[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Proposed Rules]
[Pages 76372-76392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30692]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No.: 101126521-0521-02]
RIN 0648-XZ90
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands; 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.
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SUMMARY: NMFS proposes 2011 and 2012 harvest specifications and
prohibited species catch (PSC) allowances for the groundfish fisheries
of the Bering Sea and Aleutian Islands (BSAI) management area. This
action is necessary to establish harvest limits for groundfish during
the 2011 and 2012 fishing years, and to accomplish the goals and
objectives of the Fishery Management Plan for Groundfish of the Bering
Sea and Aleutian Islands Management Area. The intended effect of this
action is to conserve and manage the groundfish resources in the BSAI
in accordance with the Magnuson-Stevens Fishery Conservation and
Management Act.
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-
XZ90, by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the
[[Page 76373]]
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. Comments 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
Bering Sea and Aleutian Islands, 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 2010 SAFE report for the BSAI will be available from the same
sources in mid-November 2010.
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.
SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR part 679
implement the Fishery Management Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area (FMP) and govern the groundfish
fisheries in the BSAI. The Council prepared the FMP and NMFS approved
it under the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act). General regulations governing U.S. fisheries
also appear at 50 CFR part 600.
The FMP and its implementing regulations require NMFS, after
consultation with the Council, to specify annually the total allowable
catch (TAC) for each target species category, the sum of which must be
within the optimum yield range of 1.4 million to 2.0 million metric
tons (mt) (see Sec. 679.20(a)(1)(i)). Section 679.20(c)(1) further
requires NMFS to publish proposed harvest specifications in the Federal
Register and solicit public comments on proposed annual TACs and
apportionments thereof, prohibited species catch (PSC) allowances,
prohibited species quota (PSQ) reserves established by Sec. 679.21,
seasonal allowances of pollock, Pacific cod, and Atka mackerel TAC,
American Fisheries Act allocations, Amendment 80 allocations, and
Community Development Quota (CDQ) reserve amounts established by Sec.
679.20(b)(1)(ii). The proposed harvest specifications set forth in
Tables 1 through 12 of this action satisfy these requirements.
Under Sec. 679.20(c)(3), NMFS will publish the final harvest
specifications for 2011 and 2012 after (1) considering comments
received within the comment period (see DATES), (2) consulting with the
Council at its December 2010 meeting, and (3) considering new
information presented in the final 2010 SAFE reports 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 Amendments 95 and 96 to
the FMP on October 6, 2010 (75 FR 61639), effective November 5, 2010.
Amendments 95 and 96 move sculpins, skates, sharks, and octopuses from
the ``other species'' category to the ``target species'' category in
the BSAI and eliminate the ``other species'' category in the FMP.
Amendment 96 revises the FMP to meet the National Standard 1 guidelines
for annual catch limits and accountability measures, and requires that
overfishing levels (OFLs), acceptable biological catches (ABCs), and
TACs be established for sculpins, skates, sharks, and octopuses as part
of the annual groundfish harvest specifications process. Based on the
2009 SAFE report NMFS proposes ABCs, TACs, and OFLs for sculpins,
skates, sharks, and octopuses listed in Table 1. At the November 2010
BSAI Groundfish Plan Team (Plan Team) meeting, the Plan Team
recommended that the SSC and Council adopt OFLs for octopuses and
sharks based upon the maximum catch from 1997 through 2007. This
alternative method of calculating OFLs varies from the default method
specified in the BSAI FMP for Tier 6 species (section 3.2.4). If
approved, the alternative method of calculating OFL may result in
higher harvest specification limits for sharks and octopuses.
Amendment 96 to the FMP is necessary to comply with Magnuson-
Stevens Act requirements associated with annual catch limits and
accountability measures, and revises how total annual groundfish
mortality is estimated and accounted for in the annual SAFE reports.
These revisions 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.
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 database 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 reports,
the development of an adequate methodology is ongoing and not fully
ready for use in the final SAFE reports. NMFS intends to have the
information available for the assessment cycle in the fall of 2011.
At the October 2010 meeting, the Council and the Scientific and
Statistical Committee (SSC) recommended separating Kamchatka flounder
from the arrowtooth flounder complex starting in the year 2011. As a
result, arrowtooth flounder and Kamchatka flounder will have separate
OFLs, ABCs, and TACs for 2011 and 2012. Section 305(i)(1)(1)(B)(ii)(II)
of the MSA addresses allocations to the CDQ Program. It requires ``the
allocation under the program in any directed fishery of the Bering Sea
and Aleutian
[[Page 76374]]
Islands (other than a fishery for halibut, sablefish, pollock and crab)
established after the date of enactment of this subclause shall be a
total allocation (directed and nontarget combined) of 10.7 percent.''
This requirement was added to the MSA through the Coast Guard and
Maritime Transportation Act of 2006 (Public Law 109-241), which was
signed by the President on July 11, 2006. Therefore, the creation of a
new TAC category for Kamchatka flounder in 2011 would require NMFS to
determine if an allocation of 10.7 percent of the Kamchatka flounder
TAC should be made to the CDQ Program. NMFS requests public comment on
the following proposal to allocate 10.7 percent of the Kamchatka
flounder TAC to the CDQ Program.
In the final 2007 and 2008 harvest specifications for groundfish of
the BSAI (72 FR 9451, March 2, 2007), NMFS explained the determination
that the term ``directed fishery'' for purposes of section 305(i)(1) of
the MSA means a fishery for which sufficient TAC exists to open a
directed fishery for that species or species group, and the species or
species group is economically valuable enough for the CDQ groups to
target them. For Kamchatka flounder sufficient TAC exists to open a
directed fishery for this species, the species is economically
valuable, directed fishing for Kamchatka flounder has been conducted in
the past, vessel harvesting groundfish on behalf of the CDQ groups have
retained catch reported under the combined species code for arrowtooth
flounder and Kamchatka flounder, observers onboard these vessels have
reported the retention of Kamchatka flounder, and NMFS expects that
vessel operators in the non-CDQ fisheries will conduct directed fishing
for Kamchatka flounder in the future. NMFS does not have sufficient
information at this time to determine if Kamchatka flounder is
economically valuable enough to the CDQ groups for them to target on
them or conduct directed fisheries for them in the future. Therefore,
based on the information available at this time, NMFS initially
proposes that Kamchatka flounder may meet the definition for a
``directed fishery'' under section 305(i)(1) and proposes to allocate
10.7 percent of the Kamchatka flounder TAC to the CDQ Program.
NMFS requests comment about the economic value of Kamchatka
flounder and whether the CDQ groups intend to conduct directed fishing
for Kamchatka flounder in the future. For the final 2011 and 2012
groundfish harvest specifications for the BSAI NMFS will consider
additional information provided about the proposed allocation of
Kamchatka flounder to the CDQ Program. Specifically, if NMFS receives
information that none of the CDQ groups intend to conduct directed
fishing for Kamchatka flounder, then NMFS would not allocate 10.7
percent of the Kamchatka flounder TAC to the CDQ Program. However, if
any one of the six CDQ groups intends to conduct directed fishing for
Kamchatka flounder, or if NMFS does not receive information that
demonstrates unanimity among the CDQ groups about the economic value of
Kamchatka flounder to the CDQ groups, NMFS would allocate 10.7 percent
of the TAC to the CDQ Program.
If an allocation of Kamchatka flounder is made to the CDQ Program
in the final 2011 and 2012 groundfish harvest specifications for the
BSAI, this CDQ reserve will be allocated among the CDQ groups using the
same percentage allocations currently used to allocate the arrowtooth
flounder complex among the CDQ groups. These percentage allocations are
shown in Table 1 of a notice published in the Federal Register on
August 31, 2006 (71 FR 51804). The current percentage allocations of
arrowtooth flounder among the CDQ groups would be used to allocate
Kamchatka flounder among the CDQ groups because the new TAC category is
being created by splitting Kamchatka flounder from the arrowtooth
flounder complex.
The SSC and the Council also recommended splitting the BSAI
rougheye/blackspotted rockfish complex ABC and TAC between the Bering
Sea subarea and the Aleutian Island subarea. At the November 2010
meeting, the Plan Team recommended splitting the BSAI rougheye/
blackspotted rockfish complex ABC and TAC into two areas, with the
first area being the Central Aleutian Islands and Western Aleutian
Islands subareas and the second area being the Eastern Aleutian Island
and Bering Sea subareas. The Council could choose either or none of
these proposals at its December 2010 meeting.
NMFS published a final rule to implement Amendment 91 to the FMP on
August 30, 2010 (75 FR 53026), effective September 29, 2010. Amendment
91 is a change in management of Chinook salmon bycatch in the Bering
Sea pollock fishery that combines a limit on the amount of Chinook
salmon that may be caught incidentally with incentive plan agreements
and performance standards. The final rule also removes from regulations
the 29,000 Chinook salmon PSC limit in the Bering Sea, the Chinook
Salmon Savings Areas in the Bering Sea, exemption from Chinook Salmon
Savings Area closures for participants in the voluntary rolling hotspot
system (VRHS) intercooperative agreement, and Chinook salmon as a
component of the VRHS intercooperative agreement. The final rule does
not change any regulations affecting the management of Chinook salmon
in the Aleutian Islands or non-Chinook salmon in the BSAI. The Council
is currently considering a separate action to modify the non-Chinook
salmon management measures to minimize non-Chinook salmon bycatch.
In 2010, NMFS completed a Section 7 formal consultation on the
effects of the authorization of the Alaska groundfish fisheries on
Endangered Species Act listed species under NMFS jurisdiction. The
consultation resulted in a biological opinion that determined that the
effects of the Alaska groundfish fisheries were likely to result in the
jeopardy of extinction and adverse modification of designated critical
habitat for the western distinct population segment of Steller sea
lions. The biological opinion contained a reasonable and prudent
alternative that requires changes to the BSAI Atka mackerel and
Aleutian Islands subarea Pacific cod fisheries to prevent the
likelihood of jeopardy of extinction or adverse modification of
critical habitat for Steller sea lions. A separate rulemaking for
implementation of the reasonable and prudent alternative is scheduled
to be effective by January 1, 2011. Changes to the harvest
specifications for Atka mackerel and Pacific cod that would be required
by the rule implementing the reasonable and prudent alternative are
described in the section for each of these target species and will
revise these proposed harvest specifications for Atka mackerel and
Pacific cod listed in Tables 1, 3, 4, 9, and 11.
Proposed ABC and TAC Harvest Specifications
The amounts proposed for the 2011 and 2012 harvest specifications
are based on the 2009 SAFE report and are subject to change in the
final harvest specifications to be published by NMFS following the
Council's December 2010 meeting. At that meeting the Council will
consider information contained in the final 2010 SAFE report,
recommendations from the Plan Team meeting, the December 2010
Scientific and Statistical Committee (SSC), the Advisory Panel (AP)
meetings, and public testimony in making its recommendations for the
final 2011 and 2012 harvest specifications.
At the October 2010 Council meeting, the Council, the Scientific
and Statistical Committee (SSC), and the Advisory Panel (AP) reviewed
most
[[Page 76375]]
recent biological and harvest information about the condition of
groundfish stocks in the BSAI. This information was initially compiled
by the Plan Team and presented in the final 2009 SAFE report for the
BSAI groundfish fisheries, dated November 2009 (see ADDRESSES). In
November 2010, the Plan Team updated the 2009 SAFE report to include
new information collected during 2010, such as revised stock
assessments and catch data. The Plan Team compiled this information and
produced the 2010 SAFE report. The Council will review the 2010 SAFE
report during the December 2010 Council meeting. At that meeting, the
Council will consider information contained in the 2010 SAFE report,
recommendations made by the Plan Team during its November 2010 meeting,
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
surveys, which provide updated estimates of stock biomass and spatial
distribution, and changes to the models used in the stock assessments.
Any new models were presented at the September Plan Team meeting and
reviewed by the SSC at the October 2010 Council meeting. In November
2010, the Plan Team will consider updated stock assessments for
pollock, Pacific cod, yellowfin sole, rock sole, Kamchatka flounder,
sharks, squid, sculpins, and octopus to be included in the final 2010
SAFE report. For the other groundfish stocks, the assessments will be
updated to include the most recent information, such as 2010 catch. The
final harvest specification amounts for these stocks are not expected
to vary greatly from the proposed specification amounts published here.
