Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod Allocations in the Bering Sea and Aleutian Islands Management Area, 70943-70945 [E6-20700]
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Federal Register / Vol. 71, No. 235 / Thursday, December 7, 2006 / Proposed Rules
List of Subjects in 50 CFR Part 660
Administrative practice and
procedure, American Samoa, Fisheries,
Fishing, Guam, Hawaiian Natives,
Indians, Northern Mariana Islands,
Reporting and recordkeeping
requirements.
Dated: December 4, 2006.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
PART 660—FISHERIES OFF WEST
COAST STATES AND IN THE
WESTERN PACIFIC
Authority: 16 U.S.C. 1801 et seq.
2. In § 660.505, add paragraph (n) to
read as follows:
Prohibitions.
*
*
*
*
*
(n) When fishing for CPS, deploy a net
if a southern sea otter is observed within
the area that would be encircled by the
purse seine net.
3. Section 660.520 is added to read as
follows:
sroberts on PROD1PC70 with PROPOSALS
Reporting requirements.
(a) Otter interaction. (1) If a southern
sea otter is entangled in a net, regardless
of whether the animal is injured or
killed, the vessel operator must report
this interaction within 24 hours to the
Regional Administrator.
(2) While fishing for CPS, vessel
operators must record all observations
of otter interactions (defined as otters
within encircled nets or coming into
contact with nets or vessels, including
but not limited to entanglement) with
their purse seine net(s) or vessel(s).
With the exception of an entanglement,
which must be initially reported as
described in paragraph (a)(1)of this
section, all other observations must be
reported within 20 days to the Regional
Administrator.
(3) When contacting NMFS after an
interaction, vessel operators must
provide the location (latitude and
longitude) of the interaction and a
description of the interaction itself. If
available, location information should
also include water depth, distance from
shore, and relation to port or other
landmarks. Descriptive information of
the interaction should include: whether
or not the otters were seen inside or
outside the net; if inside the net, had the
net been completely encircled; whether
any otters came in contact with either
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BILLING CODE 3510–22–S
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[I.D. 112006I]
RIN 0648–AU48
1. The authority citation for part 660
continues to read as follows:
§ 660.520
[FR Doc. E6–20770 Filed 12–6–06; 8:45 am]
DEPARTMENT OF COMMERCE
For the reasons set out in the
preamble, NMFS proposes to amend 50
CFR part 660 as follows:
§ 660.505
the net or the vessel; the number of
otters present; duration of interaction;
otter’s behavior during interaction;
measures taken to avoid interaction.
(b) [Reserved]
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod
Allocations in the Bering Sea and
Aleutian Islands Management Area
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability; request
for comments.
SUMMARY: The North Pacific Fishery
Management Council (Council) has
submitted Amendment 85 to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (FMP) to NMFS for
review. If approved, Amendment 85
would revise the current Bering Sea and
Aleutian Islands management area
(BSAI) Pacific cod allocations of total
allowable catch (TAC) among various
harvest sectors, modify the management
of Pacific cod incidental catch in other
non-target fisheries, eliminate the
groundfish reserve for Pacific cod,
increase the percentage of the BSAI
Pacific cod TAC apportioned to the
Community Development Quota (CDQ)
Program, and add a new appendix to the
FMP that summarizes the Consolidated
Appropriations Act of 2005.
Amendment 85 is necessary to reduce
uncertainty about the availability of
yearly harvests within sectors caused by
reallocations, and to maintain stability
between sectors in the BSAI Pacific cod
fishery. This would be accomplished by
establishing allocations that more
closely reflect actual use by sector than
do current allocations while considering
socioeconomic and community factors,
thus reducing the need for reallocations
during the fishing year. This proposed
amendment also is necessary to
implement recent changes to the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) that require a
PO 00000
Frm 00036
Fmt 4702
Sfmt 4702
70943
directed fishing allocation of 10 percent
to the CDQ Program upon the
establishment of a sector allocation.
