Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; Proposed 2011 and 2012 Harvest Specifications for Groundfish, 76372-76392 [2010-30692]
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Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules
overstate the number of small entities,
because it considers individual vessel
gross revenues, but does not capture
affiliations among vessels. All of these
small entities would be directly
regulated by the proposed action. As
described below, however, certain small
entities may be more likely than others
to be adversely affected by the proposed
action as a result of potential impacts
associated with the incidental catch of
sharks, octopus or squid in other target
fisheries.
Sharks are incidentally caught in a
large number of separate groundfish
fisheries, with over half of the catch
reported from fisheries using hook-andline gear. There were an estimated 270
small sablefish hook-and-line vessels
with an estimated average gross revenue
from all sources of $770,000, an
estimated 128 Pacific cod hook-and-line
vessels with an average gross of
$590,000, an estimated 21 small pelagic
pollock trawlers with average gross
revenues of about $1.02 million, five
non-pelagic trawlers targeting
arrowtooth flounder with average gross
revenues of about $580,000, and five
non-pelagic trawlers targeting shallow
water flatfish with average gross
revenues of about $650,000.
Most of the octopus catch occurs in
the pot gear fishery for Pacific cod.
There are an estimated 132 small vessels
in this fishery, with estimated average
gross revenues from all sources of about
$880,000.
Almost all squid is caught in the
pollock trawl fishery. Twenty-one small
pollock vessels participate in this
fishery with average gross revenues of
about $1.02 million.
NMFS considered several alternatives
to the proposed action of specifying
separate OFLs and TACS for GOA
sculpins, sharks, octopus, and squid
species complexes. However, each of
these alternatives has been eliminated
from further consideration because it
either does not minimize significant
economic impacts on a substantial
number of small entities or does not
accomplish the stated objectives of, or is
in conflict with the requirements of,
applicable statutes.
The proposed action is intended to
fulfill the agency’s mandate to establish
catch limits that are based on the best
available scientific information, and
which will achieve optimum yield
while preventing overfishing. The
proposed action is the alternative that is
both consistent with the agency’s
obligations under the MagnusonStevens Fishery Conservation and
Management Act and the FMP and
minimizes the likelihood that the
specification of TACs and OFLs for the
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sculpins, sharks, octopus, and squid
species complexes will adversely affect
small entities.
NMFS considered dividing the TACs
for each of the species complexes among
different regulatory areas in the GOA.
Any such further division of the TACs
would not change the total TACs for
each species complex in the GOA as a
whole. However, the incidental catch of
fishing vessels that operate within each
of the regulatory areas would be
counted against a reduced TAC and
OFL, which would increase the
likelihood that the TAC or OFL would
be reached and that one or more area
closures may be triggered.
NMFS considered excusing small
entities from compliance with the TACs
for each of the species complexes
evaluated in this SIRFA. However, the
Magnuson-Stevens Act requires NMFS
to implement conservation and
management measures that prevent
overfishing. Authorizing unlimited
incidental catch of these species
complexes by small entities would
present an unacceptable risk of
overfishing, and would not be
consistent with the agency’s obligations
under Magnuson-Stevens Act, nor with
the requirements of the Council’s FMP.
In order to minimize the economic
impacts of the proposed action, NMFS
considered allocating relatively large
portions of the TACs for each of the
species complexes to potentially
affected small entities. However, any
such allocation, which would be
motivated solely by economic
considerations under the RFA, would
not be consistent with National
Standard 5, which states that ‘‘no
[conservation and management
measure] shall have economic allocation
as its sole purpose.’’ 16 U.S.C.
1851(a)(5).
Finally, NMFS considered
establishing a single group TAC for all
four of the species complexes in the
GOA, which would substantially reduce
the likelihood that incidental catch
would reach or exceed the TAC or OFL
and result in area closures of target
fisheries. However, the establishment of
a stock complex comprised of species
with such disparate life histories would
not be consistent with the statutory
requirement to establish catch limits
that prevent overfishing for stocks in the
fishery, nor with the Council’s intent in
enacting Amendments 87.
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
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conducted under this rule are discussed
in the 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, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. 2010–30686 Filed 12–7–10; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No.: 101126521–0521–02]
RIN 0648–XZ90
Fisheries of the Exclusive Economic
Zone Off Alaska; Bering Sea and
Aleutian Islands; Proposed 2011 and
2012 Harvest Specifications for
Groundfish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes 2011 and
2012 harvest specifications and
prohibited species catch (PSC)
allowances for the groundfish fisheries
of the Bering Sea and Aleutian Islands
(BSAI) management area. This action is
necessary to establish harvest limits for
groundfish during the 2011 and 2012
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 7, 2011.
ADDRESSES: Send comment to Sue
Salveson, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region, NMFS, Attn:
Ellen Sebastian. You may submit
comments, identified by RIN 0648–
XZ90, by any one of the following
methods:
• Electronic Submissions: Submit all
electronic public comments via the
SUMMARY:
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Federal eRulemaking Portal 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. No comments will be
posted to https://www.regulations.gov for
public viewing until after the comment
period has closed. Comments will
generally be posted without change. All
Personal Identifying Information (for
example, 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). You may submit
attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
Electronic copies of the Alaska
Groundfish Harvest Specifications Final
Environmental Impact Statement (Final
EIS), the Initial Regulatory Flexibility
Analysis (IRFA), and the Supplemental
IRFA prepared for this action may be
obtained from https://
www.regulations.gov or from the Alaska
Region Web site at https://
alaskafisheries.noaa.gov. Copies of the
final 2009 Stock Assessment and
Fishery Evaluation (SAFE) report for the
groundfish resources of the Bering Sea
and Aleutian Islands, dated November
2009, are available from the North
Pacific Fishery Management Council
(Council) at 605 West 4th Avenue, Suite
306, Anchorage, AK 99510–2252, phone
907–271–2809, or from the Council’s
Web site at https://
alaskafisheries.noaa.gov/npfmc. The
2010 SAFE report for the BSAI will be
available from the same sources in midNovember 2010.
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
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consultation with the Council, to
specify annually the total allowable
catch (TAC) for each target 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, prohibited species quota
(PSQ) reserves established by § 679.21,
seasonal allowances of pollock, Pacific
cod, and Atka mackerel TAC, American
Fisheries Act allocations, 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 2011 and 2012 after (1) considering
comments received within the comment
period (see DATES), (2) consulting with
the Council at its December 2010
meeting, and (3) considering new
information presented in the final 2010
SAFE reports prepared for the 2011 and
2012 groundfish fisheries.
Other Actions Potentially Affecting the
2011 and 2012 Harvest Specifications
NMFS published a final rule to
implement Amendments 95 and 96 to
the FMP on October 6, 2010 (75 FR
61639), effective November 5, 2010.
Amendments 95 and 96 move sculpins,
skates, sharks, and octopuses from the
‘‘other species’’ category to the ‘‘target
species’’ category in the BSAI and
eliminate the ‘‘other species’’ category in
the FMP. Amendment 96 revises the
FMP to meet the National Standard 1
guidelines for annual catch limits and
accountability measures, and requires
that overfishing levels (OFLs),
acceptable biological catches (ABCs),
and TACs be established for sculpins,
skates, sharks, and octopuses as part of
the annual groundfish harvest
specifications process. Based on the
2009 SAFE report NMFS proposes
ABCs, TACs, and OFLs for sculpins,
skates, sharks, and octopuses listed in
Table 1. At the November 2010 BSAI
Groundfish Plan Team (Plan Team)
meeting, the Plan Team recommended
that the SSC and Council adopt OFLs
for octopuses and sharks based upon the
maximum catch from 1997 through
2007. This alternative method of
calculating OFLs varies from the default
method specified in the BSAI FMP for
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Tier 6 species (section 3.2.4). If
approved, the alternative method of
calculating OFL may result in higher
harvest specification limits for sharks
and octopuses.
Amendment 96 to the FMP is
necessary to comply with MagnusonStevens Act requirements associated
with annual catch limits and
accountability measures, and revises
how total annual groundfish mortality is
estimated and accounted for in the
annual SAFE reports. These revisions
affect the OFLs and ABCs for certain
groundfish species. Specifically, NMFS
will attempt to identify additional
sources of mortality to groundfish stocks
not currently reported or considered by
the groundfish stock assessments in
recommending OFLs, ABCs, and TACs
for certain groundfish species. These
additional sources of mortality result
from recreational fishing, subsistence
fishing, trawl and hook-and-line
surveys, exempted fishing permits,
research, commercial halibut fisheries,
crab bait, sablefish catch predation by
whales or other sources of mortality not
yet identified. Many of the sources of
this mortality have been identified,
some of which are currently unreported.
NMFS intends to develop a single
database that stock assessment authors
can access through a single source such
as the Alaska Fisheries Information
Network. The development of this
database will require the cooperation of
several agencies, including NMFS, the
Alaska Department of Fish and Game,
and the International Pacific Halibut
Commission (IPHC). At its October 2010
meeting, the Council’s groundfish Plan
Teams recommended the formation of a
total catch accounting working group to
assist NMFS in developing a
methodology to estimate total catch of
groundfish. While much of the
information is currently available and
will be incorporated into the final 2010
SAFE reports, the development of an
adequate methodology is ongoing and
not fully ready for use in the final SAFE
reports. NMFS intends to have the
information available for the assessment
cycle in the fall of 2011.
At the October 2010 meeting, the
Council and the Scientific and
Statistical Committee (SSC)
recommended separating Kamchatka
flounder from the arrowtooth flounder
complex starting in the year 2011. As a
result, arrowtooth flounder and
Kamchatka flounder will have separate
OFLs, ABCs, and TACs for 2011 and
2012. Section 305(i)(1)(1)(B)(ii)(II) of the
MSA addresses allocations to the CDQ
Program. It requires ‘‘the allocation
under the program in any directed
fishery of the Bering Sea and Aleutian
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Islands (other than a fishery for halibut,
sablefish, pollock and crab) established
after the date of enactment of this
subclause shall be a total allocation
(directed and nontarget combined) of
10.7 percent.’’ This requirement was
added to the MSA through the Coast
Guard and Maritime Transportation Act
of 2006 (Public Law 109–241), which
was signed by the President on July 11,
2006. Therefore, the creation of a new
TAC category for Kamchatka flounder in
2011 would require NMFS to determine
if an allocation of 10.7 percent of the
Kamchatka flounder TAC should be
made to the CDQ Program. NMFS
requests public comment on the
following proposal to allocate 10.7
percent of the Kamchatka flounder TAC
to the CDQ Program.
In the final 2007 and 2008 harvest
specifications for groundfish of the
BSAI (72 FR 9451, March 2, 2007),
NMFS explained the determination that
the term ‘‘directed fishery’’ for purposes
of section 305(i)(1) of the MSA means a
fishery for which sufficient TAC exists
to open a directed fishery for that
species or species group, and the
species or species group is economically
valuable enough for the CDQ groups to
target them. For Kamchatka flounder
sufficient TAC exists to open a directed
fishery for this species, the species is
economically valuable, directed fishing
for Kamchatka flounder has been
conducted in the past, vessel harvesting
groundfish on behalf of the CDQ groups
have retained catch reported under the
combined species code for arrowtooth
flounder and Kamchatka flounder,
observers onboard these vessels have
reported the retention of Kamchatka
flounder, and NMFS expects that vessel
operators in the non-CDQ fisheries will
conduct directed fishing for Kamchatka
flounder in the future. NMFS does not
have sufficient information at this time
to determine if Kamchatka flounder is
economically valuable enough to the
CDQ groups for them to target on them
or conduct directed fisheries for them in
the future. Therefore, based on the
information available at this time,
NMFS initially proposes that
Kamchatka flounder may meet the
definition for a ‘‘directed fishery’’ under
section 305(i)(1) and proposes to
allocate 10.7 percent of the Kamchatka
flounder TAC to the CDQ Program.
NMFS requests comment about the
economic value of Kamchatka flounder
and whether the CDQ groups intend to
conduct directed fishing for Kamchatka
flounder in the future. For the final 2011
and 2012 groundfish harvest
specifications for the BSAI NMFS will
consider additional information
provided about the proposed allocation
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of Kamchatka flounder to the CDQ
Program. Specifically, if NMFS receives
information that none of the CDQ
groups intend to conduct directed
fishing for Kamchatka flounder, then
NMFS would not allocate 10.7 percent
of the Kamchatka flounder TAC to the
CDQ Program. However, if any one of
the six CDQ groups intends to conduct
directed fishing for Kamchatka flounder,
or if NMFS does not receive information
that demonstrates unanimity among the
CDQ groups about the economic value
of Kamchatka flounder to the CDQ
groups, NMFS would allocate 10.7
percent of the TAC to the CDQ Program.
If an allocation of Kamchatka flounder
is made to the CDQ Program in the final
2011 and 2012 groundfish harvest
specifications for the BSAI, this CDQ
reserve will be allocated among the CDQ
groups using the same percentage
allocations currently used to allocate the
arrowtooth flounder complex among the
CDQ groups. These percentage
allocations are shown in Table 1 of a
notice published in the Federal Register
on August 31, 2006 (71 FR 51804). The
current percentage allocations of
arrowtooth flounder among the CDQ
groups would be used to allocate
Kamchatka flounder among the CDQ
groups because the new TAC category is
being created by splitting Kamchatka
flounder from the arrowtooth flounder
complex.
The SSC and the Council also
recommended splitting the BSAI
rougheye/blackspotted rockfish complex
ABC and TAC between the Bering Sea
subarea and the Aleutian Island subarea.
At the November 2010 meeting, the Plan
Team recommended splitting the BSAI
rougheye/blackspotted rockfish complex
ABC and TAC into two areas, with the
first area being the Central Aleutian
Islands and Western Aleutian Islands
subareas and the second area being the
Eastern Aleutian Island and Bering Sea
subareas. The Council could choose
either or none of these proposals at its
December 2010 meeting.
NMFS published a final rule to
implement Amendment 91 to the FMP
on August 30, 2010 (75 FR 53026),
effective September 29, 2010.
Amendment 91 is a change in
management of Chinook salmon bycatch
in the Bering Sea pollock fishery that
combines a limit on the amount of
Chinook salmon that may be caught
incidentally with incentive plan
agreements and performance standards.
The final rule also removes from
regulations the 29,000 Chinook salmon
PSC limit in the Bering Sea, the Chinook
Salmon Savings Areas in the Bering Sea,
exemption from Chinook Salmon
Savings Area closures for participants in
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the voluntary rolling hotspot system
(VRHS) intercooperative agreement, and
Chinook salmon as a component of the
VRHS intercooperative agreement. The
final rule does not change any
regulations affecting the management of
Chinook salmon in the Aleutian Islands
or non-Chinook salmon in the BSAI.
The Council is currently considering a
separate action to modify the nonChinook salmon management measures
to minimize non-Chinook salmon
bycatch.
In 2010, NMFS completed a Section 7
formal consultation on the effects of the
authorization of the Alaska groundfish
fisheries on Endangered Species Act
listed species under NMFS jurisdiction.
