Fisheries of the Exclusive Economic Zone Off Alaska; Allocating Gulf of Alaska Fishery Resources, 33040-33099 [06-5104]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 71, Number 109 (Wednesday, June 7, 2006)]
[Proposed Rules]
[Pages 33040-33099]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5104]



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Part II





Department of Commerce





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National Oceanic and Atmospheric Administration



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50 CFR Part 679



Fisheries of the Exclusive Economic Zone Off Alaska; Allocating Gulf of 
Alaska Fishery Resources; Proposed Rule

Federal Register / Vol. 71, No. 109 / Wednesday, June 7, 2006 / 
Proposed Rules

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 060511126-6126-01; I.D. 050306E]
RIN 0648-AT71


Fisheries of the Exclusive Economic Zone Off Alaska; Allocating 
Gulf of Alaska Fishery Resources

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 issues a proposed rule to Amendment 68 to the Fishery 
Management Plan for Groundfish of the Gulf of Alaska (FMP). This action 
would implement statutory provisions for the Central Gulf of Alaska 
Rockfish Pilot Program (hereinafter referred to as the Program). This 
proposed action is necessary to increase resource conservation and 
improve economic efficiency for harvesters and processors who 
participate in the fishery. This action is intended to promote the 
goals and objectives of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act), the FMP, and other applicable 
law.

DATES: Comments must be received no later than July 24, 2006.

ADDRESSES: Send comments to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Records Office. Comments may be submitted by:
     Mail: P.O. Box 21668, Juneau, AK 99802.
     Hand Delivery to the Federal Building: 709 West 9th 
Street, Room 420A, Juneau, AK.
     Fax: 907-586-7557.
     E-mail: 0648-AT71-CGRockfish@noaa.gov. Include in the 
subject line of the e-mail the following document identifier: Central 
Gulf Rockfish RIN 0648-AT71. E-mail comments, with or without 
attachments, are limited to 5 megabytes.
     Web form at the Federal eRulemaking Portal: 
www.regulations.gov. Follow the instructions at that site for 
submitting comments.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted to NMFS (see ADDRESSES) and by e-mail at 
David--Rostker@omb.eop.gov or by fax to 202-395-7285.
    Copies of Amendment 68 and the Environmental Assessment/Regulatory 
Impact Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) for 
this action may be obtained from the NMFS Alaska Region at the address 
above or from the Alaska Region Web site at https://www.fakr.noaa.gov/
sustainablefisheries.htm.

FOR FURTHER INFORMATION CONTACT: Glenn Merrill, 907-586-7228 or 
glenn.merrill@noaa.gov.

SUPPLEMENTARY INFORMATION: NMFS manages Gulf of Alaska (GOA) groundfish 
fisheries through the authority of the Magnuson-Stevens Act. Congress 
granted NMFS specific statutory authority to manage Central GOA 
rockfish fisheries in Section 802 of the Consolidated Appropriations 
Act of 2004 (Pub. L. 108-199; Section 802). In Section 802, Congress 
required the North Pacific Fishery Management (Council) to establish 
the Program with specific provisions. The Program was developed and 
recommended by the Council to meet the requirements of Section 802, 
which states:

    SEC. 802. GULF OF ALASKA ROCKFISH DEMONSTRATION PROGRAM. The 
Secretary of Commerce, in consultation with the North Pacific 
Fishery Management Council, shall establish a pilot program that 
recognizes the historic participation of fishing vessels (1996 to 
2002, best 5 of 7 years) and historic participation of fish 
processors (1996 to 2000, best 4 of 5 years) for Pacific ocean 
perch, northern rockfish, and pelagic shelf rockfish harvested in 
Central Gulf of Alaska. Such a pilot program shall (1) provide for a 
set-aside of up to 5 percent for the total allowable catch of such 
fisheries for catcher vessels not eligible to participate in the 
pilot program, which shall be delivered to shore-based fish 
processors not eligible to participate in the pilot program; (2) 
establish catch limits for non-rockfish species and non-target 
rockfish species currently harvested with Pacific ocean perch, 
northern rockfish, and pelagic shelf rockfish, which shall be based 
on historical harvesting of such bycatch species. The pilot program 
will sunset when a Gulf of Alaska Groundfish comprehensive 
rationalization plan is authorized by the Council and implemented by 
the Secretary, or 2 years from date of implementation, whichever is 
earlier.

    The Council adopted the proposed Program on June 6, 2005. This 
proposed action would meet the requirements of Section 802 by 
considering harvesting activities from 1996 until 2002 and historic 
processing activities from 1996 until 2000. The Program would recognize 
the historic participation of fishing vessels by allowing harvesters 
delivering onshore to form cooperatives and to receive an exclusive 
annual harvest privilege for those cooperatives. The Program would 
recognize the historic participation of processors by requiring 
cooperatives to form in association with a processor, effectively 
recognizing processors with processing activities during the historic 
period established in Section 802.
    NOAA General Counsel reviewed Section 802 and in a February 3, 2005 
legal opinion to the Council concluded that:

    (1) Section 802 requires the Secretary of Commerce (Secretary) 
and the Council to recognize the historic participation of fishing 
vessels and fish processors for specific time periods, geographical 
areas, and rockfish species when establishing the [Program]; and (2) 
Section 802 does not authorize recognition of the historic 
participation of fishing vessels or processors in years other than 
those specified in Section 802. Further, Section 802 defines the 
range of years, but does not specify that a processor must have 
actually processed in each of those years in order to be eligible to 
participate in the [Program].

