[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Proposed Rules]
[Pages 76352-76372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30686]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 101126522-0522-02 ]
RIN 0648-XZ89
Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of
Alaska; Proposed 2011 and 2012 Harvest Specifications for Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes 2011 and 2012 harvest specifications,
apportionments, and Pacific halibut prohibited species catch limits for
the groundfish fishery of the Gulf of Alaska (GOA). This action is
necessary to establish harvest limits for groundfish during the 2011
and 2012 fishing years and to accomplish the goals and objectives of
the Fishery Management Plan for Groundfish of the Gulf of
[[Page 76353]]
Alaska. The intended effect of this action is to conserve and manage
the groundfish resources in the GOA in accordance with the Magnuson-
Stevens Fishery Conservation and Management Act.
DATES: Comments must be received by January 7, 2011.
ADDRESSES: Send comment to Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
Attn: Ellen Sebastian. You may submit comments, identified by RIN 0648-
XZ89, by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal at http://www.regulations.gov.
Mail: P.O. Box 21668, Juneau, AK 99802.
Fax: (907) 586-7557.
Hand delivery to the Federal Building: 709 West 9th
Street, Room 420A, Juneau, AK.
All comments received are a part of the public record. No comments
will be posted to http://www.regulations.gov for public viewing until
after the comment period has closed. Comment will generally be posted
without change. All Personal Identifying Information (for example,
name, address) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information.
NMFS will accept anonymous comments (enter N/A in the required
fields, if you wish to remain anonymous). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only.
Electronic copies of the Alaska Groundfish Harvest Specifications
Final Environmental Impact Statement (Final EIS), the Initial
Regulatory Flexibility Analysis (IRFA), and the Supplemental IRFA
prepared for this action may be obtained from http://www.regulations.gov or from the Alaska Region Web site at http://alaskafisheries.noaa.gov. Copies of the final 2009 Stock Assessment and
Fishery Evaluation (SAFE) report for the groundfish resources of the
GOA, dated November 2009, are available from the North Pacific Fishery
Management Council (Council) at 605 West 4th Avenue, Suite 306,
Anchorage, AK 99510-2252, phone 907-271-2809, or from the Council's Web
site at http://alaskafisheries.noaa.gov/npfmc. The draft 2010 SAFE
report for the GOA will be available from the same sources in November
2010.
FOR FURTHER INFORMATION CONTACT: Tom Pearson, 907-481-1780, or Obren
Davis, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the GOA groundfish fisheries in
the exclusive economic zone (EEZ) of the GOA under the Fishery
Management Plan for Groundfish of the Gulf of Alaska (FMP). The Council
prepared the FMP under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801,
et seq. Regulations governing U.S. fisheries and implementing the FMP
appear at 50 CFR parts 600, 679, and 680.
These proposed specifications are based in large part on the 2009
SAFE report (see ADDRESSES). In December 2010, the Council will
consider the draft 2010 SAFE report to develop its recommendations for
the final 2011 and 2012 acceptable biological catch (ABC) amounts and
total allowable catch (TAC) limits. In addition to the proposed
specifications, this proposed rule identifies anticipated changes to
the proposed specifications that might result from the Council's review
of the 2010 SAFE report for public review.
The FMP and its implementing regulations require NMFS, after
consultation with the Council, to specify the TACs for each target
species, the sum of which must be within the optimum yield (OY) range
of 116,000 to 800,000 metric tons (mt). Section 679.20(c)(1) further
requires NMFS to publish and solicit public comment on proposed annual
TACs, halibut prohibited species catch (PSC) amounts, and seasonal
allowances of pollock and inshore/offshore Pacific cod. The proposed
specifications in Tables 1 through 18 of this document satisfy these
requirements. For 2011 and 2012, the sum of the proposed TAC amounts is
330,746 mt. Under Sec. 679.20(c)(3), NMFS will publish the final 2011
and 2012 specifications after (1) considering comments received within
the comment period (see DATES), (2) consulting with the Council at its
December 2010 meeting, and (3) considering information presented in the
Final EIS (see ADDRESSES) and the final 2010 SAFE report prepared for
the 2011 and 2012 groundfish fisheries.
Other Actions Potentially Affecting the 2011 and 2012 Harvest
Specifications
NMFS published a final rule to implement Amendment 87 to the FMP on
October 6, 2010 (75 FR 61639), effective November 5, 2010. Amendment 87
moves sharks, sculpins, squids, and octopuses from the ``other
species'' category to the ``target species'' category in the GOA and
eliminates the ``other species'' category in the GOA FMP. Amendment 87
revises the FMP to meet the National Standard 1 guidelines for annual
catch limits and accountability measures and requires that overfishing
levels (OFLs), ABCs, and TACs be established for sharks, sculpins,
squids, and octopuses as part of the annual groundfish harvest
specifications process. Based on the 2009 SAFE report, NMFS proposes
ABCs, TACs, and OFLs for sharks, sculpins, octopuses, and squids listed
in Table 1.
Implementation of Amendment 87 to the FMP was necessary to comply
with Magnuson-Stevens Act requirements associated with annual catch
limits and accountability measures and will result in revisions to how
total annual groundfish mortality is estimated and accounted for in the
annual SAFE reports. These revisions may affect the OFLs and ABCs for
certain groundfish species. Specifically, NMFS will attempt to identify
additional sources of mortality to groundfish stocks not currently
reported or considered by the groundfish stock assessments in
recommending OFLs, ABCs, and TACs for certain groundfish species. These
additional sources of mortality result from recreational fishing,
subsistence fishing, trawl and hook-and-line surveys, exempted fishing
permits, research, commercial halibut fisheries, crab bait, sablefish
catch predation by whales, or other sources of mortality not yet
identified. Many of the sources of this mortality have been identified,
some of which are currently unreported due to the absence of formal
reporting protocols.
NMFS intends to develop a single database that stock assessment
authors can access through a single source such as the Alaska Fisheries
Information Network. The development of this data base will require the
cooperation of several agencies including NMFS, the Alaska Department
of Fish and Game, and the International Pacific Halibut Commission
(IPHC). At its October 2010 meeting, the Council's groundfish Plan
Teams recommended the formation of a total catch accounting working
group to assist NMFS in developing a methodology to estimate total
catch of groundfish. While much of the information is currently
available and will be incorporated into the final 2010 SAFE report, the
development of an adequate methodology is ongoing and not fully ready
for use in the final SAFE report. NMFS intends to have this
[[Page 76354]]
information fully available for the 2011 assessment cycle.
In conjunction with the implementation of Amendment 87, during its
October 2010 meeting, the Council made additional recommendations with
respect to the management of octopuses. The Council, in response to the
fishing industry's concerns that new requirements for ACLs for
octopuses may constrain commercial fisheries, initiated an analysis for
amendments to the FMP that would consider moving octopuses into the
ecosystem category or create octopus discard mortality rates. Initial
review and final action are scheduled tentatively for April and June
2011, respectively. The intent is for the amendments to be implemented
for the 2012 fisheries.
The Council, at its December 2009 meeting, took final action to
recommend a Pacific cod sector split in the Western and Central GOA. If
approved by the Secretary of Commerce, the Pacific cod TAC would be
allocated in the Western GOA among trawl catcher/processors (C/Ps),
trawl catcher vessels (CVs), hook-and-line C/Ps, hook-and-line CVs,
combined CP and CV pot vessels, and jig vessels; and in the Central GOA
among trawl C/Ps, trawl catcher vessels (CVs), hook-and-line C/Ps,
hook-and-line CVs less than 50 feet length overall, hook-and-line CVs
equal to or greater than 50 feet length overall, combined C/P and CV
pot vessels, and jig vessels. Sector allocations may provide stability
to long-term participants in the fishery by reducing competition among
sectors for access to the GOA Pacific cod resource. NMFS intends to
publish proposed and final rulemaking for this action during 2011. If
these sector allocations are approved and implemented for the 2012
Pacific cod fishery in the Western and Central GOA, the allocations of
the Pacific cod TAC between the inshore and offshore components in the
Western and Central GOA would be discontinued and replaced by
allocations to each sector noted above.
Proposed ABC and TAC Specifications
The amounts proposed for the 2011 and 2012 harvest specifications
are based on the 2009 SAFE report. The proposed ABCs and TACs could be
changed in the final harvest specifications depending on the most
recent scientific information contained in the final 2010 SAFE report.
The SAFE report contains a review of the latest scientific analyses and
estimates of each species' biomass and other biological parameters, as
well as summaries of the available information on the GOA ecosystem and
the economic condition of the groundfish fisheries off Alaska. From
these data and analyses, the GOA Groundfish Plan Team (Plan Team)
estimates an ABC for each species category.
At the October 2010 Council meeting, the Council, the Scientific
and Statistical Committee (SSC), and the Advisory Panel (AP) reviewed
most recent biological and harvest information about the condition of
groundfish stocks in the GOA. This information was initially compiled
by the Plan Team and presented in the final 2009 SAFE report for the
GOA groundfish fisheries, dated November 2009 (see ADDRESSES). In
November 2010, the Plan Team will update the 2009 SAFE report to
include new information collected during 2010, such as revised stock
assessments and catch data. The Plan Team will compile this information
and produce the draft 2010 SAFE report in time for the Council to
review it during the December 2010 Council meeting. Upon completing its
review, the Council will formally approve the draft 2010 SAFE report.
Once this approval occurs, the draft 2010 SAFE report will be
considered final. The Council also will consider information contained
in the draft 2010 SAFE report, the recommendations made by the Plan
Team during its November 2010 meeting, information from the December
2010 SSC and AP meetings, public testimony, and relevant written public
comments in making its recommendations for the final 2011 and 2012
harvest specifications.
In previous years the largest changes from the proposed to the
final harvest specifications have been based on the most recent NMFS
stock surveys, which provide updated estimates of stock biomass and
spatial distribution, and changes to the models used for making stock
assessments. NMFS scientists presented updated and new survey results,
changes to assessment models, and accompanying stock estimates at the
September Plan Team meeting, and the SSC reviewed this information at
the October 2010 Council meeting. In November 2010, the Plan Team
considered updated stock assessments for pollock, Pacific cod,
sablefish, sharks, squids, sculpins, and octopuses which were included
in the draft 2010 SAFE report. For the other groundfish stocks without
recent surveys or other new scientific information, NMFS will update
the assessments to include any other available, recent information,
such as 2010 catch. Thus, NMFS does not expect the final harvest
specification amounts for the latter group of stocks (i.e., those
without recent surveys) to vary greatly from the proposed specification
amounts published here.
If the draft 2010 SAFE report indicates that the stock biomass
trend is increasing for a species, then the final 2011 and 2012 harvest
specifications for that species may reflect an increase from the
proposed harvest specifications. The draft 2010 SAFE reports indicate
that the biomass trend for pollock, Pacific cod, Rex sole, arrowtooth
flounder, northern rockfish, and demersal shelf rockfish may be
increasing. Conversely, if the draft 2010 SAFE report indicates that
the stock biomass trend is decreasing for a species, then the final
2011 and 2012 harvest specifications may reflect a decrease from the
proposed harvest specifications. The draft 2010 SAFE reports indicate
that the biomass trend for flathead sole, pelagic shelf rockfish, and
sharks may be decreasing. Notwithstanding the apparent decrease in the
shark biomass, the Plan Team will be recommending an alternative method
for calculating shark OFL to the SSC at the December 2010 Council
meeting. If the SSC concurs with this method, the final harvest
specifications may reflect an increasing OFL, ABC, and TAC for sharks.
The biomass trends for species otherwise not listed above are
relatively level and stable. However, with respect to octopuses, the
Plan Team also will recommend an alternative method to calculate the
octopus OFL to the SSC at the December 2010 Council meeting. This
method varies from the default method of using Tier 6 methodology as
specified in the FMP. The new method would incorporate octopus biomass
estimates from recent GOA groundfish trawl surveys, in combination with
historical catch data, to calculate the OFL for octopuses. If accepted
by the SSC, this change could result in an increasing OFL, ABC, and TAC
for octopuses.