This action is intended to promote the
goals and objectives of the MagnusonStevens Act, the FMP, and other
applicable laws. The amendment is
available for public review and
comment.
DATES: Comments on Amendment 85
must be received on or before February
5, 2007.
ADDRESSES: Send written comments to
Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region, NMFS, Attn:
Ellen Walsh, Records Officer. Comments
may be submitted by:
• Hand delivery: 709 West 9th Street,
Room 420A, Juneau, AK;
• E-mail: 0648–AU48–BSA85–
NOA@noaa.gov. Include in the subject
line the following document identifier:
‘‘Pacific cod RIN 0648 AU48.’’ E-mail
comments, with or without attachments,
are limited to 5 megabytes;
• Fax: 907–586–7557;
• Mail: P.O. Box 21668, Juneau, AK
99802–1668; or
• Webform at the Federal eRulemaking
Portal: https://www.regulations.gov.
Follow the instructions at that site for
submitting comments.
Copies of the Amendment 85
Environmental Assessment/Regulatory
Impact Review/Initial Regulatory
Flexibility Analysis (EA/RIR/IRFA)
prepared for this action are available
from the NMFS Alaska Region website
at www.fakr.noaa.gov or from the
mailing and street addresses listed
above.
FOR FURTHER INFORMATION CONTACT:
Becky Carls, 907–586–7228 or
becky.carls@noaa.gov.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Act requires that
each regional fishery management
council submit any FMP or FMP
amendment it prepares to NMFS for
review and approval, disapproval, or
partial approval by the Secretary. The
Magnuson-Stevens Act also requires
that NMFS, upon receiving an FMP
amendment, immediately publish a
notice in the Federal Register that the
FMP or amendment is available for
public review and comment. This
requirement is satisfied by this notice of
availability for Amendment 85.
The BSAI Pacific cod TAC, after
subtraction of reserves, currently is
subdivided, or allocated, among eight
non-CDQ fishing industry sectors based
on the type of fishing gear used
pursuant to regulations at 50 CFR
679.20(a)(7). Basically, these gear
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07DEP1
70944
Federal Register / Vol. 71, No. 235 / Thursday, December 7, 2006 / Proposed Rules
sectors include trawl gear, fixed gear
(hook-and-line and pot), and jig gear.
These basic allocations are further
subdivided between catcher/processor
vessels (CPs) that process their catch
and catcher vessels (CVs) that catch fish
but do not process it, and by length of
vessel in some cases. Some allocations
are further apportioned between
seasons. The purpose of these
allocations and apportionments is to
prevent one industry sector from
unfairly affecting the harvesting
opportunities of other sectors and to
ensure temporal dispersion of harvest to
protect Steller sea lions. Several FMP
amendments, implemented beginning in
1994, have allocated Pacific cod among
these harvesting sectors. The previous
and current allocations by sector, and
those proposed under Amendment 85,
are summarized in the following table.
PERCENT SECTOR ALLOCATIONS BY AMENDMENT OF BSAI PACIFIC COD NON-CDQ TAC
Amendment
24
(59 FR 4009,
January 28,
1994)
Sector
Jig
Amendment
46
(61 FR
59029, November 20,
1996)
Amendment
64
(65 FR
51553, August 24,
2000)
Amendment
77
(68 FR 49416,
August 18,
2003)(Current)
Proposed
Amendment
85
2.0
2.0
2.0
1.4
44.0
51.0
0.7
0.7
2.0
0.2
0.2
0.2
40.8
40.8
48.7
9.3
1.7
1.5
7.6
Hook-and-line/pot CV < 60ft (18.3 m) LOA
2.0
8.4
Hook-and-line CV ≥ 60ft (18.3 m) LOA
Hook-and-line CP
Pot CP
Pot CV ≥ 60ft (18.3 m) LOA
Trawl CV
54.0
23.5
23.5
22.1
23.5
AFA trawl CP
23.5
23.5
23.5
2.3
Non-AFA trawl CP
13.4
sroberts on PROD1PC70 with PROPOSALS
Abbrevations: AFA = American Fisheries Act and LOA = length overall.
