Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; 2007 and 2008 Proposed Harvest Specifications for Groundfish, 75460-75474 [E6-21447]
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Federal Register / Vol. 71, No. 241 / Friday, December 15, 2006 / Proposed Rules
biological issues. These ABCs can be
less than maximum permissible ABCs.
This is expected to be the case with
GOA pollock. Thus higher TACs, under
Alternative 1 may not be consistent with
prudent biological management of the
resource. For these reasons, Alternative
2 is the preferred alternative.
This action does not modify
recordkeeping or reporting
requirements, or duplicate, overlap, or
conflict with any Federal rules.
This action is authorized under
§ 679.20 and is exempt from review
under Executive Order 12866.
Adverse impacts on marine mammals
resulting from fishing activities
conducted under this rule are discussed
in the DEIS (see ADDRESSES).
Authority: 16 U.S.C. 773 et seq.; 1540(f);
1801 et seq.; 1851 note; and 3631 et seq.
Dated: December 6, 2006.
Samuel D. Rauch III,
Deputy Assistant Administrator for
RegulatoryPrograms, National Marine
Fisheries Service.
[FR Doc. E6–21303 Filed 12–14–06; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 061130318–6318–01; I.D.
112706A]
Fisheries of the Exclusive Economic
Zone Off Alaska; Bering Sea and
Aleutian Islands; 2007 and 2008
Proposed Harvest Specifications for
Groundfish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
jlentini on PROD1PC65 with RULES
AGENCY:
SUMMARY: NMFS proposes 2007 and
2008 harvest specifications and
prohibited species catch (PSC)
allowances for the groundfish fishery of
the Bering Sea and Aleutian Islands
management area (BSAI). This action is
necessary to establish harvest limits for
groundfish during the 2007 and 2008
fishing years and to accomplish the
goals and objectives of the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (FMP). The intended
effect of this action is to conserve and
manage the groundfish resources in the
BSAI in accordance with the Magnuson-
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Stevens Fishery Conservation and
Management Act (MSA).
DATES: Comments must be received by
January 16, 2007.
ADDRESSES: Send comments to Sue
Salveson, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region, NMFS, Attn:
Ellen Walsh. Comments may be
submitted by:
• Mail to P.O. Box 21668, Juneau, AK
99802;
• Hand delivery to the Federal
Building, 709 West 9th Street, Room
420A, Juneau, AK;
• E-mail to 2007tacspecs@noaa.gov
and include in the subject line the
document identifier: 2007 Proposed
Specifications (E-mail comments, with
or without attachments, are limited to 5
megabytes);
• Fax to 907–586–7557; or
• Webform at the Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions at that site for submitting
comments.
Copies of the Draft Environmental
Impact Statement (DEIS) and the Initial
Regulatory Flexibility Analysis (IRFA)
prepared for this action are available
from NMFS at the mailing addresses
above or from the Alaska Region website
at https://www.fakr.noaa.gov. Copies of
the final 2005 Stock Assessment and
Fishery Evaluation (SAFE) report for the
groundfish resources of the BSAI, dated
November 2005, are available from the
North Pacific Fishery Management
Council (Council), West 4th Avenue,
Suite 306, Anchorage, AK 99510–2252,
907–271–2809, or from its website at
https://www.fakr.noaa.gov/npfmc.
FOR FURTHER INFORMATION CONTACT:
Mary Furuness, 907–586–7228, or email at mary.furuness@noaa.gov.
SUPPLEMENTARY INFORMATION: Federal
regulations at 50 CFR part 679
implement the FMP and govern the
groundfish fisheries in the BSAI. The
Council prepared the FMP and NMFS
approved it under the MSA. General
regulations governing U.S. fisheries also
appear at 50 CFR part 600.
The FMP and its implementing
regulations require NMFS, after
consultation with the Council, to
specify annually the total allowable
catch (TAC) for each target species and
the ‘‘other species’’ category, the sum of
which must be within the optimum
yield range of 1.4 million to 2.0 million
metric tons (mt) (see § 679.20(a)(1)(i)).
Regulations at § 679.20(c)(1) further
require NMFS to publish proposed
harvest specifications in the Federal
Register and solicit public comment on
proposed annual TACs and
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apportionments thereof, PSC allowances
and prohibited species quota (PSQ)
reserves established by § 679.21,
seasonal allowances of pollock, Pacific
cod, and Atka mackerel TAC, and
Community Development Quota (CDQ)
reserve amounts established by
§ 679.20(b)(1)(iii). The proposed harvest
specifications set forth in Tables 1
through 11 of this action satisfy these
requirements.
Under § 679.20(c)(3), NMFS will
publish the final harvest specifications
for 2007 and 2008 after (1) considering
comments received within the comment
period (see DATES), (2) consulting with
the Council at its December 2006
meeting, and (3) considering new
information presented in the DEIS and
the final 2006 SAFE reports prepared for
the 2007 and 2008 groundfish fisheries.
Other Actions Potentially Affecting the
2007 and 2008 Harvest Specifications
The following paragraphs identify
actions that are currently under
consideration by the Council and that,
if submitted to and approved by the
Secretary of Commerce (Secretary),
could change the 2007 and 2008 final
harvest specifications. The existing 2007
harvest specifications will be updated in
early 2007 when final harvest
specifications for 2007 and new harvest
specifications for 2008 are
implemented.
In April 2006, the Council adopted
Amendment 85 to the FMP.
Amendment 85 would revise the BSAI
Pacific cod sector allocations. If
approved by the Secretary, final
regulations implementing Amendment
85 are anticipated to be effective for the
2008 fishing year. In June 2006, the
Council adopted Amendment 80 to the
FMP. Amendment 80 would provide
specific groundfish allocations to the
non-American Fisheries Act (AFA)
trawl catcher/processor sector and allow
the formation of cooperatives. If
approved by the Secretary, final
regulations implementing Amendment
80 also are anticipated to be effective for
the 2008 fishing year. The Council also
adopted Amendment 84 that would
modify current regulations for managing
incidental catch of Chinook and chum
salmon and may change the PSC limits.
The Council also is considering two
proposals. One would allocate the
Pacific cod TAC by Bering Sea subarea
and Aleutian Islands (AI) subarea
instead of a combined BSAI TAC. The
other would separate some species from
the ‘‘other rockfish’’ or ‘‘other species’’
categories so individual overfishing
levels (OFLs), acceptable biological
catch (ABCs), and TACs may be
established.
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Proposed ABC and TAC Harvest
Specifications
The proposed ABC levels are based on
the best available biological
information, including projected
biomass trends, information on assumed
distribution of stock biomass, and
revised technical methods used to
calculate stock biomass. In general, the
development of ABCs and OFLs
involves sophisticated statistical
analyses of fish populations and is
based on a successive series of six
levels, or tiers, of reliable information
available to fishery scientists. Tier one
represents the highest level of data
quality available while tier six
represents the lowest level of data
quality available.
Appendix A to the final SAFE report
for the 2005 BSAI groundfish fisheries
dated November 2005 (see ADDRESSES)
sets forth the best information currently
available. Information on the status of
stocks will be updated, including the
2006 survey results, and considered by
the Plan Team in November 2006 for the
2006 SAFE report. The 2007 and 2008
final harvest specifications will be based
on the 2006 SAFE report.
In October 2006, the Scientific and
Statistical Committee (SSC), Advisory
Panel, and the Council reviewed the
Plan Team’s preliminary projections as
the basis for the 2007 and 2008
proposed ABC, OFL, and TAC amounts.
The SSC concurred with the Plan
Team’s recommendations. For stocks in
tiers 1–3, the Plan Team used 2006
estimated fishing mortality rates in
stock projection models to estimate
OFLs and ABCs for 2007. For Bering Sea
pollock, the projection model used a tier
3 model, but the projection used in
December 2005 (as recommended by the
SSC) used a tier 1 model. The SSC
recommended that in the future
projections should use the same
approach that is approved by the
Council in December of the previous
year. The public should be aware that a
tier 1 projection model may be used in
December 2006 for Bering Sea pollock
for ABC and OFL amounts. The Plan
Team estimated 2007 TACs based on
ABC constraints and past Council
actions. The Plan Team estimated 2007
TACs were treated as the projected 2007
fishing mortality rates to derive
estimates of OFLs and ABCs for 2008.
For stocks in tiers 4–6, for which there
are no population projection models,
the Plan Team used the OFL and ABC
amounts from 2006 for 2007 and 2008.
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The Council adopted the OFL and
ABC amounts recommended by the SSC
(Table 1). The Council recommended
that all the 2007 proposed TAC amounts
be set equal to the ABC amounts except
for reduced TAC amounts for AI subarea
and Bogoslof pollock, Pacific cod,
Alaska plaice, arrowtooth flounder, rock
sole, flathead sole, ‘‘other flatfish,’’
northern rockfish, Atka mackerel, squid,
and ‘‘other species.’’ The Council
recommended that all the 2008
proposed TAC amounts be set equal to
the ABC amounts except for TAC
decreases for AI subarea and Bogoslof
pollock, Pacific cod, sablefish, Alaska
plaice, northern rockfish, and ‘‘other
species.’’ As in previous years, the Plan
Team, Advisory Panel, SSC, and
Council recommended that total
removals of Pacific cod from the BSAI
not exceed ABC recommendations.
Accordingly, the Council recommended
that the 2007 and 2008 Pacific cod TACs
be adjusted downward from the ABCs
by amounts equal to 3 percent of the
ABC. This adjustment is necessary to
account for the guideline harvest level
(GHL) established for Pacific cod by the
State of Alaska (State) for a Statemanaged fishery that occurs in State
waters in the AI subarea. Finally, the
Council recommended using the 2006
and 2007 PSC allowances for the 2007
and 2008 proposed PSC allowances. The
Council will reconsider the OFL, ABC,
TAC, and PSC amounts in December
2006 after the Plan Team incorporates
new status of groundfish stocks
information into a final 2006 SAFE
report for the 2007 and 2008 BSAI
groundfish fishery. None of the
Council’s recommended proposed TACs
for 2007 or 2008 exceeds the
recommended 2007 or 2008 proposed
ABC for any species category. NMFS
finds the Council’s recommended 2007
and 2008 proposed OFL, ABC, and TAC
amounts consistent with the best
available information on the biological
condition of the groundfish stocks.
On July 11, 2006, the President signed
the Coast Guard and Maritime
Transportation Act of 2006 (Coast Guard
Act). Section 416(a) of the Coast Guard
Act revises section 305(i)(1) of the MSA
(16 U.S.C. 1855(i)(1)) by replacing all of
the existing language in this section
with new language. New section
305(i)(1)(B)(i) of the MSA addresses
allocations to the CDQ Program. It
requires that ‘‘the annual percentage of
the total allowable catch, guideline
harvest level, or other annual catch limit
allocated to the program in each
directed fishery of the Bering Sea and
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Aleutian Islands shall be the percentage
approved by the Secretary, or
established by Federal law, as of March
1, 2006, for the program.’’
Prior to these amendments, section
305(i)(1)(A) of the MSA stated that ‘‘a
percentage of the total allowable catch
of any Bering Sea fishery is allocated to
the program.’’ Since 1998, NMFS has
allocated to the CDQ Program a
percentage of each groundfish TAC
category, except squid. The allocation of
squid to the CDQ Program was
discontinued in 2001 under
Amendment 66 to the FMP (45 FR
13672, March 7, 2001).
As a result of the changes to section
305(i)(1), the MSA requires
apportionments to the CDQ reserves of
those directed fishery TAC categories
for which a percentage was approved by
the Secretary or established by Federal
law as of March 1, 2006. In 2006, the
only TAC category for which a
percentage was not approved or
established for the CDQ Program was
squid. Therefore, squid would continue
to not be allocated to the CDQ Program.
For the TAC categories other than squid,
those that did not have a directed
fishery in the BSAI in 2006 were
Bogoslof pollock, trawl sablefish, Bering
Sea Pacific ocean perch, northern
rockfish, shortraker rockfish, rougheye
rockfish, ‘‘other rockfish,’’ and ‘‘other
species.’’ Therefore, based on NMFS’
interpretation of the MSA,
apportionments from these TAC
categories to the CDQ Program will no
longer be made. Catch in the CDQ
fisheries of species in TAC categories
that are not allocated to the CDQ
Program will be managed under the
regulations and fishery status that
applies to the TAC category in the nonCDQ groundfish fisheries. Retention of
species closed to directed fishing would
either be limited to maximum retainable
amounts or all catch of the species
would be required to be discarded.
Notices of closures to directed fishing
and retention requirements for these
species would apply to the CDQ and
non-CDQ sectors. The catch of these
species in the CDQ fisheries would not
constrain the catch of other CDQ species
unless catch by all sectors approached
an OFL.
Table 1 lists the 2007 and 2008
proposed OFL, ABC, TAC, initial TAC
(ITAC), and CDQ amounts for
groundfish in the BSAI. The proposed
apportionment of TAC amounts among
fisheries and seasons is discussed
below.
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n/a
n/a
n/a
n/a
10,100
774
299
BS
WAI
CAI
EAI
BSAI
BSAI
BSAI
3,003,067
1,122
748
2,620
89,404
67,100
24,200
227,100
17,900
BSAI
BSAI
BSAI
BSAI
BS
AI
BSAI
BSAI
1,707,000
39,100
50,600
176,100
3,080
3,120
107,300
n/a
n/a
n/a
138,900
146,000
18,300
n/a
n/a
172,200
OFL
BS2
AI2
Bogoslof
BSAI
BS
AI
BSAI
WAI
CAI
EAI/BS
BSAI
BSAI
BSAI
BS
AI
BSAI
Area
2,426,954
810
590
1,970
62,950
224
580
3,020
5,481
3,277
3,322
8,500
55,900
18,100
180,200
15,100
1,419,800
29,400
5,500
148,500
2,580
2,620
90,900
34,182
38,718
18,000
117,100
122,500
2,630
1,815
815
140,500
ABC
2,000,000
810
590
1,275
40,900
224
580
3,020
5,481
3,277
3,322
5,000
22,000
5,000
32,000
15,100
1,419,800
19,000
10
144,045
2,580
2,620
63,000
16,782
38,718
7,500
117,100
85,736
2,630
1,815
815
20,000
TAC
2007
1,769,177
689
502
1,084
34,765
190
493
2,567
4,659
2,785
2,824
4,250
18,700
4,250
27,200
12,835
1,277,820
17,100
10
122,438
1,097
557
53,550
14,265
32,910
6,375
99,535
72,876
2,236
1,543
693
17,000
ITAC2
182,301
0
0
0
0
0
0
0
411
246
249
0
1,650
375
2,400
n/a
141,980
1,900
0
10,803
258
393
4,725
1,259
2,904
563
8,783
6,430
197
136
61
1,500
CDQ3
2,615,667
1,122
748
2,620
89,404
299
774
n/a
n/a
n/a
n/a
10,000
62,700
24,200
218,400
17,900
1,418,100
39,100
50,600
144,900
2,680
2,720
75,200
n/a
n/a
n/a
126,200
133,100
17,500
n/a
n/a
177,400
OFL
2,094,554
810
590
1,970
62,950
224
580
3,020
5,481
3,277
3,322
8,500
52,200
18,100
173,200
15,100
1,168,700
29,400
5,500
121,700
2,240
2,260
65,100
24,481
27,728
12,891
106,400
111,600
2,630
1,815
815
144,800
ABC
2,000,000
810
590
1,970
35,000
224
580
3,020
5,481
3,277
3,322
5,000
52,200
18,100
129,637
15,100
1,168,700
19,000
10
118,049
2,240
2,260
65,100
24,481
27,728
12,891
106,400
111,600
2,630
1,815
815
144,800
TAC
2008
1,756,995
689
502
1,675
29,750
190
493
2,567
4,659
2,785
2,824
4,250
44,370
15,385
110,191
12,835
1,051,830
17,100
10
100,342
952
480
55,335
20,809
23,569
10,957
90,440
94,860
2,236
1,543
693
123,080
ITAC2
175,816
0
0
0
0
0
0
0
411
246
249
0
3,915
1,358
9,723
n/a
116,870
1,900
0
8,854
n/a
n/a
4,883
1,836
2,080
967
7,980
8,370
197
136
61
10,860
CDQ3
3
2
These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these harvest specifications, the Bering Sea (BS) subarea includes the Bogoslof District.
