# Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2023 Bering Sea and Aleutian Islands Pollock, Atka Mackerel, and Pacific Cod Total Allowable Catch Amounts
**AGENCY:**
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
**ACTION:**
Temporary rule; inseason adjustment; request for comments.
**SUMMARY:**
NMFS is adjusting the 2023 total allowable catch (TAC) amounts for the Bering Sea and Aleutian Islands (BSAI) pollock, Atka mackerel, and Pacific cod fisheries. This action is necessary because NMFS has determined these TACs are incorrectly specified, and will ensure the BSAI pollock, Atka mackerel, and Pacific cod TACs are the appropriate amounts based on the best available scientific information. This action is consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area.
**DATES:**
Effective 0001 hours, Alaska local time (A.l.t.), January 1, 2023, until the effective date of the final 2023 and 2024 harvest specifications for BSAI groundfish, unless otherwise modified or superseded through publication of a notification in the *Federal Register* .
Comments must be received at the following address no later than 4:30 p.m., A.l.t., January 13, 2023.
**ADDRESSES:**
You may submit comments on this document, identified by docket number NOAA-NMFS-2022-0076, by any of the following methods:
*Electronic Submission:* Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to *https://www.regulations.gov* and enter NOAA-NMFS-2022-0076 in the Search box. Click on the “Comment” icon, complete the required fields, and enter or attach your comments.
*Mail:* Submit written comments to Gretchen Harrington, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region NMFS. Mail comments to P.O. Box 21668, Juneau, AK 99802-1668.
*Instructions:* Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on *www.regulations.gov* without change. All personal identifying information ( *e.g.,* name, address, *etc.* ), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous).
**FOR FURTHER INFORMATION CONTACT:**
Krista Milani, 907-581-2062.
**SUPPLEMENTARY INFORMATION:**
NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council (Council) under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679.
The final 2022 and 2023 harvest specifications for groundfish in the BSAI (87 FR 11626, March 2, 2022) set the 2023 Aleutian Islands (AI) pollock TAC at 19,000 metric tons (mt), the 2023 Bering Sea (BS) pollock TAC at 1,289,000 mt, the 2023 BSAI Atka mackerel TAC at 60,958 mt, the 2023 BS Pacific cod TAC at 133,459 mt, and the 2023 AI Pacific cod TAC at 13,796 mt. In December 2022, the Council recommended a 2023 BS pollock TAC of 1,300,000 mt, which is more than the 1,289,000 mt TAC established by the final 2022 and 2023 harvest specifications for groundfish in the BSAI. The Council also recommended a 2023 BSAI Atka mackerel TAC of 69,282 mt, which is more than the 60,958 mt TAC established by the final 2022 and 2023 harvest specifications for groundfish in the BSAI. Furthermore, the Council recommended a 2023 BS Pacific cod TAC of 127,409 mt, and an AI Pacific cod TAC of 8,425 mt, which is less than the BS Pacific cod TAC of 133,459 mt, and less than the AI Pacific cod TAC of 13,796 mt established by the final 2022 and 2023 harvest specifications for groundfish in the BSAI. The Council's recommended 2023 TACs, and the area and seasonal apportionments, are based on the Stock Assessment and Fishery Evaluation report (SAFE), dated November 2022, which NMFS has determined is the best available scientific information for these fisheries.
Steller sea lions occur in the same location as the pollock, Atka mackerel, and Pacific cod fisheries and are listed as endangered under the Endangered Species Act (ESA). Pollock, Atka mackerel, and Pacific cod are a principal prey species for Steller sea lions in the BSAI. The seasonal apportionment of pollock, Atka mackerel, and Pacific cod harvest is necessary to ensure the groundfish fisheries are not likely to cause jeopardy of extinction or adverse modification of critical habitat for Steller sea lions. NMFS published regulations and the revised harvest limit amounts for pollock, Atka mackerel, and Pacific cod fisheries to implement Steller sea lion protection measures to insure that groundfish fisheries of the BSAI are not likely to jeopardize the continued existence of the western distinct population segment of Steller sea lions or destroy or adversely modify their designated critical habitat (79 FR 70286, November 25, 2014).