The proposed ABCs and TACs are based on the best available
biological and socioeconomic data, including projected biomass trends,
information on assumed distribution of stock biomass, and revised
methods used to calculate stock biomass. The FMP specifies the
formulas, or tiers, to be used to compute ABCs and OFLs. Fisheries
scientists determine formulas applicable to a particular stock or stock
complex based on the level of available, reliable information. This
information is categorized in the FMP into a successive series of six
tiers to define OFL and ABC amounts, with tier one representing the
highest level of information quality available and tier six
representing the
[[Page 76355]]
lowest level of information quality available.
The SSC adopted the proposed 2011 and 2012 OFLs and ABCs
recommended by the Plan Team for all groundfish species. The Council
adopted the SSC's OFL and ABC recommendations and the AP's TAC
recommendations. These amounts are unchanged from the final 2011
harvest specifications published in the Federal Register on March 12,
2010 (75 FR 11749) . The exceptions to this are the establishment of
individual ABC and TAC amounts for sculpins, sharks, squid, and
octopuses per the adoption of Amendment 87 to the FMP, as previously
described. For 2011 and 2012, the Council recommended and NMFS proposes
the OFLs, ABCs, and TACs listed in Table 1. The proposed ABCs reflect
harvest amounts that are less than the specified overfishing amounts.
The sum of the proposed 2011 and 2012 ABCs for all assessed groundfish
is 605,086 mt, which is higher than the final 2010 ABC total of 565,499
mt (75 FR 11749, March 12, 2010).
Specification and Apportionment of TAC Amounts
The Council recommended proposed TACs for 2011 and 2012 that are
equal to proposed ABCs for pollock, deep-water flatfish, rex sole,
sablefish, Pacific ocean perch, shortraker rockfish, rougheye rockfish,
northern rockfish, pelagic shelf rockfish, thornyhead rockfish,
demersal shelf rockfish, skates, sharks, sculpins, squids, and
octopuses. The Council recommended other proposed TACs for 2011 and
2012 that are less than the proposed ABCs for certain species: Pacific
cod, flathead sole, shallow-water flatfish, arrowtooth flounder, and
other rockfish. The Pacific cod TACs are set to accommodate the State
of Alaska's (State) GHLs for Pacific cod so that the ABC is not
exceeded. The flathead sole, shallow-water flatfish, and arrowtooth
flounder TACs are set to conserve the halibut PSC limit for use in
other fisheries. The other rockfish TACs are set to reduce the amount
of discards in the Southeast Outside (SEO) District. The Atka mackerel
TAC is set to accommodate incidental catch amounts.
The ABC for the pollock stock in the combined Western, Central, and
West Yakutat Regulatory Areas (W/C/WYK) has been adjusted to reflect
the Guideline Harvest Level (GHL) established by the State for the
Prince William Sound (PWS) pollock fishery since its inception in 1995.
Genetic studies revealed that the pollock in PWS was not a separate
stock from the combined W/C/WYK population. Accordingly, the Council
recommended decreasing the W/C/WYK pollock ABC to account for the
State's PWS GHL. For 2011, the PWS GHL for pollock is 1,650 mt.
The apportionment of annual pollock TAC among the Western and
Central Regulatory Areas of the GOA reflects the seasonal biomass
distribution and is discussed in greater detail below. The annual
pollock TAC in the Western and Central Regulatory Areas of the GOA is
apportioned among Statistical Areas 610, 620, and 630, and divided
equally among each of the following four seasons: The A season (January
20 through March 10), the B season (March 10 through May 31), the C
season (August 25 through October 1), and the D season (October 1
through November 1) (50 CFR 679.23(d)(2)(i) through (iv), and
679.20(a)(5)(iv)(A), (B)).
As in 2010, the SSC and Council recommended that the method of
apportioning the sablefish ABC among management areas in 2011 and 2012
include commercial fishery and survey data. NMFS stock assessment
scientists believe that unbiased commercial fishery catch-per-unit-
effort data are useful for stock distribution assessments. NMFS
evaluates annually the use of commercial fishery data to ensure that
unbiased information is included in stock distribution models. The
Council's recommendation for sablefish area apportionments also takes
into account the prohibition on the use of trawl gear in the SEO
District of the Eastern Regulatory Area and makes available five
percent of the combined Eastern Regulatory Area TACs to trawl gear for
use as incidental catch in other directed groundfish fisheries in the
WYK District (Sec. 679.20(a)(4)(i)).
The AP, SSC, and Council recommended apportionment of the ABC for
Pacific cod in the GOA among regulatory areas based on the three most
recent NMFS summer trawl surveys. The proposed 2011 and 2012 Pacific
cod TACs are affected by the State's fishery for Pacific cod in State
waters in the Western and Central Regulatory Areas, as well as in PWS.
The Plan Team, SSC, AP, and Council recommended that the sum of all
State and Federal water Pacific cod removals from the GOA not exceed
ABC recommendations. Accordingly, the Council recommended reducing the
proposed 2011 and 2012 Pacific cod TACs in the proposed ABCs for the
Eastern, Central, and Western Regulatory Areas to account for State
GHLs. Therefore, the proposed 2011 and 2012 Pacific cod TACs are less
than the proposed ABCs by the following amounts: (1) Eastern GOA, 734
mt; (2) Central GOA, 15,174 mt; and (3) Western GOA, 8,566 mt. These
amounts reflect the sum of the State's 2011 and 2012 guideline harvest
levels in these areas, which are 25 percent of the Eastern, Central,
and Western GOA proposed ABCs. In 2011, the State waters Pacific cod
GHL in PWS was increased from 15 to 25 percent of the Eastern GOA
Pacific cod ABC, per the recommendations of State of Alaska Department
of Fish and Game fisheries managers. Thus, the corresponding 2011 and
2012 Eastern GOA Pacific cod TAC may decrease in final harvest
specifications to accommodate the increased State GHL in that area.
NMFS also is proposing seasonal apportionments of the annual
Pacific cod TACs in the Western and Central Regulatory Areas. Sixty
percent of the annual TAC is apportioned to the A season for hook-and-
line, pot, or jig gear from January 1 through June 10, and for trawl
gear from January 20 through June 10. Forty percent of the annual TAC
is apportioned to the B season for hook-and-line, pot, or jig gear from
September 1 through December 31, and for trawl gear from September 1
through November 1 (Sec. Sec. 679.23(d)(3) and 679.20(a)(12)).
As in 2010, NMFS proposes to establish for 2011 and 2012 an A
season directed fishing allowance (DFA) for the Pacific cod fisheries
in the GOA based on the management area TACs minus the recent average A
season incidental catch of Pacific cod in each management area before
June 10 (Sec. 679.20(d)(1)). The DFA and incidental catch before June
10 will be managed such that total catch in the A season will be no
more than 60 percent of the annual TAC. Incidental catch taken after
June 10 will continue to accrue against the B season TAC. This action
meets the intent of the Steller sea lion protection measures by
achieving temporal dispersion of the Pacific cod removals and reducing
the likelihood of catch exceeding 60 percent of the annual TAC in the A
season.
The sum of the proposed TACs for all GOA groundfish is 330,746 mt
for 2011 and 2012, which is within the OY range specified by the FMP.
The sums of the proposed 2011 and 2012 TACs are higher than the sum of
the 2010 TACs of 292,087 mt, but are unchanged from the 2011 TACs
currently specified for the GOA groundfish fisheries (75 FR 11788,
March 12, 2010), with the exception of the Eastern GOA Pacific Cod TAC
and the TACs for the major taxonomic groups (sharks, squids, octopuses,
and sculpins), which used to compose the ``other species'' category.
Table 1 lists the proposed 2011 and 2012 ABCs, TACs, and OFLs and
area apportionments of groundfish in the
[[Page 76356]]
GOA. These amounts are consistent with the biological condition of
groundfish stocks as described in the 2009 SAFE report, and adjusted
for other biological and socioeconomic considerations, including
maintaining the total TAC within the required OY range. These proposed
amounts are subject to change pending the completion of the draft 2010
SAFE report and the Council's recommendations for the final 2011 and
2012 harvest specifications during its December 2010 meeting.
Table 1--Proposed 2011 and 2012 ABCs, TACs, and OFLs of Groundfish for the Western/Central/West Yakutat (W/C/
WYK), Western (W), Central (C), Eastern (E) Regulatory Areas, and in the West Yakutat (WYK), Southeast Outside
(SEO), and Gulfwide (GW) Districts of the Gulf of Alaska
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Species Area 1 ABC TAC OFL
----------------------------------------------------------------------------------------------------------------
Pollock \2\........................ Shumagin (610)....... 34,728 34,728 n/a
Chirikof (620)....... 37,159 37,159 n/a
Kodiak (630)......... 25,287 25,287 n/a
WYK (640)............ 2,686 2,686 n/a
-----------------------------------------------------
W/C/WYK (subtotal) 99,860 99,860 135,010
SEO (650)............ 9,245 9,245 12,326
Total............. 109,105 109,105 147,336
=====================================================
Pacific cod \3\.................... W.................... 34,265 25,699 n/a
C.................... 60,698 45,524 n/a
E.................... 2,937 2,203 n/a
-----------------------------------------------------
Total............. 97,900 73,426 116,700
=====================================================
Sablefish \4\...................... W.................... 1,488 1,488 n/a
C.................... 4,042 4,042 n/a
WYK.................. 1,450 1,450 n/a
SEO.................. 2,320 2,320 n/a
E (WYK and SEO) 3,770 3,770 n/a
(subtotal).
-----------------------------------------------------
Total............. 9,300 9,300 11,008
=====================================================
Shallow-water flatfish \6\......... W.................... 23,681 4,500 n/a
C.................... 29,999 13,000 n/a
WYK.................. 1,228 1,228 n/a
SEO.................. 1,334 1,334 n/a
-----------------------------------------------------
Total............. 56,242 20,062 67,768
=====================================================
Deep-water flatfish \5\............ W.................... 530 530 n/a
C.................... 2,928 2,928 n/a
WYK.................. 2,089 2,089 n/a
SEO.................. 778 778 n/a
-----------------------------------------------------
Total............. 6,325 6,325 7,847
=====================================================
Rex sole........................... W.................... 1,521 1,521 n/a
C.................... 6,312 6,312 n/a
WYK.................. 871 871 n/a
SEO.................. 888 888 n/a
-----------------------------------------------------
Total............. 9,592 9,592 12,534
=====================================================
Arrowtooth flounder................ W.................... 34,263 8,000 n/a
C.................... 144,262 30,000 n/a
WYK.................. 22,501 2,500 n/a
SEO.................. 11,693 2,500 n/a
-----------------------------------------------------
Total............. 212,719 43,000 250,559
=====================================================
Flathead sole...................... W.................... 17,520 2,000 n/a
C.................... 28,190 5,000 n/a
WYK.................. 2,068 2,068 n/a
SEO.................. 1,508 1,508 n/a
-----------------------------------------------------
Total............. 49,286 10,576 61,601
=====================================================
Pacific ocean perch \7\............ W.................... 2,797 2,797 3,220
C.................... 10,377 10,377 11,944
WYK.................. 1,937 1,937 n/a
SEO.................. 1,882 1,882 n/a
[[Page 76357]]
E (WYK and SEO) 3,819 3,819 4,396
(subtotal).
-----------------------------------------------------
Total............. 16,993 16,993 19,560
=====================================================
Northern rockfish 8 9.............. W.................... 2,549 2,549 n/a
C.................... 2,259 2,259 n/a
E.................... 0 0 n/a
-----------------------------------------------------
Total............. 4,808 4,808 5,730
=====================================================
Shortraker rockfish \11\........... W.................... 134 134 n/a
C.................... 325 325 n/a
E.................... 455 455 n/a
-----------------------------------------------------
Total............. 914 914 1,219
=====================================================
Other rockfish 9 12................ W.................... 212 212 n/a
C.................... 507 507 n/a
WYK.................. 273 273 n/a
SEO.................. 2,757 200 n/a
-----------------------------------------------------
Total............. 3,749 1,192 4,881
=====================================================
Pelagic shelf rockfish \13\........ W.................... 607 607 n/a
C.................... 3,035 3,035 n/a
WYK.................. 405 405 n/a
SEO.................. 680 680 n/a
-----------------------------------------------------
Total............. 4,727 4,727 5,739
=====================================================
Rougheye and Blackspotted rockfish W.................... 81 81 n/a
\10\.