Except for pollock and the portion of the sablefish TAC allocated to hook-and-line gear, 15 percent of each TAC is placed in a reserve. The ITAC for each species is the remainder of the TAC after the subtraction of these reserves.
Except for Bering Sea Pacific ocean perch, northern rockfish, shortraker rockfish, rougheye rockfish, ″other rockfish,″ squid, ″other species,″ and the trawl gear allocation of sablefish one half of the amount of the TACs placed in reserve, or
7.5 percent of the TACs, is designated as a CDQ reserve for use by CDQ participants (see §§ 679.20(b)(1)(iii) and 679.31).
4 Under § 679.20(a)(5)(i)(A)(1), the annual Bering Sea subarea pollock TAC after subtraction for the CDQ directed fishing allowance (10 percent) and the incidental catch allowance (3.35 percent), is further allocated by sector for a directed
pollock fishery as follows: inshore - 50 percent; catcher/processor - 40 percent; and motherships - 10 percent. Under § 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual Aleutian Islands subarea pollock TAC, after subtracting first for the CDQ directed
fishing allowance (10 percent) and second for the incidental catch allowance (1,600 mt), is allocated to the Aleut Corporation for a directed pollock fishery.
5 The ITAC for sablefish reflected in Table 1 is for trawl gear only. Regulations at § 679.20(b)(1) do not provide for the establishment of an ITAC for the hook-and-line and pot gear allocation for sablefish. Twenty percent of the sablefish TAC
allocated to hook-and-line gear or pot gear is reserved for use by CDQ participants (see § 679.20(b)(1)(iii)(B)).
6 ″Other flatfish″ includes all flatfish species, except for halibut (a prohibited species), flathead sole, Greenland turbot, rock sole, yellowfin sole, arrowtooth flounder, and Alaska plaice.
7 ″Other rockfish″ includes all Sebastes and Sebastolobus species except for Pacific ocean perch, northern, shortraker, and rougheye rockfish.
8 ″Other species″ includes sculpins, sharks, skates and octopus. Forage fish, as defined at § 679.2, are not included in the ″other species″category.
1
TOTAL
Squid
Other species8
Northern rockfish
Shortraker rockfish
Rougheye rockfish
Other rockfish7
Arrowtooth
flounder
Flathead sole
Other flatfish6
Alaska plaice
Pacific ocean
perch
Yellowfin sole
Rock sole
Greenland turbot
Atka mackerel
Pacific cod
Sablefish5
Pollock4
Species
[Amounts are in metric tons]
TABLE 1 – 2007 AND 2008 PROPOSED OVERFISHING LEVEL (OFL), ACCEPTABLE BIOLOGICAL CATCH (ABC), TOTAL ALLOWABLE CATCH
(TAC), INITIAL TAC (ITAC), AND CDQ RESERVE ALLOCATION OF GROUNDFISH IN THE BSAI1
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Reserves and the Incidental Catch
Allowance (ICA) for Pollock
Section 679.20(b)(1)(i) of the CFR
requires placement of 15 percent of the
TAC for each target species or species
group, except for pollock and the hookand-line and pot gear allocation of
sablefish, in a non-specified reserve.
Section 679.20(b)(1)(iii)(A) of the CFR
and section 305(i)(1)(B)(i) of the MSA
further requires the allocation of one
half of each TAC amount that is placed
in the non-specified reserve (7.5
percent) be allocated to the groundfish
CDQ reserve, with the exception of
Bogoslof pollock, Bering Sea Pacific
ocean perch, northern rockfish,
shortraker rockfish, rougheye rockfish,
‘‘other rockfish,’’ squid, ‘‘other species,’’
and the trawl gear allocation of
sablefish, as explained above. Section
679.20(b)(1)(iii)(B) requires 20 percent
of the hook-and-line and pot gear
allocation of sablefish be allocated to
the fixed gear sablefish CDQ reserve.
Sections 679.20(a)(5)(i)(A),
679.20(a)(5)(iii)(B)(2)(i), and 679.31(a)
also require the allocation of 10 percent
of the BSAI pollock TACs to the pollock
CDQ directed fishing allowance. The
entire Bogoslof District pollock TAC is
allocated as an ICA (see
§ 679.20(a)(5)(ii)). With the exception of
the hook-and-line and pot gear sablefish
CDQ reserve, the regulations do not
further apportion the CDQ reserves by
gear. Section 679.21(e)(1)(i) requires
withholding of 7.5 percent of each PSC
limit, with the exception of herring, as
a PSQ reserve for the CDQ fisheries.
Sections 679.30 and 679.31 set forth the
regulations governing the management
of the CDQ and PSQ reserves.
Pursuant to § 679.20(a)(5)(i)(A)(1),
NMFS proposes a pollock ICA of 3.35
percent of the Bering Sea pollock TAC
after subtraction of the 10 percent CDQ
reserve. This allowance is based on
NMFS’ examination of the pollock
incidental catch, including the
incidental catch by CDQ vessels, in
target fisheries other than pollock from
1999 through 2005. During this 7–year
period, the incidental catch of pollock
ranged from a low of 2.7 percent in 2003
to a high of 5 percent in 1999, with a
7–year average of 3.5 percent. Because
these incidental percentages are
contingent on the relative amounts of
other groundfish TACs, NMFS will be
better able to assess the ICA amount
when the Council makes final ABC and
TAC amount recommendations in
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December. Pursuant to
§ 679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS
proposes a pollock ICA of 1,600 mt for
the AI subarea pollock after subtraction
of the 10 percent CDQ directed fishing
allowance. This allowance is based on
NMFS’ examination of the pollock
incidental catch, including the
incidental catch by CDQ vessels, in
target fisheries other than pollock from
2003 through 2005. During this 3–year
period, the incidental catch of pollock
ranged from a low of 8 percent in 2005
to a high of 10 percent in 2003, with a
3–year average of 8 percent.
The regulations do not designate the
remainder of the non-specified reserve
by species or species group, and any
amount of the reserve may be
reapportioned to a target species or the
‘‘other species’’ category during the
year, providing that such
reapportionments do not result in
overfishing (see § 679.20(b)(1)(ii)).
Allocations of Pollock TAC Under the
AFA
Section 679.20(a)(5)(i)(A) requires that
the pollock TAC apportioned to the
Bering Sea subarea, after subtraction of
10 percent for the CDQ program and
3.35 percent for the ICA, be allocated as
a directed fishing allowance (DFA) as
follows: 50 percent to the inshore sector,
40 percent to the catcher/processor
sector, and 10 percent to the mothership
sector. In the Bering Sea subarea, 40
percent of the DFA is allocated to the A
season (January 20–June 10) and 60
percent of the DFA is allocated to the B
season (June 10–November 1). In
October 2006, the State’s Board of Fish
adopted a proposal for a 3,000 mt
pollock fishery in State waters of the AI
subarea. However, this action by the
State does not require a downward
adjustment of the federal AI subarea
pollock TAC because the combined TAC
and GHL (22,000 mt) are less than the
proposed ABC of 29,400 mt. The AI
directed pollock fishery allocation to the
Aleut Corporation is the amount of
pollock remaining in the AI subarea
after subtracting 1,900 mt for the CDQ
DFA (10 percent) and 1,600 mt for the
ICA. In the AI subarea, 40 percent of the
ABC is allocated to the A season and the
remainder of the directed pollock
fishery is allocated to the B season.
Table 2 lists these 2007 and 2008
proposed amounts.
Section 679.20(a)(5)(i)(A)(4) also
includes several specific requirements
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75463
regarding pollock allocations. First, 8.5
percent of the pollock allocated to the
catcher/processor sector will be
available for harvest by AFA catcher
vessels with catcher/processor sector
endorsements, unless the Regional
Administrator receives a cooperative
contract that provides for the
distribution of harvest among AFA
catcher/processors and AFA catcher
vessels in a manner agreed to by all
members. Second, AFA catcher/
processors not listed in the AFA are
limited to harvesting not more than 0.5
percent of the pollock allocated to the
catcher/processor sector. Table 2 lists
the 2007 and 2008 proposed allocations
of pollock TAC. Tables 8 through 11 list
the AFA catcher/processor and catcher
vessel harvesting sideboard limits. In
past years, the proposed harvest
specifications included text and tables
describing pollock allocations to the
Bering Sea subarea inshore pollock
cooperatives and open access sector.
These allocations are based on the
submission of AFA inshore cooperative
applications due to NMFS on December
1 of each calendar year. Because AFA
inshore cooperative applications for
2007 have not been submitted to NMFS,
thereby preventing NMFS from
calculating 2007 allocations, NMFS has
not included inshore cooperative text
and tables in these proposed harvest
specifications. NMFS will post AFA
inshore cooperative allocations on the
Alaska Region website at https://
www.fakr.noaa.gov when they become
available in December 2006.
Table 2 also lists proposed seasonal
apportionments of pollock and harvest
limits within the Steller Sea Lion
Conservation Area (SCA). The harvest of
pollock within the SCA, as defined at
§ 679.22(a)(7)(vii), is limited to 28
percent of the DFA until April 1. The
remaining 12 percent of the 40 percent
of the annual DFA allocated to the A
season may be taken outside the SCA
before April 1 or inside the SCA after
April 1. If less than 28 percent of the
annual DFA is taken inside the SCA
before April 1, the remainder will be
available to be taken inside the SCA
after April 1. The A season pollock SCA
harvest limit will be apportioned to
each sector in proportion to each
sector’s allocated percentage of the DFA.
Table 2 lists by sector these 2007 and
2008 proposed amounts.
E:\FR\FM\15DEP1.SGM
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Federal Register / Vol. 71, No. 241 / Friday, December 15, 2006 / Proposed Rules
TABLE 2 – 2007 AND 2008 PROPOSED ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK
FISHERIES AND TO THE CDQ DIRECTED FISHING ALLOWANCES (DFA)1
[Amounts are in metric tons]
2007 A season1
Area and sector
Bering Sea subarea
CDQ DFA
ICA1
AFA Inshore
AFA Catcher/Processors3
Catch by C/Ps
Catch by CVs3
Unlisted C/P Limit4
AFA Motherships
Excessive Harvesting Limit5
Excessive Processing Limit6
Total Bering Sea DFA
Aleutian Islands subarea1
CDQ DFA
ICA
Aleut Corporation
2007 allocations
A season
DFA
2008 A season1
2007 B
season1
SCA harvest limit2
2008 allocations
B season
DFA
A season
DFA
2008 B
season
SCA harvest limit2
B season
DFA
1,419,800
141,980
44,724
616,548
493,239
451,313
41,925
2,466
123,310
215,792
369,929
1,419,800
n/a
56,792
n/a
246,619
197,295
180,525
16,770
986
49,324
n/a
n/a
550,031
n/a
39,754
n/a
172,633
138,107
n/a
n/a
n/a
34,527
n/a
n/a
385,021
n/a
85,188
n/a
369,929
295,943
270,788
25,155
1,480
73,986
n/a
n/a
825,046
1,168,700
116,870
36,814
507,508
406,006
371,496
34,511
2,030
101,502
177,628
304,505
1,168,700
n/a
46,748
n/a
203,003
162,403
148,598
13,804
812
40,601
n/a
n/a
452,754
n/a
32,724
n/a
142,102
113,682
n/a
n/a
n/a
28,420
n/a
n/a
316,928
n/a
70,122
n/a
304,505
243,604
222,898
20,706
1,218
60,901
n/a
n/a
679,132
19,000
1,900
1,600
15,500
n/a
760
800
10,200
n/a
n/a
n/a
n/a
n/a
1,140
800
5,300
19,000
1,900
1,600
15,300
n/a
760
800
10,500
n/a
n/a
n/a
n/a
n/a
1,140
800
5,300
10
n/a
n/a
n/a
11
n/a
n/a
n/a
Bogoslof District ICA7
1 Pursuant to § 679.20(a)(5)(i)(A), the annual Bering Sea subarea pollock TAC, after subtraction for the CDQ DFA (10 percent) and the ICA
(3.35 percent), is allocated as a DFA as follows: inshore component - 50 percent, catcher/processor component - 40 percent, and mothership
component - 10 percent. In the Bering Sea subarea, 40 percent of the DFA is allocated to the A season (January 20 June 10) and 60 percent of
the DFA is allocated to the B season (June 10 November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock TAC, after subtracting first for the CDQ DFA (10 percent) and second the ICA (1,600 mt), is allocated to the Aleut Corporation for a directed pollock fishery. In
the AI subarea, the A season is allocated 40 percent of the ABC and the B season is allocated the remainder of the directed pollock fishery.
2 In the Bering Sea subarea, no more than 28 percent of each sector’s annual DFA may be taken from the SCA before April 1. The remaining
12 percent of the annual DFA allocated to the A season may be taken outside of the SCA before April 1 or inside the SCA after April 1. If 28
percent of the annual DFA is not taken inside the SCA before April 1, the remainder is available to be taken inside the SCA after April 1.
3 Pursuant to § 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors shall be available for harvest
only by eligible catcher vessels delivering to listed catcher/processors.
4 Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/
processors sector’s allocation of pollock.
5 Pursuant to § 679.20(a)(5)(i)(A)(6) NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the pollock
DFAs not including CDQ.
6 Pursuant to § 679.20(a)(5)(i)(A)(7) NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the pollock
DFAs not including CDQ.
7 The Bogoslof District is closed by the proposed harvest specifications to directed fishing for pollock. The amounts specified are for incidental
catch only, and are not apportioned by season or sector.
Allocation of the Atka Mackerel TAC
jlentini on PROD1PC65 with RULES
Pursuant to § 679.20(a)(8)(i), up to 2
percent of the Eastern Aleutian District
and the Bering Sea subarea Atka
mackerel ITAC may be allocated to jig
gear. The amount of this allocation is
determined annually by the Council
based on several criteria, including the
anticipated harvest capacity of the jig
gear fleet. The Council recommended
and NMFS proposes that 1 percent of
the Atka mackerel ITAC in the Eastern
Aleutian District and the Bering Sea
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16:16 Dec 14, 2006
Jkt 211001
subarea be allocated to jig gear in 2007
and 2008. Based on the proposed 2007
ITAC of 6,375 mt, the jig gear allocation
would be 64 mt for 2007. Based on the
proposed 2008 ITAC of 10,975 mt, the
jig gear allocation would be 110 mt for
2008.
Section 679.20(a)(8)(ii)(A) apportions
the Atka mackerel ITAC into two equal
seasonal allowances. After subtraction
of the jig gear allocation, the first
allowance is made available for directed
fishing from January 1 (January 20 for
trawl gear) to April 15 (A season), and
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the second seasonal allowance is made
available from September 1 to
November 1 (B season; Table 3).
Pursuant to § 679.20(a)(8)(ii)(C)(1), the
Regional Administrator proposes a
harvest limit area (HLA) limit of no
more than 60 percent of the seasonal
TAC for the Western and Central
Aleutian Districts. A lottery system is
used for the HLA Atka mackerel
directed fisheries to reduce the amount
of daily catch in the HLA by about half
and to disperse the fishery over two
districts (see § 679.20(a)(8)(iii)).