If the final 2010 SAFE report indicates that the stock biomass
trend is increasing for a species, then the final 2011 and 2012 harvest
specifications may reflect that increase from the proposed harvest
specifications. This currently is applicable to the following species:
pollock, Pacific cod, sablefish, Atka mackerel, yellowfin sole,
flathead sole, Pacific ocean perch, northern rockfish, shortraker
rockfish, other rockfish, octopus, sculpins, and skates. Conversely, if
the final 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. This is applicable to the following species: arrowtooth
flounder, Greenland turbot, rock sole, Alaska plaice, other flatfish,
and rougheye rockfish. The biomass trends for sharks and squid are
relatively level and stable. For Alaska plaice, natural mortality has
been re-estimated and this will likely result in a far smaller OFL and
ABC.
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 OFLs and ABCs. The formulas
applicable to a particular stock or stock complex are determined by the
level of reliable information available to fisheries scientists. This
information is categorized 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
lowest level of information quality available.
In October 2010, 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 11778). The exceptions to this are the establishment of
individual ABC and TAC amounts for sculpins, sharks, squid, and
octopuses per the Secretary's approval of Amendments 95 and 96 to the
FMP and separating Kamchatka flounder from the arrowtooth flounder
complex, 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 2,467,266 mt, which is higher than
the final 2010 ABC total of 2,121,880 mt (75 FR 11778, 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 sablefish, Atka mackerel, yellowfin sole,
Greenland turbot, Kamchatka flounder, ``other flatfish,'' Pacific ocean
perch, northern rockfish, shortraker rockfish, rougheye rockfish, other
rockfish, squid, sharks, skates, sculpins, and octopus. The Council
recommended proposed TACs for 2011 and 2012 that are less than the
proposed ABCs for pollock, Pacific cod, rock sole, arrowtooth flounder,
flathead sole, and Alaska plaice.
The proposed Bering Sea pollock TAC was reduced from the ABC to
accommodate fishing under a potential Exempted Fisheries Permit (EFP).
The Council likely will reconsider this reduction at its December 2010
meeting, given uncertainty of the deployment of the EFP and the fact
that any pollock mortality that occurs under an approved EFP would be
considered in the subsequent year's stock assessment as contemplated
under Amendment 96 to the FMP.
Section 679.20(a)(5)(iii)(B)(1) requires the Aleutian Islands
pollock TAC to be set at 19,000 mt when the Aleutian Islands pollock
ABC equals or exceeds 19,000 mt. The Bogoslof pollock TAC is set to
accommodate incidental catch amounts. The Pacific cod TAC is set to
accommodate the State of Alaska's (State) Aleutian Islands Pacific cod
guideline harvest level fishery so that the ABC is not exceeded. The
Alaska plaice, arrowtooth flounder, flathead sole, rock sole, and
sculpin TACs are set so that the sum of the overall TAC does not exceed
the BSAI optimum yield.
The proposed groundfish OFLs, ABCs and TACs are subject to change
pending the completion of the 2010 SAFE report and the Council's
recommendations for final 2011 and 2012 harvest specifications during
its December 2010 meeting. 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. Table 1 lists the proposed 2011 and 2012 OFL, ABC, TAC,
initial TAC (ITAC), and CDQ amounts for groundfish for the BSAI. The
proposed apportionment of TAC amounts among fisheries and seasons is
discussed below.
[[Page 76376]]
Table 1--Proposed 2011 and 2012 Overfishing Level (OFL), Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), and CDQ
Reserve Allocation of Groundfish in the BSAI\1\
[Amounts are in metric tons]
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Proposed 2011 and 2012
Species Area -------------------------------------------------------------------------------
OFL ABC TAC ITAC \2\ CDQ 3 4 5
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Pollock................................................. 2011 BS 1,220,000 1,110,000 1,107,000 996,300 110,700
2012 BS 1,220,000 1,110,000 1,105,000 994,500 110,500
AI 39,100 32,200 19,000 17,100 1,900
Bogoslof 22,000 156 75 10 ..............
Pacific cod \4\......................................... BSAI 251,000 214,000 207,580 185,369 22,211
Sablefish \5\........................................... BS 2,970 2,500 2,500 1,063 94
AI 2,200 1,860 1,860 434 38
Atka mackerel........................................... BSAI 76,200 65,000 65,000 58,045 6,955
EAI/BS .............. 20,900 20,900 18,664 2,236
CAI .............. 26,000 26,000 23,218 2,782
WAI .............. 18,100 18,100 16,163 1,937
Yellowfin sole.......................................... BSAI 227,000 213,000 213,000 190,209 22,791
Rock sole \6\........................................... BSAI 245,000 242,000 90,000 80,370 9,630
Greenland turbot........................................ BSAI 6,860 5,370 5,370 4,565 n/a
BS .............. 3,700 3,700 3,145 396
AI .............. 1,670 1,670 1,420 ..............
Arrowtooth flounder..................................... BSAI 167,400 139,300 60,000 51,000 6,420
Kamchatka flounder...................................... BSAI 23,600 17,700 17,700 15,045 1,894
Flathead sole \7\....................................... BSAI 81,800 68,100 60,000 53,580 6,420
Other flatfish \8\...................................... BSAI 23,000 17,300 17,300 14,705 ..............
Alaska plaice........................................... BSAI 314,000 248,000 40,000 34,000 ..............
Pacific ocean perch..................................... BSAI 22,200 18,680 18,680 16,518 n/a
BS .............. 3,790 3,790 3,222 ..............
EAI .............. 4,180 4,180 3,733 447
CAI .............. 4,230 4,230 3,777 453
WAI .............. 6,480 6,480 5,787 693
Northern rockfish....................................... BSAI 8,700 7,290 7,290 6,197 ..............
Shortraker rockfish..................................... BSAI 516 387 387 329 ..............
Rougheye rockfish \9\................................... BSAI 650 531 531 451 ..............
BS .............. 42 42 36 ..............
AI .............. 489 489 416 ..............
Other rockfish \10\..................................... BSAI 1,380 1,040 1,040 884 ..............
BS .............. 485 485 412 ..............
AI .............. 555 555 472 ..............
Squid................................................... BSAI 2,620 1,970 1,970 1,675 ..............
Sharks.................................................. BSAI 598 449 449 382 ..............
Skates.................................................. BSAI 35,900 30,000 30,000 25,500 ..............
Sculpins................................................ BSAI 51,300 30,200 30,035 25,530 ..............
Octopus................................................. BSAI 311 233 233 198 ..............
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2011 Total.......................................... .............. 2,826,305 2,467,266 1,997,000 1,779,457 189,148
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2012 Total.......................................... .............. 2,826,305 2,467,266 1,995,000 1,779,457 189,148
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\1\ These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these
harvest specifications, the Bering Sea (BS) subarea includes the Bogoslof District.
\2\ Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and Amendment 80 species, 15 percent of each TAC is
put into a reserve. The ITAC for these species is the remainder of the TAC after the subtraction of these reserves.
\3\ Under Sec. 679.20(a)(5)(i)(A)(1), the annual Bering Sea subarea pollock TAC, after subtracting first for the CDQ directed fishing allowance (10
percent) and second for the incidental catch allowance (4 percent), is further allocated by sector for a directed pollock fishery as follows: inshore--
50 percent; catcher/processor--40 percent; and motherships--10 percent. Under Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual Aleutian Islands
subarea pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (1,600
mt), is allocated to the Aleut Corporation for a directed pollock fishery.
\4\ The Pacific cod TAC is reduced by three percent from the ABC to account for the State guideline harvest level in State waters of the Aleutian
Islands subarea.
\5\ For the Amendment 80 species (Atka mackerel, Aleutian Islands Pacific ocean perch, yellowfin sole, rock sole, flathead sole, and Pacific cod), 10.7
percent of the TAC is reserved for use by CDQ participants (see Sec. Sec. 679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish TAC
allocated to hook-and-line gear or pot gear, 7.5 percent of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for Bering Sea
Greenland turbot and arrowtooth flounder are reserved for use by CDQ participants (see Sec. 679.20(b)(1)(ii)(B) and (D)). Aleutian Islands Greenland
turbot, ``other flatfish'', Alaska plaice, Bering Sea Pacific ocean perch, northern rockfish, shortraker rockfish, rougheye rockfish, ``other
rockfish'', squids, octopuses, skates, sculpins, and sharks are not allocated to the CDQ program.
\6\ ``Rock sole'' includes Lepidopsetta polyxystra (Northern rock sole) and Lepidopsetta bilineata (Southern rock sole).
\7\ ``Flathead sole'' includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
\8\ ``Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), arrowtooth flounder, flathead sole, Greenland turbot,
Kamchatka flounder, rock sole, and yellowfin sole.
\9\ ``Rougheye rockfish'' includes Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted).
\10\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, northern, shortraker, and rougheye rockfish.
[[Page 76377]]
Groundfish Reserves and the Incidental Catch Allowance (ICA) for
Pollock, Atka Mackerel, Flathead Sole, Rock Sole, Yellowfin Sole, and
Aleutian Islands Pacific Ocean Perch
Section 679.20(b)(1)(i) requires the placement of 15 percent of the
TAC for each target species category, except for pollock, the hook-and-
line and pot gear allocation of sablefish, and the Amendment 80
species, in a non-specified reserve. Section 679.20(b)(1)(ii)(B)
requires that 20 percent of the hook-and-line and pot gear allocation
of sablefish be allocated to the fixed gear sablefish CDQ reserve.
Section 679.20(b)(1)(ii)(D) requires that 7.5 percent of the trawl gear
allocations of sablefish--and 10.7 percent of Bering Sea Greenland
turbot, Kamchatka flounder, and arrowtooth flounder--be allocated to
the respective CDQ reserves. Section 679.20(b)(1)(ii)(C) requires that
10.7 percent of the TACs for Atka mackerel, Aleutian Islands Pacific
ocean perch, yellowfin sole, rock sole, flathead sole, and Pacific cod
be allocated to the CDQ reserves. Sections 679.20(a)(5)(i)(A) and
679.31(a) also require the allocation of 10 percent of the BSAI pollock
TACs to the pollock CDQ directed fishing allowance (DFA). The entire
Bogoslof District pollock TAC is allocated as an ICA (see Sec.
679.20(a)(5)(ii)). With the exception of the hook-and-line and pot gear
sablefish CDQ reserve, the regulations do not further apportion the CDQ
reserves by gear. Sections 679.30 and 679.31 set forth regulations
governing the management of the CDQ reserves.
Pursuant to Sec. 679.20(a)(5)(i)(A)(1), NMFS proposes a pollock
ICA of 4 percent of the Bering Sea subarea pollock TAC after
subtraction of the 10 percent CDQ reserve. This allowance is based on
NMFS' examination of the pollock incidental catch, including the
incidental catch by CDQ vessels, in target fisheries other than pollock
from 1999 through 2010. During this 12-year period, the pollock
incidental catch ranged from a low of 2.4 percent in 2006 to a high of
5 percent in 1999, with a 12-year average of 3.3 percent. Pursuant to
Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS proposes a pollock ICA
of 1,600 mt for the AI subarea after subtraction of the 10 percent CDQ
DFA. This allowance is based on NMFS' examination of the pollock
incidental catch, including the incidental catch by CDQ vessels, in
target fisheries other than pollock from 2003 through 2010. During this
8-year period, the incidental catch of pollock ranged from a low of 5
percent in 2006 to a high of 10 percent in 2003, with an 8-year average
of 7 percent.
Pursuant to Sec. 679.20(a)(8) and (10), NMFS proposes ICAs of
5,000 mt of flathead sole, 10,000 mt of rock sole, 2,000 mt of
yellowfin sole, 10 mt of Western Aleutian District Pacific ocean perch,
75 mt of Central Aleutian District Pacific ocean perch, 100 mt of
Eastern Aleutian District Pacific ocean perch, 40 mt for Western
Aleutian District Atka mackerel, 75 mt for Central Aleutian District
Atka mackerel, and 75 mt of Eastern Aleutian District and Bering Sea
subarea Atka mackerel after subtraction of the 10.7 percent CDQ
reserve. These allowances are based on NMFS' examination of the average
incidental catch in other target fisheries from recent years.
The regulations do not designate the remainder of the non-specified
reserve by species or species group. Any amount of the reserve may be
apportioned to a target species that contributed to the non-specified
reserve, provided that such apportionments do not result in overfishing
(see Sec. 679.20(b)(1)(i)).
