`[Federal Register Volume 89, Number 233 (Wednesday, December 4, 2024)]
[Proposed Rules]
[Pages 96186-96204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28414]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 241127-0305; RTID 0648-XE346]


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands; Proposed 2025 and 2026 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.

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SUMMARY: NMFS proposes 2025 and 2026 harvest specifications, 
apportionments, and prohibited species catch allowances for the 
groundfish fisheries of the Bering Sea and Aleutian Islands (BSAI) 
management area. This action is necessary to establish harvest limits 
for groundfish during the 2025 and 2026 fishing years and to accomplish 
the goals and objectives of the Fishery Management Plan for Groundfish 
of the Bering Sea and Aleutian Islands Management Area (FMP). The 2025 
harvest specifications supersede those previously set in the final 2024 
and 2025 harvest specifications, and the 2026 harvest specifications 
will be superseded in early 2026 when the final 2026 and 2027 harvest 
specifications are published. The intended effect of this action is to 
conserve and manage the groundfish resources in the BSAI in accordance 
with the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act).

DATES: Comments must be received by January 3, 2025.

ADDRESSES: A plain language summary of this proposed rule is available 
at https://www.regulations.gov/docket/NOAA-NMFS-2024-0116. You may 
submit comments on this document, identified by NOAA-NMFS-2024-0116, by 
any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the

[[Page 96187]]

Federal e-Rulemaking Portal. Visit https://www.regulations.gov and type 
NOAA-NMFS-2024-0116 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, Attn: Records Office. Mail comments to P.O. Box 
21668, Juneau, AK 99802-1668.
     Fax: (907) 586-7465; Attn: Gretchen Harrington.
    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 2025 SIR for the final 
2025 and 2026 harvest specifications will be available from the same 
source.
    The final 2023 Stock Assessment and Fishery Evaluation (SAFE) 
report for the groundfish resources of the BSAI, dated November 2023, 
is available from the North Pacific Fishery Management Council 
(Council) at 1007 West 3rd Ave., Suite 400, Anchorage, Alaska 99501, 
phone 907-271-2809, or from the NMFS Alaska Region website at https://www.fisheries.noaa.gov/alaska/population-assessments/north-pacific-groundfish-stock-assessments-and-fishery-evaluation. The 2024 SAFE 
report for the BSAI will be available from the same sources.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.

SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR part 679 
implement the FMP and govern the groundfish fisheries in the BSAI. The 
Council prepared the FMP, and NMFS approved it, under the Magnuson-
Stevens Act. General regulations governing U.S. fisheries also appear 
at 50 CFR part 600.
    The FMP and its implementing regulations require that NMFS, after 
consultation with the Council, specify annually the total allowable 
catch (TAC) for target species. The sum of TACs for all groundfish 
target species in the BSAI must be within the optimum yield (OY) range 
of 1.4 million to 2.0 million metric tons (mt) (see Sec.  
679.20(a)(1)(i)(A) and 679.20(a)(2)). Section 679.20(c)(1) further 
requires that NMFS publish proposed harvest specifications in the 
Federal Register and solicit public comments on proposed annual TACs 
for each target species and apportionments thereof; prohibited species 
catch (PSC) allowances; prohibited species quota (PSQ) reserves 
established by Sec.  679.21; seasonal allowances of pollock, Pacific 
cod, and Atka mackerel TAC; American Fisheries Act allocations; 
Amendment 80 allocations; Community Development Quota (CDQ) reserve 
amounts established by Sec.  679.20(b)(1)(ii); and acceptable 
biological catch (ABC) surpluses and reserves for CDQ groups and 
Amendment 80 cooperatives for flathead sole, rock sole, and yellowfin 
sole. The proposed harvest specifications set forth in tables 1 through 
15 of this proposed rule satisfy these requirements.
    In accordance with Sec.  679.20(c)(3), NMFS will publish the final 
2025 and 2026 harvest specifications after (1) considering comments 
received within the comment period (see DATES), (2) consulting with the 
Council at its December 2024 meeting, (3) considering information 
presented in the 2025 SIR to the Final EIS that assesses the need to 
prepare a Supplemental EIS (see ADDRESSES), and (4) considering 
information presented in the final 2024 SAFE report, including the 2024 
Ecosystem Status Reports for both the Bering Sea and Aleutian Islands.

Other Actions Affecting or Potentially Affecting the 2025 and 2026 
Harvest Specifications

Amendment 125 to the FMP: Pacific Cod Small Boat Access

    NMFS is developing a proposed rule to implement Amendment 125 to 
the FMP, which, if approved, would redefine the BSAI Pacific cod jig 
sector during the A-season (January 1-April 30) to include hook-and-
line or pot catcher vessels (CV) less than or equal to 55 feet (ft) 
(16.8 meters (m)) length overall (LOA). All harvest from the redefined 
A-season jig sector would be deducted from the jig sector's 1.4 percent 
allocation currently set in regulation (Sec.  679.20(a)(7)(ii)). In 
addition, the current hook-and-line or pot CV less than 60 feet (ft) 
(18.3 m) LOA sector would be redefined from January 1 to April 30 so 
that harvest only from hook-and-line or pot CVs with a LOA of 55 ft 
(16.8 m) and less than 60 ft LOA (55-59 ft) (16.8-18.0 m) would be 
deducted from the hook-and-line or pot CV less than 60 feet (ft) (18.3 
m) LOA sector's 2.0 percent allocation currently set in regulation 
(Sec.  679.20(a)(7)(ii)). If amendment 125 and its implementing 
regulations are approved by the Secretary of Commerce, NMFS would 
incorporate the changes in a future harvest specifications action, and 
any such changes are anticipated for the 2026 and 2027 harvest 
specifications.

State of Alaska Guideline Harvest Levels

    For 2025 and 2026, the State of Alaska Board of Fisheries (BOF) 
established the guideline harvest level (GHL) for vessels using pot, 
longline, jig, and hand troll gear in State waters in the State's 
Aleutian Islands subarea (AI) State-waters sablefish registration area 
that includes all State waters west of Scotch Cap Light (164[deg]44.72' 
W longitude) and south of Cape Sarichef (54[deg]36' N latitude). The AI 
GHL is set at 5 percent of the combined proposed Bering Sea (BS) 
subarea and AI ABC (1,233 mt). The State's AI sablefish registration 
area includes areas adjacent to parts of the Federal BS subarea. Since 
most of the State's 2025 and 2026 GHL sablefish fishery is expected to 
occur in State waters adjacent to the Federal BS subarea, the Council 
and its BSAI Groundfish Plan Team (Plan Team), Scientific and 
Statistical Committee (SSC), and Advisory Panel (AP) recommended that 
the sum of all State and Federal sablefish removals from the BS and AI 
not exceed the proposed ABC recommendations for sablefish in the BS and 
AI. Accordingly, the Council recommended, and NMFS proposes, that the 
2025 and 2026 sablefish TACs in the BS and AI be reduced by at least 5 
percent to account for the State's GHLs for sablefish caught in State 
waters.
    For 2025 and 2026, the BOF established the GHL for vessels using 
pot gear in State waters in the BS equal to 13 percent of the Pacific 
cod ABC in the BS. The BS GHL will increase by one percent if 90 
percent of the GHL is harvested by November 15 of the preceding year 
for 2 consecutive years but may not exceed 15 percent of the BS ABC. If 
90 percent of the GHL is not harvested by November 15 of the preceding 
year for 2 consecutive years, the GHL will decrease by 1 percent, but

[[Page 96188]]

the GHL may not decrease below 10 percent of the BS ABC. Based on 
harvest in 2023 and 2024, the GHL will be 13 percent in 2025. 13 
percent of the proposed BS ABC is 19,614 mt. NMFS will account for any 
adjustment to the 2026 GHL in the final 2026 and 2027 harvest 
specifications. Also, for 2025 and 2026, the BOF established an 
additional GHL for vessels using jig gear in State waters in the BS 
equal to 45 mt of Pacific cod in the BS. The Council and its Plan Team, 
SSC, and AP recommended that the sum of all State and Federal waters 
Pacific cod removals from the BS not exceed the ABC recommendations for 
Pacific cod in the BS. Accordingly, the Council recommended, and NMFS 
proposes, that the 2025 and 2026 Pacific cod TACs in the BS account for 
the State's GHLs for Pacific cod caught in State waters in the BS.
    For 2025 and 2026, the BOF established the GHL in State waters in 
the AI equal to 35 percent of the Pacific cod ABC in the AI. The AI GHL 
will increase annually by 4 percent of the AI ABC if 90 percent of the 
GHL is harvested by November 15 of the preceding year but may not 
exceed 39 percent of the AI ABC or 15 million pounds (6,804 mt). If 90 
percent of the GHL is not harvested by November 15 of the preceding 
year for 2 consecutive years, the GHL will decrease by 4 percent, but 
the GHL may not decrease below 15 percent of the AI ABC. Based on 
harvest in 2023 and 2024, the GHL likely will remain at 35 percent in 
2025. Thirty-five percent of the proposed AI ABC is 4,350 mt. NMFS will 
account for any adjustment to the 2025 GHL in the final 2025 and 2026 
harvest specifications. The GHL for 2026 may change based on harvest 
during the preceding fishing years, and NMFS will account for any 
adjustment to the 2026 GHL in the final 2026 and 2027 harvest 
specifications. The Council and its Plan Team, SSC, and AP recommended 
that the sum of all State and Federal waters Pacific cod removals from 
the AI not exceed the ABC recommendations for Pacific cod in the AI. 
Accordingly, the Council recommended, and NMFS proposes, that the 2025 
and 2026 Pacific cod TACs in the AI account for the State's GHL for 
Pacific cod caught in State waters in the AI.

Proposed ABC and TAC Harvest Specifications

    In October 2024, the Council's SSC, its AP, and the Council 
reviewed the most recent biological and harvest information on the 
condition of the BSAI groundfish stocks. The Plan Team compiled and 
presented this information in the final 2023 SAFE report for the BSAI 
groundfish fisheries, dated November 2023 (see ADDRESSES). The final 
2024 SAFE report, including individual stock assessments, will be 
available on the NMFS Alaska Region website (see ADDRESSES).
    The proposed 2025 and 2026 harvest specifications are based on the 
final 2025 harvest specifications published in March 2024 (89 FR 17287, 
March 11, 2024), which were set after consideration of the most recent 
2023 SAFE report that was presented at the November 2023 Plan Team 
meeting.
    The SAFE report contains a review of the latest scientific analyses 
and estimates of each species' biomass and past, present, and possible 
future condition of the stocks and groundfish fisheries off Alaska. The 
SAFE report also contains an economic summary informed by the Economic 
SAFE and ecosystem information summarized from the Ecosystem Status 
Reports (ESR). The SAFE report provides information to the Council and 
NMFS for recommending and setting, respectively, annual harvest levels 
for each stock and documenting significant trends or changes in the 
resource, marine ecosystems, and fisheries over time.
    The ESRs are combined into an appendix to the SAFE reports. The 
ESRs compile and summarize information about the status of the Alaska 
marine ecosystems for the Plan Team, 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 
ESRs inform stock assessments and are integrated into the annual 
harvest recommendations, primarily through inclusion in stock 
assessment-specific risk tables that inform the specification of ABC 
for target species. Also, the ESRs provide context for the SSC's 
recommendations for overfishing levels (OFL) and ABCs, 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 they 
aid NMFS in implementing these annual groundfish harvest 
specifications. An ESR is prepared for both the Eastern BS ecosystem 
and the AI ecosystem (as well as for the Gulf of Alaska ecosystem).
    In addition to the 2023 SAFE report, the Plan Team, SSC, and 
Council also reviewed preliminary survey data from 2024 surveys, 
updates on ecosystem and socioeconomic profiles (ESPs) for certain 
species, initial updates on climate and oceanography for Alaska 
ecosystems, and summaries of potential changes to models and 
methodologies. From these data and analyses, the Plan Team and SSC 
recommend the proposed OFL and ABC for each species and species group. 
The proposed 2025 and 2026 harvest specifications in this action are 
subject to change in the final harvest specifications to be published 
by NMFS following the Council's December 2024 meeting.
    In November 2024, the Plan Team will update the 2023 SAFE report to 
include new information collected during 2024, such as NMFS stock 
surveys, revised stock assessments, and catch data. The Plan Team will 
compile this information and present the draft 2024 SAFE report at the 
December 2024 Council meeting. At that meeting, the SSC and the Council 
will review the 2024 SAFE report, and the Council will approve the 2024 
SAFE report for use in informing the Council's final recommendations to 
NMFS. The Council will consider information in the 2024 SAFE report, 
recommendations from the November 2024 Plan Team meeting and December 
2024 SSC and AP meetings, public testimony, and relevant written 
comments in making its recommendations to NMFS for the final 2025 and 
2026 harvest specifications. Pursuant to Sec.  679.20(a)(2) and (3), 
the Council could recommend that NMFS adjust 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 or the models' results used for producing stock assessments. Any 
changes to models used in stock assessments will be recommended by the 
Plan Team in November 2024, reviewed by the SSC in December 2024, and 
then included in the final 2024 SAFE report. Model changes can result 
in changes to final OFLs, ABCs, and TACs. The final 2024 SAFE report 
will include the most recent information, such as catch data.