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Federal Register / Vol. 71, No. 241 / Friday, December 15, 2006 / Proposed Rules
TABLE 3 – 2007 AND 2008 PROPOSED SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, AND CDQ
RESERVE OF THE BSAI ATKA MACKEREL TAC1
[Amounts are in metric tons]
2007 Seasonal allowances2
Subarea and component
2007 TAC
2007 CDQ
reserve
2007 CDQ
reserve
HLA limit4
A season3
2007 ITAC
B season3
HLA limit4
Total
Total
HLA limit4
Western Aleutian District
Central Aleutian District
EAI/BS subarea5
Jig (1%)6
Other gear (99%)
16,782
38,718
7,500
n/a
n/a
1,259
2,904
563
n/a
n/a
755
1,742
n/a
n/a
n/a
14,265
32,910
6,375
64
6,311
7,132
16,455
n/a
n/a
3,156
4,279
9,873
n/a
n/a
n/a
7,132
16,455
n/a
n/a
3,156
4,279
9,873
n/a
n/a
n/a
Total
63,000
4,726
n/a
53,550
26,743
n/a
26,743
n/a
2008 CDQ
reserve
2008 CDQ
reserve
HLA limit4
2008 Seasonal allowances2
Subarea and component
2008 TAC
A season3
2008 ITAC
B season3
HLA limit4
Total
Total
HLA limit4
Western Aleutian District
Central Aleutian District
EAI/BS subarea5
Jig (1%)6
Other gear (99%)
24,481
27,728
12,891
n/a
n/a
1,836
2,080
967
n/a
n/a
1,102
1,248
n/a
n/a
n/a
20,809
23,569
10,957
110
10,848
10,404
11,784
n/a
n/a
5,424
6,243
7,071
n/a
n/a
n/a
10,404
11,784
n/a
n/a
5,424
6,243
7,071
n/a
n/a
n/a
Total
65,100
4,883
n/a
55,335
27,612
n/a
27,612
n/a
1
Regulations at §§ 679.20(a)(8)(ii) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery.
The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
3 The A season is January 1 (January 20 for trawl gear) to April 15 and the B season is September 1 to November 1.
4 Harvest Limit Area (HLA) limit refers to the amount of each seasonal allowance that is available for fishing inside the HLA (see § 679.2). In
2007 and 2008, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts.
5 Eastern Aleutian District and the Bering Sea subarea.
6 Regulations at § 679.20(a)(8)(i) require that up to 2 percent of the Eastern Aleutian District and the Bering Sea subarea ITAC be allocated to
jig gear. The proposed amount of this allocation is 1 percent. The jig gear allocation is not apportioned by season.
2
Allocation of the Pacific Cod TAC
jlentini on PROD1PC65 with RULES
Pursuant to § 679.20(a)(7)(i)(A), 2
percent of the Pacific cod ITAC is
allocated to vessels using jig gear, 51
percent to vessels using hook-and-line
or pot gear, and 47 percent to vessels
using trawl gear. Section
679.20(a)(7)(i)(B) further allocates the
portion of the Pacific cod ITAC
allocated to trawl gear as 50 percent to
catcher vessels and 50 percent to
catcher/processors. Section
679.20(a)(7)(i)(C)(1) sets aside a portion
of the Pacific cod ITAC allocated to
hook-and-line or pot gear as an ICA of
Pacific cod in directed fisheries for
groundfish using these gear types. The
Regional Administrator proposes an ICA
of 500 mt for 2007 and 2008 based on
anticipated incidental catch in these
fisheries. The remainder of the Pacific
cod ITAC is further allocated to vessels
using hook-and-line or pot gear as the
following DFAs: 80 percent to hookand-line catcher/processors, 0.3 percent
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Jkt 211001
to hook-and-line catcher vessels, 3.3
percent to pot catcher/processors, 15
percent to pot catcher vessels, and 1.4
percent to catcher vessels under 60 feet
(18.3 m) length overall (LOA) using
hook-and-line or pot gear.
Due to concerns about the potential
impact of the Pacific cod fishery on
Steller sea lions and their critical
habitat, the Pacific cod ITAC is
apportioned into seasonal allowances to
disperse the Pacific cod fisheries over
the fishing year (see
§§ 679.20(a)(7)(iii)(A) and 679.23(e)(5)).
For pot and most hook-and-line gear,
the first seasonal allowance of 60
percent of the ITAC is made available
for directed fishing from January 1 to
June 10, and the second seasonal
allowance of 40 percent of the ITAC is
made available from June 10 (September
1 for pot gear) to December 31. No
seasonal harvest constraints are
imposed on the Pacific cod fishery by
catcher vessels less than 60 feet (18.3 m)
LOA using hook-and-line or pot gear.
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For trawl gear, the first season is January
20 to April 1 and is allocated 60 percent
of the ITAC. The second season, April
1 to June 10, and the third season, June
10 to November 1, are each allocated 20
percent of the ITAC. The trawl catcher
vessel allocation is further allocated as
70 percent in the first season, 10 percent
in the second season, and 20 percent in
the third season. The trawl catcher/
processor allocation is allocated 50
percent in the first season, 30 percent in
the second season, and 20 percent in the
third season. For jig gear, the first and
third seasonal allowances are each
allocated 40 percent of the ITAC and the
second seasonal allowance is allocated
20 percent of the ITAC. Table 4 lists the
2007 and 2008 proposed allocations and
seasonal apportionments of the Pacific
cod ITAC. In accordance with
§ 679.20(a)(7)(ii)(D) and (a)(7)(iii)(B),
any unused portion of a seasonal Pacific
cod allowance will become available at
the beginning of the next seasonal
allowance.
E:\FR\FM\15DEP1.SGM
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51
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Hook-and-line/
pot sub-total
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1.4
1,021
10,944
2,408
219
58,370
n/a
500
n/a
2007 Share
of gear sector total
n/a
E:\FR\FM\15DEP1.SGM
2
15DEP1
Total
144,045
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Jan 1-Apr 30
Apr 30-Aug 31
Aug 31-Dec 31
Jan 20-Apr 1
Apr 1-Jun 10
Jun 10-Nov 1
Jan 20-Apr 1
Apr 1- Jun 10
Jun 10-Nov 1
n/a
n/a
Jan 1-Jun 10
Sept 1-Dec 31
Jan 1-Jun 10
Sept 1-Dec 31
Jan 1-Jun 10
Jun 10-Dec 31
Jan 1-Jun 10
Jun 10-Dec 31
Date
n/a
1,153
576
1,152
23,695
3,385
6,771
16,925
10,155
6,771
n/a
n/a
6,567
4,377
1,445
963
131
88
35,022
23,348
n/a
n/a
n/a
Amount
2007 Seasonal apportionment1
118,049
2,361
55,483
n/a
n/a
n/a
n/a
n/a
59,705
n/a
60,205
2008 Share
of gear sector total
n/a
n/a
50
50
n/a
1.4
15
3.3
0.3
80
n/a
n/a
n/a
2008 Subtotal percentages for
gear sectors
n/a
n/a
27,742
27,742
n/a
836
8,956
1,970
179
47,764
n/a
500
n/a
2008 Share
of gear sector total
n/a
n/a
n/a
n/a
Jan 1-Apr 30
Apr 30-Aug 31
Aug 31-Dec 31
Jan 20-Apr
1Apr 1-Jun 10
Jun 10-Nov 1
Jan 20-Apr 1
Apr 1- Jun 10
Jun 10-Nov 1
n/a
n/a
Jan 1-Jun 10
Sept 1-Dec 31
Jan 1-Jun 10
Sept 1-Dec 31
Jan 1-Jun 10
Jun 10-Dec 31
Jan 1-Jun 10
Jun 10-Dec 31
Date
n/a
945
472
944
19,419
2,774
5,549
13,871
8,322
5,549
n/a
n/a
5,373
3,582
1,182
788
107
72
28,658
19,106
n/a
n/a
n/a
Amount
2008 Seasonal apportionment1
For most non-trawl gear the first season is allocated 60 percent of the ITAC and the second season is allocated 40 percent of the ITAC. For jig gear, the first and third seasons are each
allocated 40 percent of the ITAC and the second season is allocated 20 percent of the ITAC. No seasonal harvest constraints are imposed for the Pacific cod fishery by catcher vessels less
than 60 feet (18.3 m) LOA using hook-and-line or pot gear. For trawl gear, the first season is allocated 60 percent of the ITAC and the second and third seasons are each allocated 20 percent of the ITAC. The trawl catcher vessels’ allocation is further allocated as 70 percent in the first season, 10 percent in the second season and 20 percent in the third season. The trawl
catcher/processors’ allocation is allocated 50 percent in the first season, 30 percent in the second season and 20 percent in the third season. Any unused portion of a seasonal Pacific cod
allowance will be reapportioned to the next seasonal allowance.
1
100
Jig
2,881
50
Trawl CP
33,851
33,851
50
67,701
n/a
15
3.3
0.3
80
n/a
n/a
n/a
2007 Subtotal percentages for
gear sectors
Total Trawl
Gear
Trawl CV
47
n/a
n/a
n/a
n/a
n/a
72,963
n/a
73,463
2007 Share
of gear sector total
n/a
CV < 60 feet
LOA using
Hook-andline or Pot
gear
n/a
Pot C/P
Pot CV
n/a
Hook-and-line
CV
n/a
n/a
Hook-and-line/
pot ICA
Hook-and-line
C/P
n/a
Total hookand-line/pot
gear
Percent
[Amounts are in metric tons]
TABLE 4 – 2007 AND 2008 PROPOSED GEAR SHARES AND SEASONAL ALLOWANCES OF THE BSAI PACIFIC COD ITAC
Gear sector
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Federal Register / Vol. 71, No. 241 / Friday, December 15, 2006 / Proposed Rules
Sablefish Gear Allocation
Sections 679.20(a)(4)(iii) and (iv)
require the allocation of sablefish TACs
for the Bering Sea and AI subareas
between trawl gear and hook-and-line or
pot gear. Gear allocations of the TACs
for the Bering Sea subarea are 50
percent for trawl gear and 50 percent for
hook-and-line or pot gear and for the AI
subarea are 25 percent for trawl gear and
75 percent for hook-and-line or pot gear.
Section 679.20(b)(1)(iii)(B) requires
apportionment of 20 percent of the
hook-and-line and pot gear allocation of
sablefish to the CDQ reserve. The
Council recommended that only trawl
sablefish TAC be established biennially.
The harvest specifications for the hookand-line gear and pot gear sablefish
Individual Fishing Quota (IFQ) fisheries
will be limited to the 2007 fishing year
to ensure those fisheries are conducted
concurrent with the halibut IFQ fishery.
75467
Concurrent sablefish and halibut IFQ
fisheries would reduce the potential for
discards of halibut and sablefish in
those fisheries. The sablefish IFQ
fisheries would remain closed at the
beginning of each fishing year until the
final harvest specifications for the
sablefish IFQ fisheries are in effect.
Table 5 lists the 2007 and 2008
proposed gear allocations of the
sablefish TAC and CDQ reserve
amounts.
TABLE 5 – 2007 AND 2008 PROPOSED GEAR SHARES AND CDQ RESERVE OF BSAI SABLEFISH TACS
[Amounts are in metric tons]
Subarea and gear
Percent of
TAC
Bering Sea
Trawl
Hook-and-line/pot gear2
2007 Share
of TAC
2007 ITAC1
2007 CDQ
reserve
2008 Share
of TAC
2008 ITAC
2008 CDQ
reserve
50
50
1,120
n/a
952
n/a
0
n/a
2,580
1,097
258
2,240
952
0
655
1,965
557
n/a
0
393
565
n/a
480
n/a
0
n/a
100
TOTAL
0
258
25
75
Aleutian Islands
Trawl
Hook-and-line/pot gear2
1,097
n/a
100
TOTAL
1,290
1,290
2,620
557
393
2,260
480
0
1
Except for the sablefish hook-and-line or pot gear allocation, 15 percent of TAC is apportioned to the reserve. The ITAC is the remainder of
the TAC after the subtraction of these reserves.
2 For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the allocated TAC is reserved for use
by CDQ participants. Regulations in § 679.20(b)(1) do not provide for the establishment of an ITAC for sablefish allocated to hook-and-line or pot
gear.
jlentini on PROD1PC65 with RULES
Allocation of PSC Limits for Halibut,
Crab, Salmon, and Herring
Section 679.21(e) sets forth the BSAI
PSC limits. Pursuant to § 679.21(e)(1)(v)
and (e)(2)(i) the BSAI halibut mortality
limits are 3,675 mt for trawl fisheries
and 900 mt for the non-trawl fisheries.
Section 679.21(e)(1)(i) allocates 7.5
percent of these halibut mortality limits
as the proposed PSQ reserve for use by
the groundfish CDQ program. Section
679.21(e)(1)(vii) specifies 29,000 fish as
the 2007 and 2008 proposed Chinook
salmon PSC limit for the Bering Sea
subarea pollock fishery. Section
679.21(e)(1)(i) allocates 7.5 percent, or
2,175 Chinook salmon, as the proposed
PSQ for the CDQ program and allocates
the remaining 26,825 Chinook salmon to
the non-CDQ fisheries. Section
679.21(e)(1)(ix) specifies 700 fish as the
2007 and 2008 proposed Chinook
salmon PSC limit for the AI subarea
pollock fishery. Section 679.21(e)(1)(i)
allocates 7.5 percent, or 53 Chinook
salmon, as the proposed AI subarea PSQ
for the CDQ program and allocates the
remaining 647 Chinook salmon to the
non-CDQ fisheries. Section
679.21(e)(1)(viii) specifies 42,000 fish as
the 2007 and 2008 proposed nonChinook salmon PSC limit. Section
679.21(e)(1)(i) allocates 7.5 percent, or
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3,150 non-Chinook salmon, as the
proposed PSQ for the CDQ program and
allocates the remaining 38,850 nonChinook salmon to the non-CDQ
fisheries.
PSC limits for crab and herring are
specified annually based on abundance
and spawning biomass. Due to the lack
of new information in October 2006
regarding PSC limits and
apportionments, the Council
recommended and NMFS proposes
using the crab and herring 2006 and
2007 PSC limits and apportionments for
the proposed 2007 and 2008 limits and
apportionments. The Council will
reconsider these amounts in December
2006, based on recommendations by the
Plan Team and the SSC.
The red king crab mature female
abundance is estimated from the 2004
survey data at 35.4 million crabs and the
effective spawning biomass is estimated
at 61.9 million pounds (28,077 mt).
Based on the criteria set out at
§ 679.21(e)(1)(ii), the 2007 and 2008
proposed PSC limit of red king crab in
Zone 1 for trawl gear is 197,000 animals.
This limit results from the mature
female abundance being above 8.4
million king crabs and of the effective
spawning biomass estimate being
greater than 55 million pounds (24,948
mt).
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Section 679.21(e)(3)(ii)(B) establishes
criteria under which NMFS must
specify an annual red king crab bycatch
limit for the Red King Crab Savings
Subarea (RKCSS). The regulations limit
the RKCSS to up to 35 percent of the
trawl bycatch allowance specified for
the rock sole/flathead sole/‘‘other
flatfish’’ fishery category based on the
need to optimize the groundfish harvest
relative to red king crab bycatch. The
Council recommended, and NMFS
proposes, a red king crab bycatch limit
equal to 35 percent of the trawl bycatch
allowance specified for the rock sole/
flathead sole/‘‘other flatfish’’ fishery
category within the RKCSS.
Based on 2004 survey data, Tanner
crab (Chionoecetes bairdi) abundance is
estimated at 437.41 million crabs. Given
the criteria set out at § 679.21(e)(1)(iii),
the 2007 and 2008 proposed C. bairdi
crab PSC limit for trawl gear is 980,000
animals in Zone 1 and 2,970,000
animals in Zone 2. These limits result
from the C. bairdi crab abundance
estimate of over 400 million crabs.
Pursuant to § 679.21(e)(1)(iv), the PSC
limit for snow crab (C. opilio) is based
on total abundance as indicated by the
NMFS annual bottom trawl survey. The
C. opilio crab PSC limit is set at 0.1133
percent of the Bering Sea abundance
index. Based on the 2004 survey
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Federal Register / Vol. 71, No. 241 / Friday, December 15, 2006 / Proposed Rules
estimate of 4.421 billion crabs, the
calculated limit is 5,008,993 animals.
Pursuant to § 679.21(e)(1)(iv)(A), the
2007 and 2008 proposed C. opilio crab
PSC limit is 4,858,993 animals
(5,008,993 animals minus 150,000
animals).
