[Code of Federal Regulations] [Title 50, Volume 4] [Revised as of October 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 50CFR679.20] [Page 646-658] TITLE 50--WILDLIFE AND FISHERIES DEPARTMENT OF COMMERCE PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA--Table of Contents Subpart B--Management Measures Sec. 679.20 General limitations. This section applies to vessels engaged in directed fishing for groundfish in the GOA and BSAI. (a) Harvest limits--(1) OY. The OY for BSAI and GOA target species and the ``other species'' category is a range that can be harvested consistently with this part, plus the amounts of ``nonspecified species'' taken incidentally to the harvest of target species and the ``other species'' category. The species categories are defined in Table 1 of the specifications as provided in paragraph (c) of this section. (i) BSAI. The OY for groundfish in the BSAI regulated by this section and by part 600 of this chapter is 1.4 to 2.0 million mt. (ii) GOA. The OY for groundfish in the GOA regulated by this section and by part 600 of this chapter is 116,000 to 800,000 mt. (2) TAC. NMFS, after consultation with the Council, will specify and apportion the annual TAC and reserves for each calendar year among the GOA and BSAI target species and the ``other species'' categories. TACs in the target species category may be split or combined for purposes of establishing new TACs with apportionments thereof under paragraph (c) of this section. The sum of the TACs so specified must be within the OY range specified in paragraph (a)(1) of this section. (3) Annual TAC determination. The annual determinations of TAC for each target species and the ``other species'' category, and the reapportionment of reserves may be adjusted, based upon a review of the following: (i) Biological condition of groundfish stocks. Resource assessment documents prepared annually for the Council that provide information on historical catch trend; updated estimates of the MSY of the groundfish complex and its component species groups; assessments of the stock condition of each target species and the ``other species'' category; assessments of the multispecies and ecosystem impacts of harvesting the groundfish complex at current levels, given the assessed condition of stocks, including consideration of rebuilding depressed stocks; and alternative harvesting strategies and related effects on the component species group. (ii) Socioeconomic considerations. Socioeconomic considerations that are consistent with the goals of the fishery management plans for the groundfish fisheries of the BSAI and the GOA, including the need to promote efficiency in the utilization of fishery resources, including minimizing costs; the need to manage for the optimum marketable size of a species; the impact of groundfish harvests on prohibited species and [[Page 647]] the domestic target fisheries that utilize these species; the desire to enhance depleted stocks; the seasonal access to the groundfish fishery by domestic fishing vessels; the commercial importance of a fishery to local communities; the importance of a fishery to subsistence users; and the need to promote utilization of certain species. (4) Sablefish TAC--(i) Eastern GOA regulatory area. Vessels in the Eastern GOA regulatory area of the GOA using trawl gear will be allocated 5 percent of the sablefish TAC for bycatch in other trawl fisheries. (ii) Central and western GOA regulatory areas--(A) Hook-and-line gear. Vessels in the Central and western GOA regulatory areas using hook-and-line gear will be allocated 80 percent of the sablefish TAC in each of the Central and Western GOA regulatory areas. (B) Trawl gear. Vessels using trawl gear will be allocated 20 percent of the sablefish TAC in these areas. (iii) Bering Sea subarea--(A) Hook-and-line or pot gear. Vessels in the Bering Sea subarea using hook-and-line or pot gear will be allocated 50 percent of each TAC for sablefish. (B) Trawl gear. Vessels in the Bering Sea subarea using trawl gear will be allocated 50 percent of each TAC for sablefish. (iv) Aleutian Islands subarea--(A) Hook-and-line or pot gear. Vessels in the Aleutian Islands subarea using hook-and-line or pot gear will be allocated 75 percent of each TAC for sablefish. (B) Trawl gear. Vessels in the Aleutian Islands subarea using trawl gear will be allocated 25 percent of each TAC for sablefish. (5) Pollock TAC--(i) BSAI--(A) Seasonal allowances. The TAC of pollock in each subarea or district of the BSAI will be divided, after subtraction of reserves, into two allowances. The first allowance will be available for directed fishing from 0001 hours Alaska local time (A.l.t.) January 1 through 1200 hours, A.l.t. , April 15. The second allowance will be available for directed fishing from 1200 hours, A.l.t., September 1 through 1200 hours A.l.t., November 1, of each fishing year. Within any fishing year, unharvested amounts of the first allowance will be added to the second allowance, and harvests in excess of the first allowance will be deducted from the second allowance. (B) BSAI seasonal allowances (applicable through July 8, 2002)--(1) Inshore, catcher/processor, mothership, and CDQ components. The portions of the BS subareas pollock directed fishing allowances allocated to each component under sections 206(a) and 206(b) of the American Fisheries Act will be divided into two seasonal allowances corresponding to the two fishing seasons set out at Sec. 679.23(e)(5), as follows: A Season, 40 percent; B Season, 60 percent. (2) Inseason adjustments. Within any fishing year, the Regional Administrator will add or subtract any under harvest or over harvest of a seasonal allowance for a component to the subsequent seasonal allowance for the component through notification published in the Federal Register. (C) (F) [Reserved] (F) Steller sea lion conservation area harvest limit (applicable through July 8, 2002). (1) For each component under Sections 206(a) and 206(b) of the American Fisheries Act and for the open access fishery, no more than 28 percent of the annual pollock directed fishery allowance may be taken from the Steller sea lion conservation area (SCA) before April 1. The SCA is defined at Sec. 679.22(a)(11)(vii). (2) After April 1, the unharvested amount available in the SCA before April 1 is available for directed fishing either within or outside the SCA during the remainder