Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; Final 2008 and 2009 Harvest Specifications for Groundfish, 10160-10184 [E8-3512]
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10160
Federal Register / Vol. 73, No. 38 / Tuesday, February 26, 2008 / Rules and Regulations
data in a timely fashion and would
delay the opening of pollock in
Statistical Area 630 of the GOA. NMFS
was unable to publish a notice
providing time for public comment
because the most recent, relevant data
only became available as of February 20,
2008.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
Without this inseason adjustment,
NMFS could not allow the fishery for
pollock in Statistical Area 630 of the
GOA to be harvested in an expedient
manner and in accordance with the
regulatory schedule. Under
§ 679.25(c)(2), interested persons are
invited to submit written comments on
this action to the above address until
March 7, 2008.
This action is required by§ 679.20 and
§ 679.25 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 21, 2008.
Alan D. Risenhoover
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 08–851 Filed 2–21–08; 2:26 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 071106673–8011–02]
RIN 0648–XD69
Fisheries of the Exclusive Economic
Zone Off Alaska; Bering Sea and
Aleutian Islands; Final 2008 and 2009
Harvest Specifications for Groundfish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; closures.
pwalker on PROD1PC71 with RULES
AGENCY:
SUMMARY: NMFS announces final 2008
and 2009 harvest specifications and
prohibited species catch 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 2008 and 2009 fishing years
and to accomplish the goals and
objectives of the Fishery Management
Plan for Groundfish of the Bering Sea
VerDate Aug<31>2005
19:04 Feb 25, 2008
Jkt 214001
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.
DATES: The final 2008 and 2009 harvest
specifications and associated
apportionment of reserves are effective
at 1200 hrs, Alaska local time (A.l.t.),
February 26, 2008, through 2400 hrs,
A.l.t., December 31, 2009.
ADDRESSES: Copies of the Final Alaska
Groundfish Harvest Specifications
Environmental Impact Statement (EIS),
Record of Decision (ROD),
Supplementary Information Report (SIR)
to the EIS, and Final Regulatory
Flexibility Analysis (FRFA) prepared for
this action are available on the Alaska
Region Web site at https://
www.fakr.noaa.gov. Printed copies can
be obtained from the Alaska Region,
NMFS, P.O. Box 21668, Juneau, AK
99802, Attn: Ellen Sebastian. Copies of
the 2007 Stock Assessment and Fishery
Evaluation (SAFE) report for the
groundfish resources of the Bering Sea
and Aleutian Islands management area
(BSAI) dated November 2007, are
available from the North Pacific Fishery
Management Council, West 4th Avenue,
Suite 306, Anchorage, AK 99510–2252,
phone 907–271–2809, or from its Web
site at https://www.fakr.noaa.gov/npfmc.
FOR FURTHER INFORMATION CONTACT:
Mary Furuness, 907–586–7228, or email 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
North Pacific Fishery Management
Council (Council) prepared the FMP,
and NMFS approved it under the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). General
regulations governing U.S. fisheries also
appear at 50 CFR part 600.
The FMP and its implementing
regulations require NMFS, after
consultation with the Council, to
specify the total allowable catch (TAC)
for each target species and for the ‘‘other
species’’ category, and the sum must be
within the optimum yield (OY) range of
1.4 million to 2.0 million metric tons
(mt) (see 50 CFR ( 679.20(a)(1)(i)). NMFs
also must specify apportionments of
TACs, Community Development Quota
(CDQ) reserve amounts, prohibited
species catch (PSC) allowances, and
prohibited species quota (PSQ) reserve
amounts. The final harvest
specifications listed in Tables 1 through
16 of this action satisfy these
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
requirements. The sum of TACs for 2008
is 1,838,345 mt and for 2009 is
1,814,204 mt.
Section 679.20(c)(3) further requires
NMFS to consider public comment on
the proposed annual TACs and
apportionments thereof and the
proposed PSC allowances, and to
publish final harvest specifications in
the Federal Register. The proposed
2008 and 2009 harvest specifications
and PSC allowances for the groundfish
fishery of the BSAI were published in
the Federal Register on December 6,
2007 (72 FR 68833). Comments were
invited and accepted through January 7,
2008. NMFS received two letters with
several comments on the proposed
harvest specifications. These comments
are summarized and responded to in the
Response to Comments section of this
rule. NMFS consulted with the Council
on the final 2008 and 2009 harvest
specifications during the December
2007 Council meeting in Anchorage,
AK. After considering public comments,
as well as biological and economic data
that were available at the Council’s
December meeting, NMFS is
implementing the final 2008 and 2009
harvest specifications as recommended
by the Council.
Acceptable Biological Catch (ABC) and
TAC Harvest Specifications
The final ABC levels are based on the
best available biological and
socioeconomic 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
overfishing levels (OFLs) involves
sophisticated statistical analyses of fish
populations and is based on a
successive series of six levels, or tiers,
of the reliability of the information
available to fishery scientists. Tier 1
represents the highest level of data
quality available and tier 6 the lowest.
In December 2007, the Scientific and
Statistical Committee (SSC), Advisory
Panel (AP), and Council reviewed
current biological information about the
condition of the BSAI groundfish stocks.
The Council’s Plan Team compiled and
presented this information in the 2007
SAFE report for the BSAI groundfish
fisheries, dated November 2007. The
SAFE report contains a review of the
latest scientific analyses and estimates
of each species’ biomass and other
biological parameters, as well as
summaries of the available information
on the BSAI ecosystem and the
economic condition of groundfish
fisheries off Alaska. The SAFE report is
available for public review (see
E:\FR\FM\26FER1.SGM
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Federal Register / Vol. 73, No. 38 / Tuesday, February 26, 2008 / Rules and Regulations
ADDRESSES).
From these data and
analyses, the Plan Team estimates an
OFL and ABC for each species or
species category.
In December 2007, the SSC, AP, and
Council reviewed the Plan Team’s
recommendations. Except for BSAI
Pacific cod and the ‘‘other species’’
category, the SSC, AP, and Council
endorsed the Plan Team’s ABC
recommendations. For 2008 and 2009,
the SSC recommended higher Pacific
cod OFLs and ABCs than the OFLs and
ABCs recommended by the Plan Team.
For BSAI Pacific cod, the SSC
recommended using the 2007 ABC and
OFL for 2008 and 2009 based on the
upward trend of the spawning biomass.
For ‘‘other species,’’ the SSC
recommended using tier 5 management
for skate species resulting in higher
ABCs than the Plan Team’s
recommended tier 3 management. For
tier 3 the SSC was concerned with the
fit of the stock assessment model to
survey biomass trends and growth. The
SSC provided 2008 and 2009 ABC and
OFL amounts by summing up
individual species’ ABCs in the ‘‘other
species’’ category since the current FMP
specifies management at the group level.
The AP endorsed the ABCs
recommended by the SSC, and the
Council adopted them.
The Plan Team, SSC, AP, and Council
recommended that total removals of
Pacific cod from the BSAI not exceed
ABC recommendations. In 2007, the
Board of Fisheries for the State of
Alaska (State) established a guideline
harvest level (GHL) west of 170 degrees
west longitude in the AI subarea equal
to 3 percent of the Pacific cod ABC in
the BSAI. Accordingly, the Council
recommended that the 2008 and 2009
Pacific cod TACs be adjusted downward
from the ABCs by amounts equal to the
2008 and 2009 GHLs.
The final TAC recommendations were
based on the ABCs as adjusted for other
biological and socioeconomic
considerations, including maintaining
the sum of the TACs within the required
OY range of 1.4 million to 2.0 million
mt. Except for BSAI yellowfin sole,
arrowtooth flounder, and ‘‘other
species,’’ the Council adopted the AP’s
2008 and 2009 TAC recommendations.
The Council increased the yellowfin
sole TAC as a result of a decrease in
pollock TAC. The Council increased the
arrowtooth flounder TAC to provide for
incidental catch in other fisheries, and
the Council decreased the ‘‘other
species’’ TAC to provide enough TAC
for incidental catch, but not for a
directed fishery. None of the Council’s
recommended TACs for 2008 or 2009
exceeds the final 2008 or 2009 ABCs for
any species category. The 2008 and
2009 harvest specifications approved by
the Secretary of Commerce (Secretary)
are unchanged from those
recommended by the Council and are
consistent with the preferred harvest
strategy alternative in the EIS. The 2008
and 2009 TACs are equal to or less than
the ABCs recommended by the
Council’s Plan Teams and SSC. NMFS
finds that the recommended OFLs,
ABCs, and TACs are consistent with the
biological condition of groundfish
stocks as described in the 2007 SAFE
report that was approved by the
Council.
Other Actions Potentially Affecting the
2008 and 2009 Harvest Specifications
The Council is considering a proposal
that would allocate the Pacific cod TAC
by Bering Sea subarea and AI subarea
instead of a combined BSAI TAC.
Another proposal would separate some
species from the ‘‘other rockfish’’ or
‘‘other species’’ categories so that
individual OFLs, ABCs, and TACs may
be established for these species. These
actions, if submitted to and approved by
the Secretary, could change the final
2008 and 2009 harvest specifications.
10161
Changes From the Proposed 2008 and
2009 Harvest Specifications in the BSAI
In October 2007, the Council made its
recommendations for the proposed 2008
and 2009 harvest specifications (72 FR
68833, December 6, 2007) based largely
on information contained in the 2006
SAFE report for the BSAI groundfish
fisheries. The 2007 SAFE report, which
was not available when the Council
made its recommendations in October
2007, contains the best and most recent
scientific information on the condition
of the groundfish stocks. In December
2007, the Council considered the 2007
SAFE report in making its
recommendations for the final 2008 and
2009 harvest specifications. Based on
the 2007 SAFE report, the sum of the
2008 and 2009 recommended final
TACs for the BSAI (1,838,345 mt for
2008 and 1,814,204 mt for 2009) is
lower than the sum of the proposed
2008 and 2009 TACs (2,000,000 mt for
each year). Compared to the proposed
2008 and 2009 harvest specifications,
the Council’s final TAC
recommendations increase fishing
opportunities for fishermen and
economic benefits to the nation for
species for which the Council had
sufficient information to raise TAC
levels. These species include BSAI Atka
mackerel, flathead sole, Pacific cod,
yellowfin sole, other flatfish, arrowtooth
flounder, Greenland turbot, and
northern rockfish. The Council also
reduced TAC levels to provide greater
protection for several species including
Bering Sea subarea pollock, sablefish,
Alaska plaice, and other species. The
changes in the final rule from the
proposed rule are based on the most
recent scientific information and
implement the harvest strategy
described in the proposed rule for the
harvest specifications and are compared
in the following table:
COMPARISON OF FINAL 2008 AND 2009 WITH PROPOSED 2008 AND 2009 TOTAL ALLOWABLE CATCH IN THE BSAI
[Amounts are in metric tons]
Species
Area1
Pollock ...........................................................
BS ........
AI ..........
Bogoslof
BSAI .....
BS ........
AI ..........
EAI/BS
CAI .......
WAI ......
BSAI .....
BSAI .....
BS ........
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Pacific cod .....................................................
Sablefish ........................................................
Atka mackerel ................................................
Yellowfin sole .................................................
Rock sole .......................................................
Greenland turbot ............................................
VerDate Aug<31>2005
19:04 Feb 25, 2008
Jkt 214001
PO 00000
2008 final
TAC
1,000,000
19,000
10
170,720
2,860
2,440
19,500
24,300
16,900
225,000
75,000
1,750
Frm 00035
Fmt 4700
2008 proposed TAC
1,318,000
19,000
10
127,070
2,970
2,800
17,600
22,000
15,300
150,000
75,000
1,720
Sfmt 4700
2008 final
minus proposed
¥318,000
0
0
43,650
¥110
¥360
1,900
2,300
1,600
75,000
0
30
E:\FR\FM\26FER1.SGM
2009 final
TAC
1,000,000
19,000
10
170,720
2,610
2,230
15,300
19,000
13,200
205,000
75,000
1,750
26FER1
2009 proposed TAC
1,318,000
19,000
10
127,070
2,970
2,800
17,600
22,000
15,300
150,000
75,000
1,720
2009 final
minus proposed
¥318,000
0
0
43,650
¥360
¥570
¥2,300
¥3,000
¥2,100
55,000
0
30
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Federal Register / Vol. 73, No. 38 / Tuesday, February 26, 2008 / Rules and Regulations
COMPARISON OF FINAL 2008 AND 2009 WITH PROPOSED 2008 AND 2009 TOTAL ALLOWABLE CATCH IN THE BSAI—
Continued
[Amounts are in metric tons]
2008 final
TAC
Area1
Species
2008 proposed TAC
2008 final
minus proposed
2009 final
TAC
2009 proposed TAC
2009 final
minus proposed
Squid ..............................................................
Other species ................................................
AI ..........
BSAI .....
BSAI .....
BSAI .....
BSAI .....
BS ........
EAI .......
CAI .......
WAI ......
BSAI .....
BSAI .....
BSAI .....
BS ........
AI ..........
BSAI .....
BSAI .....
790
75,000
50,000
21,600
50,000
4,200
4,900
4,990
7,610
8,180
424
202
414
585
1,970
50,000
770
30,000
45,000
21,400
60,000
4,080
4,900
5,000
7,620
8,150
424
202
414
585
1,970
58,015
20
45,000
5,000
200
¥10,000
120
0
¥10
¥10
30
0
0
0
0
0
¥8,015
790
75,000
50,000
21,600
50,000
4,100
4,810
4,900
7,490
8,130
424
202
414
554
1,970
60,000
770
30,000
45,000
21,400
60,000
4,080
4,900
5,000
7,620
8,150
424
202
414
585
1,970
58,015
20
45,000
5,000
200
¥10,000
20
¥90
¥100
¥130
¥20
0
0
0
¥31
0
1,985
TOTAL ....................................................
BSAI .....
1,838,345
2,000,000
¥161,655
1,814,204
2,000,000
¥185,796
Arrowtooth flounder .......................................
Flathead sole .................................................
Other flatfish ..................................................
Alaska plaice .................................................
Pacific ocean perch .......................................
Northern rockfish ...........................................
Shortraker rockfish ........................................
Rougheye rockfish .........................................
Other rockfish ................................................
1 Bering Sea subarea (BS), Aleutian Islands subarea (AI), Bering Sea and Aleutian Islands Management Area (BSAI), Eastern Aleutian District
(EAI), Central Aleutian District (CAI), and Western Aleutian District (WAI).
The final 2008 and 2009 TAC
recommendations for the BSAI are
within the OY range established for the
BSAI and do not exceed ABCs for any
single species or complex. Table 1 lists
the final 2008 and 2009 OFL, ABC,
TAC, initial TAC (ITAC), and CDQ
reserve amounts of the BSAI groundfish.
The apportionment of TAC amounts
among fisheries and seasons is
discussed below.
As mentioned in the proposed 2008
and 2009 harvest specifications, NMFS
is apportioning the amounts shown in
Table 2 from the non-specified reserve
to increase the initial ITAC of several
target species.
The final harvest specifications for
2008 and 2009 also include
specifications consistent with two new
FMP amendments. The final rule
implementing Amendment 80 to the
BSAI FMP was published in the Federal
Register on September 14, 2007 (72 FR
52668). Amendment 80 allocates total
allowable catch of specified groundfish
species and halibut and crab PSC limits
among several BSAI non-pollock trawl
groundfish fisheries fishing sectors, and
it facilitates the formation of harvesting
cooperatives in the non-American
Fisheries Act trawl catcher/processor
sector. The Amendment 80 species are
Atka mackerel, flathead sole, Pacific
cod, rock sole, yellowfin sole, and
Aleutian Islands Pacific ocean perch.
The final rule implementing
Amendment 85 to the FMP was
published in the Federal Register on
September 4, 2007 (72 FR 50788).
Amendment 85 revises the current
allocations of BSAI Pacific cod TAC
among various harvest sectors and
seasonal apportionments. Also,
Amendment 85 divides the halibut PSC
allowance annually specified for the
hook-and-line Pacific cod fishery
between the hook-and-line catcher/
processor and catcher vessel sectors.
TABLE 1.—2008 AND 2009 OVERFISHING LEVEL (OFL), ACCEPTABLE BIOLOGICAL CATCH (ABC), TOTAL ALLOWABLE
CATCH (TAC), INITIAL TAC (ITAC), AND CDQ RESERVE ALLOCATION OF GROUNDFISH IN THE BSAI1
[Amounts are in metric tons]
2008
Species
2009
Area
ITAC 2
CDQ 3
Pollock 3 ........
Pacific cod 4 ..
Sablefish 5 .....
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Atka mackerel
Yellowfin sole
Rock sole ......
Greenland
turbot.
Arrowtooth
flounder.
Flathead sole
Other flatfish 6
VerDate Aug<31>2005
100,000
1,900
0
18,267
98
42
5,083
1,637
2,033
1,412
21,935
8,025
n/a
1,750
790
246,000
1,750
790
75,000
1,488
672
63,750
187
0
8,025
69,700
21,600
50,000
21,600
44,650
18,360
5,350
0
1,320,000
26,100
58,400
207,000
2,910
2,510
50,600
n/a
n/a
n/a
296,000
379,000
16,000
1,000,000
22,700
7,970
176,000
2,610
2,230
47,500
15,300
19,000
13,200
276,000
375,000
2,540
1,488
672
63,750
187
0
8,025
n/a
n/a
300,000
44,650
18,360
5,350
0
83,700
28,800
1,440,000
34,000
58,400
207,000
3,380
2,890
71,400
n/a
n/a
n/a
265,000
304,000
15,600
1,000,000
28,200
7,970
176,000
2,860
2,440
60,700
19,500
24,300
16,900
248,000
301,000
2,540
1,000,000
19,000
10
170,720
2,860
2,440
60,700
19,500
24,300
16,900
225,000
75,000
2,540
900,000
17,100
10
152,453
2,360
1,853
54,205
17,414
21,700
15,092
200,925
66,975
2,159
BS ..............
AI ................
BSAI ...........
n/a
n/a
297,000
1,750
790
244,000
1,750
790
75,000
BSAI ...........
BSAI ...........
86,000
28,800
71,700
21,600
50,000
21,600
Frm 00036
900,000
17,100
10
152,453
1,109
474
42,418
13,663
16,967
11,788
183,065
66,975
2,159
100,000
1,900
0
18,267
393
412
6,495
2,087
2,600
1,808
24,075
8,025
n/a
BS 2 ............
AI 2 ..............
Bogoslof .....
BSAI ...........
BS ..............
AI ................
BSAI ...........
EAI/BS ........
CAI .............
WAI ............
BSAI ...........
BSAI ...........
BSAI ...........
PO 00000
1,000,000
19,000
10
170,720
2,610
2,230
47,500
15,300
19,000
13,200
205,000
75,000
2,540
TAC
TAC
Jkt 214001
CDQ 3
ABC
ABC
19:04 Feb 25, 2008
ITAC 2
OFL
OFL
Fmt 4700
Sfmt 4700
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Federal Register / Vol. 73, No. 38 / Tuesday, February 26, 2008 / Rules and Regulations
TABLE 1.—2008 AND 2009 OVERFISHING LEVEL (OFL), ACCEPTABLE BIOLOGICAL CATCH (ABC), TOTAL ALLOWABLE
CATCH (TAC), INITIAL TAC (ITAC), AND CDQ RESERVE ALLOCATION OF GROUNDFISH IN THE BSAI1—Continued
[Amounts are in metric tons]
2008
Species
2009
Area
CDQ 3
OFL
ABC
TAC
ITAC 2
CDQ 3
OFL
Alaska plaice
Pacific ocean
perch.
Northern rockfish.
Shortraker
rockfish.
Rougheye
rockfish.
Other rockfish 7.
Squid .............
Other species 8.
Total .......
TAC
ITAC 2
ABC
BSAI ...........
BSAI ...........
248,000
25,700
194,000
21,700
50,000
21,700
42,500
19,198
0
n/a
277,000
25,400
217,000
21,300
50,000
21,300
42,500
18,845
0
n/a
BS ..............
EAI .............
CAI .............
WAI ............
BSAI ...........
n/a
n/a
n/a
n/a
9,740
4,200
4,900
4,990
7,610
8,180
4,200
4,900
4,990
7,610
8,180
3,570
4,376
4,456
6,796
6,953
0
524
534
814
0
n/a
n/a
n/a
n/a
9,680
4,100
4,810
4,900
7,490
8,130
4,100
4,810
4,900
7,490
8,130
3,485
4,295
4,376
6,689
6,911
0
515
524
801
0
BSAI ...........
564
424
424
360
0
564
424
424
360
0
BSAI ...........
269
202
202
172
0
269
202
202
172
0
BSAI ...........
1,330
999
999
849
0
1,290
968
968
823
0
BS ..............
AI ................
BSAI ...........
BSAI ...........
n/a
n/a
2,620
104,000
414
585
1,970
78,100
414
585
1,970
50,000
352
497
1,675
42,500
0
0
0
0
n/a
n/a
2,620
104,000
414
554
1,970
78,100
414
554
1,970
60,000
352
471
1,675
51,000
0
0
0
0
....................
3,205,693
2,472,585
1,838,345
1,639,009
174,989
3,191,843
2,557,944
1,814,204
1,597,810
170,751
1 These
amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these harvest specifications, the Bering Sea (BS) subarea includes the Bogoslof District.
2 Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and Amendment 80 species, 15 percent of each TAC is put into a reserve. The ITAC for these species is the remainder of the TAC after the subtraction of these reserves.
3 Under § 679.20(a)(5)(i)(A)(1), the annual Bering Sea subarea pollock TAC after subtracting first for the CDQ directed fishing allowance (10 percent) and second
for the incidental catch allowance (3.5 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.
