Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; Proposed 2009 and 2010 Harvest Specifications for Groundfish, 75059-75076 [E8-29216]
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Federal Register / Vol. 73, No. 238 / Wednesday, December 10, 2008 / Proposed Rules
data reporting requirements for noncommercial fishing have been established, it
is expected that the non-commercial
information will not be developed enough to
generate meaningful projected estimates of
2008–09 non-commercial harvest.
Ceasing of Business Operations
The decision to cease fishing for
bottomfish would depend on the ability of
vessel owners to cover variable costs of
operations in the short run. If costs of fuel
and food remain at higher than normal levels,
more vessels than normal would be expected
to exit the fishery, especially in years when
the TAC was low. In addition, as is pointed
out in Amendment 14, low TACs could
propel the fishery toward a ‘‘race for the
fish,’’ putting downward pressure on prices
and upward pressure on fuel and food costs,
resulting in earlier than expected closures
and larger number of vessels exiting the
fishery prematurely.
This action is exempt from the
procedures of E.O. 12866 because this
action contains no implementing
regulations.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 4, 2008.
James W. Balsiger,
Acting Assistant Administrator For Fisheries,
National Marine Fisheries Service.
[FR Doc. E8–29205 Filed 12–9–08; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 0810141351–81451–01]
RIN 0648–XL28
Fisheries of the Exclusive Economic
Zone Off Alaska; Bering Sea and
Aleutian Islands; Proposed 2009 and
2010 Harvest Specifications for
Groundfish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
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AGENCY:
SUMMARY: NMFS proposes 2009 and
2010 harvest specifications and
prohibited species catch allowances for
the groundfish fisheries of the Bering
Sea and Aleutian Islands management
area (BSAI). This action is necessary to
establish harvest limits for groundfish
during the 2009 and 2010 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.
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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: Comments must be received by
January 9, 2009.
ADDRESSES: Send comments to Sue
Salveson, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region, NMFS, Attn:
Ellen Sebastian. You may submit
comments, identified by RIN 0648–
XL28, by any one of the following
methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal website at
https://www.regulations.gov.
• Mail: P. O. Box 21668, Juneau, AK
99802.
• Fax: (907) 586–7557.
• Hand delivery to the Federal
Building: 709 West 9th Street, Room
420A, Juneau, AK.
All comments received are a part of
the public record and will generally be
posted to https://www.regulations.gov
without change. All Personal Identifying
Information (e.g., name, address)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments (enter N/A in the required
fields, if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe
portable document file (pdf) formats
only.
Copies of the Final Alaska Groundfish
Harvest Specifications Environmental
Impact Statement (Final EIS), Record of
Decision (ROD), and Initial Regulatory
Flexibility Analysis (IRFA) prepared for
this action are available from NMFS at
the mailing address above or from the
Alaska Region website at https://
www.alaskafisheries.noaa.gov. Copies of
the final 2008 Stock Assessment and
Fishery Evaluation (SAFE) report for the
groundfish resources of the Bering Sea
and Aleutian Islands (BSAI), dated
November 2007, are available from the
North Pacific Fishery Management
Council (Council), 605 West 4th
Avenue, Suite 306, Anchorage, AK
99510–2252, 907–271–2809, or from its
website at https://
www.alaskafisheries.noaa.gov/npfmc/
default.htm.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7269.
SUPPLEMENTARY INFORMATION: Federal
regulations at 50 CFR part 679
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75059
implement the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) and govern the groundfish
fisheries in the BSAI. The 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 annually the total allowable
catch (TAC) for each target species and
the ‘‘other species’’ category, the sum of
which must be within the optimum
yield range of 1.4 million to 2.0 million
metric tons (mt) (see § 679.20(a)(1)(i)).
Section 679.20(c)(1) further requires
NMFS to publish proposed harvest
specifications in the Federal Register
and solicit public comments on
proposed annual TACs and
apportionments thereof, prohibited
species catch (PSC) allowances, and
prohibited species quota (PSQ) reserves
established by § 679.21, seasonal
allowances of pollock, Pacific cod, and
Atka mackerel TAC, Amendment 80
allocations, and Community
Development Quota (CDQ) reserve
amounts established by
§ 679.20(b)(1)(ii). The proposed harvest
specifications set forth in Tables 1
through 12 of this action satisfy these
requirements.
Under § 679.20(c)(3), NMFS will
publish the final harvest specifications
for 2009 and 2010 after (1) considering
comments received within the comment
period (see DATES), (2) consulting with
the Council at its December 2008
meeting, and (3) considering new
information presented in the Final EIS
and the final 2008 SAFE reports
prepared for the 2009 and 2010
groundfish fisheries.
Other Actions Potentially Affecting the
2009 and 2010 Harvest Specifications
The Council submitted Amendment
73 to the FMP. NMFS published a
proposed rule in the Federal Register on
September 24, 2008 (73 FR 55010). This
amendment would remove dark rockfish
(Sebastes ciliatus) from the ‘‘other
rockfish’’ category and from the FMP.
The State of Alaska would assume
management of dark rockfish, and the
TAC of the ‘‘other rockfish’’ category
would be slightly smaller than in
previous years. The Council is
considering a proposal that would
allocate the Pacific cod TAC by Bering
Sea subarea and Aleutian Islands (AI)
subarea instead of a combined BSAI
TAC, although associated fishery
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management implications would require
more time to assess and resolve. As a
result, a Pacific cod split is unlikely for
2009. Additional proposals being
developed by the Plan Team for Council
consideration would separate some
species from the ‘‘other species’’
category so that individual overfishing
levels (OFLs), acceptable biological
catches (ABCs), and TACs may be
established for these species. Another
would allocate the ABC for rougheye
rockfish by Bering Sea subarea and
Aleutian Islands (AI) subarea instead of
a combined BSAI ABC. These latter two
proposals could change the final 2009
and 2010 harvest specifications.
Additionally, the existing 2009 harvest
specifications will be updated in early
2009 when final harvest specifications
for 2009 and new harvest specifications
for 2010 are implemented.
Proposed ABC and TAC Harvest
Specifications
The proposed ABC levels are based on
the best available biological
information, including projected
biomass trends, information on assumed
distribution of stock biomass, and
revised technical methods used to
calculate stock biomass. In general, the
development of ABCs and OFLs
involves sophisticated statistical
analyses of fish populations. The FMP
specifies a series of six tiers based on
the level of reliable information
available to fishery scientists. Tier one
represents the highest level of
information quality available while tier
six represents the lowest level of
information quality available.
Appendix A to the final SAFE report
for the 2008 BSAI groundfish fisheries
dated November 2007 (see ADDRESSES)
sets forth the best information currently
available. Information on the status of
stocks, including the 2008 survey
results, will be updated and considered
by the Council’s Groundfish Plan Team
in November 2008 for the 2008 SAFE
report. The final 2009 and 2010 harvest
specifications will be based on the 2008
SAFE report.
In October 2008, the Scientific and
Statistical Committee (SSC), Advisory
Panel, and the Council reviewed the
Plan Team’s recommended proposed
2009 and 2010 OFL and ABC amounts.
The SSC concurred in the Plan Team’s
recommendations. The
recommendations are based on rollovers
of the current 2009 amounts. This uses
the best information available from the
2007 stock assessments.
The Council adopted the OFL and
ABC amounts recommended by the SSC
(Table 1). The Council recommended
that all the proposed 2009 and 2010
TAC amounts be set equal to the 2008
TAC amounts except for reduced TAC
amounts for sablefish, Atka mackerel,
Pacific ocean perch (POP), northern
rockfish, and the ‘‘other rockfish’’
group. The adjustments from the 2008
TAC amounts account for the lower
2009 ABC amounts for these species. As
in previous years, the Plan Team,
Advisory Panel, SSC, and Council
recommended that total removals of
Pacific cod from the BSAI not exceed
ABC recommendations. Accordingly,
the Council recommended that the
proposed 2009 and 2010 Pacific cod
TACs be adjusted downward from the
ABCs by amounts equal to 3 percent of
the ABC. This adjustment is necessary
to account for the guideline harvest
level (GHL) established for Pacific cod
by the State of Alaska (State) for a State–
managed fishery that occurs in State
waters in the AI subarea. Finally, the
Council recommended using the 2008
and 2009 PSC allowances for the
proposed 2009 and 2010 PSC
allowances. The Council will reconsider
the OFL, ABC, TAC, and PSC amounts
in December 2008 after the Plan Team
incorporates new status of groundfish
stocks information into a final 2008
SAFE report for the 2009 and 2010 BSAI
groundfish fishery. None of the
Council’s recommended proposed TACs
for 2009 or 2010 exceeds the
recommended 2009 or 2010 proposed
ABC for any species category. NMFS
finds the Council’s recommended
proposed 2009 and 2010 OFL, ABC, and
TAC amounts consistent with the best
available information on the biological
condition of the groundfish stocks.
Table 1 lists the proposed 2009 and
2010 OFL, ABC, TAC, initial TAC
(ITAC), and CDQ amounts for
groundfish for the BSAI. The proposed
apportionment of TAC amounts among
fisheries and seasons is discussed
below.
TABLE 1—PROPOSED 2009 AND 2010 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]
Proposed 2009 and 2010
Species
Area
OFL
Pollock3
BS
AI
Bogoslof
ABC
ITAC2
TAC
CDQ3,4,5
1,320,000
26,100
58,400
1,000,000
22,700
7,970
1,000,000
19,000
10
900,000
17,100
10
100,000
1,900
0
207,000
176,000
170,720
152,453
18,267
BS
AI
2,910
2,510
2,610
2,230
2,610
2,230
1,109
474
98
41
Atka mackerel
BSAI
EAI/BS
CAI
WAI
50,600
n/a
n/a
n/a
47,500
15,300
19,000
13,200
47,500
15,300
19,000
13,200
42,418
13,663
16,967
11,788
5,083
1,637
2,033
1,412
Yellowfin sole
BSAI
296,000
296,000
225,000
200,925
24,075
Rock sole
BSAI
379,000
375,000
75,000
66,975
8,025
Greenland turbot
BSAI
BS
AI
16,000
n/a
n/a
2,540
1,750
790
2,540
1,750
790
2,159
1,488
672
n/a
187
0
Pacific cod4
BSAI
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Sablefish5
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Federal Register / Vol. 73, No. 238 / Wednesday, December 10, 2008 / Proposed Rules
75061
TABLE 1—PROPOSED 2009 AND 2010 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]
Proposed 2009 and 2010
Species
Area
OFL
ABC
ITAC2
TAC
CDQ3,4,5
Arrowtooth flounder
BSAI
300,000
246,000
75,000
63,750
8,025
Flathead sole
BSAI
83,700
69,700
50,000
44,650
5,350
Other flatfish6
BSAI
28,800
21,600
21,600
18,360
0
Alaska plaice
BSAI
277,000
217,000
50,000
42,500
0
Pacific ocean
perch
BSAI
25,400
21,300
21,300
18,845
n/a
BS
EAI
CAI
WAI
n/a
n/a
n/a
n/a
4,100
4,810
4,900
7,490
4,100
4,810
4,900
7,490
3,485
4,295
4,376
6,689
0
515
524
801
Northern rockfish
BSAI
9,680
8,130
8,130
6,911
0
Shortraker rockfish
BSAI
564
424
424
360
0
Rougheye rockfish
BSAI
269
202
202
172
0
BSAI
BS
AI
1,290
n/a
n/a
968
414
554
968
414
554
823
352
471
0
0
0
Squid
BSAI
2,620
1,970
1,970
1,675
0
Other species8
BSAI
104,000
78,100
50,000
42,500
0
3,191,843
2,577,944
1,824,204
1,624,168
172,891
Other
rockfish7
TOTAL
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 guideline harvest level in State waters of
the Aleutian Islands subarea.
