Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2025 Bering Sea and Aleutian Islands Pollock, Atka Mackerel, and Pacific Cod Total Allowable Catch Amounts

<RULE> DEPARTMENT OF COMMERCE <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY> <CFR>50 CFR Part 679</CFR> <DEPDOC>[Docket No. 240304-0068; RTID 0648-XE549]</DEPDOC> <SUBJECT>Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2025 Bering Sea and Aleutian Islands Pollock, Atka Mackerel, and Pacific Cod Total Allowable Catch Amounts</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. <HD SOURCE="HED">ACTION:</HD> Temporary rule; inseason adjustment; request for comments. <SUM> <HD SOURCE="HED">SUMMARY:</HD> NMFS is adjusting the 2025 total allowable catch (TAC) amounts for the Bering Sea and Aleutian Islands (BSAI) pollock, Atka mackerel, and Pacific cod fisheries. This action is necessary because NMFS has determined these TACs are incorrectly specified, and will ensure the BSAI pollock, Atka mackerel, and Pacific cod TACs are the appropriate amounts based on the best scientific information available. This action is consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the BSAI (FMP). </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> Effective 0001 hours, Alaska local time (A.l.t.), January 1, 2025, until the effective date of the final 2025 and 2026 harvest specifications for BSAI groundfish, unless otherwise modified or superseded through publication of a notification in the <E T="04">Federal Register</E> . Comments must be received at the following address no later than 4:30 p.m., A.l.t., January 13, 2025. </DATES> <HD SOURCE="HED">ADDRESSES:</HD> You may submit comments on this document, identified by NOAA-NMFS-2023-0124, by any of the following methods: • <E T="03">Electronic Submission:</E> Submit all electronic public comments via the Federal e-Rulemaking Portal. Visit <E T="03">https://www.regulations.gov</E> and type NOAA-NMFS-2023-0124 in the Search box. Click on the “Comment” icon, complete the required fields, and enter or attach your comments. • <E T="03">Mail:</E> 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. • <E T="03">Fax:</E> (907) 586-7465; Attn: Gretchen Harrington. <E T="03">Instructions:</E> 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 <E T="03">https://www.regulations.gov</E> without change. All personal identifying information ( <E T="03">e.g.,</E> name, address, <E T="03">etc.</E> ), 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). <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Steve Whitney, 907-586-7228. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the FMP prepared by the North Pacific Fishery Management Council (Council) under authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of both 50 CFR part 600 and 50 CFR part 679. The final 2024 and 2025 harvest specifications for groundfish in the BSAI (89 FR 17287, March 11, 2024) set the 2025 Bering Sea (BS) pollock TAC at 1,325,000 metric tons (mt), the 2025 BSAI Atka mackerel TAC at 66,165 mt, the 2025 BS Pacific cod TAC at 132,726 mt, and the 2024 Aleutian Islands (AI) Pacific cod TAC at 8,080 mt. In December 2024, the Council recommended a 2025 BS pollock TAC of 1,375,000 mt, which is more than the 1,325,000 mt TAC established by the final 2024 and 2025 harvest specifications for groundfish in the BSAI. The Council also recommended a 2025 BSAI Atka mackerel TAC of 82,000 mt, which is more than the 66,165 mt TAC established by the final 2024 and 2025 harvest specifications for groundfish in the BSAI. Furthermore, the Council recommended a 2025 BS Pacific cod TAC of 133,602 mt, and an AI Pacific cod TAC of 8,694 mt, which is more than the BS Pacific cod TAC of 132,726 mt, and more than the AI Pacific cod TAC of 8,080 mt established by the final 2024 and 2025 harvest specifications for groundfish in the BSAI. The Council's recommended 2025 TACs, and the area and seasonal apportionments, are based on the Stock Assessment and Fishery Evaluation report (SAFE), dated November 2024, which NMFS has determined is the best scientific information available for these fisheries. Steller sea lions occur in the same location as the pollock, Atka mackerel, and Pacific cod fisheries and are listed as endangered under the Endangered Species Act. 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 2024 SAFE report for these fisheries, 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 2025 BS pollock TAC to 1,375,000 mt, the 2025 BSAI Atka mackerel TAC to 82,000 mt, the 2025 BS Pacific cod TAC to 133,602 mt, and the 2025 AI Pacific cod TAC to 8,694 mt. Therefore, table 2 of the final 2024 and 2025 harvest specifications for groundfish in the BSAI (89 FR 17287, March 11, 2024) is revised consistent with this adjustment. Pursuant to § 679.20(a)(5)(i) and (iii), table 5 of the final 2024 and 2025 harvest specifications for groundfish in the BSAI (89 FR 17287, March 11, 2024) is revised for the 2025 BS and AI allocations of pollock TAC to the directed pollock fisheries, the Community Development Quota (CDQ) directed fishing allowances (DFA), and the incidental catch allowance (ICA) consistent with this adjustment. <GPOTABLE COLS="5" OPTS="L2,nj,i1" CDEF="s100,13,10,12,10"> <TTITLE> Table 5—Final 2025 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ Directed Fishing Allowances  <SU>1</SU> </TTITLE> [Amounts are in metric tons] <CHED H="1">Area and sector</CHED> Seasonal or sector apportionments may not total precisely due to rounding. </TNOTE> <TNOTE> <SU>1</SU>  Pursuant to § 679.20(a)(5)(i)(A), the BS 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, catcher/processor sector (CP)—40 percent, and mothership sector—10 percent. In the BS 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). When the AI pollock ABC equals or exceeds 19,000 mt, the annual TAC is equal to 19,000 mt (§ 679.20(a)(5)(iii)(B)(1)). Pursuant to § 679.20(a)(5)(iii)(B)(2), the AI 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 pollock directed fishery. In the AI subarea, the A season is allocated no more than 40 percent of the AI pollock ABC. </TNOTE> <TNOTE> <SU>2</SU>  In the BS subarea, pursuant to § 679.20(a)(5)(i)(C), no more than 28 percent of each sector's annual DFA may be taken from the SCA before noon, April 1. The SCA is defined at § 679.22(a)(7)(vii). </TNOTE> <TNOTE> <SU>3</SU>  Pursuant to § 679.20(a)(5)(i)(A)( <E T="03">4</E> ), 8.5 percent of the allocation to listed CPs shall be available for harvest only by eligible catcher vessels with a CP endorsement delivering to listed CPs, unless there is a CP sector cooperative contract for the year. </TNOTE> <TNOTE> <SU>4</SU>  Pursuant to § 679.20(a)(5)(i)(A)( <E T="03">4</E> )( <E T="03">iii</E> ), the AFA unlisted CPs are limited to harvesting not more than 0.5 percent of the CP sector's allocation of pollock. </TNOTE> <TNOTE> <SU>5</SU>  Pursuant to § 679.20(a)(5)(i)(A)( <E T="03">6</E> ), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ pollock DFAs. </TNOTE> <TNOTE> <SU>6</SU>  Pursuant to § 679.20(a)(5)(i)(A)( <E T="03">7</E> ), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ pollock DFAs. </TNOTE> <TNOTE> <SU>7</SU>  Pursuant to § 679.20(a)(5)(iii)(B)( <E T="03">6</E> ), NMFS establishes harvest limits for pollock in the A season in Area 541 of no more than 30 percent, in Area 542 of no more than 15 percent, and in Area 543 of no more than 5 percent of the AI pollock ABC. </TNOTE> <TNOTE> <SU>8</SU>  Pursuant to § 679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. 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