4 The Pacific cod TAC is reduced by three percent from the ABC to account for the State of Alaska’s (State) guideline harvest level in State waters of the Aleutian
Islands subarea.
5 For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 10.7 percent of the
TAC is reserved for use by CDQ participants (see §§ 679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish TAC allocated to hook-and-line gear or pot gear,
7.5 percent of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for Bering Sea Greenland turbot and arrowtooth flounder are reserved for use
by CDQ participants (see § 679.20(b)(1)(ii)(B) and (D)). Aleutian Islands Greenland turbot, ‘‘other flatfish,’’ Alaska plaice, Bering Sea Pacific ocean perch, northern
rockfish, shortraker rockfish, rougheye rockfish, ‘‘other rockfish,’’ squid, and ‘‘other species’’ are not allocated to the CDQ program.
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.
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Non-specified Reserves, CDQ Reserves,
and the Incidental Catch Allowance
(ICA) for Pollock, Sablefish, Atka
Mackerel, Flathead Sole, Rock Sole,
Yellowfin Sole, and Aleutian Islands
Pacific Ocean Perch
Section 679.20(b)(1)(i) requires the
placement of 15 percent of the TAC for
each target species or ‘‘other species’’
category, except for pollock, the hookand-line and pot gear allocation of
sablefish, and the Amendment 80
species, in a non-specified reserve.
Section 679.20(b)(1)(ii)(B) requires that
20 percent of the hook-and-line and pot
gear allocation of sablefish be allocated
to the fixed gear sablefish CDQ reserve.
Section 679.20(b)(1)(ii)(D) requires
allocation of 7.5 percent of the trawl
gear allocations of sablefish and 10.7
percent of the Bering Sea Greenland
turbot and arrowtooth flounder TACs to
the respective CDQ reserves. Section
679.20(b)(1)(ii)(C) requires allocation of
10.7 percent of the TACs for Atka
mackerel, Aleutian Islands Pacific
Ocean perch, yellowfin sole, rock sole,
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flathead sole, and Pacific cod to the
CDQ reserves. Sections
679.20(a)(5)(i)(A), (a)(5)(iii)(B)(2)(i),
(b)(1)(i)(A), and 679.31(a) also require
the allocation of 10 percent of the BSAI
pollock TACs to the pollock CDQ
directed fishing allowance (DFA). The
entire Bogoslof District pollock TAC is
allocated as an ICA (see 679.20(a)(5)(ii)
and (b)(1)(ii)(A)(2)). With the exception
of the hook-and-line and pot gear
sablefish CDQ reserve, the regulations
do not further apportion the CDQ
allocations by gear. Section
679.21(e)(3)(i)(A) requires withholding
7.5 percent of the Chinook salmon PSC
limit, 10.7 percent of the crab and nonChinook salmon PSC limits, and 343
metric tons (mt) of halibut PSC as PSQ
reserves for the CDQ fisheries. Sections
679.30 and 679.31 set forth regulations
governing the management of the CDQ
and PSQ reserves, respectively.
Pursuant to 679.20(a)(5)(i)(A)(1),
NMFS allocates a pollock ICA of 3.5
percent of the Bering Sea subarea
pollock TAC after subtraction of the 10
percent CDQ reserve. This allowance is
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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 2007. During this 9-year
period, the pollock incidental catch
ranged from a low of 2.4 percent in 2006
to a high of 5 percent in 1999, with a
9-year average of 3 percent. Pursuant to
679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS
recommends a pollock ICA of 1,600 mt
for the AI subarea after subtraction of
the 10 percent CDQ DFA. This
allowance is based on NMFS’
examination of the pollock incidental
catch, including the incidental catch by
CDQ vessels, in target fisheries other
than pollock from 2003 through 2007.
During this 5-year period, the incidental
catch of pollock ranged from a low of 5
percent in 2006 to a high of 10 percent
in 2003, with a 5-year average of 6
percent.
Pursuant to 679.20(a)(8) and (10),
NMFS allocates ICAs of 4,500 mt of
flathead sole, 5,000 mt of rock sole,
2,000 mt of yellowfin sole, 10 mt each
of Western and Central Aleutian District
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Pacific Ocean perch and Atka mackerel,
100 mt of Eastern Aleutian District
Pacific Ocean perch, and 1,400 mt of
Eastern Aleutian District and Bering Sea
subarea Atka mackerel TAC after
subtraction of the 10.7 percent CDQ
reserve. These allowances are based on
NMFS’ examination of the incidental
catch in other target fisheries from 2003
through 2007.
The regulations do not designate the
remainder of the non-specified reserve
by species or species group. Any
amount of the reserve may be
apportioned to a target species or to the
‘‘other species’’ category during the
year, provided that such
apportionments do not result in
overfishing (see 679.20(b)(1)(ii)). The
Regional Administrator has determined
that the ITACs specified for the species
listed in Table 2 need to be
supplemented from the non-specified
reserve because U.S. fishing vessels
have demonstrated the capacity to catch
the full TAC allocations. Therefore, in
accordance with 679.20(b)(3), NMFS is
apportioning the amounts shown in
Table 2 from the non-specified reserve
to increase the ITAC for northern
rockfish, shortraker rockfish, rougheye
rockfish, and Bering Sea other rockfish
by 7.5 percent of the TAC in 2008 and
2009.
TABLE 2.—2008 AND 2009 APPORTIONMENT OF RESERVES TO ITAC CATEGORIES
[Amounts are in metric tons]
Species—area or subarea
2008 ITAC
2008 reserve
amount
2008 final
ITAC
2009 ITAC
2009 reserve
amount
2009 final
ITAC
Shortraker rockfish—BSAI ...............................................
Rougheye rockfish—BSAI ...............................................
Northern rockfish—BSAI ..................................................
Other rockfish—Bering Sea subarea ...............................
360
172
6,953
352
32
15
614
31
392
187
7,567
383
360
172
6,911
352
32
15
610
31
392
187
7,521
383
Total ..........................................................................
7,837
692
8,529
7,795
688
8,483
Allocation of Pollock TAC Under the
American Fisheries Act (AFA)
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Section 679.20(a)(5)(i)(A) requires that
the pollock TAC apportioned to the
Bering Sea subarea, after subtraction of
the 10 percent for the CDQ program and
the 3.5 percent for the ICA, be allocated
as a DFA as follows: 50 percent to the
inshore sector, 40 percent to the
catcher/processor sector, and 10 percent
to the mothership sector. In the Bering
Sea subarea, 40 percent of the DFA is
allocated to the A season (January 20–
June 10), and 60 percent of the DFA is
allocated to the B season (June 10November 1). 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.
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Table 3 lists these 2008 and 2009
amounts.
Section 679.20(a)(5)(i)(A)(4) also
includes several specific requirements
regarding Bering Sea 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 3
lists the 2008 and 2009 allocations of
pollock TAC. Tables 10 through 15 list
the AFA catcher/processor and catcher
vessel harvesting sideboard limits. The
tables for the pollock allocations to the
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Sfmt 4700
Bering Sea subarea inshore pollock
cooperatives and open access sector will
be posted on the Alaska Region Web site
at https://www.fakr.noaa.gov.
Table 3 also lists seasonal
apportionments of pollock and harvest
limits within the Steller Sea Lion
Conservation Area (SCA). The harvest
within the SCA, as defined at
679.22(a)(7)(vii), is limited to 28 percent
of the annual DFA until April 1. The
remaining 12 percent of the 40 percent
annual DFA allocated to the A season
may be taken outside the SCA before
April 1 or inside the SCA after April 1.
If less than 28 percent of the annual
DFA is taken inside the SCA before
April 1, the remainder will be available
to be taken inside the SCA after April
1. The A season pollock SCA harvest
limit will be apportioned to each sector
in proportion to each sector’s allocated
percentage of the DFA. Table 3 lists by
sector these 2008 and 2009 amounts.
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1,000,000
100,000
31,500
434,250
347,400
317,871
29,529
1,737
86,850
151,988
260,550
868,500
19,000
1,900
1,600
15,500
10
n/a
40,000
n/a
173,700
138,960
127,148
11,812
695
34,740
n/a
n/a
347,400
n/a
760
800
15,500
n/a
A season
DFA
n/a
28,000
n/a
121,590
97,272
n/a
n/a
n/a
24,318
n/a
n/a
243,180
n/a
n/a
n/a
n/a
n/a
SCA harvest limit 2
n/a
60,000
n/a
260,550
208,440
190,723
17,717
1,042
52,110
n/a
n/a
521,099
n/a
1,140
800
0
n/a
B season
DFA
2008 B
season 1
1,000,000
100,000
31,500
434,250
347,400
317,871
29,529
1,737
86,850
151,988
260,550
868,501
19,000
1,900
1,600
15,500
10
2009 Allocations
n/a
40,000
n/a
173,700
138,960
127,148
11,812
695
34,740
n/a
n/a
347,399
n/a
760
800
15,500
n/a
A season
DFA
n/a
28,000
n/a
121,590
97,272
n/a
n/a
n/a
24,318
n/a
n/a
243,180
n/a
n/a
n/a
n/a
n/a
SCA harvest limit 2
2009 A season 1
n/a
60,000
n/a
260,550
208,440
190,723
17,717
1,042
52,110
n/a
n/a
521,100
n/a
1,140
800
0
n/a
B season
DFA
2009 B
season 1
1 Pursuant to § 679.20(a)(5)(i)(A), the Bering Sea subarea pollock, after subtraction for the CDQ DFA (10 percent) and the ICA (3.5 percent), is allocated as a DFA as follows: inshore sector—50 percent, catcher/processor sector (C/P)—40 percent, and mothership sector—10 percent. In the Bering Sea subarea, 40 percent of the DFA is allocated to the A season (January
20–June 10) and 60 percent of the DFA is allocated to the B season (June 10–November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock TAC, after subtracting first
for the CDQ directed fishing allowance (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 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.
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 non-CDQ pollock DFAs.
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 non-CDQ pollock DFAs.
7 The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The amounts specified are for ICA only and are not apportioned by season or sector.
Bering Sea subarea .........................................................................
CDQ DFA .................................................................................
ICA 1 .........................................................................................
AFA Inshore .............................................................................
AFA Catcher/Processors 3 ........................................................
Catch by C/Ps ...................................................................
Catch by CVs 3 ..................................................................
Unlisted C/P Limit 4 ....................................................
AFA Motherships ......................................................................
Excessive Harvesting Limit 5 ....................................................
Excessive Processing Limit 6 ...................................................
Total Bering Sea DFA .....................................................................
Aleutian Islands subarea 1 ...............................................................
CDQ DFA .................................................................................
ICA ............................................................................................
Aleut Corporation .....................................................................
Bogoslof District ICA 7 .....................................................................
Area and sector
2008 Allocations
2008 A season 1
[Amounts are in metric tons]
TABLE 3.—2008 AND 2009 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ DIRECTED FISHING ALLOWANCES
(DFA) 1
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Allocation of the Atka Mackerel TACs
Section 679.20(a)(8)(ii) allocates the
Atka mackerel TACs, after subtraction of
the CDQ reserves, jig gear allocation,
and ICAs for the BSAI trawl limited
access sector and non-trawl gear, to the
Amendment 80 and BSAI trawl limited
access sectors. The allocation of the
ITAC for Atka mackerel to the
Amendment 80 and BSAI trawl limited
access sectors is established in Table 33
to part 679 and 679.91.
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 approves, a 0.5 percent
allocation of the Atka mackerel ITAC in
the Eastern Aleutian District and Bering
Sea subarea to the jig gear in 2008 and
2009. Based on the 2008 TAC of 16,900
mt after subtractions of the CDQ reserve
and ICA, the jig gear allocation would
be 80 mt for 2008. Based on the 2009
TAC of 15,300 mt after subtractions of
the CDQ reserve and ICA, the jig gear
allocation would be 61 mt for 2009.
Section 679.20(a)(8)(ii)(A) apportions
the Atka mackerel ITAC into two equal
seasonal allowances. The first seasonal
allowance is made available for directed
fishing from January 1 (January 20 for
trawl gear) to April 15 (A season), and
the second seasonal allowance is made
available from September 1 to
November 1 (B season). The jig gear
allocation is not apportioned by season.
Pursuant to 679.20(a)(8)(ii)(C)(1), the
Regional Administrator will establish a
harvest limit area (HLA) limit of no
more than 60 percent of the seasonal
TAC for the Western and Central
Aleutian Districts.
NMFS will establish HLA limits for
the CDQ reserve and each of the three
non-CDQ trawl sectors: The BSAI trawl
limited access sector; the Amendment
80 limited access fishery; and an
aggregate HLA limit applicable to all
Amendment 80 cooperatives. NMFS
will assign vessels in each of the three
non-CDQ sectors that apply to fish for
Atka mackerel in the HLA to an HLA
fishery based on a random lottery of the
vessels that apply (see 679.20(a)(8)(iii)).
There is no allocation of Atka mackerel
to the BSAI trawl limited access sector
in the Western Aleutian District.
Therefore, no vessels in the BSAI trawl
limited access sector will be assigned to
the Western Aleutian District HLA
fishery.
Each trawl sector will have a separate
lottery. A maximum of two HLA
fisheries will be established in Area 542
for the BSAI trawl limited access sector.
A maximum of four HLA fisheries will
be established for vessels assigned to
Amendment 80 cooperatives: A first and
second HLA fishery in Area 542, and a
first and second HLA fishery in Area
543. A maximum of four HLA fisheries
will be established for vessels assigned
to the Amendment 80 limited access
fishery: A first and second HLA fishery
in Area 542, and a first and second HLA
fishery in Area 543. NMFS will initially
open fishing in the HLA for the first
HLA fishery in all three trawl sectors at
the same time. The initial opening of
fishing in the HLA will be based on the
first directed fishing closure of Atka
mackerel in Area 541/BS for any one of
the three trawl sectors allocated Atka
mackerel TAC.
Table 4 lists these 2008 and 2009
amounts. The 2009 allocations for Atka
mackerel between Amendment 80
cooperatives and the Amendment 80
limited access sector will not be known
until eligible participants apply for
participation in the program by
November 1, 2008.
TABLE 4.—2008 AND 2009 SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, CDQ RESERVE, INCIDENTAL CATCH
ALLOWANCE, AND AMENDMENT 80 ALLOCATIONS OF THE BSAI ATKA MACKEREL TAC
[Amounts are in metric tons]
2008 Allocation by area
Sector 1
Season 2,3
Eastern Aleutian
District/Bering Sea
TAC ........................................
CDQ reserve ..........................
n/a ...........
Total .........
HLA 4 .......
Total ........
Total .........
Total .........
A ..............
HLA 4 .......
B ..............
HLA 4 .......
Total ........
A ..............
HLA 4 .......
B ..............
HLA 4 .......
Total .........
A ..............
HLA 4 .......
B ..............
HLA 4 .......
Total .........
A ..............
HLA 4 .......
B ..............
19,500
2,087
n/a
1,400
80
319
159
n/a
159
n/a
15,615
7,807
4,684
7,807
4,684
8,232
4,116
n/a
4,116
n/a
7,383
3,812
n/a
3,692
ICA .........................................
Jig 5 ........................................
BSAI trawl limited access ......
Amendment 80 sectors ..........
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Amendment 80 limited access
Amendment 80 cooperatives
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Central
Aleutian
District
Fmt 4700
24,300
2,600
1,560
10
0
434
217
130
217
130
21,256
10,628
6,377
10,628
6,377
12,809
6,405
3,843
6,405
3,843
8,447
4,224
2,534
4,224
Sfmt 4700
2009 Allocation by area
Western
Aleutian
District
Eastern Aleutian
District/Bering Sea
16,900
1,808
1,085
10
0
0
0
0
0
0
15,082
7,541
4,525
7,541
4,525
9,298
4,649
2,789
4,649
2,789
5,784
2,892
1,735
2,892
E:\FR\FM\26FER1.SGM
15,300
1,637
n/a
1,400
61
488
244
n/a
244
n/a
12,202
6,101
3,660
6,101
3,660
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
26FER1
Central
Aleutian
District
19,000
2,033
1,220
10
0
678
339
203
339
203
16,957
8,479
5,087
8,479
5,087
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Western
Aleutian
District
13,200
1,412
847
10
0
0
0
0
0
0
11,778
5,889
3,533
5,889
3,533
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
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10167
TABLE 4.—2008 AND 2009 SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, CDQ RESERVE, INCIDENTAL CATCH
ALLOWANCE, AND AMENDMENT 80 ALLOCATIONS OF THE BSAI ATKA MACKEREL TAC—Continued
[Amounts are in metric tons]
2008 Allocation by area
Sector 1
Season 2,3
Eastern Aleutian
District/Bering Sea
HLA 4 .......
Central
Aleutian
District
n/a
2,534
2009 Allocation by area
Western
Aleutian
District
Eastern Aleutian
District/Bering Sea
1,735
n/a
Central
Aleutian
District
n/a
Western
Aleutian
District
n/a
1 Section
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679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtraction of the CDQ reserves, jig gear allocation, and ICAs, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to part 679 and § 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see
§§ 679.20(b)(1)(ii)(C) and 679.31).
2 Regulations at §§ 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery. The A season is
January 1 (January 20 for trawl gear) to April 15, and the B season is September 1 to November 1.
3 The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
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
2008 and 2009, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts.
5 Section 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian District and the Bering Sea subarea TAC be allocated to jig gear
after subtraction of the CDQ reserve and ICA. The amount of this allocation is 0.5 percent. The jig gear allocation is not apportioned by season.
Allocation of the Pacific Cod ITAC
Section 679.20(a)(7)(i) and (ii)
allocates the Pacific cod TAC in the
BSAI, after subtraction of 10.7 percent
for the CDQ reserve, as follows: 1.4
percent to vessels using jig gear, 2.0
percent to hook-and-line and pot
catcher vessels less than 60 ft (18.3 m)
length overall (LOA), 0.2 percent to
hook-and-line catcher vessels greater
than or equal to 60 ft (18.3 m) LOA, 48.7
percent to hook-and-line catcher/
processors, 8.4 percent to pot catcher
vessels greater than or equal to 60 ft
(18.3 m) LOA, 1.5 percent to pot
catcher/processors, 2.3 percent to
American Fisheries Act (AFA) trawl
catcher/processors, 13.4 percent to nonAFA trawl catcher/processors, and 22.1
percent to trawl catcher vessels. The
ICA for the hook-and-line and pot
sectors will be deducted from the
aggregate portion of Pacific cod TAC
allocated to the hook-and-line and pot
sectors. For 2008 and 2009, the Regional
Administrator establishes an ICA of 500
mt based on anticipated incidental catch
by these sectors in other fisheries. The
allocation of the ITAC for Pacific cod to
the Amendment 80 sector is established
in Table 33 to part 679 and 679.91. The
2009 allocations for Pacific cod between
Amendment 80 cooperatives and the
Amendment 80 limited access sector
will not be known until eligible
participants apply for participation in
the program by November 1, 2008.
Sections 679.20(a)(7) and 679.23(e)(5)
apportion seasonal allowances of the
Pacific cod ITAC to disperse the Pacific
cod fisheries over the fishing year. In
accordance with 679.20(a)(7)(iv)(B) and
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(C), any unused portion of a seasonal
Pacific cod allowance will become
available at the beginning of the next
seasonal allowance.
Sections 679.20(a)(7)(i)(B) and
679.23(e)(5) establish the CDQ seasonal
allowances based on gear type. For
hook-and-line catcher/processors and
hook-and-line catcher vessels greater
than or equal to 60 ft (18.3 m) LOA
harvesting CDQ Pacific cod, the first
seasonal allowance of 60 percent of the
ITAC is available for directed fishing
from January 1 to June 10, and the
second seasonal allowance of 40 percent
of the ITAC is available from June 10 to
December 31. No seasonal harvest
constraints are imposed on the CDQ
Pacific cod fishery for pot gear or hookand-line catcher vessels less than 60 feet
(18.3 m) LOA. For vessels harvesting
CDQ Pacific cod with trawl gear, the
first seasonal allowance of 60 percent of
the ITAC is available January 20 to April
1. The second seasonal, April 1 to June
10, and the third seasonal allowance,
June 10 to November 1, are each
allocated 20 percent of the ITAC. The
CDQ Pacific cod trawl catcher vessel
allocation is further allocated as 70
percent of the first seasonal allowance,
10 percent in the second seasonal
allowance, and 20 percent in the third
seasonal allowance. The CDQ Pacific
cod trawl catcher/processor allocation is
50 percent in the first seasonal
allowance, 30 percent in the second
seasonal allowance, and 20 percent in
the third seasonal allowance. For jig
gear, the first and third seasonal
allowances are each allocated 40
percent of the ITAC and the second
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seasonal allowance is allocated 20
percent of the ITAC.
Sections 679.20(a)(7)(iv)(A) and
679.23(e)(5) apportion the non-CDQ
seasonal allowances by gear type as
follows. For hook-and-line and pot
catcher/processors and hook-and-line
and pot catcher vessels greater than or
equal to 60 ft (18.3 m) LOA, the first
seasonal allowance of 51 percent of the
ITAC is available for directed fishing
from January 1 to June 10, and the
second seasonal allowance of 49 percent
of the ITAC is available from June 10
(September 1 for pot gear) to December
31. No seasonal harvest constraints are
imposed on the Pacific cod fishery for
catcher vessels less than 60 feet (18.3 m)
LOA using hook-and-line or pot gear.
For trawl gear, the first seasonal
allowance is January 20 to April 1, the
second seasonal allowance is April 1 to
June 10, and the third seasonal
allowance is June 10 to November 1.