of the A season. (ii) GOA--(A) Apportionment by area. The TAC for pollock in the combined GOA Western and Central Regulatory Areas will be apportioned among statistical areas 610, 620, and 630 in proportion to the distribution of the pollock biomass as determined by the most recent NMFS surveys. (B) Seasonal allowances. Each apportionment will be divided into three seasonal allowances of 25 percent, 35 percent, and 40 percent of the apportionment, respectively, corresponding to the three fishing seasons defined at Sec. 679.23(d)(2). [[Page 648]] (C) GOA seasonal apportionments (applicable through July 8, 2002). Each apportionment established under paragraph (a)(5)(ii)(A) of this section will be divided into four seasonal apportionments corresponding to the four fishing seasons set out at Sec. 679.23(d)(3) of this part as follows: A Season, 25 percent; B Season, 25 percent; C Season, 25 percent; D Season, 25 percent. Within any fishing year, under harvest or over harvest of a seasonal apportionment may be added to or subtracted from remaining seasonal apportionments in a manner to be determined by the Regional Administrator, provided that any revised seasonal apportionment does not exceed 30 percent of the annual TAC apportionment for the combined GOA Western and Central Regulatory Areas. (6) Inshore-offshore apportionments--(i) BSAI pollock (applicable through December 31, 2004). The apportionment of pollock in each BSAI subarea or district and season between the inshore component in the BSAI and the offshore component in the BSAI will be the same as that specified in section 206(b) of the American Fisheries Act. (ii) GOA pollock (applicable through December 31, 2001). The apportionment of pollock in all GOA regulatory areas and for each season allowance described in paragraph (a)(5)(ii) of this section will be allocated entirely to vessels catching pollock for processing by the inshore component in the GOA after subtraction of an amount that is projected by the Regional Administrator to be caught by, or delivered to, the offshore component in the GOA incidental to directed fishing for other groundfish species. (iii) GOA Pacific cod (applicable through December 31, 2001). The apportionment of Pacific cod in all GOA regulatory areas will be allocated 90 percent to vessels catching Pacific cod for processing by the inshore component in the GOA and 10 percent to vessels catching Pacific cod for processing by the offshore component in the GOA. (7) Pacific cod TAC, BSAI--(i) TAC by gear. (A) The BSAI TAC of Pacific cod, after subtraction of reserves, will be allocated 2 percent to vessels using jig gear, 51 percent to vessels using hook-and-line or pot gear, and 47 percent to vessels using trawl gear. (B) The portion of Pacific cod TAC allocated to trawl gear under paragraph (a)(7)(i)(A) of this section will be further allocated 50 percent to catcher vessels and 50 percent to catcher/processors as defined for the purposes of recordkeeping and reporting at Sec. 679.2. (C) Allocations among vessels using hook-and-line or pot gear (Applicable through December 31, 2003). (1) The Regional Administrator annually will estimate the amount of Pacific cod taken as incidental catch in directed fisheries for groundfish other than Pacific cod by vessels using hook-and-line or pot gear and deduct that amount from the portion of Pacific cod TAC annually allocated to hook-and-line or pot gear under paragraph (a)(7)(i)(A) of this section. The remainder will be further allocated as directed fishing allowances as follows: (i) 80 percent to catcher/processor vessels using hook-and-line gear; (ii) 0.3 percent to catcher vessels using hook-and-line gear; (iii) 18.3 percent to vessels using pot gear; and (iv) 1.4 percent to catcher vessels less than 60 ft LOA that use either hook-and-line or pot gear. (2) Harvests of Pacific cod made by catcher vessels less than 60 ft LOA using pot gear will not accrue to the 1.4 percent allocation under paragraph (a)(7)(i)(C)(1)(iv) of this section until vessels using pot gear have harvested the 18.3 percent allocated to all vessels using pot gear under paragraph (a)(7)(i)(C)(1)(iii) of this section. (3) Harvests of Pacific cod made by catcher vessels less than 60 ft LOA using hook-and-line gear will not accrue to the 1.4 percent allocation under paragraph (a)(7)(i)(C)(1)(iv) of this section until catcher vessels using hook-and-line gear have harvested the 0.3 percent allocated to all catcher vessels using hook-and-line gear under paragraph (a)(7)(i)(C)(1)(ii) of this section. (4) (Applicable through July 8, 2002) Harvest of Pacific cod made by catcher vessels less than 60 ft (18.3 m) LOA using pot gear: (i) Will accrue against the 18.3 percent specified in paragraph (a)(7)(i)(C)(1)(iii) of this section when the Pacific cod fishery for vessels equal [[Page 649]] to or greater than 60 ft (18.3 m) LOA using pot gear is open. (ii) Will accrue against the 1.4 percent specified in paragraph (a)(7)(i)(C)(1)(iv) of this section when the Pacific cod fishery for vessels equal to or greater than 60 ft (18.3 m) LOA using pot gear is closed. (5) (Applicable through July 8, 2002) Harvest of Pacific cod made by catcher vessels less than 60 ft (18.3 m) LOA using hook-and-line gear: (i) Will accrue against the 0.3 percent specified in paragraph (a)(7)(i)(C)(1)(ii) of this section when the Pacific cod fishery for vessels equal to or greater than 60 ft (18.3 m) LOA using hook-and-line gear is open. (ii) Will accrue against the 1.4 percent specified in paragraph (a)(7)(i)(C)(1)(iv) of this section when the Pacific cod fishery for vessels equal to or greater than 60 ft (18.3 m) LOA using hook-and-line gear is closed. (D) The Regional Administrator may establish separate directed fishing allowances and prohibitions authorized under paragraph (d) of this section for vessels harvesting Pacific cod using trawl gear, jig gear, hook-and-line gear, or pot gear. (ii) Unused gear allocations--(A) Reallocation within the trawl sector. If, during a fishing year, the Regional Administrator determines that either trawl catcher vessels or trawl catcher/processors will not be able to harvest the entire amount of Pacific cod in the BSAI allocated to those vessels under paragraph (a)(7)(i) or (a)(7)(ii)(B) of this section, NMFS will first make the projected unused amount of Pacific cod available to the other trawl vessel sector before