Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska; Proposed 2013 and 2014 Harvest Specifications for Groundfish, 72297-72318 [2012-29137]

Download as PDF tkelley on DSK3SPTVN1PROD with Federal Register / Vol. 77, No. 234 / Wednesday, December 5, 2012 / Proposed Rules email at ezana.wondimneh@dot.gov, by telephone at (202) 366–0846, or by fax at (202) 366–5930, or Mr. Merz Rustom, Director, Motor Vehicle Standards, Research and Development at Transport Canada, by email at merz.rustom@tc.gc.ca, by telephone at (613) 998–2268, or by fax at (613) 990– 2913. SUPPLEMENTARY INFORMATION: The U.S.– Canada Regulatory Cooperation Council was created on February 4, 2011. After private sector consultations and bilateral negotiations, the RCC released the Joint Action Plan on Regulatory Cooperation on December 7, 2011. For more information on the Joint Action Plan on Regulatory Cooperation, see https://www.trade.gov/rcc/rccsummary.asp. The Joint Action Plan is a practical first step to increased regulatory cooperation between the United States and Canada. In order to implement the initiatives identified in the Joint Action Plan, bilateral working groups led by senior officials from regulatory agencies have developed work plans with concrete objectives, deliverables and milestones for tangible progress within the RCC’s two-year mandate. On January 30 and 31, 2012, the RCC and its bi-national working groups facilitated stakeholder meetings in Washington, DC. The January 15, 2013 public meeting is being held pursuant to the RCC Motor Vehicles Working Group Work Plan. For more information on the Work Plans, see https://www.trade.gov/rcc/ documents/Existing-Motor-VehicleSafety-Standards.pdf, or https:// www.trade.gov/rcc/ for future Work Plans. Public Meeting Procedures. The public meeting provides a forum for the public to speak about topics within the mandate of the RCC Motor Vehicles Working Group. In order to comply with the occupancy limits of the meeting space, attendance is limited to 100 persons, and pre-registration is required. For space reasons, it is asked that you consider limiting your company’s or association’s delegation to 3–5 persons. If you would like to attend the public meeting as a speaker or as an observer, please contact the person identified under FOR FURTHER INFORMATION CONTACT at least ten days before the hearing. Depending on the available space, registration for persons attending the public hearing as observers may be accepted after that date. For planning purposes, each speaker should anticipate speaking for approximately ten minutes, although we may need to shorten that time if a large number of people wish to make VerDate Mar<15>2010 16:40 Dec 04, 2012 Jkt 229001 presentations. Once we learn how many people have registered to speak at the meeting, we will allocate an appropriate amount of time to each participant, allowing time for necessary breaks. In addition, we will reserve a block of time for anyone else in the audience who wishes to give an oral presentation. We request that you bring three copies of your statement or other material to the meeting. To accommodate as many speakers as possible, we prefer that speakers not use any audio-visual aids or computer slideshows; however, if you plan to use such aids, you must provide those materials in advance of the meeting and notify the contact person in the FOR FURTHER INFORMATION CONTACT section above. NHTSA and Transport Canada will conduct the meeting informally. Presenters wishing to provide supplementary information should submit it to the contact person in the FOR FURTHER INFORMATION CONTACT section above. For security purposes, governmentissued photo identification is required to enter the Patrick V. McNamara Federal Building. Non-U.S. citizens may be required to show passports. To allow sufficient time to clear security and enter the building, NHTSA recommends that participants arrive 30 to 60 minutes prior to the start of the event, and that luggage, laptop computers, and personal effects be kept to a minimum. Christopher J. Bonanti, Associate Administrator for Rulemaking. [FR Doc. 2012–29369 Filed 12–4–12; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 120813331–2562–01] RIN 0648–XC164 Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Proposed Rule To Implement a Targeted Acadian Redfish Fishery for Sector Vessels; Reopening of Comment Period Correction Proposed rule document 2012–28820, appearing on pages 70939–70940 in the issue of Wednesday, November 28, PO 00000 Frm 00053 Fmt 4702 Sfmt 4702 72297 2012, should have appeared in the Proposed Rules section of the issue. [FR Doc. C1–2012–28820 Filed 12–4–12; 8:45 am] BILLING CODE 1505–01–D DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 120918468–2468–01] RIN 0648–XC254 Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska; Proposed 2013 and 2014 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 2013 and 2014 harvest specifications, apportionments, and Pacific halibut prohibited species catch limits for the groundfish fishery of the Gulf of Alaska (GOA). This action is necessary to establish harvest limits for groundfish during the 2013 and 2014 fishing years and to accomplish the goals and objectives of the Fishery Management Plan for Groundfish of the Gulf of Alaska. The intended effect of this action is to conserve and manage the groundfish resources in the GOA in accordance with the Magnuson-Stevens Fishery Conservation and Management Act. SUMMARY: Comments must be received by January 4, 2013. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2012–0180, by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal at www.regulations.gov. To submit comments via the e-Rulemaking Portal, first click the ‘‘submit a comment’’ icon, then enter NOAA–NMFS–2012–0180 in the keyword search. Locate the document you wish to comment on from the resulting list and click on the ‘‘Submit a Comment’’ icon on that line. • Mail: Address written comments to Glenn Merrill, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen Sebastian. Mail comments to: P.O. Box 21668, Juneau, AK 99802–1668. DATES: E:\FR\FM\05DEP1.SGM 05DEP1 tkelley on DSK3SPTVN1PROD with 72298 Federal Register / Vol. 77, No. 234 / Wednesday, December 5, 2012 / Proposed Rules • Fax: Address written comments to Glenn Merrill, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen Sebastian. Fax comments to: (907) 586–7557. • Hand delivery to the Federal Building: Address written comments to Glenn Merrill, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen Sebastian. Deliver comments to 709 West 9th Street, Room 420A, Juneau, AK. Instructions: Comments must be submitted by one of the above methods to ensure that the comments are received, documented, and considered by NMFS. Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address) submitted voluntarily by the sender will be publicly accessible. Do not submit confidential business information, or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF file formats only. Electronic copies of the Alaska Groundfish Harvest Specifications Final Environmental Impact Statement (Final EIS), Supplementary Information Report (SIR) to the EIS, and the Initial Regulatory Flexibility Analysis (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. The final 2011 Stock Assessment and Fishery Evaluation (SAFE) report for the groundfish resources of the GOA, dated November 2011, is available from the North Pacific Fishery Management Council (Council) at 605 West 4th Avenue, Suite 306, Anchorage, AK 99501, phone 907–271–2809, or from the Council’s Web site at https:// alaskafisheries.noaa.gov/npfmc. The draft 2012 SAFE report for the GOA is available from the same source. FOR FURTHER INFORMATION CONTACT: Obren Davis, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the GOA groundfish fisheries in the exclusive economic zone (EEZ) of the GOA under the Fishery Management Plan for Groundfish of the Gulf of VerDate Mar<15>2010 16:40 Dec 04, 2012 Jkt 229001 Alaska (FMP). The Council prepared the FMP under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801, et seq. Regulations governing U.S. fisheries and implementing the FMP appear at 50 CFR parts 600, 679, and 680. The FMP and its implementing regulations require NMFS, after consultation with the Council, to specify the total allowable catch (TAC) limits for each target species, the sum of which must be within the optimum yield (OY) range of 116,000 to 800,000 metric tons (mt). Section 679.20(c)(1) further requires NMFS to publish and solicit public comment on proposed annual TACs, halibut prohibited species catch (PSC) limits, and seasonal allowances of pollock and Pacific cod. The proposed harvest specifications in Tables 1 through 20 of this document satisfy these requirements. For 2013 and 2014, the sum of the proposed TAC amounts is 447,752 mt. Under § 679.20(c)(3), NMFS will publish the final 2013 and 2014 harvest specifications after (1) considering comments received within the comment period (see DATES), (2) consulting with the Council at its December 2012 meeting, and (3) considering information presented in the Final EIS (see ADDRESSES) and the final 2012 SAFE report prepared for the 2013 and 2014 groundfish fisheries. Other Actions Potentially Affecting the 2013 and 2014 Harvest Specifications Halibut Prohibited Species Catch Limits Revisions At its June 2012 meeting, the Council took final action to reduce halibut PSC limits in the GOA trawl and hook-andline groundfish fisheries. The Council’s preferred alternative for Amendment 95 to the GOA FMP would change the process for setting halibut PSC limits. Halibut PSC limits would be established in Federal regulations and would remain in effect until changed by a subsequent Council action to amend those regulations. If approved by the Secretary of Commerce, Amendment 95 would reduce the GOA halibut PSC limit for the groundfish trawl gear sector and groundfish catcher vessel (CV) hookand-line gear sector by 15 percent. The Council’s proposed reduction would be phased in over 3 years: 7 percent in year 1, 5 percent in year 2 (to 12 percent), and 3 percent in year 3 (for a total of 15 percent). The Council’s proposed reduction for the catcher/processor (C/P) hook-and-line gear sector would PO 00000 Frm 00054 Fmt 4702 Sfmt 4702 be 7 percent, which would be implemented in one step in year 1. The Council used 1,973 mt as the baseline for the proposed trawl halibut PSC limit reductions. This is based on a deduction of 27 mt from the 2,000 mt trawl halibut PSC limit, per halibut PSC limit reductions made in conjunction with the implementation of the Central Gulf of Alaska Rockfish Program in 2011 (76 FR 81248, December 27, 2011). The Council recommended that the first year of implementation would occur in 2014 and that all reductions would occur by 2016. Amendment 95 would result in a new trawl sector halibut PSC limit of 1,848 mt (in 2014), 1,759 mt (in 2015), and 1,705 mt (in 2016 and later years). The hook-and-line sector halibut PSC limits may vary annually, as these limits are based on how the Pacific cod TAC is annually apportioned between the Central and Western regulatory areas of the GOA. Based on 2012 Pacific cod TACs in the Western and Central GOA the hook-and-line C/P sector would receive a 109 mt halibut PSC limit. The hook-and-line CV sector PSC limit would be 161 mt (in 2014), 152 mt (in 2015), and 147 mt (in 2016 and later years). Proposed Acceptable Biological Catch (ABC) and TAC Specifications In October 2012, the Council, its Scientific and Statistical Committee (SSC), and its Advisory Panel (AP) reviewed the most recent biological and harvest information about the condition of groundfish stocks in the GOA. This information was compiled by the GOA Groundfish Plan Team and presented in the final 2011 SAFE report for the GOA groundfish fisheries, dated November 2011 (see ADDRESSES). The amounts proposed for the 2013 and 2014 ABCs are based on the 2011 SAFE report, as discussed below. The AP and Council recommended that the proposed 2013 and 2014 TACs be set equal to proposed ABCs for all species and species groups, with the exception of the species categories further discussed below. The proposed ABCs and TACs could be changed in the final harvest specifications depending on the most recent scientific information contained in the final 2012 SAFE report. The SAFE report contains a review of the latest scientific analyses and estimates of each species’ biomass and other biological parameters, as well as summaries of the available information on the GOA ecosystem and the economic condition of the groundfish fisheries off Alaska. From these data and analyses, the Plan Team estimates an E:\FR\FM\05DEP1.SGM 05DEP1 tkelley on DSK3SPTVN1PROD with Federal Register / Vol. 77, No. 234 / Wednesday, December 5, 2012 / Proposed Rules OFL and ABC for each species or species group. In November 2012, the Plan Team updated the 2011 SAFE report to include new information collected during 2012, such as NMFS stock surveys, revised stock assessments, and catch data. The Plan Team compiled this information and produced the draft 2012 SAFE report for presentation at the December 2012 Council meeting. At that meeting, the Council will consider information in the draft 2012 SAFE report, recommendations from the November 2012 Plan Team meeting and December 2012 SSC and AP meetings, public testimony, and relevant written public comments in making its recommendations for the final 2013 and 2014 harvest specifications. Pursuant to section 3.2.3.4.1 of the FMP, the Council could recommend adjusting the TACs if ‘‘warranted on the basis of bycatch considerations, management uncertainty, or socioeconomic considerations, or if required in order to cause the sum of the TACs to fall within the OY range.’’ In previous years, the largest changes from the proposed to the final harvest specifications have been for OFLs and ABCs based on the most recent NMFS stock surveys, which provide updated estimates of stock biomass and spatial distribution, and changes to the models used for making stock assessments. NMFS scientists presented updated and new survey results, changes to assessment models, and accompanying stock estimates at the September 2012 Plan Team meeting, and the SSC reviewed this information at the October 2012 Council meeting. The species with possible model changes are Pacific cod, rex sole, dover sole, rock sole, sharks, and octopus. In November 2012, the Plan Team considered updated stock assessments for groundfish, which were included in the draft 2012 SAFE report. If the draft 2012 SAFE report indicates that the stock biomass trend is increasing for a species, then the final 2013 and 2014 harvest specifications for that species may reflect an increase from the proposed harvest specifications. The draft 2012 SAFE reports indicate that the biomass trend for octopuses may be increasing. Conversely, if the draft 2012 SAFE report indicates that the stock biomass trend is decreasing for a species, then the final 2013 and 2014 harvest specifications may reflect a decrease from the proposed harvest specifications. The draft 2012 SAFE reports indicate that the biomass trend for pollock, Pacific cod, sablefish, northern rockfish, other rockfish, and dusky rockfish may be decreasing. The biomass trends for the following species VerDate Mar<15>2010 16:40 Dec 04, 2012 Jkt 229001 are relatively stable: shallow-water flatfish, deep-water flatfish, rex sole, arrowtooth flounder, flathead sole, Pacific ocean perch, shortraker rockfish, rougheye rockfish, rougheye rockfish, demersal shelf rockfish, thornyhead rockfish, Atka mackerel, big skate, longnose skates, other skates, squids, sharks, and sculpins. The proposed ABCs and TACs are based on the best available biological and socioeconomic information, 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 ABCs and OFLs. The formulas applicable to a particular stock or stock complex are determined by the level of reliable information available to the 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. The SSC adopted the proposed 2013 and 2014 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 2013 harvest specifications published in the Federal Register on March 14, 2012 (77 FR 15194). Specification and Apportionment of TAC Amounts The Council recommended proposed 2013 and 2014 TACs that are equal to proposed ABCs for all species and species groups, with the exception of Pacific cod, shallow-water flatfish, arrowtooth flounder, flathead sole, other rockfish, and Atka mackerel. The Pacific cod TACs are set to accommodate the State of Alaska’s (State) guideline harvest levels (GHL) for Pacific cod so that the ABCs are not exceeded. The flathead sole, shallow-water flatfish, and arrowtooth flounder TACs are set to conserve the halibut PSC limit for use in other fisheries. The other rockfish TAC is set to reduce the potential amount of discards in the Southeast Outside (SEO) District. The Atka mackerel TAC is set to accommodate incidental catch amounts of this species in other directed fisheries. The ABC for the pollock stock in the combined Western, Central, and West Yakutat Regulatory Areas (W/C/WYK) has been adjusted to reflect the GHL established by the State for the Prince William Sound (PWS) pollock fishery PO 00000 Frm 00055 Fmt 4702 Sfmt 4702 72299 since its inception in 1995. Genetic studies revealed that the pollock in PWS was not a separate stock from the combined W/C/WYK population. Accordingly, the Council recommended decreasing the W/C/WYK pollock ABC to account for the State’s PWS GHL. For 2013 and 2014, the PWS GHL for pollock is 2,770 mt, per the recommendation of State of Alaska fisheries managers. The apportionment of annual pollock TAC among the Western and Central Regulatory Areas of the GOA reflects the seasonal biomass distribution and is discussed in greater detail below. The annual pollock TAC in the Western and Central Regulatory Areas of the GOA is apportioned among Statistical Areas 610, 620, and 630, and divided equally among each of the following four seasons: the A season (January 20 through March 10), the B season (March 10 through May 31), the C season (August 25 through October 1), and the D season (October 1 through November 1) (§ 679.23(d)(2)(i) through (iv), and § 679.20(a)(5)(iv)(A) and (B)). Table 2 lists these amounts. The AP, SSC, and Council recommended apportionment of the ABC for Pacific cod in the GOA among regulatory areas based on the three most recent NMFS summer trawl surveys. The proposed 2013 and 2014 Pacific cod TACs are affected by the State’s GHL fishery for Pacific cod in State waters in the Western and Central Regulatory Areas, as well as in PWS. The Plan Team, SSC, AP, and Council recommended that the sum of all State and Federal water Pacific cod removals from the GOA not exceed ABC recommendations. Accordingly, the Council recommended reducing the proposed 2013 and 2014 Pacific cod TACs from the proposed ABCs for the Eastern, Central, and Western Regulatory Areas to account for State GHLs. Therefore, the proposed 2013 and 2014 Pacific cod TACs are less than the proposed ABCs by the following amounts: (1) Eastern GOA, 683 mt; (2) Central GOA, 14,788 mt; and (3) Western GOA, 7,280 mt. These amounts reflect the sum of the State’s 2013 and 2014 GHLs in these areas, which are 25 percent of the Eastern, Central, and Western GOA proposed ABCs. These are the same percentage amounts used to apportion the Pacific cod ABCs to State waters GHLs that were used in 2012. NMFS also is proposing seasonal apportionments of the annual Pacific cod TACs in the Western and Central Regulatory Areas. Sixty percent of the annual TAC is apportioned to the A season for hook-and-line, pot, or jig gear from January 1 through June 10, and for E:\FR\FM\05DEP1.SGM 05DEP1 72300 Federal Register / Vol. 77, No. 234 / Wednesday, December 5, 2012 / Proposed Rules trawl gear from January 20 through June 10. Forty percent of the annual TAC is apportioned to the B season for jig gear from June 10 through December 31, for hook-and-line or pot gear from September 1 through December 31, and for trawl gear from September 1 through November 1 (§§ 679.23(d)(3) and 679.20(a)(12)). The Council’s recommendation for sablefish area apportionments also takes into account the prohibition on the use of trawl gear in the SEO District of the Eastern Regulatory Area and makes available five percent of the combined Eastern Regulatory Area TACs to trawl gear for use as incidental catch in other directed groundfish fisheries in the WYK District (§ 679.20(a)(4)(i)). Tables 4 and 5 list these amounts. The sum of the proposed TACs for all GOA groundfish is 447,752 mt for 2013 and 2014, which is within the OY range specified by the FMP. The sums of the proposed 2013 and 2014 TACs are higher than the final 2012 TACs currently specified for the GOA groundfish fisheries (77 FR 15194, March 14, 2012). The proposed 2013 and 2014 TACs for pollock, Pacific cod, flathead sole, and rougheye rockfish are higher than the final 2012 TACs for these species. The proposed 2013 and 2014 TACs for sablefish, shallow-water flatfish, rex sole, Pacific ocean perch, northern rockfish, and pelagic shelf rockfish are lower than the final 2012 TACs for these species. The proposed 2013 and 2014 TACs are equal to the final 2012 TACs for the remaining species. For 2013 and 2014, 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 levels. The sum of the proposed 2013 and 2014 ABCs for all assessed groundfish is 612,506 mt, which is higher than the final 2012 ABC total of 606,048 mt (77 FR 15194, March 14, 2012). Table 1 lists the proposed 2013 and 2014 OFLs, ABCs, TACs, and area apportionments of groundfish in the GOA. These amounts are consistent with the biological condition of groundfish stocks as described in the 2011 SAFE report, and adjusted for other biological and socioeconomic considerations, including maintaining the total TAC within the required OY range. These proposed amounts and apportionments by area, season, and sector are subject to change pending consideration of the draft 2012 SAFE report and the Council’s recommendations for the final 2013 and 2014 harvest specifications during its December 2012 meeting. TABLE 1—PROPOSED 2013 AND 2014 ABCS, TACS, AND OFLS OF GROUNDFISH FOR THE WESTERN/CENTRAL/WEST YAKUTAT (W/C/WYK), WESTERN (W), CENTRAL (C), EASTERN (E) REGULATORY AREAS, AND IN THE WEST YAKUTAT (WYK), SOUTHEAST OUTSIDE (SEO), AND GULFWIDE (GW) DISTRICTS OF THE GULF OF ALASKA [Values are rounded to the nearest metric ton] Area 1 Pollock 2 .......................................................... Shumagin (610) .............................................. Chirikof (620) .................................................. Kodiak (630) ................................................... WYK (640) ...................................................... W/C/WYK (subtotal) ....................................... SEO (650) ...................................................... Total ............................................................... n/a n/a n/a n/a 155,402 14,366 169,768 32,816 49,662 28,565 3,517 114,560 10,774 125,334 32,816 49,662 28,565 3,517 114,560 10,774 125,334 Pacific cod 3 .................................................... W .................................................................... C ..................................................................... E ..................................................................... Total ............................................................... n/a n/a n/a 108,000 29,120 59,150 2,730 91,000 21,840 44,363 2,047 68,250 Sablefish 4 ....................................................... W .................................................................... C ..................................................................... WYK ............................................................... SEO ................................................................ E (WYK and SEO) (subtotal) ......................... Total ............................................................... n/a n/a n/a n/a n/a 15,129 1,757 5,686 2,219 3,132 5,351 12,794 1,757 5,686 2,219 3,132 5,351 12,794 Shallow-water flatfish 6 .................................... W .................................................................... C ..................................................................... WYK ............................................................... SEO ................................................................ Total ............................................................... n/a n/a n/a n/a 56,781 20,171 21,012 3,950 1,350 46,483 13,250 18,000 3,950 1,350 36,550 Deep-water flatfish 5 ........................................ W .................................................................... C ..................................................................... WYK ............................................................... SEO ................................................................ Total ............................................................... n/a n/a n/a n/a 6,834 176 2,308 1,581 1,061 5,126 176 2,308 1,581 1,061 5,126 Rex sole .......................................................... tkelley on DSK3SPTVN1PROD with Species W .................................................................... C ..................................................................... WYK ............................................................... SEO ................................................................ Total ............................................................... n/a n/a n/a n/a 12,326 1,283 6,291 821 1,037 9,432 1,283 6,291 821 1,037 9,432 Arrowtooth flounder ......................................... W .................................................................... C ..................................................................... WYK ............................................................... n/a n/a n/a 27,386 142,591 21,074 14,500 75,000 6,900 VerDate Mar<15>2010 16:40 Dec 04, 2012 Jkt 229001 PO 00000 Frm 00056 Fmt 4702 OFL Sfmt 4702 E:\FR\FM\05DEP1.SGM ABC 05DEP1 TAC Federal Register / Vol. 77, No. 234 / Wednesday, December 5, 2012 / Proposed Rules 72301 TABLE 1—PROPOSED 2013 AND 2014 ABCS, TACS, AND OFLS OF GROUNDFISH FOR THE WESTERN/CENTRAL/WEST YAKUTAT (W/C/WYK), WESTERN (W), CENTRAL (C), EASTERN (E) REGULATORY AREAS, AND IN THE WEST YAKUTAT (WYK), SOUTHEAST OUTSIDE (SEO), AND GULFWIDE (GW) DISTRICTS OF THE GULF OF ALASKA—Continued [Values are rounded to the nearest metric ton] Area 1 Species OFL ABC TAC n/a 249,066 20,982 212,033 6,900 103,300 Flathead sole .................................................. W .................................................................... C ..................................................................... WYK ............................................................... SEO ................................................................ Total ............................................................... n/a n/a n/a n/a 60,219 15,518 26,205 4,623 1,735 48,081 8,650 15,400 4,623 1,735 30,408 Pacific ocean perch 7 ...................................... W .................................................................... C ..................................................................... WYK ............................................................... SEO ................................................................ E (WYK and SEO) (subtotal) ......................... Total ............................................................... 2,364 12,662 n/a n/a 3,995 19,021 2,050 10,985 1,650 1,815 n/a 16,500 2,050 10,985 1,650 1,815 n/a 16,500 Northern rockfish 8 9 ......................................... W .................................................................... C ..................................................................... E ..................................................................... Total ............................................................... n/a n/a n/a 6,152 2,017 3,136 n/a 5,153 2,017 3,136 n/a 5,153 Shortraker rockfish 11 ...................................... W .................................................................... C ..................................................................... E ..................................................................... Total ............................................................... n/a n/a n/a 1,441 104 452 525 1,081 104 452 525 1,081 Other rockfish 9 12 ............................................ W .................................................................... C ..................................................................... WYK ............................................................... SEO ................................................................ Total ............................................................... n/a n/a n/a n/a 5,305 44 606 230 3,165 4,045 44 606 230 200 1,080 Pelagic shelf rockfish 13 .................................. W .................................................................... C ..................................................................... WYK ............................................................... SEO ................................................................ Total ............................................................... n/a n/a n/a n/a 5,822 381 3,581 504 296 4,762 381 3,581 504 296 4,762 Rougheye rockfish 10 ....................................... W .................................................................... C ..................................................................... E ..................................................................... Total ............................................................... n/a n/a n/a 1,492 82 861 297 1,240 82 861 297 1,240 Demersal shelf rockfish 14 ............................... SEO ................................................................ 467 293 293 Thornyhead rockfish ....................................... W .................................................................... C ..................................................................... E ..................................................................... Total ............................................................... n/a n/a n/a 2,220 150 766 749 1,665 150 766 749 1,665 Atka mackerel ................................................. Big skates 15 .................................................... GW ................................................................. W .................................................................... C ..................................................................... E ..................................................................... Total ............................................................... 6,200 n/a n/a n/a 5,023 4,700 469 1,793 1,505 3,767 2,000 469 1,793 1,505 3,767 Longnose skates 16 ......................................... tkelley on DSK3SPTVN1PROD with SEO ................................................................ Total ............................................................... W .................................................................... C ..................................................................... E ..................................................................... Total ............................................................... n/a n/a n/a 3,500 70 1,879 676 2,625 70 1,879 676 2,625 Other skates 17 ................................................ Squids ............................................................. Sharks ............................................................. Octopus ........................................................... Sculpins ........................................................... GW GW GW GW GW 2,706 1,530 8,037 1,941 7,641 2,030 1,148 6,028 1,455 5,731 2,030 1,148 6,028 1,455 5,731 VerDate Mar<15>2010 16:40 Dec 04, 2012 Jkt 229001 PO 00000 ................................................................. ................................................................. ................................................................. ................................................................. ................................................................. Frm 00057 Fmt 4702 Sfmt 4702 E:\FR\FM\05DEP1.SGM 05DEP1 72302 Federal Register / Vol. 77, No. 234 / Wednesday, December 5, 2012 / Proposed Rules TABLE 1—PROPOSED 2013 AND 2014 ABCS, TACS, AND OFLS OF GROUNDFISH FOR THE WESTERN/CENTRAL/WEST YAKUTAT (W/C/WYK), WESTERN (W), CENTRAL (C), EASTERN (E) REGULATORY AREAS, AND IN THE WEST YAKUTAT (WYK), SOUTHEAST OUTSIDE (SEO), AND GULFWIDE (GW) DISTRICTS OF THE GULF OF ALASKA—Continued [Values are rounded to the nearest metric ton] Area 1 Species Total ......................................................... OFL ......................................................................... ABC 756,621 612,506 TAC 447,752 1 Regulatory areas and districts are defined at § 679.2. (W=Western Gulf of Alaska; C=Central Gulf of Alaska; E=Eastern Gulf of Alaska; WYK=West Yakutat District; SEO=Southeast Outside District; GW=Gulf-wide). 2 Pollock is apportioned in the Western/Central Regulatory Areas among three statistical areas. Table 2 lists the proposed 2013 and 2014 seasonal apportionments. In the West Yakutat and Southeast Outside Districts of the Eastern Regulatory Area, pollock is not divided into seasonal allowances. 3 Section 679.20(a)(12)(i) requires the allocation of the Pacific cod TACs in the Western and Central Regulatory Areas of the GOA among gear and operational sectors. The annual Pacific cod TAC is apportioned among various sectors 60 percent to the A season and 40 percent to the B season in the Western and Central Regulatory Areas of the GOA. In the Eastern Regulatory Area of the GOA, Pacific cod is allocated 90 percent for processing by the inshore component and 10 percent for processing by the offshore component. Table 3 lists the proposed 2013 and 2014 Pacific cod seasonal apportionments. 4 Sablefish is allocated to hook-and-line and trawl gear in 2013 and trawl gear in 2014. Tables 4 and 5 list the proposed 2013 and 2014 allocations of sablefish TACs. 5 ‘‘Deep-water flatfish’’ means Dover sole, Greenland turbot, Kamchatka flounder, and deep-sea sole. 6 ‘‘Shallow-water flatfish’’ means flatfish not including ‘‘deep-water flatfish,’’ flathead sole, rex sole, or arrowtooth flounder. 7 ‘‘Pacific ocean perch’’ means Sebastes alutus. 8 ‘‘Northern rockfish’’ means Sebastes polyspinous. For management purposes the 3 mt apportionment of ABC to the WYK District of the Eastern Gulf of Alaska has been included in the slope rockfish species group. 9 ‘‘Other rockfish’’ means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio), S. goodei (chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), S. variegatus (harlequin), S. wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S. zacentrus (sharpchin), S. jordani (shortbelly), S. brevispinis (silvergray), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus (vermilion), S. reedi (yellowmouth), S. entomelas (widow), and S. flavidus (yellowtail). In the Eastern GOA only, other rockfish also includes northern rockfish, S. polyspinous. 10 ‘‘Rougheye rockfish’’ means Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted). 11 ‘‘Shortraker rockfish’’ means Sebastes borealis. 12 ‘‘Other rockfish’’ in the Western and Central Regulatory Areas and in the West Yakutat District means slope rockfish and demersal shelf rockfish. The ‘‘other rockfish’’ species group in the SEO District means slope rockfish. 13 ‘‘Pelagic shelf rockfish’’ means Sebastes variabilis (dusky). 14 ‘‘Demersal shelf rockfish’’ means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper), S. maliger (quillback), S. helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye). 15 ‘‘Big skate’’ means Raja binoculata. 16 ‘‘Longnose skate’’ means Raja rhina. 17 ‘‘Other skates’’ means Bathyraja spp. tkelley on DSK3SPTVN1PROD with Proposed Apportionment of Reserves Section 679.20(b)(2) requires NMFS to set aside 20 percent of each TAC for pollock, Pacific cod, flatfish, skates, sharks, squids, sculpins, and octopuses in reserves for possible apportionment at a later date during the fishing year. In 2012, NMFS apportioned all of the reserves in the final harvest specifications. For 2013 and 2014, NMFS proposes reapportionment of all the reserves for pollock, Pacific cod, flatfish, skates, sharks, squids, sculpins, and octopuses in anticipation of the projected annual catch of these species. Table 1 reflects the apportionment of reserve amounts for these species and species groups. Each proposed TAC for the above mentioned species categories contains the full TAC recommended by the Council, since no reserve was created from the relevant species and species groups. Proposed Apportionments of Pollock TAC Among Seasons and Regulatory Areas, and Allocations for Processing by Inshore and Offshore Components In the GOA, pollock is apportioned by season and area, and is further allocated between inshore and offshore processing components. Pursuant to VerDate Mar<15>2010 21:04 Dec 04, 2012 Jkt 229001 § 679.20(a)(5)(iv)(B), the annual pollock TAC specified for the Western and Central Regulatory Areas of the GOA is apportioned into four equal seasonal allowances of 25 percent. As established by § 679.23(d)(2)(i) through (iv), the A, B, C, and D season allowances are available from January 20 through March 10, March 10 through May 31, August 25 through October 1, and October 1 through November 1, respectively. Pollock TACs in the Western and Central Regulatory Areas of the GOA are apportioned among Statistical Areas 610, 620, and 630, pursuant to § 679.20(a)(5)(iv)(A). In the A and B seasons, the apportionments are in proportion to the distribution of pollock biomass based on the four most recent NMFS winter surveys. In the C and D seasons, the apportionments are in proportion to the distribution of pollock biomass based on the four most recent NMFS summer surveys. For 2013 and 2014, the Council recommends, and NMFS proposes, averaging the winter and summer distribution of pollock in the Central Regulatory Area for the A season and instead of using the distribution based on only the winter surveys. The average is intended to PO 00000 Frm 00058 Fmt 4702 Sfmt 4702 reflect the migration patterns, distribution of pollock, and the performance of the fishery in the area during the A season for 2013 and 2014. During the A season, the apportionment is based on an adjusted estimate of the relative distribution of pollock biomass of approximately 23 percent, 55 percent, and 23 percent in Statistical Areas 610, 620, and 630, respectively. During the B season, the apportionment is based on the relative distribution of pollock biomass of approximately 23 percent, 67 percent, and 10 percent in Statistical Areas 610, 620, and 630, respectively. During the C and D seasons, the apportionment is based on the relative distribution of pollock biomass of approximately 36 percent, 28 percent, and 35 percent in Statistical Areas 610, 620, and 630, respectively. Within any fishing year, the amount by which a seasonal allowance is underharvested or overharvested may be added to, or subtracted from, subsequent seasonal allowances in a manner to be determined by the Regional Administrator (§ 679.20(a)(5)(iv)(B)). The rollover E:\FR\FM\05DEP1.SGM 05DEP1 Federal Register / Vol. 77, No. 234 / Wednesday, December 5, 2012 / Proposed Rules amount is limited to 20 percent of the unharvested seasonal apportionment for the statistical area. Any unharvested pollock above the 20 percent limit could be further distributed to the other statistical areas, in proportion to the estimated biomass in the subsequent season in those statistical areas (§ 679.20(a)(5)(iv)(B)). The proposed 2013 and 2014 pollock TACs in the WYK District of 3,517 mt and SEO District of 10,774 mt are not allocated by season. Section 679.20(a)(6)(i) requires the allocation of 100 percent of the pollock TAC in all regulatory areas and all seasonal allowances to vessels catching pollock for processing by the inshore component after subtraction of pollock amounts that are projected by the Regional Administrator to be caught incidentally by, or delivered to, the offshore component engaged in directed fishing for other groundfish species. Thus, the amount of pollock available for harvest by vessels harvesting pollock for processing by the offshore component is that amount that will be taken as incidental catch during directed fishing for groundfish species 72303 other than pollock, up to the maximum retainable amounts allowed under § 679.20(e) and (f). At this time, these incidental catch amounts of pollock are unknown and will be determined during the fishing year as NMFS monitors the fishing activities in the offshore component. Table 2 lists the proposed 2013 and 2014 seasonal biomass distribution of pollock in the Western and Central Regulatory Areas, area apportionments, and seasonal allowances. The amounts of pollock for processing by the inshore and offshore components are not shown. TABLE 2—PROPOSED 2013 AND 2014 DISTRIBUTION OF POLLOCK IN THE CENTRAL AND WESTERN REGULATORY AREAS OF THE GULF OF ALASKA; SEASONAL BIOMASS DISTRIBUTION, AREA APPORTIONMENTS, AND SEASONAL ALLOWANCES OF ANNUAL TAC 1 [Values are rounded to the nearest metric ton] Season 2 Shumagin (Area 610) Chirikof (Area 620) Kodiak (Area 630) Total A (Jan 20–Mar 10) ................................... B (Mar 10–May 31) .................................. C (Aug 25–Oct 1) ..................................... D (Oct 1–Nov 1) ....................................... 6,285 6,285 10,123 10,123 (22.64%) (22.64%) (36.47%) (36.47%) 15,202 18,668 7,896 7,896 (54.76%) (67.25%) (28.44%) (28.44%) 6,274 2,806 9,743 9,743 (21.15%) (10.11%) (32.19%) (32.19%) 27,761 27,760 27,761 27,761 Annual Total 3 ........................................... 34,816 .................... 49,662 .................... 28,565 .................... 111,043 1 Area apportionments and seasonal allowances may not total precisely due to rounding. established by § 679.23(d)(2)(i) through (iv), the A, B, C, and D season allowances are available from January 20 to March 10, March 10 to May 31, August 25 to October 1, and October 1 to November 1, respectively. The amounts of pollock for processing by the inshore and offshore components are not shown in this table. 3 The WYK and SEO District pollock TACs are not allocated by season and are not included in the total pollock TACs shown in this table. 2 As tkelley on DSK3SPTVN1PROD with Proposed Annual and Seasonal Apportionments of Pacific Cod Section 679.20(a)(12)(i) requires the allocation among gear and operational sectors of the Pacific cod TACs in the Western and Central Regulatory Areas of the GOA. Section 679.20(a)(6)(ii) requires the allocation between the inshore and offshore components of the Pacific cod TACs in the Eastern Regulatory Area of the GOA. NMFS allocates the proposed 2013 and 2014 Pacific cod TAC based on these sector allocations annually between the inshore and offshore components in the Eastern GOA; seasonally between vessels using jig gear, CVs less than 50 feet in length overall using hook-andline gear, CVs equal to or greater than 50 in length overall using hook-and-line gear, C/Ps using hook-and-line gear, CVs using trawl gear, C/Ps using trawl gear, and vessels using pot gear in the Central GOA; and seasonally between vessels using jig gear, CVs using hook-and-line gear, C/Ps using hook-and-line gear, CVs using trawl gear, and vessels using pot gear in the Western GOA. The overall seasonal apportionments in the Western and Central GOA are 60 percent of the VerDate Mar<15>2010 18:31 Dec 04, 2012 Jkt 229001 annual TAC to the A season and 40 percent of the annual TAC to the B season. Under § 679.20(a)(12)(ii), any overage or underage of the Pacific cod allowance from the A season will be subtracted from, or added to, the subsequent B season allowance. In addition, any portion of the hook-and-line, trawl, pot, or jig sector allocations that are determined by NMFS as likely to go unharvested by a sector may be reapportioned to other sectors for harvest during the remainder of the fishery year. Pursuant to § 679.20(a)(12)(i) NMFS proposes the allocations of the proposed 2013 and 2014 Pacific cod TACs in the Western and Central Regulatory Areas of the GOA. In accordance with the FMP, the annual jig sector allocations may increase to up to 6 percent of the annual Western and Central GOA Pacific cod TACs depending on the annual performance of the jig sector (See Table 1 of Amendment 83 to the FMP for a detailed discussion of the jig sector allocation process (76 FR 74670, December 1, 2011)). NMFS proposes that the jig sector would receive 2.5 PO 00000 Frm 00059 Fmt 4702 Sfmt 4702 percent of the annual Pacific cod TAC in the Western GOA. This includes a base allocation of 1.5 percent and an additional 1.0 percent because this sector harvested greater than 90 percent of its initial 2012 allocation in the Western GOA. NMFS also proposes that the jig sector would receive 2.0 percent of the annual Pacific cod TAC in the Central GOA. This also is because this sector harvested greater than 90 percent of its initial 2012 allocation in the Central GOA. The jig sector allocations are further apportioned between the A (60 percent) and B (40 percent) season. The sector allocations based on gear type, operation type, and vessel length overall are allocated the remainder of the annual Pacific cod TAC in the Western and Central GOA. These amounts are slightly less than the 2013 sector and seasonal amounts established in the final 2012 and 2013 harvest specifications (77 FR 15195, March 14, 2012), due to the proposed increase in the jig apportionments in the Western and Central GOA. Table 3 lists the seasonal apportionments and allocations of the proposed 2013 and 2014 Pacific cod TACs. E:\FR\FM\05DEP1.SGM 05DEP1 72304 Federal Register / Vol. 77, No. 234 / Wednesday, December 5, 2012 / Proposed Rules TABLE 3—PROPOSED 2013 AND 2014 SEASONAL APPORTIONMENTS AND ALLOCATIONS OF PACIFIC COD TAC AMOUNTS TO GEAR TYPES, OPERATIONAL TYPES, AND VESSEL LENGTH OVERALL IN THE WESTERN AND CENTRAL GULF OF ALASKA AND ALLOCATIONS FOR PROCESSING BY THE INSHORE AND OFFSHORE COMPONENTS IN THE EASTERN GULF OF ALASKA [Values are rounded to the nearest metric ton] A Season Annual allocation (mt) Regulatory area and sector Western GOA: Jig (2.5% of TAC) ......................................................... Hook-and-line CV ......................................................... Hook-and-line C/P ........................................................ Trawl CV ....................................................................... Trawl C/P ...................................................................... Pot CV and Pot C/P ..................................................... Total ....................................................................... Central GOA: Jig (2.0% of TAC) ......................................................... Hook-and-line < 50 CV ................................................. Hook-and-line ≥ 50 CV ................................................. Hook-and-line C/P ........................................................ Trawl CV ....................................................................... Trawl C/P ...................................................................... Pot CV and Pot C/P ..................................................... Total ....................................................................... Eastern GOA ........................................................................ Sector % of annual nonjig TAC B Season Seasonal allowances (mt) Seasonal allowances (mt) 546 298 4,216 8,177 511 8,092 21,840 N/A 0.70 10.90 27.70 0.90 19.80 60.00 328 149 2,321 5,898 192 4,216 13,104 N/A 0.70 8.90 10.70 1.50 18.20 40.00 218 149 1,895 2,278 319 3,876 8,736 887 6,348 2,916 2,219 18,079 1,825 12,088 44,363 N/A 9.32 5.61 4.11 21.13 2.00 17.83 60.00 532 4,050 2,439 1,785 9,189 871 7,752 26,168 N/A 5.29 1.10 1.00 20.45 2.19 9.97 40.00 355 2,298 477 434 8,890 954 4,337 17,745 ........................ Inshore (90% of Annual TAC) 2,047 Proposed Allocations of the Sablefish TAC Amounts to Vessels Using Hookand-Line and Trawl Gear Section 679.20(a)(4)(i) and (ii) require allocations of sablefish TACs for each of the regulatory areas and districts to hook-and-line and trawl gear. In the Western and Central Regulatory Areas, 80 percent of each TAC is allocated to hook-and-line gear, and 20 percent of each TAC is allocated to trawl gear. In the Eastern Regulatory Area, 95 percent of the TAC is allocated to hook-and-line gear and 5 percent is allocated to trawl gear. The trawl gear allocation in the Eastern GOA may only be used to support incidental catch of sablefish in directed fisheries for other target species (§ 679.20(a)(4)(i)). In recognition of the prohibition against trawl gear in the SEO District of the Eastern Regulatory Area, the Council recommended and NMFS proposes the allocation of 5 percent of the combined Eastern Regulatory Area sablefish TAC Sector % of annual nonjig TAC Offshore (10% of Annual TAC) 1,842 to trawl gear in the WYK District making the remainder of the WYK sablefish TAC available to vessels using hook-and-line gear. As a result, NMFS proposes to allocate 100 percent of the sablefish TAC in the SEO District to vessels using hook-and-line gear. This recommendation results in a proposed 2013 allocation of 268 mt to trawl gear and 5,083 mt to hook-and-line gear in the Eastern GOA. Table 4 lists the allocations of the proposed 2013 sablefish TACs to hook-and-line and trawl gear. Table 5 lists the allocations of the proposed 2014 sablefish TACs to trawl gear. The Council recommended that the hook-and-line sablefish TAC be established annually to ensure that the Individual Fishery Quota (IFQ) fishery is conducted concurrent with the halibut IFQ fishery and is based on the most recent survey information. The Council also recommended that only the trawl sablefish TAC be established for 205 two years so that retention of incidental catch of sablefish by trawl gear could commence in January in the second year of the groundfish harvest specifications. Since there is an annual NMFS survey and assessment for sablefish and the final harvest specifications are expected to be published before the IFQ season begins (typically, in early March), the Council recommended that the sablefish TAC be set on an annual basis so that the best and most recent scientific information could be considered in recommending the ABCs and TACs. With the exception of the trawl allocations that were provided to the Rockfish Program cooperatives, directed fishing for sablefish is closed for trawl gear for the fishing year. Also, fishing for groundfish with trawl gear is prohibited prior to January 20. Therefore, it is not likely that the sablefish allocation to trawl gear would be reached before the effective date of the final harvest specifications. TABLE 4—PROPOSED 2013 SABLEFISH TAC AMOUNTS IN THE GULF OF ALASKA AND ALLOCATIONS TO HOOK-AND-LINE AND TRAWL GEAR tkelley on DSK3SPTVN1PROD with [Values are rounded to the nearest metric ton] Area/district Western ........................................................................................................................................ Central ......................................................................................................................................... West Yakutat 1 ............................................................................................................................. VerDate Mar<15>2010 16:40 Dec 04, 2012 Jkt 229001 PO 00000 Hook-and-line allocation TAC Frm 00060 Fmt 4702 Sfmt 4702 E:\FR\FM\05DEP1.SGM 1,757 5,686 2,219 05DEP1 1,406 4,549 1,951 Trawl allocation 351 1,137 268 Federal Register / Vol. 77, No. 234 / Wednesday, December 5, 2012 / Proposed Rules 72305 TABLE 4—PROPOSED 2013 SABLEFISH TAC AMOUNTS IN THE GULF OF ALASKA AND ALLOCATIONS TO HOOK-AND-LINE AND TRAWL GEAR—Continued [Values are rounded to the nearest metric ton] Area/district Hook-and-line allocation TAC Trawl allocation Southeast Outside ....................................................................................................................... 3,132 3,132 0 Total ...................................................................................................................................... 12,794 11,038 1,756 1 The proposed trawl allocation is based on allocating 5 percent of the combined Eastern Regulatory Area (West Yakutat and Southeast Outside districts combined) sablefish TAC to trawl gear in the West Yakutat district. TABLE 5—PROPOSED 2014 SABLEFISH TAC AMOUNTS IN THE GULF OF ALASKA AND ALLOCATION TO TRAWL GEAR 1 [Values are rounded to the nearest metric ton] Area/district Hook-and-line allocation TAC Trawl allocation Western ........................................................................................................................................ Central ......................................................................................................................................... West Yakutat 2 ............................................................................................................................. Southeast Outside ....................................................................................................................... 1,757 5,686 2,219 3,132 n/a n/a n/a n/a 351 1,137 268 0 Total ...................................................................................................................................... 12,794 n/a 1,756 1 The Council recommended that harvest specifications for the hook-and-line gear sablefish Individual Fishing Quota fisheries be limited to 1 year. 2 The proposed trawl allocation is based on allocating 5 percent of the combined Eastern Regulatory Area (West Yakutat and Southeast Outside districts combined) sablefish TAC to trawl gear in the West Yakutat district. Proposed Apportionments to the Central GOA Rockfish Program These proposed 2013 and 2014 groundfish harvest specifications for the GOA include the various fishery cooperative allocations and sideboard limitations established by the Central GOA Rockfish Program. Under the Rockfish Program, the rockfish primary species (Pacific ocean perch, northern rockfish, and pelagic shelf rockfish) are allocated to participants after deducting for incidental catch needs in other directed groundfish fisheries. The Rockfish Program assigns quota share and cooperative quota to participants for primary and secondary species, allows a participant holding a license limitation program (LLP) license with rockfish quota share to form a rockfish cooperative with other persons, and allows holders of C/P LLP licenses to opt-out of the fishery. The Rockfish Program also has an entry level fishery for rockfish primary species for vessels using longline gear. Additionally, the Rockfish Program continues to establish sideboard limits to limit the ability of harvesters operating under the Rockfish Program from increasing their participation in other, non-Rockfish Program fisheries. Besides groundfish species, the Rockfish Program allocates a portion of the halibut PSC limit from the third season deep-water species fishery allowance for the GOA trawl fisheries to Rockfish Program participants (§ 679.81(d)). This includes 117 mt to the CV sector and 74 mt to the C/P sector. Section 679.81(a)(2)(ii) requires allocations of 5 mt of Pacific ocean perch, 5 mt of northern rockfish, and 30 mt of pelagic shelf rockfish to the entry level longline fishery in 2013 and 2014. The allocation for the entry level longline fishery would increase incrementally each year if the catch exceeds 90 percent of the allocation of a species. The incremental increase in the allocation would continue each year until it the maximum percent of the TAC for that species. In 2012, the catch did not exceed 90 percent of any allocated rockfish species. Therefore, NMFS is not proposing an increase to the entry level longline fishery 2013 and 2014 allocations in the Central GOA. Longline gear includes hook-and-line, jig, troll, and handline gear. The remainder of the TACs for the rockfish primary species would be allocated to the CV and C/P cooperatives. Table 6 lists the allocations of the proposed 2013 and 2014 TACs for each rockfish primary species to the entry level longline fishery, the incremental increase for future years, and the maximum percent of the TAC for the entry level longline fishery. TABLE 6—PROPOSED 2013 AND 2014 ALLOCATIONS OF ROCKFISH PRIMARY SPECIES TO THE ENTRY LEVEL LONGLINE FISHERY IN THE CENTRAL GULF OF ALASKA tkelley on DSK3SPTVN1PROD with Rockfish primary species Allocations of the proposed 2013 and 2014 TAC Incremental increase per season if catch exceeds 90 percent of the allocation Pacific ocean perch .................................. Northern rockfish ....................................... Pelagic shelf rockfish ................................ 5 metric tons ............................................. 5 metric tons ............................................. 30 metric tons ........................................... 5 metric tons ............................................. 5 metric tons ............................................. 20 metric tons ........................................... VerDate Mar<15>2010 16:40 Dec 04, 2012 Jkt 229001 PO 00000 Frm 00061 Fmt 4702 Sfmt 4702 E:\FR\FM\05DEP1.SGM 05DEP1 Up to maximum percent of TAC 1 2 5 72306 Federal Register / Vol. 77, No. 234 / Wednesday, December 5, 2012 / Proposed Rules NMFS proposes allocations of rockfish primary species among various components of the Rockfish Program. Table 7 lists the proposed 2013 and 2014 allocations of rockfish in the Central GOA to the entry level longline fishery and other participants in the Rockfish Program, which include CV and C/P cooperatives. NMFS also proposes setting aside incidental catch amounts (ICAs) for other directed fisheries in the Central GOA of 900 mt of Pacific ocean perch, 125 mt of northern rockfish, and 125 mt of pelagic shelf rockfish. These amounts are based on recent average incidental catches in the Central GOA by other groundfish fisheries. Allocations between vessels belonging to CV or C/P cooperatives are not included in these proposed harvest specifications. Rockfish Program applications for CV cooperatives, C/P cooperatives, and C/Ps electing to opt- out of the program are not due to NMFS until March 1 of each calendar year, thereby preventing NMFS from calculating 2013 and 2014 allocations in conjunction with these proposed harvest specifications. NMFS will post these allocations on the Alaska Region Web site at (https:// alaskafisheries.noaa.gov/ sustainablefisheries/goarat/default.htm) when they become available after March 1. TABLE 7—PROPOSED 2013 AND 2014 ALLOCATIONS OF ROCKFISH PRIMARY SPECIES IN THE CENTRAL GULF OF ALASKA TO THE ENTRY LEVEL LONGLINE FISHERY AND OTHER PARTICIPANTS IN THE ROCKFISH PROGRAM [Values are rounded to the nearest metric ton] Rockfish primary species Incidental catch allowance TAC TAC minus ICA Initial allocation to the entry level longline1 fishery Other rockfish program participants 2 allocation Pacific ocean perch ............................................................. Northern rockfish .................................................................. Pelagic shelf rockfish ........................................................... 10,985 3,136 3,581 900 125 125 10,085 3,011 3,456 5 5 30 10,080 3,006 3,426 Total .............................................................................. 17,702 1,150 16,552 40 16,512 1 Longline 2 Other gear includes hook-and-line, jig, troll, and handline gear (see 679.2 Definitions: Longline gear). Rockfish Program participants include vessels in CV and C/P cooperatives. Section 679.81(c) requires allocations of rockfish secondary species to program participants in the Central GOA. CV cooperatives receive allocations of Pacific cod, sablefish from the trawl gear allocation, and thornyhead rockfish. C/P cooperatives receive allocations of sablefish from the trawl allocation, rougheye rockfish, shortraker rockfish, and thornyhead rockfish. Table 8 lists the apportionments of the proposed 2013 and 2014 TACs of rockfish secondary species in the Central GOA to CV and C/P cooperatives. TABLE 8—PROPOSED 2013 AND 2014 APPORTIONMENTS OF ROCKFISH SECONDARY SPECIES IN THE CENTRAL GOA TO CV AND C/P COOPERATIVES [Values are in metric tons] CV cooperatives Central GOA annual TAC Rockfish secondary species Pacific cod ............................................................................ Sablefish .............................................................................. Shortraker rockfish ............................................................... Rougheye rockfish ............................................................... Thornyhead rockfish ............................................................ tkelley on DSK3SPTVN1PROD with Proposed Halibut Prohibited Species Catch (PSC) Limits Section 679.21(d) establishes annual halibut PSC limit apportionments to trawl and hook-and-line gear, and authorizes the establishment of apportionments for pot gear. In October 2012, the Council recommended proposed halibut PSC limits of 1,973 mt for trawl gear and 300 mt for hook-andline gear for the 2013 and 2014 groundfish fisheries. This is a result of a 27 mt reduction to the halibut PSC apportionment to trawl gear fisheries incorporated in the Rockfish Program VerDate Mar<15>2010 16:40 Dec 04, 2012 Jkt 229001 Percentage of TAC Apportionment (mt) Percentage of TAC Apportionment (mt) 3.81 6.78 N/A N/A 7.84 1,690 386 N/A N/A 60 N/A 3.51 40.00 58.87 26.50 N/A 200 181 507 203 44,363 5,686 452 861 766 (76 FR 81248, December 27, 2011) and specified in Table 28d to 50 CFR part 679. As discussed previously in this preamble, at its June 2012 meeting the Council took action to further reduce the GOA halibut PSC limits. Implementation of those reductions may lead to adjustments or reductions to the 2014 halibut PSC limits proposed in this action at the beginning of 2014. Ten mt of the 300 mt hook-and-line halibut PSC limit is further allocated to the demersal shelf rockfish (DSR) fishery in the SEO District. The DSR fishery is defined at § 679.21(d)(4)(iii)(A). This fishery has PO 00000 Frm 00062 Fmt 4702 C/P cooperatives Sfmt 4702 been apportioned 10 mt of the halibut PSC limit in recognition of its smallscale harvests of groundfish. Most vessels in the DSR fishery are less than 60 ft (18.3 m) length overall and have been exempt from observer coverage. Therefore, observer data are not available to verify actual halibut bycatch amounts. NMFS estimates low halibut bycatch in the DSR fishery because (1) the duration of the DSR fisheries and the gear soak times are short, (2) the DSR fishery occurs in the winter when less overlap occurs in the distribution of DSR and halibut, and (3) the directed commercial DSR fishery has a low DSR E:\FR\FM\05DEP1.SGM 05DEP1 Federal Register / Vol. 77, No. 234 / Wednesday, December 5, 2012 / Proposed Rules 72307 halibut IFQ permits and are therefore required to retain the halibut they catch while fishing sablefish IFQ, and (4) NMFS estimates negligible halibut mortality for the jig gear fisheries. NMFS estimates halibut mortality is negligible in the jig gear fisheries given the small amount of groundfish harvested by jig gear (averaging 297 mt annually from 2003 through 2011), the selective nature of jig gear, and the high survival rates of halibut caught and released with jig gear. Section 679.21(d)(5) authorizes NMFS to seasonally apportion the halibut PSC limits after consultation with the Council. The FMP and regulations require that the Council and NMFS consider the following information in seasonally apportioning halibut PSC limits: (1) Seasonal distribution of halibut, (2) seasonal distribution of target groundfish species relative to halibut distribution, (3) expected halibut bycatch needs on a seasonal basis relative to changes in halibut biomass and expected catch of target groundfish species, (4) expected bycatch rates on a seasonal basis, (5) expected changes in directed groundfish fishing seasons, (6) expected actual start of fishing effort, and (7) economic effects of establishing seasonal halibut allocations on segments of the target groundfish industry. The final 2012 and 2013 harvest specifications (77 FR 15194, March 14, 2012) summarized the Council’s and NMFS’ findings with respect to halibut PSC for each of these FMP considerations. The Council’s and NMFS’ findings for 2013 and 2014 are unchanged from 2012, with one exception. As previously mentioned, the total trawl gear PSC limit has been adjusted to 1,973 mt from 2,000 mt. Table 9 lists the proposed 2013 and 2014 Pacific halibut PSC limits, allowances, and apportionments. Section 679.21(d)(5)(iii) and (iv) specify that any underages or overages of a seasonal apportionment of a PSC limit will be deducted from or added to the next respective seasonal apportionment within the fishing year. Section 679.21(d)(3)(ii) authorizes further apportionment of the trawl halibut PSC limit to trawl fishery categories. The annual apportionments are based on each category’s proportional share of the anticipated halibut bycatch mortality during a fishing year and optimization of the total amount of groundfish harvest under the halibut PSC limit. The fishery categories for the trawl halibut PSC limits are (1) a deep-water species category, composed of sablefish, rockfish, deep-water flatfish, rex sole, and arrowtooth flounder; and (2) a shallow-water species category, composed of pollock, Pacific cod, shallow-water flatfish, flathead sole, Atka mackerel, and ‘‘other species’’ (skates, sharks, squids, sculpins, and octopuses) (§ 679.21(d)(3)(iii)). Table 10 lists the proposed 2013 and 2014 seasonal apportionments of trawl halibut PSC limits between the deepwater and the shallow-water species categories. Based on public comment and information presented in the final 2012 SAFE report, the Council may recommend or NMFS may make changes to the seasonal, gear-type, or fishery category apportionments of halibut PSC limits for the final 2013 and 2014 harvest specifications. VerDate Mar<15>2010 16:40 Dec 04, 2012 Jkt 229001 PO 00000 Frm 00063 Fmt 4702 Sfmt 4702 E:\FR\FM\05DEP1.SGM 05DEP1 EP05DE12.005</GPH> tkelley on DSK3SPTVN1PROD with TAC. The Alaska Department of Fish and Game sets the GHL for the DSR fishery after estimates of DSR incidental catch in all fisheries (including halibut and subsistence) and allocation to the DSR sport fish fishery have been deducted. Of the 293 mt TAC for DSR in 2012, 128 mt were available for the DSR commercial directed fishery, of which 105 mt were harvested. The FMP authorizes the Council to exempt specific gear from the halibut PSC limit. NMFS, after consultation with the Council, proposes to exempt pot gear, jig gear, and the sablefish IFQ hook-and-line gear fishery categories from the non-trawl halibut PSC limit for 2013 and 2014. The Council recommended and NMFS is proposing these exemptions because: (1) Pot gear fisheries have low annual halibut bycatch mortality (averaging 19 mt annually from 2001 through 2010), (2) IFQ program regulations prohibit discard of halibut if any halibut IFQ permit holder on board a CV holds unused halibut IFQ (§ 679.7(f)(11)), (3) sablefish IFQ fishermen typically hold 72308 Federal Register / Vol. 77, No. 234 / Wednesday, December 5, 2012 / Proposed Rules Section 679.21(d)(4) requires the ‘‘other than DSR’’ halibut PSC apportionment to vessels using hookand-line gear must be apportioned between CVs and C/Ps. NMFS must calculate the halibut PSC limit apportionments for the entire GOA to hook-and-line CVs and C/Ps in accordance with § 679.21(d)(4)(iii)(B)(1) and (2) in conjunction with these harvest specifications. A comprehensive description and example of the calculations necessary to apportion the ‘‘other than DSR’’ hook-and-line halibut PSC limit between the hook-and-line CV and C/P sectors were included in the proposed rule to implement Amendment 83 (76 FR 44700, July 26, 2011) and is not repeated here. For 2013 and 2014, NMFS proposes that hook-and-line CV and hook-andline C/P sectors receive annual halibut PSC limits of 173 mt and 117 mt, respectively. In addition, these annual limits are divided between three seasonal apportionments, using seasonal percentages of 86 percent, 2 percent, and 12 percent. Table 11 lists the proposed annual limits and seasonal apportionments. No later than November 1 of each year, NMFS would calculate the projected unused amount of halibut PSC limit by either of the hook-and-line sectors for the remainder of the year. The projected unused amount of halibut PSC limit would be made available to the other hook-and-line sector for the remainder of that fishing year. TABLE 11—PROPOSED 2013 AND 2014 APPORTIONMENTS OF THE ‘‘OTHER HOOK-AND-LINE FISHERIES’’ HALIBUT PSC ALLOWANCE BETWEEN THE HOOK-AND-LINE GEAR CATCHER VESSEL AND CATCHER/PROCESSOR SECTORS [Values are in metric tons] Hook-and-line sector 290 .................... Catcher Vessel .................. 59.69 173 Catcher/Processor ............ 40.31 117 tkelley on DSK3SPTVN1PROD with Estimated Halibut Bycatch in Prior Years The best available information on estimated halibut bycatch is data collected by fisheries observers during 2012. The calculated halibut bycatch mortality through October 20, 2012, is 1,573 mt for trawl gear, 152 mt for hook- VerDate Mar<15>2010 16:40 Dec 04, 2012 Jkt 229001 Sector annual amount January 1–June 10 ........... June 10–September 1 ...... September 1–December 31. January 1–June 10 ........... June 10–September 1 ...... September 1–December 31. and-line gear, and 38 mt for pot gear for a total halibut mortality of 1,763 mt. This halibut mortality was calculated using groundfish and halibut catch data from the NMFS Alaska Region’s catch accounting system. This system contains historical and recent catch information compiled from each Alaska groundfish fishery. PO 00000 Frm 00064 Fmt 4702 Sfmt 4702 Seasonal percentage Season Sector seasonal amount 86 2 12 149 3 21 86 2 12 101 2 14 Halibut bycatch restrictions seasonally constrained trawl gear fisheries during the 2012 fishing year. Table 12 displays the closure dates for fisheries that resulted from the attainment of seasonal or annual halibut PSC limits. NMFS does not know the amount of groundfish that trawl gear might have harvested if halibut PSC E:\FR\FM\05DEP1.SGM 05DEP1 EP05DE12.006</GPH> Percent of annual allowance ‘‘Other than DSR’’ allowance Federal Register / Vol. 77, No. 234 / Wednesday, December 5, 2012 / Proposed Rules 72309 limits had not restricted some 2012 GOA groundfish fisheries. TABLE 12—2012 FISHERY CLOSURES DUE TO ATTAINMENT OF PACIFIC HALIBUT PSC LIMITS Fishery category Opening date Closure date Trawl Shallow-water, Amendment 80 vessels, season 1. Trawl Shallow-water,1 season 1. Trawl Deep-water,1 season 2. Trawl Shallow-water, season 2. Trawl Shallow-water, season 3. Trawl Shallow-water,1 season 4. Hook-and-line gear, all sectors and targets 2. January 20, 2012 .............. February 24, 2012 ............. 77 FR 12213, February 29, 2012. January 20, 2012 .............. March 26, 2012 ................. 77 FR 19146, March 30, 2012. April 1, 2012 ...................... April 19, 2012 .................... 77 FR 24154, April 23, 2012. April 1, 2012 ...................... May 31, 2012 .................... 77 FR 33103, June 5, 2012. July 1, 2012 ....................... July 14, 2012 ..................... 77 FR 42193, July 18, 2012. September 1, 2012 ............ September 2, 2012 ............ 77 FR 54837, September 6, 2012. January 1, 2012 ................ Remains open. 1 2 With the exception of vessels participating in the Central GOA Rockfish Program and vessels fishing for pollock using pelagic trawl gear. With the exception of the IFQ sablefish fishery, which is open March 17, 2012, through November 7, 2012. Current Estimates of Halibut Biomass and Stock Condition tkelley on DSK3SPTVN1PROD with Federal Register citation The International Pacific Halibut Commission (IPHC) annually assesses the abundance and potential yield of the Pacific halibut using all available data from the commercial and sport fisheries, other removals, and scientific surveys. Additional information on the Pacific halibut stock assessment may be found in the IPHC’s 2011 Pacific halibut stock assessment (December 2011), available on the IPHC Web site at www.iphc.int. The IPHC considered the 2011 Pacific halibut stock assessment for 2012 at its January 2012 annual meeting when it set the 2012 commercial halibut fishery catch limits. The IPHC will consider the 2012 Pacific halibut stock assessment for 2013 at its January 2013 annual meeting when it set the 2013 commercial halibut fishery catch limits. The halibut resource is fully utilized. Recent catches in the commercial halibut fisheries in Alaska over the last 18 years (1994 through 2011) have averaged 31,535 mt round weight per year. In January 2012, the IPHC recommended Alaska commercial catch limits totaling 15,430 mt round weight for 2012, a 21.5 percent decrease from 19,662 mt in 2011. Through December 31, 2011, commercial hook-and-line harvests of halibut off Alaska totaled 19,140 mt round weight. The IPHC staff recommendations for commercial catch limits continue to be based on applying the Slow Up—Full Down policy of a 33 percent increase from the previous year’s catch limits when stock yields are projected to increase, but uses a 100 percent decrease in recommended catch when stock yields are projected to VerDate Mar<15>2010 16:40 Dec 04, 2012 Jkt 229001 decrease, as was done for the 2011 fishery. The 2012 commercial halibut catch limits were lower in all Alaska regions except Area 2C. The largest decreases in the 2012 catch limit recommendations for Alaska were for Area 3A, from 8,685 mt round weight in 2011 to 7,208 mt round weight in 2012; for Area 3B, from 4,542 mt in 2011 to 3,066 mt in 2012; for Area 4A, from 1,458 mt in 2011 to 948 mt in 2012; for Area 4B, from 1,318 mt in 2011 to 1,130 mt in 2012; and for combined Areas CDE, from 2,250 mt in 2011 to 1,491 mt in 2012. The only increase in catch limit recommendations in Alaska was for Area 2C, from 1,409 mt round weight in 2011 to 1,587 mt round weight in 2012. Additional information on the Pacific halibut stock assessment may be found in the IPHC’s 2011 Pacific halibut stock assessment (December 2011), available on the IPHC Web site at https:// www.iphc.int. The IPHC will consider the 2012 Pacific halibut stock assessment at its January 2013 annual meeting when it will set the 2013 commercial halibut fishery catch limits. Other Considerations Associated With Halibut PSC The IPHC determines the allowable directed commercial catch by first accounting for recreational and subsistence catch, waste, and bycatch mortality, and then provides the remainder to the directed fishery. Accordingly, the IPHC will adjust the allowable 2013 commercial catch of halibut to account for the overall halibut PSC limit established for groundfish fisheries. NMFS expects the 2013 GOA groundfish fisheries to use the entire PO 00000 Frm 00065 Fmt 4702 Sfmt 4702 proposed annual halibut PSC limit of 2,273 mt. Methods available for reducing halibut bycatch include (1) consistent monitoring through publication of vessel specific bycatch rates on the NMFS Alaska Region Web site at https://alaskafisheries.noaa.gov, (2) modifications to gear, (3) changes in groundfish fishing seasons, (4) individual transferable quota programs, and (5) time/area closures. With respect to fishing gear modifications, NMFS has implemented various regulations to address halibut bycatch concerns that are associated with different gear types. The definitions of the various gear types defined at § 679.2 under ‘‘Authorized fishing gear’’ delineate a variety of different requirements and restrictions by gear type. Many of these requirements are intended to decrease or minimize halibut bycatch by pot, trawl, and hook-and-line gear. For example, groundfish pots must be constructed with biodegradable panels and tunnel openings to reduce halibut bycatch, thereby reducing halibut mortality in the groundfish pot fisheries. Further, the definition of ‘‘pelagic trawl gear’’ includes specific construction parameters and performance characteristics that distinguish it from nonpelagic trawl gear, which is designed for use in proximity to the seafloor. Because halibut bycatch by pelagic trawl gear is minimal, directed fishing for pollock with pelagic trawl gear may continue even when the halibut PSC limit for the shallow-water species fishery is reached (see § 679.21(d)(7)(i)). Finally, all hook-andline vessel operators are required to employ careful release measures when E:\FR\FM\05DEP1.SGM 05DEP1 72310 Federal Register / Vol. 77, No. 234 / Wednesday, December 5, 2012 / Proposed Rules handling halibut bycatch (§ 679.7(a)(13)). These measures are intended to reduce handling mortality, thereby lowering overall halibut bycatch mortality in the groundfish fisheries, and to increase the amount of groundfish harvested under the available halibut mortality bycatch limits. The FMP requires that the Council review recent halibut bycatch data and recommend proposed halibut PSC limits in conjunction with developing proposed groundfish harvest levels. NMFS and the Council will review the methods listed here that are available for reducing halibut bycatch to determine their effectiveness and will initiate changes to these PSC limits, as necessary, in response to this review or to public testimony and comment. Halibut Discard Mortality Rates To monitor halibut bycatch mortality allowances and apportionments, the Regional Administrator uses observed halibut bycatch rates, discard mortality 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 proposes that the halibut DMRs developed and recommended by the IPHC and the Council for the 2013– 2015 GOA groundfish fisheries be used to monitor the proposed 2013 and 2014 halibut bycatch mortality allowances (see Tables 9–11). The IPHC developed the DMRs for the GOA groundfish fisheries using the 10-year mean DMRs for those fisheries. Long-term average DMRs were not available for some fisheries, so rates from the most recent years were used. For the squid, shark, sculpin, octopus, and skate fisheries, where insufficient mortality data are available, the mortality rate of halibut caught in the Pacific cod fishery for that gear type was recommended as a default rate. The IPHC will analyze observer data annually and recommend changes to the DMRs when a fishery DMR shows large variation from the mean. A discussion of the DMRs and how the IPHC establishes them is available from the Council (see ADDRESSES). Table 13 lists the proposed 2013 and 2014 DMRs. TABLE 13—PROPOSED 2013 AND 2014 HALIBUT DISCARD MORTALITY RATES FOR VESSELS FISHING IN THE GULF OF ALASKA [Values are percent of halibut assumed to be dead] Mortality rate (%) Gear Target fishery Hook-and-line ............................................................................. Other fisheries 1 .......................................................................... Skates ......................................................................................... Pacific cod .................................................................................. Rockfish ...................................................................................... Arrowtooth flounder .................................................................... Deep-water flatfish ...................................................................... Flathead sole .............................................................................. Non-pelagic pollock .................................................................... Other fisheries ............................................................................ Pacific cod .................................................................................. Pelagic pollock ............................................................................ Rex sole ..................................................................................... Rockfish ...................................................................................... Sablefish ..................................................................................... Shallow-water flatfish .................................................................. Other fisheries ............................................................................ Pacific cod .................................................................................. Trawl ........................................................................................... Pot .............................................................................................. tkelley on DSK3SPTVN1PROD with 1 11 11 11 9 73 43 65 60 62 62 71 69 66 71 67 17 17 Other fisheries includes all gear types for Atka mackerel, sculpins, sharks, skates, squids, octopuses, and hook-and-line sablefish. Chinook Salmon Prohibited Species Catch Limits In 2012, NMFS issued a final rule to implement Amendment 93 to the GOA FMP (77 FR 42629, July 20, 2012). Amendment 93 established separate Chinook salmon PSC limits in the Western and Central GOA in the directed pollock fishery. These limits require NMFS to close the pollock directed fishery in the Western and Central regulatory areas of the GOA if the applicable limit is reached (§ 679.21(h)(6)). The annual Chinook salmon PSC limits in the pollock directed fishery of 6,684 salmon in the Western GOA and 18,316 salmon in the Central GOA are set in regulation at § 679.21(h)(2)(i) and (ii). In addition, all salmon (regardless of species), taken in the pollock directed fisheries in the VerDate Mar<15>2010 16:40 Dec 04, 2012 Jkt 229001 Western and Central GOA must be retained until an observer at the processing facility that takes delivery of the catch is provided an opportunity to count the number of salmon and to collect any scientific data or biological samples from the salmon (§ 679.21(h)(4)). American Fisheries Act (AFA) Catcher/ Processor and Catcher Vessel Groundfish Sideboard Limits Section 679.64 establishes groundfish harvesting and processing sideboard limits on AFA C/Ps and CVs in the GOA. These sideboard limits are necessary to protect the interests of fishermen and processors who do not directly benefit from the AFA from those fishermen and processors who receive exclusive harvesting and PO 00000 Frm 00066 Fmt 4702 Sfmt 4702 processing privileges under the AFA. Section 679.7(k)(1)(ii) prohibits listed AFA C/Ps from harvesting any species of fish in the GOA. Additionally, § 679.7(k)(1)(iv) prohibits listed AFA C/ Ps from processing any pollock harvested in a directed pollock fishery in the GOA and any groundfish harvested in Statistical Area 630 of the GOA. AFA CVs that are less than 125 ft (38.1 meters) length overall, have annual landings of pollock in the Bering Sea and Aleutian Islands of less than 5,100 mt, and have made at least 40 landings of GOA groundfish from 1995 through 1997 are exempt from GOA sideboard limits under § 679.64(b)(2)(ii). Sideboard limits for non-exempt AFA CVs operating in the GOA are based on their traditional harvest levels of TAC in E:\FR\FM\05DEP1.SGM 05DEP1 Federal Register / Vol. 77, No. 234 / Wednesday, December 5, 2012 / Proposed Rules groundfish fisheries covered by the FMP. Section 679.64(b)(3)(iii) establishes the groundfish sideboard limitations in the GOA based on the retained catch of non-exempt AFA CVs of each sideboard species from 1995 through 1997 divided by the TAC for that species over the same period. Table 14 lists the proposed 2013 and 2014 groundfish sideboard limits for 72311 non-exempt AFA CVs. NMFS will deduct all targeted or incidental catch of sideboard species made by non-exempt AFA CVs from the sideboard limits listed in Table 14. TABLE 14—PROPOSED 2013 AND 2014 GOA NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL (CV) GROUNDFISH HARVEST SIDEBOARD LIMITS [Values are rounded to the nearest metric ton] A Season—January 20– March 10. B Season—March 10–May 31. C Season—August 25–October 1. D Season—October 1–November 1. Annual ................................. A Season 1—January 1– June 10. B Season) 2—September 1– December 31. Annual ................................. Sablefish ............................. Annual, trawl gear ............... Flatfish, shallow-water ........ Annual ................................. Flatfish, deep-water ............ Annual ................................. Rex sole .............................. Annual ................................. Arrowtooth flounder ............. Annual ................................. Flathead sole ...................... Annual ................................. Pacific ocean perch ............ Annual ................................. Northern rockfish ................. Annual ................................. Shortraker rockfish .............. Annual ................................. Other rockfish ...................... tkelley on DSK3SPTVN1PROD with Pacific cod ........................... Annual ................................. Pelagic shelf rockfish .......... Annual ................................. Rougheye rockfish .............. Annual ................................. VerDate Mar<15>2010 Proposed 2013 and 2014 TACs Proposed 2013 and 2014 nonexempt AFA CV sideboard limit Shumagin (610) .................. 0.6047 6,285 3,801 Chirikof (620) ...................... Kodiak (630) ....................... Shumagin (610) .................. 0.1167 0.2028 0.6047 15,202 6,274 6,285 1,774 1,272 3,801 Chirikof (620) ...................... Kodiak (630) ....................... Shumagin (610) .................. 0.1167 0.2028 0.6047 18,668 2,806 10,123 2,179 569 6,121 Chirikof (620) ...................... Kodiak (630) ....................... Shumagin (610) .................. 0.1167 0.2028 0.6047 7,896 9,743 10,123 921 1,976 6,121 Chirikof (620) ...................... Kodiak (630) ....................... WYK (640) .......................... SEO (650) ........................... W ......................................... C ......................................... W ......................................... C ......................................... E inshore ............................. E offshore ........................... W ......................................... C ......................................... E .......................................... W ......................................... C ......................................... E .......................................... W ......................................... C ......................................... E .......................................... W ......................................... C ......................................... E .......................................... W ......................................... C ......................................... E .......................................... W ......................................... C ......................................... E .......................................... W ......................................... C ......................................... E .......................................... W ......................................... C ......................................... W ......................................... C ......................................... E .......................................... W ......................................... C ......................................... E .......................................... W ......................................... C ......................................... E .......................................... W ......................................... C ......................................... E .......................................... 0.1167 0.2028 0.3495 0.3495 0.1331 0.0692 0.1331 0.0692 0.0079 0.0078 0.0000 0.0642 0.0433 0.0156 0.0587 0.0126 0.0000 0.0647 0.0128 0.0007 0.0384 0.0029 0.0021 0.0280 0.0002 0.0036 0.0213 0.0009 0.0023 0.0748 0.0466 0.0003 0.0277 0.0000 0.0218 0.0110 0.0034 0.1699 0.0000 0.0001 0.0000 0.0067 0.0000 0.0237 0.0124 7,896 9,743 3,517 10,774 13,104 26,618 8,736 17,745 1,842 205 351 1,137 268 13,250 18,000 5,300 176 2,308 2,642 1,283 6,291 1,858 14,500 75,000 13,800 8,650 15,400 6,358 2,050 10,985 3,465 2,017 3,136 104 452 525 44 606 430 381 3,581 800 82 861 297 921 1,976 1,229 3,766 1,744 1,842 1,163 1,228 15 2 0 73 12 207 1,057 67 0 149 34 1 242 5 30 2,100 3 31 328 6 5 822 161 1 87 0 10 6 0 103 0 0 0 5 0 20 4 Apportionments by season/ gear Species Pollock ................................. Ratio of 1995– 1997 non-exempt AFA CV catch to 1995–1997 TAC 16:40 Dec 04, 2012 Jkt 229001 PO 00000 Area/component Frm 00067 Fmt 4702 Sfmt 4702 E:\FR\FM\05DEP1.SGM 05DEP1 72312 Federal Register / Vol. 77, No. 234 / Wednesday, December 5, 2012 / Proposed Rules TABLE 14—PROPOSED 2013 AND 2014 GOA NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL (CV) GROUNDFISH HARVEST SIDEBOARD LIMITS—Continued [Values are rounded to the nearest metric ton] Ratio of 1995– 1997 non-exempt AFA CV catch to 1995–1997 TAC Species Apportionments by season/ gear Area/component Demersal shelf rockfish ...... Thornyhead rockfish ........... Annual ................................. Annual ................................. Atka mackerel ..................... Big skates ........................... Annual ................................. Annual ................................. Longnose skates ................. Annual ................................. Other skates ........................ Squids ................................. Sharks ................................. Octopuses ........................... Sculpins ............................... Annual Annual Annual Annual Annual Proposed 2013 and 2014 TACs Proposed 2013 and 2014 nonexempt AFA CV sideboard limit 0.0020 0.0280 0.0280 0.0280 0.0309 0.0063 0.0063 0.0063 0.0063 0.0063 0.0063 0.0063 0.0063 0.0063 0.0063 0.0063 293 150 766 749 2,000 469 1,793 1,505 70 1,879 676 2,030 1,148 6,028 1,455 5,731 1 4 21 21 62 3 11 9 0 12 4 13 7 38 9 36 SEO .................................... W ......................................... C ......................................... E .......................................... Gulfwide .............................. W ......................................... C ......................................... E .......................................... W ......................................... C ......................................... E .......................................... Gulfwide .............................. Gulfwide .............................. Gulfwide .............................. Gulfwide .............................. Gulfwide .............................. 1 The 2 The ................................. ................................. ................................. ................................. ................................. Pacific cod A season for trawl gear does not open until January 20. Pacific cod B season for trawl gear closes November 1. Non-Exempt AFA Catcher Vessel Halibut PSC Limits based on the aggregate retained groundfish catch by non-exempt AFA CVs in each PSC target category from 1995 through 1997 divided by the retained catch of all vessels in that The halibut PSC sideboard limits for non-exempt AFA CVs in the GOA are fishery from 1995 through 1997 (§ 679.64(b)(4)). Table 15 lists the proposed 2013 and 2014 non-exempt AFA CV halibut PSC limits for vessels using trawl gear in the GOA. TABLE 15—PROPOSED 2013 AND 2014 NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL HALIBUT PROHIBITED SPECIES CATCH (PSC) LIMITS FOR VESSELS USING TRAWL GEAR IN THE GOA [PSC limits are rounded to the nearest whole metric ton] Ratio of 1995– 1997 non-exempt AFA CV retained catch to total retained catch Season Season dates Target fishery 1 ............... January 20–April 1 .............................. 2 ............... April 1–July 1 ....................................... 3 ............... July 1–September 1 ............................ 4 ............... September 1–October 1 ...................... 5 ............... October 1–December 31 ..................... Proposed 2013 and 2014 non-exempt AFA CV PSC limit 0.340 0.070 0.340 0.070 0.340 0.070 0.340 0.070 0.205 444 99 99 296 197 395 148 0 296 151 7 34 21 67 28 50 0 61 shallow-water ....................................... deep-water ........................................... shallow-water ....................................... deep-water ........................................... shallow-water ....................................... deep-water ........................................... shallow-water ....................................... deep-water ........................................... all targets ............................................. Non-AFA Crab Vessel Groundfish Sideboard Limits tkelley on DSK3SPTVN1PROD with Proposed 2013 and 2014 PSC limit Section 680.22 establishes groundfish catch limits for vessels with a history of participation in the Bering Sea snow crab fishery to prevent these vessels from using the increased flexibility provided by the Crab Rationalization Program to expand their level of participation in the GOA groundfish fisheries. Sideboard limits restrict these vessels’ catch to their collective VerDate Mar<15>2010 18:31 Dec 04, 2012 Jkt 229001 historical landings in all GOA groundfish fisheries (except the fixedgear sablefish fishery). Sideboard limits also apply to landings made using an LLP license derived from the history of a vessel with sideboard limits, even if that license is used on another vessel. The basis for these sideboard limits is described in detail in the final rules implementing the major provisions of the Allocation of Bering Sea and Aleutian Islands King and Tanner Crab PO 00000 Frm 00068 Fmt 4702 Sfmt 4702 Fishery Resources (707 FR 10174, March 2, 2005), Amendment 34 to the Fishery Management Plan for Bering Sea/Aleutian Island King and Tanner Crabs, and Amendment 83 (76 FR 74670, December 1, 2011). Table 16 lists these proposed 2013 and 2014 groundfish sideboard limitations for non-AFA crab vessels. All targeted or incidental catch of sideboard species made by non-AFA crab vessels or associated LLP licenses E:\FR\FM\05DEP1.SGM 05DEP1 Federal Register / Vol. 77, No. 234 / Wednesday, December 5, 2012 / Proposed Rules 72313 will be deducted from these sideboard limits. TABLE 16—PROPOSED 2013 AND 2014 GOA NON-AMERICAN FISHERIES ACT CRAB VESSEL GROUNDFISH HARVEST SIDEBOARD LIMITS [Values are rounded to the nearest metric ton] Species Pollock ................................. A Season—January 20– March 10. D Season—October 1–November 1. Annual ................................. A Season 1—January 1– June 10. January 1–June 10 ............. B Season 2—September 1– December 31. Annual ................................. Sablefish ............................. Annual, trawl gear ............... Flatfish, shallow-water ........ Annual ................................. Flatfish, deep-water ............ Annual ................................. Rex sole .............................. tkelley on DSK3SPTVN1PROD with Proposed 2013 and 2014 nonAFA crab vessel sideboard limit Shumagin (610) .................. 0.0098 6,285 62 Chirikof (620) ...................... Kodiak (630) ....................... Shumagin (610) .................. 0.0031 0.0002 0.0098 15,202 6,274 6,285 47 1 62 Chirikof (620) ...................... Kodiak (630) ....................... Shumagin (610) .................. 0.0031 0.0002 0.0098 18,668 2,806 10,123 58 1 99 Chirikof (620) ...................... Kodiak (630) ....................... Shumagin (610) .................. 0.0031 0.0002 0.0098 7,896 9,743 10,123 24 2 99 Chirikof (620) ...................... Kodiak (630) ....................... WYK (640) .......................... SEO (650) ........................... W Jig CV ............................. 0.0031 0.0002 0.0000 0.0000 0.0000 7,896 9,743 3,517 10,774 13,104 24 2 0 0 0 W Hook-and-line CV ........... W Hook-and-line C/P .......... W Pot CV ............................ W Pot C/P ........................... W Trawl CV ........................ C Jig CV ............................. C Hook-and-line CV ............ C Hook-and-line C/P ........... C Pot CV ............................. C Pot C/P ............................ C Trawl CV ......................... W Jig CV ............................. 0.0004 0.0018 0.0997 0.0078 0.0007 0.0000 0.0001 0.0012 0.0474 0.0136 0.0012 0.0000 13,104 13,104 13,104 13,104 13,104 26,618 26,618 26,618 26,618 26,618 26,618 8,736 5 24 1,306 102 9 0 3 32 1,262 362 32 0 W Hook-and-line CV ........... W Hook-and-line C/P .......... W Pot CV ............................ W Pot C/P ........................... W Trawl CV ........................ C Jig CV ............................. C Hook-and-line CV ............ C Hook-and-line C/P ........... C Pot CV ............................. C Pot C/P ............................ C Trawl CV ......................... E inshore ............................. E offshore ........................... W ......................................... C ......................................... E .......................................... W ......................................... C ......................................... E .......................................... W ......................................... C ......................................... E .......................................... W ......................................... C ......................................... E .......................................... W ......................................... C ......................................... E .......................................... W ......................................... 