The BSAI Pacific cod non-CDQ TAC
currently is fully distributed among
eight competing harvest sectors. The
Pacific cod TAC allocations and
apportionments for 2006 and 2007 are
located in Table 5 of the groundfish
specifications published March 3, 2006
(71 FR 10900), and may be changed as
necessary during any fishing year
pursuant to 50 CFR 679.20(a)(7)(ii) and
679.25(a).
Under the existing allocations, one or
more sectors are typically unable to
harvest their annual allocation of the
Pacific cod TAC. To provide an
opportunity for the full harvest of the
BSAI Pacific cod non-CDQ TAC,
existing allocations of Pacific cod that
are projected to be unharvested by some
sectors are annually reallocated by
NMFS to other sectors. Since 1994,
NMFS has reallocated Pacific cod each
year from the trawl and jig sectors to
fixed gear sectors. In 2002 and in 2004,
reallocations also were made from the
pot gear sectors to the hook-and-line CP
sector. Reallocations within gear types
(e.g., trawl CPs to trawl CVs, or hookand-line CVs to hook-and-line CPs) have
occurred less frequently and in lower
amounts. Unharvested amounts
typically result from gear specific PSC
limitations closing directed fishing for
Pacific cod, low catch rates during
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17:22 Dec 06, 2006
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certain times of the year that can result
from seasonal apportionments of the
Pacific cod TAC, or insufficient effort by
a sector.
In developing Amendment 85, the
Council determined that current
allocations do not correspond with
actual dependence and use by the
existing sectors, as demonstrated by the
need for annual reallocations.
Reallocations maintain a level of
uncertainty for some sectors regarding
the amount of Pacific cod available for
harvest. The Council expects that
uncertainty to decrease due to the
revisions to the Pacific cod non-CDQ
allocations under this proposed
amendment. Members of various gear
sectors expressed concern that the
current allocations are overdue for
review, as the overall division of TAC
among the trawl, jig, and fixed gear
sectors has been in place since 1997.
Participants in the BSAI Pacific cod
fishery that have made significant
investments and have a long-term
dependence on the resource, assert that
they need enhanced stability in the
sector allocations.
Under Amendment 85, the Council
selected nine individual non-CDQ
sectors to receive separate BSAI Pacific
cod non-CDQ TAC allocations (see table
above). These sectors are jig, fixed gear
PO 00000
Frm 00037
Fmt 4702
Sfmt 4702
(pot and hook-and-line gear) CVs less
than 60 ft (18.3 m) length overall
(hereafter, < 60 ft LOA), hook-and-line
CVs greater than or equal to 60 ft LOA
(hereafter, ≥ 60 ft LOA), hook-and-line
CPs, pot CVs ≥ 60 ft LOA, pot CPs, trawl
CPs, and trawl CVs. The Council
selected allocations using catch
histories from 1995 through 2003 and
other socio-economic and community
considerations. The Council determined
that the new allocations better reflect
actual dependency and use by sector,
with specific consideration to allow for
additional growth in the small boat,
entry-level sectors (fixed gear CVs < 60
ft LOA and jig). The primary objective
of the Council in revising the BSAI
Pacific cod non-CDQ TAC allocations to
each sector was to reduce the level and
frequency of annual reallocations, and
thus enhance sector stability so that
each sector may better plan its fishing
year and operate more efficiently.
The proposed rule to implement
Amendment 85 would make the
following changes in regulations for the
management of the BSAI directed
Pacific cod fishery:
• Increase the percentage of the BSAI
Pacific cod TAC apportioned to the CDQ
Program.