any reallocation to vessels using other gear types. (B) Reallocation among vessels using hook-and-line or pot gear. If, during a fishing year, the Regional Administrator determines that catcher vessels using hook-and-line gear or vessels less than 60 ft LOA using hook-and-line or pot gear will not be able to harvest the directed fishing allowance of Pacific cod allocated to those vessels under paragraphs (a)(7)(i)(C)(1)(ii) or (a)(7)(i)(C)(1)(iv) of this section, NMFS may reallocate the projected unused amount of Pacific cod as a directed fishing allowance to catcher/processor vessels using hook-and- line gear through notification in the Federal Register. (C) Reallocation between vessels using trawl or non-trawl gear. If, during a fishing year, the Regional Administrator determines that vessels using trawl gear, hook-and-line gear, pot gear or jig gear will not be able to harvest the entire amount of Pacific cod in the BSAI allocated to those vessels under paragraphs (a)(7)(i)(A), (a)(7)(i)(B) or (a)(7)(i)(C) of this section, NMFS may reallocate the projected unused amount of Pacific cod to vessels harvesting Pacific cod using the other gear type(s) through notification in the Federal Register, except as provided below: (1) Reallocation of TAC specified for jig gear. On September 15 of each year, the Regional Administrator will reallocate any projected unused amount of Pacific cod in the BSAI allocated to vessels using jig gear only to vessels using hook-and-line or pot gear through notification in the Federal Register. (2) Reallocation of TAC to catcher/processor vessels using hook-and- line gear or vessels using pot gear. Any unharvested amounts of Pacific cod TAC that are reallocated from vessels using trawl or jig gear to catcher/processor vessels using hook-and-line gear or vessels using pot gear to increase directed allowances established under paragraphs (a)(7)(i)(C)(1)(i) or (a)(7)(i)(C)(1)(iii) of this section, will be apportioned so that catcher/processor vessels using hook-and-line gear will receive 95 percent and vessels using pot gear will receive 5 percent of any such reallocation. (D) Reallocation within the trawl sector (applicable through July 8, 2002). If, during a fishing season, the Regional Administrator determines that either catcher vessels using trawl gear or catcher/ processors using trawl gear will not be able to harvest the entire amount of Pacific cod in the BSAI allocation to those vessels under paragraphs (a)(7)(i), (a)(7)(ii)(C) or (a)(7)(iii)(D) of this section, he/she may reallocate the projected unused amount of Pacific cod to vessels using [[Page 650]] trawl gear in the other trawl component through notification in the Federal Register before any reallocation to vessels using other gear type(s). (E) Unused seasonal allowance for trawl (applicable through July 8, 2002). Any unused portion of a seasonal allowance of Pacific cod for vessels using trawl gear under paragraphs (a)(7)(ii)(D) and (a)(7)(iii)(D) of this section may be reapportioned by the Regional Administrator, through notification in the Federal Register, to the subsequent seasonal allocations for vessels using trawl gear. (iii) Seasonal allowances--(A) Time periods. NMFS, after consultation with the Council, may divide the directed fishing allowances allocated to vessels using hook-and-line or pot gear under paragraph (a)(7)(i)(C) of this section among the following three periods: January 1 through April 30, May 1 through August 31, and September 1 through December 31. (B) Factors to be considered. NMFS will base any seasonal allowance of the Pacific cod allocation to vessels using hook-and-line and pot gear on the following information: (1) Seasonal distribution of Pacific cod relative to prohibited species distribution. (2) Variations in prohibited species bycatch rates in the Pacific cod fisheries throughout the fishing year. (3) Economic effects of any seasonal allowance of Pacific cod on the hook-and-line and pot-gear fisheries. (C) Unused seasonal allowances. Any unused portion of a seasonal allowance of Pacific cod allocated to vessels using hook-and-line or pot gear under paragraph (a)(7)(i)(C) will be reallocated to the remaining seasons during the current fishing year in a manner determined by NMFS, after consultation with the Council. (D) Seasonal apportionment and gear allocations (applicable through July 8, 2002). The Pacific cod BSAI gear allocations and apportionments by seasons, as specified in Sec. 679.23 (e)(6), are as follows: ------------------------------------------------------------------------ A season B season C season Gear type (percent) (percent) (percent) ------------------------------------------------------------------------ Trawl.................................. 60 20 20 Trawl CV............................... 70 10 20 Trawl CP............................... 50 30 20 Hook-and-line [ge]60 ft (18.3 m) LOA, 60 40 non-CDQ pot vessels [ge]60 ft (18.3 m) LOA, and jig vessels.................. All other nontrawl vessels............. No seasonal apportionment. ------------------------------------------------------------------------ CV = catcher vessels. CP = catcher/processor vessels. (8) BSAI Atka mackerel--(i) Jig gear. Vessels using jig gear will be allocated up to 2 percent of the TAC of Atka mackerel specified for the Eastern Aleutian Islands District and Bering Sea subarea, after subtraction of reserves, based on the following criteria: (A) The amount of Atka mackerel harvested by vessels using jig gear during recent fishing years; (B) The anticipated harvest of Atka mackerel by vessels using jig gear during the upcoming fishing year; and (C) The extent to which the jig-gear allocation will support the development of a jig-gear fishery for Atka mackerel while minimizing the amount of Atka mackerel TAC annually allocated to vessels using jig gear that remains unharvested at the end of the fishing year. (ii) Other gears. The remainder of the Atka mackerel TAC, after subtraction of the jig gear allocation and reserves, will be allocated to vessels using other authorized gear types. (A) Seasonal allowances. The Atka mackerel TAC specified for each subarea or district of the BSAI will be divided equally, after subtraction of the jig gear allocation and reserves, into two seasonal allowances corresponding to the A and B seasons defined at Sec. 679.23(e)(3). (B) Overages and underages. Within