific 

information available in conjunction 

with the annual GOA stock assessment 

process. The DMR methodology and 

findings are included as an appendix to 

the annual GOA groundfish SAFE 

report. 

In 2016, the DMR estimation 

methodology underwent revisions per 

the Council’s directive. An interagency 

halibut working group (IPHC, Council, 

and NMFS staff) developed improved 

estimation methods that have 

undergone review by the Plan Team, the 

SSC, and the Council. A summary of the 

revised methodology is contained in the 

GOA proposed 2017 and 2018 harvest 

specifications (81 FR 87881, December 

6, 2016), and the comprehensive 

discussion of the working group’s 

statistical methodology is available from 

the Council (see ADDRESSES). The DMR 

working group’s revised methodology is 

intended to improve estimation 

accuracy, transparency, and 

transferability for calculating DMRs. 

The working group will continue to 

consider improvements to the 

methodology used to calculate halibut 

mortality, including potential changes 

to the reference period (the period of 

data used for calculating the DMRs). 

Future DMRs may change based on 

additional years of observer sampling, 

which could provide more recent and 

accurate data and which could improve 

the accuracy of estimation and progress 

on methodology. The methodology will 

continue to ensure that NMFS is using 

DMRs that more accurately reflect 

halibut mortality, which will inform the 

different sectors of their estimated 

halibut mortality and allow specific 

sectors to respond with methods that 

could reduce mortality and, eventually, 

the DMR for that sector. 

In October 2023, the Council 

recommended halibut DMRs reviewed 

by the Plan Team and SSC, which are 

derived from the revised methodology. 

The proposed 2024 and 2025 DMRs use 

an updated 2-year and 4-year reference 

period depending data availability. 

Consistent with the Council’s intent, 

NMFS is proposing the DMRs 

recommended by the Plan Team and 

reviewed by the SSC for the proposed 


ddrumheller on DSK120RN23PROD with PROPOSALS1
85198 Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Proposed Rules 

2024 and 2025 DMRs. Comparing the 

proposed 2024 and 2025 DMRs to the 

final DMRs from the final 2023 and 

2024 harvest specifications, the 

proposed DMR for Rockfish Program 

CVs using non-pelagic trawl gear 

increased to 56 percent from 55 percent, 

the proposed DMR for non-Rockfish 

Program CVs using non-pelagic trawl 

gear decreased to 69 percent from 74 

percent, the proposed DMR for CPs 

using hook-and-line gear decreased to 

11 percent from 13 percent, the 

proposed DMR for CVs using hook-andline gear increased to 10 percent from 9 

percent, and the proposed DMR for CPs 

and CVs using pot gear decreased to 26 

percent from 27 percent. For pelagic 

trawl gear CVs and CPs, and non-pelagic 

trawl gear mothership and CPs, the 

DMRs remained the same. Table 13 lists 

the proposed 2024 and 2025 DMRs. 

TABLE 13—PROPOSED 2024 AND 2025 HALIBUT DISCARD MORTALITY RATES FOR VESSELS FISHING IN THE GULF OF

ALASKA

[Values are percent of halibut assumed to be dead] 

Gear Sector Groundfish fishery 

Halibut discard 

mortality rate 

(percent) 

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

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

Non-pelagic trawl ................................... Catcher vessel ...................................... Rockfish Program .................................. 56 

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

Mothership and catcher/processor ........ All .......................................................... 83 

Hook-and-line ......................................... Catcher/processor ................................. All .......................................................... 11 

Catcher vessel ...................................... All .......................................................... 10 

Pot .......................................................... Catcher vessel and catcher/processor All .......................................................... 26 

Chinook Salmon Prohibited Species 

Catch Limits 

Section 679.21(h)(2) establishes 

separate Chinook salmon PSC limits in 

the Western and Central regulatory areas 

of the GOA in the trawl pollock directed 

fishery. These limits require that NMFS 

close directed fishing for pollock in the 

Western and Central GOA if the 

applicable Chinook salmon PSC limit is 

reached (§ 679.21(h)(8)). The annual 

Chinook salmon PSC limits in the trawl 

pollock directed fishery of 6,684 salmon 

in the Western GOA and 18,316 salmon 

in the Central GOA are set in 

§ 679.21(h)(2)(i) and (ii). 

