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 Department of Commerce National Oceanic and Atmospheric Administration 50 CFR Part 679
[Docket No. 230306-0065]
RTID 0648-XD597
 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
 ACTION: Temporary rule; inseason adjustment; request for comments.
 SUMMARY: NMFS is adjusting the 2024 total allowable catch (TAC) amounts for the Bering Sea and Aleutian Islands (BSAI) pollock, Atka mackerel, and Pacific cod fisheries. This action is necessary because NMFS has determined these TACs are incorrectly specified, and will ensure the BSAI pollock, Atka mackerel, and Pacific cod TACs are the appropriate amounts based on the best scientific information available. This action is consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area.
 DATES: Effective 0001 hours, Alaska local time (A.l.t.), January 1, 2024, until the effective date of the final 2024 and 2025 harvest specifications for BSAI groundfish, unless otherwise modified or superseded through publication of a notification in the 
                        **Federal Register**
                        . Comments must be received at the following address no later than 4:30 p.m., A.l.t., January 10, 2024.
 ADDRESSES: You may submit comments on this document, identified by docket number NOAA-NMFS-2022-0094, 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-2022-0094 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).
 FOR FURTHER INFORMATION CONTACT: Adam Zaleski, 907-586-7228.


SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council (Council) under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR parts 600 and 679. The final 2023 and 2024 harvest specifications for groundfish in the BSAI (88 FR 14926, March 10, 2023) set the 2024 Aleutian Islands (AI) pollock TAC at 19,000 metric tons (mt), the 2024 Bering Sea (BS) pollock TAC at 1,302,000 mt, the 2024 BSAI Atka mackerel TAC at 66,855 mt, the 2024 BS Pacific cod TAC at 123,295 mt, and the 2024 AI Pacific cod TAC at 8,425 mt. In December 2023, the Council recommended a 2024 BS pollock TAC of 1,300,000 mt, which is less than the 1,302,000 mt TAC established by the final 2023 and 2024 harvest specifications for groundfish in the BSAI. The Council also recommended a 2024 BSAI Atka mackerel TAC of 72,987 mt, which is more than the 66,855 mt TAC established by the final 2023 and 2024 harvest specifications for groundfish in the BSAI. Furthermore, the Council recommended a 2024 BS Pacific cod TAC of 147,753 mt, and an AI Pacific cod TAC of 8,080 mt, which is more than the BS Pacific cod TAC of 123,295 mt, and less than the AI Pacific cod TAC of 8,425 mt established by the final 2023 and 2024 harvest specifications for groundfish in the BSAI. The Council's recommended 2024 TACs, and the area and seasonal apportionments, are based on the Stock Assessment and Fishery Evaluation report (SAFE), dated November 2023, which NMFS has determined is the best scientific information available for these fisheries. Steller sea lions occur in the same location as the pollock, Atka mackerel, and Pacific cod fisheries and are listed as endangered under the Endangered Species Act (ESA). Pollock, Atka mackerel, and Pacific cod are a principal prey species for Steller sea lions in the BSAI. The seasonal apportionment of pollock, Atka mackerel, and Pacific cod harvest is necessary to ensure the groundfish fisheries are not likely to cause jeopardy of extinction or adverse modification of critical habitat for Steller sea lions. NMFS published regulations and the revised harvest limit amounts for pollock, Atka mackerel, and Pacific cod fisheries to implement Steller sea lion protection measures to insure that groundfish fisheries of the BSAI are not likely to jeopardize the continued existence of the western distinct population segment of Steller sea lions or destroy or adversely modify their designated critical habitat (79 FR 70286, November 25, 2014).
                    ( print page 88837) In accordance with § 679.25(a)(1)(iii), (a)(2)(i)(B), and (a)(2)(iv), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that, based on the November 2023 SAFE report for this fishery, the current BSAI pollock, Atka mackerel, and Pacific cod TACs are incorrectly specified. Pursuant to § 679.25(a)(1)(iii), the Regional Administrator is adjusting the 2024 BS pollock TAC to 1,300,000 mt, the 2024 BSAI Atka mackerel TAC to 72,987 mt, the 2024 BS Pacific cod TAC to 147,753 mt, and the 2024 AI Pacific cod TAC to 8,080 mt. Therefore, table 2 of the final 2023 and 2024 harvest specifications for groundfish in the BSAI (88 FR 14926, March 10, 2023) is revised consistent with this adjustment. Pursuant to § 679.20(a)(5)(i) and (iii), table 5 of the final 2023 and 2024 harvest specifications for groundfish in the BSAI (88 FR 14926, March 10, 2023) is revised for the 2024 BS and AI allocations of pollock TAC to the directed pollock fisheries and to the Community Development Quota (CDQ) directed fishing allowances consistent with this adjustment. Table 5—Final 2024 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ Directed Fishing Allowances (DFA) 1