    The opinion by NOAA General Counsel noted further that:

    Section 802 authorizes the Council and Secretary to develop a 
program that would establish ``[American Fisheries Act(AFA)]-style'' 
cooperatives or a program that would establish limited entry 
licenses for processors in the CGOA rockfish fishery. However, 
Section 802 does not authorize the establishment of processor shares 
since they are prohibited under Section 802 of the [Consolidated 
Appropriations Act of 2004]. The legislative history supports the 
position that the Council is authorized to consider a broad range of 
``appropriate'' management schemes, including ``AFA-style'' 
cooperatives, which are specifically mentioned in the legislative 
history. * * *

    The Council considered the Congressional guidance in the 
development of the Program, particularly in the selection of specific 
years on which to base participation, and for the ``recognition'' of 
processor participation. While NMFS does not have specific authority 
under the Magnuson-Stevens Act to directly regulate on-shore processing 
activities, Section 802 requires NMFS to regulate on-shore processors 
under this Program.
    Concurrent with the enactment of Pub. L. 108-199, Section 802, in 
2004, industry representatives for harvesters and processors developed 
proposed elements for the Program and vetted those alternatives, 
elements, and options and submitted them to the Council for 
consideration. The Council and NMFS prepared analytical documents (EA/
RIR/IRFA) for the

[[Page 33041]]

Program that reviewed alternative methods to improve the economic 
efficiency in the Central GOA fisheries. These included: Status quo 
management under the License Limitation Program (LLP); the formation of 
harvester cooperatives that would receive an exclusive annual harvest 
privilege that did not require linkage with a specific processor but 
that established a limited number of eligible processors; and the 
preferred alternative, which would permit the formation of harvester 
cooperatives that must be formed in association with a qualified 
processor, and that would receive an exclusive annual harvest 
privilege.
    Currently, rockfish fisheries, and many other groundfish fisheries, 
are managed under the LLP. The LLP requires harvesters to possess an 
LLP license to participate in GOA fisheries, but does not provide 
specific exclusive harvest privileges to LLP holders. Harvesters with 
LLP licenses compete with each other for the total allowable catch 
(TAC) assigned to the fishery. This competition creates economic 
inefficiencies. Harvesters increase the fishing capacity of their 
vessels to outcompete other vessels. This results in an accelerated 
rate of fishing as fishermen race to harvest more fish than their 
competitors. Similarly, processors increase their processing capacity 
to outcompete other processors. These incentives to increase harvesting 
and processing capacity reduce the ability of harvesters and processors 
to extract additional value from the fishery products because the TAC 
is harvested and processed quickly. This rapid pace provides few 
opportunities to focus on quality or produce product forms that require 
additional time but yield greater value.

Central GOA Rockfish Pilot Program Overview

    The Program was developed by trawl industry representatives, 
primarily from Kodiak, Alaska, in conjunction with catcher/processor 
representatives. They sought to improve the economic efficiency of the 
Central GOA rockfish fisheries by developing a program that would 
establish cooperatives that would receive exclusive harvest privileges. 
These rockfish fisheries are almost exclusively harvested by trawl 
vessels in Federal waters.
    This proposed rule would implement the Program as developed by the 
Council. The Program would be authorized for two years, from January 1, 
2007, until December 31, 2008. The Program would provide exclusive 
harvesting and processing privileges for a specific set of rockfish 
species and for associated species harvested incidentally to those 
rockfish in the Central GOA--an area from 147[deg] W. long. to 159[deg] 
W. long.
    The rockfish species for which exclusive harvesting and processing 
privileges would be allocated under the Program are the primary 
rockfish species. The primary rockfish species are northern rockfish, 
Pacific ocean perch, and pelagic shelf rockfish. The species 
incidentally harvested by vessels during rockfish fisheries in the 
Central GOA are the secondary species. The secondary species managed 
under this Program for which an exclusive harvesting and processing 
privilege would be allocated include: Pacific cod, rougheye rockfish, 
shortraker rockfish, sablefish, and thornyhead rockfish.
    The Program would also allocate a portion of the total GOA halibut 
mortality limit to participants based on historic halibut mortality 
rates in the primary rockfish species fisheries. Halibut caught by 
trawl gear is considered to be a prohibited species catch (PSC) and may 
not be retained or sold under regulations established under the 
authority of the Northern Pacific Halibut Act of 1982. However, the 
Program would provide participants a fixed amount of incidental halibut 
mortality for use through an allocation of halibut bycatch, 
specifically an allocation of the halibut mortality limit. Halibut is 
incidentally caught and killed in a number of the primary rockfish 
species and secondary species fisheries. The Program would account for 
this halibut mortality by providing a portion of the GOA halibut 
mortality limit to Program participants. To maintain consistency with 
terms currently used by NMFS and the fishing industry, this halibut 
mortality limit would be called a halibut PSC limit.
    The Program would allocate harvest privileges to holders of LLP 
licenses with a history of Central GOA rockfish landings associated 
with those licenses. The allocation of legal landings to an LLP license 
would allow the holder of that LLP license to participate in the 
Program and receive an exclusive harvest privilege under certain 
conditions. Specifically, the Program would:
    1. Assign quota share (QS) for primary rockfish species to an LLP 
license with a trawl gear designation in the Central GOA. The Program 
would assign QS to an LLP license based on the legal landings of 
primary rockfish species associated with that LLP license. A person 
could receive this QS if the LLP license had a history of primary 
rockfish species landings during a specific time period associated with 
the license and the person holding the LLP license met other 
eligibility requirements. Once QS was assigned to a specific LLP 
license it could not be divided or transferred separately from that LLP 
license. On an annual basis, a LLP holder would assign the LLP license 
and QS assigned to that LLP license for use in a rockfish cooperative, 
limited access fishery, or opt-out fishery.
    2. Establish eligibility criteria for processors to have an 
exclusive privilege to receive and process primary rockfish species and 
secondary species allocated to harvesters in this Program.
    3. Allow a person holding a LLP license with QS to form a rockfish 
cooperative with other persons (i.e., harvesters) on an annual basis. 
Rockfish cooperatives would receive an annual cooperative fishing quota 
(CFQ), which would be a dedicated amount of primary rockfish species 
and secondary species that the rockfish cooperative could harvest in a 
given year. Rockfish cooperatives also would receive an annual CFQ that 
would be a limit on the amount of halibut PSC the cooperative could use 
while prosecuting its primary rockfish species and secondary species 
CFQ. The amount of CFQ assigned to a cooperative would be based on the 
sum of the QS held by all the harvesters participating in the rockfish 
cooperative. A rockfish cooperative could form only under specific 
conditions. A person holding a LLP license that allows them to catch 
and process their catch at sea (catcher/processor vessel LLP) could 
form a rockfish cooperative with other persons holding catcher/
processor LLP licenses. A person holding a LLP license that allows them 
only to deliver their catch onshore (catcher vessel LLP) could only 
form a rockfish cooperative with other persons holding catcher vessel 
LLP licenses and only in association with the processor to whom those 
persons have historically delivered most of their catch.
    4. Allow rockfish cooperatives to transfer all or part of their CFQ 
to other rockfish cooperatives, with some restrictions.
    5. Provide an opportunity for a person not in a rockfish 
cooperative, but who holds an LLP license with QS, to fish in a limited 
access fishery. NMFS would not allocate a specific amount of fish to a 
specific harvester in the limited access fishery. All harvesters in the 
limited access fishery would compete with all other such harvesters to 
catch the TAC assigned to the limited access fishery. The TAC assigned 
to the limited access fishery would represent the total amount of fish 
assigned to all the