5 For the Amendment 80 species (Atka mackerel, Aleutian Islands Pacific ocean perch, yellowfin sole, rock sole, flathead sole, and Pacific
cod), 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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Reserves and the Incidental Catch
Allowance (ICA) for Pollock, 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.
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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 that
7.5 percent of the trawl gear allocations
of sablefish and 10.7 percent of Bering
Sea Greenland turbot and arrowtooth
flounder be allocated to the respective
CDQ reserves. Section 679.20(b)(1)(ii)(C)
requires that 10.7 percent of the TACs
for Atka mackerel, Aleutian Islands
Pacific ocean perch, yellowfin sole, rock
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sole, flathead sole, and Pacific cod be
allocated to the CDQ reserves. Sections
679.20(a)(5)(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 incidental catch
allowance (ICA) (see § 679.20(a)(5)(ii)).
With the exception of the hook–and–
line and pot gear sablefish CDQ reserve,
the regulations do not further apportion
the CDQ reserves by gear. Section
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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 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.
Pursuant to § 679.20(a)(5)(i)(A)(1),
NMFS proposes 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’s examination of the
pollock incidental catch, including the
incidental catch by CDQ vessels, in
target fisheries other than pollock from
1999 through 2008. During this 10-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
proposes a pollock ICA of 1,600 mt for
AI subarea after subtraction of the 10
percent CDQ directed fishing allowance
(DFA). This allowance is based on
NMFS’s examination of the pollock
incidental catch, including the
incidental catch by CDQ vessels, in
target fisheries other than pollock from
2003 through 2008. During this 6-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 proposes 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
for both Pacific ocean perch and Atka
mackerel, 100 mt of Eastern Aleutian
District Pacific ocean perch, and 200 mt
of Eastern Aleutian District and Bering
Sea subarea Atka mackerel after
subtraction of the 10.7 percent CDQ
reserve. These allowances are based on
NMFS’s examination of the incidental
catch in other target fisheries from 2003
through 2008.
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 that
contributed to the non–specified reserve
and the ‘‘other species’’ category during
the year, provided that such
apportionments do not result in
overfishing (see § 679.20(b)(1)(i)).
Allocations 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
10 percent for the CDQ program and 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 2 lists these proposed 2009 and
2010 amounts.
Section 679.20(a)(5)(i)(A)(4) also
includes several specific requirements
regarding Bering Sea subarea pollock
allocations. First, 8.5 percent of the
pollock allocated to the catcher/
processor sector will be available for
harvest by AFA catcher vessels with
catcher/processor sector endorsements,
unless the Regional Administrator
receives a cooperative contract that
provides for the distribution of harvest
among AFA catcher/processors and
AFA catcher vessels in a manner agreed
to by all members. Second, AFA
catcher/processors not listed in the AFA
are limited to harvesting not more than
0.5 percent of the pollock allocated to
the catcher/processor sector. Table 2
lists the proposed 2009 and 2010
allocations of pollock TAC. Tables 9
through 12 list the AFA catcher/
processor and catcher vessel harvesting
sideboard limits. In past years, the
proposed harvest specifications
included text and tables describing
pollock allocations to the Bering Sea
subarea inshore pollock cooperatives
and open access sector. These
allocations are based on the submission
of AFA inshore cooperative applications
due to NMFS on December 1 of each
calendar year. Because AFA inshore
cooperative applications for 2009 have
not yet been submitted to NMFS,
thereby preventing NMFS from
calculating 2009 allocations, NMFS has
not included inshore cooperative text
and tables in these proposed harvest
specifications. NMFS will post AFA
inshore cooperative allocations on the
Alaska Region website at https://
www.alaskafisheries.noaa.gov when
they become available in December
2008.
Table 2 also lists proposed seasonal
apportionments of pollock and harvest
limits within the Steller Sea Lion
Conservation Area (SCA). The harvest of
pollock within the SCA, as defined at
§ 679.22(a)(7)(vii), is limited to 28
percent of the DFA until April 1. The
remaining 12 percent of the 40 percent
annual DFA allocated to the A season
may be taken outside the SCA before
April 1 or inside the SCA after April 1.
If less than 28 percent of the annual
DFA is taken inside the SCA before
April 1, the remainder will be available
to be taken inside the SCA after April
1. The A season pollock SCA harvest
limit will be apportioned to each sector
in proportion to each sector’s allocated
percentage of the DFA. Table 2 lists by
sector these proposed 2009 and 2010
amounts.
TABLE 2—PROPOSED 2009 AND 2010 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK
FISHERIES AND TO THE CDQ DIRECTED FISHING ALLOWANCES (DFA)1
[Amounts are in metric tons]
2009 and 2010 A season1
2009 and 2010 allocations
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Area and sector
Bering Sea subarea TAC
CDQ DFA
ICA 1
AFA Inshore
AFA Catcher/Processors3
Catch by C/Ps
Catch by CVs3
Unlisted C/P Limit4
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A season DFA
1,000,000
100,000
31,500
434,250
347,400
317,871
29,529
1,737
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SCA harvest limit2
n/a
40,000
n/a
173,700
138,960
127,148
11,812
695
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2009 and 2010 B season1
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n/a
28,000
n/a
121,590
97,272
n/a
n/a
n/a
10DEP1
B season DFA
n/a
60,000
n/a
260,550
208,440
190,723
17,717
1,042
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TABLE 2—PROPOSED 2009 AND 2010 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK
FISHERIES AND TO THE CDQ DIRECTED FISHING ALLOWANCES (DFA)1—Continued
[Amounts are in metric tons]
2009 and 2010 A season1
2009 and 2010 allocations
Area and sector
AFA Motherships
Excessive Harvesting Limit5
Excessive Processing Limit6
Total Bering Sea DFA (non-CDQ)
2009 and 2010 B season1
SCA harvest limit2
A season DFA
B season DFA
86,850
151,988
260,550
868,501
24,318
n/a
n/a
243,180
52,110
n/a
n/a
521,100
19,000
1,900
1,600
15,500
n/a
760
800
10,200
n/a
n/a
n/a
n/a
n/a
1,140
800
5,300
10
Aleutian Islands subarea1
CDQ DFA
ICA
Aleut Corporation
34,740
n/a
n/a
347,400
n/a
n/a
n/a
Bogoslof District ICA7
mstockstill on PROD1PC66 with PROPOSALS
1 Pursuant to § 679.20(a)(5)(i)(A), the annual Bering Sea subarea pollock TAC, after subtraction for the CDQ DFA (10 percent) and the ICA
(3.5 percent), is allocated as a DFA as follows: inshore sector 50 percent, catcher/processor sector 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 DFA (10 percent) and second the ICA (1,600 mt), is allocated to the Aleut Corporation for a directed pollock fishery. In the AI subarea,
the A season is allocated 40 percent of the ABC and the B season is allocated the remainder of the directed pollock fishery.
2 In the Bering Sea subarea, no more than 28 percent of each sector’s annual DFA may be taken from the sealion conservation area (SCA)
before April 1. The remaining 12 percent of the annual DFA allocated to the A season may be taken outside of the SCA before April 1 or inside
the SCA after April 1. If 28 percent of the annual DFA is not taken inside the SCA before April 1, the remainder is available to be taken inside
the SCA after April 1.
3 Pursuant to § 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors (C/Ps) shall be available for
harvest only by eligible catcher vessels (CVs) delivering to listed catcher/processors.
4 Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/
processors sector’s allocation of pollock.
5 Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the pollock
DFAs not including CDQ.
6 Pursuant to § 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the pollock
DFAs not including CDQ.
7 The Regional Administrator proposes closing the Bogoslof pollock fishery for directed fishing under the final 2009 and 2010 harvest specifications for the BSAI. The amounts specified are for incidental catch only and are not apportioned by season or sector.
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 (Table 3). 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 Bering Sea subarea Atka mackerel
ITAC may be allocated to jig gear. The
amount of this allocation is determined
annually by the Council based on
several criteria, including the
anticipated harvest capacity of the jig
gear fleet. The Council recommended
and NMFS proposes a 0.5 percent
allocation of the Atka mackerel ITAC in
the Eastern Aleutian District and Bering
Sea subarea to jig gear in 2009 and 2010.
Based on the proposed 2009 and 2010
TAC of 15,300 mt after subtractions of
the CDQ reserve and ICA, the jig gear
allocation would be 67 mt for 2009 and
2010.
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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 fishery categories: 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 fishery categories 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
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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 for the first HLA fishery in
all three fishery categories at the same
time. The initial opening of fishing in
the HLA will be based on the first
directed fishing closure of Atka
mackerel for the Eastern Aleutian
District and Bering Sea subarea
allocation for any one of the three non–
CDQ fishery categories allocated Atka
mackerel TAC.
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TABLE 3—PROPOSED 2009 AND 2010 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]
2009 allocation by area
Sector2
Season1,3,4
TAC
n/a
CDQ
reserve
Eastern Aleutian District/
Bering Sea
Central Aleutian District
2010 allocation by area
Western Aleutian District
Eastern Aleutian District/
Bering Sea
Central Aleutian District
Western Aleutian District
15,300
19,000
13,200
15,300
19,000
13,200
Total
HLA5
1,637
n/a
2,033
1,220
1,412
847
1,637
n/a
2,033
1,220
1,412
847
ICA
Total
200
20
20
200
20
20
Jig6
Total
67
0
0
67
0
0
BSAI trawl limited access
Total
536
678
0
804
1,017
0
A
HLA
268
n/a
339
203
0
0
402
n/a
508
305
0
0
B
HLA
268
n/a
339
203
0
0
402
n/a
508
305
0
0
Total
6,835
9,796
7,254
6,683
9,590
7,255
A
HLA
3,418
n/a
4,898
2,939
3,627
2,176
3,342
n/a
4,795
2,877
3,628
2,177
B
HLA
3,418
n/a
4,898
2,939
3,627
2,176
3,342
n/a
4,795
2,877
3,628
2,177
Total
6,025
6,473
4,514
5,909
6,340
4,513
A
HLA
3,013
n/a
3,237
1,942
2,257
1,354
2,955
n/a
3,170
1,902
2,257
1,354
B
HLA
3,013
n/a
3,237
1,942
2,257
1,354
2,955
n/a
3,170
1,902
2,257
1,354
Amendment 80
limited access
Amendment 80
cooperatives
1
Regulations at §§ 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery.
Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtraction of the CDQ reserves, ICAs, and the jig gear allocation, 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).
3 The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
4 The A season is January 1 (January 20 for trawl gear) to April 15, and the B season is September 1 to November 1.
5 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
2009 and 2010, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts.
6 Section 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian District and 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.
2
mstockstill on PROD1PC66 with PROPOSALS
Allocation of the Pacific Cod TAC
Section 679.20(a)(7)(i) and (ii)
requires that the Pacific cod TAC in the
BSAI, after subtraction of 10.7 percent
for the CDQ program, be allocated 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
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catcher/processors, 2.3 percent to 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. The Regional Administrator
proposes an ICA of 500 mt for 2009 and
2010 based on anticipated incidental
catch in these 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.
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The Pacific cod ITAC is apportioned
into seasonal allowances to disperse the
Pacific cod fisheries over the fishing
year (see §§ 679.20(a)(7) and
679.23(e)(5)). 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.