Pursuant to § 679.21(e)(1)(i), 7.5
percent of each PSC limit specified for
crab is allocated as a PSQ reserve for use
by the groundfish CDQ program.
Pursuant to § 679.21(e)(1)(vi), the
proposed PSC limit of Pacific herring
caught while conducting any trawl
operation for groundfish in the BSAI is
1 percent of the annual eastern Bering
Sea herring biomass. The best estimate
of 2006 and 2007 herring biomass is
201,180 mt. This amount was derived
using 2005 survey data and an agestructured biomass projection model
developed by the Alaska Department of
Fish and Game. Therefore, the proposed
herring PSC limit for 2007 and 2008 is
2,012 mt.
Section 679.21(e)(3) requires the
apportionment of each trawl PSC limit
into PSC bycatch allowances for seven
specified fishery categories. Section
679.21(e)(4)(ii) authorizes the
apportionment of the non-trawl halibut
PSC limit into PSC bycatch allowances
for five fishery categories. Table 6 lists
the proposed fishery bycatch allowances
for the trawl and non-trawl fisheries.
Section 679.21(e)(4)(ii) authorizes the
exemption of specified non-trawl
fisheries from the halibut PSC limit. As
in past years, NMFS, after consultation
with the Council, proposes to exempt
pot gear, jig gear, and the sablefish IFQ
hook-and-line gear fishery categories
from halibut bycatch restrictions
because (1) the pot gear fisheries have
low halibut bycatch mortality, (2)
halibut mortality for the jig gear fleet is
assumed to be negligible although it
cannot be estimated because these
vessels do not carry observers, and (3)
the sablefish and halibut IFQ fisheries
have low halibut bycatch mortality
because the IFQ program (subpart D of
50 CFR part 679) requires legal-sized
halibut to be retained by vessels using
hook-and-line gear if a halibut IFQ
permit holder or a hired master is
aboard and is holding unused halibut
IFQ. In 2006, total groundfish catch for
the pot gear fishery in the BSAI was
approximately 19,721 mt, with an
associated halibut bycatch mortality of
about 5 mt. The 2006 groundfish jig gear
fishery harvested about 84 mt of
groundfish. Most vessels in the jig gear
fleet are less than 60 ft (18.3 m) LOA
and are exempt from observer coverage
requirements. As a result, observer data
are not available on halibut bycatch in
the jig gear fishery. However, a
negligible amount of halibut bycatch
mortality is assumed because of the
selective nature of jig gear and the
likelihood that halibut caught with jig
gear have a high survival rate when
released.
Section 679.21(e)(5) authorizes
NMFS, after consultation with the
Council, to establish seasonal
apportionments of PSC amounts in
order to maximize the ability of the fleet
to harvest the available groundfish TAC
and to minimize bycatch. The factors to
be considered are: (1) seasonal
distribution of prohibited species, (2)
seasonal distribution of target
groundfish species, (3) PSC bycatch
needs on a seasonal basis relevant to
prohibited species biomass, (4) expected
variations in bycatch rates throughout
the year, (5) expected start of fishing
effort, and (6) economic effects of
seasonal PSC apportionments on
industry sectors. The final 2006 and
2007 harvest specifications (71 FR
10894, March 3, 2006) summarized the
Council and NMFS’ findings with
respect to each of these FMP
considerations. The Council and NMFS’
findings for 2007 and 2008 are
unchanged from 2006. NMFS proposes
the Council’s recommendations listed in
Table 6.
TABLE 6 – 2007 AND 2008 PROPOSED PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI
TRAWL AND NON-TRAWL FISHERIES
Prohibited species and zone
Trawl fisheries
Halibut mortality (mt)
BSAI
Red King
Crab (animals) Zone 11
Herring (mt)
BSAI
C. opilio (animals) COBLZ1
C. bairdi (animals)
Zone 11
Zone 21
Yellowfin sole
January 20 - April 1
April 1 - May 21
May 21 - July 1
July 1 - December 31
Rock sole/other flat/flathead sole2,6
January 20 - April 1
April 1 - July 1
July 1 - December 31
Turbot/arrowtooth/sablefish3
Rockfish
July 1 - December 31
Pacific cod
Midwater trawl pollock
Pollock/Atka mackerel/other4
Red King Crab Savings Subarea6
(non-pelagic trawl)
886
262
195
49
380
779
448
164
167
.......
.......
69
1,434
.......
232
.......
.......
183
.......
.......
.......
.......
27
.......
.......
.......
12
.......
10
27
1,562
192
.......
.......
33,843
.......
.......
.......
.......
121,413
.......
.......
.......
.......
.......
.......
26,563
.......
406
.......
42,495
3,101,915
.......
.......
.......
.......
1,082,528
.......
.......
.......
44,946
.......
44,945
139,331
.......
80,903
.......
.......
340,844
.......
.......
.......
.......
365,320
.......
.......
.......
.......
.......
.......
183,112
.......
17,224
.......
.......
1,788,459
.......
.......
.......
.......
596,154
.......
.......
.......
.......
.......
10,988
324,176
.......
27,473
.......
.......
Total trawl PSC
3,400
2,012
182,225
4,494,569
906,500
2,747,250
775
320
0
455
58
58
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
.......
jlentini on PROD1PC65 with RULES
Non-trawl fisheries
Pacific cod - Total
January 1 - June 10
June 10 - August 15
August 15 - December 31
Other non-trawl - Total
May 1 - December 31
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75469
TABLE 6 – 2007 AND 2008 PROPOSED PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI
TRAWL AND NON-TRAWL FISHERIES—Continued
Prohibited species and zone
Trawl fisheries
Halibut mortality (mt)
BSAI
Groundfish pot and jig
Sablefish hook-and-line
Red King
Crab (animals) Zone 11
Herring (mt)
BSAI
C. opilio (animals) COBLZ1
C. bairdi (animals)
Zone 11
Zone 21
exempt
exempt
Total non-trawl PSC
833
PSQ reserve5
342
.......
14,775
364,424
73,500
222,750
4,575
2,012
197,000
4,858,993
980,000
2,970,000
PSC grand total
1
Refer to § 679.2 for definitions of areas.
2 ″Other flatfish″ for PSC monitoring includes all flatfish species, except halibut (a prohibited species), Greenland turbot, rock sole, yellowfin
sole, and arrowtooth flounder.
3 Greenland turbot, arrowtooth flounder, and sablefish fishery category.
4 Pollock other than pelagic trawl pollock, Atka mackerel, and ″other species″ fishery category.
5 With the exception of herring, 7.5 percent of each PSC limit is allocated to the CDQ program as PSQ reserve. The PSQ reserve is not allocated by fishery, gear, or season.
6 In October 2006, the Council recommended that red king crab bycatch for trawl fisheries within the RKCSS be limited to 35 percent of the
total allocation to the rock sole/flathead sole/″other flatfish″ fishery category (see § 679.21(e)(3)(ii)(B)).
jlentini on PROD1PC65 with RULES
Halibut Discard Mortality Rates
To monitor halibut bycatch mortality
allowances and apportionments, the
Regional Administrator uses observed
halibut bycatch rates, discard mortality
rates (DMR), and estimates of
groundfish catch to project when a
fishery’s halibut bycatch mortality
allowance or seasonal apportionment is
reached. The DMRs are based on the
best information available, including
information contained in the annual
SAFE report.
The Council recommended and
NMFS proposes that the halibut DMRs
developed and recommended by staff of
the International Pacific Halibut
Commission (IPHC) for the 2007 and
2008 BSAI groundfish fisheries be used
for monitoring the 2007 and 2008
proposed halibut bycatch allowances
(see Table 7). The BSAI DMRs proposed
for 2007 and 2008 are revised from
those used in 2006. The IPHC developed
these DMRs using the 10–year mean
DMRs for the BSAI non-CDQ groundfish
fisheries. The IPHC will analyze
observer data annually and recommend
changes to the DMRs where a fishery
DMR shows large variation from the
mean. The IPHC has been calculating
DMRs for the CDQ fisheries since 1998,
and a 10–year mean is not yet available.
Until 10 years of data from CDQ fishing
has been collected, recommendations
will be based on averaging all available
data. A copy of the document justifying
these DMRs is available from the
Council (see ADDRESSES) and will be
discussed in Appendix A of the final
2006 SAFE report to be released
November 2006.
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TABLE 7 – 2007 AND 2008 PROPOSED ASSUMED PACIFIC HALIBUT
DISCARD
MORTALITY
RATES FOR THE BSAI FISHERIES
Halibut mortality (percent)
13
Sablefish
75
Yellowfin
sole
80
11
11
Other species
7
Pacific cod
Rockfish
17
Pacific cod
7
Atka mackerel
76
Atka mackerel
86
Flathead
sole
70
Flathead
sole
70
Greenland
turbot
70
Non-pelagic
pollock
85
Non-pelagic
pollock
74
Pelagic pollock
90
Pelagic pollock
88
Rockfish
76
74
Yellowfin
sole
86
Other flatfish
70
Greenland
turbot
13
Other species
Pacific cod
10
Pacific cod
70
CDQ pot
Pacific cod
7
Rockfish
76
CDQ pot
Sablefish
Rock sole
Hook-and-line
Fishery
Other species
Gear
Fishery
Halibut mortality (percent)
Greenland
turbot
TABLE 7 – 2007 AND 2008 PROPOSED ASSUMED PACIFIC HALIBUT
DISCARD
MORTALITY
RATES FOR THE BSAI FISHERIES—Continued
80
Gear
Pot
Trawl
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CDQ hookand-line
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Federal Register / Vol. 71, No. 241 / Friday, December 15, 2006 / Proposed Rules
Amendment 68 Sideboards
Section 802 of the Consolidated
Appropriations Act of 2004 (Public Law
108–199; Section 802) grants NMFS
specific statutory authority to manage
the Central Gulf of Alaska rockfish
fisheries. The Council adopted a Central
Gulf of Alaska Rockfish Pilot Program
(Rockfish Program) to meet the
requirements of Section 802 on June 6,
2005. The elements of the Rockfish
Program are discussed in detail in the
proposed and final rules to Amendment
68 to the FMP for Groundfish of the
GOA (71 FR 33040, June 7, 2006 and 71
FR 67210, November 20, 2006). The
Council submitted Amendment 68 to
NMFS and the Secretary approved it on
August 11, 2006. Based on the final rule
for Amendment 68 (71 FR 67210,
November 20, 2006), the final harvest
specifications also will establish
sideboard measures including
prohibitions on catcher vessels fishing
specific groundfish fisheries in the BSAI
and limitations on fishing Pacific cod in
the BSAI during July. The basis for the
fishing prohibitions and the BSAI
catcher vessel Pacific cod sideboard
limit is described in detail in the final
rule for Amendment 68 (71 FR 67210,
November 20, 2006). The BSAI catcher
vessel Pacific cod sideboard limit would
be 0.0 mt, and this would effectively
close directed fishing for BSAI Pacific
cod in July for catcher vessels under the
Rockfish Program sideboard limitations.
Listed AFA Catcher/Processor
Sideboard Limits
According to § 679.64(a), the Regional
Administrator will restrict the ability of
listed AFA catcher/processors to engage
in directed fishing for groundfish
species other than pollock to protect
participants in other groundfish
fisheries from adverse effects resulting
from the AFA and from fishery
cooperatives in the directed pollock
fishery. The basis for these sideboard
limits is described in detail in the final
rule implementing major provisions of
the AFA (67 FR 79692, December 30,
2002). Table 8 lists the 2007 and 2008
proposed catcher/processor sideboard
limits.
All groundfish other than pollock that
are caught by listed AFA catcher/
processors, whether as targeted catch or
incidental catch, will be deducted from
the proposed sideboard limits in Table
8. However, groundfish other than
pollock that are delivered to listed
catcher/processors by catcher vessels
will not be deducted from the 2007 and
2008 proposed sideboard limits for the
listed catcher/processors.
TABLE 8 – 2007 AND 2008 PROPOSED LISTED BSAI AMERICAN FISHERIES ACT CATCHER/PROCESSOR
GROUNDFISH SIDEBOARD LIMITS
[Amounts are in metric tons]
1995 - 1997
Target species
Pacific cod trawl
Sablefish trawl
Atka mackerel
Yellowfin sole
Rock sole
Greenland turbot
Arrowtooth flounder
Flathead sole
Alaska plaice
Other flatfish
Pacific ocean perch
Northern rockfish
Shortraker rockfish
Rougheye rockfish
Other rockfish
jlentini on PROD1PC65 with RULES
Squid
Other species
Area
BSAI
BS
AI
Western Aleutian
A season1
HLA limit2
B season1
HLA limit
Central Aleutian
A season1
HLA limit
B season
HLA limit
BSAI
BSAI
BS
AI
BSAI
BSAI
BSAI
BSAI
BS
Western Aleutian
Central Aleutian
Eastern Aleutian
BSAI
BSAI
BSAI
BS
AI
BSAI
BSAI
Retained
catch
Total catch
Ratio of retained catch
to total catch
2007 Proposed
ITAC
available
to trawl
C/Ps
2007 Proposed C/P
sideboard
limit
2008 Proposed
ITAC
available
to trawl
C/Ps
2008 Proposed C/P
sideboard
limit
12,424
8
0
48,177
497
145
0.258
0.016
0.000
33,851
1,097
557
8,734
18
0
27,742
952
480
7,157
15
0
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
0.200
n/a
0.200
n/a
7,132
4,279
7,132
4,279
1,426
856
1,426
856
10,404
6,242
10,404
6,242
2,081
1,248
2,081
1,248
n/a
n/a
n/a
n/a
100,192
6,317
121
23
76
1,925
14
3,058
12
54
3
125
91
50
50
18
22
73
553
n/a
n/a
n/a
n/a
435,788
169,362
17,305
4,987
33,987
52,755
9,438
52,298
4,879
13,598
5,698
6,179
13,040
2,811
2,811
621
806
3,328
68,672
0.115
n/a
0.115
n/a
0.230
0.037
0.007
0.005
0.002
0.036
0.001
0.058
0.002
0.004
0.001
0.020
0.007
0.018
0.018
0.029
0.027
0.022
0.008
16,455
9,873
16,455
9,873
99,535
72,876
1,543
693
17,000
18,700
27,200
4,250
2,567
4,659
2,785
2,824
4,250
493
190
689
502
1,084
34,765
1,892
1,135
1,892
1,135
22,893
2,696
11
3
34
673
27
247
5
19
3
56
30
9
3
20
14
24
278
11,784
7,070
11,784
7,070
90,440
94,860
1,543
693
123,080
44,370
110,191
15,385
2,567
4,659
2,785
2,824
4,250
493
190
689
502
1,675
29,750
1,355
813
1,355
813
20,801
3,510
11
3
246
1,597
110
892
5
19
3
56
30
9
3
20
14
37
238
1 The seasonal apportionment of Atka mackerel in the open access fishery is 50 percent in the A season and 50 percent in the B season. Listed AFA catcher/processors are limited to harvesting no more than zero in the Eastern Aleutian District and Bering Sea subarea, 20 percent of
the annual TAC specified for the Western Aleutian District, and 11.5 percent of the annual TAC specified for the Central Aleutian District.
2 Harvest Limit Area (HLA) limit refers to the amount of each seasonal allowance that is available for fishing inside the HLA (see § 679.2). In
2007 and 2008, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts.
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Section 679.64(a)(5) establishes a
formula for PSC sideboard limits for
listed AFA catcher/processors. The
basis for these sideboard limits is
described in detail in the final rule
implementing major provisions of the
AFA (67 FR 79692, December 30, 2002).
PSC species listed in Table 9 that are
caught by listed AFA catcher/processors
participating in any groundfish fishery
other than pollock will accrue against
the 2007 and 2008 proposed PSC
sideboard limits for the listed AFA
catcher/processors. Section
679.21(e)(3)(v) authorizes NMFS to
close directed fishing for groundfish
other than pollock for listed AFA
catcher/processors once a 2006 or 2007
proposed PSC sideboard limit listed in
Table 9 is reached.