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Federal Register / Vol. 71, No. 235 / Thursday, December 7, 2006 / Proposed Rules
sroberts on PROD1PC70 with PROPOSALS
• Revise the allocations of BSAI
Pacific cod non-CDQ TAC among
various gear sectors.
• Modify the management of Pacific
cod incidental catch that occurs in other
groundfish fisheries.
• Eliminate the Pacific cod
nonspecified reserve.
• Establish a hierarchy for the
reallocation of projected unused sector
allocations to other sectors.
• Adjust the seasonal allowances of
Pacific cod to various sectors.
• Subdivide among sectors the annual
PSC limits apportioned to the Pacific
cod trawl and hook-and-line gear
fisheries.
• Modify the sideboard restrictions for
Pacific cod that are applied to the CP
vessels listed as eligible under the
American Fisheries Act (AFA).
• Revise the definition for AFA trawl
catcher/processor and add definitions
for hook-and-line catcher/processor,
non-AFA trawl catcher/processor, and
pot catcher/processor.
Two additional pieces of Federal
legislation affect Amendment 85. First,
on December 8, 2004, the President
signed into law the Consolidated
Appropriations Act of 2005 (Act; Public
Law 108–447). With respect to fisheries
off Alaska, the Act establishes catcher
processor sector definitions for
participation in: (1) the catcher
processor subsectors of the BSAI nonpollock groundfish fisheries, and (2) the
BSAI Catcher Processor Capacity
Reduction Program. The following
subsectors are defined in section 219(a)
of the Act and are not repeated here:
AFA trawl catcher processor; non-AFA
trawl catcher processor; longline catcher
processor; and pot catcher processor.
Section 219(a) of the Act also defines
‘‘non-pollock groundfish fishery’’ as
target species of Atka mackerel, flathead
sole, Pacific cod, Pacific ocean perch,
rock sole, turbot, or yellowfin sole
harvested in the BSAI. Thus, the Act
provides the qualification criteria that
each participant in the CP subsectors
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17:22 Dec 06, 2006
Jkt 211001
must meet in order to operate as a CP
in the BSAI non-pollock groundfish
fishery and/or participate in the BSAI
Catcher Processor Capacity Reduction
Program.
The Act includes numerous
provisions that are not related to the
management of groundfish and crab
fisheries off Alaska. Only the portions of
the legislation related to eligibility of
the catcher processor subsectors would
be provided for reference in a new
appendix to the FMP, Appendix J. The
portions of the legislation authorizing
and governing the development of the
BSAI Catcher Processor Capacity
Reduction Program would not be
provided in the appendix.
Second, the Coast Guard and
Maritime Transportation Act of 2006
(Public Law 109–241), signed into law
on July 11, 2006, amended section
305(i)(1) of the Magnuson-Stevens Act.
Section 305(i)(1)(B)(ii)(I) of the
Magnuson-Stevens Act now requires
that a directed fishing allowance of 10
percent be allocated to the CDQ Program
upon the establishment of sector
allocations in a fishery. Currently, the
CDQ Program receives a fishing
allocation of 7.5 percent of the Pacific
cod TAC, as the CDQ reserve, that is
used by CDQ groups for directed fishing
for Pacific cod (targeted fishing for
Pacific cod), plus incidental catch
(Pacific cod that are caught and retained
while targeting other species) and
bycatch (Pacific cod that are caught and
released while targeting other species).
Because Amendment 85, if approved,
would establish sector allocations in the
BSAI Pacific cod fishery, this action
would allocate 10 percent of the BASI
Pacific cod TAC to the CDQ reserve as
a directed fishing allowance. The 10
percent directed fishing allocation of
Pacific cod to the CDQ reserve is only
for directed fishing and does not
include amounts of Pacific cod needed
for incidental catch or bycatch in other
CDQ groundfish fisheries. Therefore,
this proposed amendment also would
PO 00000
Frm 00038
Fmt 4702
Sfmt 4702
70945
allocate a CDQ incidental catch
allowance for Pacific cod to the CDQ
reserve. Currently, the CDQ reserve is
deducted from the Pacific cod TAC
before the remaining Pacific cod TAC is
allocated to the other fishing sectors. As
intended by the Council, this
amendment would continue this
procedure: the 10 percent directed
fishing allowance and the CDQ
incidental catch allowance would be
subtracted from the Pacific cod TAC
before allocations of Pacific cod are
made to the non-CDQ sectors.