Section 679.21(h)(3) and (4) 

established an initial annual PSC limit 

of 7,500 Chinook salmon for the nonpollock groundfish trawl fisheries in the 

Western and Central GOA. This limit is 

apportioned among the three sectors 

that conduct directed fishing for 

groundfish species other than pollock: 

3,600 Chinook salmon to trawl CPs; 

1,200 Chinook salmon to trawl CVs 

participating in the Rockfish Program; 

and 2,700 Chinook salmon to trawl CVs 

not participating in the Rockfish 

Program (§ 679.21(h)(4)). NMFS will 

monitor the Chinook salmon PSC in the 

trawl non-pollock GOA groundfish 

fisheries and close an applicable sector 

if it reaches its Chinook salmon PSC 

limit. 

The Chinook salmon PSC limit for 

two sectors, trawl CPs and trawl CVs not 

participating in the Rockfish Program, 

may be increased in subsequent years 

based on the performance of these two 

sectors and their ability to minimize 

their use of their respective Chinook 

salmon PSC limits. If either or both of 

these two sectors limit its use of 

Chinook salmon PSC to a certain 

threshold amount in 2023 (3,120 for 

trawl CPs and 2,340 for non-Rockfish 

Program trawl CVs), that sector will 

receive an incremental increase to its 

2024 Chinook salmon PSC limit (4,080 

for trawl CPs and 3,060 for non-Rockfish 

Program trawl CVs) (§ 679.21(h)(4)). 

NMFS will evaluate the annual Chinook 

salmon PSC by trawl CPs and nonRockfish Program trawl CVs when the 

2023 fishing year is complete to 

determine whether to increase the 

Chinook salmon PSC limits for these 

two sectors. Based on preliminary 2023 

Chinook salmon PSC data, the trawl CP 

sector may receive an incremental 

increase of Chinook salmon PSC limit in 

2024, and the non-Rockfish Program 

trawl CV sector may receive an 

incremental increase of Chinook salmon 

PSC limit in 2024. This evaluation will 

be completed in conjunction with the 

final 2024 and 2025 harvest 

specifications. 

American Fisheries Act (AFA) CP and 

CV Groundfish Harvest and PSC Limits 

Section 679.64 establishes groundfish 

harvesting and processing sideboard 

limits on AFA CPs and CVs in the GOA. 

These sideboard limits are necessary to 

protect the interests of fishermen and 

processors who do not directly benefit 

from the AFA from those fishermen and 

processors who receive exclusive 

harvesting and processing privileges 

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

prohibits listed AFA CPs and CPs 

designated on a listed AFA CP permit 

from harvesting any species of fish in 

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

prohibits listed AFA CPs and CPs 

designated on a listed AFA CP permit 

from processing any pollock harvested 

in a directed pollock fishery in the GOA 

and any groundfish harvested in 

Statistical Area 630 of the GOA. 

AFA CVs that are less than 125 feet 

(38.1 meters) length overall, have 

annual landings of pollock in the Bering 

Sea and Aleutian Islands of less than 

5,100 mt, and have made at least 40 

landings of GOA groundfish from 1995 

through 1997 are exempt from GOA CV 

groundfish sideboard limits under 

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

non-exempt AFA CVs in the GOA are 

based on their traditional harvest levels 

of TAC in groundfish fisheries covered 

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

establishes the CV groundfish sideboard 

limits in the GOA based on the 

aggregate retained catch by non-exempt 

AFA CVs of each sideboard species from 

2009 through 2019 divided by the TAC 

for that species available to catcher 

vessels from 2009 through 2019. Under 

the PCTC Program, NMFS modified the 

calculation of the sideboard ratios for 

non-exempt AFA CVs, using the 

qualifying years of 2009 through 2019 

(88 FR 53704, August 8, 2023). 

Previously, sideboard limits were based 

on the ratio of catch to the TAC during 

the years 1995 through 1997. 

NMFS published a final rule (84 FR 

2723, February 8, 2019) that 

implemented regulations to prohibit 

non-exempt AFA CVs from directed 

fishing for specific groundfish species or 

species groups subject to sideboard 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Proposed Rules 85199 

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

56 to 50 CFR part 679). Under the PCTC 

Program, NMFS also promulgated 

regulations to prohibit non-exempt AFA 

CVs from directed fishing for additional 

groundfish species or species groups 

subject to sideboard limits (88 FR 

53704, August 8, 2023). All of these 

prohibitions are found in the revised 

Table 56 to 50 CFR part 679. Sideboard 

limits not subject to these final rules 

continue to be calculated and included 

in the GOA annual harvest 

specifications. 

Table 14 lists the proposed 2024 and 

2025 groundfish sideboard limits for 

non-exempt AFA CVs. NMFS will 

deduct all targeted or incidental catch of 

sideboard species made by non-exempt 

AFA CVs from the sideboard limits 

listed in table 14. 