The consultation resulted in a biological
opinion that determined that the effects
of the Alaska groundfish fisheries were
likely to result in the jeopardy of
extinction and adverse modification of
designated critical habitat for the
western distinct population segment of
Steller sea lions. The biological opinion
contained a reasonable and prudent
alternative that requires changes to the
BSAI Atka mackerel and Aleutian
Islands subarea Pacific cod fisheries to
prevent the likelihood of jeopardy of
extinction or adverse modification of
critical habitat for Steller sea lions. A
separate rulemaking for implementation
of the reasonable and prudent
alternative is scheduled to be effective
by January 1, 2011. Changes to the
harvest specifications for Atka mackerel
and Pacific cod that would be required
by the rule implementing the reasonable
and prudent alternative are described in
the section for each of these target
species and will revise these proposed
harvest specifications for Atka mackerel
and Pacific cod listed in Tables 1, 3, 4,
9, and 11.
Proposed ABC and TAC Harvest
Specifications
The amounts proposed for the 2011
and 2012 harvest specifications are
based on the 2009 SAFE report and are
subject to change in the final harvest
specifications to be published by NMFS
following the Council’s December 2010
meeting. At that meeting the Council
will consider information contained in
the final 2010 SAFE report,
recommendations from the Plan Team
meeting, the December 2010 Scientific
and Statistical Committee (SSC), the
Advisory Panel (AP) meetings, and
public testimony in making its
recommendations for the final 2011 and
2012 harvest specifications.
At the October 2010 Council meeting,
the Council, the Scientific and
Statistical Committee (SSC), and the
Advisory Panel (AP) reviewed most
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recent biological and harvest
information about the condition of
groundfish stocks in the BSAI. This
information was initially compiled by
the Plan Team and presented in the
final 2009 SAFE report for the BSAI
groundfish fisheries, dated November
2009 (see ADDRESSES). In November
2010, the Plan Team updated the 2009
SAFE report to include new information
collected during 2010, such as revised
stock assessments and catch data. The
Plan Team compiled this information
and produced the 2010 SAFE report.
The Council will review the 2010 SAFE
report during the December 2010
Council meeting. At that meeting, the
Council will consider information
contained in the 2010 SAFE report,
recommendations made by the Plan
Team during its November 2010
meeting, the December 2010 SSC and
AP meetings, public testimony, and
relevant written public comments in
making its recommendations for the
final 2011 and 2012 harvest
specifications.
In previous years the largest changes
from the proposed to the final harvest
specifications have been based on the
most recent NMFS surveys, which
provide updated estimates of stock
biomass and spatial distribution, and
changes to the models used in the stock
assessments. Any new models were
presented at the September Plan Team
meeting and reviewed by the SSC at the
October 2010 Council meeting. In
November 2010, the Plan Team will
consider updated stock assessments for
pollock, Pacific cod, yellowfin sole, rock
sole, Kamchatka flounder, sharks, squid,
sculpins, and octopus to be included in
the final 2010 SAFE report. For the
other groundfish stocks, the assessments
will be updated to include the most
recent information, such as 2010 catch.
The final harvest specification amounts
for these stocks are not expected to vary
greatly from the proposed specification
amounts published here.
If the final 2010 SAFE report indicates
that the stock biomass trend is
increasing for a species, then the final
2011 and 2012 harvest specifications
may reflect that increase from the
proposed harvest specifications. This
currently is applicable to the following
species: pollock, Pacific cod, sablefish,
Atka mackerel, yellowfin sole, flathead
sole, Pacific ocean perch, northern
rockfish, shortraker rockfish, other
rockfish, octopus, sculpins, and skates.
Conversely, if the final 2010 SAFE
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report indicates that the stock biomass
trend is decreasing for a species, then
the final 2011 and 2012 harvest
specifications may reflect a decrease
from the proposed harvest
specifications. This is applicable to the
following species: arrowtooth flounder,
Greenland turbot, rock sole, Alaska
plaice, other flatfish, and rougheye
rockfish. The biomass trends for sharks
and squid are relatively level and stable.
For Alaska plaice, natural mortality has
been re-estimated and this will likely
result in a far smaller OFL and ABC.
The proposed ABCs and TACs are
based on the best available biological
and socioeconomic data, including
projected biomass trends, information
on assumed distribution of stock
biomass, and revised methods used to
calculate stock biomass. The FMP
specifies the formulas, or tiers, to be
used to compute OFLs and ABCs. The
formulas applicable to a particular stock
or stock complex are determined by the
level of reliable information available to
fisheries scientists. This information is
categorized into a successive series of
six tiers to define OFL and ABC
amounts, with tier one representing the
highest level of information quality
available and tier six representing the
lowest level of information quality
available.
In October 2010, the SSC adopted the
proposed 2011 and 2012 OFLs and
ABCs recommended by the Plan Team
for all groundfish species. The Council
adopted the SSC’s OFL and ABC
recommendations and the AP’s TAC
recommendations. These amounts are
unchanged from the final 2011 harvest
specifications published in the Federal
Register on March 12, 2010 (75 FR
11778). The exceptions to this are the
establishment of individual ABC and
TAC amounts for sculpins, sharks,
squid, and octopuses per the Secretary’s
approval of Amendments 95 and 96 to
the FMP and separating Kamchatka
flounder from the arrowtooth flounder
complex, as previously described. For
2011 and 2012, the Council
recommended and NMFS proposes the
OFLs, ABCs, and TACs listed in Table
1. The proposed ABCs reflect harvest
amounts that are less than the specified
overfishing amounts. The sum of the
proposed 2011 and 2012 ABCs for all
assessed groundfish is 2,467,266 mt,
which is higher than the final 2010 ABC
total of 2,121,880 mt (75 FR 11778,
March 12, 2010).
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Specification and Apportionment of
TAC Amounts
The Council recommended proposed
TACs for 2011 and 2012 that are equal
to proposed ABCs for sablefish, Atka
mackerel, yellowfin sole, Greenland
turbot, Kamchatka flounder, ‘‘other
flatfish,’’ Pacific ocean perch, northern
rockfish, shortraker rockfish, rougheye
rockfish, other rockfish, squid, sharks,
skates, sculpins, and octopus. The
Council recommended proposed TACs
for 2011 and 2012 that are less than the
proposed ABCs for pollock, Pacific cod,
rock sole, arrowtooth flounder, flathead
sole, and Alaska plaice.
The proposed Bering Sea pollock TAC
was reduced from the ABC to
accommodate fishing under a potential
Exempted Fisheries Permit (EFP). The
Council likely will reconsider this
reduction at its December 2010 meeting,
given uncertainty of the deployment of
the EFP and the fact that any pollock
mortality that occurs under an approved
EFP would be considered in the
subsequent year’s stock assessment as
contemplated under Amendment 96 to
the FMP.
Section 679.20(a)(5)(iii)(B)(1) requires
the Aleutian Islands pollock TAC to be
set at 19,000 mt when the Aleutian
Islands pollock ABC equals or exceeds
19,000 mt. The Bogoslof pollock TAC is
set to accommodate incidental catch
amounts. The Pacific cod TAC is set to
accommodate the State of Alaska’s
(State) Aleutian Islands Pacific cod
guideline harvest level fishery so that
the ABC is not exceeded. The Alaska
plaice, arrowtooth flounder, flathead
sole, rock sole, and sculpin TACs are set
so that the sum of the overall TAC does
not exceed the BSAI optimum yield.
The proposed groundfish OFLs, ABCs
and TACs are subject to change pending
the completion of the 2010 SAFE report
and the Council’s recommendations for
final 2011 and 2012 harvest
specifications during its December 2010
meeting. These amounts are consistent
with the biological condition of
groundfish stocks as described in the
2009 SAFE report, and adjusted for
other biological and socioeconomic
considerations. Table 1 lists the
proposed 2011 and 2012 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.
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Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules
TABLE 1—PROPOSED 2011 AND 2012 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 2011 and 2012
Species
Area
OFL
Pollock ......................................................
ABC
ITAC 2
TAC
CDQ 3 4 5
Squid ........................................................
Sharks ......................................................
Skates ......................................................
Sculpins ....................................................
Octopus ....................................................
2011 BS
2012 BS
AI
Bogoslof
BSAI
BS
AI
BSAI
EAI/BS
CAI
WAI
BSAI
BSAI
BSAI
BS
AI
BSAI
BSAI
BSAI
BSAI
BSAI
BSAI
BS
EAI
CAI
WAI
BSAI
BSAI
BSAI
BS
AI
BSAI
BS
AI
BSAI
BSAI
BSAI
BSAI
BSAI
1,220,000
1,220,000
39,100
22,000
251,000
2,970
2,200
76,200
........................
........................
........................
227,000
245,000
6,860
........................
........................
167,400
23,600
81,800
23,000
314,000
22,200
........................
........................
........................
........................
8,700
516
650
........................
........................
1,380
........................
........................
2,620
598
35,900
51,300
311
1,110,000
1,110,000
32,200
156
214,000
2,500
1,860
65,000
20,900
26,000
18,100
213,000
242,000
5,370
3,700
1,670
139,300
17,700
68,100
17,300
248,000
18,680
3,790
4,180
4,230
6,480
7,290
387
531
42
489
1,040
485
555
1,970
449
30,000
30,200
233
1,107,000
1,105,000
19,000
75
207,580
2,500
1,860
65,000
20,900
26,000
18,100
213,000
90,000
5,370
3,700
1,670
60,000
17,700
60,000
17,300
40,000
18,680
3,790
4,180
4,230
6,480
7,290
387
531
42
489
1,040
485
555
1,970
449
30,000
30,035
233
996,300
994,500
17,100
10
185,369
1,063
434
58,045
18,664
23,218
16,163
190,209
80,370
4,565
3,145
1,420
51,000
15,045
53,580
14,705
34,000
16,518
3,222
3,733
3,777
5,787
6,197
329
451
36
416
884
412
472
1,675
382
25,500
25,530
198
110,700
110,500
1,900
........................
22,211
94
38
6,955
2,236
2,782
1,937
22,791
9,630
n/a
396
........................
6,420
1,894
6,420
........................
........................
n/a
........................
447
453
693
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
2011 Total .........................................
........................
2,826,305
2,467,266
1,997,000
1,779,457
189,148
2012 Total .........................................
........................
2,826,305
2,467,266
1,995,000
1,779,457
189,148
Pacific cod 4 .............................................
Sablefish 5 ................................................
Atka mackerel ..........................................
Yellowfin sole ...........................................
Rock sole 6 ...............................................
Greenland turbot ......................................
Arrowtooth flounder ..................................
Kamchatka flounder .................................
Flathead sole 7 .........................................
Other flatfish 8 ..........................................
Alaska plaice ............................................
Pacific ocean perch .................................
Northern rockfish ......................................
Shortraker rockfish ...................................
Rougheye rockfish 9 .................................
jlentini on DSKJ8SOYB1PROD with PROPOSALS
Other rockfish 10 .......................................
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 (4 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 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’’, squids, octopuses, skates, sculpins, and sharks are not allocated to the CDQ program.
6 ‘‘Rock sole’’ includes Lepidopsetta polyxystra (Northern rock sole) and Lepidopsetta bilineata (Southern rock sole).
7 ‘‘Flathead sole’’ includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
8 ‘‘Other flatfish’’ includes all flatfish species, except for halibut (a prohibited species), arrowtooth flounder, flathead sole, Greenland turbot,
Kamchatka flounder, rock sole, and yellowfin sole.
9 ‘‘Rougheye rockfish’’ includes Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted).
10 ‘‘Other rockfish’’ includes all Sebastes and Sebastolobus species except for Pacific ocean perch, northern, shortraker, and rougheye
rockfish.
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Groundfish 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 category, except for
pollock, the hook-and-line and pot gear
allocation of sablefish, and the
Amendment 80 species, in a nonspecified 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, Kamchatka
flounder, 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 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. Sections 679.30 and 679.31 set
forth regulations governing the
management of the CDQ reserves.
Pursuant to § 679.20(a)(5)(i)(A)(1),
NMFS proposes a pollock ICA of 4
percent of the Bering Sea subarea
pollock TAC after subtraction of the 10
percent CDQ reserve. This allowance is
based on NMFS’ examination of the
pollock incidental catch, including the
incidental catch by CDQ vessels, in
target fisheries other than pollock from
1999 through 2010. During this 12-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
12-year average of 3.3 percent. Pursuant
to § 679.20(a)(5)(iii)(B)(2)(i) and (ii),
NMFS proposes a pollock ICA of 1,600
mt for the AI subarea after subtraction
of the 10 percent CDQ DFA. This
allowance is based on NMFS’
examination of the pollock incidental
catch, including the incidental catch by
CDQ vessels, in target fisheries other
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than pollock from 2003 through 2010.
During this 8-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 an 8-year average of 7
percent.
Pursuant to § 679.20(a)(8) and (10),
NMFS proposes ICAs of 5,000 mt of
flathead sole, 10,000 mt of rock sole,
2,000 mt of yellowfin sole, 10 mt of
Western Aleutian District Pacific ocean
perch, 75 mt of Central Aleutian District
Pacific ocean perch, 100 mt of Eastern
Aleutian District Pacific ocean perch, 40
mt for Western Aleutian District Atka
mackerel, 75 mt for Central Aleutian
District Atka mackerel, and 75 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’
examination of the average incidental
catch in other target fisheries from
recent years.
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,
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 4
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 to
June 10) and 60 percent of the DFA is
allocated to the B season (June 10 to
November 1) (§ 679.20(a)(5)(i)(B)). 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 (§ 679.20(a)(5)(iii)(B)(2)(ii)). 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 2011 and
2012 amounts.
Section 679.20(a)(5)(i)(A)(4) also
includes several specific requirements
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76377
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. Tables 2a
and 2b list the proposed 2011 and 2012
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 2011 have
not been submitted to NMFS, thereby
preventing NMFS from calculating 2011
allocations, NMFS has not included
inshore cooperative text and tables in
these proposed harvest specifications.
NMFS will post 2011 AFA inshore
cooperative allocations on the Alaska
Region Web site at https://
alaskafisheries.noaa.gov when they
become available in December 2010.
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
(§ 679.20(a)(5)(i)(C)). 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. Tables 2a and 2b list these
proposed 2011 and 2012 amounts by
sector.
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Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules
TABLE 2a—PROPOSED 2011 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
DIRECTED FISHING ALLOWANCES (DFA) 1
[Amounts are in metric tons]
2011 A season
2011
Allocations
Area and sector
Bering Sea subarea TAC ................................................................................
CDQ DFA .........................................................................................................
ICA 1 .................................................................................................................
AFA Inshore .....................................................................................................
AFA Catcher/Processors 3 ...............................................................................
Catch by C/Ps ..........................................................................................
Catch by C/Vs 3 ........................................................................................
Unlisted C/P Limit 4 ............................................................................
AFA Motherships .............................................................................................
Excessive Harvesting Limit 5 ............................................................................
Excessive Processing Limit 6 ...........................................................................
Total Bering Sea DFA (non-CDQ) ...................................................................
Aleutian Islands subarea1 ................................................................................
CDQ DFA .........................................................................................................
ICA ...................................................................................................................
Aleut Corporation .............................................................................................
Bogoslof District ICA 7 ......................................................................................
1,107,000
110,700
39,852
478,224
382,579
350,060
32,519
1,913
95,645
167,378
286,934
956,448
19,000
1,900
1,600
15,500
10
A season DFA
2011 B season 1
SCA harvest
limit 2
N/A
44,280
N/A
191,290
153,032
140,024
13,008
765
38,258
N/A
N/A
382,579
N/A
760
800
10,600
N/A
N/A
30,996
N/A
133,903
107,122
N/A
N/A
N/A
26,781
N/A
N/A
267,805
N/A
N/A
N/A
N/A
N/A
B season DFA
N/A
66,420
N/A
286,934
229,548
210,036
19,512
1,148
57,387
N/A
N/A
573,869
N/A
1,140
800
4,900
N/A
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 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/
processor 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 2011 and 2012 harvest specifications for the BSAI. The amounts specified are for incidental catch only and are not apportioned by season or sector.