C.................... 869 869 n/a
E.................... 363 363 n/a
-----------------------------------------------------
Total............. 1,313 1,313 1,581
=====================================================
Demersal shelf rockfish \14\....... SEO.................. 295 295 472
Thornyhead rockfish................ W.................... 425 425 n/a
C.................... 637 637 n/a
E.................... 708 708 n/a
-----------------------------------------------------
Total............. 1,770 1,770 2,360
=====================================================
Atka mackerel...................... GW................... 4,700 2,000 6,200
Big skate \15\..................... W.................... 598 598 n/a
C.................... 2,049 2,049 n/a
E.................... 681 681 n/a
-----------------------------------------------------
Total............. 3,328 3,328 4,438
=====================================================
Longnose skate \16\................ W.................... 81 81 n/a
C.................... 2,009 2,009 n/a
E.................... 762 762 n/a
-----------------------------------------------------
Total............. 2,852 2,852 3,803
=====================================================
Other skates \17\.................. GW................... 2,093 2,093 2,791
Sharks............................. GW................... 957 957 1,276
Squids............................. GW................... 1,148 1,148 1,530
Octopuses.......................... GW................... 224 224 298
Sculpins........................... GW................... 4,746 4,746 6,328
-----------------------------------------------------
Total.......................... ..................... 605,086 330,746 743,559
----------------------------------------------------------------------------------------------------------------
\1\ Regulatory areas and districts are defined at Sec. 679.2. (W=Western Gulf of Alaska; C=Central Gulf of
Alaska; E=Eastern Gulf of Alaska; WYK=West Yakutat District; SEO=Southeast Outside District; GW=Gulf-wide).
[[Page 76358]]
\2\ Pollock is apportioned in the Western/Central Regulatory Areas among three statistical areas. During the A
season, the apportionment is based on an adjusted estimate of the relative distribution of pollock biomass of
approximately 30%, 46%, and 24% in Statistical Areas 610, 620, and 630, respectively. During the B season, the
apportionment is based on the relative distribution of pollock biomass at 30%, 54%, and 16% in Statistical
Areas 610, 620, and 630, respectively. During the C and D seasons, the apportionment is based on the relative
distribution of pollock biomass at 41%, 27%, and 32% in Statistical Areas 610, 620, and 630, respectively.
Table 4 lists the proposed 2011 and 2012 pollock seasonal apportionments. In the West Yakutat and Southeast
Outside Districts of the Eastern Regulatory Area, pollock is not divided into seasonal allowances.
\3\ The annual Pacific cod TAC is apportioned 60% to the A season and 40% to the B season in the Western and
Central Regulatory Areas of the GOA. Pacific cod is allocated 90% for processing by the inshore component and
10% for processing by the offshore component. Table 5 lists the proposed 2011 and 2012 Pacific cod seasonal
apportionments.
\4\ Sablefish is allocated to trawl and hook-and-line gears for 2011 and to trawl gear in 2012. Tables 2 and 3
list the proposed 2011 and 2012 sablefish TACs.
\5\ ``Deep-water flatfish'' means Dover sole, Greenland turbot, and deepsea sole.
\6\ ``Shallow-water flatfish'' means flatfish not including ``deep-water flatfish,'' flathead sole, rex sole, or
arrowtooth flounder.
\7\ ``Pacific ocean perch'' means Sebastes alutus.
\8\ ``Northern rockfish'' means Sebastes polyspinous. For management purposes the 2 mt apportionment of ABC to
the Eastern Gulf of Alaska has been included in the slope rockfish complex.
\9\ ``Slope rockfish'' means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio),
S. goodei (chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), S. variegatus (harlequin), S.
wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S. zacentrus (sharpchin), S. jordani
(shortbelly), S. brevispinis (silvergrey), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus
(vermilion), and S. reedi (yellowmouth). In the Eastern GOA only, slope rockfish also includes northern
rockfish, S. polyspinous.
\10\ ``Rougheye rockfish'' means Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted).
\11\ ``Shortraker rockfish'' means Sebastes borealis.
\12\ ``Other rockfish'' in the Western and Central Regulatory Areas and in the West Yakutat District means slope
rockfish and demersal shelf rockfish. The category ``other rockfish'' in the SEO District means slope
rockfish.
\13\ ``Pelagic shelf rockfish'' means, S. variabilis (dusky), S. entomelas (widow), and S. flavidus
(yellowtail).
\14\ ``Demersal shelf rockfish'' means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper),
S. maliger (quillback), S. helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye).
\15\ ``Big skate'' means Raja binoculata.
\16\ ``Longnose skate'' means Raja rhina.
\17\ ``Other skates'' means Bathyraja spp.
Proposed Apportionment of Reserves
Section 679.20(b)(2) requires that 20 percent of each TAC for
pollock, Pacific cod, flatfish, skates, sharks, squids, sculpins, and
octopuses be set aside in reserves for possible apportionment at a
later date during the fishing year. In 2010, NMFS apportioned all of
the reserves in the final harvest specifications. For 2011 and 2012,
NMFS proposes reapportionment of all the reserves for pollock, Pacific
cod, flatfish, skates, sharks, squids, sculpins, and octopuses. Table 1
reflects the apportionment of reserve amounts for these species and
species groups. Each proposed TAC for the above mentioned species
categories contains the full TAC recommended by the Council, since no
reserve was created from the relevant species categories.
Proposed Allocations of the Sablefish TAC Amounts to Vessels Using
Hook-and-Line and Trawl Gear
Section 679.20(a)(4)(i) and (ii) require allocations of sablefish
TACs for each of the regulatory areas and districts to hook-and-line
and trawl gear. In the Western and Central Regulatory Areas, 80 percent
of each TAC is allocated to hook-and-line gear, and 20 percent of each
TAC is allocated to trawl gear. In the Eastern Regulatory Area, 95
percent of the TAC is allocated to hook-and-line gear and five percent
is allocated to trawl gear. The trawl gear allocation in the Eastern
GOA may only be used to support incidental catch of sablefish in
directed fisheries for other target species (Sec. 679.20(a)(4)(i)). In
recognition of the trawl ban in the SEO District of the Eastern
Regulatory Area, the Council recommended and NMFS proposes the
allocation of five percent of the combined Eastern Regulatory Area
sablefish TAC to trawl gear in the WYK District and the remainder of
the WYK sablefish TAC be available to vessels using hook-and-line gear.
As a result, NMFS proposes to allocate 100 percent of the sablefish TAC
in the SEO District to vessels using hook-and-line gear. This
recommendation results in a proposed 2011 allocation of 189 mt to trawl
gear and 3,581 mt to hook-and-line gear in the Eastern GOA. Table 2
lists the allocations of the proposed 2011 sablefish TACs to hook-and-
line and trawl gear. Table 3 lists the allocations of the proposed 2012
sablefish TACs to trawl gear.
The Council recommended that the hook-and-line sablefish TAC be
established annually to ensure that the Individual Fishery Quota (IFQ)
fishery is conducted concurrent with the halibut IFQ fishery and is
based on the most recent survey information. The Council also
recommended that only a trawl sablefish TAC be established for two
years so that retention of incidental catch of sablefish by trawl gear
could commence in January in the second year of the groundfish harvest
specifications. However, since there is an annual assessment for
sablefish and the final harvest specifications are expected to be
published before the IFQ season begins (typically, in early March), the
Council recommended that the sablefish TAC be set on an annual basis so
that the best and most recent scientific information could be
considered in recommending the ABCs and TACs. Since sablefish is on
bycatch status for trawl gear during the entire fishing year, and given
that fishing for groundfish with trawl gear is prohibited prior to
January 20, it is not likely that the sablefish allocation to trawl
gear would be reached before the effective date of the final harvest
specifications.
Table 2--Proposed 2011 Sablefish TAC Amounts in the Gulf of Alaska and Allocations to Hook-and-Line and Trawl
Gear
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Hook-and-line
Area/district TAC allocation Trawl allocation
----------------------------------------------------------------------------------------------------------------
Western................................................ 1,488 1,190 298
Central................................................ 4,042 3,234 808
West Yakutat \1\....................................... 1,450 1,261 189
[[Page 76359]]
Southeast Outside...................................... 2,320 2,320 0
--------------------------------------------------------
Total.............................................. 9,300 8,005 1,295
----------------------------------------------------------------------------------------------------------------
\1\ Represents an allocation of 5 percent of the combined Eastern Regulatory Area sablefish TAC to trawl gear in
the WYK District.
Table 3--Proposed 2012 Sablefish TAC Amounts in the Gulf of Alaska and Allocation to Trawl Gear \1\
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Hook-and-line
Area/district TAC allocation Trawl allocation
----------------------------------------------------------------------------------------------------------------
Western................................................ 1,488 n/a 298
Central................................................ 4,042 n/a 808
West Yakutat \2\....................................... 1,450 n/a 189
Southeast Outside...................................... 2,320 n/a 0
--------------------------------------------------------
Total.............................................. 9,300 n/a 1,295
----------------------------------------------------------------------------------------------------------------
\1\ The Council recommended that harvest specifications for the hook-and-line gear sablefish Individual Fishing
Quota fisheries be limited to 1 year.
\2\ Represents an allocation of 5 percent of the combined Eastern Regulatory Area sablefish TAC to trawl gear in
the WYK District.
Proposed Apportionments of Pollock TAC Among Seasons and Regulatory
Areas, and Allocations for Processing by Inshore and Offshore
Components
In the GOA, pollock is apportioned by season and area, and is
further allocated between inshore and offshore processing components.
Pursuant to Sec. 679.20(a)(5)(iv)(B), the annual pollock TAC specified
for the Western and Central Regulatory Areas of the GOA is apportioned
into four equal seasonal allowances of 25 percent. As established by
Sec. 679.23(d)(2)(i) through (iv), the A, B, C, and D season
allowances are available from January 20 through March 10, March 10
through May 31, August 25 through October 1, and October 1 through
November 1, respectively.
Pollock TACs in the Western and Central Regulatory Areas of the GOA
are apportioned among Statistical Areas 610, 620, and 630, pursuant to
Sec. 679.20(a)(5)(iv)(A). In the A and B seasons, the apportionments
are in proportion to the distribution of pollock biomass based on the
four most recent NMFS winter surveys. In the C and D seasons, the
apportionments are in proportion to the distribution of pollock biomass
based on the four most recent NMFS summer surveys. For 2011 and 2012,
the Council recommends, and NMFS proposes, averaging the winter and
summer distribution of pollock in the Central Regulatory Area for the A
season. The average is intended to reflect the distribution of pollock
and the performance of the fishery in the area during the A season for
the 2011 and 2012 fishing years. Within any fishing year, the amount by
which a seasonal allowance is underharvested or overharvested may be
added to, or subtracted from, subsequent seasonal allowances in a
manner to be determined by the Regional Administrator (Sec.
679.20(a)(5)(iv)(B)). The rollover amount is limited to 20 percent of
the unharvested seasonal apportionment for the statistical area. Any
unharvested pollock above the 20 percent limit could be further
distributed to the other statistical areas, in proportion to the
estimated biomass in the subsequent season in those statistical areas
(Sec. 679.20(a)(5)(iv)(B)). The proposed pollock TACs in the WYK
District of 2,686 mt and SEO District of 9,245 mt for 2011 and 2012 are
not allocated by season.
Section 679.20(a)(6)(i) requires the allocation of 100 percent of
the pollock TAC in all regulatory areas and all seasonal allowances to
vessels catching pollock for processing by the inshore component after
subtraction of amounts that are projected by the Regional Administrator
to be caught by, or delivered to, the offshore component incidental to
directed fishing for other groundfish species. Thus, the amount of
pollock available for harvest by vessels harvesting pollock for
processing by the offshore component is that amount that will be taken
as incidental catch during directed fishing for groundfish species
other than pollock, up to the maximum retainable amounts allowed under
Sec. 679.20(e) and (f). At this time, these incidental catch amounts
of pollock are unknown and will be determined during the fishing year.