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persons with LLP licenses designated for the limited access fishery.
    6. Establish a small entry level fishery for Central GOA rockfish 
for harvesters and processors not eligible to receive QS under this 
Program.
    7. Allow holders of catcher/processor LLP licenses to opt-out of 
the Program, with certain limitations.
    8. Limit the ability of processors to process catch outside the 
communities in which they have traditionally processed primary rockfish 
species and associated secondary species.
    9. Establish catch limits, commonly called ``sideboards,'' to limit 
the ability of participants eligible for this Program to harvest fish 
in fisheries other than the Central GOA rockfish fisheries. The Program 
would provide certain economic advantages to harvesters. Harvesters 
could use this economic advantage to increase their participation in 
other fisheries, adversely affecting the participants in other 
fisheries. Sideboards would limit the total amount of catch in other 
groundfish fisheries that could be taken by eligible harvesters to 
historic levels. Sideboards would limit harvests made in the state 
parallel groundfish fisheries, which are fisheries opened by the State 
of Alaska in state waters concurrent with the Federal season to allow 
the prosecution of the TAC. Sideboards would limit harvest in specific 
rockfish fisheries and the amount of halibut bycatch that could be used 
in certain flatfish fisheries. General sideboards would apply to all 
vessels and LLP licenses with legal landings associated with that 
vessel or LLP license that could be used to generate QS. Additionally, 
specific sideboards would apply to certain catcher/processor and 
catcher vessels and LLP licenses.
    10. Create a monitoring and enforcement mechanism to ensure that 
harvesters maintain catches within their annual allocations and would 
not exceed sideboard limits.
    The Program would provide greater security to harvesters in 
rockfish cooperatives by creating an exclusive harvest privilege. 
Although participants in the limited access fishery, opt-out fishery, 
and entry level fishery would not receive a guaranteed catch 
allocation, most harvesters would be likely to participate in a 
rockfish cooperative that receives CFQ. The Program likely would result 
in a slower-paced fishery and could provide the ability for the 
harvester to choose when to fish and therefore avoid poor weather. The 
Program likely would provide greater stability for processors by 
spreading out production over a greater period of time. These changes 
would increase the focus on product quality in all sectors.

Cost Recovery and Fee Collection Provisions

    Section 304(d)(2)(A) of the Magnuson-Stevens Act requires the 
Secretary to ``collect a fee to recover the actual costs directly 
related to the management and enforcement of any * * * individual 
fishing quota program [or] community development quota program.'' Any 
individual fishing quota (IFQ) program, must follow the statutory 
provisions set forth by section 304(d)(2) of the Magnuson-Stevens Act 
and other provisions of the Magnuson-Stevens Act related to cost 
recovery and fee collection for IFQ programs. NMFS and NOAA General 
Counsel are reviewing the applicability of the Magnuson-Stevens Act 
provisions on cost recovery and fee collection to the Program. If 
subsequent review of the Magnuson-Stevens Act and the Program indicate 
that a fee collection provision is required, NMFS would implement any 
required provision in a subsequent regulatory amendment to the Program.

Specific Components of the Program

Quota Share Allocation and Eligibility

    The Program would establish eligibility criteria for harvesters and 
processors. Only harvesters that are eligible for the Program could 
receive an exclusive harvest privilege through the formation of a 
rockfish cooperative. Eligible harvesters would also be allowed to fish 
in a limited access fishery if they chose not to join a cooperative. 
Eligible harvesters with LLP licenses designated for the catcher/
processor sector could choose to opt-out of most of the aspects of the 
Program. Processor eligibility would be established based on processors 
meeting minimum processing requirements during a specific historic 
period. Processors that are eligible for the Program could form 
exclusive associations with harvester cooperatives that are formed by 
eligible harvesters holding LLP licenses designated for the catcher 
vessel sector. The eligible processors would be authorized to process 
the fish harvested in the limited access fishery by harvesters not in 
cooperatives.
Quota Share
    Quota share is the term used to describe the multi-year privilege 
to be eligible to receive exclusive harvest privileges under the 
Program. Although the Council did not use the specific term ``quota 
share'' when describing the ability to receive a harvest privilege 
under this Program, the Council used the terms ``LLP historic shares,'' 
``CV historic shares,'' ``CP historic shares,'' and ``harvest shares'' 
to describe the harvest privilege that is linked to historic harvests 
attributed to an LLP license. Rather than create a new term to explain 
an established concept, NMFS would use the term ``quota share'' to 
describe a harvest privilege based on historic harvest activities. The 
use of the term ``quota share'' does not alter the original intent of 
the Council.
    Quota share would be an attribute of the LLP license. Once NMFS 
calculated how much QS would be allocated to an LLP license, NMFS would 
modify that LLP license and designate that amount on the license. Quota 
share assigned to an LLP license could not be transferred independent 
from that LLP license. QS assigned to a LLP license would not confer a 
guaranteed harvest to the holder of that QS. QS would provide a harvest 
privilege, not a right, to its holder.
    Quota share would be the basis for the annual calculation of the 
amount of fish that may be harvested or used if that QS were assigned 
to a rockfish cooperative. Once QS was assigned to an LLP license, it 
would authorize that LLP holder to participate in the Program with that 
LLP license. If an eligible harvester assigned that LLP license, and 
its associated QS, to a cooperative with other eligible harvesters, the 
sum of the QS of all of the eligible harvesters would yield an 
exclusive annual catch limit of rockfish species, secondary species, 
and halibut PSC that could be harvested by the members of the rockfish 
cooperative. Cooperatives would be formed by eligible harvesters 
holding LLP licenses in the same sector, either the catcher/processor 
sector or the catcher vessel sector.
    If an eligible harvester assigned a LLP license with QS to the 
limited access fishery, that harvester could compete with other 
eligible harvesters for a portion of the TAC assigned to all 
participants in the limited access fishery, but would not receive a 
guaranteed harvest amount based on the QS on that LLP license. One 
limited access fishery would be established for catcher/processor 
sector, another for the catcher vessel sector.
    If an eligible harvester assigned an LLP license with QS to the 
opt-out fishery, that QS would not yield any guaranteed amount and that 
LLP license could not be used in a rockfish cooperative or limited 
access fishery. Only eligible harvesters holding LLP licenses 
designated for the catcher/processor sector could choose to participate 
in the opt-out fishery.