[Amounts are in metric tons]
Area and sector
2024
                             Allocations
2024 A season 1A season
                             DFA
SCA harvest limit 2
B season
                             DFABering Sea subarea TAC 1
1,300,000
n/a
n/a
n/aCDQ DFA
130,000
58,500
36,400
71,500ICA 1
50,000
n/a
n/a
n/aTotal Bering Sea non-CDQ DFA
1,120,000
504,000
313,600
616,000AFA Inshore
560,000
252,000
156,800
308,000AFA Catcher/Processors 3
448,000
201,600
125,440
246,400Catch by CPs
409,920
184,464
n/a
225,456Catch by CVs 3
38,080
17,136
n/a
20,944Unlisted CP Limit 4
2,240
1,008
n/a
1,232AFA Motherships
112,000
50,400
31,360
61,600Excessive Harvesting Limit 5
196,000
n/a
n/a
n/aExcessive Processing Limit 6
336,000
n/a
n/a
n/aAleutian Islands subarea ABC
43,092
n/a
n/a
n/aAleutian Islands subarea TAC 1
19,000
n/a
n/a
n/aCDQ DFA
1,900
1,841
n/a
59ICA
2,500
1,250
n/a
1,250Aleut Corporation
14,600
14,146
n/a
454Area harvest limit 7
n/a
n/a
n/a
n/a541
12,928
n/a
n/a
n/a542
6,464
n/a
n/a
n/a543
2,155
n/a
n/a
n/aBogoslof District ICA 8
300
n/a
n/a
n/a1
                         Pursuant to § 679.20(a)(5)(i)(A), the Bering Sea subarea pollock TAC, after subtracting the CDQ DFA (10 percent) and the Initial Catch Allowance (ICA) (50,000 mt, 4.27 percent), is allocated as a DFA as follows: inshore sector—50 percent, catcher/processor sector (CP)—40 percent, and mothership sector—10 percent. In the Bering Sea subarea, 45 percent of the DFAs are allocated to the A season (January 20-June 10) and 55 percent of the DFAs are allocated to the B season (June 10-November 1). When the AI Pollock Acceptable Biological Catch (ABC) equals or exceeds 19,000 mt, the annual TAC is equal to 19,000 mt (§ 679.20(a)(5)(iii)(B)(1)). Pursuant to § 679.20(a)(5)(iii)(B)(2), the Aleutian Islands subarea pollock TAC, after subtracting first for the CDQ DFA (10 percent) and second for the ICA (2,500 mt), is allocated to the Aleut Corporation for a pollock directed fishery. In the Aleutian Islands subarea, the A season is allocated no more than 40 percent of the Aleutian Islands pollock ABC.2
                         In the Bering Sea subarea, pursuant to § 679.20(a)(5)(i)(C), no more than 28 percent of each sector's annual DFA may be taken from the Steller Sea Lion Conservation Area (SCA) before noon, April 1.3
                         Pursuant to § 679.20(a)(5)(i)(A)(
                        *4*), 8.5 percent of the allocation to listed CPs shall be available for harvest only by eligible catcher vessels with a CP endorsement delivering to listed CPs, unless there is a CP sector cooperative for the year.4
                         Pursuant to § 679.20(a)(5)(i)(A)(
                        *4*)(
                        *iii*), the American Fisheries Act (AFA) unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/processor sector's allocation of pollock.5
                         Pursuant to § 679.20(a)(5)(i)(A)(
                        *6*), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ pollock DFAs.6
                         Pursuant to § 679.20(a)(5)(i)(A)(
                        *7*), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ pollock DFAs.7
                         Pursuant to § 679.20(a)(5)(iii)(B)(
                        *6*), NMFS establishes harvest limits for pollock in the A season in Area 541 of no more than 30 percent, in Area 542 of no more than 15 percent, and in Area 543 of no more than 5 percent of the Aleutian Islands pollock ABC.8
                         Pursuant to § 679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The amounts specified are for incidental catch only and are not apportioned by season or sector.**Note:**
                         Seasonal or sector apportionments may not total precisely due to rounding.
 Pursuant to § 679.20(a)(8), table 7 of the final 2023 and 2024 harvest specifications for groundfish in the BSAI (88 FR 14926, March 10, 2023) is revised for the 2024 seasonal and spatial allowances, gear shares, CDQ reserve, incidental catch allowance, jig, BSAI trawl limited access, and Amendment 80 allocations of the BSAI Atka mackerel TAC consistent with this adjustment.
                    ( print page 88838) Table 7—Final 2024 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch Allowance, and Amendment 80 Allocations of the BSAI Atka Mackerel TAC
[Amounts are in metric tons]
Sector 1
Season 2
                             3
                             4
2024 allocation by areaEastern 
                             Aleutian  
                             District/ 
                             Bering Sea
Central
                             