The trawl catcher vessel allocation is
further allocated as 74 percent in the
first seasonal allowance, 11 percent in
the second seasonal allowance, and 15
percent in the third seasonal allowance.
The trawl catcher/processor allocation
is allocated 75 percent in the first
seasonal allowance, 25 percent in the
second seasonal allowance, and zero
percent in the third seasonal allowance.
For jig gear, the first seasonal allowance
is allocated 60 percent of the ITAC, and
the second and third seasonal
allowances are each allocated 20
percent of the ITAC. Table 5 lists the
2008 and 2009 allocations and seasonal
apportionments of the Pacific cod TAC.
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TABLE 5.—2008 AND 2009 GEAR SHARES AND SEASONAL ALLOWANCES OF THE BSAI PACIFIC COD TAC
[Amounts are in metric tons]
Gear sector
2008 and 2009
share of gear
sector total
Percent
Total TAC .....................................
CDQ .............................................
Total hook-and-line/pot gear ........
Hook-and-line/pot ICA1 ................
Hook-and-line/pot subtotal ...........
Hook-and-line catcher/processor
100
10.7
60.8
n/a
n/a
48.7
170,720
18,267
92,691
n/a
92,191
n/a
n/a
n/a
n/a
500
n/a
73,844
Hook-and-line catcher vessel ≥
60 ft LOA.
Pot catcher/processor ..................
0.2
n/a
303
1.5
n/a
2,274
Pot catcher vessel ≥ 60 ft LOA ...
8.4
n/a
12,737
Catcher vessel < 60 ft LOA using
hook-and-line or pot gear.
Trawl catcher vessel ....................
2.0
3,033
3,033
22.1
33,692
n/a
AFA trawl catcher/processor ........
2.3
3,506
n/a
Amendment 80 .............................
13.4
20,429
n/a
Amendment 80 limited access 2 ..
n/a
n/a
3,294
Amendment 80 cooperatives 2 .....
n/a
n/a
17,135
2,134
n/a
Jig .................................................
1.4
2008 and 2009 seasonal
apportionment 2
2008 and 2009
share of sector
total
Dates
Amount
n/a ...............................................
see § 679.20(a)(7)(i)(B) ...............
n/a ...............................................
n/a ...............................................
n/a ...............................................
Jan 1–Jun 10 ..............................
Jun 10–Dec 31 ............................
Jan 1–Jun 10 ..............................
Jun 10–Dec 31 ............................
Jan 1–Jun 10 ..............................
Sept 1–Dec 31 ............................
Jan 1–Jun 10 ..............................
Sept 1–Dec 31 ............................
n/a ...............................................
n/a
n/a
n/a
n/a
n/a
37,660
36,184
155
149
1,160
1,114
6,496
6,241
n/a
Jan 20–Apr 1 ...............................
Apr 1–Jun 10 ...............................
Jun 10–Nov 1 ..............................
Jan 20–Apr 1 ...............................
Apr 1- Jun 10 ..............................
Jun 10-Nov 1 ...............................
Jan 20–Apr 1 ...............................
Apr 1–Jun 10 ...............................
Jun 10–Nov 1 ..............................
Jan 20–Apr 1 ...............................
Apr 1–Jun 10 ...............................
Jun 10–Nov 1 ..............................
Jan 20–Apr 1 ...............................
Apr 1–Jun 10 ...............................
Jun 10–Nov 1 ..............................
Jan 1–Apr 30 ...............................
Apr 30–Aug 31 ............................
Aug 31–Dec 31 ...........................
24,932
3,706
5,054
2,630
877
0
15,322
5,107
0
2,471
824
0
12,851
4,284
0
1,281
427
427
1 The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC allocated to the hook-and-line
and pot sectors. The Regional Administrator approves an ICA of 500 mt for 2008 and 2009 based on anticipated incidental catch in these fisheries.
2 The 2009 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not
be known until eligible participants apply for participation in the program by November 1, 2008.
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 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 hookand-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 2008 fishing year
to ensure those fisheries are conducted
concurrently with the halibut IFQ
fishery. Concurrent sablefish and
halibut IFQ fisheries reduces the
potential for discards of halibut and
sablefish in those fisheries. The
sablefish IFQ fisheries will remain
closed at the beginning of each fishing
year until the final specifications for the
sablefish IFQ fisheries are in effect.
Table 6 lists the 2008 and 2009 gear
allocations of the sablefish TAC and
CDQ reserve amounts.
TABLE 6.—2008 AND 2009 GEAR SHARES AND CDQ RESERVE OF BSAI SABLEFISH TACS
[Amounts are in metric tons]
pwalker on PROD1PC71 with RULES
Subarea and gear
Percent of
TAC
2008 share
of TAC
2008 ITAC
2008 CDQ
reserve
2009 share
of TAC
2009 ITAC
2009 CDQ
reserve
Bering Sea:
Trawl 1 .................................
Hook-and-line/pot gear 2 .....
50
50
1,430
1,430
1,216
1,144
107
286
1,305
n/a
1,109
n/a
98
n/a
TOTAL .........................
100
2,860
2,360
393
1,305
1,109
98
Aleutian Islands:
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Federal Register / Vol. 73, No. 38 / Tuesday, February 26, 2008 / Rules and Regulations
TABLE 6.—2008 AND 2009 GEAR SHARES AND CDQ RESERVE OF BSAI SABLEFISH TACS—Continued
[Amounts are in metric tons]
Percent of
TAC
Subarea and gear
2008 share
of TAC
2008 CDQ
reserve
2008 ITAC
2009 share
of TAC
2009 CDQ
reserve
2009 ITAC
Trawl 1 .................................
Hook-and-line/pot gear 2 .....
25
75
610
1,830
519
1,464
46
366
558
n/a
474
n/a
42
n/a
TOTAL .........................
100
2,440
1,983
412
558
474
42
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. The Council recommended that specifications for the hook-and-line gear sablefish IFQ fisheries be limited to 1 year.
Allocation of the Aleutian Islands
Pacific Ocean Perch, Flathead Sole,
Rock Sole, and Yellowfin Sole TACs
Sections 679.20(a)(10)(i) and (ii)
require the allocation of the Aleutian
Islands Pacific ocean perch, flathead
sole, rock sole, and yellowfin sole TACs
in the BSAI, after subtraction of 10.7
percent for the CDQ reserve and an ICA
for the BSAI trawl limited access sector
and vessels using non-trawl gear, to the
Amendment 80 sector. The allocation of
the ITAC for Aleutian Islands Pacific
ocean perch, flathead sole, rock sole,
and yellowfin sole to the Amendment
80 sector is established in Tables 33 and
34 to part 679 and 679.91. The 2009
allocations for Amendment 80 species
between Amendment 80 cooperatives
and limited access sector will not be
known until eligible participants apply
for participation in the program by
November 1, 2008. Table 7 lists the 2008
and 2009 allocations and seasonal
apportionments of the Aleutian Islands
Pacific ocean perch, flathead sole, rock
sole, and yellowfin sole TACs.
TABLE 7.—2008 AND 2009 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS),
AND AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, FLATHEAD SOLE, ROCK SOLE,
AND YELLOWFIN SOLE TACS
[Amounts are in metric tons]
Pacific ocean perch
Flathead sole
Yellowfin sole
BSAI
BSAI
BSAI
2008 and 2009
2008 and 2009
Eastern Aleutian
District
TAC ..............................
CDQ .............................
ICA ...............................
BSAI trawl limited access ..........................
Amendment 80 .............
Amendment 80 limited
access1 .....................
Amendment 80 cooperatives1 ................
Central Aleutian
District
2008
Sector
Western Aleutian
District
Rock sole
2009
2008
2009
2008
2009
4,900
524
100
4,810
515
100
4,990
534
10
4,900
524
10
7,610
814
10
7,490
801
10
50,000
5,350
4,500
214
4,062
420
3,776
222
4,224
437
3,929
136
6,650
134
6,545
2,154
0
2,240
0
3,526
1,908
0
1,984
0
3,124
2008
2009
75,000
8,025
5,000
225,000
24,075
2,000
205,000
21,935
2,000
0
40,150
0
61,975
44,512
154,413
37,368
143,697
0
4,392
14,972
61,431
0
0
35,758
47,003
92,982
0
1 The
2009 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not
be known until eligible participants apply for participation in the program by November 1, 2008.
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Allocation of PSC Limits for Halibut,
Salmon, Crab, and Herring
Section 679.21(e) sets forth the BSAI
PSC limits. Pursuant to 679.21(e)(1)(iv)
and (e)(2), the 2008 and 2009 BSAI
halibut mortality limits are 3,675 mt for
trawl fisheries and 900 mt for the nontrawl fisheries. Section 679.21(e)(3)(i)
allocates 276 mt of the trawl halibut
mortality limit and 679.21(e)(4)(i)(A)
allocates 7.5 percent, or 67 mt, of the
non-trawl halibut mortality limit as the
PSQ reserve for use by the groundfish
CDQ program. Section 679.21(e)(1)(vii)
specifies 29,000 fish as the 2008 and
2009 Chinook salmon PSC limit for the
Bering Sea subarea pollock fishery.
Section 679.21(e)(3)(i)(A)(3)(i) allocates
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7.5 percent, or 2,175 Chinook salmon, as
the PSQ reserve 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 2008 and 2009
Chinook salmon PSC limit for the AI
subarea pollock fishery. Section
679.21(e)(3)(i)(A)(3)(i) allocates 7.5
percent, or 53 Chinook salmon, as the
AI subarea PSQ for the CDQ program
and allocates the remaining 647
Chinook salmon to the non-CDQ
fisheries. Section 679.21(e)(1)(viii)
specifies 42,000 fish as the 2008 and
2009 non-Chinook salmon PSC limit.
Section 679.21(e)(3)(i)(A)(3)(ii) allocates
10.7 percent, or 4,494 non-Chinook
salmon, as the PSQ for the CDQ program
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and allocates the remaining 37,506 nonChinook salmon to the non-CDQ
fisheries.
PSC limits for crab and herring are
specified annually based on abundance
and spawning biomass. The red king
crab mature female abundance is
estimated from the 2007 survey data at
33.4 million red king crabs, and the
effective spawning biomass is estimated
at 73 million pounds (33,113 mt). Based
on the criteria set out at (679.21(e)(1)(ii),
the 2008 and 2009 PSC limit of red king
crab in Zone 1 for trawl gear is 197,000
animals. This limit derives from the
mature female abundance of more than
8.4 million king crab and the effective
spawning biomass estimate of more than
55 million pounds (24,948 mt).
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Section 679.21(e)(3)(ii)(B)(2)
establishes criteria under which NMFS
must specify an annual red king crab
bycatch limit for the Red King Crab
Savings Subarea (RKCSS). The bycatch
limit cannot exceed 25 percent of the
red king crab PSC allowance based on
the need to optimize the groundfish
harvest relative to red king crab bycatch.
In December 2007, the Council
recommended and NMFS approves that
the red king crab bycatch limit be equal
to 25 percent of the red king crab PSC
allowance within the RKCSS (Table 8b).
Based on 2007 survey data, Tanner
crab (Chionoecetes bairdi) abundance is
estimated at 787 million animals. Given
the criteria set out at 679.21(e)(1)(iii),
the 2008 and 2009 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 derive from the C.
bairdi crab abundance estimate of more
than 400 million animals.
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 2007 survey
estimate of 3.33 billion animals, the
calculated limit is 4,350,000 animals.
Pursuant to 679.21(e)(1)(vi), the PSC
limit of Pacific herring caught while
conducting any trawl operation for BSAI
groundfish is 1 percent of the annual
eastern Bering Sea herring biomass. The
best estimate of 2008 and 2009 herring
biomass is 172,644 mt. This amount was
derived using 2007 survey data and an
age-structured biomass projection model
developed by the Alaska Department of
Fish and Game. Therefore, the herring
PSC limit for 2008 and 2009 is 1,727 mt
for all trawl gear as presented in Tables
8a and 8b.
Section 679.21(e)(3) requires, after
subtraction of PSQ reserves, that crab
and halibut trawl PSC be apportioned
between the BSAI trawl limited access
and Amendment 80 sectors as presented
in Table 8a. The amount of 2008 PSC
assigned to the Amendment 80 sector is
specified in Table 35 to part 679.
Pursuant to 679.21(e)(1)(iv) and
679.91(d) through (f), crab and halibut
trawl PSC assigned to the Amendment
80 sector is then sub-allocated to
Amendment 80 cooperatives as PSC
cooperative quota (CQ) and to the
Amendment 80 limited access fishery as
presented in Tables 8d and 8e. PSC CQ
assigned to Amendment 80 cooperatives
is not allocated to specific fishery
categories. The 2009 PSC allocations
between Amendment 80 cooperatives
and the Amendment 80 limited access
sector will not be known until eligible
participants apply for participation in
the program by November 1, 2008.
Section 679.21(e)(3)(i)(B) requires the
apportionment of each trawl PSC limit
not assigned to Amendment 80
cooperatives into PSC bycatch
allowances for seven specified fishery
categories.
Sections 679.21(e)(4)(i)(B) and (C)
authorize the apportionment of the nontrawl halibut PSC limit into PSC
bycatch allowances among six fishery
categories. Table 8c lists the 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 after consultation with the
Council, NMFS exempts pot gear, jig
gear, and the sablefish IFQ hook-andline 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,
and (3) the sablefish and halibut IFQ
fisheries have low halibut bycatch
mortality because the IFQ program
requires legal-size halibut to be retained
by vessels using hook-and-line gear if a
halibut IFQ permit holder or a hired
master is aboard and is holding unused
halibut IFQ (subpart D of 50 CFR part
679). In 2007, total groundfish catch for
the pot gear fishery in the BSAI was
approximately 19,496 mt, with an
associated halibut bycatch mortality of
about 5 mt. The 2007 jig gear fishery
harvested about 89 mt of groundfish.
Most vessels in the jig gear fleet are less
than 60 ft (18.3 m) LOA and thus are
exempt from observer coverage
requirements. As a result, observer data
are not available on halibut bycatch in
the jig gear fishery. However, a
negligible amount of halibut bycatch
mortality is assumed because of the
selective nature of jig gear and the low
mortality rate of halibut caught with jig
gear and released.
Section 679.21(e)(5) authorizes
NMFS, after consultation with the
Council, to establish seasonal
apportionments of PSC amounts for the
BSAI trawl limited access and
Amendment 80 limited access sectors in
order to maximize the ability of the fleet
to harvest the available groundfish TAC
and to minimize bycatch. The factors 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 Council
recommended and NMFS approves the
seasonal PSC apportionments in Tables
8c and 8e to maximize harvest among
gear types, fisheries, and seasons while
minimizing bycatch of PSC based on the
above criteria.
TABLE 8A.—2008 AND 2009 APPORTIONMENT OF PROHIBITED SPECIES CATCH ALLOWANCES TO NON-TRAWL GEAR, THE
CDQ PROGRAM, AMENDMENT 80, AND THE BSAI TRAWL LIMITED ACCESS SECTORS
pwalker on PROD1PC71 with RULES
PSC species
Total nontrawl PSC
Halibut mortality (mt)
BSAI .............................
Herring (mt) BSAI ............
Red king crab (animals)
Zone 1 2 ........................
C. opilio (animals)
COBLZ 2 .......................
C. bairdi crab (animals)
Zone 1 2 ........................
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Non-trawl
PSC
remaining
after CDQ
PSQ 1
Total trawl
PSC
Trawl PSC
remaining
after CDQ
PSQ 1
Amendment 80 sector
CDQ PSQ
reserve 1
2008
2009
BSAI trawl
limited access fishery
900
n/a
832
n/a
3,675
1,726
3,400
n/a
343
n/a
2,525
n/a
2,475
n/a
875
n/a
n/a
n/a
197,000
175,921
21,079
109,915
104,427
53,797
n/a
n/a
4,350,000
3,884,550
465,450
2,386,668
2,267,412
1,248,494
n/a
n/a
980,000
875,140
104,860
460,674
437,658
411,228
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TABLE 8A.—2008 AND 2009 APPORTIONMENT OF PROHIBITED SPECIES CATCH ALLOWANCES TO NON-TRAWL GEAR, THE
CDQ PROGRAM, AMENDMENT 80, AND THE BSAI TRAWL LIMITED ACCESS SECTORS—Continued
PSC species
Total nontrawl PSC
C. bairdi crab (animals)
Zone 2 2 ........................
Non-trawl
PSC
remaining
after CDQ
PSQ 1
n/a
n/a
Amendment 80 sector
Trawl PSC
remaining
after CDQ
PSQ 1
Total trawl
PSC
2,970,000
CDQ PSQ
reserve 1
2,652,210
BSAI trawl
limited access fishery
2008
2009
784,789
745,536
317,790
1,241,500
1 Section
679.21(e)(3)(i) allocates 276 mt of the trawl halibut mortality limit and § 679.21(e)(4)(i)(a) allocates 7.5 percent, or 67 mt, of the nontrawl halibut mortality limit as the PSQ reserve for use by the groundfish CDQ program. The PSQ reserve for crab species is 10.7 percent of
each crab PSC limit.
2 Refer to 50 CFR § 679.2 for definitions of areas.
TABLE 8B.—2008 AND 2009 HERRING AND RED KING CRAB SAVINGS SUBAREA PROHIBITED SPECIES CATCH
ALLOWANCES FOR ALL TRAWL SECTORS
Red king crab
(animals)
Zone 1
Herring (mt)
BSAI
Fishery categories
Yellowfin sole ...................................................................................................................................................
Rock sole/flathead sole/other flatfish 1 ............................................................................................................
Turbot/arrowtooth/sablefish 2 ...........................................................................................................................
Rockfish ...........................................................................................................................................................
Pacific cod .......................................................................................................................................................
Midwater trawl pollock .....................................................................................................................................
Pollock/Atka mackerel/other species 3 .............................................................................................................
Red king crab savings subarea Non-pelagic trawl gear 4 ...............................................................................
Total trawl PSC ................................................................................................................................................
148
26
12
9
26
1,318
187
n/a
1,726
n/a
n/a
n/a
n/a
n/a
n/a
n/a
49,250
197,000
1 ‘‘Other flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), flathead sole, Greenland turbot, rock
sole, yellowfin sole, and arrowtooth flounder.
2 Greenland turbot, arrowtooth flounder, and sablefish fishery category.
3 Non-pelagic pollock, Atka mackerel, and ‘‘other species’’ fishery category.
4 In October 2007 the Council recommended that the red king crab bycatch limit for non-pelagic trawl fisheries within the RKCSS be limited to
25 percent of the red king crab PSC allowance (see ( 679.21(e)(3)(ii)(B)(2)).
TABLE 8C.—2008 AND 2009 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL LIMITED ACCESS
SECTOR AND NON-TRAWL FISHERIES
Prohibited species and area 1
BSAI trawl limited access fisheries
Halibut
mortality
(mt) BSAI
Yellowfin sole ............................................
Rock sole/flathead sole/other flatfish 2 ......
Turbot/arrowtooth/sablefish 3 ....................
Rockfish ....................................................
Pacific cod .................................................
Pollock/Atka mackerel/other species ........
Total BSAI trawl limited access PSC .......
Non-trawl fisheries
162
0
0
3
585
125
875
Catcher
processor
Pacific cod—Total .....................................
January 1–June 10 ............................
June 10–August 15 ............................
August 15–December 31 ...................
pwalker on PROD1PC71 with RULES
Red king crab
(animals)
Zone 1
1,176,494
0
0
2,000
50,000
20,000
1,248,494
C. bairdi
(animals)
Zone 1
346,228
0
0
60,000
60,000
5,000
411,228
Zone 2
1,185,500
0
0
1,000
50,000
5,000
1,241,500
Catcher
vessel
760
314
0
446
Other non-trawl—Total ..............................
May 1–December 31 .........................
Groundfish pot and jig ...............................
Sablefish hook-and-line .............................
Total non-trawl PSC ..................................
47,397
0
0
0
6,000
400
53,797
C. opilio
(animals)
COBLZ
15
10
3
2
58
58
exempt
exempt
833
1 Refer
to § 679.2 for definitions of areas.
flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), flathead sole, Greenland turbot, rock
sole, yellowfin sole, and arrowtooth flounder.
3 Greenland turbot, arrowtooth flounder, and sablefish fishery category.
2 ‘‘Other
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TABLE 8D.—2008 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI AMENDMENT 80 COOPERATIVES
Prohibited species and area 1
Year
Red king crab
(animals) Zone 1
C. opilio (animals)
COBLZ
Zone 1
1,837
78,631
1,632,432
340,520
2008
1 Refer
C. bairdi (animals)
Halibut mortality (mt)
BSAI
Zone 2
580,311
to § 679.2 for definitions of areas.
TABLE 8E.—2008 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI AMENDMENT 80 LIMITED ACCESS
FISHERIES
Prohibited species and area 1
Amendment 80 limited access fisheries
Halibut mortality (mt)
BSAI
Yellowfin sole .......................................................................
Jan 20–Jul 1 .................................................................
Jul 1–Dec 31 .................................................................
Rock sole/other flat/flathead sole 2 ......................................
Jan 20–Apr 1 ................................................................
Apr 1–Jul 1 ...................................................................
July 1–Dec 31 ...............................................................
Turbot/arrowtooth/sablefish 3 ...............................................
Rockfish ...............................................................................
Pacific cod ............................................................................
Pollock/Atka mackerel/other species ...................................
Total Amendment 80 trawl limited access PSC ..................