TABLE 2b—PROPOSED 2012 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
DIRECTED FISHING ALLOWANCES (DFA) 1
[Amounts are in metric tons]
2012 A season
2012
Allocations
jlentini on DSKJ8SOYB1PROD with PROPOSALS
Area and sector
A season DFA
2012 B
season1
SCA harvest
limit 2
B season DFA
Bering Sea subarea TAC ................................................................................
CDQ DFA .........................................................................................................
ICA 1 .................................................................................................................
AFA Inshore .....................................................................................................
AFA Catcher/Processors3 ................................................................................
Catch by C/Ps ..........................................................................................
Catch by C/Vs3 .........................................................................................
Unlisted C/P Limit 4 ............................................................................
AFA Motherships .............................................................................................
Excessive Harvesting Limit 5 ............................................................................
Excessive Processing Limit 6 ...........................................................................
1,105,000
110,500
39,780
477,360
381,888
349,428
32,460
1,909
95,472
167,076
286,416
N/A
44,200
N/A
190,944
152,755
139,771
12,984
764
38,189
N/A
N/A
N/A
30,940
N/A
133,661
106,929
N/A
N/A
N/A
26,732
N/A
N/A
N/A
66,300
N/A
286,416
229,133
209,657
19,476
1,146
57,283
N/A
N/A
Total Bering Sea DFA (non-CDQ) .............................................
Aleutian Islands subarea 1 ...............................................................................
CDQ DFA .........................................................................................................
ICA ...................................................................................................................
Aleut Corporation .............................................................................................
954,720
19,000
1,900
1,600
15,500
381,888
N/A
760
800
10,600
267,322
N/A
N/A
N/A
N/A
572,832
N/A
1,140
800
4,900
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TABLE 2B—PROPOSED 2012 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
DIRECTED FISHING ALLOWANCES (DFA) 1—Continued
[Amounts are in metric tons]
2012 A season
2012
Allocations
Area and sector
Bogoslof District ICA 7 ......................................................................................
A season DFA
10
N/A
2012 B
season1
SCA harvest
limit 2
N/A
B season DFA
N/A
1 Pursuant
jlentini on DSKJ8SOYB1PROD with PROPOSALS
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), the annual AI pollock TAC, after subtracting first for the CDQ
DFA (10 percent) and second the ICA (1,600 mt), is allocated to the Aleut Corporation for a directed pollock fishery. In the AI subarea, the A
season is allocated 40 percent of the ABC and the B season is allocated the remainder of the directed pollock fishery.
2 In the Bering Sea subarea, no more than 28 percent of each sector’s annual DFA may be taken from the SCA before April 1. The remaining
12 percent of the annual DFA allocated to the A season may be taken outside of the SCA before April 1 or inside the SCA after April 1. If 28
percent of the annual DFA is not taken inside the SCA before April 1, the remainder is available to be taken inside the SCA after April 1.
3 Pursuant to § 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors (C/Ps) shall be available for
harvest only by eligible catcher vessels (CVs) delivering to listed catcher/processors.
4Pursuant 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 2011 and 2012 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
The proposed harvest specifications
for Atka mackerel reflect the current
regulatory provisions for temporal and
spatial distribution of Atka mackerel
harvest in the BSAI. However, as
mentioned above, these provisions are
subject to change by separate
rulemaking prior to January 1, 2011,
based on the reasonable and prudent
alternative selected in the 2010 Alaska
groundfish fisheries biological opinion.
Section 679.20(a)(8)(ii) allocates the
Atka mackerel TACs to the Amendment
80 and BSAI trawl limited access
sectors, after subtraction of the CDQ
reserves, jig gear allocation, and ICAs
for the BSAI trawl limited access sector
and non-trawl gear. Table 3 lists these
proposed 2011 and 2012 amounts.
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
in § 679.91. Two Amendment 80
cooperatives have formed for the 2011
fishing year. Because all Amendment 80
vessels are part of a cooperative, no
allocation to the Amendment 80 limited
access sector is required. NMFS will
post 2011 Amendment 80 cooperative
allocations on the Alaska Region Web
site at https://alaskafisheries.noaa.gov
prior to the start of the fishing year on
January 1, 2011, based on the harvest
specifications effective on that date.
The 2012 allocations for Amendment
80 species between Amendment 80
cooperatives and the Amendment 80
limited access sector will not be known
until November 1, 2011, which is the
VerDate Mar<15>2010
17:01 Dec 07, 2010
Jkt 223001
deadline for eligible participants to
apply for participation in the
Amendment 80 program. Amendment
80 applications for 2012 have not yet
been submitted to NMFS, thereby
preventing NMFS from calculating 2012
allocations. Thus, NMFS has not
included 2012 allocations to the
Amendment 80 cooperatives or
Amendment 80 limited access sector in
these proposed harvest specifications.
NMFS will post 2012 Amendment 80
cooperatives and Amendment 80
limited access allocations on the Alaska
Region Web site at https://
alaskafisheries.noaa.gov when they
become available in December 2012.
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 2011 and 2012.
This percentage is applied after
subtractions of the CDQ reserve and the
ICA.
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
PO 00000
Frm 00063
Fmt 4702
Sfmt 4702
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)(B)(1)). 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
E:\FR\FM\08DEP1.SGM
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76380
Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules
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 nonCDQ fishery categories allocated Atka
mackerel TAC.
TABLE 3—PROPOSED 2011 AND 2012 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]
2011 allocation by area
Eastern
Aleutian
District/
Bering Sea
2012 allocation by area
Eastern
Aleutian
District/Bering
Sea
Sector 1
Season 2 3 4
TAC ................................
CDQ reserve ..................
n/a ...............
Total ............
HLA 5 ...........
Total ............
Total ............
Total ............
A ..................
HLA .............
B ..................
HLA .............
Total ............
20,900
2,236
n/a
75
93
1,480
740
n/a
740
n/a
7,988
26,000
2,782
1,669
75
0
1,851
926
555
926
555
8,478
18,100
1,937
1,162
40
0
0
0
0
0
0
6,182
20,900
2,236
n/a
75
93
1,850
925
n/a
925
n/a
n/a
26,000
2,782
1,669
75
0
2,314
1,157
694
1,157
694
n/a
18,100
1,937
1,162
40
0
0
0
0
0
0
n/a
A ..................
HLA .............
B ..................
HLA .............
Total ............
3,994
n/a
3,994
n/a
9,028
4,239
2,544
4,239
2,544
12,813
3,091
1,855
3,091
1,855
9,941
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
A ..................
HLA .............
B ..................
HLA .............
4,514
n/a
4,514
n/a
6,407
3,844
6,407
3,844
4,971
2,982
4,971
2,982
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
ICA ..................................
Jig6 .................................
BSAI trawl limited access
Amendment 80—Alaska
Seafood Cooperative.
Amendment 80—Alaska
Groundfish Cooperative.
Central
Aleutian
District
Western
Aleutian
District
Central
Aleutian
District
Western
Aleutian
District
1 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 in § 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants
(see §§ 679.20(b)(1)(ii)(C) and 679.31).
2 Regulations at §§ 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery.
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. These allowances are
subject to change under ongoing Section 7 Consultation addressing impacts of the groundfish fisheries on endangered Steller sea lions.
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
2010 and 2011, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts.
These HLA limits are subject to change under ongoing Section 7 Consultation addressing impacts of the groundfish fisheries on endangered
Steller sea lions.
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.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
Allocation of the Pacific Cod TAC
The proposed harvest specifications
for Pacific cod reflect the current
regulatory provisions for temporal and
spatial distribution of Pacific cod
harvest in the Aleutian Islands subarea.
However, as mentioned above, these
provisions are subject to changes by
separate rulemaking prior to January 1,
2011, based on the reasonable and
prudent alternative selected in the 2010
Alaska groundfish fisheries biological
opinion.
Sections 679.20(a)(7)(i) and (ii)
allocates the Pacific cod TAC in the
BSAI, after subtraction of 10.7 percent
for the CDQ program, as follows: 1.4
percent to vessels using jig gear, 2.0
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17:01 Dec 07, 2010
Jkt 223001
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. For 2011 and 2012, the Regional
Administrator proposes an ICA of 500
PO 00000
Frm 00064
Fmt 4702
Sfmt 4702
mt 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. Two Amendment 80
cooperatives have formed for the 2011
fishing year. Because all Amendment 80
vessels are part of a cooperative, no
allocation to the Amendment 80 limited
access sector is required. NMFS will
post 2011 Amendment 80 cooperative
allocations on the Alaska Region Web
site at https://alaskafisheries.noaa.gov
prior to the start of the fishing year on
January 1, 2011, based on the harvest
specifications effective on that date.
The 2012 allocations for Amendment
80 species between Amendment 80
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Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules
cooperatives and the Amendment 80
limited access sector will not be known
until November 1, 2011, which is the
deadline for eligible participants to
apply for participation in the
Amendment 80 program. Amendment
80 applications for 2012 have not yet
been submitted to NMFS, thereby
preventing NMFS from calculating 2012
allocations. Thus, NMFS has not
included 2012 allocations to the
Amendment 80 cooperatives or
Amendment 80 limited access sector in
these proposed harvest specifications.
NMFS will post 2012 Amendment 80
cooperatives and Amendment 80
limited access allocations on the Alaska
Region Web site at https://
alaskafisheries.noaa.gov when they
become available in December 2012.
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
76381
portion of a seasonal Pacific cod
allowance will become available at the
beginning of the next seasonal
allowance.
The CDQ and non-CDQ season
allowances by gear based on the
proposed 2011 and 2012 Pacific cod
TACs are listed in Table 4 based on the
sector allocation percentages of Pacific
cod set forth at §§ 679.20(a)(7)(i)(B) and
679.20(a)(7)(iv)(A); and the seasonal
allowances of Pacific cod set forth at
§ 679.23(e)(5).
TABLE 4—PROPOSED 2011 AND 2012 GEAR SHARES AND SEASONAL ALLOWANCES OF THE BSAI PACIFIC COD TAC
[Amounts are in metric tons]
Gear sector
2011 and
2012 share of
gear sector
total
Percent
2011 and
2012 share of
sector total
Total TAC ........................................................
CDQ ................................................................
Total hook-and-line/pot gear ...........................
Hook-and-line/pot ICA 1 ..................................
Hook-and-line/pot sub-total .............................
Hook-and-line catcher/processors ..................
100
10.7
60.8
n/a
n/a
48.7
207,580
22,211
112,704
n/a
112,204
n/a
n/a
n/a
n/a
500
n/a
89,874
Hook-and-line catcher vessels > 60 ft LOA ...
0.2
n/a
369
Pot catcher/processors ...................................
1.5
n/a
2,768
Pot catcher vessels ≥ 60 ft LOA .....................
8.4
n/a
15,502
Catcher vessels < 60 ft LOA using hook-andline or pot gear.
Trawl catcher vessels .....................................
2
n/a
3,691
22.1
40,967
n/a
AFA trawl catcher processors .........................
2.3
4,263
n/a
Amendment 80 ................................................
13.4
24,839
n/a
Amendment 80—Alaska Groundfish Cooperative for 2011 2.
n/a
4,625
n/a
Amendment 80—Alaska Seafood Cooperative for 2011 2.
n/a
20,214
n/a
Jig ....................................................................
1.4
2,595
n/a
2011 and 2012 seasonal apportionment
Season
Amount
n/a ......................................
See § 679.20(a)(7)(i)(B) .....
n/a ......................................
n/a ......................................
n/a ......................................
Jan 1–Jun 10 .....................
Jun 10–Dec 31 ...................
Jan 1–Jun 10 .....................
Jun 10–Dec 31 ...................
Jan 1–Jun 10 .....................
Sept 1–Dec 31 ...................
Jan 1–Jun 10 .....................
Sept 1–Dec 31 ...................
n/a ......................................
n/a
n/a
n/a
n/a
n/a
45,836
44,038
188
181
1,412
1,356
7,906
7,596
n/a
Jan 20–Apr 1 ......................
Apr 1–Jun 10 ......................
Jun 10–Nov 1 .....................
Jan 20–Apr 1 ......................
Apr 1–Jun 10 ......................
Jun 10–Nov 1 .....................
Jan 20–Apr 1 ......................
Apr 1–Jun 10 ......................
Jun 10–Nov 1 .....................
Jan 20–Apr 1 ......................
Apr 1–Jun 10 ......................
Jun 10–Nov 1 .....................
Jan 20–Apr 1 ......................
Apr 1–Jun 10 ......................
Jun 10–Nov 1 .....................
Jan 1–Apr 30 ......................
Apr 30–Aug 31 ...................
Aug 31–Dec 31 ..................
30,315
4,506
6,145
3,198
1,066
0
18,630
6,210
0
3,469
1,156
0
15,161
5,054
0
1,557
519
519
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 2011 and 2012 based on anticipated incidental catch in these fisheries.
2 The 2012 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not
be known until November 1, 2011, the deadline for eligible participants to apply for participation in the Amendment 80 program.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
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. Gear
allocations for the AI subarea are 25
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17:01 Dec 07, 2010
Jkt 223001
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
PO 00000
Frm 00065
Fmt 4702
Sfmt 4702
TAC be established biennially. The
harvest specifications for the hook-andline gear and pot gear sablefish
Individual Fishing Quota (IFQ) fisheries
will be limited to the 2011 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
E:\FR\FM\08DEP1.SGM
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76382
Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules
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 2011 and 2012 gear
allocations of the sablefish TAC and
CDQ reserve amounts.
TABLE 5—PROPOSED 2011 AND 2012 GEAR SHARES AND CDQ RESERVE SABLEFISH TACS OF BSAI
[Amounts are in metric tons]
Subarea gear
Percent of
TAC
2011 Share of
TAC
2011 ITAC1
2011 CDQ
reserve
2012 Share of
TAC
2012 ITAC
2012 CDQ
reserve
Bering Sea
Trawl .....................
Hook-and-line
gear 2 .................
50
1,250
1,063
94
1,250
1,063
94
50
1,250
n/a
250
n/a
n/a
n/a
Total ...............
100
2,500
1,063
344
2,500
1,063
94
Aleutian Islands
Trawl .....................
Hook-and-line
gear 2 .................
25
510
434
38
510
434
38
75
1,530
n/a
306
n/a
n/a
n/a
Total ...............
100
2,040
434
344
2,040
434
38
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.
Allocation of the Aleutian Islands
Pacific Ocean Perch, and BSAI
Flathead Sole, Rock Sole, and
Yellowfin Sole TACs
Sections 679.20(a)(10)(i) and (ii)
require the allocation between the
Amendment 80 and BSAI trawl limited
access sectors for Aleutian Islands
Pacific ocean perch, and BSAI flathead
sole, rock sole, and yellowfin sole TACs,
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, and BSAI flathead sole,
rock sole, and yellowfin sole to the
Amendment 80 sector is established in
Tables 33 and 34 to part 679 and in
§ 679.91.
Two Amendment 80 cooperatives
have formed for the 2011 fishing year.