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    Eligibility for harvesters. The Program would allocate QS to LLP 
license holders based on the catch history associated with the LLP 
licenses held by that person at the time of application. Eligibility to 
receive QS would be based on the history of legal landings of primary 
rockfish species in the Central GOA associated with an LLP license.
    A person would be eligible to receive QS under this Program if: (1) 
That person held the LLP license at the time of application; (2) a 
vessel made landings of primary rockfish species attributed to that LLP 
license during a specific time period; (3) those landings were legal 
landings; and (4) that person submitted a timely application that is 
subsequently approved by NMFS.
    A holder of an LLP license would be required to hold a permanent 
fully transferable LLP license endorsed for Central GOA groundfish with 
a trawl designation at the time of application to participate in the 
Program. Although the Council motion notes that an interim LLP license 
would be considered as eligible for QS under this Program, NMFS has 
resolved all claims for interim LLP licenses that are endorsed for 
Central GOA groundfish with a trawl designation. Therefore, interim LLP 
licenses would not be considered eligible LLP licenses for this 
Program.
    NMFS would assign QS to a LLP license if legal landings were 
attributed to that LLP license, or made under the authority of that LLP 
license for any of the primary rockfish species during the directed 
fishing seasons during the time period established in Table 1. The LLP 
was effective on January 1, 2000 (63 FR 52642). Some of the primary 
rockfish species landings that could result in QS could have been made 
on a vessel before the LLP was effective, and LLP licenses had been 
issued; this would include any landings made between 1996 and 1999. Any 
primary rockfish species landings made on a vessel between 1996 and 
1999 would be attributed to the LLP license that was originally issued 
in 2000 based on the activities of that vessel. Some landings that 
would result in QS could have been made after the effective date of the 
LLP and under the authority of an LLP license; this would include 
landings made between 2000 and 2002. This Program would include legal 
landings made before and after the effective date of the LLP.
    NMFS did not track the use of an LLP license on a specific vessel 
during the 2000 and 2001 calendar years. NMFS would attribute legal 
landings for 2000 to 2001 to an LLP license based on the presumption 
that the LLP license was used aboard the same vessel to which that LLP 
license was originally issued in 2000. An applicant to receive QS would 
be required to submit documentation establishing otherwise. This 
written documentation would have to be submitted to NMFS for review 
during the application process.
    Multiple LLP licenses can be used on a vessel. Therefore, landings 
made on a vessel could have been assigned to more than one LLP license. 
If more than one person claims the same landing to be assigned to more 
than one LLP license, then each LLP license would be assigned an equal 
share of the QS resulting from that landing. NMFS would award the QS 
resulting from a landing in another manner, only if the applicants 
could provide written documentation of an agreement establishing an 
alternative means for distributing the QS. This written documentation 
would have to be provided to NMFS for review during the application 
process. NMFS anticipates very few landings would be claimed by more 
than one person for more than one LLP license based on experience with 
previous rationalization programs.
    A legal landing would include fish caught, retained, and reported 
in compliance with state and Federal regulations in effect at the time 
of landing. Specifically, the definition of a legal landing would be 
further defined for catcher vessels and catcher/processor vessels as 
follows:
    For catcher vessels, a legal landing would include the harvest of 
groundfish from the Central GOA regulatory area that was offloaded and 
recorded on a State of Alaska fish ticket during the directed fishing 
season for the primary rockfish fisheries, and an amount of halibut 
mortality that was attributed to that catcher vessel sector during the 
directed fishing season for the primary rockfish fisheries as shown in 
Table 1.
    For catcher/processors, a legal landing would include the harvest 
of groundfish from the Central GOA regulatory area that is recorded on 
a NMFS weekly production reports (WPRs) during the directed fishing 
season for the primary rockfish fisheries, and an amount of halibut 
mortality attributed to the catcher/processor sector during the 
directed fishing season for the primary rockfish fisheries as shown in 
Table 1.
    The directed fishing season dates that would be used to establish a 
legal landing for each of the primary species are presented in Table 1:

                                                   Table 1.--Dates Each Year for Legal Landings of Primary Species Fisheries Under the Program
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                                                                                                                Year
A legal rockfish landing includes --------------------------------------------------------------------------------------------------------------------------------------------------------------
                                            1996                   1997                   1998                   1999                   2000                  2001                  2002
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Northern rockfish that were        July 1-July 20.......  July 1-July 10.......  July 1-July 14.......  July 1-July 19 and     July 4-July 26.......  July 1-July 23 and    June 30-July 21.
 harvested between;                                                                                      Aug. 6-Aug. 10.                               Oct. 1-Oct. 21.
and landed by....................  July 27..............  July 17..............  July 21..............  July 26 and Aug. 16,   August 2.............  July 30 and Oct. 28,  Aug. 2.
                                                                                                         respectively.                                 respectively.
Pelagic shelf rockfish that were   July 1-Aug. 7 and      July 1-July 20.......  July 1-July 19.......  July 1-Sept. 3.......  July 4-July 26.......  July 1-July 23 and    June 30-July 21.
 harvested between;                 Oct. 1-Dec. 2.                                                                                                     Oct. 1-Oct. 21.
and landed by....................  Aug. 14 and Dec. 9,    July 27..............  July 26..............  Sept. 10.............  Aug. 2...............  July 30 and Oct. 28,  July 28.
                                    respectively.                                                                                                      respectively.
Pacific ocean perch that were      July 1-July 11.......  July 1-July 7........  July 1-July 6 and      July 1-July 11 and     July 4-July 15.......  July 1-July 12......  June 30-July 8.
 harvested between;                                                               July 12-July 14.       Aug. 6-Aug. 8.
and landed by....................  July 18..............  July 14..............  July 13 and July 21,   July 18 and Aug. 15,   July 22..............  July 19.............  July 15.
                                                                                  respectively.          respectively.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

    As shown in Table 1, NMFS would consider legal landings for QS if 
the harvests were made during the season opening and the landings were 
reported within seven days after the end of the directed fishing 
season. This seven day

[[Page 33044]]

extension would accommodate harvesters that caught rockfish during the 
directed fishing season, but were not able to deliver that catch until 
after the season ended. Several days may be required for a harvesting 
vessel to reach processing facilities after the end of a season, and 
the seven day extension would accommodate those harvesters. 
Additionally, this seven day period would accommodate catcher/
processors that submitted WPRs in a timely manner. Because the WPR is 
required on a weekly basis, the season could have ended before the WPR 
submission deadline had been reached. A seven day period after the end 
of the directed fishing season to report landings would accommodate 
catcher/processors submitting WPRs.
    A timely application would include a complete application to 
participate in the Program is that is received by NMFS not later than 5 
p.m. on December 1, 2006, or postmarked by that date. The application 
process and specific components required in the application are 
detailed under Application and Appeal Process below.
    NMFS would consider an eligible rockfish harvester as any person 
who holds an LLP license with QS. The LLP license holder may have 
obtained the QS by submitting an approved application to participate in 
the Program, or received the LLP license with QS through a NMFS-
approved transfer. The procedures for receiving an LLP license through 
by transfer are described in regulations at 50 CFR 679.4(k)(7).