Pursuant to §§ 679.20(a)(7)(i)(B) and
679.23(e)(5), the CDQ season allowances
by gear are as follows: for most hook–
and–line catcher/processors and hook–
and–line catcher vessels greater than or
equal to 60 ft (18.3 m) LOA, the first
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seasonal allowance of 60 percent of the
ITAC is made available for directed
fishing from January 1 to June 10, and
the second seasonal allowance of 40
percent of the ITAC is made available
from June 10 to December 31. No
seasonal harvest constraints are
imposed on the Pacific cod fishery for
pot gear or catcher vessels less than 60
ft (18.3 m) LOA using hook–and–line
gear. For trawl gear, the first season is
January 20 to April 1 and is allocated 60
percent of the ITAC. The second season,
April 1 to June 10, and the third season,
June 10 to November 1, are each
allocated 20 percent of the ITAC. The
trawl catcher vessel allocation is further
allocated as 70 percent in the first
season, 10 percent in the second season,
and 20 percent in the third season. The
trawl catcher/processor allocation is
allocated 50 percent in the first season,
30 percent in the second season, and 20
percent in the third season. For jig gear,
the first and third seasonal allowances
are each allocated 40 percent of the
ITAC, and the second seasonal
allowance is allocated 20 percent of the
ITAC.
Pursuant to §§ 679.20(a)(7)(iv)(A) and
679.23(e)(5), the non–CDQ season
allowances by gear are as follows. For
hook–and–line and pot catcher/
processors and hook–and–line and pot
vessels greater than or equal to 60 ft
(18.3 m) LOA, the first seasonal
allowance of 51 percent of the ITAC is
made available for directed fishing from
January 1 to June 10, and the second
seasonal allowance of 49 percent of the
ITAC is made available from June 10
(September 1 for pot gear) to December
31. No seasonal harvest constraints are
imposed on the Pacific cod fishery for
75065
catcher vessels less than 60 ft (18.3 m)
LOA using hook–and–line or pot gear.
For trawl gear, the first season is January
20 to April 1, the second season is April
1 to June 10, and the third season is June
10 to November 1. The trawl catcher
vessel allocation is further allocated as
74 percent in the first season, 11 percent
in the second season, and 15 percent in
the third season. The trawl catcher/
processor allocation is allocated 75
percent in the first season, 25 percent in
the second season, and zero percent in
the third season. 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
4 lists the proposed 2009 and 2010
allocations and seasonal
apportionments of the Pacific cod TAC.
TABLE 4—PROPOSED 2009 AND 2010 GEAR SHARES AND SEASONAL ALLOWANCES OF THE BSAI
PACIFIC COD TAC
[Amounts are in metric tons]
Gear sector
2009 and
2010 share of
gear sector
total
Percent
2009 and
2010 share of
sector total
2009 and 2010 seasonal apportionment
Season
Amount
Total TAC
100
170,720
n/a
n/a
n/a
CDQ
10.7
18,267
n/a
see § 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 ICA1
n/a
n/a
500
n/a
n/a
Hook-and-line/pot sub-total
n/a
92,191
n/a
n/a
n/a
48.7
n/a
73,844
Jan 1-Jun 10
37,660
Jun 10-Dec 31
36,184
Jan 1-Jun 10
155
Jun 10-Dec 31
149
Jan 1-Jun 10
1,160
Sept 1-Dec 31
1,114
Jan 1-Jun 10
6,496
Sept 1-Dec 31
6,241
Hook-and-line catcher/processors
Hook-and-line catcher vessels ≥ 60 ft LOA
0.2
Pot catcher/processors
n/a
1.5
Pot catcher vessels ≥ 60 ft LOA
n/a
8.4
Catcher vessels < 60 ft LOA using hook-andline or pot gear
n/a
303
2,274
12,737
mstockstill on PROD1PC66 with PROPOSALS
n/a
33,692
n/a
Jan 20-Apr 1
24,932
3,706
5,054
Jan 20-Apr 1
2,630
Apr 1- Jun 10
877
Jun 10-Nov 1
0
Jan 20-Apr 1
15,322
2.3
Amendment 80
16:30 Dec 09, 2008
n/a
Jun 10-Nov 1
VerDate Aug<31>2005
3,033
Apr 1-Jun 10
AFA trawl catcher processors
n/a
22.1
Trawl catcher vessels
2.0
3,506
13.4
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TABLE 4—PROPOSED 2009 AND 2010 GEAR SHARES AND SEASONAL ALLOWANCES OF THE BSAI
PACIFIC COD TAC—Continued
[Amounts are in metric tons]
Gear sector
2009 and
2010 share of
gear sector
total
Percent
2009 and 2010 seasonal apportionment
2009 and
2010 share of
sector total
Season
Amount
Apr 1- Jun 10
Jun 10-Nov 1
Jan 20-Apr 1
12,804
4,268
0
Jan 1-Apr 30
1,281
427
Aug 31-Dec 31
427
n/a
17,072
1.4
0
Apr 30-Aug 31
Jig
839
Jun 10-Nov 1
n/a
2,518
Apr 1- Jun 10
Amendment 80 cooperative
3,357
Jan 20-Apr 1
Jun 10-Nov 1
n/a
0
Apr 1- Jun 10
Amendment 80 limited access
5,107
n/a
2,134
n/a
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 proposes an ICA of 500 mt for 2009 and 2010 based on anticipated incidental catch in these
fisheries.
Sablefish Gear Allocation
Sections 679.20(a)(4)(iii) and (iv)
require the allocation of sablefish TACs
for the Bering Sea and AI subareas
between trawl gear and hook–and–line
or pot gear. Gear allocations of the TACs
for the Bering Sea subarea are 50
percent for trawl gear and 50 percent for
hook–and–line or pot gear and for the
AI subarea are 25 percent for trawl gear
and 75 percent for hook–and–line or pot
gear. Section 679.20(b)(1)(ii)(B) requires
apportionment of 20 percent of the
hook–and–line and pot gear allocation
of sablefish to the CDQ reserve.
Additionally, § 679.20(b)(1)(ii)(D)
requires apportionment of 7.5 percent of
the trawl gear allocation of sablefish to
the CDQ reserve. The Council
recommended that only trawl sablefish
TAC be established biennially. The
harvest specifications for the hook–and–
line gear and pot gear sablefish
Individual Fishing Quota (IFQ) fisheries
will be limited to the 2009 fishing year
to ensure those fisheries are conducted
concurrently with the halibut IFQ
fishery. Concurrent sablefish and
halibut IFQ fisheries would reduce the
potential for discards of halibut and
sablefish in those fisheries. The
sablefish IFQ fisheries would remain
closed at the beginning of each fishing
year until the final harvest
specifications for the sablefish IFQ
fisheries are in effect. Table 5 lists the
proposed 2009 and 2010 gear
allocations of the sablefish TAC and
CDQ reserve amounts.
TABLE 5—PROPOSED 2009 AND 2010 GEAR SHARES AND CDQ RESERVE OF BSAI SABLEFISH TACS
[Amounts are in metric tons]
Percent of
TAC
2009 Share
of TAC
2009 ITAC1
2009 CDQ
reserve
2010 ITAC
2010 ITAC
2010 CDQ
reserve
50
50
1,305
1,305
1,109
n/a
98
261
1,305
n/a
1,109
n/a
98
n/a
100
2,610
1,109
359
2,610
1,109
98
25
75
558
1,673
474
n/a
42
335
558
n/a
474
n/a
42
n/a
100
Subarea and gear
2,230
474
376
2,230
474
42
Bering Sea
Trawl
Hook-and-line gear2
TOTAL
Aleutian Islands
Trawl
Hook-and-line gear2
mstockstill on PROD1PC66 with PROPOSALS
TOTAL
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. Section 679.20(b)(1) does not provide for the establishment of an ITAC for sablefish allocated to hook-and-line or pot gear.
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Federal Register / Vol. 73, No. 238 / Wednesday, December 10, 2008 / Proposed Rules
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. The
allocation of the ITAC for Aleutian
Islands Pacific ocean perch, flathead
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 between the
Amendment 80 sector and BSAI trawl
limited access for Aleutian Islands
sole, rock sole, and yellowfin sole to the
Amendment 80 sector is established in
Tables 33 and 34 to part 679 and
§ 679.91. Table 6 lists the proposed 2009
and 2010 allocations and seasonal
apportionments of the Aleutian Islands
Pacific ocean perch, flathead sole, rock
sole, and yellowfin sole TACs.
TABLE 6—PROPOSED 2009 AND 2010 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
Sector
Eastern Aleutian District
2009
Flathead
sole
Central Aleutian District
2010
2009
2010
2009
2010
Yellowfin
sole
BSAI
BSAI
BSAI
2009 and
2010
Western Aleutian District
Rock
sole
2009 and
2010
2009
2010
TAC
4,810
4,810
4,900
4,900
7,490
7,490
50,000
75,000
225,000
225,000
CDQ
515
515
524
524
801
801
5,350
8,025
24,075
24,075
ICA
100
100
10
10
10
10
4,500
5,000
2,000
2,000
BSAI trawl limited access
420
420
437
437
134
134
0
0
44,512
44,512
Amendment 80
3,776
3,776
3,929
3,929
6,545
6,545
40,150
61,975
154,413
154,413
Amendment 80
limited access1
2,002
2,002
2,083
2,083
3,470
3,470
4,686
15,260
61,595
61,595
Amendment 80
cooperatives1
1,774
1,774
1,846
1,846
3,075
3,075
35,464
46,715
92,818
92,818
1The 2010 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, 2009.
mstockstill on PROD1PC66 with PROPOSALS
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 2009 and 2010 BSAI
halibut mortality limits are 3,675 mt for
trawl fisheries and 900 mt for the non–
trawl fisheries. Section
679.21(e)(3)(i)(A)(2) and (e)(4)(i)(A)
allocates 276 mt in 2009 and 326 mt in
2010 of the trawl halibut mortality limit
and allocates 7.5 percent, or 67 mt, of
the non–trawl halibut mortality limit as
the prohibited species quota (PSQ)
reserve for use by the groundfish CDQ
program. Section 679.21(e)(1)(vii)
specifies 29,000 fish as the 2009 and
2010 Chinook salmon PSC limit for the
Bering Sea subarea pollock fishery.
Section 679.21(e)(3)(i)(A)(3)(i) allocates
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 2009 and 2010
Chinook salmon PSC limit for the AI
subarea pollock fishery. Section
679.21(e)(3)(i)(A)(3)(i) allocates 7.5
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16:30 Dec 09, 2008
Jkt 217001
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 2009 and
2010 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
and allocates the remaining 37,506 non–
Chinook salmon to the non–CDQ
fisheries.
PSC limits for crab and herring are
specified annually based on abundance
and spawning biomass. Due to the lack
of new information as of October 2008
regarding PSC limits and
apportionments, the Council
recommended and NMFS proposes
using the crab and herring 2008 and
2009 PSC limits and apportionments for
the proposed 2009 and 2010 limits and
apportionments. The Council will
reconsider these amounts in December
2008, based on recommendations by the
Plan Team and the SSC. Pursuant to
§ 679.21(e)(3)(i)(A)(1), 10.7 percent of
each PSC limit specified for crab is
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allocated as a PSQ reserve for use by the
groundfish CDQ program.
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 lb
(33,113 mt). Based on the criteria set out
at § 679.21(e)(1)(ii), the proposed 2009
and 2010 PSC limit of red king crab in
Zone 1 for trawl gear is 197,000 animals.
This limit derives from the mature
female abundance estimate of more than
84 million king crab and the effective
spawning biomass estimate of more than
55 million lbs (24,948 mt).
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
regulations limit the RKCSS to up to 25
percent of the red king crab PSC
allowance based on the need to
optimize the groundfish harvest relative
to red king crab bycatch. NMFS
proposes the Council’s recommendation
that the red king crab bycatch limit be
equal to 25 percent of the red king crab
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PSC allowance within the RKCSS (Table
7b).
