Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod Allocations in the Gulf of Alaska; Amendment 83, 44700-44728 [2011-18317]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 76, Number 143 (Tuesday, July 26, 2011)]
[Proposed Rules]
[Pages 44700-44728]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18317]



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Vol. 76

Tuesday,

No. 143

July 26, 2011

Part III





Department of Commerce





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National Oceanic and Atmospheric Administration





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50 CFR Parts 679 and 680





Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
Allocations in the Gulf of Alaska; Amendment 83; Proposed Rule

Federal Register / Vol. 76 , No. 143 / Tuesday, July 26, 2011 / 
Proposed Rules

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 679 and 680

[Docket No. 100107012-1352-02]
RIN 0648-AY53


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
Allocations in the Gulf of Alaska; Amendment 83

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 a rule to implement Amendment 83 to the Fishery 
Management Plan for Groundfish of the Gulf of Alaska (GOA). If 
approved, Amendment 83 would allocate the Western and Central GOA 
Pacific cod total allowable catch (TAC) limits among various gear and 
operational sectors. Sector allocations would limit the amount of 
Western and Central GOA Pacific cod that each sector is authorized to 
harvest. This action would reduce competition among sectors and support 
stability in the Pacific cod fishery. This rule would also limit access 
to the Federal Pacific cod TAC fisheries prosecuted in State waters, 
commonly known as the parallel fishery, adjacent to the Western and 
Central GOA. This action is intended to promote community participation 
and provide incentives for new entrants in the jig sector. It also 
promotes the goals and objectives of the Magnuson-Stevens Fishery 
Conservation and Management Act, the Fishery Management Plan, and other 
applicable laws.

DATES: Written comments must be received no later than 5 p.m. Alaska 
local time (A.l.t.) September 9, 2011.

ADDRESSES: Send comments to Glenn Merrill, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
Attn: Ellen Sebastian. You may submit comments, identified by ``RIN 
0648-AY53'', by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal at https://www.regulations.gov.
     Fax: 907-586-7557, Attn: Ellen Sebastian.
     Mail: P.O. Box 21668, Juneau, AK 99802.
     Hand delivery to the Federal Building: 709 West 9th 
Street, Room 420A, Juneau, AK.
    Instructions: All comments received are a part of the public record 
and will generally be posted to https://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) 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 Environmental Assessment/
Regulatory Impact Review/Initial Regulatory Flexibility Analysis (EA/
RIR/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.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted to NMFS at the above address, e-mailed 
to OIRA_Submission@omb.eop.gov, or faxed to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Seanbob Kelly, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the 
U.S. exclusive economic zone (EEZ) of the Gulf of Alaska (GOA) under 
the Fishery Management Plan for Groundfish of the GOA (FMP). The North 
Pacific Fishery Management Council (Council) prepared, and NMFS 
approved, the FMP under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (MSA), 16 U.S.C. 1801 et seq. 
Regulations governing U.S. fisheries and implementing the FMP appear at 
50 CFR parts 600 and 679.
    The Council has submitted Amendment 83 for review by the Secretary 
of Commerce (Secretary), and a notice of availability of the FMP 
amendment was published in the Federal Register (76 FR 37763) on June 
28, 2011, with written comments on the FMP amendment invited through 
August 29, 2011. Comments may address the FMP amendment, the proposed 
rule, or both, but must be received by NMFS, not just postmarked or 
otherwise transmitted, by 5 p.m. Alaska local time (A.l.t.) on 
September 9, 2011, to be considered in the approval/disapproval 
decision on the FMP amendment. All comments received by that time, 
whether specifically directed to the amendment or the proposed rule, 
will be considered in the decision to approve, partially approve, or 
disapprove the proposed amendment. Comments received after the comment 
period for the amendment will not be considered in that decision.

Table of Contents

I. GOA Pacific Fishery
    A. Background
    B. Current Apportionments in the GOA Pacific Cod TAC Fisheries
    C. Current Harvest in the GOA Pacific Cod Fisheries
II. Current Management of the GOA Pacific Cod Fisheries
    A. GOA Federal Fisheries
    1. Federal Fisheries Permit (FFP)
    2. License Limitation Program (LLP)
    3. Federal Processor Permit (FPP)
    B. GOA Parallel Fisheries
    C. GOA State Waters Fisheries
III. Need for Action
    A. Rationale for Amendment 83
    B. Problem Statement
    C. Amendment 83 History
IV. Description of the Proposed Action
    A. Affected GOA Regulatory Areas
    B. Sector Designations by Area
    C. Qualifying Catch History
V. Allocation of Total Allowable Catch (TAC)
    A. Allocations to the Jig Sector
    1. Example of TAC Allocations to the Jig Sector
    B. Seasonal Sector Allocations by Area to Non-Jig Sector 
Participants
    1. Example of Allocations to Fishery Participants
    C. Reallocation of Unharvested Pacific Cod Among Sectors
VI. Prohibited Species Catch (PSC) Allocations
    A. General Description
    1. Example of PSC Calculations
VII. Pacific Cod Sideboard Limits in the GOA
VIII. Community Protection Measures
    A. Proposed Community Protection Provisions
    B. Description of Community Quota Entity (CQE) Communities
    C. Definition of Stationary Floating Processors
IX. License Requirements
    A. Participants in the Parallel Fisheries
    B. Western and Central GOA Catcher Vessel Endorsements
X. Monitoring and Enforcement
XI. Summary of Regulatory Changes
XII. Classification

I. GOA Pacific Fishery

A. Background

    Pacific cod (Gadus macrocephalus) is a valuable fish resource in 
the GOA and is second to walleye pollock (Theragra chalcogramma) as the 
dominant species of the commercial groundfish catch in the GOA. As one 
of the most valuable

[[Page 44701]]

fish species in the GOA, Pacific cod is the primary species targeted by 
vessels using pot and hook-and-line gear and is an important species 
for vessels using the trawl gear. Smaller amounts of Pacific cod are 
taken by vessels using jig gear.
    Section 301(a)(1) of the MSA, also known as National Standard 1, 
states that conservation and management measures shall prevent 
overfishing while achieving, on a continuing basis, the optimum yield 
from each fishery for the U.S. fishing industry. Each year, the Council 
recommends harvest specifications to the Secretary. These 
specifications establish an overfishing level, acceptable biological 
catch (ABC), and total allowable catch (TAC) for Pacific cod among the 
Western, Central, and Eastern GOA regulatory areas. The GOA Pacific cod 
ABC is apportioned between fisheries managed exclusively by the State 
of Alaska (State) and fisheries managed by NMFS. The State manages a 
parallel Pacific cod fishery and a Guideline Harvest Level (GHL) 
fishery in the State waters adjacent to the GOA regulatory areas. 
(State-managed Pacific cod fisheries are explained in more detail in 
section II of this preamble.)
    The State establishes a GHL for Pacific cod based on a percentage 
of the ABC for Pacific cod, and this GHL is available for harvest 
exclusively within State waters. The State GHL Pacific cod fisheries 
are divided into five separate areas (see Figure 1). The combined State 
GHL fisheries for Pacific cod are not allowed to harvest more than 25 
percent of the combined Western, Central, and Eastern GOA Pacific cod 
ABCs (76 FR 11111, March 1, 2011).