TABLE 14—PROPOSED 2024 AND 2025 GOA NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL (CV) 

GROUNDFISH SIDEBOARD LIMITS

[Values are rounded to the nearest metric ton] 

Species Apportionments by season/gear Area/component 

Ratio of 

2009–2019 

non-exempt 

AFA CV 

retained 

catch to 

2009–2019 

TAC 

Proposed 

2024 and 2025 

TACs 3

Proposed 

2024 and 2025 

non-exempt 

AFA CV 

sideboard 

limit 

Pollock ...................... A Season: January 20–May 31 ................ Shumagin (610) ...... 0.057 1,823 104 

Chirikof (620) .......... 0.064 62,771 4,017 

Kodiak (630) ............ 0.091 9,864 898 

B Season: September 1–November 1 ..... Shumagin (610) ...... 0.057 27,333 1,558 

Chirikof (620) .......... 0.064 20,511 1,313 

Kodiak (630) ............ 0.091 26,614 2,422 

Annual ....................................................... WYK (640) .............. 0.026 8,136 212 

Pacific cod ................ A Season: 1 January 1–June 10 ............... W ............................. 0.009 3,067 28 

C .............................. 0.011 6,562 72 

B Season: 2 September 1–December 31 W ............................. 0.009 1,744 16 

C .............................. 0.011 3,679 40 

Flatfish, shallowwater.Annual ....................................................... C .............................. 0.011 27,737 305 

Rex sole .................... Annual ....................................................... C .............................. 0.014 13,425 188 

Arrowtooth flounder .. Annual ....................................................... C .............................. 0.011 64,200 706 

Flathead sole ............ Annual ....................................................... C .............................. 0.007 21,892 153 

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

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

3The Western and Central GOA and WYK District area apportionments of pollock are considered Annual Catch Limits. 

Non-Exempt AFA Catcher Vessel 

Halibut PSC Limit 

The non-exempt AFA catcher vessels 

and the associated LLP licenses PSC 

limit for halibut in the GOA will be an 

annual amount based on a static ratio of 

0.072, which was derived from the 

aggregate retained groundfish catch by 

non-exempt AFA CVs in each PSC target 

category from 2009 through 2019 

(§ 679.64(b)(4)(ii)). This change was 

implemented with the PCTC Program 

(88 FR 53704, August 8, 2023). Prior to 

the publication of these proposed 

harvest specifications, the halibut PSC 

sideboard limits for non-exempt AFA 

CVs in the GOA were based on the 

aggregate retained groundfish catch by 

non-exempt AFA CVs in each PSC target 

category from 1995 through 1997 

divided by the retained catch of all 

vessels in that fishery from 1995 

through 1997. Table 15 lists the 

proposed 2024 and 2025 non-exempt 

AFA CV halibut PSC sideboard limits 

for vessels using trawl gear in the GOA. 

TABLE 15—PROPOSED 2024 AND

2025 NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL (CV) 

HALIBUT PSC SIDEBOARD LIMITS

Ratio 

(percent) 

Annual trawl 

gear halibut 

PSC limit 

(mt) 

Annual 

non-exempt 

AFA CV 

halibut 

PSC limit 

(mt) 

0.072 ......... 1,705 123 

Non-AFA Crab Vessel Groundfish 

Harvest Limitations 

Section 680.22 establishes groundfish 

sideboard limits for vessels with a 

history of participation in the Bering 

Sea snow crab fishery to prevent these 

vessels from using the increased 

flexibility provided by the Crab 

Rationalization (CR) Program to expand 

their level of participation in the GOA 

groundfish fisheries. Sideboard harvest 

limits restrict these vessels’ catch to 

their collective historical landings in 

each GOA groundfish fishery (except 

the fixed-gear sablefish fishery). 

Sideboard limits also apply to landings 

made using an LLP license derived from 

the history of a restricted vessel, even if 

that LLP license is used on another 

vessel. 

The basis for these sideboard harvest 

limits is described in detail in the final 

rules implementing the major 

provisions of the CR Program, including 

Amendments 18 and 19 to the Fishery 

Management Plan for Bering Sea/ 

Aleutian Islands King and Tanner Crabs 

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

2005), Amendment 34 to the Crab FMP 

(76 FR 35772, June 20, 2011), 

Amendment 83 to the GOA FMP (76 FR 

74670, December 1, 2011), and 

Amendment 45 to the Crab FMP (80 FR 

28539, May 19, 2015). Also, NMFS 

published a final rule (84 FR 2723, 

February 8, 2019) that implemented 

regulations to prohibit non-AFA crab 

vessels from directed fishing for all 

groundfish species or species groups 

subject to sideboard limits, except for 

Pacific cod apportioned to CVs using 

pot gear in the Western and Central 

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

Accordingly, the GOA annual harvest 

specifications include only the nonVerDate Sep<11>2014 17:14 Dec 06, 2023 Jkt 262001 PO 00000 Frm 00070 Fmt 4702 Sfmt 4702 E:\FR\FM\07DEP1.SGM 07DEP1

ddrumheller on DSK120RN23PROD with PROPOSALS1
85200 Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Proposed Rules 

AFA crab vessel groundfish sideboard 

limits for Pacific cod apportioned to 

CVs using pot gear in the Western and 

Central Regulatory Areas. 