0.0004 0.0018 0.0997 0.0078 0.0007 0.0000 0.0001 0.0012 0.0474 0.0136 0.0012 0.0110 0.0000 0.0000 0.0000 0.0000 0.0059 0.0001 0.0000 0.0035 0.0000 0.0000 0.0000 0.0000 0.0000 0.0004 0.0001 0.0000 0.0002 8,736 8,736 8,736 8,736 8,736 17,745 17,745 17,745 17,745 17,745 17,745 1,842 205 351 1,137 268 13,250 18,000 5,300 176 2,308 2,642 1,283 6,291 1,858 14,500 75,000 13,800 8,650 3 16 871 68 6 0 2 21 841 241 21 20 0 0 0 0 78 2 0 1 0 0 0 0 0 6 8 0 2 Area/component/gear C Season—August 25–October 1. Annual ................................. Arrowtooth flounder ............. Annual ................................. Flathead sole ...................... Annual ................................. VerDate Mar<15>2010 Proposed 2013 and 2014 TACs Season/gear B Season—March 10–May 31. Pacific cod ........................... Ratio of 1996– 2000 non-AFA crab vessel catch to 1996– 2000 total harvest 16:40 Dec 04, 2012 Jkt 229001 PO 00000 Frm 00069 Fmt 4702 Sfmt 4702 E:\FR\FM\05DEP1.SGM 05DEP1 72314 Federal Register / Vol. 77, No. 234 / Wednesday, December 5, 2012 / Proposed Rules TABLE 16—PROPOSED 2013 AND 2014 GOA NON-AMERICAN FISHERIES ACT CRAB VESSEL GROUNDFISH HARVEST SIDEBOARD LIMITS—Continued [Values are rounded to the nearest metric ton] Species Season/gear Area/component/gear Pacific ocean perch ............ Annual ................................. Northern rockfish ................. Annual ................................. Shortraker rockfish .............. Annual ................................. Other rockfish ...................... Annual ................................. Pelagic shelf rockfish .......... Annual ................................. Rougheye rockfish .............. Annual ................................. Demersal shelf rockfish ...... Thornyhead rockfish ........... Annual ................................. Annual ................................. Atka mackerel ..................... Big skate ............................. Annual ................................. Annual ................................. Longnose skate ................... Annual ................................. Other skates ........................ Sharks ................................. Squids ................................. Octopuses ........................... Sculpins ............................... Annual Annual Annual Annual Annual 1 The 2 The ................................. ................................. ................................. ................................. ................................. Proposed 2013 and 2014 TACs Proposed 2013 and 2014 nonAFA crab vessel sideboard limit 0.0004 0.0000 0.0000 0.0000 0.0000 0.0005 0.0000 0.0013 0.0012 0.0009 0.0035 0.0033 0.0000 0.0017 0.0000 0.0000 0.0067 0.0047 0.0008 0.0000 0.0047 0.0066 0.0045 0.0000 0.0392 0.0159 0.0000 0.0392 0.0159 0.0000 0.0176 0.0176 0.0176 0.0176 0.0176 15,400 6,358 2,050 10,985 3,465 2,017 3,136 104 452 525 44 606 430 381 3,581 800 82 861 297 293 150 766 749 2,000 469 1,793 1,505 70 1,879 676 2,030 1,148 6,028 1,455 5,731 6 0 0 0 0 1 0 0 1 0 0 2 0 1 0 0 1 4 0 0 1 5 3 0 18 29 0 3 30 0 36 20 106 26 101 C ......................................... E .......................................... W ......................................... C ......................................... E .......................................... W ......................................... C ......................................... W ......................................... C ......................................... E .......................................... W ......................................... C ......................................... E .......................................... W ......................................... C ......................................... E .......................................... W ......................................... C ......................................... E .......................................... SEO .................................... W ......................................... C ......................................... E .......................................... Gulfwide .............................. W ......................................... C ......................................... E .......................................... W ......................................... C ......................................... E .......................................... Gulfwide .............................. Gulfwide .............................. Gulfwide .............................. Gulfwide .............................. Gulfwide .............................. Pacific cod A season for trawl gear does not open until January 20. Pacific cod B season for trawl gear closes November 1. Rockfish Program Groundfish Sideboard and Halibut PSC Limitations The Rockfish Program establishes three classes of sideboard provisions: CV groundfish sideboard restrictions, C/P rockfish sideboard restrictions, and C/P opt-out vessel sideboard restrictions. These sideboards are intended to limit the ability of rockfish harvesters to expand into other fisheries. CVs participating in the Rockfish Program may not participate in directed fishing for northern rockfish, Pacific tkelley on DSK3SPTVN1PROD with Ratio of 1996– 2000 non-AFA crab vessel catch to 1996– 2000 total harvest VerDate Mar<15>2010 16:40 Dec 04, 2012 Jkt 229001 ocean perch, and pelagic shelf rockfish (dusky rockfish) in the Western GOA and West Yakutat Districts from July 1 through July 31. Also, CVs may not participate in directed fishing for arrowtooth flounder, deep-water flatfish, and rex sole in the GOA from July 1 through July 31 (§ 679.82(d)). C/Ps participating in Rockfish Program cooperatives are restricted by rockfish and halibut PSC sideboard limitations. These C/Ps are prohibited from directed fishing for northern rockfish, Pacific ocean perch, and pelagic shelf rockfish (dusky rockfish) PO 00000 Frm 00070 Fmt 4702 Sfmt 4702 in the Western GOA and West Yakutat District from July 1 through July 31. Holders of C/P-designated LLP licenses that opt-out of participating in a rockfish cooperative will receive the portion of each sideboard limit that is not assigned to rockfish cooperatives. Table 17 lists the proposed 2013 and 2014 Rockfish Program C/P sideboard limits in the Western GOA and West Yakutat District. Due to confidentiality requirements associated with fisheries data, the sideboard limits for the West Yakutat District are not displayed. E:\FR\FM\05DEP1.SGM 05DEP1 72315 Federal Register / Vol. 77, No. 234 / Wednesday, December 5, 2012 / Proposed Rules TABLE 17—PROPOSED 2013 AND 2014 ROCKFISH PROGRAM HARVEST LIMITS FOR THE WEST YAKUTAT DISTRICT AND WESTERN GOA BY FISHERY FOR THE CATCHER/PROCESSOR SECTOR [Values are rounded to the nearest metric ton] Proposed 2013 and 2014 TACs Area Fishery C/P sector (% of TAC) Western GOA ............................................. Pelagic shelf rockfish ................................ Pacific ocean perch ................................... Northern rockfish ....................................... Pelagic shelf rockfish ................................ Pacific ocean perch ................................... 72.3 ......................... 50.6 ......................... 74.3 ......................... Confid.1 .................... Confid.1 .................... West Yakutat District ................................. 1 Not Proposed 2013 and 2014 C/P limit 381 2,050 2,017 504 1,650 275 1,037 1,499 N/A N/A released due to confidentiality requirements associated with fish ticket data established by NMFS and the State of Alaska. The C/P sector is subject to halibut PSC sideboard limits for the trawl deepwater and shallow-water species fisheries from July 1 through July 31. No halibut PSC sideboard limits apply to the CV sector. C/Ps that opt-out of the Rockfish Program would be able to access that portion of the deep-water and shallow-water halibut PSC sideboard limit not assigned to C/P rockfish cooperatives. The sideboard provisions for C/Ps that elect to opt-out of participating in a rockfish cooperative are described in § 679.82(c), (e), and (f). Sideboards are linked to the catch history of specific vessels that may choose to opt-out. The applications for C/Ps electing to opt-out are due to NMFS on March 1 of each calendar year, thereby preventing NMFS from calculating proposed 2013 and 2014 allocations. Once opt-out applications (if any) are received in 2013, the ratios and amounts used to calculate opt-out sideboard ratios will be known. NMFS will then calculate any applicable optout sideboards and post these allocations on the Alaska Region Web site at https://alaskafisheries.noaa.gov/ sustainablefisheries/goarat/default.htm) when they have been prepared. Table 18 lists the 2013 and 2014 proposed Rockfish Program halibut PSC limits for the C/P sector. TABLE 18—PROPOSED 2013 AND 2014 ROCKFISH PROGRAM HALIBUT MORTALITY LIMITS FOR THE CATCHER/PROCESSOR SECTOR [Values are rounded to the nearest metric ton] Shallow-water species fishery halibut PSC sideboard ratio (percent) Sector Deep-water species fishery halibut PSC sideboard ratio (percent) Annual halibut mortality limit (mt) Annual shallow-water species fishery halibut PSC sideboard limit (mt) Annual deepwater species fishery halibut PSC sideboard limit (mt) 0.10 2.50 1,973 2 49 Catcher/processor ................................................................ Amendment 80 Vessel Program Groundfish Sideboard and PSC Limits Amendment 80 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (Amendment 80 Program) established a limited access privilege program for the non-AFA trawl C/P sector. To limit the ability of participants eligible for the Amendment 80 Program to expand their harvest efforts in the GOA, the Amendment 80 Program established groundfish and halibut PSC limits for Amendment 80 Program participants. Section 679.92 establishes groundfish harvesting sideboard limits on all Amendment 80 Program vessels, other than the F/V Golden Fleece, to amounts no greater than the limits shown in Table 37 to part 679. Under regulations at § 679.92(d), the F/V Golden Fleece is prohibited from directed fishing for pollock, Pacific cod, Pacific ocean perch, pelagic shelf rockfish, and northern rockfish in the GOA. Groundfish sideboard limits for Amendment 80 Program vessels operating in the GOA are based on their average aggregate harvests from 1998 to 2004. Table 19 lists the proposed 2013 and 2014 sideboard limits for Amendment 80 Program vessels. All targeted or incidental catch of sideboard species made by Amendment 80 Program vessels will be deducted from the sideboard limits in Table 19. TABLE 19—PROPOSED 2013 AND 2014 GOA GROUNDFISH SIDEBOARD LIMITS FOR AMENDMENT 80 PROGRAM VESSELS [Values are rounded to the nearest metric ton] tkelley on DSK3SPTVN1PROD with Pollock ................................. VerDate Mar<15>2010 Proposed 2013 and 2014 TAC (mt) Proposed 2013 and 2014 Amendment 80 vessel sideboards (mt) Shumagin (610) .................. 0.003 6,285 19 Chirikof (620) ...................... Kodiak (630) ....................... Species Ratio of Amendment 80 sector vessels 1998–2004 catch to TAC 0.002 0.002 15,202 6,274 30 13 Season Area A Season—January 20– February 25. 16:40 Dec 04, 2012 Jkt 229001 PO 00000 Frm 00071 Fmt 4702 Sfmt 4702 E:\FR\FM\05DEP1.SGM 05DEP1 72316 Federal Register / Vol. 77, No. 234 / Wednesday, December 5, 2012 / Proposed Rules TABLE 19—PROPOSED 2013 AND 2014 GOA GROUNDFISH SIDEBOARD LIMITS FOR AMENDMENT 80 PROGRAM VESSELS—Continued [Values are rounded to the nearest metric ton] Species Ratio of Amendment 80 sector vessels 1998–2004 catch to TAC Proposed 2013 and 2014 TAC (mt) Proposed 2013 and 2014 Amendment 80 vessel sideboards (mt) Season Area B Season—March 20–May 31. Shumagin (610) .................. 0.003 6,285 19 Chirikof (620) ...................... Kodiak (630) ....................... Shumagin (610) .................. 0.002 0.002 0.003 18,668 2,806 10,123 37 6 30 Chirikof (620) ...................... Kodiak (630) ....................... Shumagin (610) .................. 0.002 0.002 0.003 7,896 9,743 10,123 16 19 30 Chirikof (620) ...................... Kodiak (630) ....................... WYK (640) .......................... W ......................................... 0.002 0.002 0.002 0.020 7,896 9,743 3,517 13,104 16 19 7 262 C ......................................... W ......................................... 0.044 0.020 26,618 8,736 1,171 175 C ......................................... WYK .................................... W ......................................... WYK .................................... W ......................................... W ......................................... WYK .................................... 0.044 0.034 0.994 0.961 1.000 0.764 0.896 17,745 2,047 2,050 1,650 2,017 381 504 781 70 2,038 1,586 2,017 291 452 C Season—August 25–September 15. D Season—October 1–November 1. Pacific cod ........................... Annual ................................. A Season 1—January 1– June 10. B Season 2—September 1– December 31. Pacific ocean perch ............ Annual ................................. Annual ................................. Northern rockfish ................. Pelagic shelf rockfish .......... Annual ................................. Annual ................................. 1 The 2 The Pacific cod A season for trawl gear does not open until January 20. Pacific cod B season for trawl gear closes November 1. The PSC sideboard limits for Amendment 80 Program vessels in the GOA are based on the historic use of halibut PSC by Amendment 80 Program vessels in each PSC target category from 1998 through 2004. These values are Table 20 lists the proposed 2013 and 2014 halibut PSC limits for Amendment 80 Program vessels, as contained in Table 38 to 50 CFR part 679. slightly lower than the average historic use to accommodate two factors: allocation of halibut PSC cooperative quota under the Central GOA Rockfish Program and the exemption of the F/V Golden Fleece from this restriction. TABLE 20—PROPOSED 2013 AND 2014 HALIBUT PSC SIDEBOARD LIMITS FOR AMENDMENT 80 PROGRAM VESSELS IN THE GOA [Values are rounded to the nearest metric ton] Historic Amendment 80 use of the annual halibut PSC limit (ratio) Season dates Fishery category 1 ............... January 20–April 1 ............................. 2 ............... April 1–July 1 ...................................... 3 ............... July 1–September 1 ........................... 4 ............... September 1–October 1 ..................... 5 ............... tkelley on DSK3SPTVN1PROD with Season October 1–December 31 .................... shallow-water ...................................... deep-water .......................................... shallow-water ...................................... deep-water .......................................... shallow-water ...................................... deep-water .......................................... shallow-water ...................................... deep-water .......................................... shallow-water ...................................... deep-water .......................................... Classification NMFS has determined that the proposed harvest specifications are VerDate Mar<15>2010 16:40 Dec 04, 2012 Jkt 229001 consistent with the FMP and preliminarily determined that the proposed harvest specifications are PO 00000 Frm 00072 Fmt 4702 Sfmt 4702 0.0048 0.0115 0.0189 0.1072 0.0146 0.0521 0.0074 0.0014 0.0227 0.0371 Proposed 2013 and 2014 annual PSC limit (mt) 1,973 1,973 1,973 1,973 1,973 1,973 1,973 1,973 1,973 1,973 Proposed 2013 and 2014 Amendment 80 vessel PSC sideboard limit (mt) 9 23 37 212 29 103 15 3 45 73 consistent with the Magnuson-Stevens Act and other applicable laws. E:\FR\FM\05DEP1.SGM 05DEP1 tkelley on DSK3SPTVN1PROD with Federal Register / Vol. 77, No. 234 / Wednesday, December 5, 2012 / Proposed Rules This action is authorized under 50 CFR 679.20 and is exempt from review under Executive Order 12866. NMFS prepared an EIS for this action (see ADDRESSES) and made it available to the public on January 12, 2007 (72 FR 1512). On February 13, 2007, NMFS issued the Record of Decision (ROD) for the EIS. Copies of the EIS and ROD for this action are available from NMFS. The EIS analyzes the environmental consequences of the proposed groundfish harvest specifications and its alternatives on resources in the action area. The EIS found no significant environmental consequences from the proposed action or its alternatives. NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA) as required by section 603 of the Regulatory Flexibility Act, analyzing the methodology for establishing the relevant TACs. The IRFA evaluated the impacts on small entities of alternative harvest strategies for the groundfish fisheries in the EEZ off Alaska. As set forth in the methodology, TACs are set to a level that fall within the range of ABCs recommended by the SSC; the sum of the TACs must achieve the OY specified in the FMP. While the specific numbers that the methodology may produce vary from year to year, the methodology itself remains constant. A description of the proposed action, why it is being considered, and the legal basis for this proposed action are contained in the preamble above. A copy of the analysis is available from NMFS (see ADDRESSES). A summary of the IRFA follows. The action under consideration is a harvest strategy to govern the catch of groundfish in the GOA. 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 1,002 CVs and approximately 6 C/Ps in the GOA. The entities directly regulated by this action are those that harvest groundfish in the EEZ of the GOA and in parallel fisheries within State waters. These include entities operating CVs and C/Ps within the action area and entities receiving direct allocations of groundfish. CVs and C/Ps are considered to be small entities if they have annual gross receipts of $4 million per year or less from all economic activities, including the revenue of their affiliated operations (see Table 37 to the Economic Status of the Groundfish off Alaska, 2011, in the 2011 SAFE report, dated November 2011, available from the Council (see VerDate Mar<15>2010 16:40 Dec 04, 2012 Jkt 229001 ADDRESSES)). Because the 1,002 CVs and 6 C/Ps meet this size standard, they are considered to be small entities for the purposes of this analysis. The preferred alternative (Alternative 2) was compared to four other alternatives. Alternative 1 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 GOA OY, in which case harvests would be limited to the OY. Alternative 3 would have set TACs to produce fishing rates equal to the most recent 5-year average fishing rate. Alternative 4 would have set TACs to equal the lower limit of the GOA OY range. Alternative 5, the ‘‘no action alternative,’’ would have set TACs equal to zero. The TACs associated with the preferred harvest strategy are those adopted by the Council in October 2012, as per Alternative 2. OFLs and ABCs for the species were based on recommendations prepared by the Council’s GOA Plan Team in September 2012, and reviewed and modified by the Council’s SSC in October 2012. The Council based its TAC recommendations on those of its AP, which were consistent with the SSC’s OFL and ABC recommendations. Alternative 1 selects harvest rates that would allow fishermen to harvest stocks at the level of ABCs, unless total harvests were constrained by the upper bound of the GOA OY of 800,000 mt. As shown in Table 1 of the preamble, the sum of ABCs in 2013 and 2014 would be about 612,506 mt, which falls below the upper bound of the OY range. The sum of TACs is 447,752 mt, which is less than the sum of ABCs. In this instance, Alternative 1 is consistent with the preferred alternative (Alternative 2), meets the objectives of that action, and has small entity impacts that are equivalent to the preferred alternative. In some instances, the selection of Alternative 1 would not reflect the practical implications that increased TACs (where the sum of TACs equals the sum of ABCs) for some species probably would not be fully harvested. This could be due to a lack of commercial or market interest in such species. Additionally, an underharvest of some TACs could result due to constraints such as the fixed, and therefore constraining, PSC limits associated with the harvest of the GOA groundfish species. Alternative 3 selects harvest rates based on the most recent 5 years of harvest rates (for species in Tiers 1 through 3) or for the most recent 5 years of harvests (for species in Tiers 4 through 6). This alternative is PO 00000 Frm 00073 Fmt 4702 Sfmt 4702 72317 inconsistent with the objectives of this action, the Council’s preferred harvest strategy, because it does not take account of the most recent biological information for this fishery. Harvest rates are listed for each species category for each year in the SAFE report (see ADDRESSES). Alternative 4 reduces the TACs from the upper end of the OY range in the GOA, to its lower end of 116,000 mt, which would lead to significantly lower harvests of all species. Overall, this would reduce 2013 TACs by about 74 percent. This would lead to significant reductions in harvests of species harvested by small entities. While reductions of this size would be associated with offsetting price increases, the size of these increases is very uncertain. There are close substitutes for GOA groundfish species available in significant quantities from the Bering Sea and Aleutian Islands management area. While production declines in the GOA would undoubtedly be associated with significant price increases in the GOA, these increases would still be constrained by production of substitutes, and are very unlikely to offset revenue declines from smaller production. Thus, this alternative would have a detrimental impact on small entities. Alternative 5, which sets all harvests equal to zero, would have a significant adverse economic impact on small entities and would be contrary to obligations to achieve OY on a continuing basis, as mandated by the Magnuson-Stevens Act. The IRFA shows that, in 2011, there were 1,049 individual catcher vessels with gross revenues less than or equal to $4 million. Some of these vessels are members of AFA inshore pollock cooperatives, GOA rockfish cooperatives, or BSAI crab rationalization cooperatives. Therefore, under the RFA, it is the aggregate gross receipts of all participating members of the cooperative that must meet the ‘‘under $4 million’’ threshold. Vessels that participate in these cooperatives are considered to be large entities within the meaning of the RFA. After accounting for membership in these cooperatives, there are an estimated 1,002 small catcher vessel entities remaining in the GOA groundfish sector. This latter group of small vessels had average gross revenues of about $485,000, and median gross revenues of $230,000. The 25th percentile of gross revenues was about $79,000, and the 75th percentile was about $661,000. Under Alternative 5, all 1,049 individual catcher vessels impacted by E:\FR\FM\05DEP1.SGM 05DEP1 72318 Federal Register / Vol. 77, No. 234 / Wednesday, December 5, 2012 / Proposed Rules tkelley on DSK3SPTVN1PROD with this rule would have gross revenues of $0. Data presented in the IRFA indicates that in 2011, 9 catcher/processors grossed less than $4 million. Three vessels in this group were estimated to be large entities because of their affiliations with other vessels through an Amendment 80 cooperative and the Freezer Longline Conservation Cooperative. After taking account of these affiliations, NMFS estimates that six of these vessels are small entities. The average gross revenue for these 6 small catcher/processor entities was $1.17 million, and the median gross revenue was $960,000. Under Alternative 5, the 6 small catcher/ processor impacted by this rule would have gross revenues of $0. The proposed harvest specifications extend the current 2013 OFLs, ABCs, VerDate Mar<15>2010 16:40 Dec 04, 2012 Jkt 229001 and TACs to 2013 and 2014. As noted in the IRFA, the Council may modify these OFLs, ABCs, and TACs in December 2012, when it reviews the November 2012 SAFE reports from its groundfish plan teams, and the December 2012 Council meeting reports of its SSC and AP. Because TACs in the proposed 2013 and 2014 harvest specifications are unchanged from the 2013 TACs, NMFS does not expect adverse impacts on small entities. Also, NMFS does not expect any changes made by the Council in December 2012 to have significant adverse impacts on small entities. This action does not modify recordkeeping or reporting requirements, or duplicate, overlap, or conflict with any Federal rules. Adverse impacts on marine mammals or endangered species resulting from PO 00000 Frm 00074 Fmt 4702 Sfmt 9990 fishing activities conducted under this rule are discussed in the EIS and its accompanying annual SIRs (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: November 28, 2012. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, Performing the Functions and Duties of the Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2012–29137 Filed 12–4–12; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\05DEP1.SGM 05DEP1