Public comments are being solicited
on proposed Amendment 85 through
the end of the comment period stated
(see DATES). A proposed rule to
implement Amendment 85 will be
published in the Federal Register for
public comment, following NMFS’
evaluation under Magnuson-Stevens Act
procedures. Public comments on the
proposed rule must be received by the
end of the comment period on
Amendment 85 to be considered in the
approval/disapproval decision on the
amendment. All comments received by
the end of the comment period on
Amendment 85, whether specifically
directed to the amendment or the
proposed rule, will be considered in the
decision to approve, partially approve,
or disapprove the proposed amendment.
Comments received after the comment
period for the amendment will not be
considered in that decision. To be
considered, written comments must be
received by NMFS, not just postmarked
or otherwise transmitted, by the close of
business on the last day of the comment
period.
Authority: 16 U.S.C. 773 et seq.; 1540(f);
1801 et seq.; 1851 note; 3631 et seq.
Dated: November 30, 2006.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E6–20700 Filed 12–6–06; 8:45 am]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 71, Number 235 (Thursday, December 7, 2006)]
[Proposed Rules]
[Pages 70943-70945]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20700]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[I.D. 112006I]
RIN 0648-AU48
Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod
Allocations in the Bering Sea and Aleutian Islands Management Area
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: The North Pacific Fishery Management Council (Council) has
submitted Amendment 85 to the Fishery Management Plan for Groundfish of
the Bering Sea and Aleutian Islands Management Area (FMP) to NMFS for
review. If approved, Amendment 85 would revise the current Bering Sea
and Aleutian Islands management area (BSAI) Pacific cod allocations of
total allowable catch (TAC) among various harvest sectors, modify the
management of Pacific cod incidental catch in other non-target
fisheries, eliminate the groundfish reserve for Pacific cod, increase
the percentage of the BSAI Pacific cod TAC apportioned to the Community
Development Quota (CDQ) Program, and add a new appendix to the FMP that
summarizes the Consolidated Appropriations Act of 2005. Amendment 85 is
necessary to reduce uncertainty about the availability of yearly
harvests within sectors caused by reallocations, and to maintain
stability between sectors in the BSAI Pacific cod fishery. This would
be accomplished by establishing allocations that more closely reflect
actual use by sector than do current allocations while considering
socioeconomic and community factors, thus reducing the need for
reallocations during the fishing year. This proposed amendment also is
necessary to implement recent changes to the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) that require a
directed fishing allocation of 10 percent to the CDQ Program upon the
establishment of a sector allocation. This action is intended to
promote the goals and objectives of the Magnuson-Stevens Act, the FMP,
and other applicable laws. The amendment is available for public review
and comment.
DATES: Comments on Amendment 85 must be received on or before February
5, 2007.
ADDRESSES: Send written comments to Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
Attn: Ellen Walsh, Records Officer. Comments may be submitted by:
Hand delivery: 709 West 9th Street, Room 420A, Juneau, AK;
E-mail: 0648-AU48-BSA85-NOA@noaa.gov. Include in
the subject line the following document identifier: ``Pacific cod RIN
0648 AU48.'' E-mail comments, with or without attachments, are limited
to 5 megabytes;
Fax: 907-586-7557;
Mail: P.O. Box 21668, Juneau, AK 99802-1668; or
Webform at the Federal eRulemaking Portal: https://
www.regulations.gov. Follow the instructions at that site for
submitting comments.