Eligibility for Processors

    The Program would require that processors meet certain eligibility 
requirements to receive any primary or secondary species fish harvested 
by a rockfish cooperative, or in a limited access fishery. Processors 
that do not meet these eligibility requirements could receive only 
primary rockfish harvested from the Central GOA under the entry level 
fishery. Processor eligibility would not guarantee a processor a 
specific quantity of fish for delivery. It would give processors the 
ability to associate with a rockfish cooperative with catcher vessel 
harvesters or to compete with other eligible processors to receive fish 
harvested in the limited access fishery.
    Eligibility to participate as a processor in the Program would be 
limited to those persons who: (1) Hold the processing history of a 
processing facility; (2) meet a minimum amount of annual primary 
rockfish processing; and (3) submit a timely application approved by 
NMFS. Persons who meet this requirement would be an eligible rockfish 
processor and would be authorized to receive and process fish harvested 
under the Program. Once a person is an eligible processor, that person 
may transfer this privilege, subject to approval by NMFS.
    A person would hold the processing history of a shoreside processor 
or stationary floating processor if he or she owned the processing 
facility at the time of application to participate in the Program, or 
if that person held the processing history from an otherwise qualified 
processing facility under the express terms of a written contract that 
clearly and unambiguously provides that such processing history is held 
by that person. A copy of this contract would need to be submitted to 
NMFS for review with the application.
    The effect of this provision is that a person could hold processing 
history that was earned during the qualifying years even if that person 
does not own the processing facility where those rockfish were 
processed. This provision would address a concern raised by the public 
during the development of the Program. At least one processing facility 
that actively processed primary rockfish species during the qualifying 
years, and could be eligible under the Program is no longer active. The 
processing history from that processing facility was sold to another 
processing entity. Allowing a person to hold processing history without 
owning the facility at which that processing history was earned would 
allow the holder of the processing history to continue to receive 
primary rockfish species and secondary species under the Program and be 
eligible to associate with harvesters in a rockfish cooperative.
    To become an eligible processor, the holder of processing history 
must hold processing history from a shoreside processor or stationary 
floating processor entity that received not less than 250 metric tons 
in round weight equivalent of legally landed primary rockfish species 
each calendar year in any four of the five calendar years from 1996 
through 2000 during the directed fishing season. The season dates are 
the same as those established in Table 1 for harvesters. NMFS will use 
State of Alaska fish tickets to determine legal landings of rockfish 
for processors.
    If the Program is approved by the Secretary of Commerce, a timely 
processor application would need to be submitted and received by NMFS 
not later than 5 p.m. on December 1, 2006. The specific components of 
the application are described under Application and Appeal Process 
below.

The Official Rockfish Program Record

    NMFS would determine the amount of an eligible applicant's QS, or a 
person's eligibility as a processor, based on a review of the Official 
Rockfish Program Record (Official Record). NMFS would produce the 
Official Record from data including State of Alaska fish tickets, NMFS 
WPRs, and other relevant information. NMFS would presume the Official 
Record is correct and an applicant would have the burden of 
establishing otherwise through an evidentiary appeals process. That 
process is described under Application and Appeal Process below.

Application and Appeal Process

    To receive QS or processor eligibility, a potentially eligible 
harvester or processor must submit an application to participate in the 
Program that is received by NMFS by 5 p.m. on December 1, 2006, or 
postmarked by that date (if mailed). NMFS would facilitate the 
application process by making the application form available on the 
NMFS, Alaska Region website https://www.fakr.noaa.gov. Interested 
persons may contact NMFS to request an application package. NMFS would 
mail an application package to all potentially eligible LLP license 
holders based on the address on record at the time the application 
period opens. An application may be submitted by mail, fax, or hand 
delivery. The proposed regulatory text (see Sec.  679.81(e)) provides 
addresses and delivery locations.
    NMFS would require an application to participate in the Program for 
potentially eligible processors and harvesters. The proposed regulatory 
text (see Sec.  679.81(e)) provides a detailed list of the information 
required for the application. Briefly, the application would contain 
the following elements:
    1. Identification and contact information for the applicant;
    2. Harvester information, including vessel identification and LLP 
licenses used on a vessel (harvesters only);
    3. Identification of processing activities, locations, and 
processing history held by the applicant (processors only); and
    4. Name of the community in which fish were processed (processors 
only). The community is either the city if the community is 
incorporated as a city within the State of Alaska, or the borough if 
the community is not in a city incorporated within the State of Alaska 
and the city is in a borough as incorporated within the State of 
Alaska;
    5. The four of the five calendar years from 1996 through 2000 to 
establish which harvesters would be included for