any fishing year, unharvested amounts of the A season allowance will be added to the B season allowance and harvests in excess of the A season allowance will be deducted from the B season allowance. (C) Atka mackerel harvest limit area (applicable through July 8, 2002). Harvest of Atka mackerel is limited in the harvest limit area, as defined in Sec. 679.2, as follows: (1) For the Atka mackerel harvest limit area as defined in Sec. 679.2, the Regional Administrator will establish a [[Page 651]] harvest limit of no more than 60 percent of the seasonal TAC as specified in paragraph (a)(8)(ii)(A) of this section. (2) CDQ fishing. A CDQ group is prohibited from exceeding the CDQ portion of the percentage of annual Atka mackerel in the Western and/or Central districts of the AI specified in paragraph (a)(8)(ii)(C)(1) of this section for the harvest limit area as defined in Sec. 679.2. (iii) Platoon management of Atka mackerel harvest limit area directed fishing (applicable through December 31, 2002)--(A) Registration. All vessels using trawl gear for directed fishing for Atka mackerel in the HLA, as defined in Sec. 679.2, are required to register with NMFS. To register, the vessel owner or operator must provide information required by Sec. 679.4(b)(5)(vii) for an endorsement to the vessel's Federal fishery permit issued under Sec. 679.4. (1) To participate in the A season HLA fishery, registration information must be received by NMFS, Restricted Access Management Program, by 4:30 p.m., A.l.t., on the first working day following January 15, 2002. (2) To participate in the B season HLA fishery, (i) The vessel must be registered for the A season HLA fishery and must be registered for the HLA fishery through August 1, 2002, or (ii) Registration information for the HLA fishery must be received by NMFS, Restricted Access Management Program, by 4:30 p.m., A.l.t., August 1, 2002. (B) Platoon assignment. For each season, NMFS will manage the harvest limit area fishery for the vessels registered to fish in areas 542 or 543 under paragraph (a)(8)(iii)(A) of this section as follows: (1) Lottery. The Regional Administrator or his/her designee randomly will assign each vessel to a platoon for one of two directed fisheries for each statistical area in which the vessel is registered under paragraph (a)(8)(iii)(A) of this section. Each platoon within a statistical area will be assigned an equal number of vessels unless there is an odd number of vessels registered under paragraph (a)(8)(iii)(A) of this section. In the case of an odd number of vessels, the Regional Administrator will assign one additional vessel to one platoon. Vessels registering under paragraph (a)(8)(iii)(A) of this section to fish in both area 542 and area 543 will be randomly assigned to a harvest limit area directed fishery in area 542 and will be placed in the area 543 harvest limit area directed fishery occurring at an alternate time during the season. (2) Notification. The Regional Administrator will provide the results of the lottery under (a)(8)(iii)(B)(1) of this section by notification published in the Federal Register and other means of practicable notification. (C) Harvest limit area directed fisheries. 48 hours after a seasonal closure of the area 541 Atka mackerel directed fishery, the Regional Administrator will open the directed fisheries within the harvest limit area in areas 542 and 543, as defined at Sec. 679.2. The Regional Administrator will provide notification by publication in the Federal Register of the opening and closure date of the directed fisheries, as determined by paragraph (a)(8)(iii)(E) of this section. Closures specified in Table 24 of this part and in Sec. 679.22(a)(12) will remain in effect. (D) Harvest limit area harvest limit. The Regional Administrator will establish the harvest limit for each harvest limit area directed fishery for areas 542 and 543 based on the seasonal apportionment at paragraph (a)(8)(ii)(C) of this section and in proportion to the number of vessels in a platoon compared to the total number of vessels participating in the harvest limit area directed fishery for area 542 or 543 during a season. (E) Harvest limit area directed fisheries closures. The Regional Administrator will establish the closure date of the Atka mackerel directed fisheries in the harvest limit area for areas 542 and 543 based on the estimated fishing capacity of vessels registered to fish in the area and assigned to the platoon under paragraph (a)(8)(iii)(B) of this section. Each harvest limit area directed fishery will last no longer than 14 days. (F) Groundfish directed fishery prohibition. Vessels registering under paragraph (a)(8)(iii)(A) of this section are prohibited from participating in any groundfish directed fishery other than [[Page 652]] the one assigned under paragraph (a)(8)(iii)(B) of this section during the opening of the first harvest limit area directed fishery to which the vessel is assigned in a season, as specified in Sec. 679.7(a)(19). (9) BSAI shortraker rockfish and rougheye rockfish. After subtraction of reserves, the TAC of shortraker rockfish and rougheye rockfish specified for the Aleutian Islands subarea will be allocated 30 percent to vessels using non-trawl gear and 70 percent to vessels using trawl gear. (10) All other groundfish TAC. The initial TAC for each target species and the ``other species'' category will be 85 percent of the TAC as provided under paragraph (b) of this section. (11) GOA Pacific cod TAC (applicable through July 8, 2002)--(i) Seasonal apportionment. The TAC established for Pacific cod in the Western and Central areas of the GOA will be divided 60 percent to the A season and 40 percent to the B season, as specified in Sec. 679.23(d)(4). (ii) The Regional Administrator may apply any underage or overage of Pacific cod harvest from one season to the subsequent season. In adding or subtracting any underages or overages to the subsequent season, the Regional Administrator must consider bycatch needed to optimize catch by gear groups and sectors. (iii) Bycatch. Pacific cod bycatch taken between the closure of the A season and opening of the B season shall be deducted from the B season TAC apportionment. (b) Reserves--(1) BSAI--(i) General. Fifteen percent of the BSAI TAC for each target species and the ``other species'' category, except the hook-and-line and pot gear allocation for