Allocations of Pollock TAC Under the American Fisheries Act (AFA)
Section 679.20(a)(5)(i)(A) requires that the pollock TAC
apportioned to the Bering Sea subarea, after subtraction of 10 percent
for the CDQ program and 4 percent for the ICA, be allocated as a DFA as
follows: 50 percent to the inshore sector, 40 percent to the catcher/
processor sector, and 10 percent to the mothership sector. In the
Bering Sea subarea, 40 percent of the DFA is allocated to the A season
(January 20 to June 10) and 60 percent of the DFA is allocated to the B
season (June 10 to November 1) (Sec. 679.20(a)(5)(i)(B)). The AI
directed pollock fishery allocation to the Aleut Corporation is the
amount of pollock remaining in the AI subarea after subtracting 1,900
mt for the CDQ DFA (10 percent) and 1,600 mt for the ICA (Sec.
679.20(a)(5)(iii)(B)(2)(ii)). In the AI subarea, 40 percent of the ABC
is allocated to the A season and the remainder of the directed pollock
fishery is allocated to the B season. Table 2 lists these proposed 2011
and 2012 amounts.
Section 679.20(a)(5)(i)(A)(4) also includes several specific
requirements regarding Bering Sea subarea pollock allocations. First,
8.5 percent of the pollock allocated to the catcher/processor sector
will be available for harvest by AFA catcher vessels with catcher/
processor sector endorsements, unless the Regional Administrator
receives a cooperative contract that provides for the distribution of
harvest among AFA catcher/processors and AFA catcher vessels in a
manner agreed to by all members. Second, AFA catcher/processors not
listed in the AFA are limited to harvesting not more than 0.5 percent
of the pollock allocated to the catcher/processor sector. Tables 2a and
2b list the proposed 2011 and 2012 allocations of pollock TAC. Tables 9
through 12 list the AFA catcher/processor and catcher vessel harvesting
sideboard limits. In past years, the proposed harvest specifications
included text and tables describing pollock allocations to the Bering
Sea subarea inshore pollock cooperatives and open access sector. These
allocations are based on the submission of AFA inshore cooperative
applications due to NMFS on December 1 of each calendar year. Because
AFA inshore cooperative applications for 2011 have not been submitted
to NMFS, thereby preventing NMFS from calculating 2011 allocations,
NMFS has not included inshore cooperative text and tables in these
proposed harvest specifications. NMFS will post 2011 AFA inshore
cooperative allocations on the Alaska Region Web site at http://alaskafisheries.noaa.gov when they become available in December 2010.
Table 2 also lists proposed seasonal apportionments of pollock and
harvest limits within the Steller Sea Lion Conservation Area (SCA). The
harvest of pollock within the SCA, as defined at Sec.
679.22(a)(7)(vii), is limited to 28 percent of the DFA until April 1
(Sec. 679.20(a)(5)(i)(C)). The remaining 12 percent of the 40 percent
annual DFA allocated to the A season may be taken outside the SCA
before April 1 or inside the SCA after April 1. If less than 28 percent
of the annual DFA is taken inside the SCA before April 1, the remainder
will be available to be taken inside the SCA after April 1. The A
season pollock SCA harvest limit will be apportioned to each sector in
proportion to each sector's allocated percentage of the DFA. Tables 2a
and 2b list these proposed 2011 and 2012 amounts by sector.
[[Page 76378]]
Table 2a--Proposed 2011 Allocations of Pollock Tacs to the Directed Pollock Fisheries and to the CDQ Directed
Fishing Allowances (DFA) \1\
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2011 A season 2011 B season
2011 -------------------------------- \1\
Area and sector Allocations SCA harvest ---------------
A season DFA limit \2\ B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC.......................... 1,107,000 N/A N/A N/A
CDQ DFA......................................... 110,700 44,280 30,996 66,420
ICA \1\......................................... 39,852 N/A N/A N/A
AFA Inshore..................................... 478,224 191,290 133,903 286,934
AFA Catcher/Processors \3\...................... 382,579 153,032 107,122 229,548
Catch by C/Ps............................... 350,060 140,024 N/A 210,036
Catch by C/Vs \3\........................... 32,519 13,008 N/A 19,512
Unlisted C/P Limit \4\.................. 1,913 765 N/A 1,148
AFA Motherships................................. 95,645 38,258 26,781 57,387
Excessive Harvesting Limit \5\.................. 167,378 N/A N/A N/A
Excessive Processing Limit \6\.................. 286,934 N/A N/A N/A
Total Bering Sea DFA (non-CDQ).................. 956,448 382,579 267,805 573,869
Aleutian Islands subarea\1\..................... 19,000 N/A N/A N/A
CDQ DFA......................................... 1,900 760 N/A 1,140
ICA............................................. 1,600 800 N/A 800
Aleut Corporation............................... 15,500 10,600 N/A 4,900
Bogoslof District ICA \7\....................... 10 N/A N/A N/A
----------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the annual Bering Sea subarea pollock TAC, after subtraction for the
CDQ DFA (10 percent) and the ICA (3.5 percent), is allocated as a DFA as follows: inshore sector 50 percent,
catcher/processor sector 40 percent, and mothership sector 10 percent. In the Bering Sea subarea, 40 percent
of the DFA is allocated to the A season (January 20-June 10) and 60 percent of the DFA is allocated to the B
season (June 10-November 1). Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock
TAC, after subtracting first for the CDQ DFA (10 percent) and second the ICA (1,600 mt), is allocated to the
Aleut Corporation for a directed pollock fishery. In the AI subarea, the A season is allocated 40 percent of
the ABC and the B season is allocated the remainder of the directed pollock fishery.
\2\ In the Bering Sea subarea, no more than 28 percent of each sector's annual DFA may be taken from the SCA
before April 1. The remaining 12 percent of the annual DFA allocated to the A season may be taken outside of
the SCA before April 1 or inside the SCA after April 1. If 28 percent of the annual DFA is not taken inside
the SCA before April 1, the remainder is available to be taken inside the SCA after April 1.
\3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/
processors (C/Ps) shall be available for harvest only by eligible catcher vessels (CVs) delivering to listed
catcher/processors.
\4\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting
not more than 0.5 percent of the catcher/processor sector's allocation of pollock.
\5\ Pursuant to Sec. 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
percent of the sum of the pollock DFAs not including CDQ.
\6\ Pursuant to Sec. 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0
percent of the sum of the pollock DFAs not including CDQ.
\7\ The Regional Administrator proposes closing the Bogoslof pollock fishery for directed fishing under the
final 2011 and 2012 harvest specifications for the BSAI. The amounts specified are for incidental catch only
and are not apportioned by season or sector.
Table 2b--Proposed 2012 Allocations of Pollock TACS to the Directed Pollock Fisheries and to the CDQ Directed
Fishing Allowances (DFA) \1\
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2012 A season 2012 B
2012 -------------------------------- season\1\
Area and sector Allocations SCA harvest ---------------
A season DFA limit \2\ B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC.......................... 1,105,000 N/A N/A N/A
CDQ DFA......................................... 110,500 44,200 30,940 66,300
ICA \1\......................................... 39,780 N/A N/A N/A
AFA Inshore..................................... 477,360 190,944 133,661 286,416
AFA Catcher/Processors\3\....................... 381,888 152,755 106,929 229,133
Catch by C/Ps............................... 349,428 139,771 N/A 209,657
Catch by C/Vs\3\............................ 32,460 12,984 N/A 19,476
Unlisted C/P Limit \4\.................. 1,909 764 N/A 1,146
AFA Motherships................................. 95,472 38,189 26,732 57,283
Excessive Harvesting Limit \5\.................. 167,076 N/A N/A N/A
Excessive Processing Limit \6\.................. 286,416 N/A N/A N/A
---------------------------------------------------------------
Total Bering Sea DFA (non-CDQ)...... 954,720 381,888 267,322 572,832
Aleutian Islands subarea \1\.................... 19,000 N/A N/A N/A
CDQ DFA......................................... 1,900 760 N/A 1,140
ICA............................................. 1,600 800 N/A 800
Aleut Corporation............................... 15,500 10,600 N/A 4,900
[[Page 76379]]
Bogoslof District ICA \7\....................... 10 N/A N/A N/A
----------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the annual Bering Sea subarea pollock TAC, after subtraction for the
CDQ DFA (10 percent) and the ICA (3.5 percent), is allocated as a DFA as follows: Inshore sector 50 percent,
catcher/processor sector 40 percent, and mothership sector 10 percent. In the Bering Sea subarea, 40 percent
of the DFA is allocated to the A season (January 20-June 10) and 60 percent of the DFA is allocated to the B
season (June 10-November 1). Pursuant to Sec. 679.20(a)(5)(iii)(B)(2), the annual AI pollock TAC, after
subtracting first for the CDQ DFA (10 percent) and second the ICA (1,600 mt), is allocated to the Aleut
Corporation for a directed pollock fishery. In the AI subarea, the A season is allocated 40 percent of the ABC
and the B season is allocated the remainder of the directed pollock fishery.
\2\ In the Bering Sea subarea, no more than 28 percent of each sector's annual DFA may be taken from the SCA
before April 1. The remaining 12 percent of the annual DFA allocated to the A season may be taken outside of
the SCA before April 1 or inside the SCA after April 1. If 28 percent of the annual DFA is not taken inside
the SCA before April 1, the remainder is available to be taken inside the SCA after April 1.
\3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/
processors (C/Ps) shall be available for harvest only by eligible catcher vessels (CVs) delivering to listed
catcher/processors.
\4\Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting
not more than 0.5 percent of the catcher/processors sector's allocation of pollock.
\5\ Pursuant to Sec. 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
percent of the sum of the pollock DFAs not including CDQ.
\6\ Pursuant to Sec. 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0
percent of the sum of the pollock DFAs not including CDQ.
\7\ The Regional Administrator proposes closing the Bogoslof pollock fishery for directed fishing under the
final 2011 and 2012 harvest specifications for the BSAI. The amounts specified are for incidental catch only
and are not apportioned by season or sector.
Allocation of the Atka Mackerel TACs
The proposed harvest specifications for Atka mackerel reflect the
current regulatory provisions for temporal and spatial distribution of
Atka mackerel harvest in the BSAI. However, as mentioned above, these
provisions are subject to change by separate rulemaking prior to
January 1, 2011, based on the reasonable and prudent alternative
selected in the 2010 Alaska groundfish fisheries biological opinion.
Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs to the
Amendment 80 and BSAI trawl limited access sectors, after subtraction
of the CDQ reserves, jig gear allocation, and ICAs for the BSAI trawl
limited access sector and non-trawl gear. Table 3 lists these proposed
2011 and 2012 amounts.
The allocation of the ITAC for Atka mackerel to the Amendment 80
and BSAI trawl limited access sectors is established in Table 33 to
part 679 and in Sec. 679.91. Two Amendment 80 cooperatives have formed
for the 2011 fishing year. Because all Amendment 80 vessels are part of
a cooperative, no allocation to the Amendment 80 limited access sector
is required. NMFS will post 2011 Amendment 80 cooperative allocations
on the Alaska Region Web site at http://alaskafisheries.noaa.gov prior
to the start of the fishing year on January 1, 2011, based on the
harvest specifications effective on that date.
The 2012 allocations for Amendment 80 species between Amendment 80
cooperatives and the Amendment 80 limited access sector will not be
known until November 1, 2011, which is the deadline for eligible
participants to apply for participation in the Amendment 80 program.
Amendment 80 applications for 2012 have not yet been submitted to NMFS,
thereby preventing NMFS from calculating 2012 allocations. Thus, NMFS
has not included 2012 allocations to the Amendment 80 cooperatives or
Amendment 80 limited access sector in these proposed harvest
specifications. NMFS will post 2012 Amendment 80 cooperatives and
Amendment 80 limited access allocations on the Alaska Region Web site
at http://alaskafisheries.noaa.gov when they become available in
December 2012.
Pursuant to Sec. 679.20(a)(8)(i), up to 2 percent of the Eastern
Aleutian District and Bering Sea subarea Atka mackerel ITAC may be
allocated to jig gear. The amount of this allocation is determined
annually by the Council based on several criteria, including the
anticipated harvest capacity of the jig gear fleet. The Council
recommended and NMFS proposes a 0.5 percent allocation of the Atka
mackerel ITAC in the Eastern Aleutian District and Bering Sea subarea
to jig gear in 2011 and 2012. This percentage is applied after
subtractions of the CDQ reserve and the ICA.