[[Page 33045]]

consideration when establishing a rockfish cooperative in association 
with that processor--the processor qualifying period (processors only);
    6. A copy of the contract that the legal processing history and 
rights to apply for and receive processor eligibility based on that 
legal processing history have been transferred or retained (if the 
processing history has been transferred);
    7. Any other information deemed necessary by NMFS. NMFS may request 
additional information to clarify the application and determine if an 
applicant's LLP license is qualified to receive QS, or if an applicant 
is an eligible rockfish processor; and
    8. The applicant's signature and certification.
    NMFS would evaluate applications submitted during the specified 
application period and compare all claims in an application with the 
information in the Official Record. NMFS would accept claims in an 
application it determines to be consistent with information in the 
Official Record. NMFS would not accept inconsistent claims in the 
applications, unless verified by documentation. An applicant who 
submits inconsistent claims, or an applicant who fails to submit 
information supporting his or her claims with their application, would 
be provided a single 30-day evidentiary period to submit the specified 
information, submit evidence to verify his or her inconsistent claims, 
or submit a revised application with claims consistent with information 
in the Official Record. An applicant who submits claims that are 
inconsistent with information in the Official Record would have the 
burden of proving that the submitted claims are correct.
    NMFS would evaluate additional information or evidence to support 
an applicant's inconsistent claims submitted prior to or within the 30-
day evidentiary period. If NMFS were to determine that the additional 
information or evidence met the applicant's burden of proving that the 
inconsistent claims in his or her application were correct, NMFS would 
amend the Official Record with that information or evidence. NMFS would 
use this information or evidence to determine the applicant's 
eligibility. However, if NMFS were to determine that the additional 
information or evidence did not meet the applicant's burden of proof 
that the inconsistent claims in his or her application were correct, 
NMFS would deny the inconsistent claims. NMFS would notify the 
applicant that the additional information or evidence did not meet the 
burden of proof to change the information in the Official Record 
through an initial administrative determination (IAD).
    NMFS would prepare and send an IAD to the applicant following the 
expiration of the 30-day evidentiary period if NMFS were to determine 
that the information or evidence provided by the applicant failed to 
support the applicant's claims and is insufficient to rebut the 
presumption that the Official Record is correct. NMFS' IAD would 
indicate the deficiencies and discrepancies in the application, or 
revised application, including any deficiencies in the information, or 
the evidence submitted in support of the information. NMFS' IAD would 
indicate which claims could not be approved based on the available 
information or evidence. An applicant could appeal an IAD. The appeals 
process is described under 50 CFR 679.43. An applicant who appeals an 
IAD would not receive contested landing data until the appeal was 
resolved in the applicant's favor.
    Once NMFS has approved an application from a person holding a valid 
fully transferrable LLP license with legal rockfish landings, that 
person would be an eligible rockfish harvester. Once NMFS has approved 
an application from a person with legal rockfish processing history, 
that person would be an eligible rockfish processor.

Quota Share Calculation Method for Primary Rockfish Species

    Once NMFS has determined that a person is an eligible rockfish 
harvester, NMFS would specify the QS for the primary rockfish species 
for each LLP license held by that eligible rockfish harvester.
    An eligible rockfish harvester who holds an LLP license endorsed 
for Central GOA groundfish fisheries with a catcher/processor trawl 
designation would be eligible to receive QS to participate in the 
catcher/processor sector. The allocation would be based on any legal 
landings of primary species that were harvested and processed aboard 
the vessel from which that LLP license was derived or used during the 
qualifying periods. If landings were made on a vessel that was 
originally issued an LLP license in 2000 with a catcher/processor 
designation, but the primary rockfish species legally landed by that 
vessel were not caught and processed onboard that vessel, NMFS would 
assign any QS resulting from those legal landings to the catcher vessel 
sector. Based on an initial review of legal landings data, NMFS does 
not anticipate any such allocations.
    An eligible rockfish harvester who holds an LLP license endorsed 
for Central GOA groundfish fisheries with a trawl designation and with 
landings that were not processed at sea would be eligible to receive QS 
to participate in the catcher vessel sector. The allocation would be 
based on any legal landings of primary species that were harvested 
aboard the vessel from which that LLP license was derived or used 
during the qualifying periods.

QS Calculation Procedure

    NMFS would calculate the QS for each of the three primary rockfish 
species for each fully transferable LLP license held by an eligible 
rockfish harvester using the following procedures.
    First, NMFS would sum the legal landings of each primary rockfish 
species for each year from 1996 through 2002, including years with zero 
pounds, during the fishery seasons listed in Table 1.
    Second, NMFS would sum the five years with highest poundage of 
legal landings for that LLP license for that primary rockfish species 
(referred to the highest five years for that LLP license).
    Third, NMFS would divide the highest five years for that LLP 
license by the sum of all the pounds for all of the highest five years 
for all LLP licenses for that primary rockfish species. This remaining 
amount is the ratio of the highest five years of legal landings for 
that LLP license compared to the highest five years for all LLP 
licenses with legal landings.
    Fourth, NMFS would multiply this ratio by the initial QS pool for 
that primary rockfish species in units. This would yield the QS that 
would be issued for that LLP license in QS units. The Council 
recommended that the sum of all the initial QS units in a fishery would 
equal the sum of the 2002 TAC for that fishery (expressed in pounds). 
Using a conversion of 2204.6 pounds per metric ton for the 2002 TACs, 
the initial QS pool units that would be issued for the three primary 
species fisheries are: Northern rockfish--9,193,182 QS units; pelagic 
shelf rockfish--7,672,008 QS units; Pacific ocean perch--18,121,812 QS 
units. In future years, the total QS units in a fishery would vary from 
the initial QS pool only if subsequent appeals, enforcement actions, or 
other operations of law were to affect the total number of QS units 
(e.g., Congressional action).
    Fifth, NMFS would determine the amount of QS units for that LLP 
license for a primary rockfish species that would be assigned to the 
catcher/processor sector. NMFS would determine the percentage of legal 
landings in the highest five years for

[[Page 33046]]

that LLP license used to calculate the QS assigned to the catcher/
processor sector and would multiply the QS units for that license by 
this percentage. This yields the QS units that would be assigned to the 
catcher/processor sector for that LLP license.
    Finally, NMFS would determine the amount of QS units for that LLP 
license for a primary rockfish species that would be assigned to the 
catcher vessel sector. NMFS would determine the percentage of legal 
landings in the highest five years for that LLP license used to 
calculate the QS assigned to the catcher vessel sector and multiply the 
QS units for that license by this percentage. This yields the QS units 
to that would be assigned to the catcher vessel sector for that LLP 
license.
    The total amount of QS units assigned to the catcher vessel sector 
would be equal to the sum of all QS units assigned to all eligible 
rockfish harvesters in the catcher vessel sector. The total amount of 
QS assigned to the catcher/processor sector would be equal to the sum 
of all QS units assigned to all eligible rockfish harvesters in the 
catcher/processor sector.
    If an application is denied by final agency action, then all 
primary rockfish species that would have been assigned to that 
applicant based on that LLP license would be redistributed among all 
other eligible rockfish harvesters in that sector in proportion to the 
amount of their primary species QS. Based on previous experience with 
other rationalization programs (e.g., the Halibut and Sablefish IFQ 
Program and the Bering Sea/Aleutian Islands (BSAI) Crab Rationalization 
Program), NMFS anticipates that almost all potential recipients of QS 
will apply.
    NMFS would not issue separate QS for the secondary species or 
halibut PSC. Instead, NMFS would use the amount of primary rockfish 
species QS to determine the specific annual catch amount for those 
species. The Council recommended that NMFS base the annual catch limit 
of secondary species and halibut PSC on the historic harvests of 
primary rockfish species attributed to LLP licenses in that sector. 
NMFS would incorporate this recommendation in the annual determination 
of the catch limit. The methods for calculating the annual catch limit 
for primary rockfish species, secondary species, and halibut PSC are 
discussed below under TAC Calculation Methods.