Because all Amendment 80 vessels are
part of a cooperative, no allocation to
the Amendment 80 limited access sector
is required. NMFS will post 2011
Amendment 80 cooperative allocations
on the Alaska Region Web site at
https://alaskafisheries.noaa.gov prior to
the start of the fishing year on January
1, 2011, based on the harvest
specifications effective on that date.
The 2012 allocations for Amendment
80 species between Amendment 80
cooperatives and the Amendment 80
limited access sector will not be known
until November 1, 2011, which is the
deadline for eligible participants to
apply for participation in the
Amendment 80 program. Amendment
80 applications for 2012 have not yet
been submitted to NMFS, thereby
preventing NMFS from calculating 2012
allocations. Thus, NMFS has not
included 2012 allocations to the
Amendment 80 cooperatives or
Amendment 80 limited access sector in
these proposed harvest specifications.
NMFS will post 2012 Amendment 80
cooperatives and Amendment 80
limited access allocations on the Alaska
Region Web site at https://
alaskafisheries.noaa.gov when they
become available in December 2012.
Table 6 lists the proposed 2011 and
2012 allocations and seasonal
apportionments of the Aleutian Islands
Pacific ocean perch, and BSAI flathead
sole, rock sole, and yellowfin sole TACs.
TABLE 6—PROPOSED 2011 AND 2012 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH
AMOUNTS (ICAS), AND AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI
FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE TACS
[Amounts are in metric tons]
2011 and 2012 allocations
Pacific ocean perch
Sector
Flathead sole
jlentini on DSKJ8SOYB1PROD with PROPOSALS
Eastern
Aleutian
District
TAC ..........................................................
CDQ .........................................................
ICA ...........................................................
BSAI trawl limited access ........................
Amendment 80 .........................................
Amendment 80—Alaska Groundfish Cooperative for 20111 ...............................
VerDate Mar<15>2010
18:58 Dec 07, 2010
Jkt 223001
Central
Aleutian
District
Western
Aleutian
District
Rock sole
BSAI
Yellowfin sole
BSAI
BSAI
4,180
447
100
363
3,270
6,480
693
10
116
5,661
60,000
6,420
5,000
0
48,580
90,000
9,630
10,000
0
70,370
213,000
22,791
2,000
40,226
147,983
1,734
PO 00000
4,230
453
75
370
3,332
1,767
3,002
9,487
19,752
62,815
Frm 00066
Fmt 4702
Sfmt 4702
E:\FR\FM\08DEP1.SGM
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Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules
76383
TABLE 6—PROPOSED 2011 AND 2012 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH
AMOUNTS (ICAS), AND AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI
FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE TACS(TDESC>[AMOUNTS ARE IN METRIC TONS]—Continued
2011 and 2012 allocations
Pacific ocean perch
Sector
Flathead sole
Eastern
Aleutian
District
Amendment 80—Alaska Seafood Cooperative for 20111 ...................................
1,536
Central
Aleutian
District
Western
Aleutian
District
1,565
2,659
Rock sole
BSAI
Yellowfin sole
BSAI
BSAI
39,093
50,618
85,168
1 The
2012 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not
be known until November 1, 2011, the deadline for eligible participants to apply for participation in the Amendment 80 program.
jlentini on DSKJ8SOYB1PROD 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 2011 and 2012 BSAI
halibut mortality limits are 3,675 mt for
trawl fisheries and 900 mt for the nontrawl fisheries. Sections
679.21(e)(3)(i)(A)(2) and (e)(4)(i)(A)
allocate 326 mt of the trawl halibut
mortality limit and 7.5 percent, or 67
mt, of the non-trawl halibut mortality
limit as the PSQ reserve for use by the
groundfish CDQ program. Section
679.21(e)(1)(viii) specifies 700 fish as
the 2011 and 2012 Chinook salmon PSC
limit for the AI subarea pollock fishery.
Section 679.21(e)(3)(i)(A)(3)(i) allocates
7.5 percent, or 53 Chinook salmon, as
the AI subarea PSQ for the CDQ
program and allocates the remaining
647 Chinook salmon to the non-CDQ
fisheries. Section 679.21(e)(1)(vii)
specifies 42,000 fish as the 2011 and
2012 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 nonChinook salmon to the non-CDQ
fisheries.
Amendment 91 (75 FR 53026, August
30, 2010), establishes two Chinook
salmon PSC limits (60,000 Chinook
salmon and 47,591 Chinook salmon) for
the Bering Sea pollock fishery. For each
PSC limit, NMFS will issue A season
and B season Chinook salmon PSC
allocations to the catcher/processor
sector, the mothership sector, the
inshore cooperatives, and the CDQ
groups. Chinook salmon allocations
remaining from the A season can be
used in the B season. Entities can
transfer PSC allocations within a season
and can also receive transfers of
Chinook salmon PSC to cover overages.
NMFS will issue transferable
allocations of the 60,000 Chinook
salmon PSC limit to those sectors that
participate in an incentive plan
VerDate Mar<15>2010
17:01 Dec 07, 2010
Jkt 223001
agreement (IPA) and remain in
compliance with the performance
standard. Sector and cooperative
allocations would be reduced if
members of the sector or cooperative
decided not to participate in an IPA.
Vessels and CDQ groups that do not
participate in an IPA would fish under
a restricted opt-out allocation of
Chinook salmon. If an entire sector does
not participate in an IPA, all members
of that sector would fish under the optout allocation.
Each year, each sector will be issued
an annual threshold amount that
represents that sector’s portion of 47,591
Chinook salmon. For a sector to
continue to receive Chinook salmon
PSC allocations under the 60,000
Chinook salmon PSC limit, that sector
must not exceed its annual threshold
amount 3 times within 7 consecutive
years. If a sector fails this performance
standard, it will permanently be
allocated a portion of the 47,591
Chinook salmon PSC limit. NMFS will
issue transferable allocations of the
47,591 Chinook salmon PSC limit to all
sectors, cooperatives, and CDQ groups if
no IPA is approved, or to the sectors
that exceed the performance standard.
When a PSC allocation is reached, the
affected sector, inshore cooperative, or
CDQ group would have to stop fishing
for pollock for the remainder of the
season even if its pollock allocation had
not been fully harvested.
Each year, NMFS will release to the
public and publish on the NMFS Alaska
Region Web site (https://
alaskafisheries.noaa.gov): (A) The
Chinook salmon PSC allocations for
each entity receiving a transferable
allocation; (B) the non-transferable
Chinook salmon PSC allocations; (C) the
vessels fishing under each transferable
or non-transferable allocation; (D) the
amount of Chinook salmon bycatch that
accrues towards each transferable or
non-transferable allocation; and (E) any
changes to these allocations due to
transfers, rollovers, and deductions from
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the B season non-transferable
allocations.
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 2010
regarding red king crab and herring PSC
limits and apportionments, the Council
recommended and NMFS proposes
using the crab and herring 2011 and
2012 PSC limits and apportionments for
the proposed 2011 and 2012 limits and
apportionments. The Council will
reconsider these amounts in December
2010. Pursuant to § 679.21(e)(3)(i)(A)(1),
10.7 percent of each PSC limit specified
for crab is allocated as a PSQ reserve for
use by the groundfish CDQ program.
The red king crab mature female
abundance is estimated from the 2009
survey data at 35 million red king crabs,
and the effective spawning biomass is
estimated at 75 million lb (34,020 mt).
Based on the criteria set out at
§ 679.21(e)(1)(i), the proposed 2011 and
2012 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 8.4
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
PSC allowance within the RKCSS (Table
7b). Based on 2010 survey data, Tanner
crab (Chionoecetes bairdi) abundance is
estimated at 379 million animals. Given
the criteria set out at § 679.21(e)(1)(ii),
the calculated 2011 and 2012 C. bairdi
crab PSC limit for trawl gear is 830,000
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animals in Zone 1 and 2,520,000
animals in Zone 2. These limits derive
from the C. bairdi crab abundance
estimate being in excess of the 270
million animals for the Zone 1
allocation and 290 million animals for
the Zone 2 allocation, but less than 400
million animals for both zones
allocations. These limits are specified in
§ 679.21(e)(1)(ii).
Pursuant to § 679.21(e)(1)(iii), 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 2010 survey
estimate of 7.5 billion animals, the
calculated limit is 8,460,480 animals.
Pursuant to § 679.21(e)(1)(v), 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 2011 and 2012 herring
biomass is 197,400 mt. This amount was
derived using 2009 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 2011 and 2012
is 1,974 mt for all trawl gear as
presented in Tables 7a and 7b. Due to
the lack of new information as of
October 2010 regarding herring biomass,
the Council recommended and NMFS
proposes using the 2009 PSC limit for
herring for the proposed 2011 and 2012
limits and apportionments. The Council
will reconsider these amounts in
December 2010, based on
recommendations by the Plan Team and
the SSC.
Section 679.21(e)(3)(A) requires PSQ
reserves to be subtracted from the total
trawl PSC limits. The amount of the
2011 PSC limits assigned to the
Amendment 80 and BSAI trawl limited
access sectors are specified in Table 35
to part 679. The resulting allocation of
PSC to CDQ PSQ, the Amendment 80
sector, and the BSAI trawl limited
access sector are listed in Table 7a.
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 further allocated to
Amendment 80 cooperatives as PSC
cooperative quota as presented in Table
7d.
Two Amendment 80 cooperatives
have formed for the 2011 fishing year.
Because all Amendment 80 vessels are
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part of a cooperative, no allocation to
the Amendment 80 limited access sector
is required. NMFS will post 2011
Amendment 80 cooperative allocations
on the Alaska Region Web site at
https://alaskafisheries.noaa.gov prior to
the start of the fishing year on January
1, 2011, based on the harvest
specifications effective on that date.
The 2012 Amendment 80 allocations
between Amendment 80 cooperatives
and the Amendment 80 limited access
sector will not be known until
November 1, 2011, which is the
deadline for eligible participants to
apply for participation in the
Amendment 80 program. Amendment
80 applications for 2012 have not been
submitted to NMFS, thereby preventing
NMFS from calculating 2012
allocations. Thus, NMFS has not
included 2012 allocations to the
Amendment 80 cooperatives or
Amendment 80 limited access sector in
these proposed harvest specifications.
NMFS will post 2012 Amendment 80
cooperatives and Amendment 80
limited access allocations on the Alaska
Region Web site at https://
alaskafisheries.noaa.gov when they
become available in December 2012.
Section 679.21(e)(4)(i) 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 trawl and non-trawl fisheries.
Pursuant to section 3.6 of the FMP,
the Council recommends, and NMFS
agrees, that certain specified non-trawl
fisheries be exempt from the halibut
PSC limit. As in past years after
consultation with the Council, NMFS
exempts pot gear, jig gear, and the
sablefish IFQ hook-and-line gear fishery
categories from halibut bycatch
restrictions because (1) the pot gear
fisheries have low halibut bycatch
mortality, (2) NMFS estimates halibut
mortality for the jig gear fleet to be
negligible because of the small size of
the fishery and the selectivity of the
gear, 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 2010, total groundfish catch for
the pot gear fishery in the BSAI was
approximately 20,940 mt, with an
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associated halibut bycatch mortality of
about 43 mt.
The 2010 jig gear fishery harvested
about 344 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, as mentioned
above, NMFS estimates 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
considered are (1) seasonal distribution
of prohibited species, (2) seasonal
distribution of target groundfish species,
(3) PSC bycatch needs on a seasonal
basis relevant to prohibited species
biomass, (4) expected variations in
bycatch rates throughout the year, (5)
expected start of fishing effort, and (6)
economic effects of seasonal PSC
apportionments on industry sectors.
The 2012 PSC limits for the
Amendment 80 cooperatives and the
Amendment 80 limited access sector
will not be known until November 1,
2011, the deadline for participants to
apply for participation in the
Amendment 80. Because Amendment
80 applications for 2012 have not been
submitted to NMFS, thereby preventing
NMFS from calculating 2012 PSC limits,
NMFS has not included 2012 PSC limits
between Amendment 80 cooperatives
and the Amendment 80 limited access
sector in these proposed harvest
specifications. NMFS will post 2012
Amendment 80 cooperative and
Amendment 80 limited access
allocations on the Alaska Region Web
site at https://alaskafisheries.noaa.gov
when they become available in
December 2012. NMFS proposes the
Council’s recommendation of the
seasonal PSC apportionments in Table
7c to maximize harvest among gear
types, fisheries, and seasons while
minimizing bycatch of PSC based on the
above criteria.
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TABLE 7a—PROPOSED 2011 AND 2012 APPORTIONMENT OF PROHIBITED SPECIES CATCH ALLOWANCES TO NON-TRAWL
GEAR, THE CDQ PROGRAM, AMENDMENT 80, AND THE BSAI TRAWL LIMITED ACCESS SECTORS
PSC species
Total
non-trawl
PSC
Halibut mortality (mt)
BSAI .............................
Herring (mt) BSAI ............
Red king crab (animals)
Zone 11 .........................
C. opilio (animals)
COBLZ2 ........................
C. bairdi crab (animals)
Zone 1 2 ........................
C. bairdi crab (animals)
Zone 2 ..........................
Non-trawl
PSC
remaining
after CDQ
PSQ 1
Total trawl
PSC
Trawl PSC
remaining
after CDQ
PSQ 1
Amendment 80 sector
CDQ PSQ
reserve 1
2011
BSAI trawl
limited
access
fishery
2012
900
n/a
832
n/a
3,675
1,974
3,349
n/a
393
n/a
2,375
n/a
2,325
n/a
875
n/a
n/a
n/a
197,000
175,921
21,079
93,432
87,925
53,797
n/a
n/a
8,460,480
7,555,209
905,271
3,945,330
3,713,385
2,428,244
n/a
n/a
830,000
741,190
88,810
331,608
312,115
348,285
n/a
n/a
2,520,000
2,250,360
269,640
565,966
532,660
1,053,394
1 Section 679.21(e)(3)(i)(A)(2) allocates 326 mt of the trawl halibut mortality limit and § 679.21(e)(4)(i)(A) allocates 7.5 percent, or 67 mt, of the
non-trawl halibut mortality limit as the PSQ reserve for use by the groundfish CDQ program. The PSQ reserve for crab species is 10.7 percent of
each crab PSC limit.
2 Refer to § 679.2 for definitions of zones.
TABLE 7b—PROPOSED 2011 AND 2012 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
Yellowfin sole ...............................................................................................................................................
Rock sole/flathead sole/other flatfish 1 ........................................................................................................
Greenland turbot/arrowtooth/sablefish 2 ......................................................................................................
Rockfish .......................................................................................................................................................
Pacific cod ...................................................................................................................................................
Midwater trawl pollock .................................................................................................................................
Pollock/Atka mackerel/other species 3 4 ......................................................................................................
Red king crab savings subarea non-pelagic trawl gear 5 ............................................................................
169
29
14
10
29
1,508
214
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
49,250
Total trawl PSC ....................................................................................................................................
1,974
197,000
1 ‘‘Other flatfish’’ for purposes of PSC accounting and monitoring includes all flatfish species, except for halibut (a prohibited species),
arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
2 ‘‘Arrowtooth flounder’’ for purposes of PSC accounting and monitoring includes Kamchatka flounder.
3 Pollock other than pelagic trawl pollock, Atka mackerel, and ‘‘other species’’ fishery category.
4 ‘‘Other species’’ for purposes of PSC accounting and monitoring includes sculpins, sharks, skates, and octopus.