sablefish, is automatically placed in a reserve, and the remaining 85 percent of the TAC is apportioned for each target species and the ``other species'' category, except the hook-and-line and pot gear allocation for sablefish. (ii) Nonspecified reserve. The reserve is not designated by species or species group, and any amount of the reserve may be apportioned to a target species, except the hook-and-line gear and pot gear allocation for sablefish, or the ``other species'' category, provided that such apportionments are consistent with paragraph (a)(3) of this section and do not result in overfishing of a target species or the ``other species'' category. (iii) CDQ reserve--(A) Groundfish CDQ Reserve. Except as limited by Sec. 679.31(a), one half of the nonspecified reserve established by paragraph (b)(1)(i) of this section for all species except squid is apportioned to the groundfish CDQ reserve. (B) Fixed gear sablefish CDQ reserves. Twenty percent of the fixed gear allocation of sablefish established by paragraph (a)(4)(iii) of this section for each subarea or district of the BSAI is apportioned to a CDQ reserve for each subarea or district. (C) Apportionment of groundfish CDQ reserve by TAC category. (1) Except for the fixed gear sablefish CDQ reserves, the groundfish CDQ reserve is apportioned among TAC categories in amounts equal to 7.5 percent of each TAC category for which a reserve is established. (2) If the final harvest specifications required by paragraph (c) of this section change the groundfish species comprising a species category or change a TAC by combining management areas or splitting a TAC into two or more TACs by management area, then any CDQ allocations based on those TACs change proportionally. (iv) Pacific cod. Any amounts of the BSAI nonspecific reserve that are apportioned to Pacific cod as provided by paragraph (b)(1)(ii) of this section must be apportioned among vessels using jig, hook-and-line or pot, and trawl gear in the same proportion specified in paragraph (a)(7)(i) of this section, unless the Regional Administrator determines under paragraph (a)(7)(ii) of this section that vessels using a certain gear type will not be able to harvest the additional amount of Pacific cod. In this case, the nonspecific reserve will be apportioned to vessels using the other gear type(s). (2) GOA. Initial reserves are established for pollock, Pacific cod, flatfish, and ``other species,'' which are equal to 20 percent of the TACs for these species or species groups. (i) Pollock inshore-offshore reapportionment (applicable through December 31, [[Page 653]] 2001). Any amounts of the GOA reserve that are reapportioned to pollock as provided by this paragraph (b) must be apportioned between the inshore component in the GOA and the offshore component in the GOA in the same proportion specified in paragraph (a)(6)(ii) of this section. (ii) Pacific cod inshore-offshore reapportionment (applicable through December 31, 2001). Any amounts of the GOA reserve that are reapportioned to Pacific cod as provided by this paragraph (b) must be apportioned between the inshore component in the GOA and the offshore component in the GOA in the same proportion specified in paragraph (a)(6)(iii) of the section. (3) Apportionment of reserves. (i) Notification. (A) As soon as practicable after April 1, June 1, and August 1, and on such other dates as NMFS determines appropriate, NMFS will, by notification in the Federal Register, apportion all or part of the BSAI or GOA reserve in accordance with this paragraph (b). (B) No apportionment, retention, or PSC limit adjustment may take effect until notification has been published in the Federal Register with a statement of the findings upon which the apportionment, retention, or adjustment is based. (ii) Apportionment--(A) General. Except as provided in paragraph (b)(3)(ii)(B) of this section, NMFS will apportion the amount of BSAI or GOA reserve that will be harvested by U.S. vessels during the remainder of the year. (B) Exception. Part or all of the BSAI or GOA reserve may be withheld if an apportionment would adversely affect the conservation of groundfish resources or prohibited species. (iii) Public comment--(A) Prior comment. NMFS will provide all interested persons an opportunity to comment on the proposed apportionments, retentions, or PSC limit adjustments under this paragraph (b) before such apportionments, retentions, or adjustments are made, unless NMFS finds that there is good cause for not providing a prior comment opportunity, and publishes the reasons therefor in the notification of apportionment, retention, or adjustment. (B) Submittal dates. Comments provided for in this paragraph (b)(3)(iii) must be received by NMFS not later than 5 days before April 1, June 1, and August 1, or other dates that may be specified. (C) Subsequent comment. If NMFS determines for good cause that notification of apportionment, retention or PSC limit adjustment must be issued without providing interested persons a prior opportunity for public comment, comments on the apportionment, retention or adjustment will be received for a period of 15 days after its effective date. (D) Response to comments. NMFS will consider all timely comments in deciding whether to make a proposed apportionment, retention, or PSC limit adjustment or to modify an apportionment, retention, or adjustment that previously has been made, and shall publish responses to those comments in the Federal Register as soon as practicable. (E) Data available. The Regional Administrator will make available to the public during business hours the aggregate data upon which any preliminary TAC or PSC limit figure is based or the data upon which any apportionment or retention of surplus or reserve, or PSC limit adjustment was or is proposed to be based. These data will be available for a sufficient period to facilitate informed comment by interested persons. (c) Annual specifications--(1) Proposed specifications--(i) General- -(A) Notification. As soon as practicable after consultation with the Council, NMFS will publish proposed specifications for the succeeding fishing year. The proposed specifications will reflect as accurately as possible the projected changes in U.S. harvesting and processing capacity and the extent to which U.S. harvesting and processing will occur during the coming year. (B) Public comment. NMFS will accept public