Copies of the Amendment 85 Environmental Assessment/Regulatory
Impact Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA)
prepared for this action are available from the NMFS Alaska Region
website at www.fakr.noaa.gov or from the mailing and street addresses
listed above.
FOR FURTHER INFORMATION CONTACT: Becky Carls, 907-586-7228 or
becky.carls@noaa.gov.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act requires that each
regional fishery management council submit any FMP or FMP amendment it
prepares to NMFS for review and approval, disapproval, or partial
approval by the Secretary. The Magnuson-Stevens Act also requires that
NMFS, upon receiving an FMP amendment, immediately publish a notice in
the Federal Register that the FMP or amendment is available for public
review and comment. This requirement is satisfied by this notice of
availability for Amendment 85.
The BSAI Pacific cod TAC, after subtraction of reserves, currently
is subdivided, or allocated, among eight non-CDQ fishing industry
sectors based on the type of fishing gear used pursuant to regulations
at 50 CFR 679.20(a)(7). Basically, these gear
[[Page 70944]]
sectors include trawl gear, fixed gear (hook-and-line and pot), and jig
gear. These basic allocations are further subdivided between catcher/
processor vessels (CPs) that process their catch and catcher vessels
(CVs) that catch fish but do not process it, and by length of vessel in
some cases. Some allocations are further apportioned between seasons.
The purpose of these allocations and apportionments is to prevent one
industry sector from unfairly affecting the harvesting opportunities of
other sectors and to ensure temporal dispersion of harvest to protect
Steller sea lions. Several FMP amendments, implemented beginning in
1994, have allocated Pacific cod among these harvesting sectors. The
previous and current allocations by sector, and those proposed under
Amendment 85, are summarized in the following table.
Percent sector allocations by amendment of BSAI Pacific cod non-CDQ TAC
----------------------------------------------------------------------------------------------------------------
Amendment 77
Amendment 24 Amendment 46 Amendment 64 (68 FR
(59 FR (61 FR (65 FR 49416, Proposed
Sector 4009, 59029, 51553, August 18, Amendment 85
January 28, November 20, August 24, 2003)
1994) 1996) 2000) (Current)
----------------------------------------------------------------------------------------------------------------
Jig 2.0 2.0 2.0 2.0 1.4
----------------------------------------------------------------------------------------------------------------
Hook-and-line/pot CV < 60ft (18.3 m) LOA 44.0 51.0 0.7 0.7 2.0
------------------------------------------- -----------------------------------------
Hook-and-line CV [gteqt] 60ft (18.3 m) LOA ............ ............ 0.2 0.2 0.2
------------------------------------------- -----------------------------------------
Hook-and-line CP ............ ............ 40.8 40.8 48.7
------------------------------------------- -----------------------------------------
Pot CP ............ ............ 9.3 1.7 1.5
------------------------------------------- ---------------------------
Pot CV [gteqt] 60ft (18.3 m) LOA ............ ............ ............ 7.6 8.4
----------------------------------------------------------------------------------------------------------------
Trawl CV 54.0 23.5 23.5 23.5 22.1
------------------------------------------- -------------------------------------------------------
AFA trawl CP ............ 23.5 23.5 23.5 2.3
------------------------------------------- -------------
Non-AFA trawl CP ............ ............ ............ ............ 13.4
----------------------------------------------------------------------------------------------------------------
Abbrevations: AFA = American Fisheries Act and LOA = length overall.
The BSAI Pacific cod non-CDQ TAC currently is fully distributed
among eight competing harvest sectors. The Pacific cod TAC allocations
and apportionments for 2006 and 2007 are located in Table 5 of the
groundfish specifications published March 3, 2006 (71 FR 10900), and
may be changed as necessary during any fishing year pursuant to 50 CFR
679.20(a)(7)(ii) and 679.25(a).