5 In October 2009 the Council recommended that the red king crab bycatch limit for non-pelagic trawl fisheries within the RKCSS be limited to
25 percent of the red king crab PSC allowance (see § 679.21(e)(3)(ii)(B)(2)).
TABLE 7c—PROPOSED 2011 AND 2012 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL LIMITED
ACCESS SECTOR AND NON-TRAWL FISHERIES
Prohibited species and area 1
BSAI trawl limited access fisheries
Halibut mortality (mt)
BSAI
Red king
crab
(animals)
Zone 1
C. opilio
(animals)
COBLZ
C. bairdi (animals)
Zone 1
Zone 2
167
47,397
2,288,208
293,234
1,005,879
Rock sole/flathead sole/other flatfish 2 .....................................
0
0
0
0
0
Turbot/arrowtooth/sablefish 3 ...................................................
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Yellowfin sole ...........................................................................
0
0
0
0
0
Rockfish April 15–December 31 ..............................................
5
0
3,890
0
848
Pacific cod ...............................................................................
453
6,000
97,247
50,816
42,424
Pollock/Atka mackerel/other species 4 .....................................
250
400
38,899
4,235
4,242
Total BSAI trawl limited access PSC ...............................
875
53,797
2,428,244
348,285
1,053,394
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Non-trawl fisheries
Catcher
processor
Pacific cod-Total ...................................................
January 1–June 10 ...............................................
June 10–August 15 ..............................................
August 15–December 31 .....................................
Catcher
vessel
760
380
190
190
Other non-trawl-Total ...........................................
May 1–December 31 .....................................
Groundfish pot and jig ..........................................
Sablefish hook-and-line ........................................
Total non-trawl PSC ......................................
15
10
3
2
58
58
Exempt
Exempt
833
1 Refer
to § 679.2 for definitions of areas.
flatfish’’ for purposes of PSC accounting and monitoring all flatfish species, except for halibut (a prohibited species), arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
3 ‘‘Arrowtooth flounder’’ for purposes of PSC accounting and monitoring includes Kamchatka flounder.
4 ‘‘Other species’’ for purposes of PSC accounting and monitoring includes sculpins, sharks, skates, and octopus.
2 ‘‘Other
TABLE 7d—PROPOSED 2011 PROHIBITED SPECIES BYCATCH ALLOWANCE FOR THE BSAI AMENDMENT 80 COOPERATIVES
Prohibited species and zones1
Halibut
mortality (mt)
BSAI
Cooperatives
Amendment 80—Alaska Seafood Cooperative ...................
Amendment 80—Alaska Groundfish Cooperative ...............
1 Refer
Red king crab
(animals)
Zone 1
1,643
732
63,637
29,804
C. opilio
(animals)
COBLZ
C. bairdi (animals)
Zone 1
2,547,203
1,398,127
233,442
98,167
Zone 2
390,500
175,465
to § 679.2 for definitions of zones.
Halibut Discard Mortality Rates (DMRs)
To monitor halibut bycatch mortality
allowances and apportionments, the
Regional Administrator will use
observed halibut bycatch rates, DMRs,
and estimates of groundfish catch to
project when a fishery’s halibut bycatch
mortality allowance or seasonal
apportionment is reached. The DMRs
are based on the best information
available, including information
contained in the annual SAFE report.
NMFS approves the halibut DMRs
developed and recommended by the
IPHC and the Council for the 2011 and
2012 BSAI groundfish fisheries for use
in monitoring the 2011 and 2012 halibut
bycatch allowances (see Tables 7a–7c).
The IPHC developed these DMRs for the
2010 to 2012 BSAI fisheries using the
10-year mean 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. The document
justifying these DMRs is available in
Appendix 2 in the final 2009 SAFE
report dated November 2009 (see
ADDRESSES). Table 8 lists the 2011 and
2012 DMRs.
TABLE 8—PROPOSED 2011 AND 2012 ASSUMED PACIFIC HALIBUT DISCARD MORTALITY RATES FOR THE BSAI
Halibut discard mortality
rate (percent)
Gear
Fishery
Non-CDQ hook-and-line .....................................................
Greenland turbot ................................................................
Other species .....................................................................
Pacific cod ..........................................................................
Rockfish ..............................................................................
Arrowtooth flounder ............................................................
Atka mackerel .....................................................................
Flathead sole ......................................................................
Greenland turbot ................................................................
Non-pelagic pollock ............................................................
Pelagic pollock ...................................................................
Other flatfish .......................................................................
Other species .....................................................................
Pacific cod ..........................................................................
Rockfish ..............................................................................
Rock sole ............................................................................
Sablefish .............................................................................
Yellowfin sole .....................................................................
Other species .....................................................................
Pacific cod ..........................................................................
Atka mackerel .....................................................................
Flathead sole ......................................................................
Non-pelagic pollock ............................................................
Pelagic pollock ...................................................................
Rockfish ..............................................................................
Rock sole ............................................................................
Yellowfin sole .....................................................................
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Non-CDQ trawl ...................................................................
Non-CDQ pot ......................................................................
CDQ trawl ...........................................................................
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11
10
10
9
76
76
74
67
73
89
72
71
71
81
82
75
81
8
8
85
88
84
85
90
90
84
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TABLE 8—PROPOSED 2011 AND 2012 ASSUMED PACIFIC HALIBUT DISCARD MORTALITY RATES FOR THE BSAI—
Continued
Halibut discard mortality
rate (percent)
Gear
Fishery
CDQ hook-and-line .............................................................
Greenland turbot ................................................................
Pacific cod ..........................................................................
Pacific cod ..........................................................................
Sablefish .............................................................................
CDQ pot ..............................................................................
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 (Pub. L. 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
Fisheries Management Plan 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 2011 and 2012 harvest
specifications this would effectively
close directed fishing for BSAI Pacific
cod in July for catcher vessels under the
Rockfish Program sideboard limitations.
The Rockfish Program will expire in
December 2011, although the Council
has proposed a new program to
supersede the existing Rockfish Program
by 2012. NMFS is developing a
proposed rule to implement the
Council’s revised program and
anticipates that it will be published in
the Federal Register for public review
and comment early in 2011. The revised
program, if approved by the Secretary,
may affect the harvest specifications for
2012.
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
87
85
4
10
groundfish fisheries from adverse effects
resulting from the AFA and from fishery
cooperatives in the directed pollock
fishery. Table 9 lists the proposed 2011
and 2012 catcher/processor sideboard
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
2011 and 2012 sideboard limits for the
listed AFA catcher/processors.
TABLE 9—PROPOSED 2011 AND 2012 BSAI GROUNDFISH SIDEBOARD LIMITS FOR LISTED AMERICAN FISHERIES ACT
CATCHER/PROCESSORS (C/PS)
[Amounts are in metric tons]
1995–1997
Target species
Area
Retained catch
Sablefish trawl ....................
Atka mackerel .....................
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Yellowfin sole 4 ....................
Rock sole ............................
Greenland turbot .................
Arrowtooth flounder 5 ..........
Kamchatka flounder 5 ..........
Flathead sole ......................
Alaska plaice .......................
Other flatfish .......................
Pacific ocean perch ............
Northern rockfish ................
Shortraker rockfish ..............
VerDate Mar<15>2010
BS .......................................
AI ........................................
Central AI
A season 2 ...................
HLA limit ...............
B season 2 ...................
HLA limit 3 .............
Western AI
A season 2 ...................
HLA limit ...............
B season 2 ...................
HLA limit 3 .............
BSAI ....................................
BSAI ....................................
BS .......................................
AI ........................................
BSAI ....................................
BSAI ....................................
BSAI ....................................
BSAI ....................................
BSAI ....................................
BS .......................................
Eastern AI ...........................
Central AI ............................
Western AI ..........................
BSAI ....................................
BSAI ....................................
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Total catch
Ratio of
retained catch
of total catch
2011 and
2012 ITAC
available to all
trawl C/Ps 1
2011 and
2012 AFA C/P
sideboard limit
8
0
497
145
0.016
0
1,063
434
17
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
11,609
6,965
11,609
6,965
1,335
801
1,335
801
n/a
n/a
n/a
n/a
100,192
6,317
121
23
76
76
1,925
14
3,058
12
125
3
54
91
50
n/a
n/a
n/a
n/a
435,788
169,362
17,305
4,987
33,987
33,987
52,755
9,438
52,298
4,879
6,179
5,698
13,598
13,040
2,811
0.2
n/a
0.2
n/a
0.23
0.037
0.007
0.005
0.002
0.002
0.036
0.001
0.058
0.002
0.02
0.001
0.004
0.007
0.018
8,081
4,849
8,081
4,849
190,209
80,370
3,145
1,420
51,000
15,045
53,580
34,000
14,705
3,222
3,733
3,777
5,787
6,197
329
1,616
970
1,616
970
43,748
2,974
22
7
102
30
1,929
34
853
6
75
4
23
43
6
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TABLE 9—PROPOSED 2011 AND 2012 BSAI GROUNDFISH SIDEBOARD LIMITS FOR LISTED AMERICAN FISHERIES ACT
CATCHER/PROCESSORS (C/PS)—Continued
[Amounts are in metric tons]
1995–1997
Target species
Area
Retained catch
Rougheye rockfish 6 ............
Other rockfish .....................
Squid ...................................
Sharks 7 ...............................
Skates 7 ...............................
Sculpins 7 ............................
Octopus 7 ............................
BS .......................................
AI ........................................
BS .......................................
AI ........................................
BSAI ....................................
BSAI ....................................
BSAI ....................................
BSAI ....................................
BSAI ....................................
Total catch
50
50
18
22
73
553
553
553
553
Ratio of retained catch of
total catch
2011 and
2012 ITAC
available to all
trawl C/Ps 1
2011 and
2012 AFA C/P
sideboard limit
0.018
0.018
0.029
0.027
0.022
0.008
0.008
0.008
0.008
416
36
412
472
1,675
382
25,500
25,530
198
7
1
12
13
37
3
204
204
2
2,811
2,811
621
806
3,328
68,672
68,672
68,672
68,672
1 Aleutians Islands Pacific ocean perch, and BSAI 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).
2 The seasonal apportionment of Atka mackerel in the open access fishery is 50 percent in the A season and 50 percent in the B season. Listed AFA catcher/processors are limited to harvesting no more than zero in the Eastern Aleutian District and Bering Sea subarea, 20 percent of
the annual ITAC specified for the Western Aleutian District, and 11.5 percent of the annual ITAC specified for the Central Aleutian District.
3 Harvest Limit Area (HLA) limit refers to the amount of each seasonal allowance that is available for fishing inside the HLA (see § 679.2). In
2010 and 2011, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts.
These HLA limits are subject to change under ongoing Section 7 Consultation addressing impacts of the groundfish fisheries on endangered
Steller sea lions.
4 Section 679.64(a)(1)(v) exempts AFA catcher/processors from a yellowfin sole sideboard limit because the 2011 and 2012 aggregate ITAC of
yellowfin sole assigned to the Amendment 80 sector and BSAI trawl limited access sector (190,209 mt) is greater than 125,000 mt.
5 Prior to 2011, Kamchatka flounder was managed as a component of the arrowtooth flounder complex.
6 Prior to 2011, rougheye rockfish was managed as a single BSAI management area.
7 Prior to 2011, sharks, skates, sculpins, and octopus were managed as the ‘‘other species’’ complex.
Section 679.64(a)(2) and Tables 40
and 41 to part 679 establish a formula
for calculating PSC sideboard limits for
listed AFA catcher/processors. The
basis for these sideboard limits is
described in detail in the final rules
implementing the major provisions of
the AFA (67 FR 79692, December 30,
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 2011 and 2012 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
2011 or 2012 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 2011 AND 2012 BSAI PROHIBITED SPECIES SIDEBOARD LIMITS FOR AMERICAN FISHERIES ACT
LISTED CATCHER/PROCESSORS
Ratio of PSC to
total PSC
PSC species and area
Halibut mortality BSAI ..............................................................................................
Red king crab Zone 1 2 ............................................................................................
C. opilio (COBLZ) 2 ..................................................................................................
C. bairdi ...................................................................................................................
Zone 1 2 ............................................................................................................
Zone 2 2 ............................................................................................................
Proposed 2011
and 2012 PSC
available to trawl
vessels after subtraction of PSQ 1
n/a
0.007
0.153
n/a
0.14
0.05
n/a
175,921
7,555,209
n/a
875,140
2,652,210
Proposed 2011
and 2012 C/P
sideboard limit 1
286
1,231
1,155,947
n/a
122,520
132,611
1 Halibut
jlentini on DSKJ8SOYB1PROD with PROPOSALS
2 Refer
amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
to § 679.2 for definitions of areas.
AFA Catcher Vessel Sideboard Limits
Pursuant to § 679.64(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
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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
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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 2011
and 2012 AFA catcher vessel sideboard
limits.
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All catch of groundfish sideboard
species made by non-exempt AFA
catcher vessels, whether as targeted
catch or as incidental catch, will be
76389
deducted from the proposed 2011 and
2012 sideboard limits listed in Table 11.
TABLE 11—PROPOSED 2011 AND 2012 BSAI GROUNDFISH SIDEBOARD LIMITS FOR AMERICAN FISHERIES ACT CATCHER
VESSELS (CVS)
[Amounts are in metric tons]
Fishery by area/gear/season
Pacific cod ................................................
BSAI.
Jig gear .....................................................
Hook-and-line CV .....................................
Jan 1–Jun 10 .....................................
Jun 10–Dec 31 ..................................
Pot gear CV ..............................................
Jan 1–Jun 10 .....................................
Sept 1–Dec 31 ..................................
CV < 60 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 .............................................
Eastern AI/BS
Jan 1–Apr 15 .....................................
Sept 1–Nov 1 ....................................
Central AI
Jan–Apr 15 ........................................
HLA limit .....................................
Sept 1–Nov 1 ....................................
HLA limit .....................................
Western AI
Jan–Apr 15 ........................................
HLA limit .....................................
Sept 1–Nov 1 ....................................
HLA limit .....................................
BSAI ..........................................................
BSAI ..........................................................
BS .............................................................
AI ..............................................................
BSAI ..........................................................
BSAI ..........................................................
BS trawl gear ............................................
BSAI ..........................................................
BSAI ..........................................................
BS .............................................................
Eastern AI .................................................
Central AI ..................................................
Western AI ................................................
BSAI ..........................................................
BSAI ..........................................................
BS .............................................................
AI ..............................................................
BS .............................................................
AI ..............................................................
BSAI ..........................................................
BSAI ..........................................................
BSAI ..........................................................
BSAI ..........................................................
BSAI ..........................................................
Sablefish ...................................................
Atka mackerel 2 .........................................
Yellowfin sole 3 .........................................
Rock sole ..................................................
Greenland turbot .......................................
Arrowtooth flounder 3 ................................
Kamchatka flounder 4 ...............................
Flathead sole ............................................
Alaska plaice ............................................
Other flatfish .............................................
Pacific ocean perch ..................................
Northern rockfish ......................................
Shortraker rockfish ...................................
Rougheye rockfish 5 ..................................
Other rockfish ...........................................
jlentini on DSKJ8SOYB1PROD with PROPOSALS
Squid .........................................................
Sharks 6 ....................................................
Skates 6 .....................................................
Sculpins 6 ..................................................
Octopus 6 ..................................................