Section 679.20(a)(8)(ii)(A) apportions the Atka mackerel ITAC into
two equal seasonal allowances. The first seasonal allowance is made
available for directed fishing from January 1 (January 20 for trawl
gear) to April 15 (A season), and the second seasonal allowance is made
available from September 1 to November 1 (B season). The jig gear
allocation is not apportioned by season.
Pursuant to Sec. 679.20(a)(8)(ii)(C)(1), the Regional
Administrator will establish a harvest limit area (HLA) limit of no
more than 60 percent of the seasonal TAC for the Western and Central
Aleutian Districts.
NMFS will establish HLA limits for the CDQ reserve and each of the
three non-CDQ fishery categories: the BSAI trawl limited access sector,
the Amendment 80 limited access fishery, and an aggregate HLA limit
applicable to all Amendment 80 cooperatives. NMFS will assign vessels
in each of the three non-CDQ fishery categories that apply to fish for
Atka mackerel in the HLA to an HLA fishery based on a random lottery of
the vessels that apply (see Sec. 679.20(a)(8)(iii)(B)(1)). There is no
allocation of Atka mackerel to the BSAI trawl limited access sector in
the Western Aleutian District. Therefore, no vessels in the BSAI trawl
limited access sector will be assigned to the Western Aleutian District
HLA fishery.
Each trawl sector will have a separate lottery. A maximum of two
HLA fisheries will be established in Area 542 for the BSAI trawl
limited access sector. A maximum of four HLA fisheries will be
established for vessels assigned to Amendment 80 cooperatives: A first
and second HLA fishery in Area 542, and a first and second HLA fishery
in Area 543. A maximum of four HLA fisheries will be established for
vessels assigned to the Amendment 80 limited access fishery: A first
and second HLA fishery in Area 542, and a first and second HLA
[[Page 76380]]
fishery in Area 543. NMFS will initially open fishing for the first HLA
fishery in all three fishery categories at the same time. The initial
opening of fishing in the HLA will be based on the first directed
fishing closure of Atka mackerel for the Eastern Aleutian District and
Bering Sea subarea allocation for any one of the three non-CDQ fishery
categories allocated Atka mackerel TAC.
Table 3--Proposed 2011 and 2012 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch Allowance, and Amendment 80 Allocations of
the BSAI Atka Mackerel TAC
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2011 allocation by area 2012 allocation by area
-----------------------------------------------------------------------------------------------
Eastern Eastern
Sector \1\ Season 2 3 4 Aleutian Central Western Aleutian Central Western
District/ Aleutian Aleutian District/ Aleutian Aleutian
Bering Sea District District Bering Sea District District
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC.............................. n/a.................. 20,900 26,000 18,100 20,900 26,000 18,100
CDQ reserve...................... Total................ 2,236 2,782 1,937 2,236 2,782 1,937
HLA \5\.............. n/a 1,669 1,162 n/a 1,669 1,162
ICA.............................. Total................ 75 75 40 75 75 40
Jig\6\........................... Total................ 93 0 0 93 0 0
BSAI trawl limited access........ Total................ 1,480 1,851 0 1,850 2,314 0
A.................... 740 926 0 925 1,157 0
HLA.................. n/a 555 0 n/a 694 0
B.................... 740 926 0 925 1,157 0
HLA.................. n/a 555 0 n/a 694 0
Amendment 80--Alaska Seafood Total................ 7,988 8,478 6,182 n/a n/a n/a
Cooperative.
A.................... 3,994 4,239 3,091 n/a n/a n/a
HLA.................. n/a 2,544 1,855 n/a n/a n/a
B.................... 3,994 4,239 3,091 n/a n/a n/a
HLA.................. n/a 2,544 1,855 n/a n/a n/a
Amendment 80--Alaska Groundfish Total................ 9,028 12,813 9,941 n/a n/a n/a
Cooperative.
A.................... 4,514 6,407 4,971 n/a n/a n/a
HLA.................. n/a 3,844 2,982 n/a n/a n/a
B.................... 4,514 6,407 4,971 n/a n/a n/a
HLA.................. n/a 3,844 2,982 n/a n/a n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtraction of the CDQ reserves, ICAs, and the jig gear allocation, to the
Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited access
sectors is established in Table 33 to part 679 and in Sec. 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec.
Sec. 679.20(b)(1)(ii)(C) and 679.31).
\2\ Regulations at Sec. Sec. 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery.
\3\ The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
\4\ The A season is January 1 (January 20 for trawl gear) to April 15, and the B season is September 1 to November 1. These allowances are subject to
change under ongoing Section 7 Consultation addressing impacts of the groundfish fisheries on endangered Steller sea lions.
\5\ Harvest Limit Area (HLA) limit refers to the amount of each seasonal allowance that is available for fishing inside the HLA (see Sec. 679.2). In
2010 and 2011, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts. These HLA
limits are subject to change under ongoing Section 7 Consultation addressing impacts of the groundfish fisheries on endangered Steller sea lions.
\6\ Section 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian District and Bering Sea subarea TAC be allocated to jig gear after
subtraction of the CDQ reserve and ICA. The amount of this allocation is 0.5 percent. The jig gear allocation is not apportioned by season.
Allocation of the Pacific Cod TAC
The proposed harvest specifications for Pacific cod reflect the
current regulatory provisions for temporal and spatial distribution of
Pacific cod harvest in the Aleutian Islands subarea. However, as
mentioned above, these provisions are subject to changes by separate
rulemaking prior to January 1, 2011, based on the reasonable and
prudent alternative selected in the 2010 Alaska groundfish fisheries
biological opinion.
Sections 679.20(a)(7)(i) and (ii) allocates the Pacific cod TAC in
the BSAI, after subtraction of 10.7 percent for the CDQ program, as
follows: 1.4 percent to vessels using jig gear, 2.0 percent to hook-
and-line and pot catcher vessels less than 60 ft (18.3 m) length
overall (LOA), 0.2 percent to hook-and-line catcher vessels greater
than or equal to 60 ft (18.3 m) LOA, 48.7 percent to hook-and-line
catcher/processors, 8.4 percent to pot catcher vessels greater than or
equal to 60 ft (18.3 m) LOA, 1.5 percent to pot catcher/processors, 2.3
percent to AFA trawl catcher/processors, 13.4 percent to non-AFA trawl
catcher/processors, and 22.1 percent to trawl catcher vessels. The ICA
for the hook-and-line and pot sectors will be deducted from the
aggregate portion of Pacific cod TAC allocated to the hook-and-line and
pot sectors. For 2011 and 2012, the Regional Administrator proposes an
ICA of 500 mt based on anticipated incidental catch in these fisheries.
The allocation of the ITAC for Pacific cod to the Amendment 80
sector is established in Table 33 to part 679 and Sec. 679.91. Two
Amendment 80 cooperatives have formed for the 2011 fishing year.
Because all Amendment 80 vessels are part of a cooperative, no
allocation to the Amendment 80 limited access sector is required. NMFS
will post 2011 Amendment 80 cooperative allocations on the Alaska
Region Web site at http://alaskafisheries.noaa.gov prior to the start
of the fishing year on January 1, 2011, based on the harvest
specifications effective on that date.
The 2012 allocations for Amendment 80 species between Amendment 80
[[Page 76381]]
cooperatives and the Amendment 80 limited access sector will not be
known until November 1, 2011, which is the deadline for eligible
participants to apply for participation in the Amendment 80 program.
Amendment 80 applications for 2012 have not yet been submitted to NMFS,
thereby preventing NMFS from calculating 2012 allocations. Thus, NMFS
has not included 2012 allocations to the Amendment 80 cooperatives or
Amendment 80 limited access sector in these proposed harvest
specifications. NMFS will post 2012 Amendment 80 cooperatives and
Amendment 80 limited access allocations on the Alaska Region Web site
at http://alaskafisheries.noaa.gov when they become available in
December 2012.
The Pacific cod ITAC is apportioned into seasonal allowances to
disperse the Pacific cod fisheries over the fishing year (see
Sec. Sec. 679.20(a)(7) and 679.23(e)(5)). In accordance with Sec.
679.20(a)(7)(iv)(B) and (C), any unused portion of a seasonal Pacific
cod allowance will become available at the beginning of the next
seasonal allowance.
The CDQ and non-CDQ season allowances by gear based on the proposed
2011 and 2012 Pacific cod TACs are listed in Table 4 based on the
sector allocation percentages of Pacific cod set forth at Sec. Sec.
679.20(a)(7)(i)(B) and 679.20(a)(7)(iv)(A); and the seasonal allowances
of Pacific cod set forth at Sec. 679.23(e)(5).
Table 4--Proposed 2011 and 2012 Gear Shares and Seasonal Allowances of the BSAI Pacific Cod TAC
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2011 and 2012 2011 and 2012 2011 and 2012 seasonal apportionment
Gear sector Percent share of gear share of --------------------------------------------------------------
sector total sector total Season Amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total TAC................................ 100 207,580 n/a n/a.......................................... n/a
CDQ...................................... 10.7 22,211 n/a See Sec. 679.20(a)(7)(i)(B)................ n/a
Total hook-and-line/pot gear............. 60.8 112,704 n/a n/a.......................................... n/a
Hook-and-line/pot ICA \1\................ n/a n/a 500 n/a.......................................... n/a
Hook-and-line/pot sub-total.............. n/a 112,204 n/a n/a.......................................... n/a
Hook-and-line catcher/processors......... 48.7 n/a 89,874 Jan 1-Jun 10................................. 45,836
Jun 10-Dec 31................................ 44,038
Hook-and-line catcher vessels 0.2 n/a 369 Jan 1-Jun 10................................. 188
60 ft LOA. Jun 10-Dec 31................................ 181
Pot catcher/processors................... 1.5 n/a 2,768 Jan 1-Jun 10................................. 1,412
Sept 1-Dec 31................................ 1,356
Pot catcher vessels = 60 ft 8.4 n/a 15,502 Jan 1-Jun 10................................. 7,906
LOA. Sept 1-Dec 31................................ 7,596
Catcher vessels < 60 ft LOA using hook- 2 n/a 3,691 n/a.......................................... n/a
and-line or pot gear.
Trawl catcher vessels.................... 22.1 40,967 n/a Jan 20-Apr 1................................. 30,315
Apr 1-Jun 10................................. 4,506
Jun 10-Nov 1................................. 6,145
AFA trawl catcher processors............. 2.3 4,263 n/a Jan 20-Apr 1................................. 3,198
Apr 1-Jun 10................................. 1,066
Jun 10-Nov 1................................. 0
Amendment 80............................. 13.4 24,839 n/a Jan 20-Apr 1................................. 18,630
Apr 1-Jun 10................................. 6,210
Jun 10-Nov 1................................. 0
Amendment 80--Alaska Groundfish n/a 4,625 n/a Jan 20-Apr 1................................. 3,469
Cooperative for 2011 \2\. Apr 1-Jun 10................................. 1,156
Jun 10-Nov 1................................. 0
Amendment 80--Alaska Seafood Cooperative n/a 20,214 n/a Jan 20-Apr 1................................. 15,161
for 2011 \2\. Apr 1-Jun 10................................. 5,054
Jun 10-Nov 1................................. 0
Jig...................................... 1.4 2,595 n/a Jan 1-Apr 30................................. 1,557
Apr 30-Aug 31................................ 519
Aug 31-Dec 31................................ 519
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC allocated to the hook-and-line and pot
sectors. The Regional Administrator proposes an ICA of 500 mt for 2011 and 2012 based on anticipated incidental catch in these fisheries.
\2\ The 2012 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until
November 1, 2011, the deadline for eligible participants to apply for participation in the Amendment 80 program.
Sablefish Gear Allocation
Sections 679.20(a)(4)(iii) and (iv) require the allocation of
sablefish TACs for the Bering Sea and AI subareas between trawl gear
and hook-and-line or pot gear. Gear allocations of the TACs for the
Bering Sea subarea are 50 percent for trawl gear and 50 percent for
hook-and-line or pot gear. Gear allocations for the AI subarea are 25
percent for trawl gear and 75 percent for hook-and-line or pot gear.
Section 679.20(b)(1)(ii)(B) requires apportionment of 20 percent of the
hook-and-line and pot gear allocation of sablefish to the CDQ reserve.
Additionally, Sec. 679.20(b)(1)(ii)(D) requires apportionment of 7.5
percent of the trawl gear allocation of sablefish to the CDQ reserve.