Agencies

[Federal Register Volume 77, Number 234 (Wednesday, December 5, 2012)]
[Proposed Rules]
[Pages 72297-72318]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29137]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 120918468-2468-01]
RIN 0648-XC254

Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of
Alaska; Proposed 2013 and 2014 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 2013 and 2014 harvest specifications,
apportionments, and Pacific halibut prohibited species catch limits for
the groundfish fishery of the Gulf of Alaska (GOA). This action is
necessary to establish harvest limits for groundfish during the 2013
and 2014 fishing years and to accomplish the goals and objectives of
the Fishery Management Plan for Groundfish of the Gulf of Alaska. The
intended effect of this action is to conserve and manage the groundfish
resources in the GOA in accordance with the Magnuson-Stevens Fishery
Conservation and Management Act.

DATES: Comments must be received by January 4, 2013.

ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2012-0180, by any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal at www.regulations.gov. To
submit comments via the e-Rulemaking Portal, first click the ``submit a
comment'' icon, then enter NOAA-NMFS-2012-0180 in the keyword search.
Locate the document you wish to comment on from the resulting list and
click on the ``Submit a Comment'' icon on that line.
Mail: Address written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Ellen Sebastian. Mail comments to: P.O. Box 21668, Juneau,
AK 99802-1668.

[[Page 72298]]

Fax: Address written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Ellen Sebastian. Fax comments to: (907) 586-7557.
Hand delivery to the Federal Building: Address written
comments to Glenn Merrill, Assistant Regional Administrator,
Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen
Sebastian. Deliver comments to 709 West 9th Street, Room 420A, Juneau,
AK.
Instructions: Comments must be submitted by one of the above
methods to ensure that the comments are received, documented, and
considered by NMFS. Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered. All comments received are a part of the public
record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address) submitted voluntarily by the sender
will be publicly accessible.
Do not submit confidential business information, or otherwise
sensitive or protected information. NMFS will accept anonymous comments
(enter ``N/A'' in the required fields if you wish to remain anonymous).
Attachments to electronic comments will be accepted in Microsoft Word
or Excel, WordPerfect, or Adobe PDF file formats only.
Electronic copies of the Alaska Groundfish Harvest Specifications
Final Environmental Impact Statement (Final EIS), Supplementary
Information Report (SIR) to the EIS, and the Initial Regulatory
Flexibility Analysis (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. The final 2011 Stock Assessment and
Fishery Evaluation (SAFE) report for the groundfish resources of the
GOA, dated November 2011, is available from the North Pacific Fishery
Management Council (Council) at 605 West 4th Avenue, Suite 306,
Anchorage, AK 99501, phone 907-271-2809, or from the Council's Web site
at https://alaskafisheries.noaa.gov/npfmc. The draft 2012 SAFE report
for the GOA is available from the same source.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the GOA groundfish fisheries in
the exclusive economic zone (EEZ) of the GOA under the Fishery
Management Plan for Groundfish of the Gulf of Alaska (FMP). The Council
prepared the FMP under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801,
et seq. Regulations governing U.S. fisheries and implementing the FMP
appear at 50 CFR parts 600, 679, and 680.
The FMP and its implementing regulations require NMFS, after
consultation with the Council, to specify the total allowable catch
(TAC) limits for each target species, the sum of which must be within
the optimum yield (OY) range of 116,000 to 800,000 metric tons (mt).
Section 679.20(c)(1) further requires NMFS to publish and solicit
public comment on proposed annual TACs, halibut prohibited species
catch (PSC) limits, and seasonal allowances of pollock and Pacific cod.
The proposed harvest specifications in Tables 1 through 20 of this
document satisfy these requirements. For 2013 and 2014, the sum of the
proposed TAC amounts is 447,752 mt.
Under Sec. 679.20(c)(3), NMFS will publish the final 2013 and 2014
harvest specifications after (1) considering comments received within
the comment period (see DATES), (2) consulting with the Council at its
December 2012 meeting, and (3) considering information presented in the
Final EIS (see ADDRESSES) and the final 2012 SAFE report prepared for
the 2013 and 2014 groundfish fisheries.

Other Actions Potentially Affecting the 2013 and 2014 Harvest
Specifications

Halibut Prohibited Species Catch Limits Revisions

At its June 2012 meeting, the Council took final action to reduce
halibut PSC limits in the GOA trawl and hook-and-line groundfish
fisheries. The Council's preferred alternative for Amendment 95 to the
GOA FMP would change the process for setting halibut PSC limits.
Halibut PSC limits would be established in Federal regulations and
would remain in effect until changed by a subsequent Council action to
amend those regulations.
If approved by the Secretary of Commerce, Amendment 95 would reduce
the GOA halibut PSC limit for the groundfish trawl gear sector and
groundfish catcher vessel (CV) hook-and-line gear sector by 15 percent.
The Council's proposed reduction would be phased in over 3 years: 7
percent in year 1, 5 percent in year 2 (to 12 percent), and 3 percent
in year 3 (for a total of 15 percent). The Council's proposed reduction
for the catcher/processor (C/P) hook-and-line gear sector would be 7
percent, which would be implemented in one step in year 1. The Council
used 1,973 mt as the baseline for the proposed trawl halibut PSC limit
reductions. This is based on a deduction of 27 mt from the 2,000 mt
trawl halibut PSC limit, per halibut PSC limit reductions made in
conjunction with the implementation of the Central Gulf of Alaska
Rockfish Program in 2011 (76 FR 81248, December 27, 2011). The Council
recommended that the first year of implementation would occur in 2014
and that all reductions would occur by 2016.
Amendment 95 would result in a new trawl sector halibut PSC limit
of 1,848 mt (in 2014), 1,759 mt (in 2015), and 1,705 mt (in 2016 and
later years). The hook-and-line sector halibut PSC limits may vary
annually, as these limits are based on how the Pacific cod TAC is
annually apportioned between the Central and Western regulatory areas
of the GOA. Based on 2012 Pacific cod TACs in the Western and Central
GOA the hook-and-line C/P sector would receive a 109 mt halibut PSC
limit. The hook-and-line CV sector PSC limit would be 161 mt (in 2014),
152 mt (in 2015), and 147 mt (in 2016 and later years).

Proposed Acceptable Biological Catch (ABC) and TAC Specifications

In October 2012, the Council, its Scientific and Statistical
Committee (SSC), and its Advisory Panel (AP) reviewed the most recent
biological and harvest information about the condition of groundfish
stocks in the GOA. This information was compiled by the GOA Groundfish
Plan Team and presented in the final 2011 SAFE report for the GOA
groundfish fisheries, dated November 2011 (see ADDRESSES). The amounts
proposed for the 2013 and 2014 ABCs are based on the 2011 SAFE report,
as discussed below. The AP and Council recommended that the proposed
2013 and 2014 TACs be set equal to proposed ABCs for all species and
species groups, with the exception of the species categories further
discussed below. The proposed ABCs and TACs could be changed in the
final harvest specifications depending on the most recent scientific
information contained in the final 2012 SAFE report. The SAFE report
contains a review of the latest scientific analyses and estimates of
each species' biomass and other biological parameters, as well as
summaries of the available information on the GOA ecosystem and the
economic condition of the groundfish fisheries off Alaska. From these
data and analyses, the Plan Team estimates an

[[Page 72299]]

OFL and ABC for each species or species group.
In November 2012, the Plan Team updated the 2011 SAFE report to
include new information collected during 2012, such as NMFS stock
surveys, revised stock assessments, and catch data. The Plan Team
compiled this information and produced the draft 2012 SAFE report for
presentation at the December 2012 Council meeting. At that meeting, the
Council will consider information in the draft 2012 SAFE report,
recommendations from the November 2012 Plan Team meeting and December
2012 SSC and AP meetings, public testimony, and relevant written public
comments in making its recommendations for the final 2013 and 2014
harvest specifications. Pursuant to section 3.2.3.4.1 of the FMP, the
Council could recommend adjusting the TACs if ``warranted on the basis
of bycatch considerations, management uncertainty, or socioeconomic
considerations, or if required in order to cause the sum of the TACs to
fall within the OY range.''
In previous years, the largest changes from the proposed to the
final harvest specifications have been for OFLs and ABCs based on the
most recent NMFS stock surveys, which provide updated estimates of
stock biomass and spatial distribution, and changes to the models used
for making stock assessments. NMFS scientists presented updated and new
survey results, changes to assessment models, and accompanying stock
estimates at the September 2012 Plan Team meeting, and the SSC reviewed
this information at the October 2012 Council meeting. The species with
possible model changes are Pacific cod, rex sole, dover sole, rock
sole, sharks, and octopus. In November 2012, the Plan Team considered
updated stock assessments for groundfish, which were included in the
draft 2012 SAFE report.
If the draft 2012 SAFE report indicates that the stock biomass
trend is increasing for a species, then the final 2013 and 2014 harvest
specifications for that species may reflect an increase from the
proposed harvest specifications. The draft 2012 SAFE reports indicate
that the biomass trend for octopuses may be increasing. Conversely, if
the draft 2012 SAFE report indicates that the stock biomass trend is
decreasing for a species, then the final 2013 and 2014 harvest
specifications may reflect a decrease from the proposed harvest
specifications. The draft 2012 SAFE reports indicate that the biomass
trend for pollock, Pacific cod, sablefish, northern rockfish, other
rockfish, and dusky rockfish may be decreasing. The biomass trends for
the following species are relatively stable: shallow-water flatfish,
deep-water flatfish, rex sole, arrowtooth flounder, flathead sole,
Pacific ocean perch, shortraker rockfish, rougheye rockfish, rougheye
rockfish, demersal shelf rockfish, thornyhead rockfish, Atka mackerel,
big skate, longnose skates, other skates, squids, sharks, and sculpins.
The proposed ABCs and TACs are based on the best available
biological and socioeconomic information, 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 ABCs and OFLs. The formulas
applicable to a particular stock or stock complex are determined by the
level of reliable information available to the 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.
The SSC adopted the proposed 2013 and 2014 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 2013
harvest specifications published in the Federal Register on March 14,
2012 (77 FR 15194).