In accordance with § 679.25(a)(1)(iii), (a)(2)(i)(B), and (a)(2)(iv), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that, based on the November 2022 SAFE report for this fishery, the current BSAI pollock, Atka mackerel, and Pacific cod TACs are incorrectly specified. Pursuant to § 679.25(a)(1)(iii), the Regional Administrator is adjusting the 2023 BS pollock TAC to 1,300,000 mt, the 2023 BSAI Atka mackerel TAC to 69,282 mt, the 2023 BS Pacific cod TAC to 127,409 mt, and the 2023 AI Pacific cod TAC to 8,425 mt. Therefore, Table 2 of the final 2022 and 2023 harvest specifications for groundfish in the BSAI (87 FR 11626, March 2, 2022) is revised consistent with this adjustment.
Pursuant to § 679.20(a)(5)(i) and (iii), Table 5 of the final 2022 and 2023 harvest specifications for groundfish in the BSAI (87 FR 11626, March 2, 2022) is revised for the 2023 BS and AI allocations of pollock TAC to the directed pollock fisheries and to the Community Development Quota (CDQ) directed fishing allowances consistent with this adjustment.
| Area and sector | 2023 | 2023 A season | A season DFA | SCA harvest limit | 2023 | B season DFA |
| --- | --- | --- | --- | --- | --- | --- |
| Bering Sea subarea TAC | 1,300,000 | n/a | n/a | n/a | | |
| CDQ DFA | 130,000 | 58,500 | 36,400 | 71,500 | | |
| ICA | 50,000 | n/a | n/a | n/a | | |
| Total Bering Sea non-CDQ DFA | 1,120,000 | 504,000 | 313,600 | 616,000 | | |
| AFA Inshore | 560,000 | 252,000 | 156,800 | 308,000 | | |
| AFA Catcher/Processors | 448,000 | 201,600 | 125,440 | 246,400 | | |
| Catch by CPs | 409,920 | 184,464 | n/a | 225,456 | | |
| Catch by CVs | 38,080 | 17,136 | n/a | 20,944 | | |
| Unlisted CP Limit | 2,240 | 1,008 | n/a | 1,232 | | |
| AFA Motherships | 112,000 | 50,400 | 31,360 | 61,600 | | |
| Excessive Harvesting Limit | 196,000 | n/a | n/a | n/a | | |
| Excessive Processing Limit | 336,000 | n/a | n/a | n/a | | |
| Aleutian Islands subarea ABC | 43,413 | n/a | n/a | n/a | | |
| Aleutian Islands subarea TAC | 19,000 | n/a | n/a | n/a | | |
| CDQ DFA | 1,900 | 1,856 | n/a | 44 | | |
| ICA | 2,500 | 1,250 | n/a | 1,250 | | |
| Aleut Corporation | 14,600 | 14,260 | n/a | 340 | | |
| Area harvest limit | n/a | n/a | n/a | n/a | | |
| 541 | 13,024 | n/a | n/a | n/a | | |
| 542 | 6,512 | n/a | n/a | n/a | | |
| 543 | 2,171 | n/a | n/a | n/a | | |
| Bogoslof District ICA | 300 | n/a | n/a | n/a | | |
Pursuant to § 679.20(a)(8), Table 7 of the final 2022 and 2023 harvest specifications for groundfish in the BSAI (87 FR 11626, March 2, 2022) is revised for the 2023 seasonal and spatial allowances, gear shares, CDQ reserve, incidental catch allowance, jig, BSAI trawl limited access, and Amendment 80 allocations of the BSAI Atka mackerel TAC consistent with this adjustment.