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 calculated 2009 and 2010 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 are
derived from the C. bairdi crab
abundance estimate being in excess of
the 400 million animal threshold
specified in § 679.21(e)(1)(ii).
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 2009 and 2010 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
proposed for 2009 and 2010 is 1,726 mt
for all trawl gear as presented in Tables
7a and b.
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 7a. The amount of the 2009
PSC limits 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 7d and e. PSC CQ
assigned to Amendment 80 cooperatives
is not allocated to specific fishery
categories. The 2010 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, 2009.
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.
Section 679.21(e)(4) authorizes the
apportionment of the non–trawl halibut
PSC limits into PSC bycatch allowances
among six fishery categories. Table 7c
lists the fishery bycatch allowances for
the BSAI trawl limited access and non–
trawl fisheries.
As in past years after consultation
with the Council, NMFS proposes to
exempt pot gear, jig gear, and the
sablefish IFQ hook–and–line gear
fishery categories from halibut bycatch
restrictions because 1) the pot gear
fisheries have low halibut bycatch
mortality, 2) halibut mortality for the jig
gear fleet is assumed to be negligible,
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 2008, total groundfish catch for
the pot gear fishery in the BSAI was
approximately 22,000 mt, with an
associated halibut bycatch mortality of
about 1 mt. The 2008 jig gear fishery
harvested about 176 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. NMFS proposes the
Council’s recommendation of the
seasonal PSC apportionments in Tables
7c and 7e to maximize harvest among
gear types, fisheries, and seasons while
minimizing bycatch of PSC based on the
above criteria.
TABLE 7A—PROPOSED 2009 AND 2010 APPORTIONMENT OF PROHIBITED SPECIES CATCH ALLOWANCES
TO NON–TRAWL GEAR, THE CDQ PROGRAM, AMENDMENT 80, AND THE BSAI TRAWL LIMITED ACCESS SECTORS
PSC species
Non-trawl
PSC remaining after
CDQ PSQ1
Total nontrawl PSC
Total trawl
PSC
Trawl PSC
remaining
after CDQ
PSQ1
Amendment 80 sector
CDQ PSQ reserve1
2009
BSAI trawl
limited access fishery
2010
900
832
3,675
3,400 mt in
2009 and
3,282 mt in
2010
343 in 2009
and 393 in
2010
2,475
2,425
875
Herring (mt)
BSAI
mstockstill on PROD1PC66 with PROPOSALS
Halibut mortality
(mt) BSAI
n/a
n/a
1,726
n/a
n/a
n/a
n/a
n/a
Red king crab
(animals) Zone
11
n/a
n/a
197,000
175,921
21,079
104,427
98,920
53,797
C. opilio (animals) COBLZ2
n/a
n/a
4,350,000
3,884,550
465,450
2,267,412
2,148,156
1,248,494
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TABLE 7A—PROPOSED 2009 AND 2010 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
Non-trawl
PSC remaining after
CDQ PSQ1
Total nontrawl PSC
Total trawl
PSC
Trawl PSC
remaining
after CDQ
PSQ1
Amendment 80 sector
CDQ PSQ reserve1
2009
2010
BSAI trawl
limited access fishery
C. bairdi crab
(animals) Zone
12
n/a
n/a
980,000
875,140
104,860
437,658
414,641
411,228
C. bairdi crab
(animals) Zone
22
n/a
n/a
2,970,000
2,652,210
317,790
745,536
706,284
1,241,500
1Section 679.21(e)(3)(i)(A)(2) allocates 276 mt in 2009 and 326 mt in 2010 of the trawl halibut mortality limit and section 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. The PSQ reserve
for crab species is 10.7 percent of each crab PSC limit.
2Refer to 50 CFR 679.2 for definitions of zones.
TABLE 7B—PROPOSED 2009 AND
2010 HERRING AND RED KING
CRAB SAVINGS SUBAREA PROHIBITED SPECIES CATCH ALLOWANCES FOR ALL TRAWL
SECTORS
Fishery Categories
Herring (mt)
BSAI
Red king
crab
(animals)
Zone 1
TABLE 7B—PROPOSED 2009 AND
2010 HERRING AND RED KING
CRAB SAVINGS SUBAREA PROHIBITED SPECIES CATCH ALLOWANCES FOR ALL TRAWL
SECTORS—Continued
Fishery Categories
Herring (mt)
BSAI
Red king
crab
(animals)
Zone 1
148
n/a
Midwater
trawl pollock
1,318
n/a
Rock sole/
flathead sole/
other flatfish1
26
n/a
Pollock/Atka
mackerel/
other species3
187
n/a
Turbot/
arrowtooth/
sablefish2
12
n/a
Red king
crab savings
subarea
Non-pelagic trawl
gear4
n/a
n/a
n/a
49,250
Yellowfin
sole
Rockfish
mstockstill on PROD1PC66 with PROPOSALS
Pacific cod
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26
n/a
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TABLE 7B—PROPOSED 2009 AND
2010 HERRING AND RED KING
CRAB SAVINGS SUBAREA PROHIBITED SPECIES CATCH ALLOWANCES FOR ALL TRAWL
SECTORS—Continued
Fishery Categories
Total trawl
PSC
Herring (mt)
BSAI
1,726
Red king
crab
(animals)
Zone 1
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.
2Greenland turbot, arrowtooth flounder, and
sablefish fishery category.
2Greenland turbot, arrowtooth flounder, and
sablefish fishery category.
3Non-pollock, Atka mackerel, and ‘‘other
species’’ fishery category.
4In October 2008 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)).
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TABLE 7D—PROPOSED 2009 PROHIBITED SPECIES BYCATCH ALLOWANCE FOR THE BSAI AMENDMENT
80 COOPERATIVES
Prohibited species and zones1
Year
2009
1
Red king crab
(animals)
Zone 1
Halibut mortality (mt)
BSAI
1,793
C. bairdi
(animals)
C. opilio
(animals)
COBLZ
74,345
Zone 1
1,544,825
Zone 2
321,922
548,443
Refer to § 679.2 for definitions of zones.
TABLE 7E—PROPOSED 2009 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI AMENDMENT
80 LIMITED ACCESS FISHERIES
Prohibited species and zone1
Halibut mortality
(mt) BSAI
Red king crab
(animals)
Zone 1
C. bairdi
(animals)
C. opilio
(animals)
COBLZ
Zone 1
Zone 2
Yellowfin sole
Jan 20 - Jul 1
Jul 1 - Dec 31
359
212
148
5,867
5,674
193
632,306
622,726
9,580
60,832
56,349
4,483
149,709
120,793
28,916
Rock sole/other flat/flathead sole2
Jan 20 - Apr 1
Apr 1 - Jul 1
July 1 - Dec 31
222
178
20
24
24,039
23,687
176
176
89,476
86,449
1,590
1,437
54,593
48,162
3,371
3,060
46,523
40,637
2,943
2,943
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Amendment 80 trawl limited access fisheries
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TABLE 7E—PROPOSED 2009 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI AMENDMENT
80 LIMITED ACCESS FISHERIES—Continued
Prohibited species and zone1
Amendment 80 trawl limited access fisheries
Halibut mortality
(mt) BSAI
Red king crab
(animals)
Zone 1
C. bairdi
(animals)
C. opilio
(animals)
COBLZ
Zone 1
Zone 2
Turbot/arrowtooth/sablefish3
n/a
n/a
n/a
n/a
n/a
Rockfish
50
n/a
n/a
n/a
n/a
1
176
805
311
861
50
0
0
0
0
682
30,082
722,587
115,736
197,093
Pacific cod
Pollock/Atka mackerel/other4
Total Amendment 80 trawl limited access PSC
1Refer
to § 679.2 for definitions of zones.
2‘‘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.
3Greenland turbot, arrowtooth flounder, and sablefish fishery category.
4Pollock other than pelagic trawl pollock, Atka mackerel, and ‘‘other species’’ fishery category.
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 proposes the Council’s
recommendation that the halibut DMRs
developed and recommended by the
International Pacific Halibut
Commission (IPHC) for the 2009 and
2010 BSAI groundfish fisheries be used
for monitoring the proposed 2009 and
2010 halibut bycatch allowances (see
Tables 7a–e). The DMRs proposed for
the 2009 and 2010 BSAI non–CDQ
fisheries are the same as those used in
2008. The IPHC developed the DMRs for
the 2009 and 2010 BSAI non–CDQ
groundfish fisheries using the 10-year
mean DMRs for those fisheries. The
IPHC changed the DMRs for the 2009
and 2010 BSAI CDQ groundfish
fisheries using the 1998 to 2006 DMRs
for those fisheries. The IPHC will
analyze observer data annually and
recommend changes to the DMRs when
a fishery DMR shows large variation
from the mean. A copy of the document
justifying these DMRs is available from
the Council (see ADDRESSES) and the
DMRs are discussed in Appendix A of
the final 2007 SAFE report dated
November 2007. Table 8 lists the
proposed 2009 and 2010 DMRs.
TABLE 8—PROPOSED 2009 AND 2010 ASSUMED PACIFIC HALIBUT DISCARD MORTALITY RATES FOR THE
BSAI
Halibut discard mortality
rate (percent)
Fishery
Non-CDQ hook-and-line
Greenland turbot ...................................................................................................................................
Other species ........................................................................................................................................
Pacific cod .............................................................................................................................................
Rockfish .................................................................................................................................................
13
11
11
17
Non-CDQ trawl
mstockstill on PROD1PC66 with PROPOSALS
Gear
Arrowtooth flounder ...............................................................................................................................
Atka mackerel ........................................................................................................................................
Flathead sole .........................................................................................................................................
Greenland turbot ...................................................................................................................................
Non-pelagic pollock ...............................................................................................................................
Pelagic pollock ......................................................................................................................................
Other flatfish ..........................................................................................................................................
Other species ........................................................................................................................................
Pacific cod .............................................................................................................................................
Rockfish .................................................................................................................................................
Rock sole ...............................................................................................................................................
Sablefish ................................................................................................................................................
Yellowfin sole ........................................................................................................................................
75
76
70
70
74
88
74
70
70
76
80
75
80
Non-CDQ pot
Other species ........................................................................................................................................
Pacific cod .............................................................................................................................................
7
7
CDQ trawl
Atka mackerel ........................................................................................................................................
Flathead sole .........................................................................................................................................
Non-pelagic pollock ...............................................................................................................................
Pelagic pollock ......................................................................................................................................
85
70
86
90
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TABLE 8—PROPOSED 2009 AND 2010 ASSUMED PACIFIC HALIBUT DISCARD MORTALITY RATES FOR THE
BSAI—Continued
Gear
Halibut discard mortality
rate (percent)
Fishery
Rockfish .................................................................................................................................................
Rock sole ...............................................................................................................................................
Yellowfin sole ........................................................................................................................................
82
86
86
CDQ hook-and-line
Greenland turbot ...................................................................................................................................
Pacific cod .............................................................................................................................................
4
10
CDQ pot
Pacific cod .............................................................................................................................................
Sablefish ................................................................................................................................................
7
34
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 for Amendment 68 to the FMP
for groundfish of the GOA (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 and
in the final 2009 and 2010 harvest
limits. The basis for these proposed
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).
All harvests of groundfish sideboard
species by listed AFA catcher/
processors, whether as targeted catch or
incidental catch, will be deducted from
the proposed sideboard limits in Table
9. However, groundfish sideboard
species that are delivered to listed AFA
catcher/processors by catcher vessels
will not be deducted from the proposed
2009 and 2010 sideboard limits for the
listed AFA catcher/processors.
specifications this would effectively
close directed fishing for BSAI Pacific
cod in July for catcher vessels under the
Rockfish Program sideboard limitations.