2011–2012 initial
TAC1
2011 and 2012
AFA catcher vessel sideboard
limits
0
............................
0.0006
0.0006
2,413
0
188
181
0
0
0.0006
0.0006
0.0006
7,906
7,596
3,691
5
5
2
0.8609
0.8609
0.8609
0.0906
0.0645
30,315
4,506
6,145
1,063
434
26,098
3,879
5,290
96
28
0.0032
0.0032
9,332
9,332
30
30
0.0001
0.0001
0.0001
0.0001
11,609
6,965
11,609
6,965
1
1
1
1
0
n/a
0
n/a
0.0647
0.0341
0.0645
0.0205
0.069
0.069
0.0505
0.0441
0.0441
0.1
0.0077
0.0025
0
0.0084
0.0037
0.0037
0.0037
0.0048
0.0095
0.3827
0.0541
0.0541
0.0541
0.0541
8,081
4,849
8,081
4,849
190,209
80,370
3,145
1,420
51,000
15,044
53,580
34,000
14,705
3,222
3,733
3,777
5,787
6,197
329
36
416
412
472
1,675
382
25,500
25,530
198
0
0
0
0
n/a
2,741
203
29
3,519
1,038
2,706
1,499
648
322
29
9
0
52
1
0
2
2
4
641
21
1,380
1,381
11
Ratio of 1995–
1997 AFA CV
catch to 1995–
1997 TAC
Species
1 Aleutian 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).
2 Harvest specifications for Atka mackerel in the Aleutian Islands subarea are subject to change under ongoing Section 7 Consultation addressing impacts of the groundfish fisheries on endangered Steller sea lions.
3 Section 679.64(b)(6) exempts AFA catcher vessels from a yellowfin sole sideboard limit because the 2011 and 2012 aggregate ITAC of yellowfin sole assigned to the Amendment 80 sector and BSAI trawl limited access sector is greater than 125,000 mt.
4 Before 2011, arrowtooth flounder and Kamchatka flounder were managed as a single complex.
5 Before 2011, rougheye rockfish was managed in a single BSAI area.
6 Before 2011, sharks, skates, sculpins, and octopus were managed in the ‘‘other species’’ complex.
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Halibut and crab PSC limits listed in
Table 12 that are caught by AFA catcher
vessels participating in any groundfish
fishery other than pollock will accrue
against the proposed 2011 and 2012 PSC
sideboard limits for the AFA catcher
vessels. Sections 679.21(d)(8) and
Bering Sea subarea 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).
679.21(e)(3)(v) authorize NMFS to close
directed fishing for groundfish other
than pollock for AFA catcher vessels
once a proposed 2011 and 2012 PSC
sideboard limit listed in Table 12 is
reached. The PSC by AFA catcher
vessels while fishing for pollock in the
TABLE 12—PROPOSED 2011 AND 2012 AMERICAN FISHERIES ACT CATCHER VESSEL PROHIBITED SPECIES CATCH
SIDEBOARD LIMITS FOR THE BSAI 1
AFA catcher vessel
PSC sideboard limit
ratio
PSC species
Target fishery category 2
Halibut ...................................................
Pacific cod trawl ...................................
Pacific cod hook-and-line or pot ...........
Yellowfin sole total ................................
Rock sole/flathead sole/other flatfish 3
Greenland turbot/arrowtooth/sablefish
Rockfish ................................................
Pollock/Atka mackerel/other species 4
n/a .........................................................
n/a .........................................................
n/a .........................................................
n/a .........................................................
Red king crab Zone 1 ...........................
C. opilio COBLZ 5 .................................
C. bairdi Zone 15 ..................................
C. bairdi Zone 2 5 ..................................
Proposed 2011
and 2012 PSC
limit after subtraction of PSQ
reserves 2
n/a
n/a
n/a
n/a
n/a
n/a
n/a
0.299
0.168
0.33
0.186
n/a
n/a
n/a
n/a
n/a
n/a
n/a
175,921
7,555,209
875,140
2,652,210
Proposed 2011
and 2012 AFA
catcher vessel
PSC sideboard
limit 2
887
2
101
228
0
2
5
52,600
1,269,275
288,796
493,311
1 Halibut
amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
fishery categories are defined in regulation at § 679.21(e)(3)(iv).
flatfish’’ for purposes of PSC accounting and monitoring includes all flatfish species, except for halibut (a prohibited species),
arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
4 ‘‘Other species’’ for purposes of PSC accounting and monitoring includes sculpins, sharks, skates, and octopus.
5 Refer to § 679.2 for definitions of areas.
2 Target
3 ‘‘Other
jlentini on DSKJ8SOYB1PROD 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 because it
contains no implementing regulations.
NMFS prepared an 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 for the EIS. Copies
of the EIS and Record of Decision for
this action are available from NMFS (see
ADDRESSES). The EIS analyzes the
environmental consequences of the
proposed groundfish harvest
specifications and alternative harvest
strategies on resources in the action
area. The EIS found no significant
negative 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
evaluates the impacts on small entities
of alternative harvest strategies for the
groundfish fisheries in the exclusive
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economic zone off Alaska. The IRFA
analyzed the methodology for
establishing the relevant TACs. As set
forth in the methodology, TACs are set
to a level that fall within the range of
ABCs recommended by the Science and
Statistical Committee (SSC); the sum of
the TACs must achieve optimum yield
specified in the FMP. While the specific
numbers that the methodology may
produce vary from year to year, the
methodology itself remains constant.
Accordingly, NMFS is using the IRFA
prepared for the EIS in association with
this action. Pursuant to sections 3.2.3
and 3.2.4 of the FMP, the established
methodology produces ABCs and TACs
within specified ranges and the
numbers in this proposed rule’s
preferred alternative are within those
ranges. NMFS published 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). A description of the
action, why it is being considered, and
the legal basis for this action are
contained in the preamble above. This
IRFA meets the statutory requirements
of the Regulatory Flexibility Act of
1980, as amended by the Small Business
Regulatory Enforcement Fairness Act of
1996 (5 U.S.C. 601–612). A copy of this
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Sfmt 4702
analysis is available from NMFS (see
A summary of the IRFA
follows.
The action under consideration is a
harvest strategy to govern the catch of
groundfish in the BSAI. The preferred
alternative is the existing harvest
strategy in which TACs fall within the
range of ABCs recommended by the
SSC. 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 204 small
catcher vessels, fewer than 11 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 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 2008 were the most
recent available to determine the
number of small entities.
Estimates of first wholesale gross
revenues for the BSAI non-CDQ and
ADDRESSES).
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jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Proposed Rules
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
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
equal to the lower limit of the BSAI
optimum yield range. Alternative 5, the
‘‘no action’’ alternative, would have set
TACs equal to zero.
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, which may be higher than
Alternative 2 TACs, 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.
NMFS also prepared a supplemental
IRFA (SIRFA) to more specifically
evaluate the proposed specification of
separate OFLs and TACs for sharks,
octopus, skates, and sculpins in the
BSAI, consistent with the previously
selected harvest strategy, the Tier
system in the FMP, Amendment 95 and
96 to the FMP, the Magnuson-Stevens
Act, and other applicable law (See
ADDRESSES). Amendment 95 and 96 to
the FMP were approved by NMFS on
September 22, 2010.
NMFS does not anticipate that the
specification of TACs for sculpins or
skates will have any additional
economic impacts on small entities
beyond those impacts analyzed in the
existing harvest specification IRFA
because the proposed OFLs and ABCs
are relatively large compared to recent
historical catches.
In contrast, the proposed OFLs and
TACs for sharks and octopus could
potentially result in some vessels
choosing to shift the timing or location
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of their fishing activity in an effort to
avoid high rates of incidental catch in
an effort to avert the imposition of
inseason management measures by
NMFS to avoid overfishing. The impact
of efforts undertaken by the fleet to
avoid reaching the TAC and the
potential closures that may follow are
difficult to predict and would depend
on the timing and location of incidental
catches and the specific steps taken by
the fleet to reduce the rate of incidental
catch. Generally, however, the impact
on these operations may be some
combination of increased costs and/or
decreased gross revenues as further
described below.
The 2009 Economic SAFE (see
ADDRESSES) identifies 215 small
groundfish entities operating in the
BSAI in 2008, with estimated average
2008 gross revenues from all sources of
about $1.53 million. Most of these (204
of them) are catcher vessels, with
estimated average gross revenues of
$1.49 million. About half of the catchervessels (103) are trawlers, with average
gross revenues of about $1.71 million,
46 are hook-and-line vessels, with
average gross revenues of about
$580,000, and 62 are pot vessels, with
average gross revenues of about $1.70
million. The SAFE estimates that there
were 11 small catcher-processors, a
majority (7) of which were hook-andline vessels, with average gross revenues
of about $2.65 million. The SAFE may
overstate the number of small entities,
because it considers individual vessel
gross revenues, but does not capture
affiliations among vessels. All of these
small entities would be directly
regulated by the proposed action. As
described below, however, certain small
entities may be more likely than others
to be adversely affected by the proposed
action as a result of potential impacts
associated with the incidental catch of
sharks, octopus or skates in other target
fisheries.
Sharks are incidentally caught in two
fisheries primarily. Over half of the
incidental catch (58 percent) occurs in
the pelagic trawl fishery for pollock and
another 28 percent occurs in the hookand-line fishery for Pacific cod. Smaller
amounts of sharks are taken in other
trawl and non trawl gear fisheries. Any
adverse impacts would be incurred by
both large and small fishing entities in
the BSAI. The key fleets impacted by
the shark breakout are the pollock
trawlers and the hook-and-line vessels
fishing for Pacific cod. All of the pollock
trawlers are believed to be large entities,
either because the vessels themselves
gross more than $4 million or because
they are members of American Fisheries
Act cooperatives, the affiliated members
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76391
of which, when taken in aggregate, gross
far in excess of the threshold. The BSAI
hook-and-line vessels targeting Pacific
cod are predominately large vessels.
Two are believed to be small.
Most of the octopus catch (59 percent)
occurs in the pot gear fishery for Pacific
cod. The pot gear fishery targeting
octopus, and the hook-and-line fishery
for Pacific cod each took another 11
percent. Non-pelagic trawlers targeting
Pacific cod took another nine percent.
Most of the remainder of the catch was
made by non-pelagic trawlers targeting
one of several species. Although
directed fishing for octopus is closed in
Federal waters, directed fishing has
occurred in State waters in the BSAI.
Any adverse impacts would be incurred
by both large and small fishing entities
in the BSAI. The SAFE estimates of the
numbers of small entities operating in
the BSAI in 2008 were described in the
section on BSAI sharks, above. Pot
vessels targeting Pacific cod take a large
proportion of the octopus catch. Most of
the vessels in this fleet segment (which
has an estimated 63 vessels) are small.
Restrictions on this fleet may adversely
impact 55 small vessels, with average
gross revenues of about $1.78 million.
The hook-and-line fishery for Pacific
cod, which was discussed under sharks,
takes a smaller proportion of octopus;
two entities may be small. The pot
fishery targeting octopus may include
any of the 62 small pot vessels
identified from the SAFE report. The
non-pelagic trawl fishery for Pacific cod
has 13 small entities with average gross
revenues of about $810,000.
NMFS considered several alternatives
to the proposed action of specifying
separate OFLs and TACS for BSAI
sculpins, sharks, octopus and skate
species complexes. However, each of
these alternatives has been eliminated
from further consideration because it
either does not accomplish the stated
objectives of, or is in conflict with the
requirements of, applicable statutes.
Specifically, any alternative that did not
create seperate OFLs and TACs for
sculpins, sharks, octopus, and skates is
inconsistent with the Magnuson-Stevens
Act.
The proposed action is intended to
fulfill the agency’s mandate to establish
catch limits that are based on the best
available scientific information, and
which will achieve optimum yield
while preventing overfishing. The
proposed action is the alternative that is
both consistent with the agency’s
obligations under the MagnusonStevens Fishery Conservation and
Management Act and the FMP and
minimizes the likelihood that the
specification of TACs and OFLs for the
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jlentini on DSKJ8SOYB1PROD with PROPOSALS
sculpins, sharks, octopus and skate
species complexes will adversely affect
small entities.
NMFS considered dividing the TACs
for each of the species complexes among
different regulatory areas in the BSAI.
Any such further division of the TACs
would not change the total TACs for
each species complex in the BSAI as a
whole. However, the incidental catch of
fishing vessels that operate within each
of the regulatory areas would be
counted against a reduced TAC and
OFL, which would increase the
likelihood that the TAC or OFL would
be reached and that one or more area
closures may be triggered.
NMFS considered excusing small
entities from compliance with the TACs
for each of the species complexes
evaluated in this SIRFA. However, the
Magnuson-Stevens Act requires NMFS
to implement conservation and
management measures that prevent
overfishing. Authorizing unlimited
incidental catch of these species
complexes by small entities would
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present an unacceptable risk of
overfishing, and would not be
consistent with the agency’s obligations
under Magnuson-Stevens Act, nor with
the requirements of the Council’s FMP.
In order to minimize the economic
impacts of the proposed action, NMFS
considered allocating relatively large
portions of the TACs for each of the
species complexes to potentially
affected small entities. However, any
such allocation, which would be
motivated solely by economic
considerations under the RFA, would
not be consistent with National
Standard 5, which states that ‘‘no
[conservation and management
measure] shall have economic allocation
as its sole purpose.’’ 16 U.S.C.
1851(a)(5).
Finally, NMFS considered
establishing a single group TAC for all
four of the species complexes in the
BSAI, which would substantially reduce
the likelihood that incidental catch
would reach or exceed the TAC or OFL
and result in area closures of target
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fisheries. However, the establishment of
a stock complex comprised of species
with such disparate life histories would
not be consistent with the statutory
requirement to establish catch limits
that prevent overfishing for stocks in the
fishery, nor with the Council’s intent in
enacting Amendments 95 and 96.
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., 1801 et
seq., 3631 et seq.; Public Law 108–447.
Dated: December 2, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. 2010–30692 Filed 12–7–10; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\08DEP1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Proposed Rules]
[Pages 76372-76392]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30692]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No.: 101126521-0521-02]
RIN 0648-XZ90
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands; Proposed 2011 and 2012 Harvest Specifications for
Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes 2011 and 2012 harvest specifications and
prohibited species catch (PSC) allowances for the groundfish fisheries
of the Bering Sea and Aleutian Islands (BSAI) management area. This
action is necessary to establish harvest limits for groundfish during
the 2011 and 2012 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 7, 2011.
ADDRESSES: Send comment to Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
Attn: Ellen Sebastian. You may submit comments, identified by RIN 0648-
XZ90, by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the
[[Page 76373]]
Federal eRulemaking Portal 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. No comments
will be posted to https://www.regulations.gov for public viewing until
after the comment period has closed. Comments will generally be posted
without change. All Personal Identifying Information (for example,
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). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only.
Electronic copies of the Alaska Groundfish Harvest Specifications
Final Environmental Impact Statement (Final EIS), the Initial
Regulatory Flexibility Analysis (IRFA), and the Supplemental IRFA
prepared for this action may be obtained from https://www.regulations.gov or from the Alaska Region Web site at https://alaskafisheries.noaa.gov. Copies of the final 2009 Stock Assessment and
Fishery Evaluation (SAFE) report for the groundfish resources of the
Bering Sea and Aleutian Islands, dated November 2009, are available
from the North Pacific Fishery Management Council (Council) at 605 West
4th Avenue, Suite 306, Anchorage, AK 99510-2252, phone 907-271-2809, or
from the Council's Web site at https://alaskafisheries.noaa.gov/npfmc.