Table 4 lists the proposed 2011 and 2012 seasonal biomass
distribution of pollock in the Western and Central Regulatory Areas,
area apportionments, and seasonal allowances. The amounts of pollock
for processing by the inshore and offshore components are not shown.
[[Page 76360]]
Table 4--Proposed 2011 and 2012 Distribution of Pollock in the Central and Western Regulatory Areas of the Gulf of Alaska; Seasonal Biomass
Distribution, Area Apportionments; and Seasonal Allowances of Annual TAC
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
Season \1\ Shumagin
Chirikof
Kodiak Total \2\
(Area 610)
(Area 620)
(Area 630)
--------------------------------------------------------------------------------------------------------------------------------------------------------
A (Jan 20-Mar 10)....................... 7,342 (30.22%) 11,129 (45.81%) 5,823 (23.97%) 24,294 (100%)
B (Mar 10-May 31)....................... 7,342 (30.22%) 13,128 (54.04%) 3,824 (15.74%) 24,294 (100%)
C (Aug 25-Oct 1)........................ 10,022 (41.25%) 6,451 (26.55%) 7,820 (32.19%) 24,293 (100%)
D (Oct 1-Nov1).......................... 10,022 (41.25%) 6,451 (26.55%) 7,820 (32.19%) 24,293 (100%)
---------------------------------------------------------------------------------------------------------------
Annual Total........................ 34,728 .............. 37,159 .............. 25,287 .............. 97,174
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ As established by Sec. 679.23(d)(2)(i) through (iv), the A, B, C, and D season allowances are available from January 20 to March 10, March 10 to
May 31, August 25 to October 1, and October 1 to November 1, respectively. The amounts of pollock for processing by the inshore and offshore
components are not shown in this table.
\2\ The WYK and SEO District pollock TACs are not allocated by season and are not included in the total pollock TACs shown in this table.
Proposed Seasonal Apportionments of Pacific Cod TAC and Allocations for
Processing of Pacific Cod TAC Between Inshore and Offshore Components
Pacific cod fishing is divided into two seasons in the Western and
Central Regulatory Areas of the GOA. For hook-and-line, pot, and jig
gear, the A season is January 1 through June 10, and the B season is
September 1 through December 31. For trawl gear, the A season is
January 20 through June 10, and the B season is September 1 through
November 1 (Sec. 679.23(d)(3)(i)). After subtraction of incidental
catch from the A season, 60 percent of the annual TAC will be available
as a DFA during the A season for the inshore and offshore components.
The remaining 40 percent of the annual TAC will be available for
harvest during the B season. Under Sec. 679.20(a)(12)(ii), any overage
or underage of the Pacific cod allowance from the A season will be
subtracted from, or added to, the subsequent B season allowance.
Section 679.20(a)(6)(ii) requires the allocation of the TAC
apportionment of Pacific cod in all regulatory areas to vessels
catching Pacific cod for processing by the inshore and offshore
components. Ninety percent of the Pacific cod TAC in each regulatory
area is allocated to vessels catching Pacific cod for processing by the
inshore component. The remaining 10 percent of the TAC is allocated to
vessels catching Pacific cod for processing by the offshore component.
Table 5 lists the seasonal apportionments and allocations of the
proposed 2011 and 2012 Pacific cod TAC amounts.
Table 5--Proposed 2011 and 2012 Seasonal Apportionments and Allocations of Pacific Cod TAC Amounts in the Gulf
of Alaska and Allocations for Processing by the Inshore and Offshore Components
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Component allocation
Regulatory area Season TAC -----------------------------------
Inshore (90%) Offshore (10%)
----------------------------------------------------------------------------------------------------------------
Western............................ Annual............... 25,699 23,129 2,570
A season (60%)....... 15,419 13,877 1,542
B season (40%)....... 10,280 9,252 1,028
Central............................ Annual............... 45,524 40,972 4,552
A season (60%)....... 27,314 24,583 2,731
B season (40%)....... 18,210 16,389 1,821
Eastern............................ Annual............... 2,203 1,983 220
-----------------------------------------------------
Total.......................... ..................... 73,426 66,084 7,342
----------------------------------------------------------------------------------------------------------------
Proposed Apportionments to the Central GOA Rockfish Pilot Program
Section 679.81(a)(1) and (2) requires the allocation of the primary
rockfish species TACs in the Central Regulatory Area, after deducting
incidental catch needs in other directed groundfish fisheries, to
participants in the Central GOA Rockfish Program (Rockfish Program).
Five percent (2.5 percent to trawl gear and 2.5 percent to fixed gear)
of the proposed TACs for Pacific ocean perch, northern rockfish, and
pelagic shelf rockfish in the Central Regulatory Area are allocated to
the entry level rockfish fishery; and the remaining 95 percent are
allocated to those vessels eligible to participate in the Rockfish
Program. The Rockfish Program will expire in December 2011, although
the Council has proposed a new program to supersede the existing
Rockfish Program by 2012. NMFS is developing a proposed rule to
implement the Council's revised program and anticipates that it will be
published in the Federal Register for public review and comment early
in 2011.
NMFS proposes setting aside 2011 incidental catch amounts of 100 mt
for northern rockfish, 100 mt for pelagic shelf rockfish, and 500 mt
for Pacific ocean perch for other directed groundfish fisheries in the
Central Regulatory Area. These proposed amounts are based on recent
average incidental catch in the Central Regulatory Area by other
groundfish fisheries.
Section 679.83(a)(1)(i) requires that allocations to the trawl
entry level fishery must be made first from the allocation of Pacific
ocean perch available to the rockfish entry level fishery. If the
amount of Pacific ocean perch available for allocation is less than the
total allocation allowable for
[[Page 76361]]
trawl CVs in the rockfish entry level fishery, then northern rockfish
and pelagic shelf rockfish must be allocated to trawl CVs. Allocations
of Pacific ocean perch, northern rockfish, and pelagic shelf rockfish
to longline gear vessels must be made after the allocations to trawl
gear.
Table 6 lists the proposed 2011 allocations of rockfish in the
Central GOA to trawl and longline gear in the entry level rockfish
fishery. Allocations of primary rockfish species TACs among
participants in the Rockfish Program are not included in the proposed
harvest specifications because applications for C/P and CV cooperatives
are due to NMFS on March 1 of each calendar year, thereby preventing
NMFS from calculating proposed 2011 allocations. NMFS will post these
allocations on the Alaska Region Web site at http://alaskafisheries.noaa.gov/sustainablefisheries/goarat/default.htm when
they become available in March 2011.
Table 6--Proposed 2011 Allocations of Rockfish in the Central Gulf of Alaska to Trawl and Longline Gear\1\ in the Entry Level Rockfish Fishery
[Values are rounded to the nearest mt]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Incidental Entry level Entry level
Species Proposed TAC catch TAC minus ICA 5% TAC 2.5% TAC trawl longline
allowance allocation allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific ocean perch..................... 10,377 500 9,877 494 247 375 119
Northern rockfish....................... 2,259 100 2,159 108 54 0 108
Pelagic shelf rockfish.................. 3,035 100 2,935 147 74 0 147
---------------------------------------------------------------------------------------------------------------
Total............................... 15,671 700 14,971 749 375 375 374
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Longline gear includes jig and hook-and-line gear.
Proposed Halibut Prohibited Species Catch (PSC) Limits
Section 679.21(d) establishes annual halibut PSC limit
apportionments to trawl and hook-and-line gear, and permits the
establishment of apportionments for pot gear. In October 2010, the
Council recommended that NMFS maintain the 2010 halibut PSC limits of
2,000 mt for the trawl fisheries and 300 mt for the hook-and-line
fisheries. The Alaska Department of Fish and Game sets the GHL after
estimates of incidental catch in all fisheries (including halibut and
subsistence) and allocation to the sport fish fishery have been
deducted.
Ten mt of the hook-and-line limit is further allocated to the
demersal shelf rockfish (DSR) fishery in the SEO District. The DSR
fishery is defined at Sec. 679.21(d)(4)(iii)(A). This fishery has been
apportioned 10 mt in recognition of its small scale harvests. Most
vessels in the DSR fishery are less than 60 ft (18.3 m) length overall
and are exempt from observer coverage. Therefore, observer data are not
available to verify actual bycatch amounts. NMFS estimates low halibut
bycatch in the DSR fishery because: the duration of the DSR fisheries
and the gear soak times are short; the DSR fishery occurs in the winter
when less overlap occurs in the distribution of DSR and halibut; and,
the directed commercial DSR fishery has a low DSR TAC. Of the 295 mt
TAC for DSR in 2010, 100 mt were available for the directed commercial
fishery, of which 30 mt were harvested.
The FMP authorizes the Council to exempt specific gear from the
halibut PSC limit. NMFS, after consultation with the Council, proposes
to exempt pot gear, jig gear, and the sablefish IFQ hook-and-line gear
fishery categories from the non-trawl halibut PSC limit for 2011 and
2012. The Council recommended and NMFS is proposing these exemptions
because (1) the pot gear fisheries have low annual halibut bycatch
mortality (averaging 18 mt annually from 2001 through 2009); (2) the
IFQ program regulations prohibit discard of halibut if any halibut IFQ
permit holder on board a CV holds unused halibut IFQ (Sec.
679.7(f)(11)); (3) Sablefish IFQ fishermen typically hold halibut IFQ
permits and are therefore required to retain the halibut they catch
while fishing sablefish IFQ; and (4) NMFS estimates negligible halibut
mortality for the jig gear fisheries. Halibut mortality is assumed to
be negligible in the jig gear fisheries given the small amount of
groundfish harvested by jig gear (averaging 261 mt annually from 2001
through 2009), the selective nature of jig gear, and the high survival
rates of halibut caught and released with jig gear.
Section 679.21(d)(5) authorizes NMFS to seasonally apportion the
halibut PSC limits after consultation with the Council. The FMP and
regulations require that the Council and NMFS consider the following
information in seasonally apportioning halibut PSC limits: (1) Seasonal
distribution of halibut; (2) seasonal distribution of target groundfish
species relative to halibut distribution; (3) expected halibut bycatch
needs on a seasonal basis relative to changes in halibut biomass and
expected catch of target groundfish species; (4) expected bycatch rates
on a seasonal basis; (5) expected changes in directed groundfish
fishing seasons; (6) expected actual start of fishing effort; and (7)
economic effects of establishing seasonal halibut allocations on
segments of the target groundfish industry.
The final 2010 and 2011 harvest specifications for halibut PSC (75
FR 11749, March 12, 2010) summarized the Council's and NMFS' findings
with respect to each of these FMP considerations. The Council's and
NMFS' findings for 2011 and 2012 are unchanged from 2010. Table 7 lists
the proposed 2011 and 2012 Pacific halibut PSC limits, allowances, and
apportionments. Section 679.21(d)(5)(iii) and (iv), respectively,
specify that any underages or overages of a seasonal apportionment of a
PSC limit will be added to, or removed from, the next respective
seasonal apportionment within the fishing year.
[[Page 76362]]
Table 7--Proposed 2011 and 2012 Pacific Halibut PSC Limits, Allowances, and Apportionments
[Values are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trawl gear Hook-and-line gear \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Other than DSR DSR
Season Percent Amount ----------------------------------------------------------------------------------------
Season Percent Amount Season Amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
January 20-April 1...................... 27.5 550 January 1-June 10......... 86 250 January 1-December 31..... 10
April 1-July 1.......................... 20 400 June 10-September 1....... 2 5
July 1-September 1...................... 30 600 September 1-December 31... 12 35
September 1-October 1................... 7.5 150
October 1-December 31................... 15 300
---------------------------------------------------------------------------------------------------------------
Total............................... .......... 2,000 .......................... ......... 290 .......................... 10
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Pacific halibut PSC limit for hook-and-line gear is allocated to the demersal shelf rockfish (DSR) fishery and fisheries other than DSR. The
hook-and-line IFQ sablefish fishery is exempt from halibut PSC limits, as are pot and jig gear fisheries for all groundfish species.