[[Page 96189]]

    The final harvest specification amounts for these stocks are not 
expected to vary greatly from these proposed harvest specification 
amounts. If the 2024 SAFE report indicates that the stock biomass trend 
is increasing for a species, then the final 2025 and 2026 harvest 
specifications may reflect an increase from the proposed harvest 
specifications. Conversely, if the 2024 SAFE report indicates that the 
stock biomass trend is decreasing for a species, then the final 2025 
and 2026 harvest specifications may reflect a decrease from the 
proposed harvest specifications. In addition to changes driven by 
biomass trends, there may be changes in TACs due to the constraint of 
the OY for the BSAI. Under regulations and the FMP, TAC may not exceed 
ABC, but can be set equal to ABC. The regulations require the sum of 
all TACs for target species in the BSAI to be set to an OY between 1.4 
and 2 million mt. Thus, the Council may be required to recommend TACs 
that are lower than the ABCs recommended by the Plan Team and the SSC, 
if setting all TACs equal to ABCs would cause the sum of TACs to exceed 
an OY of 2 million mt. Generally, total ABCs greatly exceed 2 million 
mt in years with a large pollock biomass. For both 2025 and 2026, NMFS 
anticipates that the sum of the final ABCs will exceed 2 million mt, 
and therefore TACs for some species likely will have to be set lower 
than ABCs to ensure the sum of TACs is between 1.4 and 2 million mt. 
Historically, the sum of the final TACs has been close to or equal to 2 
million mt.
    The proposed 2025 and 2026 OFLs and ABCs are based on the best 
available biological and scientific information, including projected 
biomass trends, information on assumed distribution of stock biomass, 
and revised technical methods used to calculate stock biomass. The FMP 
specifies a series of six tiers to define OFLs and ABCs based on the 
level of reliable information available to fishery scientists. Tier 1 
represents the highest level of information quality available, while 
Tier 6 represents the lowest. The proposed 2025 and 2026 TACs are also 
based on the best available biological and socioeconomic information.
    In October 2024, the SSC adopted the proposed 2025 and 2026 OFLs 
and ABCs recommended by the Plan Team for all groundfish. In making its 
recommendations, the Council adopted the SSC's OFL and ABC 
recommendations. The OFL and ABC amounts are unchanged from the final 
2025 harvest specifications published in the Federal Register on March 
11, 2024 (89 FR 17287). The sum of the proposed 2025 and 2026 ABCs for 
all assessed groundfish is 3,550,691 mt. The sum of the proposed TACs 
is 1,998,491 mt. NMFS has reviewed the recommendations of the SSC and 
Council for OFLs, ABCs, and TACs for target species and species groups 
in the BSAI as well as any other relevant information. Based on that 
review, NMFS is proposing the OFLs, ABCs, and TACs set forth in the 
tables of this proposed rule. NMFS concludes that these specifications 
are consistent with the Magnuson-Stevens Act, the FMP, and other 
applicable law, subject to further review and consideration after 
public comment.

Specification and Apportionment of TAC Amounts

    The Council recommended proposed 2025 and 2026 TACs that are equal 
to the proposed ABCs for 2025 and 2026 BS and AI Greenland turbot, BSAI 
Kamchatka flounder, Central AI Atka mackerel, BS Pacific ocean perch, 
Central AI Pacific ocean perch, Eastern AI Pacific ocean perch, BS and 
Eastern AI blackspotted and rougheye rockfish, Central AI and Western 
AI blackspotted and rougheye rockfish, BSAI shortraker rockfish, and BS 
and AI ``other rockfish.'' The Council recommended proposed TACs less 
than the respective proposed ABCs for all other species and species 
groups. TACs for some species and species groups are reduced so that 
the overall TAC does not exceed the BSAI OY.
    The proposed groundfish OFLs, ABCs, and TACs are subject to change 
pending the completion of the final 2024 SAFE report, public comment, 
and the Council's recommendations for the final 2025 and 2026 harvest 
specifications during its December 2024 meeting. These proposed amounts 
are consistent with the biological condition of groundfish stocks as 
described in the 2023 SAFE report. The proposed ABCs reflect harvest 
amounts that are less than the specified overfishing levels. The 
proposed TACs have been adjusted for other biological information and 
socioeconomic considerations, including maintaining the overall TAC 
within the required OY range. Pursuant to section 3.2.3.4.1 of the FMP, 
the Council could recommend that NMFS adjust the final TACs, if 
warranted on the basis of bycatch considerations, management 
uncertainty, or socioeconomic considerations; or if required in order 
to cause the sum of the TACs to fall within the OY range. Table 1 lists 
the proposed 2025 and 2026 OFL, ABC, TAC, initial TAC (ITAC), CDQ 
amounts, and nonspecified reserves for groundfish for the BSAI. The 
proposed apportionment of TAC amounts among fisheries and seasons is 
discussed below.

Table 1--Proposed 2025 and 2026 Overfishing Level (OFL), Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), CDQ Reserve
                                           Allocation, and Nonspecified Reserves of Groundfish in the BSAI \1\
                                                              [Amounts are in metric tons]
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                                                                                                      Proposed 2025 and 2026
                                                                        --------------------------------------------------------------------------------
                Species                               Area                                                                                 Nonspecified
                                                                             OFL          ABC          TAC        ITAC \2\     CDQ 3 4       reserves
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Pollock \4\............................  BS............................    3,449,000    2,401,000    1,325,000    1,192,500      132,500  ..............
                                         AI............................       53,030       43,863       19,000       17,100        1,900  ..............
                                         Bogoslof......................      115,146       86,360          250          250  ...........  ..............
Pacific cod \5\........................  BS............................      180,798      150,876      131,217      117,177       14,040  ..............
                                         AI............................       18,416       12,431        8,080        7,216          865  ..............
Sablefish \6\..........................  Alaska-wide...................       55,317       47,350          n/a          n/a          n/a  ..............
                                         BS............................          n/a       11,499        9,500        4,038          356             356
                                         AI............................          n/a       13,156        8,440        1,794          158             158
Yellowfin sole.........................  BSAI..........................      317,932      276,917      195,000      174,135       20,865  ..............
Greenland turbot.......................  BSAI..........................        3,185        2,740        2,740        2,329          n/a  ..............
                                         BS............................          n/a        2,310        2,310        1,964          247              99
                                         AI............................          n/a          430          430          366  ...........              65
Arrowtooth flounder....................  BSAI..........................      104,270       88,548       14,000       11,900        1,498             602
Kamchatka flounder.....................  BSAI..........................        8,687        7,360        7,360        6,256  ...........           1,104

[[Page 96190]]

 
Rock sole \7\..........................  BSAI..........................      264,789      122,535       66,000       58,938        7,062  ..............
Flathead sole \8\......................  BSAI..........................       82,699       68,203       35,500       31,702        3,799  ..............
Alaska plaice..........................  BSAI..........................       45,182       37,560       20,000       17,000  ...........           3,000
Other flatfish \9\.....................  BSAI..........................       22,919       17,189        4,500        3,825  ...........             675
Pacific ocean perch....................  BSAI..........................       48,139       40,366       37,181       32,711          n/a  ..............
                                         BS............................          n/a       11,430       11,430        9,716  ...........           1,715
                                         EAI...........................          n/a        7,828        7,828        6,990          838  ..............
                                         CAI...........................          n/a        5,423        5,423        4,843          580  ..............
                                         WAI...........................          n/a       15,685       12,500       11,163        1,338  ..............
Northern rockfish......................  BSAI..........................       22,838       18,685       15,000       12,750  ...........           2,250
Blackspotted/Rougheye rockfish \10\....  BSAI..........................          813          607          607          516  ...........              91
                                         BS/EAI........................          n/a          412          412          350  ...........              62
                                         CAI/WAI.......................          n/a          195          195          166  ...........              29
Shortraker rockfish....................  BSAI..........................          706          530          530          451  ...........              80
Other rockfish \11\....................  BSAI..........................        1,680        1,260        1,260        1,071  ...........             189
                                         BS............................          n/a          880          880          748  ...........             132
                                         AI............................          n/a          380          380          323  ...........              57
Atka mackerel..........................  BSAI..........................       99,723       84,676       66,165       59,085        7,080  ..............
                                         BS/EAI........................          n/a       37,049       30,000       26,790        3,210  ..............
                                         CAI...........................          n/a       14,877       14,877       13,285        1,592  ..............
                                         WAI...........................          n/a       32,750       21,288       19,010        2,278  ..............
Skates.................................  BSAI..........................       44,203       36,625       30,361       25,807  ...........           4,554
Sharks.................................  BSAI..........................          689          450          400          340  ...........              60
Octopuses..............................  BSAI..........................        6,080        4,560          400          340  ...........              60
                                                                        --------------------------------------------------------------------------------
    Total..............................  ..............................    4,946,241    3,550,691    1,998,491    1,779,229      193,125          15,058
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these
  harvest specifications, the BS subarea includes the Bogoslof District.
\2\ Except for pollock, the portion of the sablefish TAC allocated to fixed gear, and the Amendment 80 species (Atka mackerel, flathead sole, rock sole,
  yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 15 percent of the TAC for each species and species group is put into a
  nonspecified reserve. The ITAC for these species is the remainder of the TAC after subtraction of the reserves. For pollock and Amendment 80 species,
  ITAC is the non-CDQ allocation of TAC (see footnote 3 and 4).
\3\ For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 10.7
  percent of the TAC is reserved for use by CDQ participants (see Sec.   679.20(b)(1)(ii)(C)). Twenty percent of the sablefish TAC allocated to fixed
  gear, 7.5 percent of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for Bering Sea Greenland turbot and BSAI arrowtooth
  flounder are reserved for use by CDQ participants (see Sec.   679.20(b)(1)(ii)(B) and (D)). The 2026 fixed gear portion of the sablefish ITAC and CDQ
  reserve will not be specified until the final 2026 and 2027 harvest specifications. Aleutian Islands Greenland turbot, ``other flatfish,'' Alaska
  plaice, Bering Sea Pacific ocean perch, Kamchatka flounder, northern rockfish, shortraker rockfish, blackspotted and rougheye rockfish, ``other
  rockfish,'' skates, sharks, and octopuses are not allocated to the CDQ Program.
\4\ Under Sec.   679.20(a)(5)(i)(A), the annual BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second
  for the incidental catch allowance (46,000 mt), is further allocated by sector for a pollock directed fishery as follows: inshore-50 percent; catcher/
  processor-40 percent; and motherships-10 percent. Section 679.20(a)(5)(iii)(B)(1) requires the AI pollock TAC to be set at 19,000 mt when the AI
  pollock ABC equals or exceeds 19,000 mt. Under Sec.   679.20(a)(5)(iii)(B)(2), the annual AI pollock TAC, after subtracting first for the CDQ directed
  fishing allowance (10 percent) and second for the incidental catch allowance (3,000 mt), is allocated to the Aleut Corporation for a pollock directed
  fishery. The Bogoslof pollock TAC is set to accommodate incidental catch amounts.
\5\ The proposed BS Pacific cod TAC is set to account for the 13 percent of the BS ABC, plus 45 mt, for the State of Alaska's (State) guideline harvest
  levels in State waters of the BS. The proposed AI Pacific cod TAC is set to account for 35 percent of the AI ABC for the State guideline harvest level
  in State waters of the AI.
\6\ The sablefish OFL and ABC are Alaska-wide and include the Gulf of Alaska. The Alaska-wide sablefish OFL and ABC are included in the total OFL and
  ABC. The BS and AI sablefish TACs are set to account for the 5 percent of the BS and AI ABC for the State of Alaska's (State) guideline harvest level
  in State waters of the BS and AI.
\7\ ``Rock sole'' includes Lepidopsetta polyxystra (Northern rock sole).
\8\ ``Flathead sole'' includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
\9\ ``Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole,
  Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
\10\ ``Blackspotted/Rougheye rockfish'' includes Sebastes melanostictus (blackspotted) and Sebastes aleutianus (rougheye).
\11\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, dark rockfish, northern rockfish, shortraker
  rockfish, and blackspotted/rougheye rockfish.
Note: Regulatory areas and districts are defined at Sec.   679.2 (BSAI = Bering Sea and Aleutian Islands management area, BS = Bering Sea subarea, AI =
  Aleutian Islands subarea, EAI = Eastern Aleutian district, CAI = Central Aleutian district, WAI = Western Aleutian district.)