The 2010 SAFE report for the BSAI will be available from the same
sources in mid-November 2010.
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 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,
prohibited species quota (PSQ) reserves established by Sec. 679.21,
seasonal allowances of pollock, Pacific cod, and Atka mackerel TAC,
American Fisheries Act allocations, 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 2011 and 2012 after (1) considering comments
received within the comment period (see DATES), (2) consulting with the
Council at its December 2010 meeting, and (3) considering new
information presented in the final 2010 SAFE reports prepared for the
2011 and 2012 groundfish fisheries.
Other Actions Potentially Affecting the 2011 and 2012 Harvest
Specifications
NMFS published a final rule to implement Amendments 95 and 96 to
the FMP on October 6, 2010 (75 FR 61639), effective November 5, 2010.
Amendments 95 and 96 move sculpins, skates, sharks, and octopuses from
the ``other species'' category to the ``target species'' category in
the BSAI and eliminate the ``other species'' category in the FMP.
Amendment 96 revises the FMP to meet the National Standard 1 guidelines
for annual catch limits and accountability measures, and requires that
overfishing levels (OFLs), acceptable biological catches (ABCs), and
TACs be established for sculpins, skates, sharks, and octopuses as part
of the annual groundfish harvest specifications process. Based on the
2009 SAFE report NMFS proposes ABCs, TACs, and OFLs for sculpins,
skates, sharks, and octopuses listed in Table 1. At the November 2010
BSAI Groundfish Plan Team (Plan Team) meeting, the Plan Team
recommended that the SSC and Council adopt OFLs for octopuses and
sharks based upon the maximum catch from 1997 through 2007. This
alternative method of calculating OFLs varies from the default method
specified in the BSAI FMP for Tier 6 species (section 3.2.4). If
approved, the alternative method of calculating OFL may result in
higher harvest specification limits for sharks and octopuses.
Amendment 96 to the FMP is necessary to comply with Magnuson-
Stevens Act requirements associated with annual catch limits and
accountability measures, and revises how total annual groundfish
mortality is estimated and accounted for in the annual SAFE reports.
These revisions affect the OFLs and ABCs for certain groundfish
species. Specifically, NMFS will attempt to identify additional sources
of mortality to groundfish stocks not currently reported or considered
by the groundfish stock assessments in recommending OFLs, ABCs, and
TACs for certain groundfish species. These additional sources of
mortality result from recreational fishing, subsistence fishing, trawl
and hook-and-line surveys, exempted fishing permits, research,
commercial halibut fisheries, crab bait, sablefish catch predation by
whales or other sources of mortality not yet identified. Many of the
sources of this mortality have been identified, some of which are
currently unreported.
NMFS intends to develop a single database that stock assessment
authors can access through a single source such as the Alaska Fisheries
Information Network. The development of this database will require the
cooperation of several agencies, including NMFS, the Alaska Department
of Fish and Game, and the International Pacific Halibut Commission
(IPHC). At its October 2010 meeting, the Council's groundfish Plan
Teams recommended the formation of a total catch accounting working
group to assist NMFS in developing a methodology to estimate total
catch of groundfish. While much of the information is currently
available and will be incorporated into the final 2010 SAFE reports,
the development of an adequate methodology is ongoing and not fully
ready for use in the final SAFE reports. NMFS intends to have the
information available for the assessment cycle in the fall of 2011.
At the October 2010 meeting, the Council and the Scientific and
Statistical Committee (SSC) recommended separating Kamchatka flounder
from the arrowtooth flounder complex starting in the year 2011. As a
result, arrowtooth flounder and Kamchatka flounder will have separate
OFLs, ABCs, and TACs for 2011 and 2012. Section 305(i)(1)(1)(B)(ii)(II)
of the MSA addresses allocations to the CDQ Program. It requires ``the
allocation under the program in any directed fishery of the Bering Sea
and Aleutian
[[Page 76374]]
Islands (other than a fishery for halibut, sablefish, pollock and crab)
established after the date of enactment of this subclause shall be a
total allocation (directed and nontarget combined) of 10.7 percent.''
This requirement was added to the MSA through the Coast Guard and
Maritime Transportation Act of 2006 (Public Law 109-241), which was
signed by the President on July 11, 2006. Therefore, the creation of a
new TAC category for Kamchatka flounder in 2011 would require NMFS to
determine if an allocation of 10.7 percent of the Kamchatka flounder
TAC should be made to the CDQ Program. NMFS requests public comment on
the following proposal to allocate 10.7 percent of the Kamchatka
flounder TAC to the CDQ Program.
In the final 2007 and 2008 harvest specifications for groundfish of
the BSAI (72 FR 9451, March 2, 2007), NMFS explained the determination
that the term ``directed fishery'' for purposes of section 305(i)(1) of
the MSA means a fishery for which sufficient TAC exists to open a
directed fishery for that species or species group, and the species or
species group is economically valuable enough for the CDQ groups to
target them. For Kamchatka flounder sufficient TAC exists to open a
directed fishery for this species, the species is economically
valuable, directed fishing for Kamchatka flounder has been conducted in
the past, vessel harvesting groundfish on behalf of the CDQ groups have
retained catch reported under the combined species code for arrowtooth
flounder and Kamchatka flounder, observers onboard these vessels have
reported the retention of Kamchatka flounder, and NMFS expects that
vessel operators in the non-CDQ fisheries will conduct directed fishing
for Kamchatka flounder in the future. NMFS does not have sufficient
information at this time to determine if Kamchatka flounder is
economically valuable enough to the CDQ groups for them to target on
them or conduct directed fisheries for them in the future. Therefore,
based on the information available at this time, NMFS initially
proposes that Kamchatka flounder may meet the definition for a
``directed fishery'' under section 305(i)(1) and proposes to allocate
10.7 percent of the Kamchatka flounder TAC to the CDQ Program.
NMFS requests comment about the economic value of Kamchatka
flounder and whether the CDQ groups intend to conduct directed fishing
for Kamchatka flounder in the future. For the final 2011 and 2012
groundfish harvest specifications for the BSAI NMFS will consider
additional information provided about the proposed allocation of
Kamchatka flounder to the CDQ Program. Specifically, if NMFS receives
information that none of the CDQ groups intend to conduct directed
fishing for Kamchatka flounder, then NMFS would not allocate 10.7
percent of the Kamchatka flounder TAC to the CDQ Program. However, if
any one of the six CDQ groups intends to conduct directed fishing for
Kamchatka flounder, or if NMFS does not receive information that
demonstrates unanimity among the CDQ groups about the economic value of
Kamchatka flounder to the CDQ groups, NMFS would allocate 10.7 percent
of the TAC to the CDQ Program.
If an allocation of Kamchatka flounder is made to the CDQ Program
in the final 2011 and 2012 groundfish harvest specifications for the
BSAI, this CDQ reserve will be allocated among the CDQ groups using the
same percentage allocations currently used to allocate the arrowtooth
flounder complex among the CDQ groups. These percentage allocations are
shown in Table 1 of a notice published in the Federal Register on
August 31, 2006 (71 FR 51804). The current percentage allocations of
arrowtooth flounder among the CDQ groups would be used to allocate
Kamchatka flounder among the CDQ groups because the new TAC category is
being created by splitting Kamchatka flounder from the arrowtooth
flounder complex.
The SSC and the Council also recommended splitting the BSAI
rougheye/blackspotted rockfish complex ABC and TAC between the Bering
Sea subarea and the Aleutian Island subarea. At the November 2010
meeting, the Plan Team recommended splitting the BSAI rougheye/
blackspotted rockfish complex ABC and TAC into two areas, with the
first area being the Central Aleutian Islands and Western Aleutian
Islands subareas and the second area being the Eastern Aleutian Island
and Bering Sea subareas. The Council could choose either or none of
these proposals at its December 2010 meeting.
NMFS published a final rule to implement Amendment 91 to the FMP on
August 30, 2010 (75 FR 53026), effective September 29, 2010. Amendment
91 is a change in management of Chinook salmon bycatch in the Bering
Sea pollock fishery that combines a limit on the amount of Chinook
salmon that may be caught incidentally with incentive plan agreements
and performance standards. The final rule also removes from regulations
the 29,000 Chinook salmon PSC limit in the Bering Sea, the Chinook
Salmon Savings Areas in the Bering Sea, exemption from Chinook Salmon
Savings Area closures for participants in the voluntary rolling hotspot
system (VRHS) intercooperative agreement, and Chinook salmon as a
component of the VRHS intercooperative agreement. The final rule does
not change any regulations affecting the management of Chinook salmon
in the Aleutian Islands or non-Chinook salmon in the BSAI. The Council
is currently considering a separate action to modify the non-Chinook
salmon management measures to minimize non-Chinook salmon bycatch.
In 2010, NMFS completed a Section 7 formal consultation on the
effects of the authorization of the Alaska groundfish fisheries on
Endangered Species Act listed species under NMFS jurisdiction. The
consultation resulted in a biological opinion that determined that the
effects of the Alaska groundfish fisheries were likely to result in the
jeopardy of extinction and adverse modification of designated critical
habitat for the western distinct population segment of Steller sea
lions. The biological opinion contained a reasonable and prudent
alternative that requires changes to the BSAI Atka mackerel and
Aleutian Islands subarea Pacific cod fisheries to prevent the
likelihood of jeopardy of extinction or adverse modification of
critical habitat for Steller sea lions. A separate rulemaking for
implementation of the reasonable and prudent alternative is scheduled
to be effective by January 1, 2011. Changes to the harvest
specifications for Atka mackerel and Pacific cod that would be required
by the rule implementing the reasonable and prudent alternative are
described in the section for each of these target species and will
revise these proposed harvest specifications for Atka mackerel and
Pacific cod listed in Tables 1, 3, 4, 9, and 11.
Proposed ABC and TAC Harvest Specifications
The amounts proposed for the 2011 and 2012 harvest specifications
are based on the 2009 SAFE report and are subject to change in the
final harvest specifications to be published by NMFS following the
Council's December 2010 meeting. At that meeting the Council will
consider information contained in the final 2010 SAFE report,
recommendations from the Plan Team meeting, the December 2010
Scientific and Statistical Committee (SSC), the Advisory Panel (AP)
meetings, and public testimony in making its recommendations for the
final 2011 and 2012 harvest specifications.
At the October 2010 Council meeting, the Council, the Scientific
and Statistical Committee (SSC), and the Advisory Panel (AP) reviewed
most
[[Page 76375]]
recent biological and harvest information about the condition of
groundfish stocks in the BSAI. This information was initially compiled
by the Plan Team and presented in the final 2009 SAFE report for the
BSAI groundfish fisheries, dated November 2009 (see ADDRESSES). In
November 2010, the Plan Team updated the 2009 SAFE report to include
new information collected during 2010, such as revised stock
assessments and catch data. The Plan Team compiled this information and
produced the 2010 SAFE report. The Council will review the 2010 SAFE
report during the December 2010 Council meeting. At that meeting, the
Council will consider information contained in the 2010 SAFE report,
recommendations made by the Plan Team during its November 2010 meeting,
the December 2010 SSC and AP meetings, public testimony, and relevant
written public comments in making its recommendations for the final
2011 and 2012 harvest specifications.
In previous years the largest changes from the proposed to the
final harvest specifications have been based on the most recent NMFS
surveys, which provide updated estimates of stock biomass and spatial
distribution, and changes to the models used in the stock assessments.
Any new models were presented at the September Plan Team meeting and
reviewed by the SSC at the October 2010 Council meeting. In November
2010, the Plan Team will consider updated stock assessments for
pollock, Pacific cod, yellowfin sole, rock sole, Kamchatka flounder,
sharks, squid, sculpins, and octopus to be included in the final 2010
SAFE report. For the other groundfish stocks, the assessments will be
updated to include the most recent information, such as 2010 catch. The
final harvest specification amounts for these stocks are not expected
to vary greatly from the proposed specification amounts published here.
If the final 2010 SAFE report indicates that the stock biomass
trend is increasing for a species, then the final 2011 and 2012 harvest
specifications may reflect that increase from the proposed harvest
specifications. This currently is applicable to the following species:
pollock, Pacific cod, sablefish, Atka mackerel, yellowfin sole,
flathead sole, Pacific ocean perch, northern rockfish, shortraker
rockfish, other rockfish, octopus, sculpins, and skates. Conversely, if
the final 2010 SAFE report indicates that the stock biomass trend is
decreasing for a species, then the final 2011 and 2012 harvest
specifications may reflect a decrease from the proposed harvest
specifications. This is applicable to the following species: arrowtooth
flounder, Greenland turbot, rock sole, Alaska plaice, other flatfish,
and rougheye rockfish. The biomass trends for sharks and squid are
relatively level and stable. For Alaska plaice, natural mortality has
been re-estimated and this will likely result in a far smaller OFL and
ABC.
The proposed ABCs and TACs are based on the best available
biological and socioeconomic data, including projected biomass trends,
information on assumed distribution of stock biomass, and revised
methods used to calculate stock biomass. The FMP specifies the
formulas, or tiers, to be used to compute OFLs and ABCs. The formulas
applicable to a particular stock or stock complex are determined by the
level of reliable information available to fisheries scientists. This
information is categorized into a successive series of six tiers to
define OFL and ABC amounts, with tier one representing the highest
level of information quality available and tier six representing the
lowest level of information quality available.
In October 2010, the SSC adopted the proposed 2011 and 2012 OFLs
and ABCs recommended by the Plan Team for all groundfish species. The
Council adopted the SSC's OFL and ABC recommendations and the AP's TAC
recommendations. These amounts are unchanged from the final 2011
harvest specifications published in the Federal Register on March 12,
2010 (75 FR 11778). The exceptions to this are the establishment of
individual ABC and TAC amounts for sculpins, sharks, squid, and
octopuses per the Secretary's approval of Amendments 95 and 96 to the
FMP and separating Kamchatka flounder from the arrowtooth flounder
complex, as previously described. For 2011 and 2012, the Council
recommended and NMFS proposes the OFLs, ABCs, and TACs listed in Table
1. The proposed ABCs reflect harvest amounts that are less than the
specified overfishing amounts. The sum of the proposed 2011 and 2012
ABCs for all assessed groundfish is 2,467,266 mt, which is higher than
the final 2010 ABC total of 2,121,880 mt (75 FR 11778, March 12, 2010).
Specification and Apportionment of TAC Amounts
The Council recommended proposed TACs for 2011 and 2012 that are
equal to proposed ABCs for sablefish, Atka mackerel, yellowfin sole,
Greenland turbot, Kamchatka flounder, ``other flatfish,'' Pacific ocean
perch, northern rockfish, shortraker rockfish, rougheye rockfish, other
rockfish, squid, sharks, skates, sculpins, and octopus. The Council
recommended proposed TACs for 2011 and 2012 that are less than the
proposed ABCs for pollock, Pacific cod, rock sole, arrowtooth flounder,
flathead sole, and Alaska plaice.
The proposed Bering Sea pollock TAC was reduced from the ABC to
accommodate fishing under a potential Exempted Fisheries Permit (EFP).
The Council likely will reconsider this reduction at its December 2010
meeting, given uncertainty of the deployment of the EFP and the fact
that any pollock mortality that occurs under an approved EFP would be
considered in the subsequent year's stock assessment as contemplated
under Amendment 96 to the FMP.