Section 679.21(d)(3)(ii) authorizes further apportionment of the
trawl halibut PSC limit to trawl fishery categories. The annual
apportionments are based on each category's proportional share of the
anticipated halibut bycatch mortality during a fishing year and
optimization of the total amount of groundfish harvest under the
halibut PSC limit. The fishery categories for the trawl halibut PSC
limits are (1) a deep-water species category, composed of sablefish,
rockfish, deep-water flatfish, rex sole, and arrowtooth flounder; and
(2) a shallow-water species category, comprised of pollock, Pacific
cod, shallow-water flatfish, flathead sole, Atka mackerel, skates,
sharks, squids, sculpins, and octopuses (Sec. 679.21(d)(3)(iii)).
Table 8 lists the proposed 2011 and 2012 seasonal apportionments of
Pacific halibut PSC trawl limits between the deep-water and the
shallow-water species categories. Based on public comment and
information contained in the final 2010 SAFE report, the Council may
recommend or NMFS may make changes to the seasonal, gear-type, or
fishery category apportionments of halibut PSC limits for the final
2011 and 2012 harvest specifications.
Table 8--Proposed 2011 and 2012 Seasonal Apportionments of the Pacific Halibut PSC Limit Apportioned Between the
Trawl Gear Shallow-Water Species and Deep-Water Species Categories
[Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
Season Shallow-water Deep-water \1\ Total
----------------------------------------------------------------------------------------------------------------
January 20-April 1...................... 450....................... 100....................... 550
April 1-July 1.......................... 100....................... 300....................... 400
July 1-September 1...................... 200....................... 400....................... 600
September 1-October 1................... 150....................... Any remainder............. 150
-----------------------------------------------------------------------
Subtotal January 20-October 1....... 900....................... 800....................... 1,700
-----------------------------------------------------------------------
October 1-December 31 \2\............... .......................... .......................... 300
-----------------------------------------------------------------------
Total............................... .......................... .......................... 2,000
----------------------------------------------------------------------------------------------------------------
\1\ Vessels participating in cooperatives in the Central Gulf of Alaska Rockfish Program will receive a portion
of the third season (July 1-September 1) deep-water category halibut PSC apportionment. At this time, this
amount is not known but will be posted later on the Alaska Region Web site at http://alaskafisheries.noaa.gov
when it becomes available.
\2\ There is no apportionment between shallow-water and deep-water trawl fishery categories during the fifth
season (October 1 through December 31).
Estimated Halibut Bycatch in Prior Years
The best available information on estimated halibut bycatch is data
collected by observers during 2010. The calculated halibut bycatch
mortality by trawl, hook-and-line, and pot gears through October 2,
2010, is 1,276 mt, 214 mt, and 26 mt, respectively, for a total halibut
mortality of 1,516 mt. This mortality was calculated using groundfish
and halibut catch data from the NMFS Alaska Region's catch accounting
system. This system contains historical and recent catch information
compiled from each Alaska groundfish fishery.
Halibut bycatch restrictions seasonally constrained trawl gear
fisheries during the 2010 fishing year. Table 9 displays the closure
dates for fisheries that resulted from the attainment of seasonal or
annual halibut PSC limits. NMFS does not know the amount of groundfish
that trawl gear might have harvested if halibut PSC limits had not
restricted some 2010 GOA groundfish fisheries.
[[Page 76363]]
Table 9--2010 Fishery Closures Due to Attainment of Pacific Halibut PSC Limits
----------------------------------------------------------------------------------------------------------------
Fishery category Opening date Closure date Federal Register citation
----------------------------------------------------------------------------------------------------------------
Trawl Deep-water, season 2.... January 20, 2010 April 28, 2010.. 75 FR 23189, May 3, 2010.
Trawl Shallow-water,season 4 September 1, September 3, 75 FR 54290, September 7, 2010.
\1\. 2010. 2010.
Trawl, Shallow-water,season 4. September 11, Unknown......... 75 FR 56017, September 15, 2010.
2010.
Hook-and-line gear, all January 1, 2010. Unknown.........
targets \2\.
----------------------------------------------------------------------------------------------------------------
\1\ With the exception of vessels participating in the Central GOA Rockfish Program.
\2\ With the exception of sablefish, open March 6, 2010, through November 15, 2010.
Comparison of Final 2010 ABC Amounts With Proposed 2011 and 2012 ABC
Amounts
Proposed 2011 and 2012 ABCs for pollock, Pacific cod, deep-water
flatfish, rougheye rockfish, and flathead sole are higher than the
final specifications established for 2010, while the proposed 2011 and
2012 ABCs for sablefish, rex sole, Pacific ocean perch, northern
rockfish, and pelagic shelf rockfish are lower than those established
for 2010. These differences reflect the stock projections and trends
made for these species during the final GOA groundfish harvest
specifications process in November 2009. For the remaining target
species, the Council recommended and NMFS proposes ABC levels that are
unchanged from 2010. As previously described, the ``other species''
category has been dissolved into its component species categories
(sharks, octopuses, squids, and sculpins). The Council recommended
individual TAC limits for each of these new categories for 2011 and
2012. More information on these changes is included in the final 2009
SAFE report (see ADDRESSES) and will be updated with the 2010 SAFE
report, which will be available for Council approval at its December
2010 meeting.
In the GOA, the total proposed 2011 and 2012 TAC amounts are
330,746 mt, an increase of 13 percent from the 2010 TAC total of
292,087 mt. Table 10 compares the final 2010 TACs to the proposed 2011
and 2012 TACs.
Table 10--Comparison of Final 2010 and Proposed 2011 and 2012 Total
Allowable Catch (TAC) Amounts in the Gulf of Alaska
[Values are in metric tons]
------------------------------------------------------------------------
Proposed 2011
Species Final 2010 TACs and 2012 TACS
------------------------------------------------------------------------
Pollock............................. 84,745 109,105
Pacific cod......................... 59,563 73,426
Sablefish........................... 10,370 9,300
Shallow water flatfish.............. 20,062 20,062
Deep-water flatfish................. 6,190 6,325
Rex sole............................ 9,729 9,592
Arrowtooth flounder................. 43,000 43,000
Flathead sole....................... 10,411 10,576
Pacific ocean perch................. 17,584 16,993
Northern rockfish................... 5,098 4,808
Rougheye rockfish................... 1,302 1,313
Shortraker rockfish................. 914 914
Other rockfish...................... 1,192 1,192
Pelagic shelf rockfish.............. 5,059 4,727
Demersal shelf rockfish............. 295 295
Thornyhead rockfish................. 1,770 1,770
Atka mackerel....................... 2,000 2,000
Big skates.......................... 3,328 3,328
Longnose skates..................... 2,852 2,852
Other skates........................ 2,093 2,093
Other species \1\................... 4,500 n/a
Sharks.............................. n/a 957
Squids.............................. n/a 1,148
Octopuses........................... n/a 224
Sculpins............................ n/a 4,746
-----------------------------------
Total........................... 292,087 330,746
------------------------------------------------------------------------
\1\ The other species category, for the purpose of the annual harvest
specifications, was dissolved in 2010 into its major taxonomic
components; sharks, squid, octopuses, and sculpins (75 FR 61639,
October 6, 2010).
Current Estimates of Halibut Biomass and Stock Condition
The most recent halibut stock assessment was developed by the IPHC
staff in December 2009 for the 2010 commercial fishery; this assessment
was considered by the IPHC at its annual January 2010 meeting. Since
2006, the IPHC stock assessment has been fitted to a coastwide data set
(including the United States and Canada) to estimate total exploitable
biomass. Coastwide exploitable biomass at the beginning of 2010 is
estimated to be 334 million pounds. The assessment revised last year's
estimate of 325 million pounds at the start of 2009 downwards to 291
million pounds and projects an increase of 14 percent over that value
to arrive at the 2010 value of 334 million pounds. At least part, if
not most, of the
[[Page 76364]]
downward revision for 2009 is believed to be caused by the ongoing
decline in size and age, which continues for all ages in all areas.
Projections based on the currently estimated age compositions suggest
that the exploitable and female spawning biomasses will continue to
increase over the next several years as a sequence of strong year
classes recruit to the legal-sized component of the population. The
coastwide exploitable biomass was apportioned among regulatory areas in
accordance with survey estimates of relative abundance and other
considerations. The assessment recommends a coastwide harvest rate of
20 percent of the exploitable biomass overall, but a lower harvest rate
of 15 percent for Areas 4A, 4B, 4C, 4D, and 4E and 3B.
The halibut resource is fully utilized. Recent catches, over the
last 16 years (1994-2009) in the commercial halibut fisheries in
Alaska, have averaged 32,850 mt round weight. In January 2010, the IPHC
recommended Alaska commercial catch limits totaling 24,372 mt round
weight for 2010, a 7.5 percent decrease from 26,338 mt in 2009. Through
November 15, 2010, commercial hook-and-line harvests of halibut off
Alaska totaled 25,286 mt round weight.
Additional information on the Pacific halibut stock assessment may
be found in the IPHC's 2009 Pacific halibut stock assessment (December
2009), available on the IPHC Web site at http://www.iphc.washington.edu. The IPHC will consider the 2010 Pacific
halibut assessment for 2011 at its January 2011 annual meeting when it
will set the 2011 commercial halibut fishery catch limits.
Other Factors
The IPHC will adjust the allowable commercial catch of halibut to
account for the overall halibut PSC limit established for groundfish
fisheries. The 2011 and 2012 groundfish fisheries are expected to use
the entire proposed annual halibut PSC limit of 2,300 mt. The allowable
directed commercial catch is determined by first accounting for
recreational and subsistence catch, waste, and bycatch mortality, and
then provides the remainder to the directed fishery. Groundfish fishing
is not expected to affect adversely the halibut stocks. Methods
available for reducing halibut bycatch include (1) consistent
monitoring through publication of individual vessel bycatch rates on
the NMFS Alaska Region Web site at http://alaskafisheries.noaa.gov, (2)
modifications to gear, (3) changes in groundfish fishing seasons, (4)
individual transferable quota programs, and (5) time/area closures.
With respect to fishing gear modifications, various regulations
have been implemented to address halibut bycatch concerns that are
associated with different gear types. The definitions of the various
gear types defined at Sec. 679.2 under ``Authorized fishing gear''
delineate a variety of different requirements and restrictions by gear
type. Many of these requirements are intended to decrease or minimize
halibut bycatch by pot, trawl, and hook-and-line gear types.
For example, groundfish pots must be constructed with biodegradable
panels and tunnel openings in order to reduce halibut bycatch, thereby
reducing halibut mortality in the groundfish pot fisheries. Further,
the definition of ``pelagic trawl gear'' includes specific construction
parameters and performance characteristics that distinguish it from
nonpelagic trawl gear, which is designed for use in proximity to the
seafloor. Because halibut bycatch by pelagic trawl gear is minimal,
directed fishing for pollock with pelagic gear may continue even when
the halibut PSC limit for the shallow-water species complex is reached
(see Sec. 679.7(d)(7)(i)). Finally, all hook-and-line vessel operators
are required to employ careful release measures when handling halibut
bycatch (Sec. 679.7(a)(13)). These measures are intended to reduce
handling mortality, thereby lowering overall halibut bycatch mortality
in the groundfish fisheries, and to increase the amount of groundfish
harvested under the available halibut mortality bycatch limits.
The FMP requires that the Council review recent halibut bycatch
data and recommend proposed halibut PSC limits in conjunction with
developing proposed groundfish harvest levels. NMFS and the Council
will review the methods available for reducing halibut bycatch listed
here to determine their effectiveness and will initiate changes, as
necessary, in response to this review or to public testimony and
comment. At its December 2010 meeting, the Council is scheduled to
review a discussion paper on GOA halibut PSC and potentially consider
alternatives for analysis that would change how GOA halibut PSC limits
currently are established.