Listed AFA Catcher/Processor
Sideboard Limits
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. Table 9 lists the proposed 2009
and 2010 catcher/processor sideboard
TABLE 9—PROPOSED 2009 AND 2010 BSAI GROUNDFISH SIDEBOARD LIMITS FOR LISTED AMERICAN
FISHERIES ACT CATCHER/PROCESSORS (C/P)
[Amounts are in metric tons]
1995 - 1997
2009 and
2010 ITAC
available to
all trawl C/
Ps1
2009 and
2010 AFA C/
P sideboard
limit
Retained catch
Target species
Total catch
Ratio of retained
catch to
total catch
8
0
497
145
0.016
0.000
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
8,484
5,090
8,484
5,090
976
585
976
585
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
0.200
n/a
0.200
n/a
5,894
3,536
5,894
3,536
1,179
707
1,179
707
Area
Sablefish trawl
BS
AI
Atka mackerel
Central AI
A season2
HLA limit3
B season2
HLA limit3
Western AI
A season2
HLA limit3
B season2
HLA limit3
BSAI
100,192
435,788
0.230
200,925
n/a
Rock sole
mstockstill on PROD1PC66 with PROPOSALS
Yellowfin sole4
BSAI
6,317
169,362
0.037
66,975
2,478
Greenland turbot
BS
AI
121
23
17,305
4,987
0.007
0.005
1,488
672
10
3
Arrowtooth flounder
BSAI
76
33,987
0.002
63,750
128
Flathead sole
BSAI
1,925
52,755
0.036
44,650
1,607
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TABLE 9—PROPOSED 2009 AND 2010 BSAI GROUNDFISH SIDEBOARD LIMITS FOR LISTED AMERICAN
FISHERIES ACT CATCHER/PROCESSORS (C/P)—Continued
[Amounts are in metric tons]
1995 - 1997
Retained catch
Target species
Total catch
Ratio of retained
catch to
total catch
Area
2009 and
2010 ITAC
available to
all trawl C/
Ps1
2009 and
2010 AFA C/
P sideboard
limit
Alaska plaice
BSAI
14
9,438
0.001
42,500
43
Other flatfish
BSAI
3,058
52,298
0.058
18,360
1,065
Pacific ocean perch
BS
Eastern AI
Central AI
Western AI
12
125
3
54
4,879
6,179
5,698
13,598
0.002
0.020
0.001
0.004
3,485
4,295
4,376
6,689
7
86
4
27
Northern rockfish
BSAI
91
13,040
0.007
6,911
48
Shortraker rockfish
BSAI
50
2,811
0.018
360
6
Rougheye rockfish
BSAI
50
2,811
0.018
172
3
Other rockfish
BS
AI
18
22
621
806
0.029
0.027
352
471
10
13
Squid
BSAI
73
3,328
0.022
1,675
37
Other species
BSAI
553
68,672
0.008
42,500
340
1Aleutians
Islands Pacific ocean perch, Atka mackerel, flathead sole, rock sole, and yellowfin sole 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).
2The 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.
3Harvest Limit Area (HLA) limit refers to the amount of each seasonal allowance that is available for fishing inside the HLA (see § 679.2). In
2009 and 2010, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts.
4Section 679.64(a)(1)(v) exempts AFA catcher/processors from a yellowfin sole sideboard limit because the 2009 and 2010 aggregate ITAC of
yellowfin sole assigned to the Amendment 80 sector and BSAI trawl limited access sector (198,9250 mt) is greater than 125,000 mt.
Section 679.64(a)(2) and Tables 40
and 41 to part 679 establish a formula
for 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, 2002) and Amendment 80
(72 FR 52668, September 14, 2007).
PSC species listed in Table 10 that are
caught by listed AFA catcher/processors
participating in any groundfish fishery
other than pollock will accrue against
the proposed 2009 and 2010 PSC
sideboard limits for the listed AFA
catcher/processors. Section
679.21(e)(3)(v) authorizes NMFS to
close directed fishing for groundfish
other than pollock for listed AFA
catcher/processors once a proposed
2009 or 2010 PSC sideboard limit listed
in Table 10 is reached.
Crab or halibut PSC caught by listed
AFA catcher/processors while fishing
for pollock will accrue against the
bycatch allowances annually specified
for either the midwater pollock or the
pollock/Atka mackerel/‘‘other species’’
fishery categories according to
regulations at § 679.21(e)(3)(iv).
TABLE 10—PROPOSED 2009 AND 2010 BSAI PROHIBITED SPECIES SIDEBOARD LIMITS FOR AMERICAN
FISHERIES ACT LISTED CATCHER/PROCESSOR
PSC species
Ratio of PSC catch to total PSC
Proposed 2009 and 2010 C/P
sideboard limit1
n/a
n/a
286
Red king crab Zone 12
0.007
175,921
1,231
C. opilio (COBLZ)2
mstockstill on PROD1PC66 with PROPOSALS
Halibut mortality
Proposed 2009 and 2010 PSC
available to trawl vessels after
subtraction of PSQ1
0.153
3,884,550
594,336
C. bairdi
Zone 12
Zone 22
n/a
0.140
0.050
n/a
875,140
2,652,210
n/a
122,520
132,611
1Halibut
2Refer
amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
to 50 CFR 679.2 for definitions of zones.
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AFA Catcher Vessel Sideboard Limits
Pursuant to § 679.64(b), 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
formulas for setting AFA catcher vessel
groundfish and PSC sideboard limits for
the BSAI. The basis for these sideboard
limits is described in detail in the final
rules implementing the major
provisions of the AFA (67 FR 79692,
December 30, 2002) and Amendment 80
(72 FR 52668, September 14, 2007).
Tables 11 and 12 list the proposed 2009
and 2010 AFA catcher vessel sideboard
limits.
All catch of groundfish sideboard
species made by non–exempt AFA
catcher vessels, whether as targeted
catch or as incidental catch, will be
deducted from the proposed 2009 and
2010 sideboard limits listed in Table 11.
TABLE 11—PROPOSED 2009 AND 2010 BSAI GROUNDFISH SIDEBOARD LIMITS FOR AMERICAN FISHERIES
ACT CATCHER VESSELS (CV)
[Amounts are in metric tons]
Fishery by area/season/
sector/gear
Species
Pacific cod
Ratio of 1995-1997 AFA
CV catch to 1995-1997
TAC
2009 and 2010 initial
TAC1
2009 and 2010 AFA catcher
vessel sideboard limits
BSAI
Jig gear
0.0000
2,134
0
Hook-and-line CV
Jan 1 - Jun 10
Jun 10 - Dec 31
0.0006
0.0006
155
149
0
0
Pot gear CV
Jan 1 - Jun 10
Sept 1 - Dec 31
0.0006
0.0006
6,496
6,241
4
4
0.0006
3,033
2
0.8609
0.8609
0.8609
24,932
3,706
5,054
21,464
3,190
4,351
CV < 60 ft LOA using
hook-and-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
0.0906
0.0645
1,109
474
100
31
Atka mackerel
Eastern AI/BS
Jan 1 - Apr 15
Sept 1 - Nov 1
0.0032
0.0032
6,831
6,832
22
22
Central AI
Jan - Apr 15
HLA limit
Sept 1 - Nov 1
HLA limit
0.0001
0.0001
0.0001
0.0001
8,484
5,090
8,484
5,090
1
1
1
1
Western AI
Jan - Apr 15
HLA limit
Sept 1 - Nov 1
HLA limit
0.0000
n/a
0.0000
n/a
5,894
3,536
5,894
3,536
0
0
0
0
Yellowfin sole2
BSAI
0.0647
200,925
n/a
Rock sole
BSAI
0.0341
66,975
2,284
Greenland turbot
BS
AI
0.0645
0.0205
1,488
672
96
14
Arrowtooth flounder
BSAI
0.0690
63,750
4,399
Alaska plaice
mstockstill on PROD1PC66 with PROPOSALS
Sablefish
BSAI
0.0441
42,500
1,874
Other flatfish
BSAI
0.0441
18,360
810
Pacific ocean perch
BS
Eastern AI
Central AI
Western AI
0.1000
0.0077
0.0025
0.0000
3,485
4,295
4,376
6,689
349
33
11
0
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75075
TABLE 11—PROPOSED 2009 AND 2010 BSAI GROUNDFISH SIDEBOARD LIMITS FOR AMERICAN FISHERIES
ACT CATCHER VESSELS (CV)—Continued
[Amounts are in metric tons]
Ratio of 1995-1997 AFA
CV catch to 1995-1997
TAC
Fishery by area/season/
sector/gear
Species
2009 and 2010 initial
TAC1
2009 and 2010 AFA catcher
vessel sideboard limits
Northern rockfish
BSAI
0.0084
6,911
58
Shortraker rockfish
BSAI
0.0037
360
1
Rougheye rockfish
BSAI
0.0037
172
1
Other rockfish
BS
AI
0.0048
0.0095
352
471
2
4
Squid
BSAI
0.3827
1,675
641
Other species
BSAI
0.0541
42,500
2,299
Flathead sole
BS trawl gear
0.0505
44,650
2,255
1Aleutians Islands Pacific ocean perch, Atka mackerel, flathead sole, rock sole, and yellowfin sole 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).
2Section 679.64(b)(6) exempts AFA catcher vessels from a yellowfin sole sideboard limit because the 2009 and 2010 aggregate ITAC of yellowfin sole assigned to the Amendment 80 sector and BSAI trawl limited access sector (198,925 mt) is greater than 125,000 mt.
Halibut and crab PSC listed in Table
12 that are caught by AFA catcher
vessels participating in any groundfish
fishery other than pollock will accrue
against the proposed 2009 and 2010 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 proposed 2009 and 2010 PSC
sideboard limit listed in Table 12 is
reached. The PSC caught by AFA
catcher vessels while fishing for pollock
in the BSAI will accrue against the
bycatch allowances annually specified
for either the midwater pollock or the
pollock/Atka mackerel/’’other species’’
fishery categories under regulations at
§ 679.21(e)(3)(iv).
TABLE 12—PROPOSED 2009 AND 2010 AMERICAN FISHERIES ACT CATCHER VESSEL PROHIBITED
SPECIES CATCH SIDEBOARD LIMITS FOR THE BSAI
[Amounts are in metric tons]
Halibut
AFA catcher vessel
PSC sideboard limit
ratio
Target fishery category2
PSC species
Proposed 2009 and
2010 PSC limit after
subtraction of PSQ
reserves1
Proposed 2009 and
2010 AFA catcher vessel PSC sideboard
limit1
Pacific cod trawl
n/a
n/a
887
Pacific cod hook-and-line or pot
n/a
n/a
2
Yellowfin sole total
n/a
n/a
101
Rock sole/flathead sole/other flatfish3
n/a
n/a
228
Turbot/arrowtooth/sablefish
n/a
n/a
0
Rockfish (July 1 - December 31)
n/a
n/a
2
Pollock/Atka mackerel/other species
n/a
n/a
5
n/a
0.299
175,921
52,600
C. opilio COBLZ4
n/a
0.168
3,884,550
652,604
C. bairdi Zone 14
n/a
0.330
875,140
288,796
C. bairdi Zone 24
mstockstill on PROD1PC66 with PROPOSALS
Red king crab Zone 14
n/a
0.186
2,652,210
493,311
1Halibut
amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
2Target fishery categories are defined in regulation at § 679.21(e)(3)(iv).
3‘‘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.
4Refer to 50 CFR 679.2 for definitions of areas.
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mstockstill on PROD1PC66 with PROPOSALS
Classification
NMFS has determined that the
proposed harvest specifications are
consistent with the FMP and
preliminarily determined that the
proposed harvest specifications are
consistent with the Magnuson–Stevens
Act and other applicable laws.