| Sector | Season | 2023 allocation by area | Eastern | Central | Western |
| --- | --- | --- | --- | --- | --- |
| TAC | n/a | 27,260 | 17,351 | 24,671 | |
| CDQ reserve | Total | 2,917 | 1,857 | 2,640 | |
| | A | 1,458 | 928 | 1,320 | |
| | Critical Habitat | n/a | 557 | 792 | |
| | B | 1,458 | 928 | 1,320 | |
| | Critical Habitat | n/a | 557 | 792 | |
| Non-CDQ TAC | n/a | 24,343 | 15,494 | 22,031 | |
| ICA | Total | 800 | 75 | 20 | |
| Jig | Total | 118 | | | |
| BSAI trawl limited access | Total | 2,343 | 1,542 | | |
| | A | 1,171 | 771 | | |
| | Critical Habitat | n/a | 463 | | |
| | B | 1,171 | 771 | | |
| | Critical Habitat | n/a | 463 | | |
| Amendment 80 sector | Total | 21,083 | 13,877 | 22,011 | |
| | A | 10,541 | 6,939 | 11,006 | |
| | Critical Habitat | n/a | 4,163 | 6,603 | |
| | B | 10,541 | 6,939 | 11,006 | |
| | Critical Habitat | n/a | 4,163 | 6,603 | |
Pursuant to § 679.20(a)(7), Table 9 of the final 2022 and 2023 harvest specifications for groundfish in the BSAI (87 FR 11626, March 2, 2022) is revised for the 2023 gear shares and seasonal allowances of the BSAI Pacific cod TAC consistent with this adjustment.
| Sector | Percent | 2023 share of total | 2023 share of sector total | 2023 seasonal apportionment | Season | Amount |
| --- | --- | --- | --- | --- | --- | --- |
| BS TAC | n/a | 127,409 | n/a | n/a | n/a | |
| BS CDQ | n/a | 13,633 | n/a | see § 679.20(a)(7)(i)(B) | n/a | |
| BS non-CDQ TAC | n/a | 113,776 | n/a | n/a | n/a | |
| AI TAC | n/a | 8,425 | n/a | n/a | n/a | |
| AI CDQ | n/a | 901 | n/a | see § 679.20(a)(7)(i)(B) | n/a | |
| AI non-CDQ TAC | n/a | 7,524 | n/a | n/a | n/a | |
| Western Aleutian Island Limit | n/a | 2,233 | n/a | n/a | n/a | |
| Total BSAI non-CDQ TAC | 100 | 121,300 | n/a | n/a | n/a | |
| Total hook-and-line/pot gear | 60.8 | 73,750 | n/a | n/a | n/a | |
| Hook-and-line/pot ICA | n/a | 400 | n/a | see § 679.20(a)(7)(ii)(B) | n/a | |
| Hook-and-line/pot sub-total | n/a | 73,350 | n/a | n/a | n/a | |
| Hook-and-line catcher/processor | 48.7 | n/a | 58,753 | Jan 1-Jun 10 | 29,964 | |
| Hook-and-line catcher vessel ≤60 ft LOA | 0.2 | n/a | 241 | Jan 1-Jun 10 | 123 | |
| Pot catcher/processor | 1.5 | n/a | 1,810 | Jan 1-Jun 10 | 923 | |
| Pot catcher vessel ≤60 ft LOA | 8.4 | n/a | 10,134 | Jan 1-Jun 10 | 5,168 | |
| Catcher vessel <60 ft LOA using hook-and-line or pot gear | 2.0 | n/a | 2,413 | n/a | n/a | |
| Trawl catcher vessel | 22.1 | 26,807 | n/a | Jan 20-Apr 1 | 19,837 | |
| AFA trawl catcher/processor | 2.3 | 2,790 | n/a | Jan 20-Apr 1 | 2,092 | |
| Amendment 80 | 13.4 | 16,254 | n/a | Jan 20-Apr 1 | 12,191 | |
| Jig | 1.4 | 1,698 | n/a | Jan 1-Apr 30 | 1,019 | |
**Classification**
NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR part 679, which was issued pursuant to section 304(b), and is exempt from review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and an opportunity for public comment on this action, as notice and comment would be impracticable and contrary to the public interest, as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion, and would allow for harvests that exceed the appropriate allocations for pollock, Atka mackerel, and Pacific cod in the BSAI based on the best scientific information available. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of December 21, 2022.
Without this inseason adjustment, NMFS could not allow the fishery for pollock, Atka mackerel, and Pacific cod in the BSAI to be harvested in an expedient manner and in accordance with the regulatory schedule. Under § 679.25(c)(2), interested persons are invited to submit written comments on this action to the above address until January 13, 2023.
**Authority:**
16 U.S.C. 1801 *et seq.*
Dated: December 23, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.