Groundfish Reserves and the Incidental Catch Allowance for Pollock, 
Atka Mackerel, Flathead Sole, Rock Sole, Yellowfin Sole, and AI Pacific 
Ocean Perch

    Section 679.20(b)(1)(i) requires NMFS to reserve 15 percent of the 
TAC for each target species (except for pollock, fixed gear allocation 
of sablefish, and Amendment 80 species) in a nonspecified reserve. 
Section 679.20(b)(1)(ii)(B) requires that NMFS allocate 20 percent of 
the fixed gear allocation of sablefish to the fixed gear sablefish CDQ 
reserve for each subarea. Section 679.20(b)(1)(ii)(D) requires that 
NMFS allocate 7.5 percent of the trawl gear allocation of sablefish for 
each subarea from the nonspecified reserve and 10.7 percent of BS 
Greenland turbot and BSAI arrowtooth flounder TACs to the respective 
CDQ reserves. Section 679.20(b)(1)(ii)(C) requires that NMFS allocate 
10.7 percent of the TACs for Atka mackerel, AI Pacific ocean perch, 
yellowfin sole, rock sole, flathead sole, and Pacific cod (the 
Amendment 80 allocated species) to the respective CDQ reserves.
    Sections 679.20(a)(5)(i)(A) and 679.31(a) require allocation of 10 
percent of the BS pollock TAC to the pollock CDQ directed fishing 
allowance (DFA). Sections 679.20(a)(5)(iii)(B)(2)(i) and 679.31(a) 
require 10 percent of the AI pollock TAC be allocated to the pollock 
CDQ DFA. The entire Bogoslof District pollock TAC is allocated as an 
incidental catch allowance (ICA) pursuant to Sec.  679.20(a)(5)(ii) 
because the Bogoslof District is closed to directed

[[Page 96191]]

fishing for pollock by regulation (Sec.  679.22(a)(7)(B)). With the 
exception of the fixed gear sablefish CDQ reserve, the regulations do 
not further apportion the CDQ reserves by gear.
    Pursuant to Sec.  679.20(a)(5)(i)(A)(1), NMFS proposes a pollock 
ICA of 46,000 mt of the BS pollock TAC after subtracting the 10 percent 
CDQ DFA. This allowance is based on NMFS's examination of the pollock 
incidentally retained and discarded catch, including the incidental 
catch by CDQ vessels, in target fisheries other than pollock in recent 
years. Pursuant to Sec.  679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS 
proposes a pollock ICA of 3,000 mt of the AI pollock TAC after 
subtracting the 10 percent CDQ DFA. This allowance is based on NMFS's 
examination of the pollock incidental catch, including the incidental 
catch by CDQ vessels, in target fisheries other than pollock in recent 
years.
    After subtracting the 10.7 percent CDQ reserve and pursuant to 
Sec.  679.20(a)(8) and (10), NMFS proposes ICAs of 2,000 mt of flathead 
sole, 3,000 mt of rock sole, 2,000 mt of yellowfin sole, 10 mt of 
Western Aleutian district Pacific ocean perch, 60 mt of Central 
Aleutian district Pacific ocean perch, 100 mt of Eastern Aleutian 
district Pacific ocean perch, 20 mt of Western Aleutian district Atka 
mackerel, 100 mt of Central Aleutian district Atka mackerel, and 800 mt 
of Eastern Aleutian district and BS Atka mackerel. These ICAs are based 
on NMFS's examination of the incidental catch in other target fisheries 
in recent years.
    The regulations do not designate the remainder of the nonspecified 
reserve by species or species group. Any amount of the reserve may be 
apportioned to a target species that contributed to the nonspecified 
reserve during the year, provided that such apportionments are 
consistent with Sec.  679.20(a)(3) and do not result in overfishing 
(see Sec.  679.20(b)(1)(i)). In the final 2025 and 2026 harvest 
specifications, NMFS will evaluate whether any apportionments are 
necessary and may apportion from the nonspecified reserve to increase 
the ITAC for any target species that contributed to the reserve.

Allocations of Pollock TAC Under the American Fisheries Act

    Section 679.20(a)(5)(i)(A) requires that BS pollock TAC be 
apportioned as a DFA, after subtracting 10 percent for the CDQ Program 
and 46,000 mt for the ICA, as follows: 50 percent to the inshore 
sector, 40 percent to the catcher/processor (CP) sector, and 10 percent 
to the mothership sector. In the BS, 45 percent of the DFAs are 
allocated to the A season (January 20 to June 10), and 55 percent of 
the DFAs are allocated to the B season (June 10 to November 1) 
(Sec. Sec.  679.20(a)(5)(i)(B)(1) and 679.23(e)(2)). The AI directed 
pollock fishery allocation to the Aleut Corporation is the amount of 
pollock TAC remaining in the AI after subtracting 1,900 mt for the CDQ 
DFA (10 percent), and 3,000 mt for the ICA (Sec.  
679.20(a)(5)(iii)(B)(2)). In the AI, the total A season apportionment 
of the pollock TAC (including the AI directed fishery allocation, the 
CDQ DFA, and the ICA) may not exceed 40 percent of the ABC for AI 
pollock, and the remainder of the pollock TAC is allocated to the B 
season (Sec.  679.20(a)(5)(iii)(B)(3)). Table 2 lists these proposed 
2025 and 2026 amounts. Within any fishing year, any underharvest of a 
seasonal allowance may be added to a subsequent seasonal allowance 
(Sec.  679.20(a)(5)(i)(B)(2) and 679.20(a)(5)(iii)(B)(3)(iii)).
    Section 679.20(a)(5)(iii)(B)(6) sets harvest limits for pollock in 
the A season (January 20 to June 10) in Areas 543, 542, and 541. In 
Area 543, the A season pollock harvest limit is no more than 5 percent 
of the AI pollock ABC. In Area 542, the A season pollock harvest limit 
is no more than 15 percent of the AI pollock ABC. In Area 541, the A 
season pollock harvest limit is no more than 30 percent of the AI 
pollock ABC.
    Section 679.20(a)(5)(i)(A)(4) includes several specific 
requirements regarding BS pollock allocations. First, it requires that 
8.5 percent of the pollock allocated to the CP sector be available for 
harvest by American Fisheries Act (AFA) catcher vessels (CVs) with CP 
sector endorsements, unless the Regional Administrator receives a 
cooperative contract that allows the distribution of harvest among AFA 
CPs and AFA CVs in a manner agreed to by all members of the CP sector 
cooperative(s). Second, AFA CPs not listed in the AFA are limited to 
harvesting no more than 0.5 percent of the pollock allocated to the CP 
sector. Table 2 lists the proposed 2025 and 2026 allocations of pollock 
TAC. Tables 13, 14, and 15 list the AFA CP and CV harvesting sideboard 
limits. The BS inshore pollock cooperative and open access sector 
allocations are based on the submission of AFA inshore cooperative 
applications due to NMFS on December 1 of each calendar year. Because 
AFA inshore cooperative applications for 2025 have not been submitted 
to NMFS, and NMFS therefore cannot calculate 2025 allocations, NMFS has 
not included inshore cooperative tables in these proposed harvest 
specifications. NMFS will include the 2025 AFA inshore pollock 
cooperative and open access sector allocations in the final harvest 
specifications. NMFS also will post the 2025 AFA inshore pollock 
cooperative and open access sector allocations on the Alaska Region 
website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports prior to the start of the fishing 
year, based on the harvest specifications effective on that date.
    Table 2 also lists proposed seasonal apportionments of pollock and 
harvest limits within the Steller Sea Lion Conservation Area (SCA). The 
harvest of pollock within the SCA, as defined at Sec.  
679.22(a)(7)(vii), is limited to no more than 28 percent of the annual 
pollock DFA before 12 p.m. (noon), April 1, as provided in Sec.  
679.20(a)(5)(i)(C). The A season pollock SCA harvest limit will be 
apportioned to each sector in proportion to each sector's allocated 
percentage of the DFA.

  Table 2--Proposed 2025 and 2026 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ
                                      Directed Fishing Allowances (DFA) \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                A season \1\           B season
                                                                       -----------------------------     \1\
                   Area and sector                      2025 and 2026                               ------------
                                                         allocations      A season     SCA harvest     B season
                                                                            DFA         limit \2\        DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC...............................        1,325,000          n/a             n/a          n/a
CDQ DFA..............................................          132,500       59,625          37,100       72,875
ICA \1\..............................................           46,000          n/a             n/a          n/a
Total Bering Sea DFA (non-CDQ).......................        1,146,500      515,925         321,020      630,575

[[Page 96192]]

 
AFA Inshore..........................................          573,250      257,963         160,510      315,288
AFA Catcher/Processors \3\...........................          458,600      206,370         128,408      252,230
    Catch by CPs.....................................          419,619      188,829             n/a      230,790
    Catch by CVs \3\.................................           38,981       17,541             n/a       21,440
        Unlisted CP Limit \4\........................            2,293        1,032             n/a        1,261
AFA Motherships......................................          114,650       51,593          32,102       63,058
Excessive Harvesting Limit \5\.......................          200,638          n/a             n/a          n/a
Excessive Processing Limit \6\.......................          343,950          n/a             n/a          n/a
Aleutian Islands subarea ABC.........................           43,863          n/a             n/a          n/a
Aleutian Islands subarea TAC.........................           19,000          n/a             n/a          n/a
CDQ DFA..............................................            1,900        1,900             n/a  ...........
ICA..................................................            3,000        1,500             n/a        1,500
Aleut Corporation....................................           14,100       14,100             n/a  ...........
Area harvest limit \7\...............................              n/a          n/a             n/a          n/a
    541..............................................           13,159          n/a             n/a          n/a
    542..............................................            6,579          n/a             n/a          n/a
    543..............................................            2,193          n/a             n/a          n/a
Bogoslof District ICA \8\............................              300          n/a             n/a          n/a
----------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec.   679.20(a)(5)(i)(A), the annual Bering Sea subarea pollock TAC, after subtracting the CDQ
  DFA (10 percent) and the ICA (46,000 mt), is allocated as a DFA as follows: inshore sector-50 percent, CPs-40
  percent, and mothership sector-10 percent. In the Bering Sea subarea, 45 percent of the DFA and CDQ DFA are
  allocated to the A season (January 20-June 10) and 55 percent of the DFA and CDQ DFA are allocated to the B
  season (June 10-November 1). Pursuant to Sec.   679.20(a)(5)(iii)(B)(2), the annual Aleutian Islands subarea
  pollock TAC, after subtracting first for the CDQ DFA (10 percent) and second for the ICA (3,000 mt), is
  allocated to the Aleut Corporation for a directed pollock fishery. In the Aleutian Islands subarea, the A
  season is allocated up to 40 percent of the AI pollock ABC.
\2\ In the Bering Sea subarea, pursuant to Sec.   679.20(a)(5)(i)(C), no more than 28 percent of each sector's
  annual DFA may be taken from the SCA before noon, April 1. The SCA is defined at Sec.   679.22(a)(7)(vii).
\3\ Pursuant to Sec.   679.20(a)(5)(i)(A)(4), 8.5 percent of the DFA allocated to listed CPs shall be available
  for harvest only by eligible catcher vessels with a CP endorsement delivering to listed CPs, unless there is a
  cooperative contract for the year.
\4\ Pursuant to Sec.   679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted CPs are limited to harvesting not more than
  0.5 percent of the C/P sector's allocation of pollock.
\5\ Pursuant to Sec.   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 Sec.   679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30
  percent of the sum of the non-CDQ pollock DFAs.
\7\ Pursuant to Sec.   679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
  Area 541 no more than 30 percent, in Area 542 no more than 15 percent, and in Area 543 no more than 5 percent
  of the Aleutian Islands pollock ABC.
\8\ Pursuant to Sec.   679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The
  amounts specified are therefore for incidental catch only and are not apportioned by season or sector (Sec.
  679.20(a)(5)(ii)).

Allocation of the Atka Mackerel TACs

    Section 679.20(a)(8) allocates the Atka mackerel TACs to the 
Amendment 80 and BSAI trawl limited access sectors, after subtracting 
the CDQ reserves, ICAs for the BSAI trawl limited access sector and 
non-trawl gear sector, and the jig gear allocation (table 3). The 
percentage of the ITAC for Atka mackerel allocated to the Amendment 80 
and BSAI trawl limited access sectors is listed in table 33 to 50 CFR 
part 679 and in Sec.  679.91. Pursuant to Sec.  679.20(a)(8)(i), up to 
2 percent of the Eastern Aleutian district and BS subarea Atka mackerel 
TAC may be allocated to vessels using jig gear. The percent of this 
allocation is recommended annually by the Council based on several 
criteria, including the anticipated harvest capacity of the jig gear 
fleet. The Council recommended, and NMFS proposes, a 0.5 percent 
allocation of the Atka mackerel TAC in the Eastern Aleutian district 
and BS subarea to the jig sector gear in 2025 and 2026.
    Section 679.20(a)(8)(ii)(A) apportions the Atka mackerel TAC, after 
subtraction of the jig gear allocation, into two equal seasonal 
allowances. Section 679.23(e)(3) sets the first seasonal allowance for 
directed fishing with trawl gear from January 20 through June 10 (A 
season), and the second seasonal allowance from June 10 through 
December 31 (B season). Section 679.23(e)(4)(iii) applies Atka mackerel 
trawl seasons to trawl CDQ Atka mackerel fishing. Within any fishing 
year, any underharvest or overharvest of a seasonal allowance may be 
added to or subtracted from a subsequent seasonal allowance (Sec.  
679.20(a)(8)(ii)(B)). The ICA and jig gear allocations are not 
apportioned by season.
    Sections 679.20(a)(8)(ii)(C)(1)(i) and (ii) limit Atka mackerel 
catch within waters 0 nautical miles (nmi) to 20 nmi of Steller sea 
lion sites listed in table 6 to 50 CFR part 679 and located west of 
178[deg] W longitude to no more than 60 percent of the annual TACs in 
Areas 542 and 543, and equally divides that annual harvest limit 
between the A and B seasons as defined at Sec.  679.23(e)(3). Section 
679.20(a)(8)(ii)(C)(2) requires that the annual TAC in Area 543 will be 
no more than 65 percent of the ABC in Area 543. Section 
679.20(a)(8)(ii)(D) requires that any unharvested Atka mackerel A 
season allowance that is added to the B season be prohibited from being 
harvested within waters 0 nmi to 20 nmi of Steller sea lion sites 
listed in table 6 to 50 CFR part 679 and located in Areas 541, 542, and 
543.
    Table 3 lists the proposed 2025 and 2026 Atka mackerel seasonal 
allowances, area allowances, and the sector allocations. One Amendment 
80 cooperative has formed for the 2025 fishing year. Because all 
Amendment 80 vessels are part of the sole cooperative,

[[Page 96193]]

no allocation to the Amendment 80 limited access sector is required for 
2025. The 2026 allocations for Atka mackerel between Amendment 80 
cooperatives and the Amendment 80 limited access sector will not be 
known until eligible participants apply for participation in the 
program by November 1, 2025. NMFS will post the 2026 Amendment 80 
cooperatives and Amendment 80 limited access sector allocations on the 
Alaska Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska prior to the start 
of the fishing year, based on the harvest specifications effective on 
that date.