This action is authorized under 50
CFR 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. Copies of the Final EIS
and ROD for this action are available
from NMFS (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.
NMFS also prepared an Initial
Regulatory Flexibility Analysis (IRFA)
as required by Section 603 of the
Regulatory Flexibility Act. The IRFA
evaluated the impacts on small entities
of alternative harvest strategies for the
groundfish fisheries in the Exclusive
Economic Zone (EEZ) off of Alaska.
NMFS published a notice of the
availability of the IRFA and its summary
in the classification section of the
proposed harvest specifications for the
groundfish fisheries in the BSAI in the
Federal Register on December 15, 2006
(71 FR 75460). The comment period on
the BSAI proposed harvest
specifications and IRFA ended on
January 16, 2007. NMFS did not receive
any comments on the IRFA.
Each year, NMFS promulgates a rule
establishing the harvest specifications
pursuant to the adopted harvest
strategy. While the harvest specification
numbers may change from year to year,
the harvest strategy for establishing
those numbers does not change.
Therefore, the impacts discussed in the
IRFA are essentially the same. NMFS
considers the annual rulemakings
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establishing the harvest specification
numbers to be a series of closely related
rules stemming from the harvest strategy
and representing one rule for purposes
of the Regulatory Flexibility Act (5
U.S.C. 605(c)).
A copy of the IRFA is available from
NMFS (see ADDRESSES), and a summary
is below.
The action analyzed in the IRFA is the
adoption of a harvest strategy to govern
the catch of groundfish in the BSAI. The
preferred alternative is the status quo
harvest strategy in which TACs fall
within the range of ABCs recommended
by the Council’s harvest specification
process and TACs recommended by the
Council. This action is taken in
accordance with the FMP prepared by
the Council pursuant to the Magnuson–
Stevens Act.
The directly regulated small entities
include approximately 810 small
catcher vessels, fewer than 20 small
catcher/processors, and six CDQ groups.
The entities directly regulated by this
action are those that harvest groundfish
in the exclusive economic zone 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 2006 were
the most recent available to determine
the number of small entities.
Estimates of first wholesale gross
revenues for the BSAI non–CDQ and
CDQ sectors were used as indices of the
potential impacts of the alternative
harvest strategies on small entities.
Revenues were projected to decline
from 2006 levels in 2007 and 2008
under the preferred alternative due to
declines in ABCs for economically key
groundfish species.
The preferred alternative (Alternative
2) was compared to four other
alternatives. These included Alternative
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1, which would have set TACs to
generate fishing rates equal to the
maximum permissible ABC (if the full
TAC were harvested), unless the sum of
TACs exceeded the BSAI optimum
yield, in which case TACs would have
been limited to the optimum yield.
Alternative 3 would have set TACs to
produce fishing rates equal to the most
recent five-year average fishing rates.
Alternative 4 would have set TACs to
equal the lower limit of the BSAI
optimum yield range. Alternative 5
would have set TACs equal to zero.
Alternative 5 is the ‘‘no action’’
alternative.
Alternatives 3, 4, and 5 produced
smaller first wholesale revenue indices
for both non–CDQ and CDQ sectors than
Alternative 2. Alternative 1 revenues
were the same as Alternative 2 revenues
in the BSAI for both sectors. Moreover,
higher Alternative 1 TACs are
associated with maximum permissible
ABCs, while Alternative 2 TACs are
associated with the ABCs that have been
recommended to the Council by the
Plan Team and the SSC, and more fully
consider other potential biological
issues. For these reasons, Alternative 2
is the preferred alternative.
This action does not modify
recordkeeping or reporting
requirements, or duplicate, overlap, or
conflict with any Federal rules.
Adverse impacts on marine mammals
resulting from fishing activities
conducted under these harvest
specifications are discussed in the Final
EIS (see ADDRESSES).
Authority: 16 U.S.C. 773 et seq.; 16 U.S.C.
1540(f); 16 U.S.C. 1801 et seq.; 16 U.S.C.
3631 et seq.; Pub. L. 105–277; Pub. L. 106–
31; Pub. L. 106–554; Pub. L. 108–199; Pub.
L. 108–447; Pub. L. 109–241; Pub. L. 109–
479.
Dated: December 2, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E8–29216 Filed 12–9–08; 8:45 am]
BILLING CODE 3510–22–S
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[Federal Register Volume 73, Number 238 (Wednesday, December 10, 2008)]
[Proposed Rules]
[Pages 75059-75076]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29216]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 0810141351-81451-01]
RIN 0648-XL28
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands; Proposed 2009 and 2010 Harvest Specifications for
Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes 2009 and 2010 harvest specifications and
prohibited species catch allowances for the groundfish fisheries of the
Bering Sea and Aleutian Islands management area (BSAI). This action is
necessary to establish harvest limits for groundfish during the 2009
and 2010 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. 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: Comments must be received by January 9, 2009.
ADDRESSES: Send comments to Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
Attn: Ellen Sebastian. You may submit comments, identified by RIN 0648-
XL28, by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal website at https://
www.regulations.gov.
Mail: P. O. Box 21668, Juneau, AK 99802.
Fax: (907) 586-7557.
Hand delivery to the Federal Building: 709 West 9th
Street, Room 420A, Juneau, AK.
All comments received are a part of the public record and will
generally be posted to https://www.regulations.gov without change. All
Personal Identifying Information (e.g., name, address) voluntarily
submitted by the commenter may be publicly accessible. Do not submit
Confidential Business Information or otherwise sensitive or protected
information.
NMFS will accept anonymous comments (enter N/A in the required
fields, if you wish to remain anonymous). Attachments to electronic
comments will be accepted in Microsoft Word, Excel, WordPerfect, or
Adobe portable document file (pdf) formats only.
Copies of the Final Alaska Groundfish Harvest Specifications
Environmental Impact Statement (Final EIS), Record of Decision (ROD),
and Initial Regulatory Flexibility Analysis (IRFA) prepared for this
action are available from NMFS at the mailing address above or from the
Alaska Region website at https://www.alaskafisheries.noaa.gov. Copies of
the final 2008 Stock Assessment and Fishery Evaluation (SAFE) report
for the groundfish resources of the Bering Sea and Aleutian Islands
(BSAI), dated November 2007, are available from the North Pacific
Fishery Management Council (Council), 605 West 4th Avenue, Suite 306,
Anchorage, AK 99510-2252, 907-271-2809, or from its website at https://
www.alaskafisheries.noaa.gov/npfmc/default.htm.
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.
SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR part 679
implement the Fishery Management Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area (FMP) and govern the groundfish
fisheries in the BSAI. The 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 annually the total allowable
catch (TAC) for each target species and the ``other species'' category,
the sum of which must be within the optimum yield range of 1.4 million
to 2.0 million metric tons (mt) (see Sec. 679.20(a)(1)(i)). Section
679.20(c)(1) further requires NMFS to publish proposed harvest
specifications in the Federal Register and solicit public comments on
proposed annual TACs and apportionments thereof, prohibited species
catch (PSC) allowances, and prohibited species quota (PSQ) reserves
established by Sec. 679.21, seasonal allowances of pollock, Pacific
cod, and Atka mackerel TAC, Amendment 80 allocations, and Community
Development Quota (CDQ) reserve amounts established by Sec.
679.20(b)(1)(ii). The proposed harvest specifications set forth in
Tables 1 through 12 of this action satisfy these requirements.
Under Sec. 679.20(c)(3), NMFS will publish the final harvest
specifications for 2009 and 2010 after (1) considering comments
received within the comment period (see DATES), (2) consulting with the
Council at its December 2008 meeting, and (3) considering new
information presented in the Final EIS and the final 2008 SAFE reports
prepared for the 2009 and 2010 groundfish fisheries.
Other Actions Potentially Affecting the 2009 and 2010 Harvest
Specifications
The Council submitted Amendment 73 to the FMP. NMFS published a
proposed rule in the Federal Register on September 24, 2008 (73 FR
55010). This amendment would remove dark rockfish (Sebastes ciliatus)
from the ``other rockfish'' category and from the FMP. The State of
Alaska would assume management of dark rockfish, and the TAC of the
``other rockfish'' category would be slightly smaller than in previous
years. The Council is considering a proposal that would allocate the
Pacific cod TAC by Bering Sea subarea and Aleutian Islands (AI) subarea
instead of a combined BSAI TAC, although associated fishery
[[Page 75060]]
management implications would require more time to assess and resolve.
As a result, a Pacific cod split is unlikely for 2009. Additional
proposals being developed by the Plan Team for Council consideration
would separate some species from the ``other species'' category so that
individual overfishing levels (OFLs), acceptable biological catches
(ABCs), and TACs may be established for these species. Another would
allocate the ABC for rougheye rockfish by Bering Sea subarea and
Aleutian Islands (AI) subarea instead of a combined BSAI ABC. These
latter two proposals could change the final 2009 and 2010 harvest
specifications. Additionally, the existing 2009 harvest specifications
will be updated in early 2009 when final harvest specifications for
2009 and new harvest specifications for 2010 are implemented.
Proposed ABC and TAC Harvest Specifications
The proposed ABC levels are based on the best available biological
information, including projected biomass trends, information on assumed
distribution of stock biomass, and revised technical methods used to
calculate stock biomass. In general, the development of ABCs and OFLs
involves sophisticated statistical analyses of fish populations. The
FMP specifies a series of six tiers based on the level of reliable
information available to fishery scientists. Tier one represents the
highest level of information quality available while tier six
represents the lowest level of information quality available.
Appendix A to the final SAFE report for the 2008 BSAI groundfish
fisheries dated November 2007 (see ADDRESSES) sets forth the best
information currently available. Information on the status of stocks,
including the 2008 survey results, will be updated and considered by
the Council's Groundfish Plan Team in November 2008 for the 2008 SAFE
report. The final 2009 and 2010 harvest specifications will be based on
the 2008 SAFE report.
In October 2008, the Scientific and Statistical Committee (SSC),
Advisory Panel, and the Council reviewed the Plan Team's recommended
proposed 2009 and 2010 OFL and ABC amounts. The SSC concurred in the
Plan Team's recommendations. The recommendations are based on rollovers
of the current 2009 amounts. This uses the best information available
from the 2007 stock assessments.
The Council adopted the OFL and ABC amounts recommended by the SSC
(Table 1). The Council recommended that all the proposed 2009 and 2010
TAC amounts be set equal to the 2008 TAC amounts except for reduced TAC
amounts for sablefish, Atka mackerel, Pacific ocean perch (POP),
northern rockfish, and the ``other rockfish'' group. The adjustments
from the 2008 TAC amounts account for the lower 2009 ABC amounts for
these species. As in previous years, the Plan Team, Advisory Panel,
SSC, and Council recommended that total removals of Pacific cod from
the BSAI not exceed ABC recommendations. Accordingly, the Council
recommended that the proposed 2009 and 2010 Pacific cod TACs be
adjusted downward from the ABCs by amounts equal to 3 percent of the
ABC. This adjustment is necessary to account for the guideline harvest
level (GHL) established for Pacific cod by the State of Alaska (State)
for a State-managed fishery that occurs in State waters in the AI
subarea. Finally, the Council recommended using the 2008 and 2009 PSC
allowances for the proposed 2009 and 2010 PSC allowances. The Council
will reconsider the OFL, ABC, TAC, and PSC amounts in December 2008
after the Plan Team incorporates new status of groundfish stocks
information into a final 2008 SAFE report for the 2009 and 2010 BSAI
groundfish fishery. None of the Council's recommended proposed TACs for
2009 or 2010 exceeds the recommended 2009 or 2010 proposed ABC for any
species category. NMFS finds the Council's recommended proposed 2009
and 2010 OFL, ABC, and TAC amounts consistent with the best available
information on the biological condition of the groundfish stocks.