Under the existing allocations, one or more sectors are typically
unable to harvest their annual allocation of the Pacific cod TAC. To
provide an opportunity for the full harvest of the BSAI Pacific cod
non-CDQ TAC, existing allocations of Pacific cod that are projected to
be unharvested by some sectors are annually reallocated by NMFS to
other sectors. Since 1994, NMFS has reallocated Pacific cod each year
from the trawl and jig sectors to fixed gear sectors. In 2002 and in
2004, reallocations also were made from the pot gear sectors to the
hook-and-line CP sector. Reallocations within gear types (e.g., trawl
CPs to trawl CVs, or hook-and-line CVs to hook-and-line CPs) have
occurred less frequently and in lower amounts. Unharvested amounts
typically result from gear specific PSC limitations closing directed
fishing for Pacific cod, low catch rates during certain times of the
year that can result from seasonal apportionments of the Pacific cod
TAC, or insufficient effort by a sector.
In developing Amendment 85, the Council determined that current
allocations do not correspond with actual dependence and use by the
existing sectors, as demonstrated by the need for annual reallocations.
Reallocations maintain a level of uncertainty for some sectors
regarding the amount of Pacific cod available for harvest. The Council
expects that uncertainty to decrease due to the revisions to the
Pacific cod non-CDQ allocations under this proposed amendment. Members
of various gear sectors expressed concern that the current allocations
are overdue for review, as the overall division of TAC among the trawl,
jig, and fixed gear sectors has been in place since 1997. Participants
in the BSAI Pacific cod fishery that have made significant investments
and have a long-term dependence on the resource, assert that they need
enhanced stability in the sector allocations.
Under Amendment 85, the Council selected nine individual non-CDQ
sectors to receive separate BSAI Pacific cod non-CDQ TAC allocations
(see table above). These sectors are jig, fixed gear (pot and hook-and-
line gear) CVs less than 60 ft (18.3 m) length overall (hereafter, < 60
ft LOA), hook-and-line CVs greater than or equal to 60 ft LOA
(hereafter, [gteqt] 60 ft LOA), hook-and-line CPs, pot CVs [gteqt] 60
ft LOA, pot CPs, trawl CPs, and trawl CVs. The Council selected
allocations using catch histories from 1995 through 2003 and other
socio-economic and community considerations. The Council determined
that the new allocations better reflect actual dependency and use by
sector, with specific consideration to allow for additional growth in
the small boat, entry-level sectors (fixed gear CVs < 60 ft LOA and
jig). The primary objective of the Council in revising the BSAI Pacific
cod non-CDQ TAC allocations to each sector was to reduce the level and
frequency of annual reallocations, and thus enhance sector stability so
that each sector may better plan its fishing year and operate more
efficiently.
The proposed rule to implement Amendment 85 would make the
following changes in regulations for the management of the BSAI
directed Pacific cod fishery:
Increase the percentage of the BSAI Pacific cod TAC
apportioned to the CDQ Program.
[[Page 70945]]
Revise the allocations of BSAI Pacific cod non-CDQ TAC
among various gear sectors.
Modify the management of Pacific cod incidental catch that
occurs in other groundfish fisheries.
Eliminate the Pacific cod nonspecified reserve.
Establish a hierarchy for the reallocation of projected
unused sector allocations to other sectors.
Adjust the seasonal allowances of Pacific cod to various
sectors.
Subdivide among sectors the annual PSC limits apportioned
to the Pacific cod trawl and hook-and-line gear fisheries.
Modify the sideboard restrictions for Pacific cod that are
applied to the CP vessels listed as eligible under the American
Fisheries Act (AFA).
Revise the definition for AFA trawl catcher/processor and
add definitions for hook-and-line catcher/processor, non-AFA trawl
catcher/processor, and pot catcher/processor.
Two additional pieces of Federal legislation affect Amendment 85.