Halibut Discard Mortality Rates
To monitor halibut bycatch mortality allowances and apportionments,
the Regional Administrator uses observed halibut bycatch rates, discard
mortality rates (DMR), and estimates of groundfish catch to project
when a fishery's halibut bycatch mortality allowance or seasonal
apportionment is reached. The DMRs are based on the best information
available, including information contained in the annual SAFE report.
NMFS proposes the Council's recommendation that the halibut DMRs
developed and recommended by the International Pacific Halibut
Commission (IPHC) for the 2010 GOA groundfish fisheries be used for
monitoring the proposed 2011 and 2012 halibut bycatch mortality
allowances (see Table 11). The IPHC developed the DMRs for the 2010 GOA
groundfish fisheries using the 10-year mean DMRs for those fisheries.
Long-term average DMRs were not available for some fisheries, so rates
from the most recent years were used. For the squid, shark, sculpin,
octopus, and skate fisheries, where insufficient mortality data are
available, the mortality rate of halibut caught in the Pacific cod
fishery for that gear type was recommended as a default rate. The IPHC
will analyze observer data annually and recommend changes to the DMRs
when a fishery DMR shows large variation from the mean. A discussion of
the DMRs and their justification is presented in Appendix 2 to the 2009
SAFE report (see ADDRESSES). Table 11 lists the proposed 2011 and 2012
DMRs.
Table 11--Proposed 2011 and 2012 Halibut Discard Mortality Rates for
Vessels Fishing in the Gulf of Alaska
[Values are percent of halibut assumed to be dead]
------------------------------------------------------------------------
Mortality
Gear Target fishery rate (%)
------------------------------------------------------------------------
Hook-and-line.................. Other fisheries \1\.... 12
Skates................. 12
[[Page 76365]]
Pacific cod............ 12
Rockfish............... 9
Trawl.......................... Arrowtooth flounder.... 72
Deep-water flatfish.... 48
Flathead sole.......... 65
Non-pelagic pollock.... 59
Other fisheries........ 62
Pacific cod............ 62
Pelagic pollock........ 76
Rex sole............... 64
Rockfish............... 67
Sablefish.............. 65
Shallow-water flatfish. 71
Pot............................ Other fisheries........ 17
Pacific cod............ 17
------------------------------------------------------------------------
\1\ Other fisheries includes all gear types for Atka mackerel, sculpin,
shark, skate, squids, octopuses, and hook-and-line sablefish.
American Fisheries Act (AFA) Catcher/Processor and Catcher Vessel
Groundfish Sideboard Limits
Section 679.64 establishes groundfish harvesting and processing
sideboard limits on AFA C/Ps and CVs in the GOA. These sideboard limits
are necessary to protect the interests of fishermen and processors who
do not directly benefit from the AFA from those fishermen and
processors who receive exclusive harvesting and processing privileges
under the AFA. Section 679.7(k)(1)(ii) prohibits listed AFA C/Ps from
harvesting any species of fish in the GOA. Additionally, Sec.
679.7(k)(1)(iv) prohibits listed AFA C/Ps from processing any pollock
harvested in a directed pollock fishery in the GOA and any groundfish
harvested in Statistical Area 630 of the GOA.
AFA CVs that are less than 125 ft (38.1 m) length overall, have
annual landings of pollock in the Bering Sea and Aleutian Islands of
less than 5,100 mt, and have made at least 40 landings of GOA
groundfish from 1995 through 1997 are exempt from GOA sideboard limits
under Sec. 679.64(b)(2)(ii). Sideboard limits for non-exempt AFA CVs
operating in the GOA are based on their traditional harvest levels of
TAC in groundfish fisheries covered by the FMP. Section
679.64(b)(3)(iii) establishes the groundfish sideboard limitations in
the GOA based on the retained catch of non-exempt AFA CVs of each
sideboard species from 1995 through 1997 divided by the TAC for that
species over the same period. Table 12 lists the proposed 2011 and 2012
groundfish sideboard limits for non-exempt AFA CVs. NMFS will deduct
all targeted or incidental catch of sideboard species made by non-
exempt AFA CVs from the sideboard limits listed in Table 12.
Table 12--Proposed 2011 and 2012 GOA Non-Exempt American Fisheries Act Catcher Vessel (CV) Groundfish Harvest
Sideboard Limits
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Ratio of 1995- Proposed 2011
1997 non- and 2012 non-
Species Apportionments Area/component exempt AFA CV Proposed 2011 exempt AFA CV
by season/gear catch to 1995- and 2012 TACs sideboard
1997 TAC limit
----------------------------------------------------------------------------------------------------------------
Pollock...................... A Season........ Shumagin (610). 0.6047 7,342 4,440
January 20-March Chirikof (620). 0.1167 11,129 1,299
10.
Kodiak (630)... 0.2028 5,823 1,181
B Season........ Shumagin (610). 0.6047 7,342 4,440
March 10-May 31. Chirikof (620). 0.1167 13,128 1,532
Kodiak (630)... 0.2028 3,824 776
C Season........ Shumagin (610). 0.6047 10,022 6,060
August 25- Chirikof (620). 0.1167 6,451 753
October 1.
Kodiak (630)... 0.2028 7,820 1,586
D Season........ Shumagin (610). 0.6047 10,022 6,060
October 1- Chirikof (620). 0.1167 6,451 753
November 1.
Kodiak (630)... 0.2028 7,820 1,586
Annual.......... WYK (640)...... 0.3495 2,686 939
SEO (650)...... 0.3495 9,245 3,231
Pacific cod.................. A Season \1\.... W inshore...... 0.1365 13,877 1,894
January 1-June W offshore..... 0.1026 1,542 158
10.
C inshore...... 0.0689 24,583 1,694
C offshore..... 0.0721 2,731 197
B Season\2\..... W inshore...... 0.1365 9,252 1,263
September 1- W offshore..... 0.1026 1,028 105
December 31.
[[Page 76366]]
C inshore...... 0.0689 16,389 1,129
C offshore..... 0.0721 1,821 131
Annual.......... E inshore...... 0.0079 1,983 16
E offshore..... 0.0078 220 2
Sablefish.................... Annual, trawl W.............. 0.0000 298 0
gear.
C.............. 0.0642 808 52
E.............. 0.0433 189 8
Flatfish, deep-water......... Annual.......... W.............. 0.0000 530 0
C.............. 0.0647 2,928 189
E.............. 0.0128 2,867 37
Flatfish, shallow-water...... Annual.......... W.............. 0.0156 4,500 70
C.............. 0.0587 13,000 763
E.............. 0.0126 2,562 32
Rex sole..................... Annual.......... W.............. 0.0007 1,521 1
C.............. 0.0384 6,312 242
E.............. 0.0029 1,759 5
Arrowtooth flounder.......... Annual.......... W.............. 0.0021 8,000 17
C.............. 0.0280 30,000 840
E.............. 0.0002 5,000 1
Flathead sole................ Annual.......... W.............. 0.0036 2,000 7
C.............. 0.0213 5,000 107
E.............. 0.0009 3,576 3
Pacific ocean perch.......... Annual.......... W.............. 0.0023 2,797 6
C.............. 0.0748 10,377 776
E.............. 0.0466 3,819 178
Northern rockfish............ Annual.......... W.............. 0.0003 2,549 1
C.............. 0.0277 2,259 63
Rougheye rockfish............ Annual.......... W.............. 0.0000 81 0
C.............. 0.0237 869 21
E.............. 0.0124 363 5
Shortraker rockfish.......... Annual.......... W.............. 0.0000 134 0
C.............. 0.0218 325 7
E.............. 0.0110 455 5
Other rockfish............... Annual.......... W.............. 0.0034 212 1
C.............. 0.1699 507 86
E.............. 0.0000 473 0
Pelagic shelf rockfish....... Annual.......... W.............. 0.0001 607 0
C.............. 0.0000 3,035 0
E.............. 0.0067 1,085 7
Demersal shelf rockfish...... Annual.......... SEO............ 0.0020 295 1
Thornyhead rockfish.......... Annual.......... W.............. 0.0280 425 12
C.............. 0.0280 637 18
E.............. 0.0280 708 20
Atka mackerel................ Annual.......... Gulfwide....... 0.0309 2,000 62
Big skates................... Annual.......... W.............. 0.0063 598 4
C.............. 0.0063 2,049 13
E.............. 0.0063 681 4
Longnose skates.............. Annual.......... W.............. 0.0063 81 0
C.............. 0.0063 2,009 13
E.............. 0.0063 762 5
Other skates................. Annual.......... Gulfwide....... 0.0063 2,093 13
Sharks....................... Annual.......... Gulfwide....... 0.0063 957 6
Squids....................... Annual.......... Gulfwide....... 0.0063 1,148 7
Sculpin...................... Annual.......... Gulfwide....... 0.0063 4,746 30
Octopuses.................... Annual.......... Gulfwide....... 0.0063 224 1
----------------------------------------------------------------------------------------------------------------
\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.
Non-Exempt AFA Catcher Vessel Halibut PSC Limits
The halibut PSC sideboard limits for non-exempt AFA CVs in the GOA
are based on the aggregate retained groundfish catch by non-exempt AFA
CVs in each PSC target category from 1995 through 1997 divided by the
retained catch of all vessels in that fishery from 1995 through 1997
(Sec. 679.64(b)(4)). Table 13 lists the proposed 2011 and 2012 non-
exempt AFA CV halibut PSC limits for vessels using trawl gear in the
GOA.
[[Page 76367]]
Table 13--Proposed 2011 and 2012 Non-Exempt American Fisheries Act Catcher Vessel Halibut Prohibited Species
Catch (PSC) Limits for Vessels using Trawl Gear in the GOA
[Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
Ratio of 1995-
1997 non-exempt Proposed 2011
AFA CV retained Proposed 2011 and 2012 non-
Season Season dates Target fishery catch to total and 2012 PSC exempt AFA CV
retained catch limit PSC limit
----------------------------------------------------------------------------------------------------------------
1..................... January 20-April shallow-water... 0.340 450 153
1.
deep-water...... 0.070 100 7
2..................... April 1-July 1.. shallow-water... 0.340 100 34
deep-water...... 0.070 300 21
3..................... July 1-September shallow-water... 0.340 200 68
1.
deep-water...... 0.070 400 28
4..................... September 1- shallow-water... 0.340 150 51
October 1.
deep-water...... 0.070 0 0
5..................... October 1- all targets..... 0.205 300 62
December 31.
----------------------------------------------------------------------------------------------------------------
Non-AFA Crab Vessel Groundfish Sideboard Limits
Section 680.22 establishes groundfish catch limits for vessels with
a history of participation in the Bering Sea snow crab fishery to
prevent these vessels from using the increased flexibility provided by
the Crab Rationalization Program to expand their level of participation
in the GOA groundfish fisheries. Sideboard limits restrict these
vessels' catch to their collective historical landings in all GOA
groundfish fisheries (except the fixed-gear sablefish fishery).
Sideboard limits also apply to landings made using a License Limitation
Program (LLP) license derived from the history of a restricted vessel,
even if that LLP is used on another vessel.
Sideboard limits for non-AFA crab vessels operating in the GOA are
based on their traditional harvest levels of TAC in groundfish
fisheries covered by the FMP. Section 680.22(d) and (e) base the
groundfish sideboard limits in the GOA on the retained catch by non-AFA
crab vessels of each sideboard species from 1996 through 2000 divided
by the total retained harvest of that species over the same period.
Table 14 lists these proposed 2011 and 2012 groundfish sideboard
limitations for non-AFA crab vessels. All targeted or incidental catch
of sideboard species made by non-AFA crab vessels will be deducted from
the sideboard limits in Table 14.
Vessels exempt from Pacific cod sideboards are those that landed
less than 45,359 kilograms of Bering Sea snow crab and more than 500 mt
of groundfish (in round weight equivalents) from the GOA between
January 1, 1996, and December 31, 2000, and any vessel named on an LLP
that was based in whole or in part on the fishing history of a vessel
meeting the criteria in Sec. 680.22(a)(3).