75471
Crab or halibut PSC caught by listed
AFA catcher/processors while fishing
for pollock will accrue against the
bycatch allowances annually specified
for either the midwater pollock or the
pollock/Atka mackerel/‘‘other species’’
fishery categories according to
regulations at § 679.21(e)(3)(iv).
TABLE 9– 2007 AND 2008 PROPOSED BSAI AMERICAN FISHERIES ACT LISTED CATCHER/PROCESSOR PROHIBITED
SPECIES SIDEBOARD LIMITS1
1995 – 1997
PSC Species
PSC
Halibut mortality
Red king crab
C. opilio
C. bairdi
Zone 12
Zone 22
Ratio of PSC
to total PSC
Total PSC
2007 and 2008 Proposed
PSC available to trawl vessels
2007 and 2008 Proposed
C/P sideboard limit
995
3,098
2,323,731
11,325
473,750
15,139,178
0.084
0.007
0.153
3,400
182,225
4,494,569
286
1,276
687,669
385,978
406,860
2,750,000
8,100,000
0.140
0.050
906,500
2,747,2250
126,910
137,363
1Halibut
2Refer
mortality amounts are in metric tons. Crab amounts are in numbers of animals.
to § 679.2 for definitions of areas.
AFA Catcher Vessel Sideboard Limits
Pursuant to § 679.64(b), the Regional
Administrator restricts the ability of
AFA catcher vessels to engage in
directed fishing for groundfish species
other than pollock to protect
participants in other groundfish
fisheries from adverse effects resulting
from the AFA and from fishery
cooperatives in the directed pollock
fishery. Section 679.64(b) establishes
formulas for setting AFA catcher vessel
groundfish and PSC sideboard limits for
the BSAI. The basis for these sideboard
limits is described in detail in the final
rule implementing major provisions of
the AFA (67 FR 79692, December 30,
2002). Tables 10 and 11 list the 2007
and 2008 proposed catcher vessel
sideboard limits.
All catch of groundfish sideboard
species made by non-exempt AFA
catcher vessels, whether as targeted
catch or as incidental catch, will be
deducted from the 2007 and 2008
proposed sideboard limits listed in
Table 10.
TABLE 10 – 2007 AND 2008 PROPOSED BSAI AMERICAN FISHERIES ACT CATCHER VESSEL SIDEBOARD
LIMITS
[Amounts are in metric tons]
Fishery by area/
season/ processor/
gear
Species
Pacific cod
Sablefish
jlentini on PROD1PC65 with RULES
Atka mackerel
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Ratio of 19951997 AFA CV
catch to 19951997 TAC
BSAI
Jig gear
Hook-and-line CV
Jan 1 - Jun 10
Jun 10 - Dec 31
Pot gear CV
Jan 1 - Jun 10
Sept 1 - Dec 31
CV < 60 feet LOA
using hook-and-line
or pot gear
Trawl gear CV
Jan 20 - Apr 1
Apr 1 - Jun 1
Jun 10 - Nov 1
BS trawl gear
AI trawl gear
Eastern Aleutian/BS
Jig gear
Other gear
Jan 1 - Apr 15
Sept 1 - Nov 1
Central Aleutian
Jan 1 - Apr 15
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2007 Proposed
catcher vessel
sideboard limits
2007 Proposed
initial TAC
2008 Proposed
initial TAC
2008 Proposed
catcher vessel
sideboard limits
0.0000
2,881
0
2,361
0
0.0006
0.0006
131
88
0
0
107
72
0
0
0.0006
0.0006
0.0006
6,567
4,377
1,021
4
3
1
5,373
3,582
836
3
2
1
0.8609
0.8609
0.8609
0.0906
0.0645
23,695
3,385
6,771
1,097
557
20,399
2,914
5,829
99
36
19,419
2,774
5,549
952
480
16,718
2,388
4,777
86
31
0.0031
64
0
110
0
0.0032
0.0032
3,156
3,156
10
10
5,424
5,424
17
17
0.0001
16,455
2
11,784
1
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Federal Register / Vol. 71, No. 241 / Friday, December 15, 2006 / Proposed Rules
TABLE 10 – 2007 AND 2008 PROPOSED BSAI AMERICAN FISHERIES ACT CATCHER VESSEL SIDEBOARD
LIMITS—Continued
[Amounts are in metric tons]
Fishery by area/
season/ processor/
gear
Species
Yellowfin sole
Rock sole
Greenland Turbot
Arrowtooth flounder
Alaska plaice
Other flatfish
Pacific ocean perch
Northern rockfish
Shortraker rockfish
Rougheye rockfish
Other rockfish
Squid
Other species
Flathead Sole
Ratio of 19951997 AFA CV
catch to 19951997 TAC
HLA limit
Sept 1 - Nov 1
HLA limit
Western Aleutian
Jan 1 - Apr 15
HLA limit
Sept 1 - Nov 1
HLA limit
BSAI
BSAI
BS
AI
BSAI
BSAI
BSAI
BS
Eastern Aleutian
Central Aleutian
Western Aleutian
BSAI
BSAI
BSAI
BS
AI
BSAI
BSAI
BS trawl gear
2007 Proposed
catcher vessel
sideboard limits
2007 Proposed
initial TAC
2008 Proposed
initial TAC
2008 Proposed
catcher vessel
sideboard limits
0.0001
0.0001
0.0001
1
2
1
7,071
11,784
7,071
1
1
1
0.0000
n/a
0.0000
n/a
0.0647
0.0341
0.0645
0.0205
0.0690
0.0441
0.0441
0.1000
0.0077
0.0025
0.0000
0.0084
0.0037
0.0037
0.0048
0.0095
0.3827
0.0541
0.0505
Halibut and crab PSC listed in Table
11 that are caught by AFA catcher
vessels participating in any groundfish
fishery other than pollock will accrue
against the 2007 and 2008 proposed PSC
sideboard limits for the AFA catcher
vessels. Sections 679.21(d)(8) and
9,873
16,455
9,873
7,132
4,279
7,132
4,279
99,535
72,876
1,543
693
17,000
27,200
4,250
2,567
2,824
2,785
4,659
4,250
493
190
689
502
1,084
34,765
17,000
0
0
0
0
6,440
2,485
100
14
1,173
1,200
187
257
22
7
0
36
2
1
3
5
415
1,881
859
10,404
6,243
10,404
6,243
90,440
94,860
1,543
693
123,080
110,191
15,385
2,567
2,824
2,785
4,659
4,250
493
190
689
502
1,675
29,750
43,010
0
0
0
0
5,851
3,235
100
14
8,493
4,859
678
257
22
7
0
36
2
1
3
5
641
1,609
2,172
(e)(3)(v) provide authority to close
directed fishing for groundfish other
than pollock for AFA catcher vessels
once a 2007 and 2008 proposed PSC
sideboard limit listed in Table 11 is
reached. The PSC caught by AFA
catcher vessels while fishing for pollock
in the BSAI will accrue against the
bycatch allowances annually specified
for either the midwater pollock or the
pollock/Atka mackerel/‘‘other species’’
fishery categories under regulations at
§ 679.21(e)(3)(iv).
TABLE 11 – 2007 AND 2008 PROPOSED BSAI AMERICAN FISHERIES ACT CATCHER VESSEL PROHIBITED
SPECIES CATCH SIDEBOARD LIMITS1
PSC species
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Halibut
Red King Crab
Zone 14
VerDate Aug<31>2005
Target fishery
Ratio of 1995-1997
AFA catcher vessel
groundfish retained
catch to total retained
catch
category2
Pacific cod trawl
Pacific cod hook-and-line or pot
Yellowfin sole
January 20-April 1
April 1-May 21
May 21-July 5
July 5-December 31
Rock sole/flathead sole/other flatfish5
January 20-April 1
April 1-July 5
July 5-December 31
Turbot/Arrowtooth/Sablefish
Rockfish (July 1 - December 31)
Pollock/Atka mackerel/other species
Pacific cod
Yellowfin sole
Rock sole/flathead sole/other flatfish5
16:16 Dec 14, 2006
Jkt 211001
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Frm 00041
Fmt 4702
2007 and 2008 Proposed PSC limit
2007 and 2008 Proposed AFA catcher
vessel PSC sideboard
limit
0.6183
0.0022
887
2
0.1144
0.1144
0.1144
0.1144
262
195
49
380
30
22
6
43
0.2841
0.2841
0.2841
0.2327
0.0245
0.0227
0.6183
0.1144
0.2841
Sfmt 4702
1,434
775
448
164
167
0
69
232
26,563
33,843
121,413
127
47
47
0
2
5
16,424
3,872
34,493
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75473
TABLE 11 – 2007 AND 2008 PROPOSED BSAI AMERICAN FISHERIES ACT CATCHER VESSEL PROHIBITED
SPECIES CATCH SIDEBOARD LIMITS1—Continued
PSC species
C. opilio
COBLZ3
C. bairdi
Zone 13
C. bairdi
Zone 23
Target fishery
Ratio of 1995-1997
AFA catcher vessel
groundfish retained
catch to total retained
catch
category2
Pollock/Atka mackerel/other species
Pacific cod
Yellowfin sole
Rock sole/flathead sole/other flatfish5
Pollock/Atka mackerel/other species
Rockfish
Turbot/Arrowtooth/Sablefishs
Pacific cod
Yellowfin sole
Rock sole/flathead sole/other flatfish5
Pollock/Atka mackerel/other species
Pacific cod
Yellowfin sole
Rock sole/flathead sole/other flatfish5
Pollock/Atka mackerel/other species
Rockfish
2007 and 2008 Proposed PSC limit
2007 and 2008 Proposed AFA catcher
vessel PSC sideboard
limit
0.0227
0.6183
0.1144
0.2841
406
139,331
3,101,915
1,082,528
9
86,148
354,859
307,546
0.0227
0.0245
0.2327
0.6183
0.1144
0.2841
80,903
44,945
44,946
183,112
340,844
365,320
1,836
1,101
10,459
113,218
38,993
103,787
0.0227
0.6183
0.1144
0.2841
17,224
324,176
1,788,459
596,154
391
200,438
204,600
169,367
0.0227
0.0245
27,473
10,988
624
269
1
Halibut mortality amounts are in metric tons. Crab amounts are in numbers of animals.
Target fishery categories are defined in regulation at § 679.21(e)(3)(iv).
3 Refer to § 679.2 for definitions of areas.
4 In October 2006, the Council recommended that red king crab bycatch for trawl fisheries within the RKCSS be limited to 35 percent of the
total allocation to the rock sole/flathead sole/″other flatfish″ fishery category (see § 679.21(e)(3)(ii)(B)).
5 ″Other flatfish″ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), Greenland turbot, rock sole, yellowfin
sole, and arrowtooth flounder.
jlentini on PROD1PC65 with RULES
2
Classification
NMFS has determined that the
proposed specifications are consistent
with the FMP and preliminarily
determined that the proposed
specifications are consistent with the
MSA and other applicable laws.
NMFS prepared a DEIS for this action;
a notice of availability was published on
September 8, 2006 (71 FR 53093). The
public comment period closed on
October 23, 2006. The DEIS analyzes the
environmental consequences of the
proposed action and its alternatives on
resources in the action area. The DEIS
found no significant environmental
consequences from the proposed action
or its alternatives, however, some
impacts were unknown.
This action is authorized under 50
CFR 679.20 and is exempt from review
under Executive Order 12866.
An initial regulatory flexibility
analysis (IRFA) was prepared, as
required by section 603 of the
Regulatory Flexibility Act. The IRFA
describes the economic impact this
proposed rule, if adopted, would have
on small entities. A description of the
action, why it is being considered, and
the legal basis for this action are
contained at the beginning of this
section in the preamble and in the
SUMMARY section of the preamble. A
summary of the analysis follows. A copy
VerDate Aug<31>2005
16:16 Dec 14, 2006
Jkt 211001
of this analysis is available from NMFS
(see ADDRESSES).
The action under consideration is a
harvest strategy to govern the catch of
groundfish in the BSAI. The preferred
alternative is the status quo harvest
strategy in which TACs fall within the
range of ABCs recommended by the
Council’s Groundfish Plan Teams, and
TACs recommended by the Council.
This action is taken in accordance with
the FMP prepared by the Council
pursuant to the MSA.
The entities directly regulated by this
action are those that harvest groundfish
in the EEZ of the BSAI, and in parallel
fisheries within State of Alaska waters.
These include entities operating catcher
vessels and catcher-processor vessels
within the action area, and entities
receiving direct allocations of
groundfish. Catcher vessels and catcher
processors were considered to be small
entities if they had annual gross
receipts, from all of their economic
activities, and including the revenue of
their affiliated operations, less than or
equal to $4 million per year. Data from
2004 was used because it was the most
recent available. CDQ groups receive
direct allocations of groundfish, and
these were considered to be small
entities because they are non-profit
entities. The Aleut Corporation is not a
small entity because it is a holding
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Fmt 4702
Sfmt 4702
company which does not meet the SBA
$6 million threshold for holding
companies (13 CFR 121.201).
The directly regulated small entities
include approximately 810 small
catcher vessels, fewer than 20 small
catcher/processors, and six CDQ groups.
Estimates of first wholesale gross
revenues for the BSAI non-CDQ and
CDQ sectors were used as indices of the
potential impacts of the alternative
harvest strategies on small entities.
Revenues were projected to decline
from 2006 levels in 2007 and 2008
under the preferred alternative due to
declines in ABCs for economically key
groundfish species.
The new provisions in the MSA
governing the CDQ Program may reduce
the amount of sablefish available as
incidental catch by CDQ trawl vessels
and directed or incidental catch by CDQ
fixed gear vessels. The amounts of
sablefish involved are expected to be
relatively small, and may be under one
percent of the annual first wholesale
value of CDQ production.
The preferred alternative (Alternative
2) was compared to four other
alternatives. These included Alternative
1, which would set TACs to generate
fishing rates equal to the maximum
permissible ABC (if the full TAC were
harvested), unless the sum of TACs
would exceed the BSAI OY, in which
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case TACs would be limited to the OY.
Alternative 3 would set TACs to
produce fishing rates equal to the most
recent five-year average fishing rates.
Alternative 4 would set TACs to equal
the lower bound of the BSAI OY range.
Alternative 5 would set TACs equal to
zero. Alternative 5 is the ‘‘no action’’
alternative.
Alternatives 3, 4, and 5 were all
associated with smaller levels for
important fishery TACs than the
preferred alternative. Estimated total
first wholesale gross revenues were used
as an index of potential adverse impacts
to small entities. As a consequence of
the lower TAC levels, Alternatives 3, 4
VerDate Aug<31>2005
16:16 Dec 14, 2006
Jkt 211001
and 5 all had smaller values of these
first wholesale revenue indices for both
non-CDQ and CDQ sectors than
Alternative 2. Thus, Alternatives 3, 4
and 5 had greater adverse impacts on
small entities. Alternative 1 could have
higher TAC levels than Alternative 2, if
the sum of the Alternative 2 TACs were
less than the BSAI optimum yield (OY)
level. However, Alternative 2 is
expected to be associated with TACs
that are equal to the statutory OY.
Therefore, Alternative 1 and Alternative
2 TACs are assumed to be equal to each
other, and Alternative 1 is not expected
to have greater net benefits than
Alternative 2 in this instance.
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This action does not modify
recordkeeping or reporting
requirements, or duplicate, overlap, or
conflict with any Federal rules.
Adverse impacts on marine mammals
resulting from fishing activities
conducted under these harvest
specifications are discussed in the DEIS
(see ADDRESSES).
Authority: 16 U.S.C. 773 et seq.; 1540(f);
1801 et seq.; 1851 note; and 3631 et seq.
Dated: December 5, 2006.