Figure 1. Map of State GHL Pacific cod management areas (South Alaska 
Peninsula, Chignik, Kodiak, Cook Inlet, and Prince William Sound) and 
Federal regulatory areas (Western, Central, and Eastern) in the GOA.
[GRAPHIC] [TIFF OMITTED] TP26JY11.002

    After accounting for the State GHL fisheries, the remaining ABC in 
the Central and Western GOA is managed under a Federal TAC limit. The 
Council recommends each TAC so that total harvests under the State GHL 
and Federal TAC fisheries are slightly below the ABC to ensure that the 
ABC is not exceeded, as displayed below in Table 1. The Council 
recommends TACs for the Western, Central, and Eastern GOA Pacific cod 
fisheries with the goal of providing a conservatively managed 
sustainable yield in each of these three regulatory areas. In each 
Federal regulatory area, the State GHL portion of the ABC is applicable 
only to the harvest of Pacific cod in the State waters fisheries, while 
the TAC applies to both the Federal fisheries prosecuted in the EEZ and 
State-managed parallel fisheries for GOA Pacific cod.

 Table 1--The Portion of the 2011 ABC That NMFS Allocated to the Pacific Cod Fisheries and Processor Components
        by GOA Regulatory Area. NMFS Does Not Further Allocate Pacific COD GHL to State Management Areas.
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                                                                           For processing by   For processing by
         Regulatory area               State GHL         TAC fisheries        the inshore        the offshore
                                       fisheries                               component           component
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Western GOA.....................              8.75%              26.25%              23.63%               2.62%
Central GOA.....................             15.50               46.50               41.85                4.65
Eastern GOA.....................              0.75                2.25                2.03                0.22
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    While the directed fisheries for Pacific cod in Federal waters (3 
nm to 200 nm) are open, directed fisheries for Pacific cod in State 
waters (0 to 3 nm) are open concurrently. These fisheries in State 
waters, referred to as the parallel fisheries, are prosecuted under 
virtually the same rules as the Federal fisheries, with catch accrued 
against the Federal TAC. State GHL fisheries are typically open when 
Federal/parallel fisheries are closed and are prosecuted in State 
waters. Each fishery is described in more detail in section II of this 
preamble.

B. Current Apportionments in the GOA Pacific Cod TAC Fisheries

    Historically, the majority of the GOA Pacific cod TAC has been 
apportioned to the Central GOA regulatory area, with smaller 
apportionments made to the Western--and even less to the Eastern--
regulatory areas. For example, in the 2011 fishing year the Council 
recommended that 62 percent of the GOA TAC be allocated to the Central 
GOA (40,362 mt), 35 percent to the Western GOA (23,785 mt), and 3 
percent to the Eastern GOA (1,953 mt) (76 FR 11111, March 1, 2011). In 
the Western and Central GOA regulatory areas, 60 percent of the annual 
TAC is apportioned to the A season for hook-and-line, pot, and jig gear 
from January 1 through June 10, and for trawl gear from January 20 
through June 10; and forty percent of the annual TAC is apportioned to 
the B season for hook-and-line, pot, and jig gear from September 1 
through December 31, and for trawl gear from September 1 through 
November 1 (Sec. Sec.  679.20(a)(12) and 679.23(d)(3)). The Eastern GOA 
has no seasonal apportionments.
    All directed fishing allowance and incidental catch of Pacific cod 
that may occur in other groundfish fisheries that accrues before June 
10 are managed such that total harvest in the A season is no more than 
60 percent of the annual TAC. This management methodology began in 2001 
to meet the intent of the Steller sea lion protection measures (66 FR 
7276, January 22, 2001) by temporally dispersing the Pacific cod 
removals, thereby reducing the likelihood of harvest in the A season 
exceeding 60 percent of the annual TAC. The GOA Pacific cod A season 
directed fishery must close by June 10, but NMFS usually closes the 
season much earlier, when the directed fishing allowance has been 
harvested. Managers attempt to time the A season closure to leave a 
sufficient portion of the A season TAC for incidental catch of Pacific 
cod in other directed fisheries. Any A season overage or incidental 
catch between the end of the A season (June 10) and the beginning of 
the B season (September 1) counts towards the B season TAC. The B 
season ends on November 1 for trawl vessels and on December 31 for non-
trawl gear vessels, unless the directed fishing allowance is reached 
earlier, or specific limits on the amount of Pacific halibut mortality 
are reached.
    The Pacific halibut annual mortality limit is commonly known as the 
halibut prohibited species catch (PSC) limit. The halibut PSC limit 
ensures that the groundfish fisheries do not exceed a maximum amount of 
halibut mortality in specific groundfish fisheries, including Pacific 
cod in the GOA.
    In the GOA Federal regulatory areas, all incidentally caught 
Pacific cod must be retained during the directed Pacific cod season. 
When the directed fishing for Pacific cod is closed, incidentally 
caught Pacific cod in Federal waters (3 nm to 200 nm off Alaska), can 
only be retained up to a maximum retainable amount (MRA) established at 
20 percent (Sec.  679.20(e)(1)). The MRA limits the amount of catch for 
species not open for directed fishing that may be retained to a 
percentage of those species open for directed fishing. Vessels fishing 
in the halibut and sablefish individual fishing quota (IFQ) fisheries 
are required to retain Pacific cod up to the MRA (see Sec.  
679.27(c)(2)), unless NMFS has prohibited the retention of this species 
(see Sec.  679.7(f)(8)(i)(B)).
    Pacific cod in the GOA is further apportioned on the basis of 
processor component (inshore and offshore) and season, as specified at 
Sec.  679.20(d)(1). Under Amendment 23 to the GOA FMP (57 FR 23321, 
June 3, 1992), 90 percent of the Western, Central, and Eastern TAC is 
allocated to vessels catching Pacific cod for processing by the inshore 
component and 10 percent to vessels catching Pacific cod for processing 
by the offshore component. The inshore component is composed of three 
types of processors: (1) Shoreside plants, (2) stationary floating 
processors (SFP), and (3) vessels with catcher/processor (C/P) 
endorsements less than 125 ft (45.7 m) in length overall (LOA) that 
process less than 126 mt (round weight) per week of inshore pollock and 
Pacific cod, combined. The owners and operators of SFPs and C/Ps less 
than 125 feet, including mothership vessels less than 125 ft (45.7 m) 
LOA with C/P endorsements, can elect to participate in the inshore 
component of the fishery on an annual basis. Similarly, C/P's and 
motherships less than 125 ft (45.7 m) LOA may choose to participate in 
the offshore component.
    Motherships are vessels that receive and process catch from other 
vessels. Motherships may be vessels that only process catch received 
from other vessels, or they may also operate as C/Ps. The offshore 
component includes all vessels that process groundfish harvested in the 
GOA and that are not included in the inshore component. For example, 
all motherships, including those less than 125 ft (45.7 m) LOA, not 
endorsed as a C/P are ineligible for an inshore processing endorsement 
on their Federal fishing permit and are, by default, part of the 
offshore component.