Red king crab
(animals) Zone
1
C. opilio (animals) COBLZ
6,100
5,900
200
25,000
24,632
184
184
n/a
n/a
184
0
31,284
660,000
650,000
10,000
93,395
90,235
1,660
1,500
7,542
n/a
840
0
754,235
363
214
149
224
180
20
24
n/a
50
1
50
688
C. bairdi (animals)
Zone 1
Zone 2
63,154
58,500
4,654
56,677
50,000
3,500
3,177
n/a
n/a
323
0
120,154
155,318
125,318
30,000
48,266
42,160
3,053
3,053
n/a
n/a
893
0
204,477
1 Refer
to § 679.2 for definitions of areas.
flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), flathead sole, Greenland turbot, rock
sole, yellowfin sole, and arrowtooth flounder.
3 Greenland turbot, arrowtooth flounder, and sablefish fishery category.
2 ‘‘Other
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.
NMFS approves the halibut DMRs
developed and recommended by the
International Pacific Halibut
Commission (IPHC) and the Council for
the 2008 and 2009 BSAI groundfish
fisheries for use in monitoring the 2008
and 2009 halibut bycatch allowances
(see Tables 8a–e). The IPHC developed
these DMRs for the 2008 and 2009 BSAI
non-CDQ fisheries using the 10-year
mean DMRs for those fisheries. The
IPHC developed the DMRs for the 2008
and 2009 BSAI CDQ fisheries using the
1998 to 2006 DMRs for those fisheries.
The IPHC will analyze observer data
annually and recommend changes to the
DMR when a fishery DMR shows large
variation from the mean. A copy of the
document explaining these DMRs is
available from the Council (see
ADDRESSES) and the DMRs are discussed
in the final 2007 SAFE report dated
November 2007. Table 9 lists the 2008
and 2009 DMRs.
TABLE 9.—2008 AND 2009 PACIFIC HALIBUT DISCARD MORTALITY RATES FOR THE BSAI
Halibut discard
mortality rate
(percent)
Gear
Fishery
Non-CDQ hook-and-line .........................................................
Greenland turbot ....................................................................
Other species .........................................................................
Pacific cod ..............................................................................
Rockfish ..................................................................................
Arrowtooth flounder ................................................................
Atka mackerel .........................................................................
Flathead sole ..........................................................................
Greenland turbot ....................................................................
Non-pelagic pollock ................................................................
Pelagic pollock .......................................................................
Other flatfish ...........................................................................
Other species .........................................................................
Pacific cod ..............................................................................
Rockfish ..................................................................................
Rock sole ................................................................................
Sablefish .................................................................................
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Non-CDQ trawl .......................................................................
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13
11
11
17
75
76
70
70
74
88
74
70
70
76
80
75
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Federal Register / Vol. 73, No. 38 / Tuesday, February 26, 2008 / Rules and Regulations
TABLE 9.—2008 AND 2009 PACIFIC HALIBUT DISCARD MORTALITY RATES FOR THE BSAI—Continued
Gear
Halibut discard
mortality rate
(percent)
Fishery
Non-CDQ Pot .........................................................................
CDQ trawl ...............................................................................
CDQ hook-and-line .................................................................
CDQ pot ..................................................................................
Directed Fishing Closures
In accordance with 679.20(d)(1)(i), the
Regional Administrator may establish a
DFA for a species or species group if the
Regional Administrator determines that
any allocation or apportionment of a
target species or ‘‘other species’’
category has been or will be reached. If
the Regional Administrator establishes a
DFA, and that allowance is or will be
reached before the end of the fishing
year, NMFS will prohibit directed
fishing for that species or species group
in the specified subarea or district (see
697.20(d)(1)(iii)). Similarly, pursuant to
679.21(e), if the Regional Administrator
determines that a fishery category’s
Yellowfin sole .........................................................................
Other species .........................................................................
Pacific cod ..............................................................................
Atka mackerel .........................................................................
Flathead sole ..........................................................................
Non-pelagic pollock ................................................................
Pelagic pollock .......................................................................
Rockfish ..................................................................................
Rock sole ................................................................................
Yellowfin sole .........................................................................
Greenland turbot ....................................................................
Pacific cod ..............................................................................
Pacific cod ..............................................................................
Sablefish .................................................................................
bycatch allowance of halibut, red king
crab, C. bairdi crab, or C. opilio crab for
a specified area has been reached, the
Regional Administrator will prohibit
directed fishing for each species in that
category in the specified area.
The Regional Administrator has
determined that the groundfish
allocation amounts in Table 10 will be
necessary as incidental catch to support
other anticipated groundfish fisheries
for the 2008 and 2009 fishing years.
Consequently, in accordance with
679.20(d)(1)(i), the Regional
Administrator establishes the DFA for
the species and species groups in Table
10 as zero. Therefore, in accordance
80
7
7
85
87
86
90
82
86
86
4
10
7
34
with 679.20(d)(1)(iii), NMFS is
prohibiting directed fishing for these
sectors and species in the specified
areas effective at 1200 hrs, A.l.t.,
February 26, 2008, through 2400 hrs,
A.l.t., December 31, 2009. Also, the
bycatch allowances of halibut in Table
10 are zero mt and the bycatch
allowances of red king crab, C. bairdi
crab, and C. opilio crab in Table 10 are
0 animals. Therefore, in accordance
with 679.21(e)(7), NMFS is prohibiting
directed fishing for these sectors and
fishery categories in the specified areas
effective at 1200 hrs, A.l.t., February 26,
2008, through 2400 hrs, A.l.t., December
31, 2009.
TABLE 10.—2008 AND 2009 DIRECTED FISHING CLOSURES 1
[Groundfish and halibut amounts are in metric tons. Crab amounts are in number of animals.]
2008 Incidental catch
allowance
2009 Incidental catch
allowance
Pollock ..............................................
ICA pollock .......................................
‘‘Other rockfish’’ ................................
ICA Atka mackerel ............................
10
1,600
497
1,400
10
1,600
497
1,400
ICA Pacific ocean perch ...................
ICA Atka mackerel ............................
100
10
100
10
ICA Pacific ocean perch ...................
ICA Atka mackerel ............................
10
10
10
10
ICA Pacific ocean perch ...................
Pacific ocean perch ..........................
‘‘Other rockfish’’ ................................
ICA pollock .......................................
Northern rockfish ..............................
Shortraker rockfish ...........................
Rougheye rockfish ............................
‘‘Other species’’ ................................
ICA Pacific cod .................................
ICA flathead sole ..............................
ICA rock sole ....................................
ICA yellowfin sole .............................
10
3,570
383
31,500
7,567
392
187
42,500
500
4,500
5,000
2,000
10
3,485
383
31,500
7,520
392
187
51,000
500
4,500
5,000
2,000
Sector
Species
Bogoslof District ................................
Aleutian Islands subarea ...................
All ......................................................
All ......................................................
Eastern Aleutian District/Bering Sea
Non-amendment 80 and BSAI trawl
limited access.
Central Aleutian District/Bering Sea
Non-amendment 80 and BSAI trawl
limited access.
Western Aleutian District/Bering Sea
Non-amendment 80 and BSAI trawl
limited access.
Bering Sea subarea ..........................
All ......................................................
Bering Sea and Aleutian Islands ......
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Area
All ......................................................
Hook-and-line and pot gear ..............
Non-amendment 80 ..........................
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TABLE 10.—2008 AND 2009 DIRECTED FISHING CLOSURES 1—Continued
[Groundfish and halibut amounts are in metric tons. Crab amounts are in number of animals.]
Area
2008 Incidental catch
allowance
Sector
Species
BSAI trawl limited access .................
Rock sole/flathead sole/other flatfish—halibut mortality, red king
crab zone 1, C. opilio COBLZ, C.
bairdi Zone 1 and 2.
Turbot/arrowtooth/sablefish—halibut
mortality, red king crab zone 1, C.
opilio COBLZ, C. bairdi Zone 1
and 2.
Rockfish—red king crab zone 1 .......
Turbot/arrowtooth/sablefish—halibut
mortality, red king crab zone 1, C.
bairdi Zone 1 and 2.
Rockfish—red king crab zone 1, C.
opilio COBLZ, C. bairdi Zone 1
and 2.
Pollock/Atka mackerel/other species—red king crab zone 1, C.
opilio COBLZ, C. bairdi Zone 1
and 2.
Amendment 80 limited access .........
pwalker on PROD1PC71 with RULES
1 Maximum
0
0
0
0
0
0
0
n/a
0
n/a
0
n/a
retainable amounts may be found in Table 11 to 50 CFR part 679.
Under authority of the final 2008 and
2009 harvest specifications (72 FR 9451,
March 2, 2007), NMFS prohibited
directed fishing for Atka mackerel in the
Eastern Aleutian District and the Bering
Sea subarea of the BSAI for vessels
participating in the BSAI trawl limited
access fishery effective 1200 hrs, A.l.t.,
January 20, 2008, through 1200 hrs,
A.l.t., September 1, 2008 (73 FR 4494,
January 25, 2008). NMFS opened the
first directed fisheries in the HLA in
Area 542 and Area 543 effective 1200
hrs, A.l.t., January 22, 2008. The first
HLA fishery in Area 542 remained open
through 1200 hrs, A.l.t., February 5,
2008. The first HLA fishery in Area 543
remained open through 1200 hrs, A.l.t.,
February 5, 2008. The second directed
fisheries in the HLA in Area 542 and
Area 543 opened effective 1200 hrs,
A.l.t., February 7, 2008. The second
HLA fishery in Area 542 remained open
through 1200 hrs, A.l.t., February 21,
2008. The second HLA fishery in Area
543 remained open through 1200 hrs,
A.l.t., February 21, 2008. NMFS
prohibited directed fishing for Pacific
cod by catcher vessels 60 ft (18.3 m)
LOA and longer using pot gear in the
BSAI, effective 12 hrs, A.l.t., January 18,
2008, through 1200 hrs, A.l.t.,
September 1, 2008 (73 FR 3879, January
23, 2008). NMFS prohibited directed
fishing for Pacific cod by catcher/
processor vessels using pot gear in the
BSAI, effective 12 noon, A.l.t., January
20, 2008, through 1200 hrs, A.l.t.,
September 1, 2008 (73 FR 3879, January
23, 2008). NMFS prohibited directed
fishing for Pacific cod for vessels
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participating in the Amendment 80
limited access fishery in the BSAI,
effective 12 noon, A.l.t., January 20,
2008, through 1200 hrs, A.l.t.,
September 1, 2008 (73 FR 4760, January
28, 2008). NMFS prohibited directed
fishing for Atka mackerel for vessels
participating in the Amendment 80
limited access fishery in the Eastern
Aleutian District and Bering Sea subarea
of the BSAI, effective 12 noon, A.l.t.,
February 5, 2008, through 1200 hrs,
A.l.t., September 1, 2008 (73 FR 7480,
February 8, 2008). NMFS prohibited
directed fishing for Pacific cod by
catcher processors using hook-and-line
gear in the BSAI, effective 12 noon,
A.l.t., February 8, 2008, through June
10, 2008, (73 FR 8228, February 13,
2008). NMFS announced Atka mackerel
fishery dates for the HLA fishery in the
Central Aleutian District for the vessel
participating in the Amendment 80
cooperative, opens effective 1200 hrs,
A.l.t., February 13, 2008, through 1200
hrs, A.l.t., February 27, 2008 (73 FR
9034, February 19, 2008). NMFS
prohibited directed fishing for Pacific
cod by catcher vessels less than 60 feet
(< 18.3 meters (m)) LOA using jig or
hook-and-line gear in the Bogoslof
Pacific cod exemption area of the BSAI,
effective 12 noon, A.l.t., February 12,
2008, through 1200 hrs, A.l.t., December
31, 2008 (73 FR 8821, February 15,
2008). NMFS announced the season
opening of the sablefish fixed gear
fisheries managed under the IFQ
Program at 1200 hrs, A.l.t., March 8,
2008, and will close 1200 hrs, A.l.t.,
November 15, 2008, which will publish
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2008.
These closures remain effective under
authority of these final 2008 and 2009
harvest specifications. These closures
supersede the closures announced
under authority of the 2007 and 2008
final harvest specifications (72 FR 9451,
March 2, 2007) and revision (72 FR
71802, December 19, 2007). While these
closures are in effect, the maximum
retainable amounts at 679.20(e) and (f)
apply at any time during a fishing trip.
These closures to directed fishing are in
addition to closures and prohibitions
found in regulations at 50 CFR part 679.
Central Gulf of Alaska Rockfish Pilot
Program (Rockfish Program)
On June 6, 2005, the Council adopted
the Rockfish Program to meet the
requirements of Section 802 of the
Consolidated Appropriations Act of
2004 (Public Law 108–199). The basis
for the BSAI fishing prohibitions and
the catcher vessel BSAI Pacific cod
sideboard limits of the Rockfish
Program are discussed in detail in the
final rule to Amendment 68 to the FMP
for groundfish of the Gulf of Alaska (71
FR 67210, November 20, 2006).
Pursuant to 679.82(d)(6)(i), the catcher
vessel BSAI Pacific cod sideboard limit
is 0.0 mt. Therefore, in accordance with
679.82(d)(7)(ii), NMFS is prohibiting
directed fishing for BSAI Pacific cod in
July for catcher vessels under the
Rockfish Program sideboard limitations.
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Listed AFA Catcher/Processor
Sideboard Limits
Pursuant to 679.64(a), the Regional
Administrator is responsible for
restricting the ability of listed AFA
catcher/processors to engage in directed
fishing for groundfish species other than
pollock to protect participants in other
groundfish fisheries from adverse effects
resulting from the AFA and from fishery
cooperatives in the directed pollock
fishery. The basis for these sideboard
limits is described in detail in the final
rules implementing the major
provisions of the AFA (67 FR 79692,
December 30, 2002) and Amendment 80
(72 FR 52668, September 14, 2007).
Table 11 lists the 2008 and 2009
catcher/processor sideboard limits.
All harvests of groundfish sideboard
species made by listed AFA catcher/
10175
processors, whether as targeted catch or
incidental catch, will be deducted from
the sideboard limits in Table 11.
However, groundfish sideboard species
that are delivered to listed catcher/
processors by catcher vessels will not be
deducted from the 2008 and 2009
sideboard limits for the listed AFA
catcher/processors.
TABLE 11.—2008 AND 2009 LISTED BSAI AMERICAN FISHERIES ACT CATCHER/PROCESSOR GROUNDFISH SIDEBOARD
LIMITS
[Amounts are in metric tons]
1995–1997
Target species
Sablefish trawl .........................
Atka mackerel .........................
Yellowfin sole 4 ........................
Rock sole ................................
Greenland turbot .....................
Arrowtooth flounder .................
Flathead sole ..........................
Alaska plaice ...........................
Other flatfish ............................
Pacific ocean perch ................
Northern rockfish .....................
Shortraker rockfish ..................
Rougheye rockfish ..................
Other rockfish ..........................
Squid .......................................
Other species ..........................
Area
2008 AFA
C/P sideboard limit
2009 ITAC
available
to trawl C/
Ps 1
2009 AFA
C/P sideboard limit
Total catch
8
0
497
145
0.016
0.000
1,216
519
19
0
1,109
474
18
0
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
0.115
n/a
0.115
n/a
10,850
6,510
10,850
6,510
1,248
749
1,248
749
8,483
5,090
8,484
5,090
976
585
976
585
n/a
n/a
n/a
n/a
100,192
6,317
121
23
76
1,925
14
3,058
12
125
3
54
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
6,179
5,698
13,598
13,040
2,811
2,811
621
806
3,328
68,672
0.200
n/a
0.200
n/a
0.230
0.037
0.007
0.005
0.002
0.036
0.001
0.058
0.002
0.020
0.001
0.004
0.007
0.018
0.018
0.029
0.027
0.022
0.008
7,546
4,528
7,546
4,528
200,925
66,975
1,488
672
63,750
44,650
42,500
18,360
3,570
4,376
4,456
6,796
7,567
392
187
383
497
1,675
42,500
1,509
906
1,509
906
n/a
2,478
10
3
128
1,607
43
1,065
7
88
4
27
53
7
3
11
13
37
340
5,894
3,536
5,894
3,536
183,065
66,975
1,488
672
63,750
44,650
42,500
18,360
3,485
4,295
4,376
6,689
7,521
392
187
383
471
1,675
51,000
1,179
707
1,179
707
n/a
2,478
10
3
128
1,607
43
1,065
7
86
4
27
53
7
3
11
13
37
408
Retained
catch
BS .....................
AI ......................
Central AI
A season 2 .....
HLA limit 3 ..
B season 2 .....
HLA limit 3 ..
Western AI
A season 2 .....
HLA limit 3 ..
B season 2 .....
HLA limit 3 ..
BSAI .................
BSAI .................
BS .....................
AI ......................
BSAI .................
BSAI .................
BSAI .................
BSAI .................
BS .....................
Eastern AI .........
Central AI .........
Western AI ........
BSAI .................
BSAI .................
BSAI .................
BS .....................
AI ......................
BSAI .................
BSAI .................
2008 ITAC
available
to trawl C/
Ps 1
Ratio of
retained
catch to
total catch
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1 Atka mackerel, flathead sole, rock sole, yellowfin sole, and Aleutian Islands Pacific ocean perch are multiplied by the remainder of the TAC
after the subtraction of the CDQ reserve under § 679.20(b)(1)(ii)(C).
2 The seasonal apportionment of Atka mackerel in the open access fishery is 50 percent in the A season and 50 percent in the B season. Listed AFA catcher/processors are limited to harvesting no more than zero in the Eastern Aleutian District and Bering Sea subarea, 20 percent of
the annual ITAC specified for the Western Aleutian District, and 11.5 percent of the annual ITAC specified for the Central Aleutian District.
3 Harvest Limit Area (HLA) limit refers to the amount of each seasonal allowance that is available for fishing inside the HLA (see § 679.2). In
2008 and 2009, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts.
4 Section 679.64(a)(1)(v) exempts AFA catcher/processors from a yellowfin sole sideboard limit because the 2008 and 2009 aggregate ITAC of
yellowfin sole assigned to the Amendment 80 sector and BSAI trawl limited access sector (200,925 mt in 2008 and 180,065 mt in 2009) is greater than 125,000 mt.
Section 679.64(a)(2) and Tables 40
and 41 of part 679 establish a formula
for calculating PSC sideboard limits for
listed AFA catcher/processors. The
basis for these sideboard limits is
described in detail in the final rules
implementing the major provisions of
the AFA (67 FR 79692, December 30,
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2002) and Amendment 80 (72 FR 52668,
September 14, 2007).
PSC species listed in Table 12 that are
caught by listed AFA catcher/processors
participating in any groundfish fishery
other than pollock will accrue against
the 2008 and 2009 PSC sideboard limits
for the listed AFA catcher/processors.
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Section 679.21(e)(3)(v) authorizes NMFS
to close directed fishing for groundfish
other than pollock for listed AFA
catcher/processors once a 2008 or 2009
PSC sideboard limit listed in Table 12
is reached.
Crab or halibut PSC caught by listed
AFA catcher/processors while fishing
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for pollock 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 12.—2008 AND 2009 BSAI AMERICAN FISHERIES ACT LISTED CATCHER/PROCESSOR PROHIBITED SPECIES
SIDEBOARD LIMITS
2008 and 2009
PSC available to
trawl vessels after
subtraction of PSQ 1
Ratio of PSC catch
to total PSC
PSC species and area 2
Halibut mortality BSAI ..................................................................
Red king crab zone 1 ..................................................................
C. opilio (COBLZ) ........................................................................
C. bairdi
Zone 1 ..................................................................................
Zone 2 ..................................................................................
2008 and 2009
C/P sideboard limit 1
n/a
0.007
0.153
n/a
175,921
3,884,550
286
1,231
594,336
0.140
0.050
875,140
2,652,210
122,520
132,611
1 Halibut
2 Refer
amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
to § 679.2 for definitions of areas.
AFA Catcher Vessel Sideboard Limits
Pursuant to 679.64(a), the Regional
Administrator is responsible for
restricting the ability of AFA catcher
vessels to engage in directed fishing for
groundfish species other than pollock to
protect participants in other groundfish
fisheries from adverse effects resulting
from the AFA and from fishery
cooperatives in the directed pollock
fishery. Section 679.64(b) establishes a
formula for setting AFA catcher vessel
groundfish and PSC sideboard limits for
the BSAI. The basis for these sideboard
limits is described in detail in the final
rules implementing the major
provisions of the AFA (67 FR 79692,
December 30, 2002) and Amendment 80
(72 FR 52668, September 14, 2007).
Tables 13 and 14 list the 2008 and 2009
AFA catcher vessel sideboard limits.
All harvests of groundfish sideboard
species made by non-exempt AFA
catcher vessels, whether as targeted
catch or incidental catch, will be
deducted from the 2008 and 2009
sideboard limits listed in Table 13.
TABLE 13.—2008 AND 2009 AMERICAN FISHERIES ACT CATCHER VESSEL BSAI GROUNDFISH SIDEBOARD LIMITS
[Amounts are in metric tons]
Species
Fishery by area/gear/season
Pacific cod ....................................
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 hookand-line or pot gear.
Trawl gear CV
Jan 20–Apr 1 ............................
Apr 1–Jun 10 ............................
Jun 10–Nov 1 ............................
BS trawl gear ................................
AI trawl gear .................................
Eastern AI/BS
Jan 1–Apr 15 ............................
Sept 1–Nov 1 ............................
Central AI
Jan–Apr 15 ................................
HLA limit ....................................
Sept 1–Nov 1 ............................
HLA limit ....................................
Western AI
Jan–Apr 15 ................................
HLA limit ....................................
Sept 1–Nov 1 ............................