William T. Hogarth,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. E6–21447 Filed 12–14–06; 8:45 am]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 71, Number 241 (Friday, December 15, 2006)]
[Proposed Rules]
[Pages 75460-75474]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21447]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 061130318-6318-01; I.D. 112706A]
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands; 2007 and 2008 Proposed Harvest Specifications for
Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes 2007 and 2008 harvest specifications and
prohibited species catch (PSC) allowances for the groundfish fishery of
the Bering Sea and Aleutian Islands management area (BSAI). This action
is necessary to establish harvest limits for groundfish during the 2007
and 2008 fishing years and to accomplish the goals and objectives of
the Fishery Management Plan for Groundfish of the Bering Sea and
Aleutian Islands Management Area (FMP). The intended effect of this
action is to conserve and manage the groundfish resources in the BSAI
in accordance with the Magnuson-Stevens Fishery Conservation and
Management Act (MSA).
DATES: Comments must be received by January 16, 2007.
ADDRESSES: Send comments to Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
Attn: Ellen Walsh. Comments may be submitted by:
Mail to P.O. Box 21668, Juneau, AK 99802;
Hand delivery to the Federal Building, 709 West 9th
Street, Room 420A, Juneau, AK;
E-mail to 2007tacspecs@noaa.gov and include in the subject
line the document identifier: 2007 Proposed Specifications (E-mail
comments, with or without attachments, are limited to 5 megabytes);
Fax to 907-586-7557; or
Webform at the Federal eRulemaking Portal: https://
www.regulations.gov. Follow the instructions at that site for
submitting comments.
Copies of the Draft Environmental Impact Statement (DEIS) and the
Initial Regulatory Flexibility Analysis (IRFA) prepared for this action
are available from NMFS at the mailing addresses above or from the
Alaska Region website at https://www.fakr.noaa.gov. Copies of the final
2005 Stock Assessment and Fishery Evaluation (SAFE) report for the
groundfish resources of the BSAI, dated November 2005, are available
from the North Pacific Fishery Management Council (Council), West 4th
Avenue, Suite 306, Anchorage, AK 99510-2252, 907-271-2809, or from its
website at https://www.fakr.noaa.gov/npfmc.
FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228, or e-mail
at mary.furuness@noaa.gov.
SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR part 679
implement the FMP and govern the groundfish fisheries in the BSAI. The
Council prepared the FMP and NMFS approved it under the MSA. General
regulations governing U.S. fisheries also appear at 50 CFR part 600.
The FMP and its implementing regulations require NMFS, after
consultation with the Council, to specify annually the total allowable
catch (TAC) for each target species and the ``other species'' category,
the sum of which must be within the optimum yield range of 1.4 million
to 2.0 million metric tons (mt) (see Sec. 679.20(a)(1)(i)).
Regulations at Sec. 679.20(c)(1) further require NMFS to publish
proposed harvest specifications in the Federal Register and solicit
public comment on proposed annual TACs and apportionments thereof, PSC
allowances and prohibited species quota (PSQ) reserves established by
Sec. 679.21, seasonal allowances of pollock, Pacific cod, and Atka
mackerel TAC, and Community Development Quota (CDQ) reserve amounts
established by Sec. 679.20(b)(1)(iii). The proposed harvest
specifications set forth in Tables 1 through 11 of this action satisfy
these requirements.
Under Sec. 679.20(c)(3), NMFS will publish the final harvest
specifications for 2007 and 2008 after (1) considering comments
received within the comment period (see DATES), (2) consulting with the
Council at its December 2006 meeting, and (3) considering new
information presented in the DEIS and the final 2006 SAFE reports
prepared for the 2007 and 2008 groundfish fisheries.
Other Actions Potentially Affecting the 2007 and 2008 Harvest
Specifications
The following paragraphs identify actions that are currently under
consideration by the Council and that, if submitted to and approved by
the Secretary of Commerce (Secretary), could change the 2007 and 2008
final harvest specifications. The existing 2007 harvest specifications
will be updated in early 2007 when final harvest specifications for
2007 and new harvest specifications for 2008 are implemented.
In April 2006, the Council adopted Amendment 85 to the FMP.
Amendment 85 would revise the BSAI Pacific cod sector allocations. If
approved by the Secretary, final regulations implementing Amendment 85
are anticipated to be effective for the 2008 fishing year. In June
2006, the Council adopted Amendment 80 to the FMP. Amendment 80 would
provide specific groundfish allocations to the non-American Fisheries
Act (AFA) trawl catcher/processor sector and allow the formation of
cooperatives. If approved by the Secretary, final regulations
implementing Amendment 80 also are anticipated to be effective for the
2008 fishing year. The Council also adopted Amendment 84 that would
modify current regulations for managing incidental catch of Chinook and
chum salmon and may change the PSC limits. The Council also is
considering two proposals. One would allocate the Pacific cod TAC by
Bering Sea subarea and Aleutian Islands (AI) subarea instead of a
combined BSAI TAC. The other would separate some species from the
``other rockfish'' or ``other species'' categories so individual
overfishing levels (OFLs), acceptable biological catch (ABCs), and TACs
may be established.
[[Page 75461]]
Proposed ABC and TAC Harvest Specifications
The proposed ABC levels are based on the best available biological
information, including projected biomass trends, information on assumed
distribution of stock biomass, and revised technical methods used to
calculate stock biomass. In general, the development of ABCs and OFLs
involves sophisticated statistical analyses of fish populations and is
based on a successive series of six levels, or tiers, of reliable
information available to fishery scientists. Tier one represents the
highest level of data quality available while tier six represents the
lowest level of data quality available.
Appendix A to the final SAFE report for the 2005 BSAI groundfish
fisheries dated November 2005 (see ADDRESSES) sets forth the best
information currently available. Information on the status of stocks
will be updated, including the 2006 survey results, and considered by
the Plan Team in November 2006 for the 2006 SAFE report. The 2007 and
2008 final harvest specifications will be based on the 2006 SAFE
report.
In October 2006, the Scientific and Statistical Committee (SSC),
Advisory Panel, and the Council reviewed the Plan Team's preliminary
projections as the basis for the 2007 and 2008 proposed ABC, OFL, and
TAC amounts. The SSC concurred with the Plan Team's recommendations.
For stocks in tiers 1-3, the Plan Team used 2006 estimated fishing
mortality rates in stock projection models to estimate OFLs and ABCs
for 2007. For Bering Sea pollock, the projection model used a tier 3
model, but the projection used in December 2005 (as recommended by the
SSC) used a tier 1 model. The SSC recommended that in the future
projections should use the same approach that is approved by the
Council in December of the previous year. The public should be aware
that a tier 1 projection model may be used in December 2006 for Bering
Sea pollock for ABC and OFL amounts. The Plan Team estimated 2007 TACs
based on ABC constraints and past Council actions. The Plan Team
estimated 2007 TACs were treated as the projected 2007 fishing
mortality rates to derive estimates of OFLs and ABCs for 2008. For
stocks in tiers 4-6, for which there are no population projection
models, the Plan Team used the OFL and ABC amounts from 2006 for 2007
and 2008.
The Council adopted the OFL and ABC amounts recommended by the SSC
(Table 1). The Council recommended that all the 2007 proposed TAC
amounts be set equal to the ABC amounts except for reduced TAC amounts
for AI subarea and Bogoslof pollock, Pacific cod, Alaska plaice,
arrowtooth flounder, rock sole, flathead sole, ``other flatfish,''
northern rockfish, Atka mackerel, squid, and ``other species.'' The
Council recommended that all the 2008 proposed TAC amounts be set equal
to the ABC amounts except for TAC decreases for AI subarea and Bogoslof
pollock, Pacific cod, sablefish, Alaska plaice, northern rockfish, and
``other species.'' As in previous years, the Plan Team, Advisory Panel,
SSC, and Council recommended that total removals of Pacific cod from
the BSAI not exceed ABC recommendations. Accordingly, the Council
recommended that the 2007 and 2008 Pacific cod TACs be adjusted
downward from the ABCs by amounts equal to 3 percent of the ABC. This
adjustment is necessary to account for the guideline harvest level
(GHL) established for Pacific cod by the State of Alaska (State) for a
State-managed fishery that occurs in State waters in the AI subarea.
Finally, the Council recommended using the 2006 and 2007 PSC allowances
for the 2007 and 2008 proposed PSC allowances. The Council will
reconsider the OFL, ABC, TAC, and PSC amounts in December 2006 after
the Plan Team incorporates new status of groundfish stocks information
into a final 2006 SAFE report for the 2007 and 2008 BSAI groundfish
fishery. None of the Council's recommended proposed TACs for 2007 or
2008 exceeds the recommended 2007 or 2008 proposed ABC for any species
category. NMFS finds the Council's recommended 2007 and 2008 proposed
OFL, ABC, and TAC amounts consistent with the best available
information on the biological condition of the groundfish stocks.
On July 11, 2006, the President signed the Coast Guard and Maritime
Transportation Act of 2006 (Coast Guard Act). Section 416(a) of the
Coast Guard Act revises section 305(i)(1) of the MSA (16 U.S.C.
1855(i)(1)) by replacing all of the existing language in this section
with new language. New section 305(i)(1)(B)(i) of the MSA addresses
allocations to the CDQ Program. It requires that ``the annual
percentage of the total allowable catch, guideline harvest level, or
other annual catch limit allocated to the program in each directed
fishery of the Bering Sea and Aleutian Islands shall be the percentage
approved by the Secretary, or established by Federal law, as of March
1, 2006, for the program.''
Prior to these amendments, section 305(i)(1)(A) of the MSA stated
that ``a percentage of the total allowable catch of any Bering Sea
fishery is allocated to the program.'' Since 1998, NMFS has allocated
to the CDQ Program a percentage of each groundfish TAC category, except
squid. The allocation of squid to the CDQ Program was discontinued in
2001 under Amendment 66 to the FMP (45 FR 13672, March 7, 2001).
As a result of the changes to section 305(i)(1), the MSA requires
apportionments to the CDQ reserves of those directed fishery TAC
categories for which a percentage was approved by the Secretary or
established by Federal law as of March 1, 2006. In 2006, the only TAC
category for which a percentage was not approved or established for the
CDQ Program was squid. Therefore, squid would continue to not be
allocated to the CDQ Program. For the TAC categories other than squid,
those that did not have a directed fishery in the BSAI in 2006 were
Bogoslof pollock, trawl sablefish, Bering Sea Pacific ocean perch,
northern rockfish, shortraker rockfish, rougheye rockfish, ``other
rockfish,'' and ``other species.'' Therefore, based on NMFS'
interpretation of the MSA, apportionments from these TAC categories to
the CDQ Program will no longer be made. Catch in the CDQ fisheries of
species in TAC categories that are not allocated to the CDQ Program
will be managed under the regulations and fishery status that applies
to the TAC category in the non-CDQ groundfish fisheries. Retention of
species closed to directed fishing would either be limited to maximum
retainable amounts or all catch of the species would be required to be
discarded. Notices of closures to directed fishing and retention
requirements for these species would apply to the CDQ and non-CDQ
sectors. The catch of these species in the CDQ fisheries would not
constrain the catch of other CDQ species unless catch by all sectors
approached an OFL.
Table 1 lists the 2007 and 2008 proposed OFL, ABC, TAC, initial TAC
(ITAC), and CDQ amounts for groundfish in the BSAI. The proposed
apportionment of TAC amounts among fisheries and seasons is discussed
below.
[[Page 75462]]
TABLE 1 - 2007 AND 2008 PROPOSED OVERFISHING LEVEL (OFL), ACCEPTABLE BIOLOGICAL CATCH (ABC), TOTAL ALLOWABLE CATCH (TAC), INITIAL TAC (ITAC), AND CDQ RESERVE ALLOCATION OF GROUNDFISH IN THE
BSAI\1\
[Amounts are in metric tons]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2007 2008
Species Area ---------------------------------------------------------------------------------------------------------------------------------------------------
OFL ABC TAC ITAC\2\ CDQ\3\ OFL ABC TAC ITAC\2\ CDQ\3\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock\4\ BS\2\ 1,707,000 1,419,800 1,419,800 1,277,820 141,980 1,418,100 1,168,700 1,168,700 1,051,830 116,870
AI\2\ 39,100 29,400 19,000 17,100 1,900 39,100 29,400 19,000 17,100 1,900
Bogoslof 50,600 5,500 10 10 0 50,600 5,500 10 10 0
Pacific cod BSAI 176,100 148,500 144,045 122,438 10,803 144,900 121,700 118,049 100,342 8,854
Sablefish\5\ BS 3,080 2,580 2,580 1,097 258 2,680 2,240 2,240 952 n/a
AI 3,120 2,620 2,620 557 393 2,720 2,260 2,260 480 n/a
Atka mackerel BSAI 107,300 90,900 63,000 53,550 4,725 75,200 65,100 65,100 55,335 4,883
WAI n/a 34,182 16,782 14,265 1,259 n/a 24,481 24,481 20,809 1,836
CAI n/a 38,718 38,718 32,910 2,904 n/a 27,728 27,728 23,569 2,080
EAI/BS n/a 18,000 7,500 6,375 563 n/a 12,891 12,891 10,957 967
Yellowfin sole BSAI 138,900 117,100 117,100 99,535 8,783 126,200 106,400 106,400 90,440 7,980
Rock sole BSAI 146,000 122,500 85,736 72,876 6,430 133,100 111,600 111,600 94,860 8,370
Greenland turbot BSAI 18,300 2,630 2,630 2,236 197 17,500 2,630 2,630 2,236 197
BS n/a 1,815 1,815 1,543 136 n/a 1,815 1,815 1,543 136
AI n/a 815 815 693 61 n/a 815 815 693 61
Arrowtooth flounder BSAI 172,200 140,500 20,000 17,000 1,500 177,400 144,800 144,800 123,080 10,860
Flathead sole BSAI 67,100 55,900 22,000 18,700 1,650 62,700 52,200 52,200 44,370 3,915
Other flatfish\6\ BSAI 24,200 18,100 5,000 4,250 375 24,200 18,100 18,100 15,385 1,358
Alaska plaice BSAI 227,100 180,200 32,000 27,200 2,400 218,400 173,200 129,637 110,191 9,723
Pacific ocean perch BSAI 17,900 15,100 15,100 12,835 n/a 17,900 15,100 15,100 12,835 n/a
BS n/a 3,020 3,020 2,567 0 n/a 3,020 3,020 2,567 0
WAI n/a 5,481 5,481 4,659 411 n/a 5,481 5,481 4,659 411
CAI n/a 3,277 3,277 2,785 246 n/a 3,277 3,277 2,785 246
EAI n/a 3,322 3,322 2,824 249 n/a 3,322 3,322 2,824 249
Northern rockfish BSAI 10,100 8,500 5,000 4,250 0 10,000 8,500 5,000 4,250 0
Shortraker rockfish BSAI 774 580 580 493 0 774 580 580 493 0
Rougheye rockfish BSAI 299 224 224 190 0 299 224 224 190 0
Other rockfish\7\ BS 1,122 810 810 689 0 1,122 810 810 689 0
AI 748 590 590 502 0 748 590 590 502 0
Squid BSAI 2,620 1,970 1,275 1,084 0 2,620 1,970 1,970 1,675 0
Other species\8\ BSAI 89,404 62,950 40,900 34,765 0 89,404 62,950 35,000 29,750 0
-------------------------------------------------------------------------------------------------------------------------------------------------------
TOTAL 3,003,067 2,426,954 2,000,000 1,769,177 182,301 2,615,667 2,094,554 2,000,000 1,756,995 175,816
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these harvest specifications, the Bering Sea (BS)
subarea includes the Bogoslof District.
\2\ Except for pollock and the portion of the sablefish TAC allocated to hook-and-line gear, 15 percent of each TAC is placed in a reserve. The ITAC for each species is the remainder of the
TAC after the subtraction of these reserves.
\3\ Except for Bering Sea Pacific ocean perch, northern rockfish, shortraker rockfish, rougheye rockfish, ''other rockfish,'' squid, ''other species,'' and the trawl gear allocation of
sablefish one half of the amount of the TACs placed in reserve, or 7.5 percent of the TACs, is designated as a CDQ reserve for use by CDQ participants (see Sec. Sec. 679.20(b)(1)(iii) and
679.31).