Table 14--Proposed 2011 and 2012 GOA Non-American Fisheries Act Crab Vessel Groundfish Harvest Sideboard Limits
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Ratio of 1996- Proposed 2011
2000 non-AFA and 2012 non-
crab vessel Proposed 2011 AFA crab
Species Season/gear Area/component catch to 1996- and 2012 TACs vessel
2000 total sideboard
harvest limit
----------------------------------------------------------------------------------------------------------------
Pollock...................... A Season........ Shumagin (610). 0.0098 7,342 72
January 20-March
10.
Chirikof (620). 0.0031 11,129 34
Kodiak (630)... 0.0002 5,823 1
B Season........ Shumagin (610). 0.0098 7,342 72
March 10-May 31.
Chirikof (620). 0.0031 13,128 41
Kodiak (630)... 0.0002 3,824 1
C Season........ Shumagin (610). 0.0098 10,022 98
August 25-
October 1.
Chirikof (620). 0.0031 6,451 20
Kodiak (630)... 0.0002 7,820 2
D Season........ Shumagin (610). 0.0098 10,022 98
October 1-
November 1.
Chirikof (620). 0.0031 6,451 20
Kodiak (630)... 0.0002 7,820 2
Annual.......... WYK (640)...... 0.0000 2,686 0
SEO (650)...... 0.0000 9,245 0
Pacific cod.................. A Season\1\..... W inshore...... 0.0902 13,877 1,252
January 1-June
10.
W offshore..... 0.2046 1,542 315
C inshore...... 0.0383 24,583 942
C offshore..... 0.2074 2,731 566
[[Page 76368]]
B Season\2\..... W inshore...... 0.0902 9,252 835
September 1-
December 31.
W offshore..... 0.2046 1,028 210
C inshore...... 0.0383 16,389 628
C offshore..... 0.2074 1,821 378
Annual.......... E inshore...... 0.0110 1,983 22
E offshore..... 0.0000 220 0
Sablefish.................... Annual, trawl W.............. 0.0000 298 0
gear.
C.............. 0.0000 808 0
E.............. 0.0000 188 0
Flatfish, deep-water......... Annual.......... W.............. 0.0035 530 2
C.............. 0.0000 2,928 0
E.............. 0.0000 2,867 0
Flatfish, shallow-water...... Annual.......... W.............. 0.0059 4,500 27
C.............. 0.0001 13,000 1
E.............. 0.0000 2,562 0
Rex sole..................... Annual.......... W.............. 0.0000 1,521 0
C.............. 0.0000 6,312 0
E.............. 0.0000 1,759 0
Arrowtooth flounder.......... Annual.......... W.............. 0.0004 8,000 3
C.............. 0.0001 30,000 3
E.............. 0.0000 5,000 0
Flathead sole................ Annual.......... W.............. 0.0002 2,000 0
C.............. 0.0004 5,000 2
E.............. 0.0000 3,576 0
Pacific ocean perch.......... Annual.......... W.............. 0.0000 2,797 0
C.............. 0.0000 10,377 0
E.............. 0.0000 3,819 0
Northern rockfish............ Annual.......... W.............. 0.0005 2,549 1
C.............. 0.0000 2,259 0
Rougheye rockfish............ Annual.......... W.............. 0.0067 81 1
C.............. 0.0047 869 4
E.............. 0.0008 363 0
Shortraker rockfish.......... Annual.......... W.............. 0.0013 134 0
C.............. 0.0012 325 0
E.............. 0.0009 455 0
Other rockfish............... Annual.......... W.............. 0.0035 212 1
C.............. 0.0033 507 2
E.............. 0.0000 473 0
Pelagic shelf rockfish....... Annual.......... W.............. 0.0017 607 1
C.............. 0.0000 3,035 0
E.............. 0.0000 1,085 0
Demersal shelf rockfish...... Annual.......... SEO............ 0.0000 295 0
Thornyhead rockfish.......... Annual.......... W.............. 0.0047 425 2
C.............. 0.0066 637 4
E.............. 0.0045 708 3
Atka mackerel................ Annual.......... Gulfwide....... 0.0000 2,000 0
Big skate.................... Annual.......... W.............. 0.0392 598 23
C.............. 0.0159 2,049 33
E.............. 0.0000 681 0
Longnose skate............... Annual.......... W.............. 0.0392 81 3
C.............. 0.0159 2,009 32
E.............. 0.0000 762 0
Other skates................. Annual.......... Gulfwide....... 0.0176 2,093 37
Sharks....................... Annual.......... Gulfwide....... 0.0176 957 17
Squids....................... Annual.......... Gulfwide....... 0.0176 1,148 20
Octopuses.................... Annual.......... Gulfwide....... 0.0176 224 4
Sculpins..................... Annual.......... Gulfwide....... 0.0176 4,746 84
----------------------------------------------------------------------------------------------------------------
\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.
[[Page 76369]]
Rockfish Program Groundfish Sideboard Limitations and Halibut Mortality
Limitations
Section 679.82(d) establishes sideboards to limit the ability of
participants eligible for the Rockfish Program to harvest fish in
fisheries other than the Central GOA rockfish fisheries. The Rockfish
Program provides harvesters with certain economic advantages, which
could be used to increase their participation in other fisheries and
possibly adversely affect the existing participants in those fisheries.
Traditionally, the Central GOA rockfish fisheries opened in July. The
sideboards are designed to restrict fishing during the historical
season for the fishery, but allow eligible rockfish harvesters to
participate in fisheries before or after the historical rockfish
season.
The proposed sideboards for 2011 limit the total amount of catch
that could be taken by eligible harvesters and limit the amount of
halibut mortality to historic levels. The sideboard measures are in
effect only during the month of July. Table 15 lists the proposed 2011
Rockfish Program harvest limits in the WYK District and the Western
GOA. Table 16 lists the proposed 2011 Rockfish Program halibut
mortality limits for C/Ps and CVs.
As discussed earlier in this preamble, the Rockfish Program will
expire in December 2011. The Council has proposed a new, revised
program and associated FMP amendment. NMFS is developing a rulemaking
to implement the program, if approved by the Secretary. The proposed
rule and, if approved, the final rule for the new Rockfish Program will
include revised groundfish sideboards and halibut mortality limits for
2012. Because the current Rockfish Program expires at the end of 2011,
these harvest specifications propose groundfish sideboards and halibut
mortality limits only for 2011.
Table 15--Proposed 2011 Rockfish Program Harvest Limits by Sector for West Yakutat District and Western GOA by
the Catcher/Processor (CP) and Catcher Vessel (CV) Sectors
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Proposed Proposed
CP sector CV sector Proposed 2011 and 2011 and
Area Fishery (% of TAC) (% of TAC) 2011 and 2012 CP 2012 CV
2012 TACs limit limit
----------------------------------------------------------------------------------------------------------------
West Yakutat District........ Pelagic shelf 72.4 1.7 405 293 7
rockfish.
Pacific ocean 76.0 2.9 1,937 1,472 56
perch.
Western GOA.................. Pelagic shelf 63.3 0 607 384 0
rockfish.
Pacific ocean 61.1 0 2,797 1,709 0
perch.
Northern 78.9 0 2,549 2,011 0
rockfish.
----------------------------------------------------------------------------------------------------------------
Table 16--Proposed 2011 Rockfish Program Halibut Mortality Limits for the Catcher/Processor and Catcher Vessel
Sectors
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Shallow- Annual
water Deep-water shallow- Annual deep-
complex complex Annual water water
Sector halibut PSC halibut PSC halibut complex complex
sideboard sideboard mortality halibut PSC halibut PSC
ratio ratio limit (mt) sideboard sideboard
(percent) (percent) limit (mt) limit (mt)
----------------------------------------------------------------------------------------------------------------
Catcher/processor.............................. 0.54 3.99 2,000 11 80
Catcher vessel................................. 6.32 1.08 2,000 126 22
----------------------------------------------------------------------------------------------------------------
GOA Amendment 80 Vessel Groundfish Harvest and PSC Limits
Amendment 80 to the Fishery Management Plan for Groundfish of the
Bering Sea and Aleutian Islands Management Area (Amendment 80 program)
established a limited access privilege program for the non-AFA trawl CP
sector. To limit the ability of participants eligible for the Amendment
80 program to expand their harvest efforts in the GOA, the Amendment 80
program established groundfish and halibut PSC limits for Amendment 80
program participants.
Section 679.92 establishes groundfish harvesting sideboard limits
on all Amendment 80 program vessels, other than the F/V GOLDEN FLEECE,
to amounts no greater than the limits shown in Table 37 to part 679.
Under regulations at Sec. 679.92(d), the F/V GOLDEN FLEECE is
prohibited from directed fishing for pollock, Pacific cod, Pacific
ocean perch, pelagic shelf rockfish, and northern rockfish in the GOA.
Groundfish sideboard limits for Amendment 80 program vessels
operating in the GOA are based on their average aggregate harvests from
1998 to 2004. Table 17 lists the proposed 2011 and 2012 sideboard
limits for Amendment 80 program vessels. All targeted or incidental
catch of sideboard species made by Amendment 80 program vessels will be
deducted from the sideboard limits in Table 17.
[[Page 76370]]
Table 17--Proposed 2011 and 2012 GOA Groundfish Sideboard Limits for Amendment 80 Vessels
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ratio of Proposed 2011
Amendment 80 Proposed 2011 and 2012
Species Apportionments and Area sector vessels and 2012 TAC Amendment 80
allocations by season 1998-2004 catch (mt) vessel
to TAC sideboards (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock................................. A Season................... Shumagin (610)............. 0.003 7,342 22
January 20-February 25..... Chirikof (620)............. 0.002 11,129 22
Kodiak (630)............... 0.002 5,823 12
B Season................... Shumagin (610)............. 0.003 7,342 22
March 10-May 31............ Chirikof (620)............. 0.002 13,128 26
Kodiak (630)............... 0.002 3,824 8
C Season................... Shumagin (610)............. 0.003 10,022 30
August 25-September 15..... Chirikof (620)............. 0.002 6,451 13
Kodiak (630)............... 0.002 7,820 16
D Season................... Shumagin (610)............. 0.003 10,022 30
October 1-November 1....... Chirikof (620)............. 0.002 6,451 13
Kodiak (630)............... 0.002 7,820 16
Annual..................... WYK (640).................. 0.002 2,686 5
Pacific cod............................. A Season \1\............... W.......................... 0.020 15,419 308
January 1-June 10.......... C.......................... 0.044 27,314 1,202
B Season \2\............... W.......................... 0.020 10,280 206
September 1-December 31.... C.......................... 0.044 18,210 801
Annual..................... WYK........................ 0.034 2,203 75
Pacific ocean perch..................... Annual..................... W.......................... 0.994 2,797 2,780
WYK........................ 0.961 1,937 1,861
Northern rockfish....................... Annual..................... W.......................... 1.000 2,549 2,549
Pelagic shelf rockfish.................. Annual..................... W.......................... 0.764 607 464
WYK........................ 0.896 405 363
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.
The PSC sideboard limits for Amendment 80 program vessels in the
GOA are based on the historic use of halibut PSC by Amendment 80
program vessels in each PSC target category from 1998 through 2004.
These values are slightly lower than the average historic use to
accommodate two factors: Allocation of halibut PSC cooperative quota
under the Central GOA Rockfish Program and the exemption of the F/V
GOLDEN FLEECE from this restriction. Table 18 lists the proposed 2011
and 2012 halibut PSC limits for Amendment 80 program vessels, as
proscribed at Table 38 to 50 CFR part 679.