Table 1 lists the proposed 2009 and 2010 OFL, ABC, TAC, initial TAC
(ITAC), and CDQ amounts for groundfish for the BSAI. The proposed
apportionment of TAC amounts among fisheries and seasons is discussed
below.
TABLE 1--PROPOSED 2009 AND 2010 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]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Proposed 2009 and 2010
Species Area -----------------------------------------------------------------------------------------------------
OFL ABC TAC ITAC\2\ CDQ\3,4,5\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock\3\ BS 1,320,000 1,000,000 1,000,000 900,000 100,000
AI 26,100 22,700 19,000 17,100 1,900
Bogoslof 58,400 7,970 10 10 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific cod\4\ BSAI 207,000 176,000 170,720 152,453 18,267
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sablefish\5\ BS 2,910 2,610 2,610 1,109 98
AI 2,510 2,230 2,230 474 41
--------------------------------------------------------------------------------------------------------------------------------------------------------
Atka mackerel BSAI 50,600 47,500 47,500 42,418 5,083
EAI/BS n/a 15,300 15,300 13,663 1,637
CAI n/a 19,000 19,000 16,967 2,033
WAI n/a 13,200 13,200 11,788 1,412
--------------------------------------------------------------------------------------------------------------------------------------------------------
Yellowfin sole BSAI 296,000 296,000 225,000 200,925 24,075
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rock sole BSAI 379,000 375,000 75,000 66,975 8,025
--------------------------------------------------------------------------------------------------------------------------------------------------------
Greenland turbot BSAI 16,000 2,540 2,540 2,159 n/a
BS n/a 1,750 1,750 1,488 187
AI n/a 790 790 672 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 75061]]
Arrowtooth flounder BSAI 300,000 246,000 75,000 63,750 8,025
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flathead sole BSAI 83,700 69,700 50,000 44,650 5,350
--------------------------------------------------------------------------------------------------------------------------------------------------------
Other flatfish\6\ BSAI 28,800 21,600 21,600 18,360 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alaska plaice BSAI 277,000 217,000 50,000 42,500 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific ocean perch BSAI 25,400 21,300 21,300 18,845 n/a
BS n/a 4,100 4,100 3,485 0
EAI n/a 4,810 4,810 4,295 515
CAI n/a 4,900 4,900 4,376 524
WAI n/a 7,490 7,490 6,689 801
--------------------------------------------------------------------------------------------------------------------------------------------------------
Northern rockfish BSAI 9,680 8,130 8,130 6,911 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Shortraker rockfish BSAI 564 424 424 360 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rougheye rockfish BSAI 269 202 202 172 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Other rockfish\7\ BSAI 1,290 968 968 823 0
BS n/a 414 414 352 0
AI n/a 554 554 471 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Squid BSAI 2,620 1,970 1,970 1,675 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Other species\8\ BSAI 104,000 78,100 50,000 42,500 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
TOTAL 3,191,843 2,577,944 1,824,204 1,624,168 172,891
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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 guideline harvest level in State waters of the
Aleutian Islands subarea.
\5\ For the Amendment 80 species (Atka mackerel, Aleutian Islands Pacific ocean perch, yellowfin sole, rock sole, flathead sole, and Pacific cod), 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.
Reserves and the Incidental Catch Allowance (ICA) for Pollock, 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 that 7.5
percent of the trawl gear allocations of sablefish and 10.7 percent of
Bering Sea Greenland turbot and arrowtooth flounder be allocated to the
respective CDQ reserves. Section 679.20(b)(1)(ii)(C) requires that 10.7
percent of the TACs for Atka mackerel, Aleutian Islands Pacific ocean
perch, yellowfin sole, rock sole, flathead sole, and Pacific cod be
allocated to the CDQ reserves. Sections 679.20(a)(5)(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 incidental catch
allowance (ICA) (see Sec. 679.20(a)(5)(ii)). With the exception of the
hook-and-line and pot gear sablefish CDQ reserve, the regulations do
not further apportion the CDQ reserves by gear. Section
[[Page 75062]]
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 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.
Pursuant to Sec. 679.20(a)(5)(i)(A)(1), NMFS proposes 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's examination of the pollock incidental catch, including the
incidental catch by CDQ vessels, in target fisheries other than pollock
from 1999 through 2008. During this 10-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
Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS proposes a pollock ICA
of 1,600 mt for AI subarea after subtraction of the 10 percent CDQ
directed fishing allowance (DFA). This allowance is based on NMFS's
examination of the pollock incidental catch, including the incidental
catch by CDQ vessels, in target fisheries other than pollock from 2003
through 2008. During this 6-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 Sec. 679.20(a)(8) and (10), NMFS proposes 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 for both
Pacific ocean perch and Atka mackerel, 100 mt of Eastern Aleutian
District Pacific ocean perch, and 200 mt of Eastern Aleutian District
and Bering Sea subarea Atka mackerel after subtraction of the 10.7
percent CDQ reserve. These allowances are based on NMFS's examination
of the incidental catch in other target fisheries from 2003 through
2008.
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 that contributed to the non-specified
reserve and the ``other species'' category during the year, provided
that such apportionments do not result in overfishing (see Sec.
679.20(b)(1)(i)).
Allocations 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 10 percent
for the CDQ program and 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 2 lists these
proposed 2009 and 2010 amounts.
Section 679.20(a)(5)(i)(A)(4) also includes several specific
requirements regarding Bering Sea subarea pollock allocations. First,
8.5 percent of the pollock allocated to the catcher/processor sector
will be available for harvest by AFA catcher vessels with catcher/
processor sector endorsements, unless the Regional Administrator
receives a cooperative contract that provides for the distribution of
harvest among AFA catcher/processors and AFA catcher vessels in a
manner agreed to by all members. Second, AFA catcher/processors not
listed in the AFA are limited to harvesting not more than 0.5 percent
of the pollock allocated to the catcher/processor sector. Table 2 lists
the proposed 2009 and 2010 allocations of pollock TAC. Tables 9 through
12 list the AFA catcher/processor and catcher vessel harvesting
sideboard limits. In past years, the proposed harvest specifications
included text and tables describing pollock allocations to the Bering
Sea subarea inshore pollock cooperatives and open access sector. These
allocations are based on the submission of AFA inshore cooperative
applications due to NMFS on December 1 of each calendar year. Because
AFA inshore cooperative applications for 2009 have not yet been
submitted to NMFS, thereby preventing NMFS from calculating 2009
allocations, NMFS has not included inshore cooperative text and tables
in these proposed harvest specifications. NMFS will post AFA inshore
cooperative allocations on the Alaska Region website at https://
www.alaskafisheries.noaa.gov when they become available in December
2008.
Table 2 also lists proposed seasonal apportionments of pollock and
harvest limits within the Steller Sea Lion Conservation Area (SCA). The
harvest of pollock within the SCA, as defined at Sec.
679.22(a)(7)(vii), is limited to 28 percent of the DFA until April 1.
The remaining 12 percent of the 40 percent annual DFA allocated to the
A season may be taken outside the SCA before April 1 or inside the SCA
after April 1. If less than 28 percent of the annual DFA is taken
inside the SCA before April 1, the remainder will be available to be
taken inside the SCA after April 1. The A season pollock SCA harvest
limit will be apportioned to each sector in proportion to each sector's
allocated percentage of the DFA. Table 2 lists by sector these proposed
2009 and 2010 amounts.
TABLE 2--PROPOSED 2009 AND 2010 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
DIRECTED FISHING ALLOWANCES (DFA)\1\
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2009 and 2010 A season\1\ 2009 and 2010 B
2009 and 2010 ---------------------------------------- season\1\
Area and sector allocations SCA harvest -------------------
A season DFA limit\2\ B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC 1,000,000 n/a n/a n/a
CDQ DFA 100,000 40,000 28,000 60,000
ICA \1\ 31,500 n/a n/a n/a
AFA Inshore 434,250 173,700 121,590 260,550
AFA Catcher/Processors\3\ 347,400 138,960 97,272 208,440
Catch by C/Ps 317,871 127,148 n/a 190,723
Catch by CVs\3\ 29,529 11,812 n/a 17,717
Unlisted C/P Limit\4\ 1,737 695 n/a 1,042
[[Page 75063]]
AFA Motherships 86,850 34,740 24,318 52,110
Excessive Harvesting Limit\5\ 151,988 n/a n/a n/a
Excessive Processing Limit\6\ 260,550 n/a n/a n/a
Total Bering Sea DFA (non-CDQ) 868,501 347,400 243,180 521,100
----------------------------------------------------------------------------------------------------------------
Aleutian Islands subarea\1\ 19,000 n/a n/a n/a
CDQ DFA 1,900 760 n/a 1,140
ICA 1,600 800 n/a 800
Aleut Corporation 15,500 10,200 n/a 5,300
----------------------------------------------------------------------------------------------------------------
Bogoslof District ICA\7\ 10 n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the annual Bering Sea subarea pollock TAC, after subtraction for the
CDQ DFA (10 percent) and the ICA (3.5 percent), is allocated as a DFA as follows: inshore sector 50 percent,
catcher/processor sector 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 DFA (10 percent) and second the ICA (1,600 mt), is allocated to the
Aleut Corporation for a directed pollock fishery. In the AI subarea, the A season is allocated 40 percent of
the ABC and the B season is allocated the remainder of the directed pollock fishery.
\2\ In the Bering Sea subarea, no more than 28 percent of each sector's annual DFA may be taken from the sealion
conservation area (SCA) before April 1. The remaining 12 percent of the annual DFA allocated to the A season
may be taken outside of the SCA before April 1 or inside the SCA after April 1. If 28 percent of the annual
DFA is not taken inside the SCA before April 1, the remainder is available to be taken inside the SCA after
April 1.
\3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/
processors (C/Ps) shall be available for harvest only by eligible catcher vessels (CVs) delivering to listed
catcher/processors.
\4\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting
not more than 0.5 percent of the catcher/processors sector's allocation of pollock.
\5\ Pursuant to Sec. 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
percent of the sum of the pollock DFAs not including CDQ.
\6\ Pursuant to Sec. 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0
percent of the sum of the pollock DFAs not including CDQ.
\7\ The Regional Administrator proposes closing the Bogoslof pollock fishery for directed fishing under the
final 2009 and 2010 harvest specifications for the BSAI. The amounts specified are for incidental catch only
and are not apportioned by season or sector.
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 (Table 3). 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.
Pursuant to Sec. 679.20(a)(8)(i), up to 2 percent of the Eastern
Aleutian District and Bering Sea subarea Atka mackerel ITAC may be
allocated to jig gear. The amount of this allocation is determined
annually by the Council based on several criteria, including the
anticipated harvest capacity of the jig gear fleet. The Council
recommended and NMFS proposes a 0.5 percent allocation of the Atka
mackerel ITAC in the Eastern Aleutian District and Bering Sea subarea
to jig gear in 2009 and 2010. Based on the proposed 2009 and 2010 TAC
of 15,300 mt after subtractions of the CDQ reserve and ICA, the jig
gear allocation would be 67 mt for 2009 and 2010.
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 Sec. 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 fishery categories: 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 fishery categories 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 Sec. 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 for the first HLA fishery
in all three fishery categories at the same time. The initial opening
of fishing in the HLA will be based on the first directed fishing
closure of Atka mackerel for the Eastern Aleutian District and Bering
Sea subarea allocation for any one of the three non-CDQ fishery
categories allocated Atka mackerel TAC.