C. Current Harvest in the GOA Pacific Cod Fishery

    During some recent years, the annual GOA Pacific cod TACs allocated 
to the offshore sector have not been fully harvested. Inshore TACs 
typically have been fully harvested in the Central GOA. Harvests in the 
Western GOA have increased in recent years from only 68 percent of the 
inshore TACs harvested in 2006, to 99 percent and 101 percent of the 
inshore TAC harvested in 2009 and 2010, respectively. Similarly, the 
Eastern GOA regulatory area experienced recent increases in harvest of 
Pacific cod from 13 percent of the TAC in 2008 to 50 percent of the TAC 
in 2010. Beginning in 2004, a substantial proportion of the offshore 
TACs in each regulatory area has not been harvested. Inseason 
management has opened the offshore TACs concurrently with the inshore 
TACs, but has closed the offshore TACs when the Bering Sea and Aleutian 
Islands Management Area (BSAI) Pacific cod A season fisheries ended to 
prevent overharvest of the A season TAC by the BSAI C/P fleet. In 2003, 
the Western GOA offshore A season was open to the BSAI C/P fleet, and 
the Western GOA offshore A season TAC was overharvested (220 percent). 
As a result, the 2003 Western GOA offshore B season was not opened.
    The following summary of Pacific cod harvests in the GOA, by 
sector, combines harvest data from State and Federal waters. Vessels 
using trawl gear harvested the largest share of the catch in every year 
from 1991 through 2002, except in 2000. Trawl landings of Pacific cod 
peaked in 1990 and 1991, at nearly 60,000 mt per year, and declined to 
less than 20,000 mt in recent years. Since 1990, hook-and-line harvests 
have fluctuated between 6,000 mt and 15,000 mt per year. Vessels using 
pot gear began to make significant landings in the early 1990s. Pot and 
jig landings have increased substantially since 1997 when the State 
implemented a Pacific cod GHL fishery, which generally

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allows the use of only pot and jig gear. In each year since 2003, 
vessels using pot gear harvested the largest single-gear share of the 
catch. Most of the Pacific cod harvested by jig vessels from 1995 
through 2000 occurred prior to June 10 (93 percent to 94 percent); 
however, these portions declined to 25 percent in the Western GOA and 
69 percent in the Central GOA during recent years.
    Total harvests of Pacific cod by all sectors peaked in 1999 at 
nearly 82,000 mt, and were as low as 48,000 mt in 2005 and 2006. Total 
Federal catch as a percentage of the Federal TAC has increased in 
recent years; however, the portion harvested generally declined in the 
years following the implementation of regulations to protect Steller 
sea lions in 2001.

II. Current Management of the GOA Pacific Cod Fisheries

A. GOA Federal Fisheries

    To meet the management objectives for GOA Pacific cod fisheries and 
the harvest targets set during the harvest specification process 
pursuant to Sec.  679.20(a), NMFS requires vessel operators fishing in 
Federal waters to comply with various restrictions, including fishery 
time and area closures and halibut PSC limits. In addition, groundfish 
harvests by several other groups of vessels have limits, known as 
sideboards, placed on their catches of Pacific cod in Federal waters 
and in State waters during the State parallel fisheries in the GOA. 
Groups with sideboards include: (1) Catcher vessels (CVs) that 
qualified under the American Fisheries Act (AFA); (2) crab vessels that 
received crab quota share (QS) under the Crab Rationalization Program 
(70 FR 10174, March 2, 2005) and are not otherwise subject to sideboard 
limitations under the AFA; and (3) vessels that are subject of the 
Amendment 80 program (72 FR 52668; September 14, 2007). Similarly, 
trawl CVs that also participate in the Rockfish program are allocated 
2.09 percent of the Central GOA regulatory area Pacific cod TAC to 
support incidental catch of Pacific cod by cooperatives in the rockfish 
fisheries.
    Section 679.64 establishes groundfish harvesting and processing 
sideboard limits on AFA C/Ps and CVs in the GOA. The sideboard limits 
are necessary to protect the interest of fishermen and processors who 
do not directly benefit through the AFA from those fishermen and 
processors who receive exclusive harvesting and processing privileges 
under the AFA. AFA CVs that qualify under Sec.  679.64(b)(2)(ii) are 
exempt from GOA sideboard limits. Sideboard limits for non-exempt AFA 
CVs operating in the GOA are calculated based on their traditional 
harvest levels of TAC in groundfish fisheries covered by the FMP. 
Sideboard limits also restrict vessels participating in the BSAI snow 
crab fishery from using the increased flexibility provided by the Crab 
Rationalization Program (70 FR 10174, March 2, 2005) from expanding 
their level of participation in the GOA groundfish fisheries. Non-AFA 
crab vessels that fished snow crab from 1996-2000 and any vessels 
fishing under the authority of groundfish licenses derived from those 
vessels are restricted to their collective historical landings in most 
GOA groundfish fisheries, as described in 50 CFR 680.22(d) and (e). 
Some affected vessels also are subject to another type of sideboard; 
these vessels are restricted from participating in the directed fishery 
for Pacific cod in the GOA, as described at Sec.  680.22(a)(2). 
Targeted and incidental catch of sideboard species made by both non-
exempt AFA and non-AFA crab vessels are deducted from their respected 
sideboard limits. NMFS calculates and publishes sideboard limits 
annually as part of the harvest specifications process.
    To monitor compliance with catch limits, PSC limits, and sideboard 
regulations, NMFS requires various permits that authorize or limit 
access to the groundfish fisheries, such as a Federal fisheries permit 
(FFP), license limitation program (LLP) license, and Federal processor 
permit (FPP).
1. Federal Fisheries Permit (FFP)
    All vessels participating in the GOA Pacific cod fishery, including 
motherships operating in the EEZ of the GOA, are required to have an 
FFP onboard the vessel at all times (see Sec.  679.4(b)(9)). An FFP 
authorizes a vessel owner to deploy a vessel to conduct operations in 
the GOA or BSAI under the following categories: catcher vessel, 
catcher/processor, mothership, tender vessel, or support vessel. A 
vessel may not be operated in a category other than the ones specified 
on the FFP. Owners and operators of harvesting vessels that 
participated in the GOA Pacific cod fisheries, except vessels using jig 
gear, are required to have an FFP endorsement for the species and 
regulatory area(s) in which the fishery is prosecuted. However, to 
participate in the offshore component of the GOA Pacific cod fishery as 
a mothership, only a mothership and area endorsement are required.
    An FFP can include many endorsements, such as type of gear (e.g. 
pot, hook-and-line, and trawl), vessel operation category, and 
regulatory area (e.g., GOA) in which a permitted vessel is eligible to 
fish, and in some fisheries a species endorsement. For example, to 
harvest Pacific cod in the GOA Federal fisheries, the harvesting vessel 
must be designated on an FFP with endorsements that indicate the gear 
type used to prosecute the fishery. A GOA inshore processing 
endorsement is available for C/Ps under 125 feet (45.7 m.) LOA that 
wish to process GOA inshore Pacific cod; vessels exclusively endorsed 
as motherships that do not harvest groundfish in the GOA are not 
eligible to participate in the inshore component of the GOA Pacific cod 
fishery under the authority of an FFP.
    The operators of harvesting vessels that possess an FFP are 
required to comply with NMFS observer coverage requirements (Sec.  
679.50(a)). In addition, Federally permitted vessels participating in a 
pollock or Pacific cod fishery in the GOA are required to have onboard 
a transmitting vessel monitoring system (VMS), as described at Sec.  
679.28(f)(6). A VMS consists of a NMFS-approved transmitter that 
automatically determines a vessel's position and transmits that 
information to NMFS. While Pacific cod directed fisheries are open, all 
harvesting vessels with an FFP endorsed with a hook and line, pot, or 
trawl Pacific cod endorsement are required to have an operational VMS, 
regardless of where the vessel is fishing at the time or what the 
vessel is targeting, as described at Sec.  679.28(f)(6). Thus, a VMS is 
required of all vessels with an FFP endorsed with a Pacific cod hook 
and line, pot, or trawl gear while fishing in the adjacent State waters 
(0 to 3 nm). However, vessels fishing exclusively in State waters are 
not required to be designated on an FFP, and the operator of such a 
vessel is not subject to NMFS observer, VMS, or recordkeeping and 
reporting requirements unless specified by the State.
    FFPs are issued on a 3-year cycle. Each permit is in effect from 
the date of issuance through the end of the 3-year cycle. A vessel 
operator with an FFP can surrender the permit at any time and have the 
FFP reissued any number of times within the 3-year cycle. This 
flexibility is intended to provide a vessel owner with opportunities to 
participate in State waters fisheries, for which no FFP is required, 
without having to comply with the Federal requirements for operators of 
harvesting vessels designated on an FFP.
    While any vessel owner can apply for an FFP with any combination of 
mothership, C/P, CV, area, gear, or