   Table 3--Proposed 2025 and 2026 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch
                   Allowance (ICA), and Amendment 80 Allocations of the BSAI Atka Mackerel TAC
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                   2025 and 2026 allocation by area
                                                     -----------------------------------------------------------
           Sector \1\                Season 2 3 4      Eastern Aleutian
                                                        District/Bering    Central Aleutian    Western Aleutian
                                                              Sea            District \5\        District \5\
----------------------------------------------------------------------------------------------------------------
TAC.............................  n/a...............              30,000              14,877              21,288
CDQ reserve.....................  Total.............               3,210               1,592               2,278
                                  A.................               1,605                 796               1,139
                                  Critical habitat                   n/a                 478                 683
                                   \5\.
                                  B.................               1,605                 796               1,139
                                  Critical habitat                   n/a                 478                 683
                                   \5\.
non-CDQ TAC.....................  n/a...............              26,790              13,285              19,010
ICA.............................  Total.............                 800                 100                  20
Jig \6\.........................  Total.............                 130  ..................  ..................
BSAI trawl limited access.......  Total.............               2,586               1,319  ..................
                                  A.................               1,293                 659  ..................
                                  Critical habitat                   n/a                 396  ..................
                                   \5\.
                                  B.................               1,293                 659  ..................
                                  Critical habitat                   n/a                 396  ..................
                                   \5\.
Amendment 80 \7\................  Total.............              23,274              11,867              18,990
                                  A.................              11,637               5,933               9,495
                                  Critical habitat                   n/a               3,560               5,697
                                   \5\.
                                  B.................              11,637               5,933               9,495
                                  Critical habitat                   n/a               3,560               5,697
                                   \5\.
----------------------------------------------------------------------------------------------------------------
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and the
  jig gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for
  Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in table 33 to 50 CFR
  part 679 and Sec.   679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec.
  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 for the CDQ reserve, BSAI trawl limited access sector, and
  Amendment 80 sector 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 critical habitat; Sec.   679.20(a)(8)(ii)(C)(1)(ii) equally divides the
  annual harvest limits between the A and B seasons as defined at Sec.   679.23(e)(3); and Sec.
  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) require that up to 2 percent of the Eastern Aleutian District and Bering
  Sea subarea TAC be allocated to jig gear after subtraction of the CDQ reserve and ICA. The proposed amount of
  this allocation is 0.5 percent. The jig gear allocation is not apportioned by season.
\7\ The 2026 allocations for Atka mackerel between Amendment 80 cooperatives and the Amendment 80 limited access
  sector will not be known until eligible participants apply for participation in the program by November 1,
  2025.

Allocation of the Pacific Cod TAC

    The Council separated the BSAI OFL, ABC, and TAC into BS and AI 
subarea OFLs, ABCs, and TACs for Pacific cod in 2014 (79 FR 12108, 
March 4, 2014). Section 679.20(b)(1)(ii)(C) allocates 10.7 percent of 
the BS TAC and the AI TAC to the CDQ Program. After CDQ allocations 
have been deducted from the respective BS and AI Pacific cod TACs, the 
remaining BS and AI Pacific cod TACs are combined for calculating 
further BSAI Pacific cod sector allocations and seasonal allowances. If 
the non-CDQ Pacific cod TAC is or will be reached in either the BS or 
the AI subareas, NMFS will prohibit directed fishing for non-CDQ 
Pacific cod in that subarea, as provided in Sec.  679.20(d)(1)(iii).
    Section 679.20(a)(7)(ii) allocates to the non-CDQ sectors the 
combined BSAI Pacific cod TAC, after subtracting 10.7 percent for the 
CDQ Program, as follows: 1.4 percent to vessels using jig gear, 2.0 
percent to hook-and-line or pot CVs less than 60 feet (ft) (18.3 m) 
LOA, 0.2 percent to hook-and-line CVs greater than or equal to 60 ft 
(18.3 m) LOA, 48.7 percent to hook-and-line CPs, 8.4 percent to pot CVs 
greater than or equal to 60 ft (18.3 m) LOA, 1.5 percent to pot CPs, 
2.3 percent to AFA trawl CPs, 13.4 percent to the Amendment 80 sector, 
and 22.1 percent to trawl CVs. The BSAI ICA for the hook-and-line and 
pot sectors will be deducted from the aggregate portion of BSAI Pacific 
cod TAC allocated to the hook-and-line and pot sectors (Sec.  
679.20(a)(7)(ii)(B)). For 2025 and 2026, the Regional Administrator 
proposes a BSAI ICA of 500 mt, based on anticipated incidental catch by 
these sectors in other fisheries. During the fishing year, NMFS may 
reallocate unharvested Pacific cod among sectors, consistent with the 
reallocation hierarchy set forth at Sec.  679.20(a)(7)(iii).
    The BSAI ITAC allocation of Pacific cod to the Amendment 80 sector 
is established in table 33 to 50 CFR part 679 and Sec.  679.91. One 
Amendment 80 cooperative has formed for the 2025 fishing year. Because 
all Amendment 80 vessels are part of the sole cooperative, no 
allocation to the Amendment 80 limited access sector is required for

[[Page 96194]]

2025. The 2026 allocations for Pacific cod between Amendment 80 
cooperatives and the Amendment 80 limited access sector will not be 
known until eligible participants apply for participation in the 
program by November 1, 2025. NMFS will post the 2026 Amendment 80 
cooperatives and Amendment 80 limited access fishery allocations on the 
Alaska Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska prior to the start 
of the fishing year, based on the harvest specifications effective on 
that date.
    The BSAI ITAC allocation of Pacific cod to the Pacific Cod Trawl 
Cooperative Program (PCTC) Program is established in Sec.  679.131(b). 
Section 679.131(b)(1)(i) also requires NMFS to establish an ICA for 
incidental catch of Pacific cod by trawl CVs engaged in directed 
fishing for groundfish other than PCTC Program Pacific cod during the A 
and B seasons. In the annual harvest specification process, NMFS 
determines the Pacific cod trawl catcher vessel TAC and the annual 
apportionment of Pacific cod in the A and B seasons between the PCTC 
Program DFA and the ICA (Sec.  679.131(b)(2)) (table 4 below). The 
allocations to PCTC Program cooperatives are not included in these 
proposed harvest specifications. PCTC Program cooperative applications 
are not due to NMFS until November 1, 2024; therefore, NMFS cannot 
calculate 2025 and 2026 allocations in conjunction with these proposed 
harvest specifications (Sec.  679.131(b)). After receiving the PCTC 
Program applications, NMFS will calculate the 2025 allocations for PCTC 
Program cooperatives, as set forth in in Sec.  679.131(b), and will 
include the 2025 PCTC Program cooperative allocations in the final 
harvest specifications. NMFS also will post the 2025 PCTC Program 
cooperative allocations on the Alaska Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports prior to the start of the fishing year, based on the 
harvest specifications effective on that date. The 2026 allocations for 
Pacific cod for PCTC Program cooperatives will not be known until 
eligible participants apply for participation in the program by 
November 1, 2025.
    The sector allocations of Pacific cod are apportioned into seasonal 
allowances to disperse the Pacific cod fisheries over the fishing year 
(see Sec. Sec.  679.20(a)(7)(i)(B) (CDQ), 679.20(a)(7)(iv)(A) (non-
CDQ), and 679.23(e)(5) (seasons)). Table 4 lists the non-CDQ sector and 
seasonal allowances. In accordance with Sec.  679.20(a)(7)(iv)(B) and 
(C), any unused portion of a non-CDQ Pacific cod seasonal allowance for 
any sector, except the jig sector, will become available at the 
beginning of that sector's next seasonal allowance. Section 
679.20(a)(7)(i)(B) sets forth the CDQ Pacific cod gear allowances by 
season, and CDQ groups are prohibited from exceeding those seasonal 
allowances (Sec.  679.7(d)(6)).
    Section 679.20(a)(7)(vii) requires that the Regional Administrator 
establish an Area 543 Pacific cod harvest limit based on Pacific cod 
abundance in Area 543 as determined by the annual stock assessment 
process. Based on the 2023 stock assessment, the Regional Administrator 
has preliminarily determined for 2025 and 2026 that the estimated 
amount of Pacific cod abundance in Area 543 is 15.7 percent of total AI 
abundance. To calculate the Area 543 Pacific cod harvest limit, NMFS 
first subtracts the State GHL Pacific cod amount from the AI Pacific 
cod ABC. Then NMFS determines the harvest limit in Area 543 by 
multiplying the percentage of Pacific cod estimated in Area 543 (15.7 
percent) by the remaining ABC for AI Pacific cod. Based on these 
calculations, which rely on the 2023 stock assessment, the proposed 
Area 543 harvest limit is 1,269 mt. However, the final Area 543 harvest 
limit could change if the Pacific cod abundance in Area 543 changes 
based on the stock assessment in the final 2024 SAFE report.
    Under the PCTC Program, PCTC cooperatives are required to 
collectively set aside up to 12 percent of the PCTC Program A-season 
allocation for delivery to an AI shoreplant established through the 
process set forth at Sec.  679.132 in years in which an AI community 
representative notifies NMFS of their intent to process PCTC Program 
Pacific cod in Adak or Atka. A notice of intent to process PCTC Program 
Pacific cod for 2025 must be submitted in writing to the Regional 
Administrator by a representative of the City of Adak or the City of 
Atka no later than October 15. A notice of intent was not received in 
2024, and accordingly the AI set-aside will not be in effect for 2025. 
The 2026 set-aside will be determined after the October 15, 2025, 
deadline in conjunction with the 2026 and 2027 harvest specifications 
process.
    Based on the proposed 2025 and 2026 Pacific cod TACs, table 4 lists 
the CDQ and non-CDQ TAC amounts; non-CDQ seasonal allowances by gear; 
the sector allocations of Pacific cod; and the seasons set forth at 
Sec.  679.23(e)(5).

                       Table 4--Proposed 2025 and 2026 Sector Allocations and Seasonal Allowances of the BSAI \1\ Pacific Cod TAC
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             2025 and 2026    2025 and 2026                2025 and 2026 seasonal allowances
                     Sector                        Percent   share of gear   share of sector -----------------------------------------------------------
                                                              sector total        total                            Season                        Amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Bering Sea TAC............................       n/a          131,217              n/a  n/a.............................................       n/a
Bering Sea CDQ..................................       n/a           14,040              n/a  See Sec.   679.20(a)(7)(i)(B)...................       n/a
Bering Sea non-CDQ TAC..........................       n/a          117,177              n/a  n/a.............................................       n/a
Total Aleutian Islands TAC......................       n/a            8,080              n/a  n/a.............................................       n/a
Aleutian Islands CDQ............................       n/a              865              n/a  See Sec.   679.20(a)(7)(i)(B)...................       n/a
Aleutian Islands non-CDQ TAC....................       n/a            7,215              n/a  n/a.............................................       n/a
Western Aleutians Islands Limit.................       n/a            1,269              n/a  n/a.............................................       n/a
Total BSAI non-CDQ TAC \1\......................     100.0          124,392              n/a  n/a.............................................       n/a
Total hook-and-line/pot gear....................      60.8           75,630              n/a  n/a.............................................       n/a
Hook-and-line/pot ICA \2\.......................       n/a              n/a              500  n/a.............................................       n/a
Hook-and-line/pot sub-total.....................       n/a           75,130              n/a  n/a.............................................       n/a
Hook-and-line catcher/processors................      48.7              n/a           60,179  n/a.............................................       n/a
A-season........................................                                              Jan-1-Jun 10....................................    30,691
B-season........................................                                              Jun 10-Dec 31...................................    29,487
Hook-and-line catcher vessels >=60 ft LOA.......       0.2              n/a              247  n/a.............................................       n/a
A-season........................................                                              Jan 1-Jun 10....................................       126
B-season........................................                                              Jun 10-Dec 31...................................       121
Pot catcher/processors..........................       1.5              n/a            1,854  n/a.............................................       n/a