HLA limit ....................................
BSAI ..............................................
BSAI ..............................................
BS .................................................
AI ..................................................
Sablefish .......................................
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Atka mackerel ...............................
Yellowfin sole 2 .............................
Rock sole ......................................
Greenland turbot ...........................
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Ratio of
1995–1997
AFA CV
catch to
1995–1997
TAC
2008 initial
TAC1
2008 AFA
catcher vessel
sideboard
limits
2009 initial
TAC 1
2009 AFA
catcher
vessel
sideboard
limits
0.0000
n/a
0.0006
0.0006
n/a
0.0006
0.0006
0.0006
2,134
n/a
155
149
n/a
6,496
6,241
3,033
0
n/a
0
0
n/a
4
4
2
2,134
n/a
155
149
n/a
6,496
6,241
3,033
0
n/a
0
0
n/a
4
4
2
0.8609
0.8609
0.8609
0.0906
0.0645
24,932
3,706
5,054
1,216
519
21,464
3,190
4,351
110
33
24,932
3,706
5,054
1,109
474
21,464
3,190
4,351
100
31
0.0032
0.0032
8,706
8,707
28
28
6,831
6,832
22
22
0.0001
0.0001
0.0001
0.0001
10,850
6,510
10,850
6,510
1
1
1
1
8,483
5,090
8,484
5,090
1
1
1
1
0.0000
n/a
0.0000
n/a
0.0647
0.0341
0.0645
0.0205
7,546
4,528
7,546
4,528
200,925
66,975
1,488
672
0
0
0
0
n/a
2,284
96
14
5,894
3,536
5,894
3,536
183,065
66,975
1,488
672
0
0
0
0
n/a
2,284
96
14
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TABLE 13.—2008 AND 2009 AMERICAN FISHERIES ACT CATCHER VESSEL BSAI GROUNDFISH SIDEBOARD LIMITS—
Continued
[Amounts are in metric tons]
Species
Fishery by area/gear/season
Arrowtooth flounder ......................
Alaska plaice ................................
Other flatfish .................................
Pacific ocean perch ......................
BSAI ..............................................
BSAI ..............................................
BSAI ..............................................
BS .................................................
Eastern AI .....................................
Central AI ......................................
Western AI ....................................
BSAI ..............................................
BSAI ..............................................
BSAI ..............................................
BS .................................................
AI ..................................................
BSAI ..............................................
BSAI ..............................................
BS trawl gear ................................
Northern rockfish ..........................
Shortraker rockfish .......................
Rougheye rockfish ........................
Other rockfish ...............................
Squid .............................................
Other species ...............................
Flathead sole ................................
Ratio of
1995–1997
AFA CV
catch to
1995–1997
TAC
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
2008 initial
TAC1
2008 AFA
catcher vessel
sideboard
limits
63,750
42,500
18,360
3,570
4,376
4,456
6,796
7,567
392
187
383
497
1,675
42,500
44,650
4,399
1,874
810
357
34
11
0
64
1
1
2
5
641
2,299
2,255
2009 initial
TAC 1
63,750
42,500
18,360
3,485
4,295
4,376
6,689
7,521
392
187
383
471
1,675
51,000
44,650
2009 AFA
catcher
vessel
sideboard
limits
4,399
1,874
810
349
33
11
0
63
1
1
2
4
641
2,759
2,255
1 Atka mackerel, flathead sole, rock sole, yellowfin sole, and Aleutians Islands Pacific ocean perch are multiplied by the remainder of the TAC
of that species after the subtraction of the CDQ reserve under § 679.20(b)(1)(ii)(C).
2 Section 679.64(b)(6) exempts AFA catcher vessels from a yellowfin sole sideboard limit because the 2008 and 2009 aggregate ITAC of yellowfin sole assigned to the Amendment 80 sector and BSAI trawl limited access sector (200,925 mt in 2008 and 180,065 mt in 2009) is greater
than 125,000 mt.
Halibut and crab PSC listed in Table
14 that are caught by AFA catcher
vessels participating in any groundfish
fishery for groundfish other than
pollock will accrue against the 2008 and
2009 PSC sideboard limits for the AFA
catcher vessels. Sections 679.21(d)(8)
and (e)(3)(v) authorize NMFS to close
directed fishing for groundfish other
than pollock for AFA catcher vessels
once a 2008 or 2009 PSC sideboard limit
listed in Table 14 is reached. The PSC
that is 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 14.—2008 AND 2009 AMERICAN FISHERIES ACT CATCHER VESSEL PROHIBITED SPECIES CATCH SIDEBOARD
LIMITS FOR THE BSAI 1
[Amounts are in metric tons]
AFA catcher
vessel PSC
sideboard
limit ratio
PSC species
Target fishery category 2
Halibut .........................................
2008 and
2009 PSC
limit after
subtraction
of PSQ
reserves
2008 and
2009 AFA
catcher
vessel PSC
sideboard
limit
n/a
n/a
n/a
n/a
n/a
n/a
n/a
0.299
0.168
0.330
0.186
n/a
n/a
n/a
n/a
n/a
n/a
n/a
175,921
3,884,550
875,140
2,652,210
887
2
101
228
0
2
5
52,600
652,604
288,796
493,311
Pacific cod trawl .............................................................................
Pacific cod hook-and-line or pot .....................................................
Yellowfin sole total ..........................................................................
Rock sole/flathead sole/other flatfish total 5 ...................................
Turbot/Arrowtooth/Sablefish ...........................................................
Rockfish (June 1–December 31) ....................................................
Pollock/Atka mackerel/other species ..............................................
n/a ...................................................................................................
n/a ...................................................................................................
n/a ...................................................................................................
n/a ...................................................................................................
Red king crab Zone 1 3,4 ............
C. opilio COBLZ 3 .......................
C. bairdi Zone 1 3 .......................
C. bairdi Zone 2 3 .......................
1 Halibut
amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
fishery categories are defined in regulation at §679.21(e)(3)(iv).
to §679.2 for definitions of areas.
4 In December 2007, the Council recommended that red king crab bycatch for trawl fisheries within the RKCSS be limited to 25 percent of the
red king crab PSC allowance (see §679.21(e)(3)(ii)(B)(2)).
5 ‘‘Other flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), flathead sole, Greenland turbot, rock
sole, yellowfin sole, and arrowtooth flounder.
2 Target
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AFA Catcher/Processor and Catcher
Vessel Sideboard Directed Fishing
Closures
The Regional Administrator has
determined that many of the AFA
catcher/processor and catcher vessel
sideboard limits listed in Tables 15 and
16 are necessary as incidental catch to
support other anticipated groundfish
fisheries for the 2008 fishing year. In
accordance with 679.20(d)(1)(iv), the
Regional Administrator establishes the
sideboard limits listed in Tables 15 and
16 as DFAs. The Regional Administrator
finds that many of these DFAs will be
reached before the end of the year.
Therefore, in accordance with
679.20(d)(1)(iii), NMFS is prohibiting
directed fishing by listed AFA catcher/
processors for the species in the
specified areas set out in Table 15 and
directed fishing by non-exempt AFA
catcher vessels for the species in the
specified areas set out in Table 16.
TABLE 15.—2008 AND 2009 AMERICAN FISHERIES ACT LISTED CATCHER/PROCESSOR SIDEBOARD DIRECTED FISHING
CLOSURES 1
[Amounts are in metric tons]
2008
Sideboard
limit
Species
Area
Gear types
Sablefish trawl ...................................
BS .....................................................
AI ......................................................
BSAI ..................................................
BS .....................................................
AI ......................................................
BSAI ..................................................
BSAI ..................................................
BS .....................................................
Eastern AI .........................................
Central AI ..........................................
Western AI ........................................
BSAI ..................................................
BSAI ..................................................
BSAI ..................................................
BS .....................................................
AI ......................................................
BSAI ..................................................
BSAI ..................................................
trawl ..................................................
trawl ..................................................
all ......................................................
all ......................................................
all ......................................................
all ......................................................
all ......................................................
all ......................................................
all ......................................................
all ......................................................
all ......................................................
all ......................................................
all ......................................................
all ......................................................
all ......................................................
all ......................................................
all ......................................................
all ......................................................
Rock sole ..........................................
Greenland turbot ...............................
Arrowtooth flounder ...........................
Flathead sole .....................................
Pacific ocean perch ...........................
Northern rockfish ...............................
Shortraker rockfish ............................
Rougheye rockfish ............................
Other rockfish ....................................
Squid .................................................
‘‘Other species’’ .................................
1 Maximum
19
0
2,478
10
3
128
1,607
7
88
4
27
53
7
3
11
13
37
340
2009
Sideboard
limit
18
0
2,478
10
3
128
1,607
7
86
4
27
53
7
3
11
13
37
408
retainable amounts may be found in Table 11 to 50 CFR part 679.
TABLE 16.—2008 AND 2009 AMERICAN FISHERIES ACT CATCHER VESSEL SIDEBOARD DIRECTED FISHING CLOSURES 1
[Amounts are in metric tons]
2008
Sideboard
limit
Species
Area
Gear types
Pacific cod .........................................
BSAI ..................................................
BSAI ..................................................
BSAI ..................................................
BS .....................................................
AI ......................................................
Eastern AI/BS ...................................
Central AI ..........................................
Western AI ........................................
BS .....................................................
AI ......................................................
BSAI ..................................................
BSAI ..................................................
BSAI ..................................................
BS .....................................................
Eastern AI .........................................
Central AI ..........................................
Western AI ........................................
BSAI ..................................................
BSAI ..................................................
BSAI ..................................................
BS .....................................................
AI ......................................................
BSAI ..................................................
BSAI ..................................................
hook-and-line ....................................
pot .....................................................
jig ......................................................
trawl ..................................................
trawl ..................................................
all ......................................................
all ......................................................
all ......................................................
all ......................................................
all ......................................................
all ......................................................
all ......................................................
all ......................................................
all ......................................................
all ......................................................
all ......................................................
all ......................................................
all ......................................................
all ......................................................
all ......................................................
all ......................................................
all ......................................................
all ......................................................
all ......................................................
Sablefish ............................................
Atka mackerel ...................................
Greenland turbot ...............................
Arrowtooth flounder ...........................
Flathead sole .....................................
Rock sole ..........................................
Pacific ocean perch ...........................
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Northern rockfish ...............................
Shortraker rockfish ............................
Rougheye rockfish ............................
Other rockfish ....................................
Squid .................................................
‘‘Other species’’ .................................
1 Maximum
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0
8
0
110
33
56
2
0
96
14
4,399
2,255
2,284
357
34
11
0
64
1
1
2
5
641
2,299
2009
Sideboard
limit
0
8
0
100
31
44
2
0
96
14
4,399
2,255
2,284
349
33
11
0
63
1
1
2
4
641
2,759
Federal Register / Vol. 73, No. 38 / Tuesday, February 26, 2008 / Rules and Regulations
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Response to Comments
NMFS received two letters of
comment (eight comments) in response
to the proposed 2008 and 2009 harvest
specifications. These comments are
summarized and responded to below.
Comment 1: Explain why the catch
specifications as reported in the
proposed harvest specifications
published in the Federal Register do not
match the actual numbers discussed and
recommended by the Groundfish Plan
Teams, Scientific and Statistical
Committee, or the North Pacific Fishery
Management Council in December 2007.
Response: NMFS’s primary objective
in the harvest specifications process is
the conservation and management of
fish resources. The harvest
specifications process was developed to
balance the use of the best available
scientific information from the most
recent Stock Assessment and Fishery
Evaluation (SAFE) reports with the
notice and comment procedures
required by the Administrative
Procedure Act that allow public
participation in the development of
rules for more informed agency decision
making. Chapter 3 of the Alaska
Groundfish Harvest Specifications Final
Environmental Impact Statement,
January 2007, provides a detailed
description of the harvest specifications
process and is available on the NMFS
Web site at https://www.fakr.noaa.gov/
analyses/specs/eis/final.pdf.
As explained in the proposed harvest
specifications, the Council
recommended the proposed harvest
specifications for 2008 and 2009 in
October 2007. NMFS then published the
proposed harvest specifications in the
Federal Register (72 FR 68833,
December 6, 2007). The Council used
the best information available at the
time in recommending that proposed
2008 and 2009 overfishing levels
(OFLs), acceptable biological catches
(ABCs), and total allowable catches
(TACs) be set equal to the 2008 amounts
previously published in the Federal
Register (72 FR 9451, March 2, 2007).
The proposed harvest specifications in
October 2007 were based largely on
information contained in the 2006 SAFE
reports for the BSAI groundfish
fisheries, dated November 2006, because
the 2007 SAFE reports were not
completed until November 2007.
In November 2007, the 2007 SAFE
reports were forwarded to the Council
by the Council’s Groundfish Plan
Teams. The 2007 SAFE reports are
available on the NMFS Web site at
https://www.afsc.noaa.gov/REFM/stocks/
assessments.htm. The 2007 SAFE
reports contain the best and most recent
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19:04 Feb 25, 2008
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scientific information on the condition
of the groundfish stocks, including
projected biomass trends, information
on assumed distribution of stock
biomass, and revised methods used to
calculate stock biomass. In December
2007, the Council developed
recommendations for the final harvest
specifications based on the new
information in the 2007 SAFE reports,
public testimony, and the Scientific and
Statistical Committee’s reviews of the
SAFE reports and recommendations.
NMFS reviewed the Council’s final
harvest specifications recommendations
and public comments on the proposed
harvest specifications, and determined
that the final harvest specifications were
(1) set using the most recent scientific
information according to the harvest
strategy, (2) are within the optimum
yield established for the BSAI, and (3)
do not exceed the ABC for any single
species or species complex.
Comment 2: The commenter does not
support the BSAI pollock ABC of one
million mt for 2008 and 2009, as
calculated under Tier 1. Harvest levels
should be lower because of poor pollock
recruitment, uncertainty in the strength
of year classes, and uncertainty in the
impact of global warming on pollock
stocks. The commenter recommends a
pollock ABC of 555,000 mt for 2008 and
650,000 mt for 2009, as calculated under
Tier 3b.
Response: The SSC has consistently
placed this stock in the Tier 1 category
where the estimates of stock
productivity specific to Bering Sea
subarea pollock apply (as opposed to
the proxy values used in Tier 3). This
gives a maximum permissible riskaverse ABC level of 1.17 million mt for
2008. The upper limit of the harvest
control rule has consideration of
uncertainty built in and has an added
mechanism to further reduce harvest
rates as the stock drops below the
maximum sustainable yield biomass
level. However, due to additional
concerns about stock uncertainty and
the desire to further reduce exploitation
rates, the SSC agreed with the stock
assessment authors and the Plan Team
and recommended that the 2008 and
2009 BSAI pollock ABC be set to 1
million mt, which is about 15 percent
below the maximum permissible ABC.
This corresponds to a harvest rate that
would be considerably lower than the
one used in recent years and similar to
past values.
The TACs, which are the amount of
fish the fishery may harvest, are set
either at or below the ABCs. Even
without this approximately 15 percent
reduction, the assessment model and
the harvest policy to determine ABC for
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10179
pollock is precautionary in a number of
ways: (1) There is a conservative
constraint on the stock-recruit steepness
parameter; (2) as uncertainty increases,
the ABC decreases because the estimate
of the FMSY (which is the fishing
mortality rate expected to result in a
long-term average catch approximating
maximum sustainable yield) is applied
in a formally risk-averse manner; and (3)
an added proportional drop in the
harvest rate is applied as the stock drops
below the level of biomass that results
from fishing at constant FMSY.
For the near term, the 2006 year-class
appears strong based on age-1
abundance in both the echo-integration
trawl survey and bottom trawl surveys,
suggesting that the recent spawning
levels are capable of generating good
recruitment. However, because survival
rates are variable at these young ages,
the impact of this year-class on
rebuilding the stock is uncertain.
Projections suggest that the population
is expected to rebuild to the maximum
sustainable yield level by 2010 with the
caveat that the predictive uncertainty
remains relatively high.
Comment 3: The optimum yield range
is far beyond a healthy range and allows
overfishing. Cut the ‘‘range’’ in half. All
TACs are double the size they should be
for ocean health and food to support
whales and all marine mammals.
Response: The optimum yield range
for BSAI groundfish is 85 percent of the
historical estimate of the maximum
sustainable yield (1.7 to 2.4 million mt)
or 1.4 to 2.0 million mt. The sum of the
2008 TACs is 1.8 million mt, which is
significantly below the upper end of the
optimum yield range for the BSAI.
NMFS finds that the recommended
overfishing levels are consistent with
the biological condition of groundfish
stocks as described in the 2007 SAFE
report. The overfishing levels are
harvest limits rather than targets and
ABCs and TACs are set below the
overfishing levels. Currently, no Alaska
groundfish species are known to be
overfished. See responses to comments
1 and 2.
Additionally, as detailed in the SAFE
reports, ecosystem considerations are
incorporated into the harvest
specifications process, including
consideration of the needs of marine
mammals.
Comment 4: It is difficult to
understand the process in which NMFS
addresses the impacts of the Federal
groundfish fisheries on the North Pacific
ecosystem. No existing National
Environmental Policy Act (NEPA)
document adequately assesses the
effects of the total allowable catch levels
under current circumstances. Removing
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Federal Register / Vol. 73, No. 38 / Tuesday, February 26, 2008 / Rules and Regulations
millions of tons of fish from the
ecosystem using various types of gear,
including trawl gear, is likely to have
significant effects on the environment,
and on fish habitat in particular. Given
prevailing ecological and ecosystem
conditions and the implications of
fishery removals, NMFS must prepare
an EIS to evaluate the impacts of the
2008 and 2009 harvest specifications.
Response: NMFS analyzed the
impacts of the Federal groundfish
fisheries on the North Pacific ecosystem
in the Alaska Groundfish Harvest
Specifications Final Environmental
Impact Statement, January 2007. The
EIS examined alternative harvest
strategies and projected TAC levels for
the federally managed groundfish
fisheries in the BSAI management area
that comply with Federal regulations,
the FMPs, and the Magnuson-Stevens
Act. The preferred harvest strategy
prescribes setting TACs for groundfish
species and species complexes through
the Council’s harvest specifications
process.
Each year, NMFS and the Council
utilize the best available scientific
information to derive annual harvest
specifications, which include TACs and
prohibited species catch limits for the
following two years. The Council’s
Groundfish Plan Teams and Scientific
and Statistical Committee use stock
assessments to calculate biomass,
overfishing levels, and ABC limits for
each species or species group for
specified management areas. The annual
SAFE reports include an ecosystem
considerations chapter which is used by
the stock assessment scientists in the
development of the assessments and the
recommended ABCs. The SAFE reports
detail how ecosystem considerations are
incorporated into the assessment
process.
Overfishing levels and ABCs provide
the foundation for the Council and
NMFS to develop the TACs. Overfishing
levels and ABC amounts reflect fishery
science, applied pursuant to the
requirements of the FMPs. The TACs
recommended by the Council are either
at or below the ABCs. The sum of the
TACs for each area is constrained by the
optimum yield established for that area.
The EIS evaluated the consequences
of alternative harvest strategies and
projected TAC levels on ecosystem
components and the ecosystem as a
whole. Chapter 2 of the Groundfish EIS
points to the implications of overall
declines in pollock and Pacific cod
biomass, discusses the resulting
decreases in TACs for those species, and
identifies potential increases in flatfish
TACs. These changes in abundance and
TAC levels were evaluated in the EIS.
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19:04 Feb 25, 2008
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The EIS assessed the environmental
consequences of each alternative on
target species, non-specified species,
forage species, prohibited species,
marine mammals, seabirds, essential
fish habitat, ecosystem relationships,
the economy, and environmental
justice. Ecosystem impacts were
evaluated with respect to predator-prey
relationships, energy flow and balance,
and diversity.
NMFS also prepared a Supplemental
Information Report to evaluate the need
to prepare a Supplemental EIS for the
2008 and 2009 groundfish harvest
specifications. The Supplemental
Information Report is available on the
NMFS Web site at https://
www.fakr.noaa.gov/analyses/specs/eis/
default.htm. A Supplemental EIS is
required if (1) the agency makes
substantial changes in the proposed
action that are relevant to
environmental concerns, or (2)
significant new circumstances or
information exist relevant to
environmental concerns and bearing on
the proposed action or its impacts (40
CFR 1502.9(c)(1)).
In this report, NMFS analyzed the
information contained in the Council’s
2007 SAFE reports and other
information available to NMFS and the
Council to determine whether a
Supplemental EIS should be prepared.
As described in the report, NMFS
concluded that the 2008 and 2009
harvest specifications are consistent
with the preferred alternative harvest
strategy analyzed in the EIS because
they were set through the harvest
specifications process pursuant to the
selected harvest strategy, are within the
optimum yield established for the BSAI,
and do not exceed the ABC for any
single species or species complex. The
preferred harvest strategy analyzed in
the EIS anticipated that new
information on changes in species
abundance would be used in setting the
annual harvest specifications and was
designed to adjust to such fluctuations.
As described in the Supplemental
Information Report, the information
used to set the 2008 and 2009 harvest
specifications is not significant relative
to the environmental impacts analyzed
in the EIS and it raises no new
environmental concerns significantly
different from those previously analyzed
in the EIS. The harvest specifications
process and the environmental
consequences of the selected harvest
strategy are fully described in the EIS.
Thus, NMFS concluded that the new
information available is not of a scale
and scope that require a Supplemental
EIS.