Table 16 lists the proposed 2024 and 

2025 groundfish sideboard limits for 

non-AFA crab vessels. All targeted or 

incidental catch of sideboard species 

made by non-AFA crab vessels or 

associated LLP licenses will be 

deducted from these sideboard limits. 

TABLE 16—PROPOSED 2024 AND 2025 GOA NON-AMERICAN FISHERIES ACT CRAB VESSEL GROUNDFISH SIDEBOARD

LIMITS

[Values are rounded to the nearest metric ton] 

Species Season Area/gear 

Ratio of 

1996–2000 

non-AFA 

crab vessel 

catch to 

1996–2000 

total harvest 

Proposed 

2024 and 2025 

TACs 

Proposed 

2024 and 

2025 non-AFA 

crab vessel 

sideboard 

limit 

Pacific cod ................ A Season: January 1–June 10 ................. Western Pot CV ...... 0.0997 3,067 306 

Central Pot CV ........ 0.0474 6,566 311 

B Season: September 1–December 31 ... Western Pot CV ...... 0.0997 1,744 174 

Central Pot CV ........ 0.0474 3,675 174 

Rockfish Program Groundfish Sideboard 

and Halibut PSC Limitations 

The Rockfish Program establishes 

three classes of sideboard provisions: 

CV groundfish sideboard restrictions, 

CP rockfish sideboard restrictions, and 

CP opt-out vessel sideboard restrictions 

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

intended to limit the ability of rockfish 

harvesters to expand into other 

fisheries. 

CVs participating in the Rockfish 

Program may not participate in directed 

fishing for dusky rockfish, Pacific ocean 

perch, and northern rockfish in the 

Western GOA and West Yakutat District 

from July 1 through July 31. Also, CVs 

may not participate in directed fishing 

for arrowtooth flounder, deep-water 

flatfish, and rex sole in the GOA from 

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

Prior to 2021, CPs participating in 

Rockfish Program cooperatives were 

restricted by rockfish sideboard limits in 

the Western GOA. A final rule that 

implemented Amendment 111 to the 

FMP (86 FR 11895, March 1, 2021) 

removed Western GOA rockfish 

sideboard limits for Rockfish Program 

CPs from regulation. That rule also 

revised and clarified the establishment 

of West Yakutat District rockfish 

sideboard ratios in regulation, rather 

than specifying the West Yakutat 

District rockfish sideboard ratios in the 

annual GOA harvest specifications. 

CPs participating in Rockfish Program 

cooperatives are restricted by rockfish 

and halibut PSC sideboard limits. These 

CPs are prohibited from directed fishing 

for dusky rockfish, Pacific ocean perch, 

and northern rockfish in the Western 

GOA and West Yakutat District from 

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

The sideboard ratio for each rockfish 

fishery in the West Yakutat District is 

set forth in § 679.82(e)(4). The rockfish 

sideboard ratio for each rockfish fishery 

in the West Yakutat District is an 

established percentage of the TAC for 

catcher/processors in the directed 

fishery for dusky rockfish and Pacific 

ocean perch. These percentages are 

confidential. Holders of CP-designated 

LLP licenses that opt out of 

participating in a Rockfish Program 

cooperative will be able to access that 

portion of each rockfish sideboard limits 

that is not assigned to Rockfish Program 

cooperatives (§ 679.82(e)(7)). 

Under the Rockfish Program, the CP 

sector is subject to halibut PSC 

sideboard limits for the trawl deepwater and shallow-water species 

fisheries from July 1 through July 31 

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

sideboard ratios by fishery are set forth 

in § 679.82(e)(5). No halibut PSC 

sideboard limits apply to the CV sector, 

as vessels participating in a rockfish 

cooperative receive a portion of the 

annual halibut PSC limit. CPs that opt 

out of the Rockfish Program would be 

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

sideboard limit not assigned to CP 

rockfish cooperatives. The sideboard 

provisions for CPs that elect to opt out 

of participating in a rockfish cooperative 

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

Sideboard limits are linked to the catch 

history of specific vessels that may 

choose to opt out. After March 1, NMFS 

will determine which CPs have optedout of the Rockfish Program in 2024, 

and will know the ratios and amounts 

used to calculate opt-out sideboard 

ratios. NMFS will then calculate any 

applicable opt-out sideboard limits for 

2024 and announce these limits after 

March 1. Table 17 lists the proposed 

2024 and 2025 Rockfish Program halibut 

PSC sideboard limits for the CP sector. 