[[Page 96195]]

 
Pot catcher/processors A-season.................                                              Jan 1-Jun 10....................................       945
Pot catcher/processors B-season.................                                              Sept 1-Dec 31...................................       908
Pot catcher vessels >=60 ft LOA.................       8.4              n/a           10,380  n/a.............................................       n/a
A-season........................................                                              Jan 1-Jun 10....................................     5,294
B-season........................................                                              Sept-1-Dec 31...................................     5,086
Catcher vessels <60 ft LOA using hook-and-line         2.0              n/a            2,471  n/a.............................................       n/a
 or pot gear.
Trawl catcher vessels \3\.......................      22.1           27,491              n/a  n/a.............................................       n/a
A-Season ICA....................................                                              Jan 20-Apr 1....................................     1,500
A-season PCTC...................................                                              Jan 20-Apr 1....................................    18,843
B-season ICA....................................                                              Apr 1-Jun 10....................................       700
B-season PCTC...................................                                              Apr 1-Jun 10....................................     2,324
C-season trawl catcher vessels..................                                              Jun 10-Nov 1....................................     4,124
AFA trawl catcher/processors....................       2.3            2,861              n/a  n/a.............................................       n/a
A-season........................................                                              Jan 20-Apr 1....................................     2,146
B-season........................................                                              Apr 1-Jun 10....................................       715
C-season........................................                                              Jun 10-Nov 1....................................  ........
Amendment 80....................................      13.4           16,669              n/a  n/a.............................................       n/a
A-season........................................                                              Jan 20-Apr 1....................................    12,501
B-season........................................                                              Apr 1-Jun 10....................................     4,167
C-season........................................                                              Jun 10-Dec 31...................................  ........
Jig.............................................       1.4            1,741              n/a  n/a.............................................       n/a
A-season........................................                                              Jan 1-Apr 30....................................     1,045
B-season........................................                                              Apr 30-Aug 31...................................       348
C-season........................................                                              Aug 31-Dec 31...................................       348
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ 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 (Sec.   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 proposes 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 PCTC Program after subtraction of the A and B season ICAs (Sec.
  679.131(b)(1)). The Regional Administrator proposes for 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 PCTC Program Pacific cod.
Note: Seasonal or sector apportionments may not total precisely due to rounding.

Sablefish Gear Allocation

    Section 679.20(a)(4)(iii) and (iv) require allocation of sablefish 
TAC for the BS and AI between trawl gear and fixed gear. Gear 
allocations of the sablefish TAC for the BS are 50 percent for trawl 
gear and 50 percent for fixed gear. Gear allocations of the TAC for the 
AI are 25 percent for trawl gear and 75 percent for fixed gear. Section 
679.20(b)(1)(ii)(B) requires that NMFS apportion 20 percent of the 
fixed gear allocation of sablefish TAC to the CDQ reserve for each 
subarea. Also, Sec.  679.20(b)(1)(ii)(D)(1) requires that 7.5 percent 
of the trawl gear allocation of sablefish TAC from the nonspecified 
reserve, established under Sec.  679.20(b)(1)(i), be apportioned to the 
CDQ reserve. The Council recommended that only trawl gear allocations 
of sablefish TACs be established biennially and that fixed gear 
allocations of sablefish TACs be established for 1 year. NMFS concurs, 
and the proposed harvest specifications for the fixed gear sablefish 
Individual Fishing Quota (IFQ) fisheries are limited to the 2025 
fishing year to ensure those fisheries are conducted concurrently with 
the halibut IFQ fishery. Concurrent sablefish and halibut IFQ fisheries 
reduce the potential for discards of halibut and sablefish in those 
fisheries. The sablefish IFQ fisheries remain closed at the beginning 
of each fishing year until the final harvest specifications for the 
sablefish IFQ fisheries are in effect. Table 5 lists the proposed 2025 
and 2026 gear allocations of the sablefish TAC and CDQ reserve amounts.

                                   Table 5--Proposed 2025 and 2026 Gear Shares and CDQ Reserve of BSAI Sablefish TACs
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      Percent    2025 Share  2025 ITAC    2025 CDQ    2026 Share               2026 CDQ
                          Subarea and gear                             of TAC      of TAC       \1\       reserve       of TAC    2026 ITAC    reserve
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea:
    Trawl gear.....................................................         50        4,750      4,038          356        4,750      4,038          356
    Fixed gear \2\.................................................         50        4,750        n/a          950          n/a        n/a          n/a
                                                                    ------------------------------------------------------------------------------------
        Total......................................................        100        9,500      4,038        1,306        4,750      4,038          356
--------------------------------------------------------------------------------------------------------------------------------------------------------
Aleutian Islands:
    Trawl gear.....................................................         25        2,110      1,794          158        2,110      1,794          158
    Fixed gear \2\.................................................         75        6,330        n/a        1,266          n/a        n/a          n/a
                                                                    ------------------------------------------------------------------------------------

[[Page 96196]]

 
        Total......................................................        100        8,440      1,794        1,424        2,110      1,794          158
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For the sablefish TAC allocated to vessels using trawl gear, 15 percent of TAC is apportioned to the nonspecified reserve (Sec.   679.20(b)(1)(i)).
  The ITAC for vessels using trawl gear is the remainder of the TAC after subtracting this reserve. In the BS and AI, 7.5 percent of the trawl gear
  allocation of the TAC is assigned from the nonspecified reserve to the CDQ reserve (Sec.   679.20(b)(1)(ii)(D)(1)).
\2\ For the portion of the sablefish TAC allocated to vessels using fixed gear, 20 percent of the allocated TAC for the BS and AI is reserved for use by
  CDQ participants (Sec.   679.20(b)(1)(ii)(B)). The ITAC for vessels using fixed gear is the remainder of the TAC after subtracting the CDQ reserve for
  each subarea. The Council recommended, and NMFS proposes, that specifications for the fixed gear sablefish IFQ fisheries be limited to 1 year.
Note: Seasonal or sector apportionments may not total precisely due to rounding.

Allocation of the AI Pacific Ocean Perch, and BSAI Flathead Sole, Rock 
Sole, and Yellowfin Sole TACs

    Section 679.20(a)(10)(i) and (ii) require that NMFS allocate AI 
Pacific ocean perch, and BSAI flathead sole, rock sole, and yellowfin 
sole TACs between the Amendment 80 sector and the BSAI trawl limited 
access sector, after subtracting 10.7 percent for the CDQ reserves and 
amounts for ICAs for the BSAI trawl limited access sector and vessels 
using non-trawl gear. The allocation of the ITACs for AI Pacific ocean 
perch, and BSAI flathead sole, rock sole, and yellowfin sole to the 
Amendment 80 sector is established in accordance with tables 33 and 34 
to 50 CFR part 679 and in Sec.  679.91.
    One Amendment 80 cooperative has formed for the 2025 fishing year. 
Because all Amendment 80 vessels are part of the sole cooperative, no 
allocation to the Amendment 80 limited access sector is required for 
2025. The 2026 allocations for Amendment 80 species between Amendment 
80 cooperatives and the Amendment 80 limited access sector will not be 
known until eligible participants apply for participation in the 
program and the deadline for applying for participation is November 1, 
2025. NMFS will post the 2026 Amendment 80 cooperatives and Amendment 
80 limited access sector allocations on the Alaska Region website at 
https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska prior to the start of the fishing year, 
based on the harvest specifications effective on that date. Table 6 
lists the proposed 2025 and 2026 allocations of the AI Pacific ocean 
perch, and BSAI flathead sole, rock sole, and yellowfin sole TACs.

Table 6--Proposed 2025 and 2026 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAs), and
  Amendment 80 Allocations of the Aleutian Islands Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and
                                               Yellowfin Sole TACs
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                              2025 and 2026 allocations
                                   -----------------------------------------------------------------------------
                                             Pacific ocean perch             Flathead    Rock sole    Yellowfin
              Sector               ---------------------------------------     sole    -------------     sole
                                      Eastern      Central      Western   -------------             ------------
                                      Aleutian     Aleutian     Aleutian                    BSAI
                                      District     District     District       BSAI                      BSAI
----------------------------------------------------------------------------------------------------------------
TAC...............................        7,828        5,423       12,500       35,500       66,000      195,000
CDQ...............................          838          580        1,338        3,799        7,062       20,865
ICA...............................          100           60           10        2,000        3,000        2,000
BSAI trawl limited access.........          689          478          223  ...........  ...........       33,796
Amendment 80 \1\..................        6,201        4,304       10,929       29,702       55,938      138,339
----------------------------------------------------------------------------------------------------------------
\1\ The 2026 allocations between Amendment 80 cooperatives and the Amendment 80 limited access sector will not
  be known until eligible participants apply for participation in the program by the deadline of November 1,
  2025.

    Section 679.2 defines the ABC surplus for flathead sole, rock sole, 
and yellowfin sole as the difference between the annual ABC and TAC for 
each species. Section 679.20(b)(1)(iii) establishes ABC reserves for 
flathead sole, rock sole, and yellowfin sole. The ABC surpluses and the 
ABC reserves are necessary to mitigate the operational variability, 
environmental conditions, and economic factors that may constrain the 
CDQ groups and the Amendment 80 cooperatives from fully harvesting 
their allocations and to improve the likelihood of achieving and 
maintaining, on a continuing basis, the optimum yield in the BSAI 
groundfish fisheries. NMFS, after consultation with the Council, may 
set the ABC reserve at or below the ABC surplus for each species, thus 
maintaining the TAC at or below ABC limits. An amount equal to 10.7 
percent of the ABC reserves will be allocated as CDQ ABC reserves for 
flathead sole, rock sole, and yellowfin sole. Section 679.31(b)(4) 
establishes the annual allocations of CDQ ABC reserves among the CDQ 
groups. The Amendment 80 ABC reserves are the ABC reserves minus the 
CDQ ABC reserves. Section 679.91(i)(2) establishes each Amendment 80 
cooperative ABC reserves to be the ratio of each cooperatives' quota 
share units and the total Amendment 80 quota share units, multiplied by 
the Amendment 80 ABC reserve for each respective species. Table 7 lists 
the proposed 2025 and 2026 ABC surplus and ABC reserves for BSAI 
flathead sole, rock sole, and yellowfin sole.

[[Page 96197]]



 Table 7--Proposed 2025 and 2026 ABC Surplus, ABC Reserves, Community Development Quota (CDQ) ABC Reserves, and
             Amendment 80 ABC Reserves in the BSAI for Flathead Sole, Rock Sole, and Yellowfin Sole
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                           Sector                              Flathead sole      Rock sole      Yellowfin sole
----------------------------------------------------------------------------------------------------------------
ABC.........................................................           68,203          122,535           276,917
TAC.........................................................           35,500           66,000           195,000
ABC surplus.................................................           32,703           56,535            81,917
ABC reserve.................................................           32,703           56,535            81,917
CDQ ABC reserve.............................................            3,499            6,049             8,765
Amendment 80 ABC reserve \1\................................           29,204           50,486            73,152
----------------------------------------------------------------------------------------------------------------
Note: The 2026 allocations between Amendment 80 cooperatives and the Amendment 80 limited access sector will not
  be known until eligible participants apply for participation in the program by the deadline of November 1,
  2025.