Participation in a Rockfish Cooperative, Limited Access Fishery, and 
Opt-Out Fishery

    An eligible rockfish harvester who receives QS allocation assigned 
to a specific LLP license would be required to assign all the QS 
associated with the LLP license to a specific rockfish cooperative, a 
limited access fishery, or the opt-out fishery. The eligible rockfish 
harvester could not assign portions of QS to different rockfish 
cooperatives, to a rockfish cooperative and the limited access fishery, 
or apportion the QS otherwise. Once an LLP license and its associated 
QS is assigned for a year, the eligible rockfish harvester could not 
reassign the LLP license or QS to a different fishery during that year.
    Each year, an eligible rockfish harvester would be required to 
apply to use the LLP license and its associated QS to participate in a 
rockfish cooperative, in the limited access fishery, or in the opt-out 
fishery. Applications would be available on the NMFS website https://
www.fakr.noaa.gov, or NMFS would mail applications to the applicant 
upon request. Applications would have to be submitted to NMFS by mail, 
fax, or hand delivery (see ADDRESSES). Applications would have to be 
submitted by December 1 each year. An eligible rockfish harvester could 
apply to participate in only one fishery per year with an LLP license 
and its associated QS. The application would be valid for one year. The 
contents of the specific applications are as follows:
    Application for CFQ. A rockfish cooperative that submits an 
application that is approved by NMFS would receive a CFQ permit. The 
CFQ permit would contain the rockfish cooperative's CFQ of primary and 
secondary species and halibut PSC, based on the collective QS of the 
LLP licenses held by the cooperative members. The CFQ permit also would 
identify the members of the rockfish cooperative and the vessels 
authorized to harvest the CFQ. A vessel named on a CFQ permit would be 
considered to be actively engaged in fishing the CFQ for that rockfish 
cooperative fishery and would be subject to all observer, permitting, 
and reporting requirements applicable to vessels fishing CFQ. A 
rockfish cooperative would be required to submit an amended application 
for CFQ to add or remove a vessel eligible to fish the CFQ assigned to 
that cooperative. NMFS would be required to approve any amendments to 
the application for CFQ. NMFS' issuance of a CFQ permit to a rockfish 
cooperative would not be a determination that the rockfish cooperative 
was formed or was operating in compliance with antitrust law.
    A complete application would be required to contain the following 
information:
    1. Identification and contact information of the rockfish 
cooperative;
    2. Names of the members of the rockfish cooperative, including 
information on the LLP licenses assigned to the rockfish cooperative;
    3. A copy of the business license and articles of incorporation or 
partnership agreement signed by the members of the rockfish 
cooperative;
    4. Terms that specify that: Processor affiliated harvesters could 
not participate in price setting negotiations except as permitted by 
general antitrust law, and that the cooperative must establish a 
monitoring program sufficient to ensure compliance with the Program; 
and
    5. Applicant(s) signature and certification.
    Application for the limited access fishery. In order to participate 
in the limited access fishery for a year, an eligible rockfish 
harvester would be required to submit an application for the limited 
access fishery. An application would include the following information:
    1. Identification and contact information of the eligible rockfish 
harvester;
    2. Information on the LLP license(s) and vessels that would be 
assigned to the limited access fishery; and
    3. Applicant signature and certification.
    Application to opt-out. In order to opt-out of the Program for a 
year, an eligible rockfish harvester with catcher/processor QS would be 
required to submit an application to opt-out. An application would 
include the following information:
    1. Identification and contact information of the eligible rockfish 
harvester;
    2. Information on the LLP license(s) and vessels that would be 
assigned to the opt-out fishery; and
    3. Applicant signature and certification.

TAC and Halibut PSC Calculation Method

    Annually, NMFS would determine the amount of primary species, 
secondary species, and halibut PSC that would be allocated to each 
fishery based on the total amount of QS assigned to each fishery. Table 
2 describes the proposed annual allocations to a rockfish cooperative, 
limited access fishery, or opt-out fishery.

[[Page 33047]]



                            Table 2.--Annual Allocations by Fishery Type and Species
----------------------------------------------------------------------------------------------------------------
           Fishery type             Primary rockfish species      Secondary species            Halibut PSC
----------------------------------------------------------------------------------------------------------------
Rockfish cooperatives............      CFQ is allocated to each rockfish cooperative with an exclusive harvest
                                                                     privilege.
Limited access fishery...........  TAC is allocated to the    No specific amount is     No specific amount is
                                    catcher vessel or C/P      allocated. The limited    allocated. Habilbut
                                    sector limited access      access fishery is         bycatch is limited by
                                    fishery. There is no       limited by a trip-based   the PSC limit for that
                                    exclusive harvest          maximum retainable        time period specified
                                    privilege. Participants    amount (MRA)              for the respective deep
                                    within the sector          established in Table 3    and shallow water
                                    compete for the TAC.       of 50 CFR part 679.       complex fisheries.
Opt-out (catcher/processor sector  No allocation. Any amount  No allocation...........  No allocation. Halibut
 only).                             that would have been                                 bycatch is limited by
                                    allocated is                                         the PSC limit for that
                                    redistributed among                                  time period specified
                                    catcher/processor sector                             for the respective deep
                                    participants in rockfish                             and shallow water
                                    cooperatives and the                                 complex fisheries.
                                    limited access fishery.
----------------------------------------------------------------------------------------------------------------