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Comment 5: NEPA and the
Magnuson-Stevens Act require NMFS to
undertake a new, credible analysis of
habitat and bycatch impacts before
raising flatfish quotas. The Essential
Fish Habitat EIS and the Alaska
Groundfish Harvest Specifications EIS
are not sufficient to evaluate the
potential impacts, including bottom
habitat impacts, of an increase in the
flatfish harvests, the use of bottom
trawls, and redistribution of fishing
effort.
Response: NMFS has performed an
appropriate analysis of the potential
impacts, including bottom habitat
impacts, of an increase in the flatfish
harvests, the use of bottom trawls, and
redistribution of fishing effort. The
Alaska Groundfish Harvest
Specifications Final EIS (Groundfish
EIS, January 2007) based its conclusions
on the Final EIS for Essential Fish
Habitat Identification and Conservation
in Alaska (EFH EIS, April 2005,
available on the NMFS Web site at
https://www.fakr.noaa.gov/habitat/seis/
efheis.htm) analysis and on the
extensive habitat protection measures
enacted after the EFH EIS was finalized.
The EFH EIS represents the best
available science and fully discloses the
uncertainties in understanding the
impacts of fishing on EFH. The EFH EIS
concludes that the effects on EFH are
minimal, although some may be
persistent, because the analysis found
no indication that continued fishing
activities at the current rate and
intensity would alter the capacity of
EFH to support healthy populations of
managed species over the long term.
Due to the uncertainties identified in
the EFH EIS, the Council recommended,
and NMFS implemented, precautionary
measures to protect nearly 300,000
square nautical miles of habitat
identified as EFH and habitat areas of
particular concern from the effects of
fishing activities in the Aleutian Islands
subarea (71 FR 36694, June 28, 2006).
Additionally, the Council
recommended and NMFS is in the
process of implementing habitat
protection measures for the Bering Sea
subarea under Amendment 89.
Amendment 89, if approved, would
close portions of the Bering Sea to nonpelagic trawling, including flatfish
fishing, to ensure fishing remained in
historically fished areas and prevent
substantial redistribution of effort from
increased TAC levels. This amendment
and proposed rule is scheduled to be
published in the spring and
implemented by fall 2008. An
Environmental Assessment was
prepared for this action. It analyzes the
impacts of bottom trawl gear on habitat
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in the Bering Sea and the impacts from
closing these specific areas to bottom
trawl gear. The Environmental
Assessment is available on the NMFS
Web site at https://www.fakr.noaa.gov/
npfmc/current_issues/BSHC/
BSHC307.pdf.
The Groundfish EIS projects increases
in flatfish TACs under the preferred
harvest strategy and under Alternative
1. Chapter 2 of the Groundfish EIS
points to the implications of overall
declines in pollock and Pacific cod
biomass, the resulting decreases in
TACs for those species, and identifies
potential increases in flatfish TACs.
Potential changes in flatfish TACs are
evaluated in the EIS where changes in
flatfish harvests may impact resource
components. For example, there are
discussions in Chapter 8 on marine
mammals, Chapter 10 on habitat,
Chapter 11 on ecosystem relationships,
and Chapter 12 on economic and social
factors. For habitat, the EIS concluded
that since flatfish are harvested with
bottom gear, the impacts to habitat may
increase with an increase in flatfish
TACs. However, increased TACs may
not lead to proportionate increases in
fishing activity or harvests, or benthic
habitat impacts. The flatfish fisheries
routinely do not harvest the full TAC
because of halibut PSC constraints and
limited marketability for some flatfish
species. It may not be possible to market
the increased quantities of many of
these species (for example, increased
arrowtooth flounder TACs). In other
instances, incidental catch constraints
for PSC species, like halibut, may limit
the industry’s ability to catch the
increased TACs. The halibut PSC limits
and the marketability of some flatfish
species, such as arrowtooth flounder,
are not likely to change in 2008. Due to
these factors, actual flatfish harvest in
2008 is likely to be lower than the
predicted TAC amounts.
Additionally, the EFH conservation
measures, closures of habitat areas of
particular concern, and other area
closures and gear restrictions
established in the FMPs protect areas of
ecological importance to the long-term
sustainability of managed species from
fishing impacts, regardless of the TAC
levels.
Thus, NMFS concluded that the
preferred harvest strategy impacts EFH
for managed species, but that the
available information does not identify
effects of fishing that are more than
minimal. An increase in flatfish TACs
would not change this conclusion
because of the existing habitat
protection measures and the limits on
the actual flatfish harvests that prevent
the TAC from being fully harvested.
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Additionally, the general location of the
fisheries, the fishing seasons, and the
gear used in the fisheries are not likely
to be changed by the 2008 and 2009
TAC changes.
Comment 6: The current level of
Chinook salmon bycatch in the pollock
trawl fishery is unacceptable. The
interception of Yukon River Chinook by
the pollock trawl fishery has resulted in
below average returns, escapement goals
not being met, and village elders finding
it more difficult to locate fish.
Response: NMFS agrees that the
increasing amount of salmon bycatch in
the BSAI pollock fisheries is a concern
because of the potential for negative
impacts on salmon stocks. NMFS has
implemented management measures to
reduce salmon bycatch in the pollock
fishery, and NMFS and the Council are
analyzing additional bycatch reduction
measures. NMFS, the University of
Washington, and the State of Alaska are
conducting scientific research to
determine the origins of the salmon
caught in the pollock fishery. NMFS, the
Council, and the State of Alaska are
working to determine the impacts of the
salmon bycatch on western Alaska
stocks. Additionally, the substantial
reductions in pollock TACs from 2007
to 2008 may result in a reduction in
salmon bycatch.
NMFS agrees that salmon bycatch is
an important issue and that salmon of
western Alaska origin caught in the
groundfish fisheries are not available for
escapement, subsistence fisheries, and
commercial fisheries. However, limited
information is available on salmon
biomass and the river of origin for
salmon bycatch. Research is underway
to address these informational
deficiencies. As a result, at present,
NMFS is unable to determine whether
high bycatch amounts in the pollock
fishery are due to high salmon
abundance in the Bering Sea, or whether
these high bycatch amounts affect
western Alaska salmon runs. NMFS
anticipates that new information on the
genetic profile of salmon bycatch will
soon be available and summarized in
the analysis of the alternative salmon
bycatch reduction measures being
prepared for Council consideration.
When it is available, this information
will be an important consideration in
developing responsive management
measures to reduce salmon bycatch and
understand the potential impacts of
salmon bycatch on individual salmon
stocks.
Amendment 84 and its implementing
regulations give the pollock industry
more flexibility to move its fishing
operations to avoid areas of high salmon
bycatch rates. This action exempted
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10181
vessels participating in salmon bycatch
intercooperative agreements from
existing salmon bycatch closure areas.
NMFS implemented Amendment 84
with a final rule published in the
Federal Register on October 29, 2007
(72 FR 61070). In recommending
Amendment 84, the Council recognized
that current regulatory management
measures, including a bycatch cap that
triggered closure of fixed salmon
savings areas, have not been effective at
reducing salmon bycatch. Amendment
84 provides an alternative approach to
managing salmon bycatch which has the
potential to be more effective than
current regulations.
NMFS and the Council have begun a
process pursuant to the MagnusonStevens Act and NEPA to analyze
alternative management measures to the
current Chinook and Chum Salmon
Savings Areas in the BSAI. NMFS and
the Council published a notice of intent
to prepare an EIS on salmon bycatch
reduction measures in the BSAI (72 FR
72994, December 26, 2007). The
proposed action would replace the
current Chinook and Chum Salmon
Savings Areas in the BSAI with new
regulatory closures, salmon bycatch
limits, or a combination of both. These
management measures could
incorporate current or new bycatch
reduction methods. During the
approximately two-month scoping
period from December 26, 2007, to
February 15, 2008, NMFS solicited
written comments from the public to
determine the issues of concern and the
appropriate range of management
alternatives for analysis in the EIS.
Comment 7: The high levels of salmon
bycatch call into question NMFS’s
compliance with the Endangered
Species Act (ESA), the MagnusonStevens Act, the Pacific Salmon Treaty,
and the Convention of Anadromous
Stocks in the North Pacific Ocean.
Response: NMFS management of the
BSAI pollock fisheries is in compliance
with the ESA, the Magnuson-Stevens
Act, the Pacific Salmon Treaty, the
Convention of Anadromous Stocks in
the North Pacific Ocean, and other
applicable law.
NMFS is complying with the ESA
through section 7 consultations on the
Alaska groundfish fisheries, including
the BSAI pollock fishery, regarding the
potential incidental take of ESA-listed
salmon. In January 2007, the NMFS
Northwest Region completed a
biological opinion on the effects of the
BSAI groundfish fisheries on ESA-listed
salmon. Most of the incidental take of
Chinook salmon occurs in the BSAI
pollock fishery. In this biological
opinion, the incidental take statement
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for the Upper Willamette and Lower
Columbia River ESA-listed Chinook
salmon stocks taken by the BSAI
groundfish fisheries was based on the
range of recent observations of Chinook
salmon taken in those fisheries and on
the coded-wire tag recoveries of
surrogates of these ESA-listed stocks.
Based on coded-wire tag recoveries of
salmon taken in the BSAI groundfish
fisheries, salmon from the Upper
Williamette River and Lower Columbia
River ESA-listed Chinook stocks may be
taken in the BSAI groundfish fisheries.
However, no evidence confirms that any
ESA-listed salmon have in fact been
taken in the BSAI groundfish fisheries.
Between 2001 and 2006, the
incidental take of Chinook salmon in
the BSAI groundfish fisheries ranged
from 36,000 fish to 87,500 fish. Codedwire tag recoveries for surrogates for the
Lower Columbia River and Upper
Willamette River ESA-listed Chinook
salmon stocks taken in the BSAI
groundfish fisheries has ranged from 0
to a few fish between 2001 and 2006.
The biological opinion concluded that
the BSAI groundfish fisheries are not
likely to jeopardize the continued
existence or adversely modify critical
habitat for the Upper Willamette River
and Lower Columbia River ESA-listed
Chinook salmon stocks.
NMFS Alaska Region is currently
consulting with NMFS Northwest
Region on the 2007 incidental take of
Chinook salmon in the BSAI groundfish
fisheries. The incidental take of Chinook
salmon in the 2007 BSAI groundfish
fisheries was approximately 130,000
fish. Even though the number of
Chinook salmon incidentally taken in
2007 was higher than seen in previous
years, no coded-wire tag surrogates from
ESA-listed salmon stocks have been
recovered from the samples of bycaught
salmon analyzed to date. Analysis of
coded-wire tags collected during the
2007 BSAI groundfish fisheries will be
completed in late 2008.
Amendment 84 and its implementing
regulations are consistent with National
Standard 9 of the Magnuson-Stevens
Act because they increase the ability of
fishery participants to minimize salmon
bycatch to the extent practicable.
Amendment 84 provides participants in
the pollock fisheries the flexibility to
conduct pollock fishing in areas of
relatively lower salmon bycatch rates
and to be responsive to current bycatch
rates rather than relying on static
closure areas that were established
based on historical high bycatch rates.
NMFS and the Council are complying
with the Magnuson-Stevens Act in
developing additional salmon bycatch
reduction measures though the
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deliberative Council and public
processes established in Title III of the
Magnuson-Stevens Act. See response to
comment 4. The Council develops and
evaluates management measures to
ensure that there is a careful analysis of
the distinctive elements of the
alternatives for each type of measure.
This analysis is vital to ensuring that
any salmon bycatch reduction measure
implemented accomplishes the National
Standard 9 requirement to minimize
bycatch to the extent practicable. NMFS
and the Council are also complying with
the analytical requirements of NEPA,
Executive Order 12866, and the
Regulatory Flexibility Act by evaluating
existing measures and developing
alternatives that may be necessary to
further reduce salmon bycatch.
NMFS and the Council are also
complying with the obligations in the
Yukon River Agreement to the Pacific
Salmon Treaty by developing and
analyzing alternative measures to
reduce salmon bycatch through the
Council process. The Agreement states
that the ‘‘Parties shall maintain efforts to
increase the in-river run of Yukon River
origin salmon by reducing marine
catches and by-catches of Yukon River
salmon. They shall further identify,
quantify and undertake efforts to reduce
these catches and by-catches’’ (Art. XV,
Annex IV, Ch. 8, Cl. 12). Amendment 84
is consistent with the Yukon River
Agreement because it is an element of
the Council’s efforts to reduce bycatch
of western Alaska salmon in the BSAI
groundfish fisheries. Additionally,
NMFS and the Council are working
through the Council’s public process to
resolve substantive issues involving
whether the salmon bycaught in the
Bering Sea originated from the Yukon
River and whether additional efforts are
necessary to ensure compliance with the
Agreement. Additionally, NMFS and the
Council are considering the
recommendations of the Yukon River
Panel.
Finally, NMFS and the Council are
complying with the obligations in the
Convention of Anadromous Stocks in
the North Pacific Ocean, which requires
that incidental taking of anadromous
fish shall be minimized to the maximum
extent practicable. NMFS and the
Council have implemented management
measures to reduce the incidental take
of salmon in the pollock fishery, first
through the Chinook and Chum Salmon
Savings Areas, and currently with the
Amendment 84 salmon bycatch
intercooperative agreement and the
voluntary rolling hotspot system.
Additionally, as explained in the
response to comment 6, the Council is
in the process of evaluating these
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existing measures and developing
alternatives that may be necessary to
further reduce salmon bycatch.
Comment 8: NMFS is required to take
immediate action to reduce salmon
bycatch in the pollock trawl fishery.
Response: NMFS and the Council
have taken and are taking action to
reduce salmon bycatch in the pollock
trawl fishery because of the potential for
negative impacts on salmon stocks.
Existing measures have reduced salmon
bycatch rates in the pollock fishery
compared with what they would have
been without the measures. NMFS and
the Council are engaged in a
comprehensive process to evaluate these
existing measures and develop
alternatives that may be necessary to
further reduce salmon bycatch. See
response to comment 6. Applicable
Federal law requires that bycatch be
minimized to the extent practicable and
establishes processes for assessment and
responsive implementation of
appropriate management measures if
and when warranted. The Council and
NMFS are engaged in that assessment
process with a schedule for decision
making and establishment of any new
salmon bycatch reduction measures in
the pollock fishery. No applicable
Federal law requires NMFS to truncate
or accelerate this process.
Classification
NMFS determined that the FMP is
necessary for the conservation and
management of the BSAI groundfish
fishery and that it is consistent with the
Magnuson-Stevens Fishery
Conservation and Management Act and
other applicable laws.
This action is authorized under
679.20 and is exempt from review under
Executive Order 12866.
NMFS prepared a Final EIS for this
action and made it available to the
public on January 12, 2007 (72 FR
1512). On February 13, 2007, NMFS
issued the Record of Decision (ROD) for
the Final EIS. In January 2007, NMFS
prepared a Supplemental Information
Report (SIR) for the Alaska Groundfish
Harvest Specifications. Copies of the
Final EIS, ROD, and SIR for this action
are available from NMFS, Alaska Region
(see ADDRESSES). The Final EIS analyzes
the environmental consequences of the
proposed action and its alternatives on
resources in the action area. The Final
EIS found no significant environmental
consequences from the proposed action
or its alternatives. The SIR evaluates the
need to prepare a Supplemental EIS
(SEIS) for the 2008 and 2009 groundfish
harvest specifications.
An SEIS should be prepared if (1) the
agency makes substantial changes in the
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proposed action that are relevant to
environmental concerns, or (2)
significant new circumstances or
information exist relevant to
environmental concerns and bearing on
the proposed action or its impacts (40
CFR 1502.9(c)(1)). After reviewing all
relevant information, including the
information contained in the SIR and
SAFE reports, the Administrator for the
Alaska Region has determined that (1)
approval of the 2008 and 2009 harvest
specifications, which were set according
to the preferred harvest strategy in the
final EIS, do not constitute substantial
changes in the action, and (2) there are
no significant new circumstances or
information relevant to environmental
concerns and bearing on the action or its
impacts. Moreover, the 2008 and 2009
harvest specifications will result in
environmental impacts within the scope
of those analyzed and disclosed in the
EIS. Therefore, supplemental NEPA
documentation is not necessary to
implement the 2008 and 2009 harvest
specifications.
The proposed harvest specifications
were published in the Federal Register
on December 6, 2007 (72 FR 68833). An
Initial Regulatory Flexibility Analysis
(IRFA) was prepared to evaluate the
impacts on small entities of alternative
harvest strategies for the groundfish
fisheries in the Exclusive Economic
Zone (EEZ) off Alaska on small entities.
The public comment period ended on
January 16, 2007. No comments were
received regarding the IRFA or the
economic impacts of this action. A Final
Regulatory Flexibility Analysis (FRFA)
was prepared that meets the statutory
requirements of the Regulatory
Flexibility Act of 1980, as amended by
the Small Business Regulatory
Enforcement Fairness Act of 1996
(5 U.S.C. 601–612). Copies of the IRFA
and FRFA prepared for this action are
available from NMFS, Alaska Region
(see ADDRESSES). A summary of the
FRFA follows.
The action under consideration is
adoption of a harvest strategy to govern
the harvest of groundfish in the BSAI.
The preferred alternative is the status
quo harvest strategy in which TACs fall
within the range of ABCs recommended
through the Council’s harvest
specification process and TACs
recommended by the Council. This
action is taken in accordance with the
FMP and adopted by the Council
pursuant to the Magnuson-Stevens Act.
The need for and objectives of this
rule are described in the preamble and
not repeated here.
Significant issues raised by public
comment are addressed in the preamble
and not repeated here.
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The directly regulated small entities
include approximately 747 small
catcher vessels, fewer than 17 small
catcher-processors, and six Community
Development Quota (CDQ) groups. 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 their annual gross receipts
from all economic activities, including
the revenue of their affiliated
operations, totaled $4 million per year
or less. Data from 2005 were the most
recent available to determine the
number of small entities. 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
company which does not meet the
Small Business Administration’s $6
million threshold for holding companies
(13 CFR 121.201).
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 2007 levels in 2008 and 2009
under the preferred alternative due to
declines in ABCs for key species.
The preferred alternative (Alternative
2) was compared to four other
alternatives. These included Alternative
1, which would have set TACs so as to
generate fishing rates equal to the
maximum permissible ABC (if the full
TAC were harvested), unless the sum of
TACs exceeded the regional optimum
yield (OY), in which case harvests
would have been limited to the OY.
Alternative 3 would have set TACs to
produce fishing rates equal to the most
recent five year average of fishing rates.
Alternative 4 would have set TACs to
equal the lower limit of the regional OY
range. Alternative 5 would have set
TACs equal to zero.
Alternatives 3, 4, and 5 produced
smaller first wholesale revenues for
each of the three groupings, than
Alternative 2. Thus, Alternatives 3, 4
and 5 had greater adverse impacts on
small entities. Alternative 1 sets the
TACs equal to the maximum
permissible ABC unless the sum of
these TACs exceed the OY. In 2008 and
2009, the sum of the maximum
permissible ABCs exceeded the OY.
Therefore, the TACs under Alternative 1
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10183
were set equal to the OY. Also,
Alternative 2 TACs are constrained by
the ABCs that the Plan Team and SSC
recommend to the Council on the basis
of a full consideration of biological
issues. These ABCs are often less than
Alternative 1 maximum permissible
ABCs. Therefore 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 in the BSAI
(for both non-CDQ and CDQ groups).
This action does not modify any
recordkeeping or reporting
requirements.
Adverse impacts on marine mammals
resulting from fishing activities
conducted under this rule are discussed
in the Final EIS (see ADDRESSES).
Pursuant to 5 U.S.C. 553(d)(3), the
Assistant Administrator for Fisheries,
NOAA, finds good cause to waive the
30-day delay in effectiveness for this
rule. Plan Team review occurred in
November 2007, Council consideration
and recommendations in December
2007, and NOAA Fisheries review and
development in January–February 2008.
For all fisheries not currently closed
because the TACs established under the
2007 and 2008 final harvest
specifications (72 FR 9451, March 2,
2007) were not reached, the likely
possibility exists that they will be
closed prior to the expiration of a 30day delayed effectiveness period
because their TACs could be reached.
For example, pollock, Pacific cod, and
Atka mackerel are intensive, fast-paced
fisheries. The TACs for these fisheries
are likely to be reached quickly,
possibly within 30-days and, as a result,
those fisheries could close for the A
season before the rulemaking took
effect. Similarly, other fisheries, such as
those for flatfish, rockfish, and ‘‘other
species,’’ are critical as directed
fisheries and as incidental catch in other
fisheries. If the TACs for these fisheries
were reached before the rulemaking
took effect, these species may have to be
discarded while fishing continued
under the existing, 2007 regulations.
U.S. fishing vessels have demonstrated
the capacity to catch the TAC
allocations in all these fisheries. Any
delay in allocating the final TACs in
these fisheries would cause disruption
to the industry and potential economic
harm through unnecessary discards.
Determining which fisheries may close
is impossible because these fisheries are
affected by several factors that cannot be
predicted in advance, including fishing
effort, weather, movement of fishery
stocks, and market price. Furthermore,
the closure of one fishery has a
cascading effect on other fisheries by
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freeing-up fishing vessels, allowing
them to move from closed fisheries to
open ones, increasing the fishing
capacity in those open fisheries and
causing them to close at an accelerated
pace.
If the final harvest specifications are
not effective by March 8, 2008, which is
the start of the Pacific halibut season as
specified by the IPHC, the hook-and-line
sablefish fishery will not begin
concurrently with the Pacific halibut
season. This would result in the
needless discard of sablefish that are
caught along with Pacific halibut as
both hook-and-line sablefish and Pacific
halibut are managed under the same IFQ
program. Immediate effectiveness of the
final 2008 and 2009 harvest
specifications will allow the sablefish
fishery to begin concurrently with the
Pacific halibut season. Also, the
immediate effectiveness of this action is
required to provide consistent
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management and conservation of fishery
resources based on the best available
scientific information, and to give the
fishing industry the earliest possible
opportunity to plan its fishing
operations. Therefore NMFS finds good
cause to waive the 30-day delay in
effectiveness under 5 U.S.C. 553(d)(3).