TABLE 17—PROPOSED 2024 AND 2025 ROCKFISH PROGRAM HALIBUT PSC SIDEBOARD LIMITS FOR THE CATCHER/ 

PROCESSOR SECTOR

[Values are rounded to the nearest metric ton] 

Sector 

Shallow-water 

species fishery 

halibut PSC 

sideboard ratio 

(percent) 

Deep-water 

species fishery 

halibut PSC 

sideboard ratio 

(percent) 

Annual trawl 

gear halibut 

PSC limit 

(mt) 

Annual shallowwater species 

fishery halibut 

PSC sideboard 

limit 

(mt) 

Annual deepwater species 

fishery halibut 

PSC sideboard 

limit 

(mt) 

Catcher/processor .................................. 0.10 2.50 1,705 2 43 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Proposed Rules 85201 

Amendment 80 Program Groundfish 

and PSC Sideboard Limits 

Amendment 80 to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (Amendment 80 

Program) established a limited access 

privilege program for the non-AFA trawl 

CP sector. The Amendment 80 Program 

established groundfish and halibut PSC 

limits for Amendment 80 Program 

participants to limit the ability of 

participants eligible for the Amendment 

80 Program to expand their harvest 

efforts in the GOA. 

Section 679.92 establishes groundfish 

harvesting sideboard limits on all 

Amendment 80 Program vessels, other 

than the F/V Golden Fleece, to amounts 

no greater than the limits shown in 

Table 37 to 50 CFR part 679. Under 

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

prohibited from directed fishing for 

pollock, Pacific cod, Pacific ocean 

perch, dusky rockfish, and northern 

rockfish in the GOA. 

Groundfish sideboard limits for 

Amendment 80 Program vessels 

operating in the GOA are based on their 

average aggregate harvests from 1998 

through 2004 (72 FR 52668, September 

14, 2007). Table 18 lists the proposed 

2024 and 2025 groundfish sideboard 

limits for Amendment 80 Program 

vessels. NMFS will deduct all targeted 

or incidental catch of sideboard species 

made by Amendment 80 Program 

vessels from the sideboard limits in 

table 18. 

TABLE 18—PROPOSED 2024 AND 2025 GOA GROUNDFISH SIDEBOARD LIMITS FOR AMENDMENT 80 PROGRAM VESSELS

[Values are rounded to the nearest metric ton] 

Species Season Area 

Ratio of 

Amendment 80 

sector vessels 

1998–2004 

catch 

to TAC 

Proposed 2024 

and 2025 TAC 

(mt) 3

Proposed 2024 

and 2025 

Amendment 80 

vessel 

sideboard 

limits 

(mt) 

Pollock ...................... A Season: January 20–May 31 ................ Shumagin (610) ...... 0.003 1,823 5 

Chirikof (620) .......... 0.002 62,771 126 

Kodiak (630) ............ 0.002 9,864 20 

B Season: September 1–November 1 ..... Shumagin (610) ...... 0.003 27,333 82 

Chirikof (620) .......... 0.002 20,511 41 

Kodiak (630) ............ 0.002 26,614 53 

Annual ....................................................... WYK (640) .............. 0.002 8,136 16 

Pacific cod ................ A Season: 1 January 1–June 10 ............... W ............................. 0.020 3,067 61 

C .............................. 0.044 6,566 289 

B Season: 2 September 1–December 31 W ............................. 0.020 1,744 35 

C .............................. 0.044 3,675 162 

Annual ....................................................... WYK ........................ 0.034 1,616 55 

Pacific ocean perch .. Annual ....................................................... W ............................. 0.994 2,461 2,446 

WYK ........................ 0.961 1,333 1,281 

Northern rockfish ...... Annual ....................................................... W ............................. 1.000 2,497 2,497 

Dusky rockfish .......... Annual ....................................................... W ............................. 0.764 141 108 

WYK ........................ 0.896 85 76 

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

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

3The Western and Central GOA and WYK District area apportionments of pollock are considered Annual Catch Limits. 