The Council recommended that only trawl sablefish TAC be established
biennially. The harvest specifications for the hook-and-line gear and
pot gear sablefish Individual Fishing Quota (IFQ) fisheries will be
limited to the 2011 fishing year to ensure those fisheries are
conducted concurrently with the halibut IFQ fishery. Concurrent
sablefish and halibut IFQ fisheries would reduce the potential for
discards of halibut and sablefish in those fisheries. The
[[Page 76382]]
sablefish IFQ fisheries would remain closed at the beginning of each
fishing year until the final harvest specifications for the sablefish
IFQ fisheries are in effect. Table 5 lists the proposed 2011 and 2012
gear allocations of the sablefish TAC and CDQ reserve amounts.
Table 5--Proposed 2011 and 2012 Gear Shares and CDQ Reserve Sablefish Tacs of BSAI
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2011 Share of 2011 CDQ 2012 Share of 2012 CDQ
Subarea gear Percent of TAC TAC 2011 ITAC\1\ reserve TAC 2012 ITAC reserve
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea
Trawl............................... 50 1,250 1,063 94 1,250 1,063 94
Hook-and-line gear \2\.............. 50 1,250 n/a 250 n/a n/a n/a
---------------------------------------------------------------------------------------------------------------
Total........................... 100 2,500 1,063 344 2,500 1,063 94
--------------------------------------------------------------------------------------------------------------------------------------------------------
Aleutian Islands
Trawl............................... 25 510 434 38 510 434 38
Hook-and-line gear \2\.............. 75 1,530 n/a 306 n/a n/a n/a
---------------------------------------------------------------------------------------------------------------
Total........................... 100 2,040 434 344 2,040 434 38
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Except for the sablefish hook-and-line or pot gear allocation, 15 percent of TAC is apportioned to the reserve. The ITAC is the remainder of the TAC
after the subtraction of these reserves.
\2\ For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the allocated TAC is reserved for use by
CDQ participants. Section 679.20(b)(1) does not provide for the establishment of an ITAC for sablefish allocated to hook-and-line or pot gear.
Allocation of the Aleutian Islands Pacific Ocean Perch, and BSAI
Flathead Sole, Rock Sole, and Yellowfin Sole TACs
Sections 679.20(a)(10)(i) and (ii) require the allocation between
the Amendment 80 and BSAI trawl limited access sectors for Aleutian
Islands Pacific ocean perch, and BSAI flathead sole, rock sole, and
yellowfin sole TACs, after subtraction of 10.7 percent for the CDQ
reserve and an ICA for the BSAI trawl limited access sector and vessels
using non-trawl gear. The allocation of the ITAC for Aleutian Islands
Pacific ocean perch, and BSAI flathead sole, rock sole, and yellowfin
sole to the Amendment 80 sector is established in Tables 33 and 34 to
part 679 and in Sec. 679.91.
Two Amendment 80 cooperatives have formed for the 2011 fishing
year. Because all Amendment 80 vessels are part of a cooperative, no
allocation to the Amendment 80 limited access sector is required. NMFS
will post 2011 Amendment 80 cooperative allocations on the Alaska
Region Web site at http://alaskafisheries.noaa.gov prior to the start
of the fishing year on January 1, 2011, based on the harvest
specifications effective on that date.
The 2012 allocations for Amendment 80 species between Amendment 80
cooperatives and the Amendment 80 limited access sector will not be
known until November 1, 2011, which is the deadline for eligible
participants to apply for participation in the Amendment 80 program.
Amendment 80 applications for 2012 have not yet been submitted to NMFS,
thereby preventing NMFS from calculating 2012 allocations. Thus, NMFS
has not included 2012 allocations to the Amendment 80 cooperatives or
Amendment 80 limited access sector in these proposed harvest
specifications. NMFS will post 2012 Amendment 80 cooperatives and
Amendment 80 limited access allocations on the Alaska Region Web site
at http://alaskafisheries.noaa.gov when they become available in
December 2012.
Table 6 lists the proposed 2011 and 2012 allocations and seasonal
apportionments of the Aleutian Islands Pacific ocean perch, and BSAI
flathead sole, rock sole, and yellowfin sole TACs.
Table 6--Proposed 2011 and 2012 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAS), and Amendment 80 Allocations of the
Aleutian Islands Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACS
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2011 and 2012 allocations
-----------------------------------------------------------------------------------------------
Pacific ocean perch Flathead sole
Sector ----------------------------------------------------------------
Eastern Central Western Rock sole BSAI Yellowfin sole
Aleutian Aleutian Aleutian BSAI BSAI
District District District
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC..................................................... 4,180 4,230 6,480 60,000 90,000 213,000
CDQ..................................................... 447 453 693 6,420 9,630 22,791
ICA..................................................... 100 75 10 5,000 10,000 2,000
BSAI trawl limited access............................... 363 370 116 0 0 40,226
Amendment 80............................................ 3,270 3,332 5,661 48,580 70,370 147,983
Amendment 80--Alaska Groundfish Cooperative for 2011\1\. 1,734 1,767 3,002 9,487 19,752 62,815
[[Page 76383]]
Amendment 80--Alaska Seafood Cooperative for 2011\1\.... 1,536 1,565 2,659 39,093 50,618 85,168
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The 2012 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until
November 1, 2011, the deadline for eligible participants to apply for participation in the Amendment 80 program.
Allocation of PSC Limits for Halibut, Salmon, Crab, and Herring
Section 679.21(e) sets forth the BSAI PSC limits. Pursuant to Sec.
679.21(e)(1)(iv) and (e)(2), the 2011 and 2012 BSAI halibut mortality
limits are 3,675 mt for trawl fisheries and 900 mt for the non-trawl
fisheries. Sections 679.21(e)(3)(i)(A)(2) and (e)(4)(i)(A) allocate 326
mt of the trawl halibut mortality limit and 7.5 percent, or 67 mt, of
the non-trawl halibut mortality limit as the PSQ reserve for use by the
groundfish CDQ program. Section 679.21(e)(1)(viii) specifies 700 fish
as the 2011 and 2012 Chinook salmon PSC limit for the AI subarea
pollock fishery. Section 679.21(e)(3)(i)(A)(3)(i) allocates 7.5
percent, or 53 Chinook salmon, as the AI subarea PSQ for the CDQ
program and allocates the remaining 647 Chinook salmon to the non-CDQ
fisheries. Section 679.21(e)(1)(vii) specifies 42,000 fish as the 2011
and 2012 non-Chinook salmon PSC limit. Section
679.21(e)(3)(i)(A)(3)(ii) allocates 10.7 percent, or 4,494 non-Chinook
salmon, as the PSQ for the CDQ program and allocates the remaining
37,506 non-Chinook salmon to the non-CDQ fisheries.
Amendment 91 (75 FR 53026, August 30, 2010), establishes two
Chinook salmon PSC limits (60,000 Chinook salmon and 47,591 Chinook
salmon) for the Bering Sea pollock fishery. For each PSC limit, NMFS
will issue A season and B season Chinook salmon PSC allocations to the
catcher/processor sector, the mothership sector, the inshore
cooperatives, and the CDQ groups. Chinook salmon allocations remaining
from the A season can be used in the B season. Entities can transfer
PSC allocations within a season and can also receive transfers of
Chinook salmon PSC to cover overages.
NMFS will issue transferable allocations of the 60,000 Chinook
salmon PSC limit to those sectors that participate in an incentive plan
agreement (IPA) and remain in compliance with the performance standard.
Sector and cooperative allocations would be reduced if members of the
sector or cooperative decided not to participate in an IPA. Vessels and
CDQ groups that do not participate in an IPA would fish under a
restricted opt-out allocation of Chinook salmon. If an entire sector
does not participate in an IPA, all members of that sector would fish
under the opt-out allocation.
Each year, each sector will be issued an annual threshold amount
that represents that sector's portion of 47,591 Chinook salmon. For a
sector to continue to receive Chinook salmon PSC allocations under the
60,000 Chinook salmon PSC limit, that sector must not exceed its annual
threshold amount 3 times within 7 consecutive years. If a sector fails
this performance standard, it will permanently be allocated a portion
of the 47,591 Chinook salmon PSC limit. NMFS will issue transferable
allocations of the 47,591 Chinook salmon PSC limit to all sectors,
cooperatives, and CDQ groups if no IPA is approved, or to the sectors
that exceed the performance standard. When a PSC allocation is reached,
the affected sector, inshore cooperative, or CDQ group would have to
stop fishing for pollock for the remainder of the season even if its
pollock allocation had not been fully harvested.
Each year, NMFS will release to the public and publish on the NMFS
Alaska Region Web site (http://alaskafisheries.noaa.gov): (A) The
Chinook salmon PSC allocations for each entity receiving a transferable
allocation; (B) the non-transferable Chinook salmon PSC allocations;
(C) the vessels fishing under each transferable or non-transferable
allocation; (D) the amount of Chinook salmon bycatch that accrues
towards each transferable or non-transferable allocation; and (E) any
changes to these allocations due to transfers, rollovers, and
deductions from the B season non-transferable allocations.
PSC limits for crab and herring are specified annually based on
abundance and spawning biomass. Due to the lack of new information as
of October 2010 regarding red king crab and herring PSC limits and
apportionments, the Council recommended and NMFS proposes using the
crab and herring 2011 and 2012 PSC limits and apportionments for the
proposed 2011 and 2012 limits and apportionments. The Council will
reconsider these amounts in December 2010. Pursuant to Sec.
679.21(e)(3)(i)(A)(1), 10.7 percent of each PSC limit specified for
crab is allocated as a PSQ reserve for use by the groundfish CDQ
program.
The red king crab mature female abundance is estimated from the
2009 survey data at 35 million red king crabs, and the effective
spawning biomass is estimated at 75 million lb (34,020 mt). Based on
the criteria set out at Sec. 679.21(e)(1)(i), the proposed 2011 and
2012 PSC limit of red king crab in Zone 1 for trawl gear is 197,000
animals. This limit derives from the mature female abundance estimate
of more than 8.4 million king crab and the effective spawning biomass
estimate of more than 55 million lbs (24,948 mt).
Section 679.21(e)(3)(ii)(B)(2) establishes criteria under which
NMFS must specify an annual red king crab bycatch limit for the Red
King Crab Savings Subarea (RKCSS). The regulations limit the RKCSS to
up to 25 percent of the red king crab PSC allowance based on the need
to optimize the groundfish harvest relative to red king crab bycatch.
NMFS proposes the Council's recommendation that the red king crab
bycatch limit be equal to 25 percent of the red king crab PSC allowance
within the RKCSS (Table 7b). Based on 2010 survey data, Tanner crab
(Chionoecetes bairdi) abundance is estimated at 379 million animals.
Given the criteria set out at Sec. 679.21(e)(1)(ii), the calculated
2011 and 2012 C. bairdi crab PSC limit for trawl gear is 830,000
[[Page 76384]]
animals in Zone 1 and 2,520,000 animals in Zone 2. These limits derive
from the C. bairdi crab abundance estimate being in excess of the 270
million animals for the Zone 1 allocation and 290 million animals for
the Zone 2 allocation, but less than 400 million animals for both zones
allocations. These limits are specified in Sec. 679.21(e)(1)(ii).
Pursuant to Sec. 679.21(e)(1)(iii), the PSC limit for snow crab
(C. opilio) is based on total abundance as indicated by the NMFS annual
bottom trawl survey. The C. opilio crab PSC limit is set at 0.1133
percent of the Bering Sea abundance index. Based on the 2010 survey
estimate of 7.5 billion animals, the calculated limit is 8,460,480
animals.
Pursuant to Sec. 679.21(e)(1)(v), the PSC limit of Pacific herring
caught while conducting any trawl operation for BSAI groundfish is 1
percent of the annual eastern Bering Sea herring biomass. The best
estimate of 2011 and 2012 herring biomass is 197,400 mt. This amount
was derived using 2009 survey data and an age-structured biomass
projection model developed by the Alaska Department of Fish and Game.
Therefore, the herring PSC limit proposed for 2011 and 2012 is 1,974 mt
for all trawl gear as presented in Tables 7a and 7b. Due to the lack of
new information as of October 2010 regarding herring biomass, the
Council recommended and NMFS proposes using the 2009 PSC limit for
herring for the proposed 2011 and 2012 limits and apportionments. The
Council will reconsider these amounts in December 2010, based on
recommendations by the Plan Team and the SSC.