Proposed PSC Limits for Halibut, Salmon, Crab, and Herring

    Sections 679.21(b), (e), (f), and (g) set forth the BSAI PSC 
limits. Section 679.21(b)(1) establishes three fixed halibut PSC limits 
totaling 1,770 mt, and assigns 315 mt of the halibut PSC limit as the 
PSQ reserve for use by the groundfish CDQ Program, 745 mt of the 
halibut PSC limit for the BSAI trawl limited access sector, and 710 mt 
of the halibut PSC limit for the BSAI non-trawl sector. Under amendment 
123 to the FMP and implementing regulations (88 FR 82740, November 24, 
2023), an additional amount for the halibut PSC limit for the Amendment 
80 sector is determined annually based on the most recent halibut 
biomass estimates from the International Pacific Halibut Commission 
(IPHC) setline survey index and the NMFS Alaska Fisheries Science 
Center (AFSC) Eastern Bering Sea shelf trawl survey index. In 
accordance with Sec.  679.21(b)(1)(i)(B), NMFS applies both halibut 
biomass estimates such that the value at the intercept of those survey 
indices from table 58 to 50 CFR part 679 is the Amendment 80 sector 
halibut PSC limit for the following year.
    The 2024 AFSC Eastern Bering Sea shelf trawl survey index estimate 
of halibut abundance is 125,145 mt and is below the threshold level of 
150,000 mt. The IPHC setline survey index is unknown at this time but 
is anticipated to be available by December 2024. Based on the 2024 AFSC 
Eastern Bering Sea shelf trawl survey index indicating a low biomass 
state, the final Amendment 80 sector halibut PSC limit will be one of 
the following--1,134 mt, 1,309 mt, 1,396 mt, or 1,745 mt--depending on 
the IPHC setline survey index. Since both survey indices are not yet 
available, NMFS is unable to calculate the Amendment 80 sector halibut 
PSC limit for next year in these proposed 2025 and 2026 harvest 
specifications and therefore proposes a roll-over from last year's 2024 
and 2025 harvest specifications of 1,396 mt. NMFS will calculate the 
final Amendment 80 sector halibut PSC limit and the total halibut PSC 
limit for the BSAI in the final 2025 and 2026 harvest specifications.
    Section 679.21(b)(1)(iii)(A) and (B) require apportionment of the 
BSAI non-trawl halibut PSC limit into PSC allowances among six fishery 
categories, and Sec.  679.21(b)(1)(ii)(A) and (B), (e)(3)(i)(B), and 
(e)(3)(iv) require apportionment of the BSAI trawl limited access 
sector's halibut and crab PSC limits into PSC allowances among seven 
fishery categories. Tables 9 and 10 list the proposed fishery PSC 
allowances for the BSAI trawl limited access sector fisheries, and 
table 11 lists the proposed fishery PSC allowances for the non-trawl 
fisheries.
    Pursuant to section 3.6 of the FMP, the Council recommends, and 
NMFS proposes, that certain specified non-trawl fisheries be exempt 
from the halibut PSC limit. As in past years, after consultation with 
the Council, NMFS proposes to exempt the pot gear fishery, the jig gear 
fishery, and the sablefish IFQ fixed gear fishery categories from 
halibut bycatch restrictions for the following reasons: (1) the pot 
gear fisheries have low halibut bycatch mortality; (2) NMFS estimates 
halibut mortality for the jig gear fleet to be negligible because of 
the small size of the fishery and the selectivity of the gear; and (3) 
the sablefish and halibut IFQ fisheries have low halibut bycatch 
mortality because the IFQ Program requires legal-size halibut to be 
retained by vessels using fixed gear if a halibut IFQ permit holder or 
a hired master is aboard and is holding unused halibut IFQ for that 
vessel category and the IFQ regulatory area in which the vessel is 
operating (Sec.  679.7(f)(11)).
    As of November 8, 2024, total groundfish catch for the pot gear 
fishery in the BSAI was 13,278 mt, with an associated halibut bycatch 
mortality of 9 mt. The 2024 jig gear fishery harvested 0 mt of 
groundfish. Most vessels in the jig gear fleet are exempt from observer 
coverage requirements. As a result, observer data are not available on 
halibut bycatch in the jig gear fishery. As mentioned above, NMFS 
estimates a negligible amount of halibut bycatch mortality because of 
the selective nature of jig gear and the low mortality rate of halibut 
caught with jig gear and released.
    Under Sec.  679.21(f)(2), NMFS annually allocates portions of 
either 33,318, 45,000, 47,591, or 60,000 Chinook salmon PSC limits 
among the AFA sectors, depending on past bycatch performance, on 
whether Chinook salmon bycatch incentive plan agreements (IPA) are 
approved, and on whether NMFS determines it is a low Chinook salmon 
abundance year. NMFS will determine that it is a low Chinook salmon 
abundance year when abundance of Chinook salmon in western Alaska is 
less than or equal to 250,000 Chinook salmon. The State provides to 
NMFS an estimate of Chinook salmon abundance using the 3-System Index 
for western Alaska, based on the Kuskokwim, Unalakleet, and Upper Yukon 
aggregate stock grouping.
    If an AFA sector participates in an approved IPA and has not 
exceeded its performance standard under Sec.  679.21(f)(6), and if it 
is not a low Chinook salmon abundance year, then NMFS will allocate a 
portion of the 60,000 Chinook salmon PSC limit to that sector as 
specified in Sec.  679.21(f)(3)(iii)(A). If no IPA is approved, or if 
the sector has exceeded its performance standard under Sec.  
679.21(f)(6), and if it is not a low abundance year, then NMFS will 
allocate a portion of the 47,591 Chinook salmon PSC limit to that 
sector as specified in Sec.  679.21(f)(3)(iii)(C). If an AFA sector 
participates in an approved IPA and has not exceeded its performance 
standard under Sec.  679.21(f)(6) in a low abundance year, then NMFS 
will allocate a portion of the 45,000 Chinook salmon PSC limit to that 
sector as specified in Sec.  679.21(f)(3)(iii)(B). If no IPA is 
approved, or if the sector has exceeded

[[Page 96198]]

its performance standard under Sec.  679.21(f)(6), and if in a low 
abundance year, then NMFS will allocate a portion of the 33,318 Chinook 
salmon PSC limit to that sector as specified in Sec.  
679.21(f)(3)(iii)(D).
    NMFS has determined that 2024 was a low Chinook salmon abundance 
year, based on the State's estimate that Chinook salmon abundance in 
western Alaska is less than 250,000 Chinook salmon. In addition, all 
AFA sectors are participating in NMFS-approved IPAs, and no sector has 
exceeded the sector's annual Chinook salmon bycatch performance 
standard in any three of seven consecutive years. Therefore, in 2025, 
the Chinook salmon PSC limit is 45,000 Chinook salmon, allocated to 
each sector as specified in Sec.  679.21(f)(3)(iii)(B). In 2025, the 
Chinook salmon bycatch performance standard under Sec.  679.21(f)(6) is 
33,318 Chinook salmon, allocated to each sector as specified in Sec.  
679.21(f)(3)(iii)(D). If a sector exceeds its Chinook salmon bycatch 
performance standard in any three of seven consecutive years, that 
sector's allocation is reduced to the amount allocated under the 
Chinook salmon bycatch performance standard at Sec.  
679.21(f)(3)(iii)(C)-(D). The AFA sector Chinook salmon PSC limits are 
also seasonally apportioned with 70 percent for the A season pollock 
fishery and 30 percent for the B season pollock fishery (Sec. Sec.  
679.21(f)(3)(i) and 679.23(e)(2)). NMFS publishes the approved IPAs and 
the Chinook salmon PSC allocations and reports at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska.
    Section 679.21(g)(2)(i) specifies 700 fish as the 2025 and 2026 
Chinook salmon PSC limit for the AI pollock fishery. Section 
679.21(g)(2)(ii) allocates 7.5 percent, or 53 Chinook salmon, as the AI 
PSQ reserve for the CDQ Program and allocates the remaining 647 Chinook 
salmon to the non-CDQ fisheries.
    Section 679.21(f)(14)(i) specifies 42,000 fish as the 2025 and 2026 
non-Chinook salmon PSC limit for vessels using trawl gear from August 
15 through October 14 in the Catcher Vessel Operational Area (CVOA). 
Section 679.21(f)(14)(ii) allocates 10.7 percent, or 4,494 non-Chinook 
salmon, in the CVOA as the PSQ reserve for the CDQ Program and 
allocates the remaining 37,506 non-Chinook salmon in the CVOA to the 
non-CDQ fisheries. Section 679.21(f)(14)(iv) exempts from closures in 
the Chum Salmon Savings Area trawl vessels participating in directed 
fishing for pollock and operating under an IPA approved by NMFS.
    PSC limits for crab and herring are specified annually based on 
abundance and spawning biomass.
    Based on the most recent (2024) survey data, the red king crab 
mature female abundance is estimated at 11.7 million red king crabs, 
and the effective spawning biomass is estimated at 22.47 million lbs 
(10,190 mt). Based on the criteria set out at Sec.  679.21(e)(1)(i), 
the calculated 2025 and 2026 PSC limit of red king crab in Zone 1 for 
trawl gear is 97,000 animals. This limit derives from the mature female 
abundance estimate above 8.4 million mature red king crab and an 
effective spawning biomass between 14.5 and 55 million lbs (6,577 and 
24,947 mt).
    Section 679.21(e)(3)(ii)(B)(2) establishes criteria under which 
NMFS must specify, after consultation with the Council, an annual red 
king crab bycatch limit for the Red King Crab Savings Subarea (RKCSS) 
if the State has established a GHL fishery for red king crab in the 
Bristol Bay area in the previous year. The regulations limit the RKCSS 
red king crab bycatch limit to 25 percent of the red king crab PSC 
limit, based on the need to optimize the groundfish harvest relative to 
red king crab bycatch. In October 2024, the Council recommended and 
NMFS proposes that the RKCSS red king crab bycatch limit for 2025 and 
2026 be equal to 25 percent of the red king crab PSC limit (table 9).
    Based on the most recent (2024) survey data from the NMFS annual 
bottom trawl survey, Tanner crab (Chionoecetes bairdi) abundance is 
estimated at 1,216 million animals. Pursuant to criteria set out at 
Sec.  679.21(e)(1)(ii), the calculated 2025 and 2026 C. bairdi crab PSC 
limit for trawl gear is 980,000 animals in Zone 1 and 2,970,000 animals 
in Zone 2. The limit in Zone 1 is based on the total abundance of C. 
bairdi (estimated at 1,216 million animals), which is greater than 400 
million animals. The limit in Zone 2 is based on the total abundance of 
C. bairdi (estimated at 1,216 million animals), which is greater than 
400 million animals.
    Pursuant to Sec.  679.21(e)(1)(iii), the PSC limit for trawl gear 
for snow crab (C. opilio) is based on total abundance as indicated by 
the NMFS annual bottom trawl survey. The C. opilio crab PSC limit in 
the C. opilio bycatch limitation zone (COBLZ) is set at 0.1133 percent 
of the Bering Sea abundance index minus 150,000 crabs, unless a minimum 
or maximum PSC limit applies. Based on the most recent (2024) survey 
estimate of 13.37 billion animals, the calculated C. opilio crab PSC 
limit is 14,998,210 animals. Because 0.1133 percent multiplied by the 
total abundance is greater than 13 million animals, the maximum PSC 
limit applies and the PSC limit will be 12.85 million animals.
    Pursuant to Sec.  679.21(e)(1)(v), the PSC limit of Pacific herring 
caught while conducting any trawl operation for BSAI groundfish is 1 
percent of the annual eastern Bering Sea herring biomass. Due to the 
lack of new information as of October 2024 regarding herring PSC limits 
and apportionments, the Council recommended, and NMFS proposes, basing 
the proposed 2025 and 2026 herring PSC limits and apportionments on the 
2023 survey data. Based on the 2023 survey data, the best current 
estimate of 2025 and 2026 herring biomass is 253,511 mt. This amount 
was developed by the Alaska Department of Fish and Game based on 
biomass for spawning aggregations. Therefore, the herring PSC limit 
proposed for 2025 and 2026 is 2,535 mt for all trawl gear as listed in 
tables 8 and 9. The Council and NMFS will reconsider the herring PSC 
limit for the final harvest specifications when updated survey data and 
information on biomass becomes available.
    Section 679.21(e)(3)(i)(A)(1) apportions 10.7 percent of each trawl 
gear PSC limit specified for crab as a PSQ reserve for use by the 
groundfish CDQ Program. Section 679.21(e)(3)(i)(A) requires that crab 
PSQ reserves be subtracted from the total trawl PSC limits. The crab 
and halibut PSC limits assigned to the Amendment 80 and BSAI trawl 
limited access sectors are listed in table 35 to 50 CFR part 679. The 
resulting proposed 2025 and 2026 apportionments of crab and halibut PSC 
limits to CDQ PSQ, the Amendment 80 sector, and the BSAI trawl limited 
access sector are listed in table 8. Pursuant to Sec. Sec.  
679.21(b)(1)(i), 679.21(e)(3)(vi), and 679.91(d) through (f), crab and 
halibut trawl PSC limits assigned to the Amendment 80 sector are then 
further issued to Amendment 80 cooperatives as cooperative quotas. Crab 
and halibut PSC cooperative quotas assigned to Amendment 80 
cooperatives are not assigned to specific fishery categories.
    One Amendment 80 cooperative has formed for the 2025 fishing year. 
Because all Amendment 80 vessels are part of the sole cooperative, no 
PSC limit assigned to the Amendment 80 limited access sector is 
required for 2025. The 2026 PSC limits assigned between Amendment 80 
cooperatives and the Amendment 80 limited access sector will not be 
known until eligible participants apply for participation in