[[Page 44704]]

species endorsements, an FFP with a specific set of endorsements, by 
itself, does not necessarily authorize the operator or the vessel to 
participate in the Pacific cod fishery in the GOA. As in most fisheries 
in Federal waters, an LLP license also is required to participate in 
the GOA Pacific cod fishery.
2. License Limitation Program (LLP)
    Prior to the establishment of the current LLP requirement, several 
management measures limited participation in the Federal GOA Pacific 
cod fisheries. Regulations restricting new vessels from entry into the 
groundfish fisheries were established in 1995 (60 FR 40763, August 10, 
1995). Also, the AFA, signed into law on October 21, 1998 (Pub. L. 105-
277), prohibited C/Ps that qualified under the AFA (AFA C/Ps) from 
fishing in the GOA. The current LLP requirements were implemented under 
Amendment 41 to the FMP (63 FR 52642, October 1, 1998). This action 
further limited entry into most fisheries prosecuted in Federal waters, 
and established a 52,600 nm trawl closure in Eastern GOA regulatory 
area.
    Effective since 2000, a groundfish LLP license authorizes a vessel 
to be used in a directed fishery for groundfish. Vessel operators 
fishing for groundfish must have an LLP license onboard at all times 
the vessel is engaged in fishing activities. LLP licenses are issued by 
NMFS to qualified persons, and an LLP license authorizes a license 
holder to deploy a vessel to conduct direct fishing for groundfish. In 
the GOA Pacific cod fisheries, several endorsements are required to be 
specified on an LLP license, such as vessel operation type, area, gear 
designation, and maximum length overall (MLOA). Several exemptions to 
the LLP requirement are listed at Sec.  679.4(k)(2), including an 
exemption for specific jig vessels less than or equal to 60 feet (18.3 
m) LOA.
    Unlike the FFP, the endorsements on an LLP license are not 
generally severable from the license. An LLP license, with its 
associated endorsements, can be reassigned to a different vessel only 
once per year. In general, a vessel is authorized to only use gear 
consistent with the gear designation on the LLP. However, like FFPs, 
vessels fishing in the parallel fisheries are not required to be 
designated on an LLP license because these fisheries occur only in 
State waters.
3. Federal Processor Permit (FPP)
    Federal processor permits (FPPs) may be issued for shoreside 
processors and stationary floating processors (SFPs). SFPs are vessels 
of the United States operating as processors in the Alaska State waters 
that remain anchored or otherwise remain stationary in a single 
geographic location while receiving or processing groundfish harvested 
in the GOA or BSAI. An FPP is required for shoreside processors and 
SFPs that receive and/or process groundfish harvested from Federal 
waters or from any Federally-permitted vessels. FPPs are non-
transferable, 3-year permits issued to owners on request and without 
charge. These permits are authorized at Sec.  679.4(f).
    Owners of SFPs may apply for a GOA inshore processing endorsement 
on their FPP. This endorsement is required to process GOA inshore 
Pacific cod and pollock. SFPs that hold an inshore processing 
endorsement are prohibited from processing GOA Pacific cod in more than 
one single geographic location in the GOA during a fishing year. 
Although FPPs can be surrendered at anytime during a fishing year, a 
GOA inshore processing endorsement cannot be rescinded for the duration 
of a fishing year. It may be changed for the next fishing year by 
submitting an application for permit amendment prior to the beginning 
of that fishing year. Vessels holding the GOA inshore processing 
endorsement face additional operating restrictions described at Sec.  
679.7. During any calendar year, an FPP permit holder operating in the 
GOA can only operate as part of the ``inshore component in the GOA,'' 
as defined at Sec.  679.2. All vessels participating in the GOA 
groundfish fisheries are restricted from operating in both the 
``offshore component in the GOA'' and the ``inshore component in the 
GOA'' during the same calendar year, as prohibited at Sec.  
679.7(a)(7)(iv) and (v). For example, during a calendar year an owner 
of an FFP issued a GOA inshore processing endorsement on their FPP 
cannot also hold an FFP that authorizes the license holder to conduct 
operations in the GOA as a catcher vessel, catcher/processor, 
mothership, tender vessel, or support vessel for groundfish. Similarly 
an FFP license holder with a GOA catcher/processor endorsement cannot 
be used as a SFP in the ``inshore component of the GOA'' unless it 
first surrenders its FFP and is issued an FPP that meets the permitting 
requirements to operate at as SFP at a single geographic location in 
the GOA.