Small Entity Compliance Guide
The following information is a plain
language guide to assist small entities in
complying with this final rule as
required by the Small Business
Regulatory Enforcement Fairness Act of
1996. This final rule’s primary
management measures are to announce
final 2008 and 2009 harvest
specifications and prohibited species
bycatch allowances for the groundfish
fishery of the BSAI. This action is
necessary to establish harvest limits and
associated management measures for
groundfish during the 2008 and 2009
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fishing years and to accomplish the
goals and objectives of the FMP. This
action affects all fishermen who
participate in the BSAI fishery. The
specific amounts of OFL, ABC, TAC,
and PSC amounts are provided in
tabular form to assist the reader.
NMFS will announce closures of
directed fishing in the Federal Register
and in information bulletins released by
the Alaska Region. Affected fishermen
should keep themselves informed of
such closures.
Authority: 16 U.S.C. 773, et seq., 1801, et
seq., 3631, et seq.; Pub. L. 108–447.
Dated: February 19, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E8–3512 Filed 2–25–08; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\26FER1.SGM
26FER1
Agencies
[Federal Register Volume 73, Number 38 (Tuesday, February 26, 2008)]
[Rules and Regulations]
[Pages 10160-10184]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3512]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 071106673-8011-02]
RIN 0648-XD69
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands; Final 2008 and 2009 Harvest Specifications for
Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; closures.
-----------------------------------------------------------------------
SUMMARY: NMFS announces final 2008 and 2009 harvest specifications and
prohibited species catch 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 2008
and 2009 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.
DATES: The final 2008 and 2009 harvest specifications and associated
apportionment of reserves are effective at 1200 hrs, Alaska local time
(A.l.t.), February 26, 2008, through 2400 hrs, A.l.t., December 31,
2009.
ADDRESSES: Copies of the Final Alaska Groundfish Harvest Specifications
Environmental Impact Statement (EIS), Record of Decision (ROD),
Supplementary Information Report (SIR) to the EIS, and Final Regulatory
Flexibility Analysis (FRFA) prepared for this action are available on
the Alaska Region Web site at https://www.fakr.noaa.gov. Printed copies
can be obtained from the Alaska Region, NMFS, P.O. Box 21668, Juneau,
AK 99802, Attn: Ellen Sebastian. Copies of the 2007 Stock Assessment
and Fishery Evaluation (SAFE) report for the groundfish resources of
the Bering Sea and Aleutian Islands management area (BSAI) dated
November 2007, are available from the North Pacific Fishery Management
Council, West 4th Avenue, Suite 306, Anchorage, AK 99510-2252, phone
907-271-2809, or from its Web site at https://www.fakr.noaa.gov/npfmc.
FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228, or e-mail
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
North Pacific Fishery Management Council (Council) prepared the FMP,
and NMFS approved it under the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act). General regulations
governing U.S. fisheries also appear at 50 CFR part 600.
The FMP and its implementing regulations require NMFS, after
consultation with the Council, to specify the total allowable catch
(TAC) for each target species and for the ``other species'' category,
and the sum must be within the optimum yield (OY) range of 1.4 million
to 2.0 million metric tons (mt) (see 50 CFR ( 679.20(a)(1)(i)). NMFs
also must specify apportionments of TACs, Community Development Quota
(CDQ) reserve amounts, prohibited species catch (PSC) allowances, and
prohibited species quota (PSQ) reserve amounts. The final harvest
specifications listed in Tables 1 through 16 of this action satisfy
these requirements. The sum of TACs for 2008 is 1,838,345 mt and for
2009 is 1,814,204 mt.
Section 679.20(c)(3) further requires NMFS to consider public
comment on the proposed annual TACs and apportionments thereof and the
proposed PSC allowances, and to publish final harvest specifications in
the Federal Register. The proposed 2008 and 2009 harvest specifications
and PSC allowances for the groundfish fishery of the BSAI were
published in the Federal Register on December 6, 2007 (72 FR 68833).
Comments were invited and accepted through January 7, 2008. NMFS
received two letters with several comments on the proposed harvest
specifications. These comments are summarized and responded to in the
Response to Comments section of this rule. NMFS consulted with the
Council on the final 2008 and 2009 harvest specifications during the
December 2007 Council meeting in Anchorage, AK. After considering
public comments, as well as biological and economic data that were
available at the Council's December meeting, NMFS is implementing the
final 2008 and 2009 harvest specifications as recommended by the
Council.
Acceptable Biological Catch (ABC) and TAC Harvest Specifications
The final ABC levels are based on the best available biological and
socioeconomic 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 overfishing levels (OFLs) involves
sophisticated statistical analyses of fish populations and is based on
a successive series of six levels, or tiers, of the reliability of the
information available to fishery scientists. Tier 1 represents the
highest level of data quality available and tier 6 the lowest.
In December 2007, the Scientific and Statistical Committee (SSC),
Advisory Panel (AP), and Council reviewed current biological
information about the condition of the BSAI groundfish stocks. The
Council's Plan Team compiled and presented this information in the 2007
SAFE report for the BSAI groundfish fisheries, dated November 2007. The
SAFE report contains a review of the latest scientific analyses and
estimates of each species' biomass and other biological parameters, as
well as summaries of the available information on the BSAI ecosystem
and the economic condition of groundfish fisheries off Alaska. The SAFE
report is available for public review (see
[[Page 10161]]
ADDRESSES). From these data and analyses, the Plan Team estimates an
OFL and ABC for each species or species category.
In December 2007, the SSC, AP, and Council reviewed the Plan Team's
recommendations. Except for BSAI Pacific cod and the ``other species''
category, the SSC, AP, and Council endorsed the Plan Team's ABC
recommendations. For 2008 and 2009, the SSC recommended higher Pacific
cod OFLs and ABCs than the OFLs and ABCs recommended by the Plan Team.
For BSAI Pacific cod, the SSC recommended using the 2007 ABC and OFL
for 2008 and 2009 based on the upward trend of the spawning biomass.
For ``other species,'' the SSC recommended using tier 5 management for
skate species resulting in higher ABCs than the Plan Team's recommended
tier 3 management. For tier 3 the SSC was concerned with the fit of the
stock assessment model to survey biomass trends and growth. The SSC
provided 2008 and 2009 ABC and OFL amounts by summing up individual
species' ABCs in the ``other species'' category since the current FMP
specifies management at the group level. The AP endorsed the ABCs
recommended by the SSC, and the Council adopted them.
The Plan Team, SSC, AP, and Council recommended that total removals
of Pacific cod from the BSAI not exceed ABC recommendations. In 2007,
the Board of Fisheries for the State of Alaska (State) established a
guideline harvest level (GHL) west of 170 degrees west longitude in the
AI subarea equal to 3 percent of the Pacific cod ABC in the BSAI.
Accordingly, the Council recommended that the 2008 and 2009 Pacific cod
TACs be adjusted downward from the ABCs by amounts equal to the 2008
and 2009 GHLs.
The final TAC recommendations were based on the ABCs as adjusted
for other biological and socioeconomic considerations, including
maintaining the sum of the TACs within the required OY range of 1.4
million to 2.0 million mt. Except for BSAI yellowfin sole, arrowtooth
flounder, and ``other species,'' the Council adopted the AP's 2008 and
2009 TAC recommendations. The Council increased the yellowfin sole TAC
as a result of a decrease in pollock TAC. The Council increased the
arrowtooth flounder TAC to provide for incidental catch in other
fisheries, and the Council decreased the ``other species'' TAC to
provide enough TAC for incidental catch, but not for a directed
fishery. None of the Council's recommended TACs for 2008 or 2009
exceeds the final 2008 or 2009 ABCs for any species category. The 2008
and 2009 harvest specifications approved by the Secretary of Commerce
(Secretary) are unchanged from those recommended by the Council and are
consistent with the preferred harvest strategy alternative in the EIS.
The 2008 and 2009 TACs are equal to or less than the ABCs recommended
by the Council's Plan Teams and SSC. NMFS finds that the recommended
OFLs, ABCs, and TACs are consistent with the biological condition of
groundfish stocks as described in the 2007 SAFE report that was
approved by the Council.
Other Actions Potentially Affecting the 2008 and 2009 Harvest
Specifications
The Council is considering a proposal that would allocate the
Pacific cod TAC by Bering Sea subarea and AI subarea instead of a
combined BSAI TAC. Another proposal would separate some species from
the ``other rockfish'' or ``other species'' categories so that
individual OFLs, ABCs, and TACs may be established for these species.
These actions, if submitted to and approved by the Secretary, could
change the final 2008 and 2009 harvest specifications.
Changes From the Proposed 2008 and 2009 Harvest Specifications in the
BSAI
In October 2007, the Council made its recommendations for the
proposed 2008 and 2009 harvest specifications (72 FR 68833, December 6,
2007) based largely on information contained in the 2006 SAFE report
for the BSAI groundfish fisheries. The 2007 SAFE report, which was not
available when the Council made its recommendations in October 2007,
contains the best and most recent scientific information on the
condition of the groundfish stocks. In December 2007, the Council
considered the 2007 SAFE report in making its recommendations for the
final 2008 and 2009 harvest specifications. Based on the 2007 SAFE
report, the sum of the 2008 and 2009 recommended final TACs for the
BSAI (1,838,345 mt for 2008 and 1,814,204 mt for 2009) is lower than
the sum of the proposed 2008 and 2009 TACs (2,000,000 mt for each
year). Compared to the proposed 2008 and 2009 harvest specifications,
the Council's final TAC recommendations increase fishing opportunities
for fishermen and economic benefits to the nation for species for which
the Council had sufficient information to raise TAC levels. These
species include BSAI Atka mackerel, flathead sole, Pacific cod,
yellowfin sole, other flatfish, arrowtooth flounder, Greenland turbot,
and northern rockfish. The Council also reduced TAC levels to provide
greater protection for several species including Bering Sea subarea
pollock, sablefish, Alaska plaice, and other species. The changes in
the final rule from the proposed rule are based on the most recent
scientific information and implement the harvest strategy described in
the proposed rule for the harvest specifications and are compared in
the following table:
Comparison of Final 2008 and 2009 With Proposed 2008 and 2009 Total Allowable Catch in the BSAI
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2008 2008 final 2009 2009 final
Species Area\1\ 2008 final proposed minus 2009 final proposed minus
TAC TAC proposed TAC TAC proposed
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock...................................... BS......................... 1,000,000 1,318,000 -318,000 1,000,000 1,318,000 -318,000
AI......................... 19,000 19,000 0 19,000 19,000 0
Bogoslof................... 10 10 0 10 10 0
Pacific cod.................................. BSAI....................... 170,720 127,070 43,650 170,720 127,070 43,650
Sablefish.................................... BS......................... 2,860 2,970 -110 2,610 2,970 -360
AI......................... 2,440 2,800 -360 2,230 2,800 -570
Atka mackerel................................ EAI/BS..................... 19,500 17,600 1,900 15,300 17,600 -2,300
CAI........................ 24,300 22,000 2,300 19,000 22,000 -3,000
WAI........................ 16,900 15,300 1,600 13,200 15,300 -2,100
Yellowfin sole............................... BSAI....................... 225,000 150,000 75,000 205,000 150,000 55,000
Rock sole.................................... BSAI....................... 75,000 75,000 0 75,000 75,000 0
Greenland turbot............................. BS......................... 1,750 1,720 30 1,750 1,720 30
[[Page 10162]]
AI......................... 790 770 20 790 770 20
Arrowtooth flounder.......................... BSAI....................... 75,000 30,000 45,000 75,000 30,000 45,000
Flathead sole................................ BSAI....................... 50,000 45,000 5,000 50,000 45,000 5,000
Other flatfish............................... BSAI....................... 21,600 21,400 200 21,600 21,400 200
Alaska plaice................................ BSAI....................... 50,000 60,000 -10,000 50,000 60,000 -10,000
Pacific ocean perch.......................... BS......................... 4,200 4,080 120 4,100 4,080 20
EAI........................ 4,900 4,900 0 4,810 4,900 -90
CAI........................ 4,990 5,000 -10 4,900 5,000 -100
WAI........................ 7,610 7,620 -10 7,490 7,620 -130
Northern rockfish............................ BSAI....................... 8,180 8,150 30 8,130 8,150 -20
Shortraker rockfish.......................... BSAI....................... 424 424 0 424 424 0
Rougheye rockfish............................ BSAI....................... 202 202 0 202 202 0
Other rockfish............................... BS......................... 414 414 0 414 414 0
AI......................... 585 585 0 554 585 -31
Squid........................................ BSAI....................... 1,970 1,970 0 1,970 1,970 0
Other species................................ BSAI....................... 50,000 58,015 -8,015 60,000 58,015 1,985
--------------------------------------------------------------------------------------------------------------------------------------------------------
TOTAL.................................... BSAI....................... 1,838,345 2,000,000 -161,655 1,814,204 2,000,000 -185,796
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Bering Sea subarea (BS), Aleutian Islands subarea (AI), Bering Sea and Aleutian Islands Management Area (BSAI), Eastern Aleutian District (EAI),
Central Aleutian District (CAI), and Western Aleutian District (WAI).
The final 2008 and 2009 TAC recommendations for the BSAI are within
the OY range established for the BSAI and do not exceed ABCs for any
single species or complex. Table 1 lists the final 2008 and 2009 OFL,
ABC, TAC, initial TAC (ITAC), and CDQ reserve amounts of the BSAI
groundfish. The apportionment of TAC amounts among fisheries and
seasons is discussed below.
As mentioned in the proposed 2008 and 2009 harvest specifications,
NMFS is apportioning the amounts shown in Table 2 from the non-
specified reserve to increase the initial ITAC of several target
species.
The final harvest specifications for 2008 and 2009 also include
specifications consistent with two new FMP amendments. The final rule
implementing Amendment 80 to the BSAI FMP was published in the Federal
Register on September 14, 2007 (72 FR 52668). Amendment 80 allocates
total allowable catch of specified groundfish species and halibut and
crab PSC limits among several BSAI non-pollock trawl groundfish
fisheries fishing sectors, and it facilitates the formation of
harvesting cooperatives in the non-American Fisheries Act trawl
catcher/processor sector. The Amendment 80 species are Atka mackerel,
flathead sole, Pacific cod, rock sole, yellowfin sole, and Aleutian
Islands Pacific ocean perch.
The final rule implementing Amendment 85 to the FMP was published
in the Federal Register on September 4, 2007 (72 FR 50788). Amendment
85 revises the current allocations of BSAI Pacific cod TAC among
various harvest sectors and seasonal apportionments. Also, Amendment 85
divides the halibut PSC allowance annually specified for the hook-and-
line Pacific cod fishery between the hook-and-line catcher/processor
and catcher vessel sectors.
Table 1.--2008 and 2009 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]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2008 2009
Species Area -----------------------------------------------------------------------------------------------------------------------
OFL ABC TAC ITAC \2\ CDQ \3\ OFL ABC TAC ITAC \2\ CDQ \3\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock \3\................................ BS \2\..................... 1,440,000 1,000,000 1,000,000 900,000 100,000 1,320,000 1,000,000 1,000,000 900,000 100,000
AI \2\..................... 34,000 28,200 19,000 17,100 1,900 26,100 22,700 19,000 17,100 1,900
Bogoslof................... 58,400 7,970 10 10 0 58,400 7,970 10 10 0
Pacific cod \4\............................ BSAI....................... 207,000 176,000 170,720 152,453 18,267 207,000 176,000 170,720 152,453 18,267
Sablefish \5\.............................. BS......................... 3,380 2,860 2,860 2,360 393 2,910 2,610 2,610 1,109 98
AI......................... 2,890 2,440 2,440 1,853 412 2,510 2,230 2,230 474 42
Atka mackerel.............................. BSAI....................... 71,400 60,700 60,700 54,205 6,495 50,600 47,500 47,500 42,418 5,083
EAI/BS..................... n/a 19,500 19,500 17,414 2,087 n/a 15,300 15,300 13,663 1,637
CAI........................ n/a 24,300 24,300 21,700 2,600 n/a 19,000 19,000 16,967 2,033
WAI........................ n/a 16,900 16,900 15,092 1,808 n/a 13,200 13,200 11,788 1,412
Yellowfin sole............................. BSAI....................... 265,000 248,000 225,000 200,925 24,075 296,000 276,000 205,000 183,065 21,935
Rock sole.................................. BSAI....................... 304,000 301,000 75,000 66,975 8,025 379,000 375,000 75,000 66,975 8,025
Greenland turbot........................... BSAI....................... 15,600 2,540 2,540 2,159 n/a 16,000 2,540 2,540 2,159 n/a
BS......................... n/a 1,750 1,750 1,488 187 n/a 1,750 1,750 1,488 187
AI......................... n/a 790 790 672 0 n/a 790 790 672 0
Arrowtooth flounder........................ BSAI....................... 297,000 244,000 75,000 63,750 8,025 300,000 246,000 75,000 63,750 8,025
Flathead sole.............................. BSAI....................... 86,000 71,700 50,000 44,650 5,350 83,700 69,700 50,000 44,650 5,350
Other flatfish \6\......................... BSAI....................... 28,800 21,600 21,600 18,360 0 28,800 21,600 21,600 18,360 0
[[Page 10163]]
Alaska plaice.............................. BSAI....................... 248,000 194,000 50,000 42,500 0 277,000 217,000 50,000 42,500 0
Pacific ocean perch........................ BSAI....................... 25,700 21,700 21,700 19,198 n/a 25,400 21,300 21,300 18,845 n/a
BS......................... n/a 4,200 4,200 3,570 0 n/a 4,100 4,100 3,485 0
EAI........................ n/a 4,900 4,900 4,376 524 n/a 4,810 4,810 4,295 515
CAI........................ n/a 4,990 4,990 4,456 534 n/a 4,900 4,900 4,376 524
WAI........................ n/a 7,610 7,610 6,796 814 n/a 7,490 7,490 6,689 801
Northern rockfish.......................... BSAI....................... 9,740 8,180 8,180 6,953 0 9,680 8,130 8,130 6,911 0
Shortraker rockfish........................ BSAI....................... 564 424 424 360 0 564 424 424 360 0
Rougheye rockfish.......................... BSAI....................... 269 202 202 172 0 269 202 202 172 0
Other rockfish \7\......................... BSAI....................... 1,330 999 999 849 0 1,290 968 968 823 0
BS......................... n/a 414 414 352 0 n/a 414 414 352 0
AI......................... n/a 585 585 497 0 n/a 554 554 471 0
Squid...................................... BSAI....................... 2,620 1,970 1,970 1,675 0 2,620 1,970 1,970 1,675 0
Other species \8\.......................... BSAI....................... 104,000 78,100 50,000 42,500 0 104,000 78,100 60,000 51,000 0
-----------------------------------------------------------------------------------------------------------------------
Total.................................. ........................... 3,205,693 2,472,585 1,838,345 1,639,009 174,989 3,191,843 2,557,944 1,814,204 1,597,810 170,751
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these harvest specifications, the Bering Sea (BS)
subarea includes the Bogoslof District.
\2\ Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and Amendment 80 species, 15 percent of each TAC is put into a reserve. The ITAC for these
species is the remainder of the TAC after the subtraction of these reserves.
\3\ Under Sec. 679.20(a)(5)(i)(A)(1), the annual Bering Sea subarea pollock TAC after subtracting first for the CDQ directed fishing allowance (10 percent) and second for the incidental
catch allowance (3.5 percent), is further allocated by sector for a directed pollock fishery as follows: inshore-50 percent; catcher/processor-40 percent; and motherships-10 percent. Under
Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual Aleutian Islands subarea pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second for the
incidental catch allowance (1,600 mt) is allocated to the Aleut Corporation for a directed pollock fishery.
\4\ The Pacific cod TAC is reduced by three percent from the ABC to account for the State of Alaska's (State) guideline harvest level in State waters of the Aleutian Islands subarea.
\5\ For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 10.7 percent of the TAC is reserved for use
by CDQ participants (see Sec. Sec. 679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish TAC allocated to hook-and-line gear or pot gear, 7.5 percent of the sablefish TAC
allocated to trawl gear, and 10.7 percent of the TACs for Bering Sea Greenland turbot and arrowtooth flounder are reserved for use by CDQ participants (see Sec. 679.20(b)(1)(ii)(B) and
(D)). Aleutian Islands Greenland turbot, ``other flatfish,'' Alaska plaice, Bering Sea Pacific ocean perch, northern rockfish, shortraker rockfish, rougheye rockfish, ``other rockfish,''
squid, and ``other species'' are not allocated to the CDQ program.
\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.