Section 679.21(e)(3)(A) requires PSQ reserves to be subtracted from
the total trawl PSC limits. The amount of the 2011 PSC limits assigned
to the Amendment 80 and BSAI trawl limited access sectors are specified
in Table 35 to part 679. The resulting allocation of PSC to CDQ PSQ,
the Amendment 80 sector, and the BSAI trawl limited access sector are
listed in Table 7a. Pursuant to Sec. 679.21(e)(1)(iv) and Sec.
679.91(d) through (f), crab and halibut trawl PSC assigned to the
Amendment 80 sector is then further allocated to Amendment 80
cooperatives as PSC cooperative quota as presented in Table 7d.
Two Amendment 80 cooperatives have formed for the 2011 fishing
year. Because all Amendment 80 vessels are part of a cooperative, no
allocation to the Amendment 80 limited access sector is required. NMFS
will post 2011 Amendment 80 cooperative allocations on the Alaska
Region Web site at http://alaskafisheries.noaa.gov prior to the start
of the fishing year on January 1, 2011, based on the harvest
specifications effective on that date.
The 2012 Amendment 80 allocations between Amendment 80 cooperatives
and the Amendment 80 limited access sector will not be known until
November 1, 2011, which is the deadline for eligible participants to
apply for participation in the Amendment 80 program. Amendment 80
applications for 2012 have not been submitted to NMFS, thereby
preventing NMFS from calculating 2012 allocations. Thus, NMFS has not
included 2012 allocations to the Amendment 80 cooperatives or Amendment
80 limited access sector in these proposed harvest specifications. NMFS
will post 2012 Amendment 80 cooperatives and Amendment 80 limited
access allocations on the Alaska Region Web site at http://alaskafisheries.noaa.gov when they become available in December 2012.
Section 679.21(e)(4)(i) authorizes the apportionment of the non-
trawl halibut PSC limits into PSC bycatch allowances among six fishery
categories. Table 7c lists the fishery bycatch allowances for the trawl
and non-trawl fisheries.
Pursuant to section 3.6 of the FMP, the Council recommends, and
NMFS agrees, that certain specified non-trawl fisheries be exempt from
the halibut PSC limit. As in past years after consultation with the
Council, NMFS exempts pot gear, jig gear, and the sablefish IFQ hook-
and-line gear fishery categories from halibut bycatch restrictions
because (1) the pot gear fisheries have low halibut bycatch mortality,
(2) NMFS estimates halibut mortality for the jig gear fleet to be
negligible because of the small size of the fishery and the selectivity
of the gear, and (3) the sablefish and halibut IFQ fisheries have low
halibut bycatch mortality because the IFQ program requires legal-size
halibut to be retained by vessels using hook-and-line gear if a halibut
IFQ permit holder or a hired master is aboard and is holding unused
halibut IFQ (subpart D of 50 CFR part 679). In 2010, total groundfish
catch for the pot gear fishery in the BSAI was approximately 20,940 mt,
with an associated halibut bycatch mortality of about 43 mt.
The 2010 jig gear fishery harvested about 344 mt of groundfish.
Most vessels in the jig gear fleet are less than 60 ft (18.3 m) LOA and
thus are exempt from observer coverage requirements. As a result,
observer data are not available on halibut bycatch in the jig gear
fishery. However, as mentioned above, NMFS estimates a negligible
amount of halibut bycatch mortality is assumed because of the selective
nature of jig gear and the low mortality rate of halibut caught with
jig gear and released.
Section 679.21(e)(5) authorizes NMFS, after consultation with the
Council, to establish seasonal apportionments of PSC amounts for the
BSAI trawl limited access and Amendment 80 limited access sectors in
order to maximize the ability of the fleet to harvest the available
groundfish TAC and to minimize bycatch. The factors considered are (1)
seasonal distribution of prohibited species, (2) seasonal distribution
of target groundfish species, (3) PSC bycatch needs on a seasonal basis
relevant to prohibited species biomass, (4) expected variations in
bycatch rates throughout the year, (5) expected start of fishing
effort, and (6) economic effects of seasonal PSC apportionments on
industry sectors.
The 2012 PSC limits for the Amendment 80 cooperatives and the
Amendment 80 limited access sector will not be known until November 1,
2011, the deadline for participants to apply for participation in the
Amendment 80. Because Amendment 80 applications for 2012 have not been
submitted to NMFS, thereby preventing NMFS from calculating 2012 PSC
limits, NMFS has not included 2012 PSC limits between Amendment 80
cooperatives and the Amendment 80 limited access sector in these
proposed harvest specifications. NMFS will post 2012 Amendment 80
cooperative and Amendment 80 limited access allocations on the Alaska
Region Web site at http://alaskafisheries.noaa.gov when they become
available in December 2012. NMFS proposes the Council's recommendation
of the seasonal PSC apportionments in Table 7c to maximize harvest
among gear types, fisheries, and seasons while minimizing bycatch of
PSC based on the above criteria.
[[Page 76385]]
Table 7a--Proposed 2011 and 2012 Apportionment of Prohibited Species Catch Allowances to Non-Trawl Gear, the CDQ Program, Amendment 80, and the BSAI
Trawl Limited Access Sectors
--------------------------------------------------------------------------------------------------------------------------------------------------------
Non-trawl Amendment 80 sector
PSC Trawl PSC -------------------------- BSAI trawl
PSC species Total non- remaining Total trawl remaining CDQ PSQ limited
trawl PSC after CDQ PSC after CDQ reserve \1\ 2011 2012 access
PSQ \1\ PSQ \1\ fishery
--------------------------------------------------------------------------------------------------------------------------------------------------------
Halibut mortality (mt) BSAI..................... 900 832 3,675 3,349 393 2,375 2,325 875
Herring (mt) BSAI............................... n/a n/a 1,974 n/a n/a n/a n/a n/a
Red king crab (animals) Zone 1\1\............... n/a n/a 197,000 175,921 21,079 93,432 87,925 53,797
C. opilio (animals) COBLZ\2\.................... n/a n/a 8,460,480 7,555,209 905,271 3,945,330 3,713,385 2,428,244
C. bairdi crab (animals) Zone 1 \2\............. n/a n/a 830,000 741,190 88,810 331,608 312,115 348,285
C. bairdi crab (animals) Zone 2................. n/a n/a 2,520,000 2,250,360 269,640 565,966 532,660 1,053,394
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Section 679.21(e)(3)(i)(A)(2) allocates 326 mt of the trawl halibut mortality limit and Sec. 679.21(e)(4)(i)(A) allocates 7.5 percent, or 67 mt,
of the non-trawl halibut mortality limit as the PSQ reserve for use by the groundfish CDQ program. The PSQ reserve for crab species is 10.7 percent of
each crab PSC limit.
\2\ Refer to Sec. 679.2 for definitions of zones.
TABLE 7b--Proposed 2011 and 2012 Herring and Red King Crab Savings
Subarea Prohibited Species Catch Allowances for All Trawl Sectors
------------------------------------------------------------------------
Red king crab
Fishery categories Herring (mt) BSAI (animals) Zone 1
------------------------------------------------------------------------
Yellowfin sole.................... 169 n/a
Rock sole/flathead sole/other 29 n/a
flatfish \1\.....................
Greenland turbot/arrowtooth/ 14 n/a
sablefish \2\....................
Rockfish.......................... 10 n/a
Pacific cod....................... 29 n/a
Midwater trawl pollock............ 1,508 n/a
Pollock/Atka mackerel/other 214 n/a
species \3\ \4\..................
Red king crab savings subarea non- n/a 49,250
pelagic trawl gear \5\...........
-------------------------------------
Total trawl PSC............... 1,974 197,000
------------------------------------------------------------------------
\1\ ``Other flatfish'' for purposes of PSC accounting and monitoring
includes all flatfish species, except for halibut (a prohibited
species), arrowtooth flounder, flathead sole, Greenland turbot,
Kamchatka flounder, rock sole, and yellowfin sole.
\2\ ``Arrowtooth flounder'' for purposes of PSC accounting and
monitoring includes Kamchatka flounder.
\3\ Pollock other than pelagic trawl pollock, Atka mackerel, and ``other
species'' fishery category.
\4\ ``Other species'' for purposes of PSC accounting and monitoring
includes sculpins, sharks, skates, and octopus.
\5\ In October 2009 the Council recommended that the red king crab
bycatch limit for non-pelagic trawl fisheries within the RKCSS be
limited to 25 percent of the red king crab PSC allowance (see Sec.
679.21(e)(3)(ii)(B)(2)).
Table 7c--Proposed 2011 and 2012 Prohibited Species Bycatch Allowances for the BSAI Trawl Limited Access Sector
and Non-Trawl Fisheries
----------------------------------------------------------------------------------------------------------------
Prohibited species and area \1\
-------------------------------------------------------------------------
Red king C. bairdi (animals)
BSAI trawl limited access fisheries Halibut mortality crab C. opilio -------------------------
(mt) BSAI (animals) (animals)
Zone 1 COBLZ Zone 1 Zone 2
----------------------------------------------------------------------------------------------------------------
Yellowfin sole........................ 167 47,397 2,288,208 293,234 1,005,879
---------------------------------------
Rock sole/flathead sole/other flatfish 0 0 0 0 0
\2\..................................
---------------------------------------
Turbot/arrowtooth/sablefish \3\....... 0 0 0 0 0
---------------------------------------
Rockfish April 15-December 31......... 5 0 3,890 0 848
---------------------------------------
Pacific cod........................... 453 6,000 97,247 50,816 42,424
---------------------------------------
Pollock/Atka mackerel/other species 250 400 38,899 4,235 4,242
\4\..................................
-------------------------------------------------------------------------
Total BSAI trawl limited access 875 53,797 2,428,244 348,285 1,053,394
PSC..............................
----------------------------------------------------------------------------------------------------------------
[[Page 76386]]
Non-trawl fisheries Catcher Catcher
processor vessel
--------------------------------------------------------------------------------------
Pacific cod-Total............................................ 760 15
January 1-June 10............................................ 380 10
June 10-August 15............................................ 190 3
August 15-December 31........................................ 190 2
------------------------
Other non-trawl-Total........................................ 58
May 1-December 31........................................ 58
Groundfish pot and jig....................................... Exempt
Sablefish hook-and-line...................................... Exempt
Total non-trawl PSC...................................... 833
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas.
\2\ ``Other flatfish'' for purposes of PSC accounting and monitoring all flatfish species, except for halibut (a prohibited species), arrowtooth
flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
\3\ ``Arrowtooth flounder'' for purposes of PSC accounting and monitoring includes Kamchatka flounder.
\4\ ``Other species'' for purposes of PSC accounting and monitoring includes sculpins, sharks, skates, and octopus.
Table 7d--Proposed 2011 Prohibited Species Bycatch Allowance for the BSAI Amendment 80 Cooperatives
----------------------------------------------------------------------------------------------------------------
Prohibited species and zones\1\
-------------------------------------------------------------------------------
Cooperatives Halibut Red king crab C. opilio C. bairdi (animals)
mortality (mt) (animals) (animals) -------------------------------
BSAI Zone 1 COBLZ Zone 1 Zone 2
----------------------------------------------------------------------------------------------------------------
Amendment 80--Alaska Seafood 1,643 63,637 2,547,203 233,442 390,500
Cooperative....................
Amendment 80--Alaska Groundfish 732 29,804 1,398,127 98,167 175,465
Cooperative....................
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of zones.
Halibut Discard Mortality Rates (DMRs)
To monitor halibut bycatch mortality allowances and apportionments,
the Regional Administrator will use observed halibut bycatch rates,
DMRs, 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 approves the halibut DMRs developed and recommended by the
IPHC and the Council for the 2011 and 2012 BSAI groundfish fisheries
for use in monitoring the 2011 and 2012 halibut bycatch allowances (see
Tables 7a-7c). The IPHC developed these DMRs for the 2010 to 2012 BSAI
fisheries using the 10-year mean DMRs for those fisheries. The IPHC
will analyze observer data annually and recommend changes to the DMRs
when a fishery DMR shows large variation from the mean. The document
justifying these DMRs is available in Appendix 2 in the final 2009 SAFE
report dated November 2009 (see ADDRESSES). Table 8 lists the 2011 and
2012 DMRs.
Table 8--Proposed 2011 and 2012 Assumed Pacific Halibut Discard
Mortality Rates for the BSAI
------------------------------------------------------------------------
Halibut discard
Gear Fishery mortality rate
(percent)
------------------------------------------------------------------------
Non-CDQ hook-and-line........ Greenland turbot 11
Other species... 10
Pacific cod..... 10
Rockfish........ 9
Non-CDQ trawl................ Arrowtooth 76
flounder.