B. GOA Parallel Fisheries

    During the Federal Pacific cod TAC fisheries, the State creates a 
parallel Pacific cod fishing season by generally adopting NMFS 
management actions in State waters; however, trawl gear is generally 
not allowed within State waters of the GOA. The State has management 
authority for groundfish resources within State waters, and the 
Commissioner of the Alaska Department of Fish and Game (ADF&G) opens 
parallel fisheries through emergency order under the Parallel 
Groundfish Fishery Emergency Order Authority at 5 AAC 28.086. These 
emergency orders establish parallel fishing seasons that allow vessels 
to fish for groundfish, including Pacific cod, within State waters with 
the same season as the Federal seasons. In addition, the Commissioner 
is authorized to open or close the fisheries under emergency order to 
adapt to unanticipated openings or closures of the Federal fisheries. 
There are no limits on the proportion of the Pacific cod TAC that may 
be harvested in State waters.

C. GOA State Waters Fisheries

    In 1997, the State began managing Pacific cod fisheries inside of 3 
nm (referred to as the State waters fisheries or State GHL fisheries) 
that are generally open when the Federal and parallel fisheries are 
closed. The State waters Pacific cod seasons are managed under five 
Pacific cod management plans under the authority of State regulation. 
In the Prince William Sound (PWS) (5 AAC 28.267), the Kodiak (5 AAC 
28.467) and the South Alaska Peninsula (5 AAC 28.577) management areas, 
the State waters Pacific cod fisheries open seven days after the 
Federal inshore A season for the respective regulatory area closes. The 
Cook Inlet Pacific cod fishery is authorized under 5 AAC 28.367 to open 
24 hours after the Central GOA inshore A season closes, and the opening 
date for the Pacific cod fishery in the Chignik Area is set in 
regulation as March 15 (5 AAC 28.537). The State waters fisheries close 
when the GHL is harvested, or when the Commissioner closes the fishery 
under emergency order, on December 31, or whichever occurs later. 
Closing of the State waters fisheries typically occurs by August 31 to 
coincide with the opening of the B season parallel/Federal fishing 
season, as described in more detail in section 2.1.2 of the EA/RIR/IRFA 
for this action (see ADDRESSES).
    The GOA Pacific cod State waters fisheries are allocated a 
specified portion of the Federal ABC. State waters fisheries' portions 
are managed by the Alaska Department of Fish and Game (ADF&G) toward a 
GHL, which limits catch in the fishery in a manner similar to 
management of the Federal TAC. If a GHL is fully harvested, the GHL can 
be increased on an annual basis up to 25

[[Page 44705]]

percent of the Pacific cod ABC in each GOA regulatory area, the maximum 
level permitted by State regulation. In 1997, 15 percent of the Pacific 
cod ABC in each of the three GOA regulatory areas was allocated among 
the State waters fisheries. Since then, allocations of Pacific cod GHL 
in the State waters fisheries have increased to 25 percent of the ABCs 
in each regulatory area. Allocations of GHL to the Eastern GOA have 
fluctuated in recent years. In 2004, the Eastern GOA GHL was lowered to 
10 percent of the ABC because that allocation had not been fully 
utilized by the fishery. The portion of the ABC allocated to the State 
waters fishery was increased to 15 percent in 2010, and 25 percent in 
2011, in response to increased fishing effort and catch in the State 
waters fishery in the Eastern GOA.
    State waters fisheries have gear and vessel-length restrictions. 
The GOA State waters Pacific cod fisheries are open to only pot and jig 
gear in all GOA State management areas except in Prince William Sound, 
which has allowed longline gear since 2009. In several areas, vessel 
size restrictions limit harvests by vessels greater than 58 ft (17.7 m) 
LOA or exclude those vessels from participating in the fisheries. Of 
the total Central GOA ABC, the State waters fisheries allocate 16.94 
percent to the pot sector and 8.06 percent to the jig sector. Although 
there is no allocation specified in regulation to the South Alaska 
Peninsula area jig fleet, pot gear is allocated 85% of the GHL, which 
represents 21.25 percent of the Western GOA ABC. Allocations of GHL to 
pot vessels have generally been fully harvested in all State management 
areas except Prince William Sound from 1997 through 2009. Jig harvests 
were relatively high during 2003 through 2005 and again in 2009, but 
declined substantially in 2006 through 2008. A combination of poor 
weather conditions, difficulty finding fish in State waters, and high 
operating costs contributed to low levels of jig effort in those years. 
Most unharvested State-waters GHL was unharvested jig GHL resulting in 
a catch that was substantially below the GHL in all four Western and 
Central GOA State management areas in 2006 and 2007; and in Kodiak and 
Cook Inlet during 2008. In 2009, jig vessels in the Kodiak Management 
Area harvested the entire jig GHL, and more than 90 percent of the 
overall GHL was harvested in each GOA State management area, as 
described in more detail in section 2.1.2 of the EA/RIR/IRFA for this 
action. Generally, unharvested GHL may be rolled over to other gear 
types according to State regulatory management plans.
    Many participants in the State waters Pacific cod fisheries also 
participate in the parallel/Federal Pacific cod fisheries. During 1997 
through 2008, an average of 75 percent of Central GOA State waters pot 
catch and 93 percent of Western GOA State waters pot catch was 
harvested by vessels that also participated in the GOA Pacific cod 
parallel/Federal fishery (using any gear type) in a particular year. 
The majority (85 percent to 93 percent) of State waters pot catch is 
harvested by vessels that hold LLP licenses and also have access to the 
Federal waters fishery. There is less overlap between participants in 
the State waters jig fishery and the parallel/Federal waters Pacific 
cod fishery. The majority of vessels that participate in the State 
waters jig fishery do not participate in the parallel/Federal waters 
Pacific cod fishery. During 1997 through 2008, an average of only 43 
percent of Central GOA State waters jig catch and 25 percent of Western 
GOA State waters jig catch was harvested by vessels that also 
participated in the GOA parallel/Federal fishery in a particular year.
    Owners of some vessels that fish for Pacific cod in the Federal 
waters have surrendered their FFP licenses before fishing in the 
parallel waters or in the non-parallel-State waters Pacific cod fishery 
to avoid NMFS observer, VMS, and recordkeeping and reporting 
requirements, only to have the permits reissued for the opening of the 
Federal waters fishery. Surrendering or amending an FFP may degrade the 
quality of information available to manage the Pacific cod fishery.

III. Need for Action

A. Rationale for Amendment 83

    Competition among participants in the Western and Central GOA 
Pacific cod fisheries has intensified in recent years. Because the TACs 
are not divided among gear or operation types, there is a derby-style 
race for fish and competition among the various gear types for shares 
of the TACs. The proposed action would divide the Western and Central 
GOA Pacific cod TACs among the various gear and operation types, based 
primarily on historical dependency and use by each sector, while also 
considering the needs of fishing communities. This amendment is 
intended to enhance stability in the fishery by enabling operators 
within each sector to plan harvesting or processing activity during a 
fishing year, reduce competition among sectors, and preserve the 
historical division of catch among sectors, while providing 
opportunities for new entrants in these fisheries. .
    NMFS and the Council recognize that participants with significant 
long-term investments and extensive catch histories are highly 
dependent on the GOA Pacific cod fisheries and need stability in the 
form of sector allocations. If Amendment 83 is approved, it would 
supersede the inshore/offshore allocations and establish sector 
allocations for each gear and operation type in the Western and Central 
GOA Pacific cod fisheries, based primarily on historical catches, as 
well as conservation, catch monitoring, and social objectives, 
including considerations for small boat sectors and coastal communities 
traditionally participating in the inshore Pacific cod processing 
sector.