Non-specified Reserves, CDQ Reserves, and the Incidental Catch
Allowance (ICA) for Pollock, Sablefish, Atka Mackerel, Flathead Sole,
Rock Sole, Yellowfin Sole, and Aleutian Islands Pacific Ocean Perch
Section 679.20(b)(1)(i) requires the placement of 15 percent of the
TAC for each target species or ``other species'' category, except for
pollock, the hook-and-line and pot gear allocation of sablefish, and
the Amendment 80 species, in a non-specified reserve. Section
679.20(b)(1)(ii)(B) requires that 20 percent of the hook-and-line and
pot gear allocation of sablefish be allocated to the fixed gear
sablefish CDQ reserve. Section 679.20(b)(1)(ii)(D) requires allocation
of 7.5 percent of the trawl gear allocations of sablefish and 10.7
percent of the Bering Sea Greenland turbot and arrowtooth flounder TACs
to the respective CDQ reserves. Section 679.20(b)(1)(ii)(C) requires
allocation of 10.7 percent of the TACs for Atka mackerel, Aleutian
Islands Pacific Ocean perch, yellowfin sole, rock sole, flathead sole,
and Pacific cod to the CDQ reserves. Sections 679.20(a)(5)(i)(A),
(a)(5)(iii)(B)(2)(i), (b)(1)(i)(A), and 679.31(a) also require the
allocation of 10 percent of the BSAI pollock TACs to the pollock CDQ
directed fishing allowance (DFA). The entire Bogoslof District pollock
TAC is allocated as an ICA (see 679.20(a)(5)(ii) and (b)(1)(ii)(A)(2)).
With the exception of the hook-and-line and pot gear sablefish CDQ
reserve, the regulations do not further apportion the CDQ allocations
by gear. Section 679.21(e)(3)(i)(A) requires withholding 7.5 percent of
the Chinook salmon PSC limit, 10.7 percent of the crab and non-Chinook
salmon PSC limits, and 343 metric tons (mt) of halibut PSC as PSQ
reserves for the CDQ fisheries. Sections 679.30 and 679.31 set forth
regulations governing the management of the CDQ and PSQ reserves,
respectively.
Pursuant to 679.20(a)(5)(i)(A)(1), NMFS allocates a pollock ICA of
3.5 percent of the Bering Sea subarea pollock TAC after subtraction of
the 10 percent CDQ reserve. This allowance is based on NMFS'
examination of the pollock incidental catch, including the incidental
catch by CDQ vessels, in target fisheries other than pollock from 1999
through 2007. During this 9-year period, the pollock incidental catch
ranged from a low of 2.4 percent in 2006 to a high of 5 percent in
1999, with a 9-year average of 3 percent. Pursuant to
679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS recommends a pollock ICA of
1,600 mt for the AI subarea after subtraction of the 10 percent CDQ
DFA. This allowance is based on NMFS' examination of the pollock
incidental catch, including the incidental catch by CDQ vessels, in
target fisheries other than pollock from 2003 through 2007. During this
5-year period, the incidental catch of pollock ranged from a low of 5
percent in 2006 to a high of 10 percent in 2003, with a 5-year average
of 6 percent.
Pursuant to 679.20(a)(8) and (10), NMFS allocates ICAs of 4,500 mt
of flathead sole, 5,000 mt of rock sole, 2,000 mt of yellowfin sole, 10
mt each of Western and Central Aleutian District
[[Page 10164]]
Pacific Ocean perch and Atka mackerel, 100 mt of Eastern Aleutian
District Pacific Ocean perch, and 1,400 mt of Eastern Aleutian District
and Bering Sea subarea Atka mackerel TAC after subtraction of the 10.7
percent CDQ reserve. These allowances are based on NMFS' examination of
the incidental catch in other target fisheries from 2003 through 2007.
The regulations do not designate the remainder of the non-specified
reserve by species or species group. Any amount of the reserve may be
apportioned to a target species or to the ``other species'' category
during the year, provided that such apportionments do not result in
overfishing (see 679.20(b)(1)(ii)). The Regional Administrator has
determined that the ITACs specified for the species listed in Table 2
need to be supplemented from the non-specified reserve because U.S.
fishing vessels have demonstrated the capacity to catch the full TAC
allocations. Therefore, in accordance with 679.20(b)(3), NMFS is
apportioning the amounts shown in Table 2 from the non-specified
reserve to increase the ITAC for northern rockfish, shortraker
rockfish, rougheye rockfish, and Bering Sea other rockfish by 7.5
percent of the TAC in 2008 and 2009.
Table 2.--2008 and 2009 Apportionment of Reserves to ITAC Categories
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2008 2009
Species--area or subarea 2008 ITAC reserve 2008 final 2009 ITAC reserve 2009 final
amount ITAC amount ITAC
----------------------------------------------------------------------------------------------------------------
Shortraker rockfish--BSAI......... 360 32 392 360 32 392
Rougheye rockfish--BSAI........... 172 15 187 172 15 187
Northern rockfish--BSAI........... 6,953 614 7,567 6,911 610 7,521
Other rockfish--Bering Sea subarea 352 31 383 352 31 383
-----------------------------------------------------------------------------
Total......................... 7,837 692 8,529 7,795 688 8,483
----------------------------------------------------------------------------------------------------------------
Allocation of Pollock TAC Under the American Fisheries Act (AFA)
Section 679.20(a)(5)(i)(A) requires that the pollock TAC
apportioned to the Bering Sea subarea, after subtraction of the 10
percent for the CDQ program and the 3.5 percent for the ICA, be
allocated as a DFA as follows: 50 percent to the inshore sector, 40
percent to the catcher/processor sector, and 10 percent to the
mothership sector. In the Bering Sea subarea, 40 percent of the DFA is
allocated to the A season (January 20-June 10), and 60 percent of the
DFA is allocated to the B season (June 10-November 1). 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 3
lists these 2008 and 2009 amounts.
Section 679.20(a)(5)(i)(A)(4) also includes several specific
requirements regarding Bering Sea 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 3 lists the 2008 and
2009 allocations of pollock TAC. Tables 10 through 15 list the AFA
catcher/processor and catcher vessel harvesting sideboard limits. The
tables for the pollock allocations to the Bering Sea subarea inshore
pollock cooperatives and open access sector will be posted on the
Alaska Region Web site at https://www.fakr.noaa.gov.
Table 3 also lists seasonal apportionments of pollock and harvest
limits within the Steller Sea Lion Conservation Area (SCA). The harvest
within the SCA, as defined at 679.22(a)(7)(vii), is limited to 28
percent of the annual DFA until April 1. The remaining 12 percent of
the 40 percent annual DFA allocated to the A season may be taken
outside the SCA before April 1 or inside the SCA after April 1. If less
than 28 percent of the annual DFA is taken inside the SCA before April
1, the remainder will be available to be taken inside the SCA after
April 1. The A season pollock SCA harvest limit will be apportioned to
each sector in proportion to each sector's allocated percentage of the
DFA. Table 3 lists by sector these 2008 and 2009 amounts.
[[Page 10165]]
Table 3.--2008 and 2009 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ Directed Fishing Allowances (DFA) \1\
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2008 A season \1\ 2008 B 2009 A season \1\ 2009 B
-------------------------- season \1\ -------------------------- season \1\
Area and sector 2008 ------------- 2009 ------------
Allocations A season SCA harvest B season Allocations A season SCA harvest B season
DFA limit \2\ DFA DFA limit \2\ DFA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea subarea........................ 1,000,000 n/a n/a n/a 1,000,000 n/a n/a n/a
CDQ DFA............................... 100,000 40,000 28,000 60,000 100,000 40,000 28,000 60,000
ICA \1\............................... 31,500 n/a n/a n/a 31,500 n/a n/a n/a
AFA Inshore........................... 434,250 173,700 121,590 260,550 434,250 173,700 121,590 260,550
AFA Catcher/Processors \3\............ 347,400 138,960 97,272 208,440 347,400 138,960 97,272 208,440
Catch by C/Ps..................... 317,871 127,148 n/a 190,723 317,871 127,148 n/a 190,723
Catch by CVs \3\.................. 29,529 11,812 n/a 17,717 29,529 11,812 n/a 17,717
Unlisted C/P Limit \4\........ 1,737 695 n/a 1,042 1,737 695 n/a 1,042
AFA Motherships....................... 86,850 34,740 24,318 52,110 86,850 34,740 24,318 52,110
Excessive Harvesting Limit \5\........ 151,988 n/a n/a n/a 151,988 n/a n/a n/a
Excessive Processing Limit \6\........ 260,550 n/a n/a n/a 260,550 n/a n/a n/a
Total Bering Sea DFA...................... 868,500 347,400 243,180 521,099 868,501 347,399 243,180 521,100
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 15,500 n/a 0 15,500 15,500 n/a 0
Bogoslof District ICA \7\................. 10 n/a n/a n/a 10 n/a n/a n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the Bering Sea subarea pollock, after subtraction for the CDQ DFA (10 percent) and the ICA (3.5 percent), is
allocated as a DFA as follows: inshore sector--50 percent, catcher/processor sector (C/P)--40 percent, and mothership sector--10 percent. In the
Bering Sea subarea, 40 percent of the DFA is allocated to the A season (January 20-June 10) and 60 percent of the DFA is allocated to the B season
(June 10-November 1). Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock TAC, after subtracting first for the CDQ directed
fishing allowance (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 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.
\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 non-CDQ
pollock DFAs.
\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 non-CDQ
pollock DFAs.
\7\ The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The amounts specified are for ICA only and are
not apportioned by season or sector.
[[Page 10166]]
Allocation of the Atka Mackerel TACs
Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after
subtraction of the CDQ reserves, jig gear allocation, and ICAs for the
BSAI trawl limited access sector and non-trawl gear, to the Amendment
80 and BSAI trawl limited access sectors. The allocation of the ITAC
for Atka mackerel to the Amendment 80 and BSAI trawl limited access
sectors is established in Table 33 to part 679 and 679.91.
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 approves, a 0.5 percent allocation of the Atka
mackerel ITAC in the Eastern Aleutian District and Bering Sea subarea
to the jig gear in 2008 and 2009. Based on the 2008 TAC of 16,900 mt
after subtractions of the CDQ reserve and ICA, the jig gear allocation
would be 80 mt for 2008. Based on the 2009 TAC of 15,300 mt after
subtractions of the CDQ reserve and ICA, the jig gear allocation would
be 61 mt for 2009.
Section 679.20(a)(8)(ii)(A) apportions the Atka mackerel ITAC into
two equal seasonal allowances. The first seasonal allowance is made
available for directed fishing from January 1 (January 20 for trawl
gear) to April 15 (A season), and the second seasonal allowance is made
available from September 1 to November 1 (B season). The jig gear
allocation is not apportioned by season.
Pursuant to 679.20(a)(8)(ii)(C)(1), the Regional Administrator will
establish a harvest limit area (HLA) limit of no more than 60 percent
of the seasonal TAC for the Western and Central Aleutian Districts.
NMFS will establish HLA limits for the CDQ reserve and each of the
three non-CDQ trawl sectors: The BSAI trawl limited access sector; the
Amendment 80 limited access fishery; and an aggregate HLA limit
applicable to all Amendment 80 cooperatives. NMFS will assign vessels
in each of the three non-CDQ sectors that apply to fish for Atka
mackerel in the HLA to an HLA fishery based on a random lottery of the
vessels that apply (see 679.20(a)(8)(iii)). There is no allocation of
Atka mackerel to the BSAI trawl limited access sector in the Western
Aleutian District. Therefore, no vessels in the BSAI trawl limited
access sector will be assigned to the Western Aleutian District HLA
fishery.
Each trawl sector will have a separate lottery. A maximum of two
HLA fisheries will be established in Area 542 for the BSAI trawl
limited access sector. A maximum of four HLA fisheries will be
established for vessels assigned to Amendment 80 cooperatives: A first
and second HLA fishery in Area 542, and a first and second HLA fishery
in Area 543. A maximum of four HLA fisheries will be established for
vessels assigned to the Amendment 80 limited access fishery: A first
and second HLA fishery in Area 542, and a first and second HLA fishery
in Area 543. NMFS will initially open fishing in the HLA for the first
HLA fishery in all three trawl sectors at the same time. The initial
opening of fishing in the HLA will be based on the first directed
fishing closure of Atka mackerel in Area 541/BS for any one of the
three trawl sectors allocated Atka mackerel TAC.
Table 4 lists these 2008 and 2009 amounts. The 2009 allocations for
Atka mackerel between Amendment 80 cooperatives and the Amendment 80
limited access sector will not be known until eligible participants
apply for participation in the program by November 1, 2008.
Table 4.--2008 and 2009 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch Allowance, and Amendment 80 Allocations of the BSAI
ATKA Mackerel TAC
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2008 Allocation by area 2009 Allocation by area
-----------------------------------------------------------------------------------------
Sector \1\ Season 2,3 Eastern Aleutian Central Western Eastern Aleutian Central Western
District/Bering Aleutian Aleutian District/Bering Aleutian Aleutian
Sea District District Sea District District
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC................................... n/a................... 19,500 24,300 16,900 15,300 19,000 13,200
CDQ reserve........................... Total................. 2,087 2,600 1,808 1,637 2,033 1,412
HLA \4\............... n/a 1,560 1,085 n/a 1,220 847
ICA................................... Total................. 1,400 10 10 1,400 10 10
Jig \5\............................... Total................. 80 0 0 61 0 0
BSAI trawl limited access............. Total................. 319 434 0 488 678 0
A..................... 159 217 0 244 339 0
HLA \4\............... n/a 130 0 n/a 203 0
B..................... 159 217 0 244 339 0
HLA \4\............... n/a 130 0 n/a 203 0
Amendment 80 sectors.................. Total................. 15,615 21,256 15,082 12,202 16,957 11,778
A..................... 7,807 10,628 7,541 6,101 8,479 5,889
HLA \4\............... 4,684 6,377 4,525 3,660 5,087 3,533
B..................... 7,807 10,628 7,541 6,101 8,479 5,889
HLA \4\............... 4,684 6,377 4,525 3,660 5,087 3,533
Amendment 80 limited access........... Total................. 8,232 12,809 9,298 n/a n/a n/a
A..................... 4,116 6,405 4,649 n/a n/a n/a
HLA \4\............... n/a 3,843 2,789 n/a n/a n/a
B..................... 4,116 6,405 4,649 n/a n/a n/a
HLA \4\............... n/a 3,843 2,789 n/a n/a n/a
Amendment 80 cooperatives............. Total................. 7,383 8,447 5,784 n/a n/a n/a
A..................... 3,812 4,224 2,892 n/a n/a n/a
HLA \4\............... n/a 2,534 1,735 n/a n/a n/a
B..................... 3,692 4,224 2,892 n/a n/a n/a
[[Page 10167]]
HLA \4\............... n/a 2,534 1,735 n/a n/a n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtraction of the CDQ reserves, jig gear allocation, and ICAs, to the Amendment 80
and BSAI trawl limited access sectors. The allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is
established in Table 33 to part 679 and Sec. 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec. Sec.
679.20(b)(1)(ii)(C) and 679.31).
\2\ Regulations at Sec. Sec. 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery. The A season
is January 1 (January 20 for trawl gear) to April 15, and the B season is September 1 to November 1.
\3\ The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
\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
2008 and 2009, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts.
\5\ Section 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian District and the Bering Sea subarea TAC be allocated to jig gear after
subtraction of the CDQ reserve and ICA. The amount of this allocation is 0.5 percent. The jig gear allocation is not apportioned by season.
Allocation of the Pacific Cod ITAC
Section 679.20(a)(7)(i) and (ii) allocates the Pacific cod TAC in
the BSAI, after subtraction of 10.7 percent for the CDQ reserve, as
follows: 1.4 percent to vessels using jig gear, 2.0 percent to hook-
and-line and pot catcher vessels less than 60 ft (18.3 m) length
overall (LOA), 0.2 percent to hook-and-line catcher vessels greater
than or equal to 60 ft (18.3 m) LOA, 48.7 percent to hook-and-line
catcher/processors, 8.4 percent to pot catcher vessels greater than or
equal to 60 ft (18.3 m) LOA, 1.5 percent to pot catcher/processors, 2.3
percent to American Fisheries Act (AFA) trawl catcher/processors, 13.4
percent to non-AFA trawl catcher/processors, and 22.1 percent to trawl
catcher vessels. The ICA for the hook-and-line and pot sectors will be
deducted from the aggregate portion of Pacific cod TAC allocated to the
hook-and-line and pot sectors. For 2008 and 2009, the Regional
Administrator establishes an ICA of 500 mt based on anticipated
incidental catch by these sectors in other fisheries. The allocation of
the ITAC for Pacific cod to the Amendment 80 sector is established in
Table 33 to part 679 and 679.91. The 2009 allocations for Pacific cod
between Amendment 80 cooperatives and the Amendment 80 limited access
sector will not be known until eligible participants apply for
participation in the program by November 1, 2008.
Sections 679.20(a)(7) and 679.23(e)(5) apportion seasonal
allowances of the Pacific cod ITAC to disperse the Pacific cod
fisheries over the fishing year. In accordance with 679.20(a)(7)(iv)(B)
and (C), any unused portion of a seasonal Pacific cod allowance will
become available at the beginning of the next seasonal allowance.
Sections 679.20(a)(7)(i)(B) and 679.23(e)(5) establish the CDQ
seasonal allowances based on gear type. For hook-and-line catcher/
processors and hook-and-line catcher vessels greater than or equal to
60 ft (18.3 m) LOA harvesting CDQ Pacific cod, the first seasonal
allowance of 60 percent of the ITAC is available for directed fishing
from January 1 to June 10, and the second seasonal allowance of 40
percent of the ITAC is available from June 10 to December 31. No
seasonal harvest constraints are imposed on the CDQ Pacific cod fishery
for pot gear or hook-and-line catcher vessels less than 60 feet (18.3
m) LOA. For vessels harvesting CDQ Pacific cod with trawl gear, the
first seasonal allowance of 60 percent of the ITAC is available January
20 to April 1. The second seasonal, April 1 to June 10, and the third
seasonal allowance, June 10 to November 1, are each allocated 20
percent of the ITAC. The CDQ Pacific cod trawl catcher vessel
allocation is further allocated as 70 percent of the first seasonal
allowance, 10 percent in the second seasonal allowance, and 20 percent
in the third seasonal allowance. The CDQ Pacific cod trawl catcher/
processor allocation is 50 percent in the first seasonal allowance, 30
percent in the second seasonal allowance, and 20 percent in the third
seasonal allowance. 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.
Sections 679.20(a)(7)(iv)(A) and 679.23(e)(5) apportion the non-CDQ
seasonal allowances by gear type as follows. For hook-and-line and pot
catcher/processors and hook-and-line and pot catcher vessels greater
than or equal to 60 ft (18.3 m) LOA, the first seasonal allowance of 51
percent of the ITAC is available for directed fishing from January 1 to
June 10, and the second seasonal allowance of 49 percent of the ITAC is
available from June 10 (September 1 for pot gear) to December 31. No
seasonal harvest constraints are imposed on the Pacific cod fishery for
catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or
pot gear. For trawl gear, the first seasonal allowance is January 20 to
April 1, the second seasonal allowance is April 1 to June 10, and the
third seasonal allowance is June 10 to November 1. The trawl catcher
vessel allocation is further allocated as 74 percent in the first
seasonal allowance, 11 percent in the second seasonal allowance, and 15
percent in the third seasonal allowance. The trawl catcher/processor
allocation is allocated 75 percent in the first seasonal allowance, 25
percent in the second seasonal allowance, and zero percent in the third
seasonal allowance. For jig gear, the first seasonal allowance is
allocated 60 percent of the ITAC, and the second and third seasonal
allowances are each allocated 20 percent of the ITAC. Table 5 lists the
2008 and 2009 allocations and seasonal apportionments of the Pacific
cod TAC.
[[Page 10168]]
Table 5.--2008 and 2009 Gear Shares and Seasonal Allowances of the BSAI Pacific Cod TAC
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2008 and 2009 2008 and 2009 2008 and 2009 seasonal apportionment \2\
Gear sector Percent share of gear share of sector ---------------------------------------------------
sector total total Dates Amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total TAC...................................... 100 170,720 n/a n/a............................... n/a
CDQ............................................ 10.7 18,267 n/a see Sec. 679.20(a)(7)(i)(B)..... n/a
Total hook-and-line/pot gear................... 60.8 92,691 n/a n/a............................... n/a
Hook-and-line/pot ICA\1\....................... n/a n/a 500 n/a............................... n/a
Hook-and-line/pot subtotal..................... n/a 92,191 n/a n/a............................... n/a
Hook-and-line catcher/processor................ 48.7 n/a 73,844 Jan 1-Jun 10...................... 37,660
Jun 10-Dec 31..................... 36,184
Hook-and-line catcher vessel >= 60 ft LOA...... 0.2 n/a 303 Jan 1-Jun 10...................... 155
Jun 10-Dec 31..................... 149
Pot catcher/processor.......................... 1.5 n/a 2,274 Jan 1-Jun 10...................... 1,160
Sept 1-Dec 31..................... 1,114
Pot catcher vessel >= 60 ft LOA................ 8.4 n/a 12,737 Jan 1-Jun 10...................... 6,496
Sept 1-Dec 31..................... 6,241
Catcher vessel < 60 ft LOA using hook-and-line 2.0 3,033 3,033 n/a............................... n/a
or pot gear.
Trawl catcher vessel........................... 22.1 33,692 n/a Jan 20-Apr 1...................... 24,932
Apr 1-Jun 10...................... 3,706
Jun 10-Nov 1...................... 5,054
AFA trawl catcher/processor.................... 2.3 3,506 n/a Jan 20-Apr 1...................... 2,630
Apr 1- Jun 10..................... 877
Jun 10-Nov 1...................... 0
Amendment 80................................... 13.4 20,429 n/a Jan 20-Apr 1...................... 15,322
Apr 1-Jun 10...................... 5,107
Jun 10-Nov 1...................... 0
Amendment 80 limited access \2\................ n/a n/a 3,294 Jan 20-Apr 1...................... 2,471
Apr 1-Jun 10...................... 824
Jun 10-Nov 1...................... 0
Amendment 80 cooperatives \2\.................. n/a n/a 17,135