[[Page 75064]]
TABLE 3--PROPOSED 2009 AND 2010 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]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2009 allocation by area 2010 allocation by area
-----------------------------------------------------------------------------------------------------------------------------------------
Sector\2\ Season\1,3,4\ Eastern Aleutian Central Aleutian Western Aleutian Eastern Aleutian Central Aleutian Western Aleutian
District/Bering Sea District District District/Bering Sea District District
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
TAC n/a 15,300 19,000 13,200 15,300 19,000 13,200
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
CDQ Total 1,637 2,033 1,412 1,637 2,033 1,412
reserve HLA\5\ n/a 1,220 847 n/a 1,220 847
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
ICA Total 200 20 20 200 20 20
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Jig\6\ Total 67 0 0 67 0 0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
BSAI trawl limited access Total 536 678 0 804 1,017 0
----------------------------------------------------------------------------------------------------------------------------------------------------------------
A 268 339 0 402 508 0
HLA n/a 203 0 n/a 305 0
----------------------------------------------------------------------------------------------------------------------------------------------------------------
B 268 339 0 402 508 0
HLA n/a 203 0 n/a 305 0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Amendment 80 limited access Total 6,835 9,796 7,254 6,683 9,590 7,255
----------------------------------------------------------------------------------------------------------------------------------------------------------------
A 3,418 4,898 3,627 3,342 4,795 3,628
HLA n/a 2,939 2,176 n/a 2,877 2,177
----------------------------------------------------------------------------------------------------------------------------------------------------------------
B 3,418 4,898 3,627 3,342 4,795 3,628
HLA n/a 2,939 2,176 n/a 2,877 2,177
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Amendment 80 cooperatives Total 6,025 6,473 4,514 5,909 6,340 4,513
----------------------------------------------------------------------------------------------------------------------------------------------------------------
A 3,013 3,237 2,257 2,955 3,170 2,257
HLA n/a 1,942 1,354 n/a 1,902 1,354
----------------------------------------------------------------------------------------------------------------------------------------------------------------
B 3,013 3,237 2,257 2,955 3,170 2,257
HLA n/a 1,942 1,354 n/a 1,902 1,354
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Regulations at Sec. Sec. 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery.
\2\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtraction of the CDQ reserves, ICAs, and the jig gear allocation, 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).
\3\ The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
\4\ The A season is January 1 (January 20 for trawl gear) to April 15, and the B season is September 1 to November 1.
\5\ 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 2009 and 2010, 60 percent of each
seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts.
\6\ Section 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian District and 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 TAC
Section 679.20(a)(7)(i) and (ii) requires that the Pacific cod TAC
in the BSAI, after subtraction of 10.7 percent for the CDQ program, be
allocated 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 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. The Regional Administrator proposes an ICA of
500 mt for 2009 and 2010 based on anticipated incidental catch in these
fisheries. The allocation of the ITAC for Pacific cod to the Amendment
80 sector is established in Table 33 to part 679 and Sec. 679.91.
The Pacific cod ITAC is apportioned into seasonal allowances to
disperse the Pacific cod fisheries over the fishing year (see
Sec. Sec. 679.20(a)(7) and 679.23(e)(5)). In accordance with Sec.
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.
Pursuant to Sec. Sec. 679.20(a)(7)(i)(B) and 679.23(e)(5), the CDQ
season allowances by gear are as follows: for most hook-and-line
catcher/processors and hook-and-line catcher vessels greater than or
equal to 60 ft (18.3 m) LOA, the first
[[Page 75065]]
seasonal allowance of 60 percent of the ITAC is made available for
directed fishing from January 1 to June 10, and the second seasonal
allowance of 40 percent of the ITAC is made available from June 10 to
December 31. No seasonal harvest constraints are imposed on the Pacific
cod fishery for pot gear or catcher vessels less than 60 ft (18.3 m)
LOA using hook-and-line gear. For trawl gear, the first season is
January 20 to April 1 and is allocated 60 percent of the ITAC. The
second season, April 1 to June 10, and the third season, June 10 to
November 1, are each allocated 20 percent of the ITAC. The trawl
catcher vessel allocation is further allocated as 70 percent in the
first season, 10 percent in the second season, and 20 percent in the
third season. The trawl catcher/processor allocation is allocated 50
percent in the first season, 30 percent in the second season, and 20
percent in the third season. For jig gear, the first and third seasonal
allowances are each allocated 40 percent of the ITAC, and the second
seasonal allowance is allocated 20 percent of the ITAC.
Pursuant to Sec. Sec. 679.20(a)(7)(iv)(A) and 679.23(e)(5), the
non-CDQ season allowances by gear are as follows. For hook-and-line and
pot catcher/processors and hook-and-line and pot vessels greater than
or equal to 60 ft (18.3 m) LOA, the first seasonal allowance of 51
percent of the ITAC is made available for directed fishing from January
1 to June 10, and the second seasonal allowance of 49 percent of the
ITAC is made available from June 10 (September 1 for pot gear) to
December 31. No seasonal harvest constraints are imposed on the Pacific
cod fishery for catcher vessels less than 60 ft (18.3 m) LOA using
hook-and-line or pot gear. For trawl gear, the first season is January
20 to April 1, the second season is April 1 to June 10, and the third
season is June 10 to November 1. The trawl catcher vessel allocation is
further allocated as 74 percent in the first season, 11 percent in the
second season, and 15 percent in the third season. The trawl catcher/
processor allocation is allocated 75 percent in the first season, 25
percent in the second season, and zero percent in the third season. 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 4 lists the proposed 2009 and 2010
allocations and seasonal apportionments of the Pacific cod TAC.
TABLE 4--PROPOSED 2009 AND 2010 GEAR SHARES AND SEASONAL ALLOWANCES OF THE BSAI PACIFIC COD TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2009 and 2009 and 2010 seasonal
2009 and 2010 2010 share apportionment
Gear sector Percent share of gear of sector ----------------------------------
sector total total Season Amount
----------------------------------------------------------------------------------------------------------------
Total TAC 100 170,720 n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
CDQ 10.7 18,267 n/a see Sec. n/a
679.20(a)(7)(i)(B)
----------------------------------------------------------------------------------------------------------------
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 sub-total n/a 92,191 n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
Hook-and-line catcher/processors 48.7 n/a 73,844 Jan 1-Jun 10 37,660
----------------------------------
............. ............. ............ Jun 10-Dec 31 36,184
----------------------------------------------------------------------------------------------------------------
Hook-and-line catcher vessels 0.2 n/a 303 Jan 1-Jun 10 155
[gteqt] 60 ft LOA
----------------------------------
............. ............. ............ Jun 10-Dec 31 149
----------------------------------------------------------------------------------------------------------------
Pot catcher/processors 1.5 n/a 2,274 Jan 1-Jun 10 1,160
----------------------------------
............. ............. ............ Sept 1-Dec 31 1,114
----------------------------------------------------------------------------------------------------------------
Pot catcher vessels [gteqt] 60 ft 8.4 n/a 12,737 Jan 1-Jun 10 6,496
LOA
----------------------------------
............. ............. ............ Sept 1-Dec 31 6,241
----------------------------------------------------------------------------------------------------------------
Catcher vessels < 60 ft LOA using 2.0 n/a 3,033 n/a n/a
hook-and-line or pot gear
----------------------------------------------------------------------------------------------------------------
Trawl catcher vessels 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 processors 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
----------------------------------
[[Page 75066]]
............. ............. ............ Apr 1- Jun 10 5,107
----------------------------------
............. ............. ............ Jun 10-Nov 1 0
----------------------------------------------------------------------------------------------------------------
Amendment 80 limited access n/a 3,357 n/a Jan 20-Apr 1 2,518
----------------------------------
............. ............. ............ Apr 1- Jun 10 839
----------------------------------
............. ............. ............ Jun 10-Nov 1 0
----------------------------------------------------------------------------------------------------------------
Amendment 80 cooperative n/a 17,072 n/a Jan 20-Apr 1 12,804
----------------------------------
............. ............. ............ Apr 1- Jun 10 4,268
----------------------------------
............. ............. ............ Jun 10-Nov 1 0
----------------------------------------------------------------------------------------------------------------
Jig 1.4 2,134 n/a Jan 1-Apr 30 1,281
----------------------------------
............. ............. ............ Apr 30-Aug 31 427
----------------------------------
............. ............. ............ Aug 31-Dec 31 427
----------------------------------------------------------------------------------------------------------------
\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 proposes an ICA of 500 mt for 2009
and 2010 based on anticipated incidental catch in these fisheries.
Sablefish Gear Allocation
Sections 679.20(a)(4)(iii) and (iv) require the allocation of
sablefish TACs for the Bering Sea and AI subareas between trawl gear
and hook-and-line or pot gear. Gear allocations of the TACs for the
Bering Sea subarea are 50 percent for trawl gear and 50 percent for
hook-and-line or pot gear and for the AI subarea are 25 percent for
trawl gear and 75 percent for hook-and-line or pot gear. Section
679.20(b)(1)(ii)(B) requires apportionment of 20 percent of the hook-
and-line and pot gear allocation of sablefish to the CDQ reserve.
Additionally, Sec. 679.20(b)(1)(ii)(D) requires apportionment of 7.5
percent of the trawl gear allocation of sablefish to the CDQ reserve.
The Council recommended that only trawl sablefish TAC be established
biennially. The harvest specifications for the hook-and-line gear and
pot gear sablefish Individual Fishing Quota (IFQ) fisheries will be
limited to the 2009 fishing year to ensure those fisheries are
conducted concurrently with the halibut IFQ fishery. Concurrent
sablefish and halibut IFQ fisheries would reduce the potential for
discards of halibut and sablefish in those fisheries. The sablefish IFQ
fisheries would remain closed at the beginning of each fishing year
until the final harvest specifications for the sablefish IFQ fisheries
are in effect. Table 5 lists the proposed 2009 and 2010 gear
allocations of the sablefish TAC and CDQ reserve amounts.
TABLE 5--PROPOSED 2009 AND 2010 GEAR SHARES AND CDQ RESERVE OF BSAI SABLEFISH TACS
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2009
Subarea and gear Percent of Share of 2009 2009 CDQ 2010 2010 2010 CDQ
TAC TAC ITAC\1\ reserve ITAC ITAC reserve
----------------------------------------------------------------------------------------------------------------
Bering Sea ........... ......... .......... .......... ........ ........ ..........
Trawl 50 1,305 1,109 98 1,305 1,109 98
Hook-and-line gear\2\ 50 1,305 n/a 261 n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
TOTAL 100 2,610 1,109 359 2,610 1,109 98
----------------------------------------------------------------------------------------------------------------
Aleutian Islands ........... ......... .......... .......... ........ ........ ..........
Trawl 25 558 474 42 558 474 42
Hook-and-line gear\2\ 75 1,673 n/a 335 n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
TOTAL 100 2,230 474 376 2,230 474 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. Section 679.20(b)(1) does not provide for the
establishment of an ITAC for sablefish allocated to hook-and-line or pot gear.
[[Page 75067]]
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 between
the Amendment 80 sector and BSAI trawl limited access for 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. 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 Sec. 679.91. Table 6 lists the proposed 2009 and 2010 allocations
and seasonal apportionments of the Aleutian Islands Pacific ocean
perch, flathead sole, rock sole, and yellowfin sole TACs.
TABLE 6--PROPOSED 2009 AND 2010 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 Rock sole Yellowfin sole
--------------------------------------------------------------------------------- sole --------------------------------------
Eastern Aleutian District Central Aleutian District Western Aleutian ------------- BSAI BSAI
Sector ------------------------------------------------------- District BSAI --------------------------------------
---------------------------------------
2009 2010 2009 2010 2009 and 2009 and 2009