B. Problem Statement

    To address these issues, the Council adopted a problem statement 
that is summarized below. The complete text can be found in section 
1.1.2 of the EA/RIR/IRFA for this action (see ADDRESSES).

    The limited access derby-style management of the Western GOA and 
Central GOA Pacific cod fisheries has led to competition among the 
various gear types (trawl, hook-and-line, pot and jig) and operation 
types (catcher processor and catcher vessel) for shares of the total 
allowable catch (TAC). Competition for the GOA Pacific cod resource 
has increased for a variety of reasons, including increased market 
value of cod products, rationalization of other fisheries in the 
BSAI and GOA, increased participation by fishermen displaced from 
other fisheries, reduced Federal TACs due to the State waters cod 
fishery, and Steller sea lion mitigation measures including the A/B 
seasonal split of the GOA Pacific cod TACs. The competition among 
sectors in the fishery may contribute to higher rates of bycatch, 
discards, and out-of-season incidental catch of Pacific cod.
    Participants in the fisheries who have made long-term 
investments and are dependent on the fisheries face uncertainty as a 
result of the competition for catch shares among sectors. To reduce 
uncertainty and contribute to stability across the sectors, and to 
promote sustainable fishing practices and facilitate management 
measures, the Western and Central GOA Pacific cod TACs should be 
divided among the sectors. Allocations to each sector would be based 
primarily on qualifying catch history, but may be adjusted to 
address conservation, catch monitoring, and social objectives, 
including considerations for small boat sectors and coastal 
communities. Because harvest sector allocations would supersede the 
inshore/offshore processing sector allocations for Pacific cod by 
creating harvest limits, the Council may consider regulatory changes 
for offshore and inshore floating processors in

[[Page 44706]]

order to sustain the participation of fishing communities.

    In addition, the Council recognized that the timing of the Pacific 
cod A and B seasons may have limited the participation of jig vessels 
in the parallel and Federal fisheries of the GOA. The State waters jig 
allocation has gone uncaught in some years, potentially due to the lack 
of availability of Pacific cod inside three miles. A non-historical 
Federal catch award, together with the provision of access in Federal 
waters for the State Pacific cod jig allocations, offers entry-level 
opportunities for the jig sector.
    Currently, there are no limits on entry into the parallel waters 
groundfish fisheries, and no limits on the proportion of the GOA 
Pacific cod TAC that may be harvested in parallel waters. There is 
concern that participation in the GOA Pacific cod parallel waters 
fishery by vessels that do not hold LLP licenses may increase. The 
Council, in consideration of options and recommendations for the 
parallel fishery, will need to balance the objectives of providing 
stability to the long term participants in the sectors, while 
recognizing that new entrants who do not hold Federal permits or 
licenses may participate in the parallel fishery.

C. Amendment 83 Background

    In 1999, the Council began developing a package of measures to 
rationalize the GOA groundfish fisheries, which included options to 
develop catch share management for CV and C/Ps in the Pacific cod 
fisheries. In April 2003, the Council defined a set of preliminary 
alternatives. From 2003 through 2006, the Council worked to develop and 
refine these alternatives. However, in December 2006, the Council 
decided to delay further consideration of the comprehensive 
rationalization program and instead, proceed with the more discrete 
issue of allocating the Pacific cod resource to various gear sectors. 
Simultaneously, the Council recommended limiting future entry to the 
GOA groundfish fisheries by extinguishing latent LLP groundfish 
licenses.
    The Council also has taken final action on separate amendment 
packages to revise the LLP. In April 2008, the Council took final 
action to extinguish area endorsements on latent GOA and BSAI trawl LLP 
licenses. The final rule for that action was published August 14, 2009 
(74 FR 41080). Subsequently, in April 2009, the Council recommended 
Amendment 86 to the FMP. That amendment, also known as the GOA fixed 
gear recency action, would add non-severable, gear-specific Pacific cod 
endorsements to fixed gear licenses that qualify under the landings 
thresholds, and is intended to limit entry into the directed Pacific 
cod fisheries in the Federal waters of the Western and Central GOA. The 
notice of availability for Amendment 86 action was published July 2, 
2010 (75 FR 38452), the proposed rule was published July 23, 2010 (75 
FR 43118), and the final rule was published on March 22, 2011. It 
became effective on April 21, 2011 (76 FR 15826).
    The Council reviewed a preliminary EA/RIR/IRFA of Amendment 83 at 
its September 2007 meeting, and reviewed an initial draft EA/RIR/IRFAs 
in June 2008, December 2008, and October 2009. At its October 2009 
meeting, the Council released the analysis for public review, and the 
Council took final action on GOA Amendment 83, this proposed action, at 
the December 2009 meeting. If approved by the Secretary of Commerce, 
Amendment 83 would modify the following provisions in the FMP: the 
executive summary; section 3.2.6, Management Measures for the GOA 
Groundfish Fisheries; section 3.3.1 License Limitation Program; and 
section 4.1.2.2, Pacific cod. Amendment 83 sector allocations cannot be 
implemented mid-year; therefore, the final rule implementing Amendment 
83, if approved, would be effective the following January 1st. Thus, 
the earliest effective date for the rule implementing Amendment 83 
would be January 1, 2012.

IV. Description of the Proposed Action

A. Affected GOA Regulatory Areas

    If approved, this action would affect the GOA management area; it 
is not intended to directly affect fishing behavior outside of the GOA 
or in the BSAI management area. The proposed sector allocations would 
divide the Western and Central GOA Pacific cod TACs among the various 
gear and operation types, based primarily on the historical 
distribution of catch. Currently, the Western and Central GOA A season 
TACs are fully utilized, and vessels race to fully harvest the TAC. The 
GOA Pacific cod B season TACs have not been fully harvested in recent 
years, particularly in the Western GOA, due in part to reaching the 
halibut PSC limits; therefore, this proposed action would also further 
allocate PSC limits throughout the GOA. Sector allocations in the 
Western and Central GOA and GOA-wide PSC limit apportionments are 
expected to reduce competition among sectors in the A season and B 
season, but may not reduce competition among vessels within each 
sector, nor slow down the fisheries' prosecution.
    In recent years, only a small proportion of the Eastern GOA TAC has 
been harvested, although effort and catch has increased in recent 
years. From 2000 through 2008, the Pacific cod harvest in the Eastern 
GOA ranged from 0.4 percent to 11.8 percent of the Eastern GOA TAC, and 
was 39.3 percent and 49.8 percent of the Eastern GOA TAC in 2009 and 
2010, respectively. The potential exists that the lack of any sector 
allocations in the Eastern GOA would provide an incentive for increased 
effort in that fishery. However, the Council did not perceive a need 
for such an action due, in part, to the differences in the prosecution 
of the Pacific cod fisheries in the Eastern regulatory area, such as 
the extensive trawl closures effectively prohibiting trawl fishing in 
the Southeast Outside district of the Eastern regulatory area. As a 
result, the Council recommended that the Eastern GOA Pacific cod TAC 
not be allocated among sectors by this action.
    Two elements of this proposed rule would apply to the entire GOA, 
including the Western, Central, and Eastern GOA regulatory areas. 
First, the hook-and-line CV and C/P halibut PSC limits would apply to 
the entire GOA, as described in more detail in section VI of this 
preamble. Halibut bycatch by hook-and-line vessels operating in the 
Western, Central, and Eastern GOA would accrue against these PSC 
limits. Second, NMFS is proposing new FFP permitting requirements that 
would restrict the reissue of, or amendments to, FFPs by permit holders 
endorsed by gear and operation type to participate in all Federal or 
parallel Pacific cod fisheries throughout the Western, Central, and 
Eastern GOA, as described in more detail in section IX of this 
preamble.