The halibut PSC sideboard limits for 

Amendment 80 Program vessels in the 

GOA are based on the historical use of 

halibut PSC by Amendment 80 Program 

vessels in each PSC target category from 

1998 through 2004. These values are 

slightly lower than the average 

historical use to accommodate two 

factors: allocation of halibut PSC 

cooperative quota under the Rockfish 

Program and the exemption of the F/V 

Golden Fleece from this restriction 

(§ 679.92(b)(2)). Table 19 lists the 

proposed 2024 and 2025 halibut PSC 

sideboard limits for Amendment 80 

Program vessels. This table incorporates 

the maximum percentages of the halibut 

PSC sideboard limits that may be used 

by Amendment 80 Program vessels as 

contained in Table 38 to 50 CFR part 

679. Any residual amount of a seasonal 

Amendment 80 halibut PSC sideboard 

limit may carry forward to the next 

season limit (§ 679.92(b)(2)). 

TABLE 19—PROPOSED 2024 AND 2025 HALIBUT PSC SIDEBOARD LIMITS FOR AMENDMENT 80 PROGRAM VESSELS IN

THE GOA 

[Values are rounded to the nearest metric ton] 

Season Season dates Fishery category 

Historic 

Amendment 80 

use of the annual 

halibut PSC limit 

(ratio) 

Annual trawl gear 

halibut PSC limit 

(mt) 

Proposed 2024 

and 2025 

Amendment 80 

vessel PSC 

sideboard limit 

(mt) 

1 ...................... January 20–April 1 .................. shallow-water .......................... 0.0048 1,705 8 

deep-water .............................. 0.0115 1,705 20 

2 ...................... April 1–July 1 .......................... shallow-water .......................... 0.0189 1,705 32 

deep-water .............................. 0.1072 1,705 183 

3 ...................... July 1–August 1 ...................... shallow-water .......................... 0.0146 1,705 25 

deep-water .............................. 0.0521 1,705 89 


ddrumheller on DSK120RN23PROD with PROPOSALS1
85202 Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Proposed Rules 

TABLE 19—PROPOSED 2024 AND 2025 HALIBUT PSC SIDEBOARD LIMITS FOR AMENDMENT 80 PROGRAM VESSELS IN

THE GOA—Continued 

[Values are rounded to the nearest metric ton] 

Season Season dates Fishery category 

Historic 

Amendment 80 

use of the annual 

halibut PSC limit 

(ratio) 

Annual trawl gear 

halibut PSC limit 

(mt) 

Proposed 2024 

and 2025 

Amendment 80 

vessel PSC 

sideboard limit 

(mt) 

4 ...................... August 1–October 1 ................ shallow-water .......................... 0.0074 1,705 13 

deep-water .............................. 0.0014 1,705 2 

5 ...................... October 1–December 31 ........ shallow-water .......................... 0.0227 1,705 39 

deep-water .............................. 0.0371 1,705 63 

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

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

Grand Total, all seasons and 

categories.

.............................. .............................. 474 

Classification 

NMFS is issuing this proposed rule 

pursuant to section 305(d) of the 

Magnuson-Stevens Act. Through 

previous actions, the FMP and 

regulations are designed to authorize 

NMFS to take this action. See 50 CFR 

part 679. The NMFS Assistant 

Administrator has preliminarily 

determined that the proposed harvest 

specifications are consistent with the 

FMP, the Magnuson-Stevens Act, and 

other applicable laws, subject to further 

review and consideration after public 

comment. 

This action is authorized under 50 

CFR 679.20 and is exempt from review 

under Executive Order 12866 because it 

only implements annual catch limits in 

the GOA. 

NMFS prepared an EIS for the Alaska 

groundfish harvest specifications and 

alternative harvest strategies (see 

ADDRESSES) and made it available to the 

public on January 12, 2007 (72 FR 

1512). On February 13, 2007, NMFS 

issued the ROD for the Final EIS. A SIR 

is being prepared for the final 2024 and 

2025 harvest specifications to provide a 

subsequent assessment of the action and 

to address the need to prepare a 

Supplemental EIS (40 CFR 1501.11(b); 

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

ROD, and annual SIRs for this action are 

available from NMFS (see ADDRESSES). 

The Final EIS analyzes the 

environmental, social, and economic 

consequences of alternative harvest 

strategies on resources in the action 

area. Based on the analysis in the Final 

EIS, NMFS concluded that the preferred 

Alternative (Alternative 2) provides the 

best balance among relevant 

environmental, social, and economic 

considerations and allows for continued 

management of the groundfish fisheries 

based on the most recent, best scientific 

information. 