                                Aleutian District 5
Western
                             Aleutian DistrictTAC
n/a
32,260
16,754
23,973CDQ reserve
Total
3,452
1,793
2,565A
1,726
896
1,283Critical Habitat
n/a
538
770B
1,726
896
1,283Critical Habitat
n/a
538
770Non-CDQ TAC
n/a
28,808
14,961
21,408ICA
Total
800
75
20Jig 6
Total
140BSAI trawl limited access
Total
2,787
1,489A
1,393
744Critical Habitat
n/a
447B
1,393
744Critical Habitat
n/a
447Amendment 80 sector
Total
25,081
13,398
21,388A
12,541
6,699
10,694Critical Habitat
n/a
4,019
6,416B
12,541
6,699
10,694Critical Habitat
n/a
4,019
6,4161
                         Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and jig gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the Initial Total Allowable Catch (ITAC) for Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in table 33 to 50 CFR part 679 and § 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see § 679.20(b)(1)(ii)(C)).2
                         Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery.3
                         The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.4
                         Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from January 20 to June 10 and the B season from June 10 to December 31.5
                         Section 679.20(a)(8)(ii)(C)(
                        *1*)(
                        *i*) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to be caught inside of Steller sea lion protection areas; section 679.20(a)(8)(ii)(C)(
                        *1*)(
                        *ii*) equally divides the annual TACs between the A and B seasons as defined at § 679.23(e)(3); and section 679.20(a)(8)(ii)(C)(
                        *2*) requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.6
                         Sections 679.2 and 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian Islands District and the Bering Sea subarea TAC be allocated to jig gear after subtracting the CDQ reserve and the ICA. NMFS sets the amount of this allocation for 2024 at 0.5 percent. The jig gear allocation is not apportioned by season.Note: Seasonal or sector apportionments may not total precisely due to rounding.
 Pursuant to § 679.20(a)(7), table 9 of the final 2023 and 2024 harvest specifications for groundfish in the BSAI (87 FR 76435, March 10, 2023) is revised for the 2024 gear shares and seasonal allowances of the BSAI Pacific cod TAC consistent with this adjustment. Table 9—Final 2024 Sector Allocations and Seasonal Allowances of the BSAI Pacific Cod TAC
[Amounts are in metric tons]
Sector
Percent
2024
2024
2024Season
AmountTotal Bering Sea TAC
n/a
147,753
n/a
n/a
n/aBering Sea CDQ
n/a
15,810
n/a
See § 679.20(a)(7)(i)(B)
n/aBering Sea non-CDQ TAC
n/a
131,943
n/a
n/a
n/aTotal Aleutian Islands TAC
n/a
8,080
n/a
n/a
n/aAleutian Islands CDQ
n/a
865
n/a
See § 679.20(a)(7)(i)(B)
n/aAleutian Islands non-CDQ TAC
n/a
7,215
n/a
n/a
n/aWestern Aleutians Islands Limit
n/a
2,233
n/a
n/a
n/aTotal BSAI non-CDQ TAC1
100.0
139,159
n/a
n/a
n/aTotal hook-and-line/pot gear
60.8
84,609
n/a
n/a
n/aHook-and-line/pot ICA2
n/a
n/a
500
n/a
n/aHook-and-line/pot sub-total
n/a
84,109
n/a
n/a
n/aHook-and-line catcher/processors
48.7
n/a
67,370
n/a
n/aA-season