B. Sector Designations by Area

    The sectors designated by the Council to receive allocations of 
Pacific cod are identified in Tables 2a and 2b of this preamble and are 
identical in the Western and Central GOA except for hook-and-line CV 
sectors. In both areas the proposed sectors include jig, hook-and-line 
C/P, pot CV and C/P combined, trawl C/P, trawl CV, and hook-and-line 
CV; however, in the Central GOA, the hook-and-line CV sector would be 
further divided by vessel length. In the Central GOA hook-and-line CVs 
less than 50 ft (15.2 m) LOA (<50 ft (15.2 m) LOA) are in one sector 
and hook-and-line CVs greater than or equal to 50 ft (15.2 m) 
(=50 ft (15.2 m)) are in another sector. Historically, the 
majority of catch

[[Page 44707]]

by hook-and-line CVs has been made by vessels <50 ft (15.2 m) LOA, but 
in recent years, there has been a substantial increase in effort by 
hook-and-line CVs that are between 50 ft (15.2 m) and 60 ft (18.3 m) 
LOA. Dividing this sector at 50 ft (15.2 m) LOA protects smaller boats 
from an influx of effort by vessels =50 ft (15.2 m) LOA. The 
Council recognized that in the Central GOA the increased competition 
appears to result in safety at sea concerns, as smaller boats compete 
with larger vessels. However, by establishing a CV hook-and-line split, 
vessels =50 ft (15.2 m) LOA that are long-time participants 
in the fishery would share an allocation with these more recent 
entrants. A similar CV sector split was not recommended for the Western 
GOA. The Western GOA has not seen a similar increase in effort by CVs 
>=50 ft (15.2 m) LOA. Moreover, the Western GOA hook-and-line CV sector 
has historically harvested a small percentage of the TAC, and if the 
TAC was further apportioned by vessel length, this sector's allocation 
would not support a directed fishery.
    Under this action, the pot CV and pot C/P sectors would be combined 
in the Western and Central GOA because catch by pot C/Ps has been 
relatively small, and if apportioned individually, Pacific cod 
allocations for pot C/Ps would be extremely low. NMFS' experience with 
similar sector allocations has shown that small allocations can be 
difficult to manage, depending on the level of participation and effort 
in the sector. Moreover, most vessels that participated as pot C/Ps in 
the GOA Pacific cod fishery in recent years also have fishing history 
as pot CVs, and would contribute catch history to both the pot C/P and 
CV allocations. Therefore, the Council recommended that the pot C/P and 
CV sectors receive a combined allocation in each area.

C. Qualifying Catch History

    For Amendment 83 the Council defined each qualifying catch history 
as all retained catch of Pacific cod from both the Federal and parallel 
waters fisheries by season. In calculating each sector's directed and 
incidental catch histories for this action, the Council had several 
data sources to choose from, including ADF&G Fish Tickets (Fish 
Tickets) and weekly production reports. Fish Tickets are issued by 
processors to CVs when a CV delivers fish for processing. Information 
on the Fish Ticket indicates the vessel that delivered the fish and the 
weight of that fish. Weekly Production Reports (WPRs) are submitted to 
NMFS by processors, including C/Ps, of the amounts of various fish 
products for that processor for the week listed.
    Two accounting systems have been used to compile catch histories in 
the GOA Pacific cod fishery. The Blend database was used as NMFS' 
accounting system from 1995 through 2002, and is composed of WPRs and 
observer data. Since 2003, NMFS has relied on the Catch Accounting 
database, which is composed of WPRs, Fish Tickets, and observer data. 
NMFS manages the Pacific cod fishery inseason with catch information 
collected from these databases. NMFS inseason management requires 
prompt reporting of catch to successfully manage the fisheries to stay 
within the established TACs and PSC limits. Fish Ticket information 
prior to 2008 was not available quickly enough from ADF&G for NMFS' 
inseason management purposes because complete Fish Ticket data from the 
State can be submitted to NMFS up to three months into the following 
year. In addition, data from non-electronic WPRs and Fish Tickets takes 
time to compile and process. For these reasons, NMFS created an 
alternative database system for tracking catch that includes an 
electronic reporting system (eLandings) for commercial fishery landings 
and production used by NMFS and the State.
    Since 2007, the NMFS Catch Accounting database and the ADF&G Fish 
Ticket Database have generally been in close agreement for retained 
catch estimates. The largest differences in the catch histories 
reported in the ADF&G Fish Ticket Database and those reported in the 
Blend and Catch Accounting databases are between the jig CV datasets, 
as reported in section 2.2.2 and Appendix B of the EA/RIR/IRFA for this 
action (see ADDRESSES). However, the proposed allocation to the jig 
sector is not set at historic catch but is initially set higher to 
promote new entrants to the fishery. Under this proposed action, the 
jig sector's allocation is expected to vary from season to season based 
on the performance of that sector in the fishery. The proposed jig 
sector allocations would be deducted from the Federal TAC before other 
sector allocations are calculated. Unused allocations to the jig sector 
would be rolled over to other Federal sectors beginning with 
participants in the CV sector. Allocations to the jig sector are 
discussed in more detail in part A of section V of this preamble.
    For C/Ps, the Council chose to use the NMFS Blend and Catch 
Accounting databases for purposes of developing the catch histories 
used in this action rather than WPRs. The Catch Accounting database 
relies on WPRs for C/Ps with 30 percent observer coverage and observer 
data for vessels with 100 percent observer coverage. Discrepancies 
between WPRs and the Blend and Catch Accounting databases are expected 
to be the result of underreporting on WPRs compared to observer data, 
the use of product recovery rates to back-calculate round weights for 
catch recorded on WPRs, and the increased use of observer estimates for 
C/Ps in Blend and Catch Accounting data. The EA/RIR/IRFA for this 
action describes these discrepancies in more detail in Appendix B (see 
ADDRESSES).
    The Council elected to use the Blend and Catch Accounting databases 
to calculate qualifying catch history for C/Ps based on recent 
experience with similar actions. In other previous actions, most 
notably BSAI Amendments 80 and 85, the Council used the data from Fish 
Tickets for CVs and WPRs for C/Ps to calculate qualifying catch 
history. One reason for selecting this alternate approach is because 
certain product types, such as fishmeal, can be excluded from catch 
estimates. The inclusion of fishmeal was an issue in Amendments 80 and 
85 because smaller vessels generally lack the capacity to process meal 
and catch histories might underestimate actual catch. For this proposed 
action, the Council decided to not exclude fishmeal from the definition 
of qualifying catch, even though WPRs in the GOA indicated that no C/Ps 
produced fishmeal from Pacific cod during the 1995 through 2006 fishing 
seasons.
    For CVs, the Council decided to calculate the catch histories used 
in this action based on Fish Tickets rather than the Blend and Catch 
Accounting databases. Fish Tickets are a more comprehensive record of 
catch than the Blend database for CVs. As a result, catch estimates 
based on Fish Tickets are generally higher than those from the Blend 
database, which are based on WPRs and observer data. Catch Accounting 
estimates for CVs are based on Fish Tickets for vessels that deliver 
shoreside and use eLandings. The retained catch estimates are very 
similar between the Catch Accounting database and the ADF&G Fish Ticket 
Database; however, the catch history requested by the Council for this 
action extended back further than the advent of the Catch Accounting 
database in 2003. Therefore, the Council recommended using the catch 
history provided by Fish Tickets to provide the most comprehensive data 
for CVs.
    In the Western GOA, the four options for calculating catch history 
included