comment on the proposed specifications for 30 days from the date of publication in the Federal Register. (ii) GOA. The GOA proposed specifications will specify annual TAC amounts for each target species and the ``other species'' category and apportionments thereof established under Sec. 679.20(a)(2), halibut prohibited species [[Page 654]] catch amounts established under Sec. 679.21, seasonal allowances of pollock, and inshore/offshore Pacific cod. (iii) BSAI. The BSAI proposed specifications will specify the annual TAC and initial TAC amounts for each target species and the ``other species'' category and apportionments thereof established by paragraph (a)(2) of this section, PSQ reserves and prohibited species catch allowances established by Sec. 679.21, seasonal allowances of pollock TAC (including pollock CDQ), and CDQ reserve amounts established by paragraph (b)(1)(iii) of this section. (2) Interim specifications. Interim harvest specifications will be in effect on January 1 and will remain in effect until superseded by the filing of the final specifications by the Office of the Federal Register. Interim specifications will be established as follows: (i) GOA. One-fourth of each proposed TAC and apportionment thereof (not including the reserves or the first seasonal allowance of pollock), one-fourth of the proposed halibut prohibited species catch amounts, and the proposed first seasonal allowance of pollock. (ii) BSAI. Except for pollock and the hook and line and pot gear allocation of sablefish, one quarter of each proposed initial TAC and apportionment thereof, one quarter of each CDQ reserve established by paragraph (b)(1)(iii) of this section, and one quarter of the proposed PSQ reserve and prohibited species catch allowances established by Sec. 679.21. (A) The interim specifications for pollock and Atka mackerel will be equal to the first seasonal allowance for pollock and Atka mackerel that is published in the proposed specifications under paragraph (c)(1) of this section. (B) The interim specifications for CDQ pollock will be equal to the first seasonal allowance that is published in the proposed specifications under paragraph (c)(1) of this section. (3) Final specifications--(i) Notification. NMFS will consider comments on the proposed specifications received during the comment period and, after consultation with the Council, will publish final specifications in the Federal Register. The final specifications will supersede the interim specifications. (ii) GOA. The final specifications will specify the annual TAC for each target species and the ``other species'' category and apportionments thereof, halibut prohibited species catch amounts, and seasonal allowances of pollock. (iii) BSAI. The final specifications will specify the annual TAC for each target species and the ``other species'' category and apportionments thereof, PSQ reserves and prohibited species catch allowances, seasonal allowances of the pollock TAC (including pollock CDQ), and CDQ reserve amounts. (4) Inshore-offshore allocations--(i) BSAI pollock (applicable through December 31, 2004). The proposed, interim, and final specifications will specify the allocation of pollock for processing by the inshore component in the BSAI and the offshore component in the BSAI, and any seasonal allowances thereof, as authorized under paragraphs (a)(5) and (a)(6) of this section. (ii) GOA pollock and Pacific cod (applicable through December 31, 2001). The proposed, interim, and final specifications will specify the allocation of GOA pollock and GOA Pacific cod for processing by the inshore component in the GOA and the offshore component in the GOA, and any seasonal allowances thereof, as authorized under paragraphs (a)(5) and (a)(6) of this section. (5) BSAI Pacific cod gear allocations The proposed, interim, and final specifications will specify the allocation of BSAI Pacific cod among gear types as authorized under paragraph (a)(7) of this section. (6) BSAI Atka mackerel allocations. The proposed, interim, and final specifications will specify the allocation of BSAI Atka mackerel among gear types as authorized under paragraph (a)(8) of this section. (d) Fishery closures--(1) Directed fishing allowance--(i) General. If the Regional Administrator determines that any allocation or apportionment of a target species or ``other species'' category specified under paragraph (c) of this section has been or will be reached, the Regional Administrator may establish a directed fishing allowance for that species or species group. (ii) Specified fishery amounts--(A) Inseason adjustments. The category allocations or apportionments established [[Page 655]] under paragraph (c) of this section may be revised by inseason adjustments, as defined at Sec. 679.25, for a given species or species group or pollock allowance, as identified by regulatory area, subarea, or district, and, if applicable, as further identified by gear type. (B) Incidental catch. In establishing a directed fishing allowance, the Regional Administrator shall consider the amount of the allocation or apportionment established under paragraph (c) of this section that will be taken as incidental catch in directed fishing for other species in the same subarea, regulatory area, or district. (iii) Directed fishing closure--(A) Notification. If the Regional Administrator establishes a directed fishing allowance for a fishery allocation or apportionment under this paragraph (d), and that allowance has been or will be reached before the end of the fishing season or year, NMFS will publish notification in the Federal Register prohibiting directed fishing in the specified subarea, regulatory area, or district. (B) Retention of bycatch species. If directed fishing for a target species or the ``other species'' category is prohibited, a vessel may not retain that bycatch species in an amount that exceeds the maximum retainable bycatch amount, as calculated under paragraphs (e) and (f) of this section, at any time during a fishing trip. (2) Groundfish as prohibited species closure. When the Regional Administrator determines that the TAC of any target species or the ``other species'' category specified under paragraph (c) of this section, or the share of any TAC assigned to any type of gear, has been or will be achieved prior to the end of a year, NMFS will publish notification in the Federal Register requiring