[[Page 96199]]

the program by the deadline of November 1, 2025. NMFS will post the 
2026 Amendment 80 cooperatives and Amendment 80 limited access sector 
limits on the Alaska Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska prior to the 
start of the fishing year, based on the harvest specifications 
effective on that date.
    The BSAI allocation of halibut and crab PSC limits to the PCTC 
Program is established in Sec.  679.131(c) and (d). The halibut PSC 
apportioned to the trawl CV sector is 98 percent of the halibut PSC 
limit apportioned to the BSAI trawl limited access sector's Pacific cod 
fishery category, and the remaining 2 percent is apportioned to the AFA 
CP sector. The trawl CV sector apportionment is further assigned to the 
A and B seasons (95 percent) and the C season (5 percent), and the A 
and B season trawl CV halibut PSC limit is reduced by 25 percent to 
determine the overall PCTC Program halibut PSC limit. The crab PSC 
apportioned to the trawl CV sector is 90.6 percent of the crab PSC 
limit apportioned to the BSAI trawl limited access sector's Pacific cod 
fishery category, and the remaining 9.4 percent is apportioned to the 
AFA CP sector. The trawl CV sector apportionment is further assigned to 
the A and B seasons (95 percent) and the C season (5 percent), and the 
A and B season trawl CV crab PSC limit is reduced by 35 percent to 
determine the overall PCTC Program crab PSC limit.
    Pursuant to Sec.  679.131(c) and (d), the halibut and crab trawl 
PSC limits assigned to the PCTC Program are then further issued to PCTC 
Program cooperatives as cooperative quotas. The halibut and crab PSC 
limits issued to PCTC Program cooperatives are not included in these 
proposed harvest specifications. PCTC Program cooperative applications 
are not due to NMFS until November 1, 2024; therefore, NMFS cannot 
calculate 2025 PSC limits in conjunction with these proposed harvest 
specifications (Sec.  679.131(c) and (d)). After receiving the PCTC 
Program cooperative applications, NMFS will calculate the 2025 halibut 
and crab PSC limits for PCTC Program cooperatives, as set forth in in 
Sec.  679.131(c) and (d), and will include the 2025 halibut and crab 
PSC limits for PCTC Program cooperatives in the final harvest 
specifications. NMFS also will post them on the Alaska Region website 
at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports prior to the start of the fishing year, 
based on the harvest specifications effective on that date. The 2026 
allocations of halibut and crab PSC limits for PCTC Program 
cooperatives will not be known until eligible participants apply for 
participation in the program by the deadline of November 1, 2025.
    Sections 679.21(b)(2) and (e)(5) authorize NMFS, after consulting 
with the Council, to establish seasonal apportionments of halibut and 
crab PSC amounts for the BSAI non-trawl, BSAI trawl limited access, and 
Amendment 80 limited access sectors to maximize the ability of the 
fleets to harvest the available groundfish TAC and to minimize bycatch. 
The factors considered are (1) seasonal distribution of prohibited 
species, (2) seasonal distribution of target groundfish species 
relative to prohibited species distribution, (3) prohibited species 
bycatch needs on a seasonal basis relevant to prohibited species 
biomass and expected catches of target groundfish species, (4) expected 
variations in bycatch rates throughout the year, (5) expected changes 
in directed groundfish fishing seasons, (6) expected start of fishing 
effort, and (7) economic effects of establishing seasonal prohibited 
species apportionments on segments of the target groundfish industry. 
Based on these criteria, the Council recommended, and NMFS proposes, 
the seasonal PSC apportionments in tables 10 and 11 to maximize harvest 
among gear types, fisheries, and seasons, while minimizing bycatch of 
PSC.

   Table 8--Proposed 2025 and 2026 Apportionment of Prohibited Species Catch Allowances to Non-Trawl Gear, the CDQ Program, Amendment 80, and the BSAI
                                                              Trawl Limited Access Sectors
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             Trawl PSC                      BSAI trawl       BSAI PSC
    PSC species, areas, and zones \1\      Total PSC \4\  Non-trawl  PSC      CDQ PSQ        remaining     Amendment  80  limited access    limits not
                                                                            reserve \2\    after CDQ PSQ    sector 3 4         sector      allocated \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Halibut mortality (mt) BSAI.............           3,166             710             315             n/a           1.396             745             n/a
Herring (mt) BSAI.......................           2,535             n/a             n/a             n/a             n/a             n/a             n/a
Red king crab (animals) Zone 1..........          97,000             n/a          10,379          86,621          43,293          26,489          16,839
C. opilio (animals) COBLZ...............      12,850,000             n/a       1,374,950      11,475,050       5,639,987       3,688,081       2,146,982
C. bairdi crab (animals) Zone 1.........         980,000             n/a         104,860         875,140         368,521         411,228          95,390
C. bairdi crab (animals) Zone 2.........       2,970,000             n/a         317,790       2,652,210         627,778       1,241,500         782,932
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of areas and zones.
\2\ The PSQ reserve for the CDQ Program for crab species is 10.7 percent of each crab PSC limit.
\3\ The Amendment 80 program reduced apportionment of the trawl PSC limits for crab below the total PSC limit. These reductions are not apportioned to
  other gear types or sectors.
\4\ Under Amendment 123 and implementing regulations (88 FR 82740, November 24, 2023), the halibut PSC limit for the Amendment 80 sector is determined
  annually based on the most recent halibut biomass estimates from the IPHC setline survey index and the NMFS AFSC Eastern Bering Sea shelf trawl survey
  index (Sec.   679.21(b)(1)(i)(A)-(C)). Since both survey indices are not yet available, NMFS is unable to calculate the Amendment 80 sector halibut
  PSC limit for the proposed 2025 and 2026 harvest specifications and therefore proposes a roll-over from last year's 2024 and 2025 harvest
  specifications of 1,396 mt. NMFS will update the final halibut PSC limit for the Amendment 80 sector, as well as the total halibut PSC limit for the
  BSAI, in the final 2025 and 2026 harvest specifications.


    Table 9--Proposed 2025 and 2026 Herring and Red King Crab Savings
    Subarea Prohibited Species Catch Allowances for All Trawl Sectors
------------------------------------------------------------------------
                                        Herring (mt)      Red king crab
         Fishery categories                 BSAI        (animals) Zone 1
------------------------------------------------------------------------
Yellowfin sole......................               147               n/a
Rock sole/flathead sole/Alaska                      73               n/a
 plaice/other flatfish \1\..........
Greenland turbot/arrowtooth flounder/                7               n/a
 Kamchatka flounder/sablefish.......
Rockfish............................                 7               n/a
Pacific cod.........................                13               n/a
Midwater trawl pollock..............             2,257               n/a
Pollock/Atka mackerel/other species                 30               n/a
 2 3................................

[[Page 96200]]

 
2024 Red king crab savings subarea                 n/a            24,250
 non-pelagic trawl gear \4\.........
                                     -----------------------------------
    Total trawl PSC.................             2,535            97,000
------------------------------------------------------------------------
\1\ ``Other flatfish'' for PSC monitoring includes all flatfish species,
  except for halibut (a prohibited species), Alaska plaice, arrowtooth
  flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock
  sole, and yellowfin sole.
\2\ Pollock other than midwater trawl pollock, Atka mackerel, and
  ``other species'' fishery category.
\3\ ``Other species'' for PSC monitoring includes skates, sharks, and
  octopuses.
\4\ In October 2024, the Council recommended and NMFS proposes that the
  red king crab bycatch limit within the RKCSS be limited to 25 percent
  of the red king crab PSC limit (see Sec.   679.21(e)(3)(ii)(B)(2)).
Note: Species apportionments may not total precisely due to rounding.


   Table 10-Proposed 2025 Prohibited Species Bycatch Allowances for the BSAI Trawl Limited Access Sectors and
                                      Pacific Cod Trawl Cooperative Program
----------------------------------------------------------------------------------------------------------------
                                                          Prohibited species and area \1\
                                 -------------------------------------------------------------------------------
BSAI trawl limited access sector      Halibut      Red king crab     C. opilio          C. bairdi (animals)
            fisheries             mortality (mt)     (animals)       (animals)   -------------------------------
                                       BSAI           Zone 1           COBLZ          Zone 1          Zone 2
----------------------------------------------------------------------------------------------------------------
Yellowfin sole..................             265          23,337       3,521,726         346,228       1,185,500
Rock sole/flathead sole/other     ..............  ..............               0  ..............  ..............
 flatfish \2\...................
Greenland turbot/arrowtooth       ..............  ..............               0  ..............  ..............
 flounder/Kamchatka flounder/
 sablefish......................
Rockfish, April 15-December 31..               5  ..............           2,971  ..............           1,000
Total Pacific cod \3\...........             300           2,955         148,531          60,000          50,000
AFA CP Pacific cod..............               6             278          13,962           5,640           4,700
PCTC Program Pacific cod, A and              209           1,653          83,097          33,567          27,973
 B season.......................
Trawl CV Pacific cod, C season..              15             134           6,728           2,718           2,265
PCTC Program unallocated                      70             890          44,744          18,075          15,062
 reduction......................
Pollock/Atka mackerel/other                  175             197          14,854           5,000           5,000
 species \4\....................
                                 -------------------------------------------------------------------------------
    Total BSAI trawl limited                 745          26,489       3,688,082         411,228       1,241,500
     access sector PSC..........
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of areas and zones.
\2\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
  species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole,
  and yellowfin sole.
\3\ With the implementation of the PCTC Program, the BSAI trawl limited access sector Pacific cod PSC limits for
  halibut and crab are split between AFA CPs, PCTC A and B-season for trawl CVs, and open access C-season. NMFS
  will apply a 25 percent reduction to the A and B season trawl CV sector halibut PSC limit in the annual
  harvest specifications after the Council recommends and NMFS approves the BSAI trawl limited access sector's
  PSC limit apportionments to fishery categories including the Pacific cod fishery category. In addition, NMFS
  will apply a 35 percent reduction to the A and B season trawl CV sector crab PSC limit. Any amount of the PCTC
  Program halibut or crab PSC limits remaining after the B season may be reapportioned to the trawl CV open
  access fishery in the C season. Because the annual PSC limits for the PCTC Program are not a fixed amount
  established in regulation and, instead, are determined annually through the harvest specification process,
  NMFS must apply the reduction to the A and B season apportionment of the trawl CV sector apportionment to
  implement the overall PSC reductions under the PCTC Program.
\4\ ``Other species'' for PSC monitoring includes skates, sharks, and octopuses.
Note: Species apportionments may not total precisely due to rounding.


     Table 11--Proposed 2025 and 2026 Halibut Prohibited Species Bycatch Allowances for Non-Trawl Fisheries
----------------------------------------------------------------------------------------------------------------
                                           Halibut mortality (mt) BSAI
-----------------------------------------------------------------------------------------------------------------
        Non-trawl fisheries                Seasons         Catcher/processor    Catcher vessel    All non-trawl
----------------------------------------------------------------------------------------------------------------
Pacific cod.......................  Annual Pacific cod..                  648                13              661
                                    January 1-June 10...                  388                 9              n/a
                                    June 10-August 15...                  162                 2              n/a
                                    August 15-December                     98                 2              n/a
                                     31.
Non-Pacific cod non-trawl-Total...  May 1-December 31...                  n/a               n/a               49
Groundfish pot and jig............  n/a.................                  n/a               n/a           Exempt
Sablefish hook-and-line...........  n/a.................                  n/a               n/a           Exempt
                                                         -------------------------------------------------------
    Total for all non-trawl PSC...  n/a.................                  n/a               n/a              710
----------------------------------------------------------------------------------------------------------------


[[Page 96201]]

Halibut Discard Mortality Rates

    To monitor halibut bycatch mortality allowances and apportionments, 
the Regional Administrator uses observed halibut incidental catch 
rates, halibut discard mortality rates (DMRs), and estimates of 
groundfish catch to project when a fishery's halibut bycatch mortality 
allowance or seasonal apportionment is reached. Halibut incidental 
catch rates are based on 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 BSAI stock assessment process. 
The DMR methodology and findings are included as an appendix to the 
annual BSAI groundfish SAFE report (see ADDRESSES).
    In 2016, the DMR estimation methodology underwent revisions per the 
Council's recommendation. A halibut working group (IPHC, Council, and 
NMFS staff) developed improved estimation methods that have undergone 
review by the Plan Team, SSC, and the Council. A summary of the revised 
methodology is included in the BSAI proposed 2017 and 2018 harvest 
specifications (81 FR 87863, December 6, 2016), and the comprehensive 
discussion of the working group's statistical methodology is available 
from the Council (see ADDRESSES). The DMR working group's revised 
methodology is intended to improve estimation accuracy, transparency, 
and transferability used for calculating DMRs. The working group will 
continue to consider improvements to the methodology used to calculate 
halibut mortality, including potential changes to the reference period 
(the period of data used for calculating the DMRs). The methodology 
will continue to ensure that NMFS is using DMRs that more accurately 
reflect halibut mortality, which will inform the different sectors of 
their estimated halibut mortality and allow specific sectors to respond 
with methods that could reduce mortality and, eventually, the DMR for 
that sector.
    At the October 2024 meeting, the SSC, AP, and Council recommended 
halibut DMRs derived from the revised methodology, and NMFS proposes 
DMRs calculated under the revised methodology. Comparing the proposed 
2025 and 2026 DMRs to the final DMRs from the 2024 and 2025 harvest 
specifications, the DMR for pelagic trawl gear remained at 100 percent, 
the DMR for motherships and CPs using non-pelagic trawl gear increased 
1 percent, the DMR for CVs using non-pelagic trawl gear increased 4 
percent, the DMR for CPs using hook-and-line gear increased 2 percent, 
the DMR for CVs using hook-and-line gear increased 2 percent, and the 
DMR for pot gear decreased 5 percent. Table 12 lists the proposed 2025 
and 2026 DMRs.