Atka mackerel... 76
Flathead sole... 74
Greenland turbot 67
Non-pelagic 73
pollock.
Pelagic pollock. 89
Other flatfish.. 72
Other species... 71
Pacific cod..... 71
Rockfish........ 81
Rock sole....... 82
Sablefish....... 75
Yellowfin sole.. 81
Non-CDQ pot.................. Other species... 8
Pacific cod..... 8
CDQ trawl.................... Atka mackerel... 85
Flathead sole... 88
Non-pelagic 84
pollock.
Pelagic pollock. 85
Rockfish........ 90
Rock sole....... 90
Yellowfin sole.. 84
[[Page 76387]]
CDQ hook-and-line............ Greenland turbot 87
Pacific cod..... 85
CDQ pot...................... Pacific cod..... 4
Sablefish....... 10
------------------------------------------------------------------------
Central Gulf of Alaska Rockfish Pilot Program (Rockfish Program)
On June 6, 2005, the Council adopted the Rockfish Program to meet
the requirements of Section 802 of the Consolidated Appropriations Act
of 2004 (Pub. L. 108-199). The basis for the BSAI fishing prohibitions
and the catcher vessel BSAI Pacific cod sideboard limits of the
Rockfish Program are discussed in detail in the final rule for
Amendment 68 to the Fisheries Management Plan for Groundfish of the GOA
(71 FR 67210, November 20, 2006). Pursuant to Sec. 679.82(d)(6)(i),
the catcher vessel BSAI Pacific cod sideboard limit is 0.0 mt, and in
the final 2011 and 2012 harvest specifications this would effectively
close directed fishing for BSAI Pacific cod in July for catcher vessels
under the Rockfish Program sideboard limitations. 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. The revised program, if
approved by the Secretary, may affect the harvest specifications for
2012.
Listed AFA Catcher/Processor Sideboard Limits
Pursuant to Sec. 679.64(a), the Regional Administrator is
responsible for restricting the ability of listed AFA catcher/
processors to engage in directed fishing for groundfish species other
than pollock to protect participants in other groundfish fisheries from
adverse effects resulting from the AFA and from fishery cooperatives in
the directed pollock fishery. Table 9 lists the proposed 2011 and 2012
catcher/processor sideboard limits. The basis for these proposed
sideboard limits is described in detail in the final rules implementing
the major provisions of the AFA (67 FR 79692, December 30, 2002) and
Amendment 80 (72 FR 52668, September 14, 2007).
All harvests of groundfish sideboard species by listed AFA catcher/
processors, whether as targeted catch or incidental catch, will be
deducted from the proposed sideboard limits in Table 9. However,
groundfish sideboard species that are delivered to listed AFA catcher/
processors by catcher vessels will not be deducted from the proposed
2011 and 2012 sideboard limits for the listed AFA catcher/processors.
Table 9--Proposed 2011 and 2012 BSAI Groundfish Sideboard Limits for Listed American Fisheries Act Catcher/Processors (C/Ps)
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
1995-1997
------------------------------------------------ 2011 and 2012 2011 and 2012
Ratio of ITAC available AFA C/P
Target species Area retained catch to all trawl C/ sideboard
Retained catch Total catch of total Ps \1\ limit
catch
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sablefish trawl........................... BS.......................... 8 497 0.016 1,063 17
AI.......................... 0 145 0 434 0
Atka mackerel............................. Central AI
A season \2\............. n/a n/a 0.115 11,609 1,335
HLA limit.............. n/a n/a n/a 6,965 801
B season \2\............. n/a n/a 0.115 11,609 1,335
HLA limit \3\.......... n/a n/a n/a 6,965 801
Western AI
A season \2\............. n/a n/a 0.2 8,081 1,616
HLA limit.............. n/a n/a n/a 4,849 970
B season \2\............. n/a n/a 0.2 8,081 1,616
HLA limit \3\.......... n/a n/a n/a 4,849 970
Yellowfin sole \4\........................ BSAI........................ 100,192 435,788 0.23 190,209 43,748
Rock sole................................. BSAI........................ 6,317 169,362 0.037 80,370 2,974
Greenland turbot.......................... BS.......................... 121 17,305 0.007 3,145 22
AI.......................... 23 4,987 0.005 1,420 7
Arrowtooth flounder \5\................... BSAI........................ 76 33,987 0.002 51,000 102
Kamchatka flounder \5\.................... BSAI........................ 76 33,987 0.002 15,045 30
Flathead sole............................. BSAI........................ 1,925 52,755 0.036 53,580 1,929
Alaska plaice............................. BSAI........................ 14 9,438 0.001 34,000 34
Other flatfish............................ BSAI........................ 3,058 52,298 0.058 14,705 853
Pacific ocean perch....................... BS.......................... 12 4,879 0.002 3,222 6
Eastern AI.................. 125 6,179 0.02 3,733 75
Central AI.................. 3 5,698 0.001 3,777 4
Western AI.................. 54 13,598 0.004 5,787 23
Northern rockfish......................... BSAI........................ 91 13,040 0.007 6,197 43
Shortraker rockfish....................... BSAI........................ 50 2,811 0.018 329 6
[[Page 76388]]
Rougheye rockfish \6\..................... BS.......................... 50 2,811 0.018 416 7
AI.......................... 50 2,811 0.018 36 1
Other rockfish............................ BS.......................... 18 621 0.029 412 12
AI.......................... 22 806 0.027 472 13
Squid..................................... BSAI........................ 73 3,328 0.022 1,675 37
Sharks \7\................................ BSAI........................ 553 68,672 0.008 382 3
Skates \7\................................ BSAI........................ 553 68,672 0.008 25,500 204
Sculpins \7\.............................. BSAI........................ 553 68,672 0.008 25,530 204
Octopus \7\............................... BSAI........................ 553 68,672 0.008 198 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Aleutians Islands Pacific ocean perch, and BSAI Atka mackerel, flathead sole, rock sole, and yellowfin sole are multiplied by the remainder of the
TAC of that species after the subtraction of the CDQ reserve under Sec. 679.20(b)(1)(ii)(C).
\2\ The seasonal apportionment of Atka mackerel in the open access fishery is 50 percent in the A season and 50 percent in the B season. Listed AFA
catcher/processors are limited to harvesting no more than zero in the Eastern Aleutian District and Bering Sea subarea, 20 percent of the annual ITAC
specified for the Western Aleutian District, and 11.5 percent of the annual ITAC specified for the Central Aleutian District.
\3\ Harvest Limit Area (HLA) limit refers to the amount of each seasonal allowance that is available for fishing inside the HLA (see Sec. 679.2). In
2010 and 2011, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts. These HLA
limits are subject to change under ongoing Section 7 Consultation addressing impacts of the groundfish fisheries on endangered Steller sea lions.
\4\ Section 679.64(a)(1)(v) exempts AFA catcher/processors from a yellowfin sole sideboard limit because the 2011 and 2012 aggregate ITAC of yellowfin
sole assigned to the Amendment 80 sector and BSAI trawl limited access sector (190,209 mt) is greater than 125,000 mt.
\5\ Prior to 2011, Kamchatka flounder was managed as a component of the arrowtooth flounder complex.
\6\ Prior to 2011, rougheye rockfish was managed as a single BSAI management area.
\7\ Prior to 2011, sharks, skates, sculpins, and octopus were managed as the ``other species'' complex.
Section 679.64(a)(2) and Tables 40 and 41 to part 679 establish a
formula for calculating PSC sideboard limits for listed AFA catcher/
processors. The basis for these sideboard limits is described in detail
in the final rules implementing the major provisions of the AFA (67 FR
79692, December 30, 2002) and Amendment 80 (72 FR 52668, September 14,
2007).
PSC species listed in Table 10 that are caught by listed AFA
catcher/processors participating in any groundfish fishery other than
pollock will accrue against the proposed 2011 and 2012 PSC sideboard
limits for the listed AFA catcher/processors. Section 679.21(e)(3)(v)
authorizes NMFS to close directed fishing for groundfish other than
pollock for listed AFA catcher/processors once a proposed 2011 or 2012
PSC sideboard limit listed in Table 10 is reached.
Crab or halibut PSC caught by listed AFA catcher/processors while
fishing for pollock will accrue against the bycatch allowances annually
specified for either the midwater pollock or the pollock/Atka mackerel/
``other species'' fishery categories according to regulations at Sec.
679.21(e)(3)(iv).
Table 10--Proposed 2011 and 2012 BSAI Prohibited Species Sideboard Limits for American Fisheries Act Listed
Catcher/Processors
----------------------------------------------------------------------------------------------------------------
Proposed 2011 and
2012 PSC Proposed 2011 and
Ratio of PSC to available to 2012 C/P
PSC species and area total PSC trawl vessels sideboard limit
after subtraction \1\
of PSQ \1\
----------------------------------------------------------------------------------------------------------------
Halibut mortality BSAI................................ n/a n/a 286
Red king crab Zone 1 \2\.............................. 0.007 175,921 1,231
C. opilio (COBLZ) \2\................................. 0.153 7,555,209 1,155,947
C. bairdi............................................. n/a n/a n/a
Zone 1 \2\........................................ 0.14 875,140 122,520
Zone 2 \2\........................................ 0.05 2,652,210 132,611
----------------------------------------------------------------------------------------------------------------
\1\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
\2\ Refer to Sec. 679.2 for definitions of areas.
AFA Catcher Vessel Sideboard Limits
Pursuant to Sec. 679.64(b), the Regional Administrator is
responsible for restricting the ability of AFA catcher vessels to
engage in directed fishing for groundfish species other than pollock to
protect participants in other groundfish fisheries from adverse effects
resulting from the AFA and from fishery cooperatives in the directed
pollock fishery. Section 679.64(b) establishes formulas for setting AFA
catcher vessel groundfish and PSC sideboard limits for the BSAI. The
basis for these sideboard limits is described in detail in the final
rules implementing the major provisions of the AFA (67 FR 79692,
December 30, 2002) and Amendment 80 (72 FR 52668, September 14, 2007).
Tables 11 and 12 list the proposed 2011 and 2012 AFA catcher vessel
sideboard limits.
[[Page 76389]]
All catch of groundfish sideboard species made by non-exempt AFA
catcher vessels, whether as targeted catch or as incidental catch, will
be deducted from the proposed 2011 and 2012 sideboard limits listed in
Table 11.
Table 11--Proposed 2011 and 2012 BSAI Groundfish Sideboard Limits for American Fisheries Act Catcher Vessels
(CVs)
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
Ratio of 1995- 2011 and 2012
Fishery by area/gear/ 1997 AFA CV 2011-2012 AFA catcher
Species season catch to 1995- initial TAC\1\ vessel sideboard
1997 TAC limits
----------------------------------------------------------------------------------------------------------------
Pacific cod........................ BSAI.................
Jig gear............. 0 2,413 0
Hook-and-line CV..... ................
Jan 1-Jun 10...... 0.0006 188 0
Jun 10-Dec 31..... 0.0006 181 0
Pot gear CV..........
Jan 1-Jun 10...... 0.0006 7,906 5
Sept 1-Dec 31..... 0.0006 7,596 5
CV < 60 ft LOA using 0.0006 3,691 2
hook-and-line or pot
gear.
Trawl gear CV........