Initial Regulatory Flexibility Analysis 

This Initial Regulatory Flexibility 

Analysis (IRFA) was prepared for this 

proposed rule, as required by Section 

603 of the Regulatory Flexibility Act 

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

economic impact that this proposed 

rule, if adopted, would have on small 

entities. The IRFA describes the action; 

the reasons why this proposed rule is 

proposed; the objectives and legal basis 

for this proposed rule; the estimated 

number and description of directly 

regulated small entities to which this 

proposed rule would apply; the 

recordkeeping, reporting, and other 

compliance requirements of this 

proposed rule; and the relevant Federal 

rules that may duplicate, overlap, or 

conflict with this proposed rule. The 

IRFA also describes significant 

alternatives to this proposed rule that 

would accomplish the stated objectives 

of the Magnuson-Stevens Act, and any 

other applicable statutes, and that 

would minimize any significant 

economic impact of this proposed rule 

on small entities. The description of the 

proposed action, its purpose, and the 

legal basis are explained earlier in the 

preamble and are not repeated here. 

For RFA purposes only, NMFS has 

established a small business size 

standard for businesses, including their 

affiliates, whose primary industry is 

commercial fishing (see 50 CFR 200.2). 

A business primarily engaged in 

commercial fishing (NAICS code 11411) 

is classified as a small business if it is 

independently owned and operated, is 

not dominant in its field of operation 

(including its affiliates), and has 

combined annual receipts not in excess 

of $11 million for all its affiliated 

operations worldwide. A shoreside 

processor primarily involved in seafood 

processing (NAICS code 311710) is 

classified as a small business if it is 

independently owned and operated, is 

not dominant in its field of operation 

(including its affiliates), and has 

combined annual employment, counting 

all individuals employed on a full-time, 

part-time, or other basis, not in excess 

of 750 employees for all its affiliated 

operations worldwide. 

Number and Description of Small 

Entities Regulated by This Proposed 

Rule 

The entities directly regulated by the 

groundfish harvest specifications 

include: (a) entities operating vessels 

with groundfish Federal fisheries 

permits (FFPs) catching FMP groundfish 

in Federal waters (including those 

receiving direction allocations of 

groundfish); (b) all entities operating 

vessels, regardless of whether they hold 

groundfish FFPs, catching FMP 

groundfish in the State-waters parallel 

fisheries; and (c) all entities operating 

vessels fishing for halibut inside 3 miles 

of the shore (whether or not they have 

FFPs). 

In 2022 (the most recent year of 

complete data), there were 677 

individual CVs and CPs with gross 

revenues less than or equal to $11 

million. This represents the potential 

suite of directly regulated small entities. 

This includes an estimated 674 small 

CV and 3 small CP entities in the GOA 

groundfish sector. The determination of 

entity size is based on vessel revenues 

and affiliated group revenues. This 

determination also includes an 

assessment of fisheries cooperative 

affiliations, although actual vessel 


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ownership affiliations have not been 

completely established. However, the 

estimate of these 677 CVs and CPs may 

be an overstatement of the number of 

small entities. The CVs had average 

gross revenues that varied by gear type. 

Average gross revenues for hook-andline CVs, pot gear CVs, and trawl gear 

CVs are estimated to be $450,000, 

$860,000, and $1.38 million, 

respectively. Average gross revenues for 

hook-and-line CPs and pot gear CPs are 

estimated to be $7.40 million and $6.87 

million, respectively. Trawl gear CP 

entity revenue data are confidential. 

Description of Significant Alternatives 

That Minimize Adverse Impacts on 

Small Entities 

The action under consideration is the 

proposed 2024 and 2025 harvest 

specifications, apportionments, and 

Pacific halibut prohibited species catch 

limits for the groundfish fishery of the 

GOA. This action is necessary to 

establish harvest limits for groundfish 

during the 2024 and 2025 fishing years 

and is taken in accordance with the 

FMP prepared by the Council pursuant 

to the Magnuson-Stevens Act. The 

establishment of the proposed harvest 

specifications is governed by the 

Council and NMFS’s harvest strategy to 

govern the catch of groundfish in the 

GOA. This strategy was selected from 

among five alternatives, with the 

preferred alternative harvest strategy 

being one in which the TACs fall within 

the range of ABCs recommended by the 

SSC. Under the preferred harvest 

strategy, TACs are set to a level that falls 

within the range of ABCs recommended 

by the SSC; the sum of the TACs must 

achieve the OY specified in the FMP. 

While the specific numbers that the 

harvest strategy produces may vary from 

year to year, the methodology used for 

the preferred harvest strategy remains 

constant. 

The TACs associated with preferred 

harvest strategy are those recommended 

by the Council in October 2023. OFLs 

and ABCs for the species were based on 

recommendations prepared by the 

Council’s Plan Team in September 2023, 

and reviewed by the Council’s SSC in 

October 2023. The Council based its 

TAC recommendations on those of its 

AP, which were consistent with the 

SSC’s OFL and ABC recommendations. 