Section 679.20(a)(5)(iii)(B)(1) requires the Aleutian Islands
pollock TAC to be set at 19,000 mt when the Aleutian Islands pollock
ABC equals or exceeds 19,000 mt. The Bogoslof pollock TAC is set to
accommodate incidental catch amounts. The Pacific cod TAC is set to
accommodate the State of Alaska's (State) Aleutian Islands Pacific cod
guideline harvest level fishery so that the ABC is not exceeded. The
Alaska plaice, arrowtooth flounder, flathead sole, rock sole, and
sculpin TACs are set so that the sum of the overall TAC does not exceed
the BSAI optimum yield.
The proposed groundfish OFLs, ABCs and TACs are subject to change
pending the completion of the 2010 SAFE report and the Council's
recommendations for final 2011 and 2012 harvest specifications during
its December 2010 meeting. These amounts are consistent with the
biological condition of groundfish stocks as described in the 2009 SAFE
report, and adjusted for other biological and socioeconomic
considerations. Table 1 lists the proposed 2011 and 2012 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.
[[Page 76376]]
Table 1--Proposed 2011 and 2012 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 2011 and 2012
Species Area -------------------------------------------------------------------------------
OFL ABC TAC ITAC \2\ CDQ 3 4 5
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock................................................. 2011 BS 1,220,000 1,110,000 1,107,000 996,300 110,700
2012 BS 1,220,000 1,110,000 1,105,000 994,500 110,500
AI 39,100 32,200 19,000 17,100 1,900
Bogoslof 22,000 156 75 10 ..............
Pacific cod \4\......................................... BSAI 251,000 214,000 207,580 185,369 22,211
Sablefish \5\........................................... BS 2,970 2,500 2,500 1,063 94
AI 2,200 1,860 1,860 434 38
Atka mackerel........................................... BSAI 76,200 65,000 65,000 58,045 6,955
EAI/BS .............. 20,900 20,900 18,664 2,236
CAI .............. 26,000 26,000 23,218 2,782
WAI .............. 18,100 18,100 16,163 1,937
Yellowfin sole.......................................... BSAI 227,000 213,000 213,000 190,209 22,791
Rock sole \6\........................................... BSAI 245,000 242,000 90,000 80,370 9,630
Greenland turbot........................................ BSAI 6,860 5,370 5,370 4,565 n/a
BS .............. 3,700 3,700 3,145 396
AI .............. 1,670 1,670 1,420 ..............
Arrowtooth flounder..................................... BSAI 167,400 139,300 60,000 51,000 6,420
Kamchatka flounder...................................... BSAI 23,600 17,700 17,700 15,045 1,894
Flathead sole \7\....................................... BSAI 81,800 68,100 60,000 53,580 6,420
Other flatfish \8\...................................... BSAI 23,000 17,300 17,300 14,705 ..............
Alaska plaice........................................... BSAI 314,000 248,000 40,000 34,000 ..............
Pacific ocean perch..................................... BSAI 22,200 18,680 18,680 16,518 n/a
BS .............. 3,790 3,790 3,222 ..............
EAI .............. 4,180 4,180 3,733 447
CAI .............. 4,230 4,230 3,777 453
WAI .............. 6,480 6,480 5,787 693
Northern rockfish....................................... BSAI 8,700 7,290 7,290 6,197 ..............
Shortraker rockfish..................................... BSAI 516 387 387 329 ..............
Rougheye rockfish \9\................................... BSAI 650 531 531 451 ..............
BS .............. 42 42 36 ..............
AI .............. 489 489 416 ..............
Other rockfish \10\..................................... BSAI 1,380 1,040 1,040 884 ..............
BS .............. 485 485 412 ..............
AI .............. 555 555 472 ..............
Squid................................................... BSAI 2,620 1,970 1,970 1,675 ..............
Sharks.................................................. BSAI 598 449 449 382 ..............
Skates.................................................. BSAI 35,900 30,000 30,000 25,500 ..............
Sculpins................................................ BSAI 51,300 30,200 30,035 25,530 ..............
Octopus................................................. BSAI 311 233 233 198 ..............
-------------------------------------------------------------------------------
2011 Total.......................................... .............. 2,826,305 2,467,266 1,997,000 1,779,457 189,148
-------------------------------------------------------------------------------
2012 Total.......................................... .............. 2,826,305 2,467,266 1,995,000 1,779,457 189,148
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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 (4 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 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'', squids, octopuses, skates, sculpins, and sharks are not allocated to the CDQ program.
\6\ ``Rock sole'' includes Lepidopsetta polyxystra (Northern rock sole) and Lepidopsetta bilineata (Southern rock sole).
\7\ ``Flathead sole'' includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
\8\ ``Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), arrowtooth flounder, flathead sole, Greenland turbot,
Kamchatka flounder, rock sole, and yellowfin sole.
\9\ ``Rougheye rockfish'' includes Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted).
\10\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, northern, shortraker, and rougheye rockfish.
[[Page 76377]]
Groundfish 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 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, Kamchatka flounder, 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 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. Sections 679.30 and 679.31 set forth regulations
governing the management of the CDQ reserves.
Pursuant to Sec. 679.20(a)(5)(i)(A)(1), NMFS proposes a pollock
ICA of 4 percent of the Bering Sea subarea pollock TAC after
subtraction of the 10 percent CDQ reserve. This allowance is based on
NMFS' examination of the pollock incidental catch, including the
incidental catch by CDQ vessels, in target fisheries other than pollock
from 1999 through 2010. During this 12-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 12-year average of 3.3 percent. Pursuant to
Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS proposes a pollock ICA
of 1,600 mt for the AI subarea after subtraction of the 10 percent CDQ
DFA. This allowance is based on NMFS' examination of the pollock
incidental catch, including the incidental catch by CDQ vessels, in
target fisheries other than pollock from 2003 through 2010. During this
8-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 an 8-year average
of 7 percent.
Pursuant to Sec. 679.20(a)(8) and (10), NMFS proposes ICAs of
5,000 mt of flathead sole, 10,000 mt of rock sole, 2,000 mt of
yellowfin sole, 10 mt of Western Aleutian District Pacific ocean perch,
75 mt of Central Aleutian District Pacific ocean perch, 100 mt of
Eastern Aleutian District Pacific ocean perch, 40 mt for Western
Aleutian District Atka mackerel, 75 mt for Central Aleutian District
Atka mackerel, and 75 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' examination of the average
incidental catch in other target fisheries from recent years.
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, 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 4 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 to June 10) and 60 percent of the DFA is allocated to the B
season (June 10 to November 1) (Sec. 679.20(a)(5)(i)(B)). 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 (Sec.
679.20(a)(5)(iii)(B)(2)(ii)). 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 2011
and 2012 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. Tables 2a and
2b list the proposed 2011 and 2012 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 2011 have not been submitted
to NMFS, thereby preventing NMFS from calculating 2011 allocations,
NMFS has not included inshore cooperative text and tables in these
proposed harvest specifications. NMFS will post 2011 AFA inshore
cooperative allocations on the Alaska Region Web site at https://alaskafisheries.noaa.gov when they become available in December 2010.
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
(Sec. 679.20(a)(5)(i)(C)). 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. Tables 2a
and 2b list these proposed 2011 and 2012 amounts by sector.
[[Page 76378]]
Table 2a--Proposed 2011 Allocations of Pollock Tacs to the Directed Pollock Fisheries and to the CDQ Directed
Fishing Allowances (DFA) \1\
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2011 A season 2011 B season
2011 -------------------------------- \1\
Area and sector Allocations SCA harvest ---------------
A season DFA limit \2\ B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC.......................... 1,107,000 N/A N/A N/A
CDQ DFA......................................... 110,700 44,280 30,996 66,420
ICA \1\......................................... 39,852 N/A N/A N/A
AFA Inshore..................................... 478,224 191,290 133,903 286,934
AFA Catcher/Processors \3\...................... 382,579 153,032 107,122 229,548
Catch by C/Ps............................... 350,060 140,024 N/A 210,036
Catch by C/Vs \3\........................... 32,519 13,008 N/A 19,512
Unlisted C/P Limit \4\.................. 1,913 765 N/A 1,148
AFA Motherships................................. 95,645 38,258 26,781 57,387
Excessive Harvesting Limit \5\.................. 167,378 N/A N/A N/A
Excessive Processing Limit \6\.................. 286,934 N/A N/A N/A
Total Bering Sea DFA (non-CDQ).................. 956,448 382,579 267,805 573,869
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 10,600 N/A 4,900
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 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/processor 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 2011 and 2012 harvest specifications for the BSAI. The amounts specified are for incidental catch only
and are not apportioned by season or sector.
Table 2b--Proposed 2012 Allocations of Pollock TACS to the Directed Pollock Fisheries and to the CDQ Directed
Fishing Allowances (DFA) \1\
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2012 A season 2012 B
2012 -------------------------------- season\1\
Area and sector Allocations SCA harvest ---------------
A season DFA limit \2\ B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC.......................... 1,105,000 N/A N/A N/A
CDQ DFA......................................... 110,500 44,200 30,940 66,300
ICA \1\......................................... 39,780 N/A N/A N/A
AFA Inshore..................................... 477,360 190,944 133,661 286,416
AFA Catcher/Processors\3\....................... 381,888 152,755 106,929 229,133
Catch by C/Ps............................... 349,428 139,771 N/A 209,657
Catch by C/Vs\3\............................ 32,460 12,984 N/A 19,476
Unlisted C/P Limit \4\.................. 1,909 764 N/A 1,146
AFA Motherships................................. 95,472 38,189 26,732 57,283
Excessive Harvesting Limit \5\.................. 167,076 N/A N/A N/A
Excessive Processing Limit \6\.................. 286,416 N/A N/A N/A
---------------------------------------------------------------
Total Bering Sea DFA (non-CDQ)...... 954,720 381,888 267,322 572,832
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 10,600 N/A 4,900
[[Page 76379]]
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), the annual AI pollock TAC, after
subtracting first for the CDQ DFA (10 percent) and second the ICA (1,600 mt), is allocated to the Aleut
Corporation for a directed pollock fishery. In the AI subarea, the A season is allocated 40 percent of the ABC
and the B season is allocated the remainder of the directed pollock fishery.
\2\ In the Bering Sea subarea, no more than 28 percent of each sector's annual DFA may be taken from the SCA
before April 1. The remaining 12 percent of the annual DFA allocated to the A season may be taken outside of
the SCA before April 1 or inside the SCA after April 1. If 28 percent of the annual DFA is not taken inside
the SCA before April 1, the remainder is available to be taken inside the SCA after April 1.
\3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/
processors (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 2011 and 2012 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
The proposed harvest specifications for Atka mackerel reflect the
current regulatory provisions for temporal and spatial distribution of
Atka mackerel harvest in the BSAI. However, as mentioned above, these
provisions are subject to change by separate rulemaking prior to
January 1, 2011, based on the reasonable and prudent alternative
selected in the 2010 Alaska groundfish fisheries biological opinion.
Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs to the
Amendment 80 and BSAI trawl limited access sectors, after subtraction
of the CDQ reserves, jig gear allocation, and ICAs for the BSAI trawl
limited access sector and non-trawl gear. Table 3 lists these proposed
2011 and 2012 amounts.
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 in Sec. 679.91. Two Amendment 80 cooperatives have formed
for the 2011 fishing year. Because all Amendment 80 vessels are part of
a cooperative, no allocation to the Amendment 80 limited access sector
is required. NMFS will post 2011 Amendment 80 cooperative allocations
on the Alaska Region Web site at https://alaskafisheries.noaa.gov prior
to the start of the fishing year on January 1, 2011, based on the
harvest specifications effective on that date.
The 2012 allocations for Amendment 80 species between Amendment 80
cooperatives and the Amendment 80 limited access sector will not be
known until November 1, 2011, which is the deadline for eligible
participants to apply for participation in the Amendment 80 program.
Amendment 80 applications for 2012 have not yet been submitted to NMFS,
thereby preventing NMFS from calculating 2012 allocations. Thus, NMFS
has not included 2012 allocations to the Amendment 80 cooperatives or
Amendment 80 limited access sector in these proposed harvest
specifications. NMFS will post 2012 Amendment 80 cooperatives and
Amendment 80 limited access allocations on the Alaska Region Web site
at https://alaskafisheries.noaa.gov when they become available in
December 2012.
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 2011 and 2012. This percentage is applied after
subtractions of the CDQ reserve and the ICA.
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)(B)(1)). 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
[[Page 76380]]
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.
Table 3--Proposed 2011 and 2012 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]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2011 allocation by area 2012 allocation by area
-----------------------------------------------------------------------------------------------
Eastern Eastern
Sector \1\ Season 2 3 4 Aleutian Central Western Aleutian Central Western
District/ Aleutian Aleutian District/ Aleutian Aleutian
Bering Sea District District Bering Sea District District
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC.............................. n/a.................. 20,900 26,000 18,100 20,900 26,000 18,100
CDQ reserve...................... Total................ 2,236 2,782 1,937 2,236 2,782 1,937
HLA \5\.............. n/a 1,669 1,162 n/a 1,669 1,162
ICA.............................. Total................ 75 75 40 75 75 40
Jig\6\........................... Total................ 93 0 0 93 0 0
BSAI trawl limited access........ Total................ 1,480 1,851 0 1,850 2,314 0
A.................... 740 926 0 925 1,157 0
HLA.................. n/a 555 0 n/a 694 0
B.................... 740 926 0 925 1,157 0
HLA.................. n/a 555 0 n/a 694 0
Amendment 80--Alaska Seafood Total................ 7,988 8,478 6,182 n/a n/a n/a
Cooperative.
A.................... 3,994 4,239 3,091 n/a n/a n/a
HLA.................. n/a 2,544 1,855 n/a n/a n/a
B.................... 3,994 4,239 3,091 n/a n/a n/a
HLA.................. n/a 2,544 1,855 n/a n/a n/a
Amendment 80--Alaska Groundfish Total................ 9,028 12,813 9,941 n/a n/a n/a
Cooperative.
A.................... 4,514 6,407 4,971 n/a n/a n/a
HLA.................. n/a 3,844 2,982 n/a n/a n/a
B.................... 4,514 6,407 4,971 n/a n/a n/a
HLA.................. n/a 3,844 2,982 n/a n/a n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ 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 in Sec. 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec.
Sec. 679.20(b)(1)(ii)(C) and 679.31).
\2\ Regulations at Sec. Sec. 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery.
\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. These allowances are subject to
change under ongoing Section 7 Consultation addressing impacts of the groundfish fisheries on endangered Steller sea lions.
\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
2010 and 2011, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts. These HLA
limits are subject to change under ongoing Section 7 Consultation addressing impacts of the groundfish fisheries on endangered Steller sea lions.
\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
The proposed harvest specifications for Pacific cod reflect the
current regulatory provisions for temporal and spatial distribution of
Pacific cod harvest in the Aleutian Islands subarea. However, as
mentioned above, these provisions are subject to changes by separate
rulemaking prior to January 1, 2011, based on the reasonable and
prudent alternative selected in the 2010 Alaska groundfish fisheries
biological opinion.
Sections 679.20(a)(7)(i) and (ii) allocates the Pacific cod TAC in
the BSAI, after subtraction of 10.7 percent for the CDQ program, 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/processo