Jan 20-Apr 1...... 0.8609 30,315 26,098
Apr 1-Jun 10...... 0.8609 4,506 3,879
Jun 10-Nov 1...... 0.8609 6,145 5,290
Sablefish.......................... BS trawl gear........ 0.0906 1,063 96
AI trawl gear........ 0.0645 434 28
Atka mackerel \2\.................. Eastern AI/BS
Jan 1-Apr 15...... 0.0032 9,332 30
Sept 1-Nov 1...... 0.0032 9,332 30
Central AI
Jan-Apr 15........ 0.0001 11,609 1
HLA limit....... 0.0001 6,965 1
Sept 1-Nov 1...... 0.0001 11,609 1
HLA limit....... 0.0001 6,965 1
Western AI
Jan-Apr 15........ 0 8,081 0
HLA limit....... n/a 4,849 0
Sept 1-Nov 1...... 0 8,081 0
HLA limit....... n/a 4,849 0
Yellowfin sole \3\................. BSAI................. 0.0647 190,209 n/a
Rock sole.......................... BSAI................. 0.0341 80,370 2,741
Greenland turbot................... BS................... 0.0645 3,145 203
AI................... 0.0205 1,420 29
Arrowtooth flounder \3\............ BSAI................. 0.069 51,000 3,519
Kamchatka flounder \4\............. BSAI................. 0.069 15,044 1,038
Flathead sole...................... BS trawl gear........ 0.0505 53,580 2,706
Alaska plaice...................... BSAI................. 0.0441 34,000 1,499
Other flatfish..................... BSAI................. 0.0441 14,705 648
Pacific ocean perch................ BS................... 0.1 3,222 322
Eastern AI........... 0.0077 3,733 29
Central AI........... 0.0025 3,777 9
Western AI........... 0 5,787 0
Northern rockfish.................. BSAI................. 0.0084 6,197 52
Shortraker rockfish................ BSAI................. 0.0037 329 1
Rougheye rockfish \5\.............. BS................... 0.0037 36 0
AI................... 0.0037 416 2
Other rockfish..................... BS................... 0.0048 412 2
AI................... 0.0095 472 4
Squid.............................. BSAI................. 0.3827 1,675 641
Sharks \6\......................... BSAI................. 0.0541 382 21
Skates \6\......................... BSAI................. 0.0541 25,500 1,380
Sculpins \6\....................... BSAI................. 0.0541 25,530 1,381
Octopus \6\........................ BSAI................. 0.0541 198 11
----------------------------------------------------------------------------------------------------------------
\1\ Aleutian Islands Pacific ocean perch, Atka mackerel, flathead sole, rock sole, and yellowfin sole are
multiplied by the remainder of the TAC of that species after the subtraction of the CDQ reserve under Sec.
679.20(b)(1)(ii)(C).
\2\ Harvest specifications for Atka mackerel in the Aleutian Islands subarea are subject to change under ongoing
Section 7 Consultation addressing impacts of the groundfish fisheries on endangered Steller sea lions.
\3\ Section 679.64(b)(6) exempts AFA catcher vessels from a yellowfin sole sideboard limit because the 2011 and
2012 aggregate ITAC of yellowfin sole assigned to the Amendment 80 sector and BSAI trawl limited access sector
is greater than 125,000 mt.
\4\ Before 2011, arrowtooth flounder and Kamchatka flounder were managed as a single complex.
\5\ Before 2011, rougheye rockfish was managed in a single BSAI area.
\6\ Before 2011, sharks, skates, sculpins, and octopus were managed in the ``other species'' complex.
[[Page 76390]]
Halibut and crab PSC limits listed in Table 12 that are caught by
AFA catcher vessels participating in any groundfish fishery other than
pollock will accrue against the proposed 2011 and 2012 PSC sideboard
limits for the AFA catcher vessels. Sections 679.21(d)(8) and
679.21(e)(3)(v) authorize NMFS to close directed fishing for groundfish
other than pollock for AFA catcher vessels once a proposed 2011 and
2012 PSC sideboard limit listed in Table 12 is reached. The PSC by AFA
catcher vessels while fishing for pollock in the Bering Sea subarea
will accrue against the bycatch allowances annually specified for
either the midwater pollock or the pollock/Atka mackerel/``other
species'' fishery categories under regulations at Sec.
679.21(e)(3)(iv).
Table 12--Proposed 2011 and 2012 American Fisheries Act Catcher Vessel Prohibited Species Catch Sideboard Limits
for the BSAI \1\
----------------------------------------------------------------------------------------------------------------
Proposed 2011 and Proposed 2011 and
AFA catcher vessel 2012 PSC limit 2012 AFA catcher
PSC species Target fishery PSC sideboard after subtraction vessel PSC
category \2\ limit ratio of PSQ reserves sideboard limit
\2\ \2\
----------------------------------------------------------------------------------------------------------------
Halibut.......................... Pacific cod trawl.. n/a n/a 887
Pacific cod hook- n/a n/a 2
and-line or pot.
Yellowfin sole n/a n/a 101
total.
Rock sole/flathead n/a n/a 228
sole/other
flatfish \3\.
Greenland turbot/ n/a n/a 0
arrowtooth/
sablefish.
Rockfish........... n/a n/a 2
Pollock/Atka n/a n/a 5
mackerel/other
species \4\.
Red king crab Zone 1............. n/a................ 0.299 175,921 52,600
C. opilio COBLZ \5\.............. n/a................ 0.168 7,555,209 1,269,275
C. bairdi Zone 1\5\.............. n/a................ 0.33 875,140 288,796
C. bairdi Zone 2 \5\............. n/a................ 0.186 2,652,210 493,311
----------------------------------------------------------------------------------------------------------------
\1\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
\2\ Target fishery categories are defined in regulation at Sec. 679.21(e)(3)(iv).
\3\ ``Other flatfish'' for purposes of PSC accounting and monitoring includes all flatfish species, except for
halibut (a prohibited species), arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock
sole, and yellowfin sole.
\4\ ``Other species'' for purposes of PSC accounting and monitoring includes sculpins, sharks, skates, and
octopus.
\5\ Refer to Sec. 679.2 for definitions of areas.
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 because it contains no implementing
regulations.
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 proposed
groundfish harvest specifications and alternative harvest strategies on
resources in the action area. The EIS found no significant negative
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 evaluates the impacts on small entities of alternative harvest
strategies for the groundfish fisheries in the exclusive economic zone
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 Science and
Statistical Committee (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 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 BSAI in the Federal Register on December 15, 2006 (71
FR 75460). A description of the action, why it is being considered, and
the legal basis for this action are contained in the preamble above.
This IRFA meets the statutory requirements of the Regulatory
Flexibility Act of 1980, as amended by the Small Business Regulatory
Enforcement Fairness Act of 1996 (5 U.S.C. 601-612). A copy of this
analysis is available from NMFS (see ADDRESSES). A summary of the IRFA
follows.
The action under consideration is a harvest strategy to govern the
catch of groundfish in the BSAI. 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 204
small catcher vessels, fewer than 11 small catcher/processors, and six
CDQ groups. The entities directly regulated by this action are those
that harvest groundfish in the exclusive economic zone of the BSAI and
in parallel fisheries within State waters. These include entities
operating catcher vessels and catcher/processor vessels within the
action area, and entities receiving direct allocations of groundfish.
Catcher vessels and catcher/processors were considered to be small
entities if their annual gross receipts from all economic activities,
including the revenue of their affiliated operations, totaled $4
million per year or less. Data from 2008 were the most recent available
to determine the number of small entities.
Estimates of first wholesale gross revenues for the BSAI non-CDQ
and
[[Page 76391]]
CDQ sectors were used as indices of the potential impacts of the
alternative harvest strategies on small entities. Revenues were
projected to decline from 2006 levels in 2007 and 2008 under the
preferred alternative due to declines in ABCs for economically key
groundfish species.
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 BSAI
optimum yield, in which case TACs would have been limited to the
optimum yield. Alternative 3 would have set TACs to produce fishing
rates equal to the most recent five-year average fishing rates.
Alternative 4 would have set TACs equal to the lower limit of the BSAI
optimum yield range. Alternative 5, the ``no action'' alternative,
would have set TACs equal to zero.
Alternatives 3, 4, and 5 produced smaller first wholesale revenue
indices for both non-CDQ and CDQ sectors than Alternative 2.
Alternative 1 revenues were the same as Alternative 2 revenues in the
BSAI for both sectors. Moreover, higher Alternative 1 TACs are
associated with maximum permissible ABCs, which may be higher than
Alternative 2 TACs, while Alternative 2 TACs are associated with the
ABCs that have been recommended to the Council by the Plan Team and the
SSC, and more fully consider other potential biological issues. For
these reasons, Alternative 2 is the preferred alternative.
NMFS also prepared a supplemental IRFA (SIRFA) to more specifically
evaluate the proposed specification of separate OFLs and TACs for
sharks, octopus, skates, and sculpins in the BSAI, consistent with the
previously selected harvest strategy, the Tier system in the FMP,
Amendment 95 and 96 to the FMP, the Magnuson-Stevens Act, and other
applicable law (See ADDRESSES). Amendment 95 and 96 to the FMP were
approved by NMFS on September 22, 2010.
NMFS does not anticipate that the specification of TACs for
sculpins or skates will have any additional economic impacts on small
entities beyond those impacts analyzed in the existing harvest
specification IRFA because the proposed OFLs and ABCs are relatively
large compared to recent historical catches.
In contrast, the proposed OFLs and TACs for sharks and octopus
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 SAFE (see ADDRESSES) identifies 215 small
groundfish entities operating in the BSAI in 2008, with estimated
average 2008 gross revenues from all sources of about $1.53 million.
Most of these (204 of them) are catcher vessels, with estimated average
gross revenues of $1.49 million. About half of the catcher-vessels
(103) are trawlers, with average gross revenues of about $1.71 million,
46 are hook-and-line vessels, with average gross revenues of about
$580,000, and 62 are pot vessels, with average gross revenues of about
$1.70 million. The SAFE estimates that there were 11 small catcher-
processors, a majority (7) of which were hook-and-line vessels, with
average gross revenues of about $2.65 million. The SAFE may 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 skates in other target fisheries.
Sharks are incidentally caught in two fisheries primarily. Over
half of the incidental catch (58 percent) occurs in the pelagic trawl
fishery for pollock and another 28 percent occurs in the hook-and-line
fishery for Pacific cod. Smaller amounts of sharks are taken in other
trawl and non trawl gear fisheries. Any adverse impacts would be
incurred by both large and small fishing entities in the BSAI. The key
fleets impacted by the shark breakout are the pollock trawlers and the
hook-and-line vessels fishing for Pacific cod. All of the pollock
trawlers are believed to be large entities, either because the vessels
themselves gross more than $4 million or because they are members of
American Fisheries Act cooperatives, the affiliated members of which,
when taken in aggregate, gross far in excess of the threshold. The BSAI
hook-and-line vessels targeting Pacific cod are predominately large
vessels. Two are believed to be small.
Most of the octopus catch (59 percent) occurs in the pot gear
fishery for Pacific cod. The pot gear fishery targeting octopus, and
the hook-and-line fishery for Pacific cod each took another 11 percent.
Non-pelagic trawlers targeting Pacific cod took another nine percent.
Most of the remainder of the catch was made by non-pelagic trawlers
targeting one of several species. Although directed fishing for octopus
is closed in Federal waters, directed fishing has occurred in State
waters in the BSAI. Any adverse impacts would be incurred by both large
and small fishing entities in the BSAI. The SAFE estimates of the
numbers of small entities operating in the BSAI in 2008 were described
in the section on BSAI sharks, above. Pot vessels targeting Pacific cod
take a large proportion of the octopus catch. Most of the vessels in
this fleet segment (which has an estimated 63 vessels) are small.
Restrictions on this fleet may adversely impact 55 small vessels, with
average gross revenues of about $1.78 million. The hook-and-line
fishery for Pacific cod, which was discussed under sharks, takes a
smaller proportion of octopus; two entities may be small. The pot
fishery targeting octopus may include any of the 62 small pot vessels
identified from the SAFE report. The non-pelagic trawl fishery for
Pacific cod has 13 small entities with average gross revenues of about
$810,000.
NMFS considered several alternatives to the proposed action of
specifying separate OFLs and TACS for BSAI sculpins, sharks, octopus
and skate species complexes. However, each of these alternatives has
been eliminated from further consideration because it either does not
accomplish the stated objectives of, or is in conflict with the
requirements of, applicable statutes. Specifically, any alternative
that did not create seperate OFLs and TACs for sculpins, sharks,
octopus, and skates is inconsistent with the Magnuson-Stevens Act.
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
[[Page 76392]]
sculpins, sharks, octopus and skate species complexes will adversely
affect small entities.
NMFS considered dividing the TACs for each of the species complexes
among different regulatory areas in the BSAI. Any such further division
of the TACs would not change the total TACs for each species complex in
the BSAI 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 BSAI, 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 95 and 96.
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 these harvest specifications are discussed in the Final
EIS (see ADDRESSES).
Authority: 16 U.S.C. 773 et seq., 1801 et seq., 3631 et seq.;
Public Law 108-447.
Dated: December 2, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 2010-30692 Filed 12-7-10; 8:45 am]
BILLING CODE 3510-22-P