\4\ Under Sec. 679.20(a)(5)(i)(A)(1), the annual Bering Sea subarea pollock TAC after subtraction for the CDQ directed fishing allowance (10 percent) and the incidental catch allowance (3.35
percent), is further allocated by sector for a directed pollock fishery as follows: inshore - 50 percent; catcher/processor - 40 percent; and motherships - 10 percent. Under Sec.
679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual Aleutian Islands subarea pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second for the
incidental catch allowance (1,600 mt), is allocated to the Aleut Corporation for a directed pollock fishery.
\5\ The ITAC for sablefish reflected in Table 1 is for trawl gear only. Regulations at Sec. 679.20(b)(1) do not provide for the establishment of an ITAC for the hook-and-line and pot gear
allocation for sablefish. Twenty percent of the sablefish TAC allocated to hook-and-line gear or pot gear is reserved for use by CDQ participants (see Sec. 679.20(b)(1)(iii)(B)).
\6\ ''Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), flathead sole, Greenland turbot, rock sole, yellowfin sole, arrowtooth flounder, and Alaska
plaice.
\7\ ''Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, northern, shortraker, and rougheye rockfish.
\8\ ''Other species'' includes sculpins, sharks, skates and octopus. Forage fish, as defined at Sec. 679.2, are not included in the ''other species''category.
[[Page 75463]]
Reserves and the Incidental Catch Allowance (ICA) for Pollock
Section 679.20(b)(1)(i) of the CFR requires placement of 15 percent
of the TAC for each target species or species group, except for pollock
and the hook-and-line and pot gear allocation of sablefish, in a non-
specified reserve. Section 679.20(b)(1)(iii)(A) of the CFR and section
305(i)(1)(B)(i) of the MSA further requires the allocation of one half
of each TAC amount that is placed in the non-specified reserve (7.5
percent) be allocated to the groundfish CDQ reserve, with the exception
of Bogoslof pollock, Bering Sea Pacific ocean perch, northern rockfish,
shortraker rockfish, rougheye rockfish, ``other rockfish,'' squid,
``other species,'' and the trawl gear allocation of sablefish, as
explained above. Section 679.20(b)(1)(iii)(B) requires 20 percent of
the hook-and-line and pot gear allocation of sablefish be allocated to
the fixed gear sablefish CDQ reserve. Sections 679.20(a)(5)(i)(A),
679.20(a)(5)(iii)(B)(2)(i), and 679.31(a) also require the allocation
of 10 percent of the BSAI pollock TACs to the pollock CDQ directed
fishing allowance. The entire Bogoslof District pollock TAC is
allocated as an ICA (see Sec. 679.20(a)(5)(ii)). With the exception of
the hook-and-line and pot gear sablefish CDQ reserve, the regulations
do not further apportion the CDQ reserves by gear. Section
679.21(e)(1)(i) requires withholding of 7.5 percent of each PSC limit,
with the exception of herring, as a PSQ reserve for the CDQ fisheries.
Sections 679.30 and 679.31 set forth the regulations governing the
management of the CDQ and PSQ reserves.
Pursuant to Sec. 679.20(a)(5)(i)(A)(1), NMFS proposes a pollock
ICA of 3.35 percent of the Bering Sea pollock TAC after subtraction of
the 10 percent CDQ reserve. This allowance is based on NMFS'
examination of the pollock incidental catch, including the incidental
catch by CDQ vessels, in target fisheries other than pollock from 1999
through 2005. During this 7-year period, the incidental catch of
pollock ranged from a low of 2.7 percent in 2003 to a high of 5 percent
in 1999, with a 7-year average of 3.5 percent. Because these incidental
percentages are contingent on the relative amounts of other groundfish
TACs, NMFS will be better able to assess the ICA amount when the
Council makes final ABC and TAC amount recommendations in December.
Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS proposes a
pollock ICA of 1,600 mt for the AI subarea pollock after subtraction of
the 10 percent CDQ directed fishing allowance. This allowance is based
on NMFS' examination of the pollock incidental catch, including the
incidental catch by CDQ vessels, in target fisheries other than pollock
from 2003 through 2005. During this 3-year period, the incidental catch
of pollock ranged from a low of 8 percent in 2005 to a high of 10
percent in 2003, with a 3-year average of 8 percent.
The regulations do not designate the remainder of the non-specified
reserve by species or species group, and any amount of the reserve may
be reapportioned to a target species or the ``other species'' category
during the year, providing that such reapportionments do not result in
overfishing (see Sec. 679.20(b)(1)(ii)).
Allocations of Pollock TAC Under the AFA
Section 679.20(a)(5)(i)(A) requires that the pollock TAC
apportioned to the Bering Sea subarea, after subtraction of 10 percent
for the CDQ program and 3.35 percent for the ICA, be allocated as a
directed fishing allowance (DFA) as follows: 50 percent to the inshore
sector, 40 percent to the catcher/processor sector, and 10 percent to
the mothership sector. In the Bering Sea subarea, 40 percent of the DFA
is allocated to the A season (January 20-June 10) and 60 percent of the
DFA is allocated to the B season (June 10-November 1). In October 2006,
the State's Board of Fish adopted a proposal for a 3,000 mt pollock
fishery in State waters of the AI subarea. However, this action by the
State does not require a downward adjustment of the federal AI subarea
pollock TAC because the combined TAC and GHL (22,000 mt) are less than
the proposed ABC of 29,400 mt. The AI directed pollock fishery
allocation to the Aleut Corporation is the amount of pollock remaining
in the AI subarea after subtracting 1,900 mt for the CDQ DFA (10
percent) and 1,600 mt for the ICA. In the AI subarea, 40 percent of the
ABC is allocated to the A season and the remainder of the directed
pollock fishery is allocated to the B season. Table 2 lists these 2007
and 2008 proposed amounts.
Section 679.20(a)(5)(i)(A)(4) also includes several specific
requirements regarding pollock allocations. First, 8.5 percent of the
pollock allocated to the catcher/processor sector will be available for
harvest by AFA catcher vessels with catcher/processor sector
endorsements, unless the Regional Administrator receives a cooperative
contract that provides for the distribution of harvest among AFA
catcher/processors and AFA catcher vessels in a manner agreed to by all
members. Second, AFA catcher/processors not listed in the AFA are
limited to harvesting not more than 0.5 percent of the pollock
allocated to the catcher/processor sector. Table 2 lists the 2007 and
2008 proposed allocations of pollock TAC. Tables 8 through 11 list the
AFA catcher/processor and catcher vessel harvesting sideboard limits.
In past years, the proposed harvest specifications included text and
tables describing pollock allocations to the Bering Sea subarea inshore
pollock cooperatives and open access sector. These allocations are
based on the submission of AFA inshore cooperative applications due to
NMFS on December 1 of each calendar year. Because AFA inshore
cooperative applications for 2007 have not been submitted to NMFS,
thereby preventing NMFS from calculating 2007 allocations, NMFS has not
included inshore cooperative text and tables in these proposed harvest
specifications. NMFS will post AFA inshore cooperative allocations on
the Alaska Region website at https://www.fakr.noaa.gov when they become
available in December 2006.
Table 2 also lists proposed seasonal apportionments of pollock and
harvest limits within the Steller Sea Lion Conservation Area (SCA). The
harvest of pollock within the SCA, as defined at Sec.
679.22(a)(7)(vii), is limited to 28 percent of the DFA until April 1.
The remaining 12 percent of the 40 percent of the annual DFA allocated
to the A season may be taken outside the SCA before April 1 or inside
the SCA after April 1. If less than 28 percent of the annual DFA is
taken inside the SCA before April 1, the remainder will be available to
be taken inside the SCA after April 1. The A season pollock SCA harvest
limit will be apportioned to each sector in proportion to each sector's
allocated percentage of the DFA. Table 2 lists by sector these 2007 and
2008 proposed amounts.
[[Page 75464]]
TABLE 2 - 2007 AND 2008 PROPOSED ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ DIRECTED FISHING ALLOWANCES (DFA)\1\
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2007 A season\1\ 2007 B 2008 A season\1\ 2008 B
2007 ---------------------------- season\1\ ---------------------------- season
Area and sector allocations SCA harvest --------------- 2008 allocations SCA harvest -------------
A season DFA limit\2\ B season DFA A season DFA limit\2\ B season DFA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea subarea 1,419,800 n/a n/a n/a 1,168,700 n/a n/a n/a
CDQ DFA 141,980 56,792 39,754 85,188 116,870 46,748 32,724 70,122
ICA\1\ 44,724 n/a n/a n/a 36,814 n/a n/a n/a
AFA Inshore 616,548 246,619 172,633 369,929 507,508 203,003 142,102 304,505
AFA Catcher/Processors\3\ 493,239 197,295 138,107 295,943 406,006 162,403 113,682 243,604
Catch by C/Ps 451,313 180,525 n/a 270,788 371,496 148,598 n/a 222,898
Catch by CVs\3\ 41,925 16,770 n/a 25,155 34,511 13,804 n/a 20,706
Unlisted C/P Limit\4\ 2,466 986 n/a 1,480 2,030 812 n/a 1,218
AFA Motherships 123,310 49,324 34,527 73,986 101,502 40,601 28,420 60,901
Excessive Harvesting Limit\5\ 215,792 n/a n/a n/a 177,628 n/a n/a n/a
Excessive Processing Limit\6\ 369,929 n/a n/a n/a 304,505 n/a n/a n/a
Total Bering Sea DFA 1,419,800 550,031 385,021 825,046 1,168,700 452,754 316,928 679,132
--------------------------------------------------------------------------------------------------------------------------------------------------------
Aleutian Islands subarea\1\ 19,000 n/a n/a n/a 19,000 n/a n/a n/a
CDQ DFA 1,900 760 n/a 1,140 1,900 760 n/a 1,140
ICA 1,600 800 n/a 800 1,600 800 n/a 800
Aleut Corporation 15,500 10,200 n/a 5,300 15,300 10,500 n/a 5,300
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bogoslof District ICA\7\ 10 n/a n/a n/a 11 n/a n/a n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the annual Bering Sea subarea pollock TAC, after subtraction for the CDQ DFA (10 percent) and the ICA (3.35
percent), is allocated as a DFA as follows: inshore component - 50 percent, catcher/processor component - 40 percent, and mothership component - 10
percent. In the Bering Sea subarea, 40 percent of the DFA is allocated to the A season (January 20 June 10) and 60 percent of the DFA is allocated to
the B season (June 10 November 1). Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock TAC, after subtracting first for the
CDQ DFA (10 percent) and second the ICA (1,600 mt), is allocated to the Aleut Corporation for a directed pollock fishery. In the AI subarea, the A
season is allocated 40 percent of the ABC and the B season is allocated the remainder of the directed pollock fishery.
\2\ In the Bering Sea subarea, no more than 28 percent of each sector's annual DFA may be taken from the SCA before April 1. The remaining 12 percent of
the annual DFA allocated to the A season may be taken outside of the SCA before April 1 or inside the SCA after April 1. If 28 percent of the annual
DFA is not taken inside the SCA before April 1, the remainder is available to be taken inside the SCA after April 1.
\3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors shall be available for harvest
only by eligible catcher vessels delivering to listed catcher/processors.
\4\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the
catcher/processors sector's allocation of pollock.
\5\ Pursuant to Sec. 679.20(a)(5)(i)(A)(6) NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the pollock DFAs
not including CDQ.
\6\ Pursuant to Sec. 679.20(a)(5)(i)(A)(7) NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the pollock DFAs
not including CDQ.
\7\ The Bogoslof District is closed by the proposed harvest specifications to directed fishing for pollock. The amounts specified are for incidental
catch only, and are not apportioned by season or sector.
Allocation of the Atka Mackerel TAC
Pursuant to Sec. 679.20(a)(8)(i), up to 2 percent of the Eastern
Aleutian District and the Bering Sea subarea Atka mackerel ITAC may be
allocated to jig gear. The amount of this allocation is determined
annually by the Council based on several criteria, including the
anticipated harvest capacity of the jig gear fleet. The Council
recommended and NMFS proposes that 1 percent of the Atka mackerel ITAC
in the Eastern Aleutian District and the Bering Sea subarea be
allocated to jig gear in 2007 and 2008. Based on the proposed 2007 ITAC
of 6,375 mt, the jig gear allocation would be 64 mt for 2007. Based on
the proposed 2008 ITAC of 10,975 mt, the jig gear allocation would be
110 mt for 2008.
Section 679.20(a)(8)(ii)(A) apportions the Atka mackerel ITAC into
two equal seasonal allowances. After subtraction of the jig gear
allocation, the first allowance is made available for directed fishing
from January 1 (January 20 for trawl gear) to April 15 (A season), and
the second seasonal allowance is made available from September 1 to
November 1 (B season; Table 3).
Pursuant to Sec. 679.20(a)(8)(ii)(C)(1), the Regional
Administrator proposes a harvest limit area (HLA) limit of no more than
60 percent of the seasonal TAC for the Western and Central Aleutian
Districts. A lottery system is used for the HLA Atka mackerel directed
fisheries to reduce the amount of daily catch in the HLA by about half
and to disperse the fishery over two districts (see Sec.
679.20(a)(8)(iii)).
[[Page 75465]]
TABLE 3 - 2007 AND 2008 PROPOSED SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, AND CDQ RESERVE OF THE BSAI ATKA
MACKEREL TAC\1\
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2007 Seasonal allowances\2\
2007 CDQ -------------------------------------------
2007 CDQ reserve 2007 A season\3\ B season\3\
Subarea and component 2007 TAC reserve HLA ITAC -------------------------------------------
limit\4\ HLA HLA
Total limit\4\ Total limit\4\
----------------------------------------------------------------------------------------------------------------
Western Aleutian District 16,782 1,259 755 14,265 7,132 4,279 7,132 4,279
Central Aleutian District 38,718 2,904 1,742 32,910 16,455 9,873 16,455 9,873
EAI/BS subarea\5\ 7,500 563 n/a 6,375 n/a n/a n/a n/a
Jig (1%)\6\ n/a n/a n/a 64 n/a n/a n/a n/a
Other gear (99%) n/a n/a n/a 6,311 3,156 n/a 3,156 n/a
----------------------------------------------------------------------------------------------------------------
Total 63,000 4,726 n/a 53,550 26,743 n/a 26,743 n/a
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
2008 Seasonal allowances\2\
2008 CDQ -------------------------------------------
2008 CDQ reserve 2008 A season\3\ B season\3\
Subarea and component 2008 TAC reserve HLA ITAC -------------------------------------------
limit\4\ HLA HLA
Total limit\4\ Total limit\4\
----------------------------------------------------------------------------------------------------------------
Western Aleutian District 24,481 1,836 1,102 20,809 10,404 6,243 10,404 6,243
Central Aleutian District 27,728 2,080 1,248 23,569 11,784 7,071 11,784 7,071
EAI/BS subarea\5\ 12,891 967 n/a 10,957 n/a n/a n/a n/a
Jig (1%)\6\ n/a n/a n/a 110 n/a n/a n/a n/a
Other gear (99%) n/a n/a n/a 10,848 5,424 n/a 5,424 n/a
----------------------------------------------------------------------------------------------------------------
Total 65,100 4,883 n/a 55,335 27,612 n/a 27,612 n/a
----------------------------------------------------------------------------------------------------------------
\1\ Regulations at Sec. Sec. 679.20(a)(8)(ii) and 679.22(a) establish temporal and spatial limitations for
the Atka mackerel fishery.
\2\ The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
\3\ The A season is January 1 (January 20 for trawl gear) to April 15 and the B season is September 1 to
November 1.
\4\ Harvest Limit Area (HLA) limit refers to the amount of each seasonal allowance that is available for fishing
inside the HLA (see Sec. 679.2). In 2007 and 2008, 60 percent of each seasonal allowance is available for
fishing inside the HLA in the Western and Central Aleutian Districts.
\5\ Eastern Aleutian District and the Bering Sea subarea.
\6\ Regulations at Sec. 679.20(a)(8)(i) require that up to 2 percent of the Eastern Aleutian District and the
Bering Sea subarea ITAC be allocated to jig gear. The proposed amount of this allocation is 1 percent. The jig
gear allocation is not apportioned by season.