Table 18--Proposed 2011 and 2012 Halibut Prohibited Species Catch (PSC) Limits for Amendment 80 Vessels in the GOA
[Values are rounded to nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Historic
amendment 80 use Proposed 2011
of the annual Proposed 2011 and 2012
Season Season dates Target fishery halibut PSC and 2012 annual Amendment 80
limit catch PSC limit (mt) vessel PSC limit
(ratio) (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1....................................... January 20-April 1......... shallow-water.............. 0.0048 2,000 10
deep-water................. 0.0115 2,000 23
2....................................... April 1-July 1............. shallow-water.............. 0.0189 2,000 38
deep-water................. 0.1072 2,000 214
3....................................... July 1-September 1......... shallow-water.............. 0.0146 2,000 29
deep-water................. 0.0521 2,000 104
4....................................... September 1-October 1...... shallow-water.............. 0.0074 2,000 15
deep-water................. 0.0014 2,000 3
5....................................... October 1-December 31...... shallow-water.............. 0.0227 2,000 45
deep-water................. 0.0371 2,000 74
--------------------------------------------------------------------------------------------------------------------------------------------------------
Classification
NMFS has determined that the proposed harvest specifications are
consistent with the FMP and preliminarily determined that the proposed
harvest specifications are consistent with the Magnuson-Stevens Act and
other applicable laws.
This action is authorized under 50 CFR 679.20 and is exempt from
review under Executive Order 12866.
NMFS prepared an EIS for this action and made it available to the
public on January 12, 2007 (72 FR 1512). On February 13, 2007, NMFS
issued the Record of Decision for the EIS. Copies of the EIS and Record
of Decision for this action are available from NMFS (see ADDRESSES).
The EIS analyzes the environmental consequences of the
[[Page 76371]]
proposed groundfish harvest specifications and its alternatives on
resources in the action area. The EIS found no significant
environmental consequences from the proposed action or its
alternatives.
NMFS also prepared an Initial Regulatory Flexibility Analysis
(IRFA) as required by section 603 of the Regulatory Flexibility Act.
The IRFA evaluated the impacts on small entities of alternative harvest
strategies for the groundfish fisheries in the EEZ off Alaska. The IRFA
analyzed the methodology for establishing the relevant TACs. As set
forth in the methodology, TACs are set to a level that fall within the
range of ABCs recommended by the SSC; the sum of the TACs must achieve
optimum yield specified in the FMP. While the specific numbers that the
methodology may produce vary from year to year, the methodology itself
remains constant. Accordingly, NMFS is using the IRFA prepared for the
EIS in association with this action. Pursuant to sections 3.2.3 and
3.2.4 of the FMP, the established methodology produces ABCs and TACs
within specified ranges and the numbers in this proposed rule's
preferred alternative are within those ranges. NMFS published a notice
of the availability of the IRFA and its summary in the classification
section of the proposed harvest specifications for the groundfish
fisheries in the GOA in the Federal Register on December 15, 2006 (71
FR 75460).
A description of the proposed action, why it is being considered,
and the legal basis for this proposed action are contained in the
preamble above. A copy of the analysis is available from NMFS (see
ADDRESSES). A summary of the IFRA prepared in association with the 2007
harvest specifications EIS follows.
The action under consideration is a harvest strategy to govern the
catch of groundfish in the GOA. The preferred alternative is the
existing harvest strategy in which TACs fall within the range of ABCs
recommended by the SSC. This action is taken in accordance with the FMP
prepared by the Council pursuant to the Magnuson-Stevens Act.
The directly regulated small entities include approximately 747
small CVs and fewer than 20 small C/Ps. The entities directly regulated
by this action are those that harvest groundfish in the exclusive
economic zone of the GOA, and in parallel fisheries within State of
Alaska waters. These include entities operating CVs and C/Ps within the
action area, and entities receiving direct allocations of groundfish.
Catcher vessels and C/Ps were considered to be small entities if they
had annual gross receipts of $4 million per year or less from all
economic activities, including the revenue of their affiliated
operations. Data from 2005 were the most recent available and were used
to determine the number of small entities.
Estimates of first wholesale gross revenues for the GOA were used
as indices of the potential impacts of the alternative harvest
strategies on small entities. An index of revenues was projected to
decline under the preferred alternative due to declines in ABCs for key
species in the GOA. The index of revenues declined by less than 4
percent between 2006 and 2007 and by less than one percent between 2006
and 2008.
The preferred alternative (Alternative 2) was compared to four
other alternatives. These included Alternative 1, which would have set
TACs to generate fishing rates equal to the maximum permissible ABC (if
the full TAC were harvested), unless the sum of TACs exceeded the GOA
OY, in which case harvests would be limited to the OY. Alternative 3
would have set TACs to produce fishing rates equal to the most recent
five-year average fishing rate. Alternative 4 would have set TACs to
equal the lower limit of the GOA OY range. Alternative 5 would have set
TACs equal to zero. Alternative 5 is the ``no action'', or status quo,
alternative.
Alternatives 3, 4, and 5 were all associated with smaller levels
for important fishery TACs than Alternative 2. Estimated total first
wholesale gross revenues were used as an index of potential adverse
impacts to small entities. As a consequence of the lower TAC levels,
Alternatives 3, 4, and 5 all had smaller first wholesale revenue
indices than Alternative 2. Thus, Alternatives 3, 4, and 5 had greater
adverse impacts on small entities. Alternative 1 appeared to generate
higher values of the gross revenue index for fishing operations in the
GOA than Alternative 2. A large part of the Alternative 1 GOA revenue
appeared to be due to the assumption that the full Alternative 1 TAC
would be harvested. Much of the larger revenue was due to increases in
flatfish TACs that were much greater for Alternative 1 than for
Alternative 2. In recent years, halibut bycatch constraints in these
fisheries have kept actual flatfish catches from reaching Alternative 1
levels. Therefore, a large part of the revenues associated with
Alternative 1 are unlikely to occur. Also, Alternative 2 TACs are
constrained by the ABCs that the Plan Teams and SSC are likely to
recommend to the Council on the basis of a full consideration of
biological issues. These ABCs are often less than Alternative 1's
maximum permissible ABCs; therefore higher TACs under Alternative 1 may
not be consistent with prudent biological management of the resource.
For these reasons, Alternative 2 is the preferred alternative.
NMFS also prepared a supplemental IRFA (SIRFA) to specifically
evaluate the proposed specification of separate OFLs and TACs for
sharks, octopus, squid, and sculpins in the GOA, consistent with the
previously selected harvest strategy, the tier system in the FMP,
Amendment 87 to the FMP, the Magnuson-Stevens Act, and other applicable
law (see ADDRESSES). Amendment 87 to the FMP was approved by NMFS on
September 22, 2010. The SIRFA augments the IRFA prepared in connection
with the 2007 Alaska Groundfish Harvest Specification EIS.
NMFS does not anticipate that the specification of TACs for
sculpins will have any additional economic impacts on small entities
beyond those impacts analyzed in the existing harvest specification
IRFA because the proposed OFL and ABC are relatively large compared to
recent historical catches.
In contrast, the proposed OFLs and TACs for sharks, octopuses, and
squids could potentially result in some vessels choosing to shift the
timing or location of their fishing activity in an effort to avoid high
rates of incidental catch in an effort to avert the imposition of
inseason management measures by NMFS to avoid overfishing. The impact
of efforts undertaken by the fleet to avoid reaching the TAC and the
potential closures that may follow are difficult to predict and would
depend on the timing and location of incidental catches and the
specific steps taken by the fleet to reduce the rate of incidental
catch. Generally, however, the impact on these operations may be some
combination of increased costs and/or decreased gross revenues as
further described below.
The 2009 Economic Status of Groundfish Fisheries Off Alaska report,
prepared in conjunction with the 2009 SAFE report (see ADDRESSES),
identifies 702 small groundfish entities operating in the GOA, with
average revenues from all sources of about $600,000. Most of these
(697) are CVs. A majority of the CVs, 520, use hook-and-line gear and
have average revenues of about $490,000, 73 are trawlers with average
revenues of about $1.27 million, and 142 are pot vessels with average
revenues of $850,000. There were five CPs, mostly hook-and-line
vessels, with average gross revenues of about $1.52 million. The 2009
SAFE report may
[[Page 76372]]
overstate the number of small entities, because it considers individual
vessel gross revenues, but does not capture affiliations among vessels.
All of these small entities would be directly regulated by the proposed
action. As described below, however, certain small entities may be more
likely than others to be adversely affected by the proposed action as a
result of potential impacts associated with the incidental catch of
sharks, octopus or squid in other target fisheries.
Sharks are incidentally caught in a large number of separate
groundfish fisheries, with over half of the catch reported from
fisheries using hook-and-line gear. There were an estimated 270 small
sablefish hook-and-line vessels with an estimated average gross revenue
from all sources of $770,000, an estimated 128 Pacific cod hook-and-
line vessels with an average gross of $590,000, an estimated 21 small
pelagic pollock trawlers with average gross revenues of about $1.02
million, five non-pelagic trawlers targeting arrowtooth flounder with
average gross revenues of about $580,000, and five non-pelagic trawlers
targeting shallow water flatfish with average gross revenues of about
$650,000.
Most of the octopus catch occurs in the pot gear fishery for
Pacific cod. There are an estimated 132 small vessels in this fishery,
with estimated average gross revenues from all sources of about
$880,000.
Almost all squid is caught in the pollock trawl fishery. Twenty-one
small pollock vessels participate in this fishery with average gross
revenues of about $1.02 million.
NMFS considered several alternatives to the proposed action of
specifying separate OFLs and TACS for GOA sculpins, sharks, octopus,
and squid species complexes. However, each of these alternatives has
been eliminated from further consideration because it either does not
minimize significant economic impacts on a substantial number of small
entities or does not accomplish the stated objectives of, or is in
conflict with the requirements of, applicable statutes.
The proposed action is intended to fulfill the agency's mandate to
establish catch limits that are based on the best available scientific
information, and which will achieve optimum yield while preventing
overfishing. The proposed action is the alternative that is both
consistent with the agency's obligations under the Magnuson-Stevens
Fishery Conservation and Management Act and the FMP and minimizes the
likelihood that the specification of TACs and OFLs for the sculpins,
sharks, octopus, and squid species complexes will adversely affect
small entities.
NMFS considered dividing the TACs for each of the species complexes
among different regulatory areas in the GOA. Any such further division
of the TACs would not change the total TACs for each species complex in
the GOA as a whole. However, the incidental catch of fishing vessels
that operate within each of the regulatory areas would be counted
against a reduced TAC and OFL, which would increase the likelihood that
the TAC or OFL would be reached and that one or more area closures may
be triggered.
NMFS considered excusing small entities from compliance with the
TACs for each of the species complexes evaluated in this SIRFA.
However, the Magnuson-Stevens Act requires NMFS to implement
conservation and management measures that prevent overfishing.
Authorizing unlimited incidental catch of these species complexes by
small entities would present an unacceptable risk of overfishing, and
would not be consistent with the agency's obligations under Magnuson-
Stevens Act, nor with the requirements of the Council's FMP.
In order to minimize the economic impacts of the proposed action,
NMFS considered allocating relatively large portions of the TACs for
each of the species complexes to potentially affected small entities.
However, any such allocation, which would be motivated solely by
economic considerations under the RFA, would not be consistent with
National Standard 5, which states that ``no [conservation and
management measure] shall have economic allocation as its sole
purpose.'' 16 U.S.C. 1851(a)(5).
Finally, NMFS considered establishing a single group TAC for all
four of the species complexes in the GOA, which would substantially
reduce the likelihood that incidental catch would reach or exceed the
TAC or OFL and result in area closures of target fisheries. However,
the establishment of a stock complex comprised of species with such
disparate life histories would not be consistent with the statutory
requirement to establish catch limits that prevent overfishing for
stocks in the fishery, nor with the Council's intent in enacting
Amendments 87.
This action does not modify recordkeeping or reporting
requirements, or duplicate, overlap, or conflict with any Federal
rules.
Adverse impacts on marine mammals resulting from fishing activities
conducted under this rule are discussed in the EIS (see ADDRESSES).
Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 1540(f); 16 U.S.C.
1801 et seq.; 16 U.S.C. 3631 et seq.; Pub. L. 105-277; Pub. L. 106-
31; Pub. L. 106-554; Pub. L. 108-199; Pub. L. 108-447; Pub. L. 109-
241; Pub. L. 109-479.
Dated: December 2, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 2010-30686 Filed 12-7-10; 8:45 am]
BILLING CODE 3510-22-P