Jan 1-Jun 10
34,359B-season



Jun 10-Dec 31
33,011Hook-and-line catcher vessels ≥ 60 ft Length Overall (LOA)
0.2
n/a
277
n/a
n/aA-season



Jan 1-Jun 10
141B-season



Jun 10-Dec 31
136Pot catcher/processors
1.5
n/a
2,075
n/a
n/a( print page 88839)A-season



Jan 1-Jun 10
1,058B-season



Sept 1-Dec 31
1,017Pot catcher vessels ≥ 60 ft LOA
8.4
n/a
11,620
n/a
n/aA-season



Jan 1-Jun 10
5,926B-season



Sept-1-Dec 31
5,694Catcher vessels < 60 ft LOA using hook-and-line or pot gear
2.0
n/a
2,767
n/a
n/aTrawl catcher vessels 3
22.1
30,754
n/a
n/a
n/aA-Season ICA



Jan 20-Apr 1
1,500A-season PCTC



Jan 20-Apr 1
21,258B-season ICA



Apr 1-Jun 10
700B-season PCTC



Apr 1-Jun 10
2,683C-season trawl catcher vessels



Jun 10-Nov 1
4,613AFA trawl catcher/processors
2.3
3,201
n/a
n/a
n/aA-season



Jan 20-Apr 1
2,400B-season



Apr 1-Jun 10
800C-season



Jun 10-Nov 1Amendment 80
13.4
18,647
n/a
n/a
n/aA-season



Jan 20-Apr 1
13,985B-season



Apr 1-Jun 10
4,662C-season



Jun 10-Dec 31Jig
1.4
1,948
n/a
n/a
n/aA-season



Jan 1-Apr 30
1,169B-season



Apr 30-Aug 31
390C-season



Aug 31-Dec 31
3901
                         The sector allocations and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and AI Pacific cod TACs, after subtraction of the reserves for the CDQ Program. If the TAC for Pacific cod in either the BS or AI is or will be reached, then directed fishing will be prohibited for non-CDQ Pacific cod in that subarea, even if a BSAI allowance remains (§ 679.20(d)(1)(iii)).2
                         The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC allocated to the hook-and-line and pot sectors. The Regional Administrator approves an ICA of 500 mt based on anticipated incidental catch by these sectors in other fisheries.3
                         The A and B season trawl CV Pacific cod allocation will be allocated to the Pacific Cod Trawl Cooperative Program after subtraction of the A and B season ICAs (§ 679.131(b)(1)). The Regional Administrator approves the A and B seasons ICAs of 1,500 mt and 700 mt, respectively, to account for projected incidental catch of Pacific cod by trawl catcher vessels engaged in directed fishing for groundfish other than Pacific Cod Trawl Cooperative (PCTC) Program Pacific cod.Note: Seasonal or sector apportionments may not total precisely due to rounding.
 Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR part 679, which was issued pursuant to section 304(b), and is exempt from review under Executive Order 12866. Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and an opportunity for public comment on this action, as notice and comment would be impracticable and contrary to the public interest, as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would allow for harvests that exceed the appropriate allocations for pollock, Atka mackerel, and Pacific cod in the BSAI based on the best scientific information available. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of December 14, 2023. Without this inseason adjustment, NMFS could not allow the fishery for pollock, Atka mackerel, and Pacific cod in the BSAI to be harvested in an expedient manner and in accordance with the regulatory schedule. Under § 679.25(c)(2), interested persons are invited to submit written comments on this action to the above address until January 10, 2024. Authority:
                    16 U.S.C. 1801 
                        *et seq.* Dated: December 19, 2023. Everett Wayne Baxter, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.


[FR Doc. 2023-28323 Filed 12-22-23; 8:45 am] BILLING CODE 3510-22-P