First, on December 8, 2004, the President signed into law the
Consolidated Appropriations Act of 2005 (Act; Public Law 108-447). With
respect to fisheries off Alaska, the Act establishes catcher processor
sector definitions for participation in: (1) the catcher processor
subsectors of the BSAI non-pollock groundfish fisheries, and (2) the
BSAI Catcher Processor Capacity Reduction Program. The following
subsectors are defined in section 219(a) of the Act and are not
repeated here: AFA trawl catcher processor; non-AFA trawl catcher
processor; longline catcher processor; and pot catcher processor.
Section 219(a) of the Act also defines ``non-pollock groundfish
fishery'' as target species of Atka mackerel, flathead sole, Pacific
cod, Pacific ocean perch, rock sole, turbot, or yellowfin sole
harvested in the BSAI. Thus, the Act provides the qualification
criteria that each participant in the CP subsectors must meet in order
to operate as a CP in the BSAI non-pollock groundfish fishery and/or
participate in the BSAI Catcher Processor Capacity Reduction Program.
The Act includes numerous provisions that are not related to the
management of groundfish and crab fisheries off Alaska. Only the
portions of the legislation related to eligibility of the catcher
processor subsectors would be provided for reference in a new appendix
to the FMP, Appendix J. The portions of the legislation authorizing and
governing the development of the BSAI Catcher Processor Capacity
Reduction Program would not be provided in the appendix.
Second, the Coast Guard and Maritime Transportation Act of 2006
(Public Law 109-241), signed into law on July 11, 2006, amended section
305(i)(1) of the Magnuson-Stevens Act. Section 305(i)(1)(B)(ii)(I) of
the Magnuson-Stevens Act now requires that a directed fishing allowance
of 10 percent be allocated to the CDQ Program upon the establishment of
sector allocations in a fishery. Currently, the CDQ Program receives a
fishing allocation of 7.5 percent of the Pacific cod TAC, as the CDQ
reserve, that is used by CDQ groups for directed fishing for Pacific
cod (targeted fishing for Pacific cod), plus incidental catch (Pacific
cod that are caught and retained while targeting other species) and
bycatch (Pacific cod that are caught and released while targeting other
species). Because Amendment 85, if approved, would establish sector
allocations in the BSAI Pacific cod fishery, this action would allocate
10 percent of the BASI Pacific cod TAC to the CDQ reserve as a directed
fishing allowance. The 10 percent directed fishing allocation of
Pacific cod to the CDQ reserve is only for directed fishing and does
not include amounts of Pacific cod needed for incidental catch or
bycatch in other CDQ groundfish fisheries. Therefore, this proposed
amendment also would allocate a CDQ incidental catch allowance for
Pacific cod to the CDQ reserve. Currently, the CDQ reserve is deducted
from the Pacific cod TAC before the remaining Pacific cod TAC is
allocated to the other fishing sectors. As intended by the Council,
this amendment would continue this procedure: the 10 percent directed
fishing allowance and the CDQ incidental catch allowance would be
subtracted from the Pacific cod TAC before allocations of Pacific cod
are made to the non-CDQ sectors.
Public comments are being solicited on proposed Amendment 85
through the end of the comment period stated (see DATES). A proposed
rule to implement Amendment 85 will be published in the Federal
Register for public comment, following NMFS' evaluation under Magnuson-
Stevens Act procedures. Public comments on the proposed rule must be
received by the end of the comment period on Amendment 85 to be
considered in the approval/disapproval decision on the amendment. All
comments received by the end of the comment period on Amendment 85,
whether specifically directed to the amendment or the proposed rule,
will be considered in the decision to approve, partially approve, or
disapprove the proposed amendment. Comments received after the comment
period for the amendment will not be considered in that decision. To be
considered, written comments must be received by NMFS, not just
postmarked or otherwise transmitted, by the close of business on the
last day of the comment period.
Authority: 16 U.S.C. 773 et seq.; 1540(f); 1801 et seq.; 1851
note; 3631 et seq.
Dated: November 30, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E6-20700 Filed 12-6-06; 8:45 am]
BILLING CODE 3510-22-S