[[Page 44708]]

one option consisting of all retained catch during 1995 through 2005; 
see Table 2a of this preamble. This period includes six years of catch 
history prior to implementation of the Steller sea lion protection 
measures in 2001. The Steller sea lion measures resulted in a shift of 
catch from trawl gear to pot gear. By including the earlier time 
period, this action accounts for the catch history of the trawl sector 
prior to this shift and generally favors trawl vessels. In the Central 
GOA the catch histories include more recent years, 2002 through 2008, 
and generally favor the pot CV sector and to a lesser extent the hook-
and-line sectors. The options in the Central GOA do not include 
retained catch from 1995 through 2000 (see Table 2b of this preamble) 
because the reduction in trawl catch concurrent with implementation of 
the Steller sea lion protection measures in the Central GOA was less 
than in the Western GOA.

              Table 2a--Average Percent of the Total Catch of Pacific Cod Over Various Years in the Western GOA by Each Sector, Except Jig
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Hook-and-line   Hook-and-line
                       Western GOA                            C/P (%)         CV (%)        Pot C/P (%)     Pot CV (%)     Trawl C/P (%)   Trawl CV (%)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1995-2005, best 7 years *...............................            19.8             0.5             2.2            28.0             2.5            46.9
2000-2006, best 5 years.................................            21.8             0.6             2.3            40.7             2.6            32.0
2002-2007, best 5 years.................................            22.7             1.2             1.6            46.0             2.4            26.1
2002-2008, best 5 years.................................            21.8             1.7             1.5            44.5             2.4            28.1
Each sector's best option...............................            18.6             1.4             1.9            37.6             2.1            38.4
    Average of all options..............................            21.5             1.0             1.9            39.8             2.5            33.3
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Contains rounding errors 0.1%
 


              Table 2b--Average Percent of the Total Catch of Pacific Cod Over Various Years in the Central GOA by Each Sector, Except Jig
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                           Hook-and-line   Hook-and-line   Hook-and-line
               Central GOA                    C/P (%)       CV >=50 (%)     CV <50 (%)      Pot C/P (%)     Pot CV (%)     Trawl C/P (%)   Trawl CV (%)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2000-2006, best 5 years *...............             4.2            14.6             6.2             1.0            25.3             4.4            44.2
2000-2006, best 3 years *...............             4.7            14.0             5.6             1.4            28.0             4.4            42.0
2002-2007, best 5 years *...............             5.2            15.5             7.1             0.4            25.9             3.5            42.4
2002-2007, best 3 years *...............             4.9            14.7             6.9             0.5            28.2             3.3            41.4
2000-2008, best 5 years.................             5.5            14.6             7.8             0.3            25.8             3.3            42.7
2000-2008, best 3 years *...............             5.2            14.7             6.9             0.5            28.1             3.3            41.4
Each sector's best option...............             5.1            14.6             6.7             1.3            26.5             4.2            41.6
    Average of all options..............             4.9            14.7             6.7             0.7            26.9             3.7            42.4
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Contains rounding errors 0.1%
 

    For the purposes of setting sector allocations for the non-jig 
sectors, the Council recommended the highest of all averages across the 
various options to reduce disparities among the options. The Council 
and NMFS noted that this would result in differences depending on the 
years selected as the highest, especially after the catch histories are 
scaled among sectors to allocate 100 percent of the TAC. Using each 
sector's best percentage increases the percentage allocation to sectors 
with a best option that is substantially higher than that sector's 
average option. Furthermore, this recommendation would decrease TAC 
allocations to sectors with a best option closer to that sector's 
average option. In some cases this would result in an allocation that 
is less than each of the respective sector's average catch history. At 
final action the Council recommended further adjustments to these 
historical catch histories to address these discrepancies. Adjustments 
to the catch histories are explained in more detail in section V of 
this preamble.

V. Allocation of Total Allowable Catch (TAC)

    Under Amendment 83, NMFS would remove from regulations the inshore/
offshore allocations of TAC for Pacific cod in the Western and Central 
GOA and instead assign each sector an allocation of Pacific cod TAC to 
support each sector's directed and incidental catch needs. With the 
exception of the jig sector, the Council's recommended TAC allocations 
are based on each sector's best option from four catch history options 
in the Western GOA and six options in the Central GOA (Tables 2a and 2b 
of this preamble). The catch histories were then scaled so that the 
proposed allocations sum to 100 percent. The Council further 
apportioned the annual catch histories by season to reflect the 
seasonal fishing behaviors of each sector. If the amendment is 
approved, NMFS would seasonally apportion sector allocations between 
the A and B seasons, based on each sector's seasonal catch history 
during the qualifying years, while maintaining the aggregate 60 
percent/40

[[Page 44709]]

percent apportionment of the TAC in each regulatory area.
    In the Western GOA regulatory area these historical values were 
adjusted to incorporate changes in fishing behavior since the 
implementation of Steller sea lion protection measures. In the Western 
GOA allocations to the pot CV and C/P, hook-and-line C/P, and trawl C/P 
sectors' allocations were adjusted to account for differences between 
using each sector's best option and the average retained catch across 
the four options in the Western GOA. Specifically, the seasonal 
apportionments of the Western GOA trawl CV and pot CV and C/P 
allocations were shifted to allow a great portion of the trawl 
allocation be assigned during the A