that target species or the ``other species'' be treated in the same manner as a prohibited species, as described under Sec. 679.21(b), for the remainder of the year. (3) Overfishing closure--(i) Notification. If, in making a determination under paragraph (d)(2) of this section, the Regional Administrator also determines that fishing for other target species or species groups in the area, district or part thereof where the notification applies, may lead to the overfishing of the species or species group for which the allocation or apportionment has been or will be reached, NMFS will publish notification in the Federal Register specifying limitations or prohibitions designed to prevent overfishing of that species or species group. (ii) Limitations and prohibitions. These limitations and prohibitions may prohibit directed fishing for other species or species groups in the area, district, or part thereof where the notification applies, or may limit time, area, or gear types that may be used in directed fishing for the other species or species groups. (iii) Factors to be considered. When making the determinations specified under paragraphs (d)(1), (d)(2), and (d)(3) of this section, the Regional Administrator may consider allowing fishing to continue or resume with certain gear types or in certain areas and times based on findings of: (A) The risk of biological harm to a groundfish species or species group for which the TAC or PSC limit is or will be reached. (B) The risk of socioeconomic harm to authorized users of the groundfish for which the TAC or PSC limit will be or has been reached. (C) The impact that the continued closure might have on the socioeconomic well-being of other domestic fisheries. (4) Harvest control for pollock, Atka mackerel and Pacific cod (applicable through July 8, 2002). If a biological assessment of stock condition for pollock, Pacific cod, or Atka mackerel within an area projects that the biomass in an area will be below 20 percent of the projected unfished biomass during a fishing year, the Regional Administrator will prohibit the directed fishery for the relevant species within the area. The Regional Administrator will prohibit the directed fishery under this paragraph by notification published in the Federal Register. The directed fishery will remain closed until a subsequent biological assessment projects that the biomass for the species in the area will exceed 20 percent of the projected unfished biomass during a fishing year. [[Page 656]] (e) Maximum retainable amounts--(1) Proportion of basis species. The maximum retainable amount for an incidental catch species is calculated as a proportion of the basis species retained on board the vessel using the retainable percentages in Table 10 to this part for the GOA species categories and in Table 11 to this part for the BSAI species categories. (2) Calculation. (i) To calculate the maximum retainable amount for a specific incidental catch species, an individual retainable amount must be calculated with respect to each basis species that is retained on board that vessel. (ii) To obtain these individual retainable amounts, multiply the appropriate retainable percentage for the incidental catch species/basis species combination, set forth in Table 10 to this part for the GOA species categories and Table 11 to this part for the BSAI species categories, by the amount of that basis species, in round-weight equivalents. (iii) The maximum retainable amount for that specific incidental catch species is the sum of the individual retainable amount. (f) Directed fishing calculations and determinations--(1) Round- weight equivalents. Any determination concerning directed fishing, the amount or percentage of any species, species group, or any fish or fish products must be calculated in round-weight equivalents. (2) Retainable amounts. Except as provided in Table 10 to this part, arrowtooth flounder, or any groundfish species for which directed fishing is closed may not be used to calculate retainable amounts of other groundfish species. CDQ species may only be used to calculate retainable amounts of other CDQ species. (3) CDQ fisheries--(i) General. Directed fishing in the CDQ fisheries is determined based on the species composition of the total catch of groundfish while harvesting groundfish CDQ species. For catcher/processors, the species composition of each haul is assessed to determine the directed fishery. For catcher vessels, the species composition of the catch onboard the vessel at any time is assessed to determine the directed fishery. The groundfish species used to calculate total catch of groundfish includes all species categories defined in Table 1 of the annual BSAI specifications. (ii) Directed fishing for pollock CDQ. A vessel operator using trawl gear is directed fishing for pollock CDQ if pollock represents 60 percent or more of the total catch of groundfish species by weight in a haul by a catcher/processor or 60 percent or more of the total catch of groundfish species by weight onboard the catcher vessel at any time. (g) Allowable retention of pollock roe--(1) Percentage of pollock roe. (i) Pollock roe retained on board a vessel at any time during a fishing trip must not exceed 7 percent of the total round-weight equivalent of pollock, as calculated from the primary pollock product on board the vessel during the same fishing trip. (ii) Determinations of allowable retention of pollock roe will be based on amounts of pollock harvested, received, or processed during a single fishing trip. (iii) Pollock or pollock products from previous fishing trips that are retained on board a vessel may not be used to determine the allowable retention of pollock roe for that vessel. (2) Primary product. (i) For purposes of this paragraph (g), only one primary pollock product per fish, other than roe, may be used to calculate the round-weight equivalent. (ii) A primary pollock product that contains roe (such as headed and gutted pollock with roe) may not be used to calculate the round-weight equivalent of pollock. (iii) The primary pollock product must be distinguished from ancillary pollock products in the DCPL required under Sec. 679.5(a)(9). (3) Pollock product recovery rates (PRRs). Use the product types and standard PRRs for pollock found in Table 3 to this part to calculate round-weight equivalents for pollock for purposes of this paragraph (g). (4) Calculation of retainable pollock roe--(i) Round-weight equivalent. (A) To calculate the amount of pollock roe that can be retained on board during a fishing trip, first calculate the round- weight equivalent by dividing the total [[Page 657]] amount of primary product on board by the appropriate PRR. (B) To determine the maximum mount of pollock roe that can be retained on board a vessel during the same fishing trip, multiply the round-weight equivalent by 0.07. (C) Pollock roe retained on board from previous fishing trips will not be counted. (ii) Two or more products from different fish. (A) If two or more products, other than roe, are made from different fish, round-weight equivalents are calculated separately for each product. (B) To determine the maximum amount of pollock roe that can be retained on board a vessel during a fishing trip, add the round-weight equivalents together; then, multiply the sum by 0.07. (iii) Two or more products from same fish. If two or more products, other than roe, are made from the same fish, the maximum amount of pollock roe that can be retained during a fishing trip is determined from the primary product. (5) Primary pollock product--(i) Process prior to transfer. Any primary pollock product used to calculate retainable amounts of pollock roe must be frozen, canned, or reduced to meal by the vessel retaining the pollock roe prior to any transfer of the product to another vessel. (ii) No discard of processed product. Any pollock product that has been processed may not be discarded at sea unless such discarding is necessary to meet other requirements of this part. (h) Standard product types and standard PRRs--(1) Calculating round- weight equivalents from standard PRRs. Round-weight equivalents for groundfish products are calculated using the product codes and standard PRRs specified in Table 3 to this part. (2) Adjustments. The Regional Administrator may adjust standard PRRs and product types specified in Table 3 to this part if he or she determines that existing standard PRRs are inaccurate or if new product types are developed. (i) Adjustments to any standard PRR listed in Table 3 to this part that are within and including 15 percent of that standard PRR may be made without providing notification and opportunity for prior public comment. (ii) Adjustments of any standard PRR during a calendar year, when aggregated with all other adjustments made during that year, will not exceed 15 percent of the standard PRR listed in Table 3 to this part at the beginning of that calendar year. (iii) No new product type will be announced until NMFS publishes the proposed adjustment and/or new product type in the Federal Register and provides the public with at least 30 days opportunity for public comment. (iv) Any adjustment of a PRR that acts to further restrict the fishery will not be effective until 30 days after the date of publication in the Federal Register. (v) If NMFS makes any adjustment or announcement without providing a prior notification and opportunity for prior public comment, the Regional Administrator will receive public comments on the adjustment or announcement for a period of 15 days from the date of publication in the Federal Register. (i) Forage fish--(1) Definition. See Sec. 679.2. (2) Applicability. The provisions of Sec. 679.20(i) apply to all vessels fishing for groundfish in the BSAI or GOA, and to all vessels processing groundfish harvested in the BSAI or GOA. (3) Closure to directed fishing. Directed fishing for forage fish is prohibited at all times in the BSAI and GOA. (4) Limits on sale, barter, trade, and processing. The sale, barter, trade, or processing of forage fish is prohibited, except as provided in paragraph (i)(5) of this section. (5) Allowable fishmeal production. Retained catch of forage fish not exceeding the maximum retainable bycatch amount may be processed into fishmeal for sale, barter, or trade. [61 FR 31230, June 19, 1996] Editorial Note: For Federal Register citations affecting Sec. 679.20, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access. Effective Date Notes: 1. At 67 FR 1000, Jan. 8, 2002, Sec. 679.20 was amended by suspending paragraphs (a)(5)(i)(A), (a)(5)(ii)(B), (a)(7)(i)(C)(2), (a)(7)(i)(C)(3), (a)(7)(ii)(A), [[Page 658]] (a)(7)(iii)(A), (a)(7)(iii)(B), (f)(2), and (f)(3), effective Jan. 1, 2002 until July 8, 2002. At 67 FR 34860, May 16, 2002, the effective date was extended through Dec. 31, 2002. Paragraphs (a)(6)(ii), (a)(6)(iii), (b)(2)(i), and (b)(2)(ii), were added, effective Jan. 1, 2002. For the convenience of the user the added text follows: Sec. 679.20 General limitations. * * * * * (6) * * * (ii) GOA pollock (applicable through July 8, 2002). The apportionment of pollock in all GOA regulatory areas and for each seasonal apportionment described in paragraph (a)(5)(ii) of this section will be allocated entirely to vessels catching pollock for processing by the inshore component in the GOA after subtraction of an amount that is projected by the Regional Administrator to be caught by, or delivered to, the offshore component in the GOA incidental to directed fishing for other groundfish species. (iii) GOA Pacific cod (applicable through July 8, 2002). The apportionment of Pacific cod in all GOA regulatory areas will be allocated 90 percent to vessels catching Pacific cod for processing by the inshore component in the GOA and 10 percent to vessels catching Pacific cod for processing by the offshore component in the GOA. (b) * * * (2) * * * (i) Pollock inshore-offshore reapportionment (applicable through July 8, 2002). Any amounts of the GOA reserve that are reapportioned to pollock as provided by paragraph (b) of this section must be apportioned between the inshore component in the GOA and the offshore component in the GOA in the same proportions specified in paragraph (a)(6)(ii) of this section. (ii) Pacific Cod inshore-offshore reapportionment (applicable through July 8, 2002). Any amounts of the GOA reserve that are reapportioned to Pacific cod as provided by paragraph (b) of this section must be apportioned between the inshore component in the GOA and the offshore component in the GOA in the same proportion specified in paragraph (a)(6)(iii) of this section. * * * * * 2. At 67 FR 18139, Apr. 15, 2002, Sec. 679.20 was amended by removing paragraph (f)(4) and revising paragraph (f)(2), effective May 15, 2002.