The TACs in these proposed 2024 and 

2025 harvest specifications are 

unchanged from the 2023 TACs in the 

final 2023 and 2024 harvest 

specifications (88 FR 13238, March 2, 

2023), and the sum of all TACs remains 

within the OY for the GOA. 

The proposed 2024 and 2025 OFLs 

and ABCs are based on the best 

biological information available, 

including projected biomass trends, 

information on assumed distribution of 

stock biomass, and revised technical 

methods to calculate stock biomass. The 

proposed 2024 and 2025 TACs are based 

on the best biological and 

socioeconomic information available. 

The proposed 2024 and 2025 OFLs, 

ABCs, and TACs are consistent with the 

biological condition of groundfish 

stocks as described in the 2022 SAFE 

report, which is the most recent, 

completed SAFE report. 

Under this action, the proposed ABCs 

reflect harvest amounts that are less 

than the specified overfishing levels. 

The proposed TACs are within the range 

of proposed ABCs recommended by the 

SSC and do not exceed the biological 

limits recommended by the SSC (the 

ABCs and OFLs). For most species and 

species groups in the GOA, the Council 

recommended, and NMFS proposes, 

TACs equal to proposed ABCs, which is 

intended to maximize harvest 

opportunities in the GOA. 

For some species and species groups, 

however, the Council recommended, 

and NMFS proposes, TACs that are less 

than the proposed ABCs, including for 

pollock in the W/C/WYK Regulatory 

Area, Pacific cod, shallow-water flatfish 

in the Western Regulatory Area, 

arrowtooth flounder in the Western 

Regulatory Area and SEO District, 

flathead sole in the Western Regulatory 

Area, other rockfish in the SEO District, 

and Atka mackerel. In the GOA, 

increasing TACs for some species may 

not result in increased harvest 

opportunities for those species. This is 

due to a variety of reasons. There may 

be a lack of commercial or market 

interest in some species. Additionally, 

there are fixed, and therefore 

constraining, PSC limits associated with 

the harvest of the GOA groundfish 

species that can lead to an underharvest 

of flatfish TACs. For this reason, the 

shallow-water flatfish, arrowtooth 

flounder, and flathead sole TACs are set 

to allow for increased harvest 

opportunities for these target species 

while conserving the halibut PSC limit 

for use in other fisheries. The other 

rockfish and Atka mackerel TACs are set 

to accommodate ICAs in other fisheries. 

Finally, the TACs for two species 

(pollock and Pacific cod) cannot be set 

equal to ABC, as the TAC must be set 

to account for the State’s GHLs in these 

fisheries. The W/C/WYK Regulatory 

Area pollock TAC and the GOA Pacific 

cod TACs are therefore set to account 

for the State’s GHLs for the State waters 

pollock and Pacific cod fisheries so that 

the ABCs are not exceeded. For all other 

species in the GOA, the Council 

recommended, and NMFS proposes, 

that proposed TACs equal proposed 

ABCs, unless other conservation or 

management reasons (described above) 

support proposed TAC amounts less 

than the proposed ABCs. 

Based upon the best scientific data 

available, and in consideration of the 

objectives of this action, it appears that 

there are no significant alternatives to 

the proposed rule that have the 

potential to accomplish the stated 

objectives of the Magnuson-Stevens Act 

and any other applicable statutes and 

that have the potential to minimize any 

significant adverse economic impact of 

the proposed rule on small entities. This 

action is economically beneficial to 

entities operating in the GOA, including 

small entities. The action proposes 

TACs for commercially valuable species 

in the GOA and allows for the 

continued prosecution of the fishery, 

thereby creating the opportunity for 

fishery revenue. After public process, 

during which the Council solicited 

input from stakeholders, the Council 

recommended the proposed harvest 

specifications, which NMFS determines 

would best accomplish the stated 

objectives articulated in the preamble 

for this proposed rule, and in applicable 

statutes, and would minimize to the 

extent practicable adverse economic 

impacts on the universe of directly 

regulated small entities. 

This action does not modify 

recordkeeping or reporting 

requirements, or duplicate, overlap, or 

conflict with any Federal rules. 

This proposed rule contains no 

information collection requirements 

under the Paperwork Reduction Act of 

1995. 

Adverse impacts on marine mammals 

or endangered or threatened species 

resulting from fishing activities 

conducted under these harvest 

specifications are discussed in the Final 

EIS and its accompanying annual SIRs 

(see ADDRESSES). 

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

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

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

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

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

479. 

Dated: December 1, 2023. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2023–26807 Filed 12–4–23; 4:15 pm] 

BILLING CODE 3510–22–P 


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