Primary Rockfish Species

    NMFS would calculate the amount of primary rockfish species TAC 
that would be assigned to the Program on an annual basis by first 
deducting the incidental catch allowance (ICA) for primary rockfish 
species harvests in other non-Program fisheries from the TAC for that 
fishery. Primary rockfish species are incidentally harvested in other 
fisheries (e.g., trawl flatfish fisheries) and NMFS must set aside some 
bycatch amount for those fisheries. After accounting for this ICA, 95 
percent of the remaining TAC for a primary rockfish species (TACs) 
would be assigned for use by rockfish cooperatives and limited access 
fisheries in the catcher vessel and catcher/processor sectors. Five 
percent of the remaining TAC would be allocated for use in the entry 
level fishery.
    The TACs would be apportioned between the catcher/
processor sector and the catcher vessel sector. The amount of 
TACs assigned to the catcher/processor sector would be 
determined by multiplying the TAC by the ratio of QS units assigned to 
all LLP licenses that receive QS in the catcher/processor sector 
divided by the QS pool for that primary rockfish fishery. The amount of 
TACs assigned to the catcher vessel sector would be 
determined by multiplying the TAC by the ratio of QS units assigned to 
all LLP licenses that receive QS in the catcher vessel sector divided 
by the QS pool for that primary rockfish fishery.
    Determining the TAC by Fishery Type. Once NMFS determines how much 
TACs is assigned to each sector, the TACs for 
each sector would be divided between the rockfish cooperative fishery 
and the limited access fishery in that sector depending on the amount 
of QS held by each LLP license assigned to each fishery.
    LLP licenses assigned to a rockfish cooperative would yield CFQ 
that would be based on the sum of all QS units associated with all LLP 
licenses assigned to the rockfish cooperative for a specific primary 
rockfish species. The annual CFQ issued to a cooperative would be equal 
to the TACs assigned to that primary rockfish fishery in 
that sector multiplied by the QS units assigned to that cooperative 
divided by the QS pool for that sector in that fishery.
    The TAC for a limited access fishery would be based on the 
proportion of the QS for that primary rockfish species in that sector 
associated with the LLP licenses assigned to the limited access 
fishery. The TACs assigned to a limited access fishery for a 
sector would be equal to the primary rockfish fishery TACs 
remaining after the allocation of CFQ was made to the rockfish 
cooperatives in that sector. These TACs would be assigned to 
a catcher vessel limited access fishery and a catcher/processor limited 
access fishery.
    In the catcher/processor sector, an adjustment to the CFQ assigned 
to rockfish cooperatives and TAC for the limited access fishery would 
be made to account for LLP licenses assigned to the opt-out fishery. 
The QS assigned to the opt-out fishery in the catcher/processor sector 
would not yield any TAC allocation for that QS. Instead, the TAC that 
would have resulted from that QS if it were assigned to a rockfish 
cooperative or limited access fishery would be redistributed to the 
rockfish cooperatives and the limited access fishery in the catcher/
processor sector. This redistribution would be proportional to the 
relative holdings of QS held by a rockfish cooperative or limited 
access fishery in the catcher/processor sector.
    See Table 4 for more information on the use of the CFQ by a 
rockfish cooperative.

Secondary Species

    The proposed rule would define secondary species as species that 
were historically harvested during the directed rockfish fisheries. 
Secondary species would be allocated as an exclusive harvest privilege 
only to rockfish cooperatives. Rockfish cooperatives would receive CFQ 
for specific secondary species. Eligible rockfish harvesters in a 
limited access fishery, or opt-out fishery, would not be allocated 
exclusive harvest privileges for secondary species. Harvesters in the 
limited access fishery or opt-out fishery would be able to retain 
secondary species during the limited access fishery, or in non-Program 
fisheries, but would be subject to a maximum retainable amount (MRA) 
limit. Secondary species allocated as CFQ to rockfish cooperatives 
would be allocated differently between cooperatives in the catcher 
vessel and catcher/processor sectors. For participants in a rockfish 
cooperative, NMFS would issue secondary species CFQ that would be 
linked to the amount of QS allocated to an LLP license.
    The secondary species would be treated differently in the catcher/
processor and catcher vessel sectors based on the historic harvest 
patterns in those sectors. Historically, harvesters in both sectors 
have tended to retain all sablefish harvested with trawl gear and 
thornyhead rockfish caught in conjunction with rockfish harvests 
because they were high value species. Traditionally, catcher vessels 
retained Pacific cod during the course of their rockfish harvests; 
however, this was less common among catcher/processors. Consequently, 
the Council recommended managing Pacific cod in the catcher vessel 
sector using an MRA that would reflect historic harvest rates but 
provide more flexibility for the fleet than a fixed ``hard cap'' 
allocation of CFQ might provide. Similarly, catcher/

[[Page 33048]]

processors typically had markets for rougheye and shortraker rockfish 
and tended to retain these species in greater proportion than catcher 
vessels and the Council recommended an allocation of these species to 
catcher/processors. However, the Council recommended an MRA for 
shortraker and rougheye rockfish for the catcher vessel fleet that 
would require the discarding of all shortraker or rougheye rockfish if 
the aggregate shortraker/rougheye MRA limit was exceeded. The MRA 
percentages recommended for the catcher vessel sector for shortraker 
and rougheye rockfish would provide some flexibility for the harvesters 
in these sectors yet maintain harvests within historic levels.
    Rockfish cooperative fishery. Table 3 shows the specific secondary 
species that would be allocated as CFQ to rockfish cooperatives in the 
catcher vessel sector and catcher/processor sector.

  Table 3.--Secondary Species Allocated to Rockfish Cooperatives in the
                      Central GOA by Fishery Sector
------------------------------------------------------------------------
                                    Rockfish              Rockfish
                               cooperatives in the   cooperatives in the
      Secondary species          catcher vessel       catcher/processor
                                     sector                sector
------------------------------------------------------------------------
Pacific cod.................  CFQ allocated based   Not allocated.
                               on the                Managed under a
                               cooperative's         maximum retainable
                               aggregate primary     amount (MRA) of
                               rockfish species QS   4.0% per trip.
                               holdings within the
                               sector.
Rougheye rockfish...........  Not allocated.        Up to 30.03% of the
                               Managed under an      TAC in the Central
                               MRA of combined       GOA is allocated as
                               rougheye/shortraker   CFQ among
                               rockfish up to 2.0%   cooperatives based
                               per trip.             on the
                                                     cooperative's
                                                     aggregate primary
                                                     rockfish species QS
                                                     holdings within the
                                                     sector.
Sablefish allocated to trawl  CFQ allocated based   Up to 58.87% of the
 gear.                         on the                TAC in the Central
                               cooperative's         GOA is allocated as
                               aggregat