Allocation of the Pacific Cod TAC
Pursuant to Sec. 679.20(a)(7)(i)(A), 2 percent of the Pacific cod
ITAC is allocated to vessels using jig gear, 51 percent to vessels
using hook-and-line or pot gear, and 47 percent to vessels using trawl
gear. Section 679.20(a)(7)(i)(B) further allocates the portion of the
Pacific cod ITAC allocated to trawl gear as 50 percent to catcher
vessels and 50 percent to catcher/processors. Section
679.20(a)(7)(i)(C)(1) sets aside a portion of the Pacific cod ITAC
allocated to hook-and-line or pot gear as an ICA of Pacific cod in
directed fisheries for groundfish using these gear types. The Regional
Administrator proposes an ICA of 500 mt for 2007 and 2008 based on
anticipated incidental catch in these fisheries. The remainder of the
Pacific cod ITAC is further allocated to vessels using hook-and-line or
pot gear as the following DFAs: 80 percent to hook-and-line catcher/
processors, 0.3 percent to hook-and-line catcher vessels, 3.3 percent
to pot catcher/processors, 15 percent to pot catcher vessels, and 1.4
percent to catcher vessels under 60 feet (18.3 m) length overall (LOA)
using hook-and-line or pot gear.
Due to concerns about the potential impact of the Pacific cod
fishery on Steller sea lions and their critical habitat, the Pacific
cod ITAC is apportioned into seasonal allowances to disperse the
Pacific cod fisheries over the fishing year (see Sec. Sec.
679.20(a)(7)(iii)(A) and 679.23(e)(5)). For pot and most hook-and-line
gear, the first seasonal allowance of 60 percent of the ITAC is made
available for directed fishing from January 1 to June 10, and the
second seasonal allowance of 40 percent of the ITAC is made available
from June 10 (September 1 for pot gear) to December 31. No seasonal
harvest constraints are imposed on the Pacific cod fishery by catcher
vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear.
For trawl gear, the first season is January 20 to April 1 and is
allocated 60 percent of the ITAC. The second season, April 1 to June
10, and the third season, June 10 to November 1, are each allocated 20
percent of the ITAC. The trawl catcher vessel allocation is further
allocated as 70 percent in the first season, 10 percent in the second
season, and 20 percent in the third season. The trawl catcher/processor
allocation is allocated 50 percent in the first season, 30 percent in
the second season, and 20 percent in the third season. For jig gear,
the first and third seasonal allowances are each allocated 40 percent
of the ITAC and the second seasonal allowance is allocated 20 percent
of the ITAC. Table 4 lists the 2007 and 2008 proposed allocations and
seasonal apportionments of the Pacific cod ITAC. In accordance with
Sec. 679.20(a)(7)(ii)(D) and (a)(7)(iii)(B), any unused portion of a
seasonal Pacific cod allowance will become available at the beginning
of the next seasonal allowance.
[[Page 75466]]
TABLE 4 - 2007 AND 2008 PROPOSED GEAR SHARES AND SEASONAL ALLOWANCES OF THE BSAI PACIFIC COD ITAC
[Amounts are in metric tons]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2007 Seasonal 2008 2008 Seasonal
2007 Share of 2007 Subtotal 2007 Share apportionment\1\ 2008 Share Subtotal 2008 Share apportionment\1\
Gear sector Percent gear sector percentages of gear ------------------------------- of gear percentages of gear ------------------------------
total for gear sector total sector total for gear sector total
sectors Date Amount sectors Date Amount
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total hook-and-line/pot gear 51 73,463 n/a n/a n/a n/a 60,205 n/a n/a n/a n/a
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hook-and-line/pot ICA n/a n/a n/a 500 n/a n/a n/a n/a 500 n/a n/a
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hook-and-line/pot sub-total n/a 72,963 n/a n/a n/a n/a 59,705 n/a n/a n/a n/a
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hook-and-line C/P n/a n/a 80 58,370 Jan 1-Jun 10 35,022 n/a 80 47,764 Jan 1-Jun 10 28,658
Jun 10-Dec 31 23,348 Jun 10-Dec 31 19,106
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Hook-and-line CV n/a n/a 0.3 219 Jan 1-Jun 10 131 n/a 0.3 179 Jan 1-Jun 10 107
Jun 10-Dec 31 88 Jun 10-Dec 31 72
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Pot C/P n/a n/a 3.3 2,408 Jan 1-Jun 10 1,445 n/a 3.3 1,970 Jan 1-Jun 10 1,182
Sept 1-Dec 31 963 Sept 1-Dec 31 788
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Pot CV n/a n/a 15 10,944 Jan 1-Jun 10 6,567 n/a 15 8,956 Jan 1-Jun 10 5,373
Sept 1-Dec 31 4,377 Sept 1-Dec 31 3,582
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CV < 60 feet LOA using Hook- n/a n/a 1.4 1,021 n/a n/a n/a 1.4 836 n/a n/a
and-line or Pot gear
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total Trawl Gear 47 67,701 n/a n/a n/a n/a 55,483 n/a n/a n/a n/a
Trawl CV ............. ............. 50 33,851 Jan 20-Apr 1 23,695 ............ 50 27,742 Jan 20-Apr 19,419
Apr 1-Jun 10 3,385 1Apr 1-Jun 10 2,774
Jun 10-Nov 1 6,771 Jun 10-Nov 1 5,549
Trawl CP ............. ............. 50 33,851 Jan 20-Apr 1 16,925 ............ 50 27,742 Jan 20-Apr 1 13,871
Apr 1- Jun 10 10,155 Apr 1- Jun 10 8,322
Jun 10-Nov 1 6,771 Jun 10-Nov 1 5,549
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Jig 2 2,881 n/a n/a Jan 1-Apr 30 1,153 2,361 n/a n/a Jan 1-Apr 30 945
Apr 30-Aug 31 576 Apr 30-Aug 31 472
Aug 31-Dec 31 1,152 Aug 31-Dec 31 944
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total 100 144,045 n/a n/a n/a n/a 118,049 n/a n/a n/a n/a
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For most non-trawl gear the first season is allocated 60 percent of the ITAC and the second season is allocated 40 percent of the ITAC. For jig gear, the first and third seasons are each
allocated 40 percent of the ITAC and the second season is allocated 20 percent of the ITAC. No seasonal harvest constraints are imposed for the Pacific cod fishery by catcher vessels less
than 60 feet (18.3 m) LOA using hook-and-line or pot gear. For trawl gear, the first season is allocated 60 percent of the ITAC and the second and third seasons are each allocated 20 percent
of the ITAC. The trawl catcher vessels' allocation is further allocated as 70 percent in the first season, 10 percent in the second season and 20 percent in the third season. The trawl
catcher/processors' allocation is allocated 50 percent in the first season, 30 percent in the second season and 20 percent in the third season. Any unused portion of a seasonal Pacific cod
allowance will be reapportioned to the next seasonal allowance.
[[Page 75467]]
Sablefish Gear Allocation
Sections 679.20(a)(4)(iii) and (iv) require the allocation of
sablefish TACs for the Bering Sea and AI subareas between trawl gear
and hook-and-line or pot gear. Gear allocations of the TACs for the
Bering Sea subarea are 50 percent for trawl gear and 50 percent for
hook-and-line or pot gear and for the AI subarea are 25 percent for
trawl gear and 75 percent for hook-and-line or pot gear. Section
679.20(b)(1)(iii)(B) requires apportionment of 20 percent of the hook-
and-line and pot gear allocation of sablefish to the CDQ reserve. The
Council recommended that only trawl sablefish TAC be established
biennially. The harvest specifications for the hook-and-line gear and
pot gear sablefish Individual Fishing Quota (IFQ) fisheries will be
limited to the 2007 fishing year to ensure those fisheries are
conducted concurrent with the halibut IFQ fishery. Concurrent sablefish
and halibut IFQ fisheries would reduce the potential for discards of
halibut and sablefish in those fisheries. The sablefish IFQ fisheries
would remain closed at the beginning of each fishing year until the
final harvest specifications for the sablefish IFQ fisheries are in
effect. Table 5 lists the 2007 and 2008 proposed gear allocations of
the sablefish TAC and CDQ reserve amounts.
TABLE 5 - 2007 AND 2008 PROPOSED GEAR SHARES AND CDQ RESERVE OF BSAI SABLEFISH TACS
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
Percent of 2007 Share 2007 2007 CDQ 2008 Share 2008 CDQ
Subarea and gear TAC of TAC ITAC\1\ reserve of TAC 2008 ITAC reserve
----------------------------------------------------------------------------------------------------------------
Bering Sea .......... .......... .......... .......... .......... ......... .........
Trawl 50 1,290 1,097 0 1,120 952 0
Hook-and-line/pot gear\2\ 50 1,290 n/a 258 n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
TOTAL 100 2,580 1,097 258 2,240 952 0
----------------------------------------------------------------------------------------------------------------
Aleutian Islands .......... .......... .......... .......... .......... ......... .........
Trawl 25 655 557 0 565 480 0
Hook-and-line/pot gear\2\ 75 1,965 n/a 393 n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
TOTAL 100 2,620 557 393 2,260 480 0
----------------------------------------------------------------------------------------------------------------
\1\ Except for the sablefish hook-and-line or pot gear allocation, 15 percent of TAC is apportioned to the
reserve. The ITAC is the remainder of the TAC after the subtraction of these reserves.
\2\ For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the
allocated TAC is reserved for use by CDQ participants. Regulations in Sec. 679.20(b)(1) do not provide for
the establishment of an ITAC for sablefish allocated to hook-and-line or pot gear.
Allocation of PSC Limits for Halibut, Crab, Salmon, and Herring
Section 679.21(e) sets forth the BSAI PSC limits. Pursuant to Sec.
679.21(e)(1)(v) and (e)(2)(i) the BSAI halibut mortality limits are
3,675 mt for trawl fisheries and 900 mt for the non-trawl fisheries.
Section 679.21(e)(1)(i) allocates 7.5 percent of these halibut
mortality limits as the proposed PSQ reserve for use by the groundfish
CDQ program. Section 679.21(e)(1)(vii) specifies 29,000 fish as the
2007 and 2008 proposed Chinook salmon PSC limit for the Bering Sea
subarea pollock fishery. Section 679.21(e)(1)(i) allocates 7.5 percent,
or 2,175 Chinook salmon, as the proposed PSQ for the CDQ program and
allocates the remaining 26,825 Chinook salmon to the non-CDQ fisheries.
Section 679.21(e)(1)(ix) specifies 700 fish as the 2007 and 2008
proposed Chinook salmon PSC limit for the AI subarea pollock fishery.
Section 679.21(e)(1)(i) allocates 7.5 percent, or 53 Chinook salmon, as
the proposed AI subarea PSQ for the CDQ program and allocates the
remaining 647 Chinook salmon to the non-CDQ fisheries. Section
679.21(e)(1)(viii) specifies 42,000 fish as the 2007 and 2008 proposed
non-Chinook salmon PSC limit. Section 679.21(e)(1)(i) allocates 7.5
percent, or 3,150 non-Chinook salmon, as the proposed PSQ for the CDQ
program and allocates the remaining 38,850 non-Chinook salmon to the
non-CDQ fisheries.
PSC limits for crab and herring are specified annually based on
abundance and spawning biomass. Due to the lack of new information in
October 2006 regarding PSC limits and apportionments, the Council
recommended and NMFS proposes using the crab and herring 2006 and 2007
PSC limits and apportionments for the proposed 2007 and 2008 limits and
apportionments. The Council will reconsider these amounts in December
2006, based on recommendations by the Plan Team and the SSC.
The red king crab mature female abundance is estimated from the
2004 survey data at 35.4 million crabs and the effective spawning
biomass is estimated at 61.9 million pounds (28,077 mt). Based on the
criteria set out at Sec. 679.21(e)(1)(ii), the 2007 and 2008 proposed
PSC limit of red king crab in Zone 1 for trawl gear is 197,000 animals.
This limit results from the mature female abundance being above 8.4
million king crabs and of the effective spawning biomass estimate being
greater than 55 million pounds (24,948 mt).
Section 679.21(e)(3)(ii)(B) establishes criteria under which NMFS
must specify an annual red king crab bycatch limit for the Red King
Crab Savings Subarea (RKCSS). The regulations limit the RKCSS to up to
35 percent of the trawl bycatch allowance specified for the rock sole/
flathead sole/``other flatfish'' fishery category based on the need to
optimize the groundfish harvest relative to red king crab bycatch. The
Council recommended, and NMFS proposes, a red king crab bycatch limit
equal to 35 percent of the trawl bycatch allowance specified for the
rock sole/flathead sole/``other flatfish'' fishery category within the
RKCSS.
Based on 2004 survey data, Tanner crab (Chionoecetes bairdi)
abundance is estimated at 437.41 million crabs. Given the criteria set
out at Sec. 679.21(e)(1)(iii), the 2007 and 2008 proposed C. bairdi
crab PSC limit for trawl gear is 980,000 animals in Zone 1 and
2,970,000 animals in Zone 2. These limits result from the C. bairdi
crab abundance estimate of over 400 million crabs.
Pursuant to Sec. 679.21(e)(1)(iv), the PSC limit for snow crab (C.
opilio) is based on total abundance as indicated by the NMFS annual
bottom trawl survey. The C. opilio crab PSC limit is set at 0.1133
percent of the Bering Sea abundance index. Based on the 2004 survey
[[Page 75468]]
estimate of 4.421 billion crabs, the calculated limit is 5,008,993
animals. Pursuant to Sec. 679.21(e)(1)(iv)(A), the 2007 and 2008
proposed C. opilio crab PSC limit is 4,858,993 animals (5,008,993
animals minus 150,000 animals).
Pursuant to Sec. 679.21(e)(1)(i), 7.5 percent of each PSC limit
specified for crab is allocated as a PSQ reserve for use by the
groundfish CDQ program.
Pursuant to Sec. 679.21(e)(1)(vi), the proposed PSC limit of
Pacific herring caught while conducting any trawl operation for
groundfish in the BSAI is 1 percent of the annual eastern Bering Sea
herring biomass. The best estimate of 2006 and 2007 herring biomass is
201,180 mt. This amount was derived using 2005 survey data and an age-
structured biomass projection model developed by the Alaska Department
of Fish and Game. Therefore, the proposed herring PSC limit for 2007
and 2008 is 2,012 mt.
Section 679.21(e)(3) requires the apportionment of each trawl PSC
limit into PSC bycatch allowances for seven specified fishery
categories. Section 679.21(e)(4)(ii) authorizes the apportionment of
the non-trawl halibut PSC limit into PSC bycatch allowances for five
fishery categories. Table 6 lists the proposed fishery bycatch
allowances for the trawl and non-trawl fisheries.
Section 679.21(e)(4)(ii) authorizes the exemption of specified non-
trawl fisheries from the halibut PSC limit. As in past years, NMFS,
after consultation with the Council, proposes to exempt pot gear, jig
gear, and the sablefish IFQ hook-and-line gear fishery categories from
halibut bycatch restrictions because (1) the pot gear fisheries have
low halibut bycatch mortality, (2) halibut mortality for the jig gear
fleet is assumed to be negligible although it cannot be estimated
because these vessels do not carry observers, and (3) the sablefish and
halibut IFQ fisheries have low halibut bycatch mortality because the
IFQ program (subpart D of 50 CFR part 679) requires legal-sized halibut
to be retained by vessels using hook-and-line gear if a halibut IFQ
permit holder or a hired master is aboard and is holding unused halibut
IFQ. In 2006, total groundfish catch for the pot gear fishery in the
BSAI was approximately 19,721 mt, with an associated halibut bycatch
mortality of about 5 mt. The 2006 groundfish jig gear fishery harvested
about 84 mt of groundfish. Most vessels in the jig gear fleet are less
than 60 ft (18.3 m) LOA and are exempt from observer coverage
requirements. As a result, observer data are not available on halibut