Specification and Apportionment of TAC Amounts

The Council recommended proposed 2013 and 2014 TACs that are equal
to proposed ABCs for all species and species groups, with the exception
of Pacific cod, shallow-water flatfish, arrowtooth flounder, flathead
sole, other rockfish, and Atka mackerel. The Pacific cod TACs are set
to accommodate the State of Alaska's (State) guideline harvest levels
(GHL) for Pacific cod so that the ABCs are not exceeded. The flathead
sole, shallow-water flatfish, and arrowtooth flounder TACs are set to
conserve the halibut PSC limit for use in other fisheries. The other
rockfish TAC is set to reduce the potential amount of discards in the
Southeast Outside (SEO) District. The Atka mackerel TAC is set to
accommodate incidental catch amounts of this species in other directed
fisheries.
The ABC for the pollock stock in the combined Western, Central, and
West Yakutat Regulatory Areas (W/C/WYK) has been adjusted to reflect
the GHL established by the State for the Prince William Sound (PWS)
pollock fishery since its inception in 1995. Genetic studies revealed
that the pollock in PWS was not a separate stock from the combined W/C/
WYK population. Accordingly, the Council recommended decreasing the W/
C/WYK pollock ABC to account for the State's PWS GHL. For 2013 and
2014, the PWS GHL for pollock is 2,770 mt, per the recommendation of
State of Alaska fisheries managers.
The apportionment of annual pollock TAC among the Western and
Central Regulatory Areas of the GOA reflects the seasonal biomass
distribution and is discussed in greater detail below. The annual
pollock TAC in the Western and Central Regulatory Areas of the GOA is
apportioned among Statistical Areas 610, 620, and 630, and divided
equally among each of the following four seasons: the A season (January
20 through March 10), the B season (March 10 through May 31), the C
season (August 25 through October 1), and the D season (October 1
through November 1) (Sec. 679.23(d)(2)(i) through (iv), and Sec.
679.20(a)(5)(iv)(A) and (B)). Table 2 lists these amounts.
The AP, SSC, and Council recommended apportionment of the ABC for
Pacific cod in the GOA among regulatory areas based on the three most
recent NMFS summer trawl surveys. The proposed 2013 and 2014 Pacific
cod TACs are affected by the State's GHL fishery for Pacific cod in
State waters in the Western and Central Regulatory Areas, as well as in
PWS. The Plan Team, SSC, AP, and Council recommended that the sum of
all State and Federal water Pacific cod removals from the GOA not
exceed ABC recommendations. Accordingly, the Council recommended
reducing the proposed 2013 and 2014 Pacific cod TACs from the proposed
ABCs for the Eastern, Central, and Western Regulatory Areas to account
for State GHLs. Therefore, the proposed 2013 and 2014 Pacific cod TACs
are less than the proposed ABCs by the following amounts: (1) Eastern
GOA, 683 mt; (2) Central GOA, 14,788 mt; and (3) Western GOA, 7,280 mt.
These amounts reflect the sum of the State's 2013 and 2014 GHLs in
these areas, which are 25 percent of the Eastern, Central, and Western
GOA proposed ABCs. These are the same percentage amounts used to
apportion the Pacific cod ABCs to State waters GHLs that were used in
2012.
NMFS also is proposing seasonal apportionments of the annual
Pacific cod TACs in the Western and Central Regulatory Areas. Sixty
percent of the annual TAC is apportioned to the A season for hook-and-
line, pot, or jig gear from January 1 through June 10, and for

[[Page 72300]]

trawl gear from January 20 through June 10. Forty percent of the annual
TAC is apportioned to the B season for jig gear from June 10 through
December 31, for hook-and-line or pot gear from September 1 through
December 31, and for trawl gear from September 1 through November 1
(Sec. Sec. 679.23(d)(3) and 679.20(a)(12)).
The Council's recommendation for sablefish area apportionments also
takes into account the prohibition on the use of trawl gear in the SEO
District of the Eastern Regulatory Area and makes available five
percent of the combined Eastern Regulatory Area TACs to trawl gear for
use as incidental catch in other directed groundfish fisheries in the
WYK District (Sec. 679.20(a)(4)(i)). Tables 4 and 5 list these
amounts.
The sum of the proposed TACs for all GOA groundfish is 447,752 mt
for 2013 and 2014, which is within the OY range specified by the FMP.
The sums of the proposed 2013 and 2014 TACs are higher than the final
2012 TACs currently specified for the GOA groundfish fisheries (77 FR
15194, March 14, 2012). The proposed 2013 and 2014 TACs for pollock,
Pacific cod, flathead sole, and rougheye rockfish are higher than the
final 2012 TACs for these species. The proposed 2013 and 2014 TACs for
sablefish, shallow-water flatfish, rex sole, Pacific ocean perch,
northern rockfish, and pelagic shelf rockfish are lower than the final
2012 TACs for these species. The proposed 2013 and 2014 TACs are equal
to the final 2012 TACs for the remaining species.
For 2013 and 2014, 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 levels.
The sum of the proposed 2013 and 2014 ABCs for all assessed groundfish
is 612,506 mt, which is higher than the final 2012 ABC total of 606,048
mt (77 FR 15194, March 14, 2012).
Table 1 lists the proposed 2013 and 2014 OFLs, ABCs, TACs, and area
apportionments of groundfish in the GOA. These amounts are consistent
with the biological condition of groundfish stocks as described in the
2011 SAFE report, and adjusted for other biological and socioeconomic
considerations, including maintaining the total TAC within the required
OY range. These proposed amounts and apportionments by area, season,
and sector are subject to change pending consideration of the draft
2012 SAFE report and the Council's recommendations for the final 2013
and 2014 harvest specifications during its December 2012 meeting.

Table 1--Proposed 2013 and 2014 ABCs, TACs, and OFLs of Groundfish for the Western/Central/West Yakutat (W/C/
WYK), Western (W), Central (C), Eastern (E) Regulatory Areas, and in the West Yakutat (WYK), Southeast Outside
(SEO), and Gulfwide (GW) Districts of the Gulf of Alaska
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Species Area \1\ OFL ABC TAC
----------------------------------------------------------------------------------------------------------------
Pollock \2\........................... Shumagin (610).......... n/a 32,816 32,816
Chirikof (620).......... n/a 49,662 49,662
Kodiak (630)............ n/a 28,565 28,565
WYK (640)............... n/a 3,517 3,517
W/C/WYK (subtotal)...... 155,402 114,560 114,560
SEO (650)............... 14,366 10,774 10,774
Total................... 169,768 125,334 125,334
----------------------------------------------------------------------------------------------------------------
Pacific cod \3\....................... W....................... n/a 29,120 21,840
C....................... n/a 59,150 44,363
E....................... n/a 2,730 2,047
Total................... 108,000 91,000 68,250
----------------------------------------------------------------------------------------------------------------
Sablefish \4\......................... W....................... n/a 1,757 1,757
C....................... n/a 5,686 5,686
WYK..................... n/a 2,219 2,219
SEO..................... n/a 3,132 3,132
E (WYK and SEO) n/a 5,351 5,351
(subtotal).
Total................... 15,129 12,794 12,794
----------------------------------------------------------------------------------------------------------------
Shallow-water flatfish \6\............ W....................... n/a 20,171 13,250
C....................... n/a 21,012 18,000
WYK..................... n/a 3,950 3,950
SEO..................... n/a 1,350 1,350
Total................... 56,781 46,483 36,550
----------------------------------------------------------------------------------------------------------------
Deep-water flatfish \5\............... W....................... n/a 176 176
C....................... n/a 2,308 2,308
WYK..................... n/a 1,581 1,581
SEO..................... n/a 1,061 1,061
Total................... 6,834 5,126 5,126
----------------------------------------------------------------------------------------------------------------
Rex sole.............................. W....................... n/a 1,283 1,283
C....................... n/a 6,291 6,291
WYK..................... n/a 821 821
SEO..................... n/a 1,037 1,037
Total................... 12,326 9,432 9,432
----------------------------------------------------------------------------------------------------------------
Arrowtooth flounder................... W....................... n/a 27,386 14,500
C....................... n/a 142,591 75,000
WYK..................... n/a 21,074 6,900

[[Page 72301]]

SEO..................... n/a 20,982 6,900
Total................... 249,066 212,033 103,300
----------------------------------------------------------------------------------------------------------------
Flathead sole......................... W....................... n/a 15,518 8,650
C....................... n/a 26,205 15,400
WYK..................... n/a 4,623 4,623
SEO..................... n/a 1,735 1,735
Total................... 60,219 48,081 30,408
----------------------------------------------------------------------------------------------------------------
Pacific ocean perch \7\............... W....................... 2,364 2,050 2,050
C....................... 12,662 10,985 10,985
WYK..................... n/a 1,650 1,650
SEO..................... n/a 1,815 1,815
E (WYK and SEO) 3,995 n/a n/a
(subtotal).
Total................... 19,021 16,500 16,500
----------------------------------------------------------------------------------------------------------------
Northern rockfish 8 9................. W....................... n/a 2,017 2,017
C....................... n/a 3,136 3,136
E....................... n/a n/a n/a
Total................... 6,152 5,153 5,153
----------------------------------------------------------------------------------------------------------------
Shortraker rockfish \11\.............. W....................... n/a 104 104
C....................... n/a 452 452
E....................... n/a 525 525
Total................... 1,441 1,081 1,081
----------------------------------------------------------------------------------------------------------------
Other rockfish 9 12................... W....................... n/a 44 44
C....................... n/a 606 606
WYK..................... n/a 230 230
SEO..................... n/a 3,165 200
Total................... 5,305 4,045 1,080
----------------------------------------------------------------------------------------------------------------
Pelagic shelf rockfish \13\........... W....................... n/a 381 381
C....................... n/a 3,581 3,581
WYK..................... n/a 504 504
SEO..................... n/a 296 296
Total................... 5,822 4,762 4,762
----------------------------------------------------------------------------------------------------------------
Rougheye rockfish \10\................ W....................... n/a 82 82
C....................... n/a 861 861
E....................... n/a 297 297
Total................... 1,492 1,240 1,240
----------------------------------------------------------------------------------------------------------------
Demersal shelf rockfish \14\.......... SEO..................... 467 293 293
----------------------------------------------------------------------------------------------------------------
Thornyhead rockfish................... W....................... n/a 150 150
C....................... n/a 766 766
E....................... n/a 749 749
Total................... 2,220 1,665 1,665
----------------------------------------------------------------------------------------------------------------
Atka mackerel......................... GW...................... 6,200 4,700 2,000
Big skates \15\....................... W....................... n/a 469 469
C....................... n/a 1,793 1,793
E....................... n/a 1,505 1,505
Total................... 5,023 3,767 3,767
----------------------------------------------------------------------------------------------------------------
Longnose skates \16\.................. W....................... n/a 70 70
C....................... n/a 1,879 1,879
E....................... n/a 676 676
Total................... 3,500 2,625 2,625
----------------------------------------------------------------------------------------------------------------
Other skates \17\..................... GW...................... 2,706 2,030 2,030
Squids................................ GW...................... 1,530 1,148 1,148
Sharks................................ GW...................... 8,037 6,028 6,028
Octopus............................... GW...................... 1,941 1,455 1,455
Sculpins.............................. GW...................... 7,641 5,731 5,731
-------------------------------------------------------------------------

[[Page 72302]]

Total............................. ........................ 756,621 612,506 447,752
----------------------------------------------------------------------------------------------------------------
\1\ Regulatory areas and districts are defined at Sec. 679.2. (W=Western Gulf of Alaska; C=Central Gulf of
Alaska; E=Eastern Gulf of Alaska; WYK=West Yakutat District; SEO=Southeast Outside District; GW=Gulf-wide).
\2\ Pollock is apportioned in the Western/Central Regulatory Areas among three statistical areas. Table 2 lists
the proposed 2013 and 2014 seasonal apportionments. In the West Yakutat and Southeast Outside Districts of the
Eastern Regulatory Area, pollock is not divided into seasonal allowances.
\3\ Section 679.20(a)(12)(i) requires the allocation of the Pacific cod TACs in the Western and Central
Regulatory Areas of the GOA among gear and operational sectors. The annual Pacific cod TAC is apportioned
among various sectors 60 percent to the A season and 40 percent to the B season in the Western and Central
Regulatory Areas of the GOA. In the Eastern Regulatory Area of the GOA, Pacific cod is allocated 90 percent
for processing by the inshore component and 10 percent for processing by the offshore component. Table 3 lists
the proposed 2013 and 2014 Pacific cod seasonal apportionments.
\4\ Sablefish is allocated to hook-and-line and trawl gear in 2013 and trawl gear in 2014. Tables 4 and 5 list
the proposed 2013 and 2014 allocations of sablefish TACs.
\5\ ``Deep-water flatfish'' means Dover sole, Greenland turbot, Kamchatka flounder, and deep-sea sole.
\6\ ``Shallow-water flatfish'' means flatfish not including ``deep-water flatfish,'' flathead sole, rex sole, or
arrowtooth flounder.
\7\ ``Pacific ocean perch'' means Sebastes alutus.
\8\ ``Northern rockfish'' means Sebastes polyspinous. For management purposes the 3 mt apportionment of ABC to
the WYK District of the Eastern Gulf of Alaska has been included in the slope rockfish species group.
\9\ ``Other rockfish'' means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio),
S. goodei (chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), S. variegatus (harlequin), S.
wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S. zacentrus (sharpchin), S. jordani
(shortbelly), S. brevispinis (silvergray), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus
(vermilion), S. reedi (yellowmouth), S. entomelas (widow), and S. flavidus (yellowtail). In the Eastern GOA
only, other rockfish also includes northern rockfish, S. polyspinous.
\10\ ``Rougheye rockfish'' means Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted).
\11\ ``Shortraker rockfish'' means Sebastes borealis.
\12\ ``Other rockfish'' in the Western and Central Regulatory Areas and in the West Yakutat District means slope
rockfish and demersal shelf rockfish. The ``other rockfish'' species group in the SEO District means slope
rockfish.
\13\ ``Pelagic shelf rockfish'' means Sebastes variabilis (dusky).
\14\ ``Demersal shelf rockfish'' means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper),
S. maliger (quillback), S. helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye).
\15\ ``Big skate'' means Raja binoculata.
\16\ ``Longnose skate'' means Raja rhina.
\17\ ``Other skates'' means Bathyraja spp.

Proposed Apportionment of Reserves

Section 679.20(b)(2) requires NMFS to set aside 20 percent of each
TAC for pollock, Pacific cod, flatfish, skates, sharks, squids,
sculpins, and octopuses in reserves for possible apportionment at a
later date during the fishing year. In 2012, NMFS apportioned all of
the reserves in the final harvest specifications. For 2013 and 2014,
NMFS proposes reapportionment of all the reserves for pollock, Pacific
cod, flatfish, skates, sharks, squids, sculpins, and octopuses in
anticipation of the projected annual catch of these species. Table 1
reflects the apportionment of reserve amounts for these species and
species groups. Each proposed TAC for the above mentioned species
categories contains the full TAC recommended by the Council, since no
reserve was created from the relevant species and species groups.

Proposed Apportionments of Pollock TAC Among Seasons and Regulatory
Areas, and Allocations for Processing by Inshore and Offshore
Components

In the GOA, pollock is apportioned by season and area, and is
further allocated between inshore and offshore processing components.
Pursuant to Sec. 679.20(a)(5)(iv)(B), the annual pollock TAC specified
for the Western and Central Regulatory Areas of the GOA is apportioned
into four equal seasonal allowances of 25 percent. As established by
Sec. 679.23(d)(2)(i) through (iv), the A, B, C, and D season
allowances are available from January 20 through March 10, March 10
through May 31, August 25 through October 1, and October 1 through
November 1, respectively.
Pollock TACs in the Western and Central Regulatory Areas of the GOA
are apportioned among Statistical Areas 610, 620, and 630, pursuant to
Sec. 679.20(a)(5)(iv)(A). In the A and B seasons, the apportionments
are in proportion to the distribution of pollock biomass based on the
four most recent NMFS winter surveys. In the C and D seasons, the
apportionments are in proportion to the distribution of pollock biomass
based on the four most recent NMFS summer surveys. For 2013 and 2014,
the Council recommends, and NMFS proposes, averaging the winter and
summer distribution of pollock in the Central Regulatory Area for the A
season and instead of using the distribution based on only the winter
surveys. The average is intended to reflect the migration patterns,
distribution of pollock, and the performance of the fishery in the area
during the A season for 2013 and 2014. During the A season, the
apportionment is based on an adjusted estimate of the relative
distribution of pollock biomass of approximately 23 percent, 55
percent, and 23 percent in Statistical Areas 610, 620, and 630,
respectively. During the B season, the apportionment is based on the
relative distribution of pollock biomass of approximately 23 percent,
67 percent, and 10 percent in Statistical Areas 610, 620, and 630,
respectively. During the C and D seasons, the apportionment is based on
the relative distribution of pollock biomass of approximately 36
percent, 28 percent, and 35 percent in Statistical Areas 610, 620, and
630, respectively.
Within any fishing year, the amount by which a seasonal allowance
is underharvested or overharvested may be added to, or subtracted from,
subsequent seasonal allowances in a manner to be determined by the
Regional Administrator (Sec. 679.20(a)(5)(iv)(B)). The rollover

[[Page 72303]]

amount is limited to 20 percent of the unharvested seasonal
apportionment for the statistical area. Any unharvested pollock above
the 20 percent limit could be further distributed to the other
statistical areas, in proportion to the estimated biomass in the
subsequent season in those statistical areas (Sec.
679.20(a)(5)(iv)(B)). The proposed 2013 and 2014 pollock TACs in the
WYK District of 3,517 mt and SEO District of 10,774 mt are not
allocated by season.
Section 679.20(a)(6)(i) requires the allocation of 100 percent of
the pollock TAC in all regulatory areas and all seasonal allowances to
vessels catching pollock for processing by the inshore component after
subtraction of pollock amounts that are projected by the Regional
Administrator to be caught incidentally by, or delivered to, the
offshore component engaged in directed fishing for other groundfish
species. Thus, the amount of pollock available for harvest by vessels
harvesting pollock for processing by the offshore component is that
amount that will be taken as incidental catch during directed fishing
for groundfish species other than pollock, up to the maximum retainable
amounts allowed under Sec. 679.20(e) and (f). At this time, these
incidental catch amounts of pollock are unknown and will be determined
during the fishing year as NMFS monitors the fishing activities in the
offshore component.
Table 2 lists the proposed 2013 and 2014 seasonal biomass
distribution of pollock in the Western and Central Regulatory Areas,
area apportionments, and seasonal allowances. The amounts of pollock
for processing by the inshore and offshore components are not shown.