Table 12--Proposed 2025 and 2026 Pacific Halibut Discard Mortality Rates
                           (DMR) for the BSAI
------------------------------------------------------------------------
                                                         Halibut discard
               Gear                       Sector         mortality rate
                                                            (percent)
------------------------------------------------------------------------
Pelagic trawl....................  All................               100
Non-pelagic trawl................  Mothership and                     86
                                    catcher/processor.
Non-pelagic trawl................  Catcher vessel.....                67
Hook-and-line....................  Catcher vessel.....                 9
Hook-and-line....................  Catcher/processor..                 9
Pot..............................  All................                21
------------------------------------------------------------------------

Listed AFA CP Sideboard Limits

    Pursuant to Sec.  679.64(a), the Regional Administrator is 
responsible for restricting the ability of listed AFA CPs to engage in 
directed fishing for groundfish species other than pollock to protect 
participants in other groundfish fisheries from adverse effects 
resulting from the AFA fishery and from fishery cooperatives in the 
directed pollock fishery. These restrictions are set as sideboard 
limits on catch. On February 8, 2019, NMFS published a final rule (84 
FR 2723) that implemented regulations to prohibit non-exempt AFA CPs 
from directed fishing for all groundfish species or species groups 
subject to sideboard limits (see Sec.  679.20(d)(1)(iv)(D) and table 54 
to 50 CFR part 679). NMFS proposes to exempt AFA CPs from a yellowfin 
sole sideboard limit pursuant to Sec.  679.64(a)(1)(v) because the 
proposed 2025 and 2026 aggregate ITAC of yellowfin sole assigned to the 
Amendment 80 sector and BSAI trawl limited access sector is greater 
than 125,000 mt.
    Section 679.64(a)(2) and tables 40 and 41 to 50 CFR part 679 
establish a formula for calculating PSC sideboard limits for halibut 
and crab caught by listed AFA CPs. The basis for these sideboard limits 
is described in detail in the final rules implementing the major 
provisions of the AFA (67 FR 79692, December 30, 2002) and Amendment 80 
(72 FR 52668, September 14, 2007). PSC species listed in table 13 that 
are caught by listed AFA CPs participating in any groundfish fishery 
other than pollock will accrue against the proposed 2025 and 2026 PSC 
sideboard limits for the listed AFA CPs. Section 679.21(b)(4)(iii), 
(e)(3)(v), and (e)(7) authorize NMFS to close directed fishing for 
groundfish other than pollock for listed AFA CPs once a 2025 or 2026 
PSC sideboard limit listed in table 13 is reached. Pursuant to Sec.  
679.21(b)(1)(ii)(C) and (e)(3)(ii)(C), halibut or crab PSC by listed 
AFA CPs while fishing for pollock will accrue against the PSC 
allowances annually specified for the pollock/Atka mackerel/``other 
species'' fishery categories, according to Sec.  679.21(b)(1)(ii)(B) 
and (e)(3)(iv).

[[Page 96202]]



    Table 13--Proposed 2025 and 2026 BSAI American Fisheries Act Listed Catcher/Processor Prohibited Species
                                                Sideboard Limits
----------------------------------------------------------------------------------------------------------------
                                                                         Proposed 2025 and
                                                                         2026 PSC available   Proposed 2025 and
             PSC species and area \1\                Ratio of PSC  to     to trawl vessels    2026 CP sideboard
                                                        total PSC        after subtraction        limit \2\
                                                                             of PSQ \2\
----------------------------------------------------------------------------------------------------------------
Halibut mortality BSAI...........................                  n/a                  n/a                  286
Red king crab Zone 1.............................                0.007               86,621                  606
C. opilio (COBLZ)................................                0.153           11,475,050            1,755,683
C. bairdi Zone 1.................................                0.140              875,140              122,520
C. bairdi Zone 2.................................                0.050            2,652,210              132,611
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of areas.
\2\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.

AFA CV Sideboard Limits

    The Regional Administrator is responsible for restricting the 
ability of listed AFA CVs to engage in directed fishing for groundfish 
species other than pollock to protect participants in other groundfish 
fisheries from adverse effects resulting from the AFA and from fishery 
cooperatives in the pollock directed fishery. These restrictions are 
set out as sideboard limits on catch. Section 679.64(b)(3) and (b)(4) 
and tables 40 and 41 to 50 CFR part 679 establish formulas for setting 
AFA CV groundfish and halibut and crab PSC sideboard limits for the 
BSAI. The basis for these sideboard limits is described in detail in 
the final rules implementing the major provisions of the AFA (67 FR 
79692, December 30, 2002), Amendment 80 (72 FR 52668, September 14, 
2007), and amendment 122 (88 FR 53704, August 8, 2023). NMFS proposes 
to exempt AFA CVs from a yellowfin sole sideboard limit pursuant to 
Sec.  679.64(b)(6) because the proposed 2025 and 2026 aggregate ITAC of 
yellowfin sole assigned to the Amendment 80 sector and BSAI trawl 
limited access sector is greater than 125,000 mt.
    On February 8, 2019, NMFS published a final rule (84 FR 2723) that 
implemented regulations to prohibit non-exempt AFA CVs from directed 
fishing for a majority of the groundfish species or species groups 
subject to sideboard limits (see Sec.  679.20(d)(1)(iv)(D) and table 55 
to 50 CFR part 679). The only remaining sideboard limit for non-exempt 
AFA CVs is for Pacific cod. Pursuant to amendment 122 to the FMP, the 
Pacific cod sideboard limit is no longer necessary in the A and B 
seasons because directed fishing in the BSAI for Pacific cod by trawl 
CVs is now managed under the PCTC Program, and accordingly the 
sideboard limit is in effect in the C season only (Sec.  
679.64(b)(3)(ii)). Table 14 lists the proposed 2025 and 2026 AFA CV 
Pacific cod sideboard limits.

  Table 14--Proposed 2025 and 2026 BSAI Pacific Cod Sideboard Limits for American Fisheries Act Catcher Vessels
                                                      (CVs)
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                        Ratio of 1997      2025 and 2026     2025 and 2026  AFA
             Fishery by area/gear/season                AFA CV  catch   initial TAC for  C     catcher vessel
                                                            to TAC            Season          sideboard limits
----------------------------------------------------------------------------------------------------------------
BSAI.................................................              n/a                 n/a                   n/a
Trawl gear CV........................................              n/a                 n/a                   n/a
C Season Jun 10-Nov 1................................           0.8609               4,124                 3,550
----------------------------------------------------------------------------------------------------------------
Note: As proposed, Sec.   679.64(b)(6) would exempt AFA CVs from a yellowfin sole sideboard limit because the
  proposed 2025 and 2026 aggregate ITAC of yellowfin sole assigned to the Amendment 80 sector and BSAI trawl
  limited access sector is greater than 125,000 mt.

    Halibut and crab PSC limits listed in table 15 that are caught by 
AFA CVs participating in any groundfish fishery other than pollock will 
accrue against the 2025 and 2026 PSC sideboard limits for the AFA CVs. 
Section 679.21(b)(4)(iii), (e)(3)(v), and (e)(7) authorize NMFS to 
close directed fishing for groundfish other than pollock for AFA CVs 
once a 2025 or 2026 PSC sideboard limit listed in table 15 is reached. 
Pursuant to Sec.  679.21(b)(1)(ii)(C) and (e)(3)(ii)(C), halibut or 
crab PSC by AFA CVs while fishing for pollock will accrue against the 
PSC allowances annually specified for the pollock/Atka mackerel/``other 
species'' fishery categories, according to Sec.  679.21(b)(1)(ii)(B) 
and (e)(3)(iv).

Table 15--Proposed 2025 and 2026 American Fisheries Act Catcher Vessel Prohibited Species Catch Sideboard Limits
                                                for the BSAI \1\
----------------------------------------------------------------------------------------------------------------
                                                                                                  Proposed 2025
                                                       AFA catcher  vessel   Proposed 2025  and    and 2026 AFA
    PSC species and area \1\         Target fishery       PSC  sideboard      2026 PSC  limit     catcher vessel
                                      category \2\         limit ratio       after  subtraction   PSC sideboard
                                                                            of PSQ reserves \3\     limit \3\
----------------------------------------------------------------------------------------------------------------
Halibut.........................  Pacific cod trawl..  n/a................  n/a................              n/a
                                  Pacific cod hook-    n/a................  n/a................                2
                                   and-line or pot.

[[Page 96203]]

 
                                  Yellowfin sole       n/a................  n/a................              101
                                   total.
                                  Rock sole/flathead   n/a................  n/a................              228
                                   sole/Alaska plaice/
                                   other flatfish \4\.
                                  Greenland turbot/    n/a................  n/a................  ...............
                                   arrowtooth
                                   flounder/Kamchatka
                                   flounder/sablefish.
                                  Rockfish...........  n/a................  n/a................                2
                                  Pollock/Atka         n/a................  n/a................                5
                                   mackerel/other
                                   species \5\.
Red king crab Zone 1............  n/a................  0.2990.............  86,621.............           25,900
C. opilio COBLZ.................  n/a................  0.1680.............  11,475,050.........        1,927,808
C. bairdi Zone 1................  n/a................  0.3300.............  875,140............          288,796
C. bairdi Zone 2................  n/a................  0.1860.............  2,652,210..........          493,311
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of areas and zones.
\2\ Target fishery categories are defined at Sec.   679.21(b)(1)(ii)(B) and (e)(3)(iv).
\3\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
\4\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
  species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole,
  and yellowfin sole.
\5\ ``Other species'' for PSC monitoring includes skates, sharks, and octopuses.

Classification

    NMFS is issuing this proposed rule pursuant to section 305(d) of 
the Magnuson-Stevens Act. Through previous actions, the FMP and 
regulations 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 BSAI.
    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 2025 and 2026 harvest specifications to 
address the need to prepare a Supplemental EIS (40 CFR 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 
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 (North American Industry Classification 
System (NAICS) code 11411) is classified as a small business if it is 
independently owned and operated, is not dominant in its field of 
operation (including its affiliates), and has combined annual gross 
receipts not in excess of $11 million for all its affiliated operations 
worldwide. A shoreside and mothership 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 nautical miles of the shore (whether or not they have FFPs). 
In 2023 (the most

[[Page 96204]]

recent year of complete data), there were 119 individual CVs and CPs 
with gross revenues less than or equal to $11 million as well as 6 CDQ 
groups. This represents the potential suite of directly regulated small 
entities. This includes an estimated 116 small CV and 3 small CP 
entities in the BSAI 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 ownership affiliations have not 
been completely established. However, the estimate of these 116 CVs may 
be an overstatement of the number of small entities, as some of these 
vessels may be affiliated with large entities. This latter group of 
vessels had average gross revenues that varied by gear type. Average 
gross revenues for hook-and-line CVs, pot gear CVs, and trawl gear CVs 
are estimated to be $910,000, $1.5 million, and $2.3 million, 
respectively. Average gross revenues for CP entities are confidential. 
There are 3 AFA cooperative affiliated motherships, which appear to 
fall under the 750 worker threshold and are therefore small entities. 
The average gross revenues for the AFA motherships are confidential.

Description of Significant Alternatives That Minimize Adverse Impacts 
on Small Entities

    The action under consideration is comprised of the proposed 2025 
and 2026 harvest specifications, apportionments, and prohibited species 
catch limits for the groundfish fishery of the BSAI. This action is 
necessary to establish harvest limits for groundfish during the 2025 
and 2026 fishing years and is taken in accordance with the FMP prepared 
and recommended by the Council pursuant to the Magnuson-Stevens Act. 
The establishment of the proposed harvest specifications is governed 
each year by the harvest strategy for the catch of groundfish in the 
BSAI. This strategy was selected from among five alternatives, with the 
preferred alternative harvest strategy being one in which the TACs are 
set to levels that fall within the range of ABCs recommended by the SSC 
through the harvest specifications process, and the sum of the TACs 
must achieve the OY specified in the FMP and in regulation. 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 the preferred harvest strategy are those 
recommended by the Council in October 2024. OFLs and ABCs for the 
species were based on recommendations prepared by the Council's Plan 
Team in September 2024 and reviewed by the Council's SSC in October 
2024. The Council based its TAC recommendations on those of its AP, 
which were consistent with the SSC's OFL and ABC recommendations. The 
sum of all TACs remains within the OY for the BSAI consistent with 
Sec.  679.20(a)(1)(i)(A). Because setting all TACs equal to ABCs would 
cause the sum of TACs to exceed an OY of 2 million mt, TACs for some 
species or species groups are lower than the ABCs recommended by the 
Plan Team and the SSC.
    The proposed 2025 and 2026 OFLs and ABCs are based on the best 
available biological information, including projected biomass trends, 
information on assumed distribution of stock biomass, and revised 
technical methods to calculate stock biomass. The proposed 2025 and 
2026 TACs are based on the best available biological and socioeconomic 
information. The proposed 2025 and 2026 OFLs, ABCs, and TACs are 
consistent with the biological condition of groundfish stocks as 
described in the 2023 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 some species and species groups in the BSAI, the Council 
recommended, and NMFS proposes, proposed TACs equal to proposed ABCs, 
which is intended to maximize harvest opportunities in the BSAI.
    However, NMFS cannot set TACs for all species in the BSAI equal to 
their ABCs due to the constraining OY limit of 2 million mt. For this 
reason, some proposed TACs are less than the proposed ABCs. The 
specific reductions were reviewed and recommended by the Council's AP, 
and the Council in turn adopted the AP's TAC recommendations in making 
its own recommendations for the proposed 2025 and 2026 TACs.
    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 BSAI, including small entities. The action proposes TACs for 
commercially-valuable species in the BSAI and allows for the continued 
prosecution of the fishery, thereby creating the opportunity for 
fishery revenue. After public process during which the Council 
solicited input from stakeholders, the Council 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: November 29, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2024-28414 Filed 12-3-24; 8:45 am]
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