Table 2--Proposed 2013 and 2014 Distribution of Pollock in the Central and Western Regulatory Areas of the Gulf of Alaska; Seasonal Biomass
Distribution, Area Apportionments, and Seasonal Allowances of Annual TAC \1\
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------------------------------------------------------------------
Season \2\ Shumagin (Area 610)
Chirikof (Area 620)
Kodiak (Area 630) Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
A (Jan 20-Mar 10)............................................ 6,285 (22.64%) 15,202 (54.76%) 6,274 (21.15%) 27,761
B (Mar 10-May 31)............................................ 6,285 (22.64%) 18,668 (67.25%) 2,806 (10.11%) 27,760
C (Aug 25-Oct 1)............................................. 10,123 (36.47%) 7,896 (28.44%) 9,743 (32.19%) 27,761
D (Oct 1-Nov 1).............................................. 10,123 (36.47%) 7,896 (28.44%) 9,743 (32.19%) 27,761
------------------------------------------------------------------------------------------
Annual Total \3\............................................. 34,816 ........... 49,662 ........... 28,565 ........... 111,043
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Area apportionments and seasonal allowances may not total precisely due to rounding.
\2\ As established by Sec. 679.23(d)(2)(i) through (iv), the A, B, C, and D season allowances are available from January 20 to March 10, March 10 to
May 31, August 25 to October 1, and October 1 to November 1, respectively. The amounts of pollock for processing by the inshore and offshore
components are not shown in this table.
\3\ The WYK and SEO District pollock TACs are not allocated by season and are not included in the total pollock TACs shown in this table.

Proposed Annual and Seasonal Apportionments of Pacific Cod

Section 679.20(a)(12)(i) requires the allocation among gear and
operational sectors of the Pacific cod TACs in the Western and Central
Regulatory Areas of the GOA. Section 679.20(a)(6)(ii) requires the
allocation between the inshore and offshore components of the Pacific
cod TACs in the Eastern Regulatory Area of the GOA. NMFS allocates the
proposed 2013 and 2014 Pacific cod TAC based on these sector
allocations annually between the inshore and offshore components in the
Eastern GOA; seasonally between vessels using jig gear, CVs less than
50 feet in length overall using hook-and-line gear, CVs equal to or
greater than 50 in length overall using hook-and-line gear, C/Ps using
hook-and-line gear, CVs using trawl gear, C/Ps using trawl gear, and
vessels using pot gear in the Central GOA; and seasonally between
vessels using jig gear, CVs using hook-and-line gear, C/Ps using hook-
and-line gear, CVs using trawl gear, and vessels using pot gear in the
Western GOA. The overall seasonal apportionments in the Western and
Central GOA are 60 percent of the annual TAC to the A season and 40
percent of the annual TAC to the B season.
Under Sec. 679.20(a)(12)(ii), any overage or underage of the
Pacific cod allowance from the A season will be subtracted from, or
added to, the subsequent B season allowance. In addition, any portion
of the hook-and-line, trawl, pot, or jig sector allocations that are
determined by NMFS as likely to go unharvested by a sector may be
reapportioned to other sectors for harvest during the remainder of the
fishery year.
Pursuant to Sec. 679.20(a)(12)(i) NMFS proposes the allocations of
the proposed 2013 and 2014 Pacific cod TACs in the Western and Central
Regulatory Areas of the GOA. In accordance with the FMP, the annual jig
sector allocations may increase to up to 6 percent of the annual
Western and Central GOA Pacific cod TACs depending on the annual
performance of the jig sector (See Table 1 of Amendment 83 to the FMP
for a detailed discussion of the jig sector allocation process (76 FR
74670, December 1, 2011)). NMFS proposes that the jig sector would
receive 2.5 percent of the annual Pacific cod TAC in the Western GOA.
This includes a base allocation of 1.5 percent and an additional 1.0
percent because this sector harvested greater than 90 percent of its
initial 2012 allocation in the Western GOA. NMFS also proposes that the
jig sector would receive 2.0 percent of the annual Pacific cod TAC in
the Central GOA. This also is because this sector harvested greater
than 90 percent of its initial 2012 allocation in the Central GOA. The
jig sector allocations are further apportioned between the A (60
percent) and B (40 percent) season. The sector allocations based on
gear type, operation type, and vessel length overall are allocated the
remainder of the annual Pacific cod TAC in the Western and Central GOA.
These amounts are slightly less than the 2013 sector and seasonal
amounts established in the final 2012 and 2013 harvest specifications
(77 FR 15195, March 14, 2012), due to the proposed increase in the jig
apportionments in the Western and Central GOA. Table 3 lists the
seasonal apportionments and allocations of the proposed 2013 and 2014
Pacific cod TACs.

[[Page 72304]]

Table 3--Proposed 2013 and 2014 Seasonal Apportionments and Allocations of Pacific Cod TAC Amounts to Gear
Types, Operational Types, and Vessel Length Overall in the Western and Central Gulf of Alaska and Allocations
for Processing by the Inshore and Offshore Components in the Eastern Gulf of Alaska
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
A Season B Season
Annual ---------------------------------------------------------------
Regulatory area and sector allocation Sector % of Seasonal Sector % of Seasonal
(mt) annual non- allowances annual non- allowances
jig TAC (mt) jig TAC (mt)
----------------------------------------------------------------------------------------------------------------
Western GOA:
Jig (2.5% of TAC)........... 546 N/A 328 N/A 218
Hook-and-line CV............ 298 0.70 149 0.70 149
Hook-and-line C/P........... 4,216 10.90 2,321 8.90 1,895
Trawl CV.................... 8,177 27.70 5,898 10.70 2,278
Trawl C/P................... 511 0.90 192 1.50 319
Pot CV and Pot C/P.......... 8,092 19.80 4,216 18.20 3,876
Total................... 21,840 60.00 13,104 40.00 8,736
Central GOA:
Jig (2.0% of TAC)........... 887 N/A 532 N/A 355
Hook-and-line < 50 CV....... 6,348 9.32 4,050 5.29 2,298
Hook-and-line >= 50 CV...... 2,916 5.61 2,439 1.10 477
Hook-and-line C/P........... 2,219 4.11 1,785 1.00 434
Trawl CV.................... 18,079 21.13 9,189 20.45 8,890
Trawl C/P................... 1,825 2.00 871 2.19 954
Pot CV and Pot C/P.......... 12,088 17.83 7,752 9.97 4,337
Total................... 44,363 60.00 26,168 40.00 17,745
-------------------------------------------------------------------------------
Eastern GOA..................... .............. Inshore (90% of Annual TAC)
Offshore (10% of Annual TAC)
----------------------------------------------------------------------------------------------------------------
2,047 1,842
205
----------------------------------------------------------------------------------------------------------------

Proposed Allocations of the Sablefish TAC Amounts to Vessels Using
Hook-and-Line and Trawl Gear

Section 679.20(a)(4)(i) and (ii) require allocations of sablefish
TACs for each of the regulatory areas and districts to hook-and-line
and trawl gear. In the Western and Central Regulatory Areas, 80 percent
of each TAC is allocated to hook-and-line gear, and 20 percent of each
TAC is allocated to trawl gear. In the Eastern Regulatory Area, 95
percent of the TAC is allocated to hook-and-line gear and 5 percent is
allocated to trawl gear. The trawl gear allocation in the Eastern GOA
may only be used to support incidental catch of sablefish in directed
fisheries for other target species (Sec. 679.20(a)(4)(i)).
In recognition of the prohibition against trawl gear in the SEO
District of the Eastern Regulatory Area, the Council recommended and
NMFS proposes the allocation of 5 percent of the combined Eastern
Regulatory Area sablefish TAC to trawl gear in the WYK District making
the remainder of the WYK sablefish TAC available to vessels using hook-
and-line gear. As a result, NMFS proposes to allocate 100 percent of
the sablefish TAC in the SEO District to vessels using hook-and-line
gear. This recommendation results in a proposed 2013 allocation of 268
mt to trawl gear and 5,083 mt to hook-and-line gear in the Eastern GOA.
Table 4 lists the allocations of the proposed 2013 sablefish TACs to
hook-and-line and trawl gear. Table 5 lists the allocations of the
proposed 2014 sablefish TACs to trawl gear.
The Council recommended that the hook-and-line sablefish TAC be
established annually to ensure that the Individual Fishery Quota (IFQ)
fishery is conducted concurrent with the halibut IFQ fishery and is
based on the most recent survey information. The Council also
recommended that only the trawl sablefish TAC be established for two
years so that retention of incidental catch of sablefish by trawl gear
could commence in January in the second year of the groundfish harvest
specifications. Since there is an annual NMFS survey and assessment for
sablefish and the final harvest specifications are expected to be
published before the IFQ season begins (typically, in early March), the
Council recommended that the sablefish TAC be set on an annual basis so
that the best and most recent scientific information could be
considered in recommending the ABCs and TACs. With the exception of the
trawl allocations that were provided to the Rockfish Program
cooperatives, directed fishing for sablefish is closed for trawl gear
for the fishing year. Also, fishing for groundfish with trawl gear is
prohibited prior to January 20. Therefore, it is not likely that the
sablefish allocation to trawl gear would be reached before the
effective date of the final harvest specifications.

Table 4--Proposed 2013 Sablefish TAC Amounts in the Gulf of Alaska and Allocations to Hook-and-Line and Trawl
Gear
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Hook-and-line Trawl
Area/district TAC allocation allocation
----------------------------------------------------------------------------------------------------------------
Western......................................................... 1,757 1,406 351
Central......................................................... 5,686 4,549 1,137
West Yakutat \1\................................................ 2,219 1,951 268

[[Page 72305]]

Southeast Outside............................................... 3,132 3,132 0
-----------------------------------------------
Total....................................................... 12,794 11,038 1,756
----------------------------------------------------------------------------------------------------------------
\1\ The proposed trawl allocation is based on allocating 5 percent of the combined Eastern Regulatory Area (West
Yakutat and Southeast Outside districts combined) sablefish TAC to trawl gear in the West Yakutat district.

Table 5--Proposed 2014 Sablefish TAC Amounts in the Gulf of Alaska and Allocation to Trawl Gear \1\
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Hook-and-line Trawl
Area/district TAC allocation allocation
----------------------------------------------------------------------------------------------------------------
Western......................................................... 1,757 n/a 351
Central......................................................... 5,686 n/a 1,137
West Yakutat \2\................................................ 2,219 n/a 268
Southeast Outside............................................... 3,132 n/a 0
-----------------------------------------------
Total....................................................... 12,794 n/a 1,756
----------------------------------------------------------------------------------------------------------------
\1\ The Council recommended that harvest specifications for the hook-and-line gear sablefish Individual Fishing
Quota fisheries be limited to 1 year.
\2\ The proposed trawl allocation is based on allocating 5 percent of the combined Eastern Regulatory Area (West
Yakutat and Southeast Outside districts combined) sablefish TAC to trawl gear in the West Yakutat district.

Proposed Apportionments to the Central GOA Rockfish Program

These proposed 2013 and 2014 groundfish harvest specifications for
the GOA include the various fishery cooperative allocations and
sideboard limitations established by the Central GOA Rockfish Program.
Under the Rockfish Program, the rockfish primary species (Pacific ocean
perch, northern rockfish, and pelagic shelf rockfish) are allocated to
participants after deducting for incidental catch needs in other
directed groundfish fisheries.
The Rockfish Program assigns quota share and cooperative quota to
participants for primary and secondary species, allows a participant
holding a license limitation program (LLP) license with rockfish quota
share to form a rockfish cooperative with other persons, and allows
holders of C/P LLP licenses to opt-out of the fishery. The Rockfish
Program also has an entry level fishery for rockfish primary species
for vessels using longline gear. Additionally, the Rockfish Program
continues to establish sideboard limits to limit the ability of
harvesters operating under the Rockfish Program from increasing their
participation in other, non-Rockfish Program fisheries. Besides
groundfish species, the Rockfish Program allocates a portion of the
halibut PSC limit from the third season deep-water species fishery
allowance for the GOA trawl fisheries to Rockfish Program participants
(Sec. 679.81(d)). This includes 117 mt to the CV sector and 74 mt to
the C/P sector.
Section 679.81(a)(2)(ii) requires allocations of 5 mt of Pacific
ocean perch, 5 mt of northern rockfish, and 30 mt of pelagic shelf
rockfish to the entry level longline fishery in 2013 and 2014. The
allocation for the entry level longline fishery would increase
incrementally each year if the catch exceeds 90 percent of the
allocation of a species. The incremental increase in the allocation
would continue each year until it the maximum percent of the TAC for
that species. In 2012, the catch did not exceed 90 percent of any
allocated rockfish species. Therefore, NMFS is not proposing an
increase to the entry level longline fishery 2013 and 2014 allocations
in the Central GOA. Longline gear includes hook-and-line, jig, troll,
and handline gear. The remainder of the TACs for the rockfish primary
species would be allocated to the CV and C/P cooperatives. Table 6
lists the allocations of the proposed 2013 and 2014 TACs for each
rockfish primary species to the entry level longline fishery, the
incremental increase for future years, and the maximum percent of the
TAC for the entry level longline fishery.

Table 6--Proposed 2013 and 2014 Allocations of Rockfish Primary Species to the Entry Level Longline Fishery in
the Central Gulf of Alaska
----------------------------------------------------------------------------------------------------------------
Up to
Allocations of the Incremental increase per maximum
Rockfish primary species proposed 2013 and 2014 TAC season if catch exceeds 90 percent of
percent of the allocation TAC
----------------------------------------------------------------------------------------------------------------
Pacific ocean perch...................... 5 metric tons.............. 5 metric tons.............. 1
Northern rockfish........................ 5 metric tons.............. 5 metric tons.............. 2
Pelagic shelf rockfish................... 30 metric tons............. 20 metric tons............. 5
----------------------------------------------------------------------------------------------------------------

[[Page 72306]]

NMFS proposes allocations of rockfish primary species among various
components of the Rockfish Program. Table 7 lists the proposed 2013 and
2014 allocations of rockfish in the Central GOA to the entry level
longline fishery and other participants in the Rockfish Program, which
include CV and C/P cooperatives. NMFS also proposes setting aside
incidental catch amounts (ICAs) for other directed fisheries in the
Central GOA of 900 mt of Pacific ocean perch, 125 mt of northern
rockfish, and 125 mt of pelagic shelf rockfish. These amounts are based
on recent average incidental catches in the Central GOA by other
groundfish fisheries.
Allocations between vessels belonging to CV or C/P cooperatives are
not included in these proposed harvest specifications. Rockfish Program
applications for CV cooperatives, C/P cooperatives, and C/Ps electing
to opt-out of the program are not due to NMFS until March 1 of each
calendar year, thereby preventing NMFS from calculating 2013 and 2014
allocations in conjunction with these proposed harvest specifications.
NMFS will post these allocations on the Alaska Region Web site at
(https://alaskafisheries.noaa.gov/sustainablefisheries/goarat/default.htm) when they become available after March 1.

Table 7--Proposed 2013 and 2014 Allocations of Rockfish Primary Species in the Central Gulf of Alaska to the
Entry Level Longline Fishery and Other Participants in the Rockfish Program
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Initial Other
allocation to rockfish
Incidental the entry program
Rockfish primary species TAC catch TAC minus ICA level participants
allowance longline\1\ \2\
fishery allocation
----------------------------------------------------------------------------------------------------------------
Pacific ocean perch............. 10,985 900 10,085 5 10,080
Northern rockfish............... 3,136 125 3,011 5 3,006
Pelagic shelf rockfish.......... 3,581 125 3,456 30 3,426
-------------------------------------------------------------------------------
Total....................... 17,702 1,150 16,552 40 16,512
----------------------------------------------------------------------------------------------------------------
\1\ Longline gear includes hook-and-line, jig, troll, and handline gear (see 679.2 Definitions: Longline gear).
\2\ Other Rockfish Program participants include vessels in CV and C/P cooperatives.

Section 679.81(c) requires allocations of rockfish secondary
species to program participants in the Central GOA. CV cooperatives
receive allocations of Pacific cod, sablefish from the trawl gear
allocation, and thornyhead rockfish. C/P cooperatives receive
allocations of sablefish from the trawl allocation, rougheye rockfish,
shortraker rockfish, and thornyhead rockfish. Table 8 lists the
apportionments of the proposed 2013 and 2014 TACs of rockfish secondary
species in the Central GOA to CV and C/P cooperatives.

Table 8--Proposed 2013 and 2014 Apportionments of Rockfish Secondary Species in the Central GOA to CV and C/P
Cooperatives
[Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
CV cooperatives C/P cooperatives
Central GOA ---------------------------------------------------------------
Rockfish secondary species annual TAC Percentage of Apportionment Percentage of Apportionment
TAC (mt) TAC (mt)
----------------------------------------------------------------------------------------------------------------
Pacific cod..................... 44,363 3.81 1,690 N/A N/A
Sablefish....................... 5,686 6.78 386 3.51 200
Shortraker rockfish............. 452 N/A N/A 40.00 181
Rougheye rockfish............... 861 N/A N/A 58.87 507
Thornyhead rockfish............. 766 7.84 60 26.50 203
----------------------------------------------------------------------------------------------------------------

Proposed Halibut Prohibited Species Catch (PSC) Limits

Section 679.21(d) establishes annual halibut PSC limit
apportionments to trawl and hook-and-line gear, and authorizes the
establishment of apportionments for pot gear. In October 2012, the
Council recommended proposed halibut PSC limits of 1,973 mt for trawl
gear and 300 mt for hook-and-line gear for the 2013 and 2014 groundfish
fisheries. This is a result of a 27 mt reduction to the halibut PSC
apportionment to trawl gear fisheries incorporated in the Rockfish
Program (76 FR 81248, December 27, 2011) and specified in Table 28d to
50 CFR part 679. As discussed previously in this preamble, at its June
2012 meeting the Council took action to further reduce the GOA halibut
PSC limits. Implementation of those reductions may lead to adjustments
or reductions to the 2014 halibut PSC limits proposed in this action at
the beginning of 2014.
Ten mt of the 300 mt hook-and-line halibut PSC limit is further
allocated to the demersal shelf rockfish (DSR) fishery in the SEO
District. The DSR fishery is defined at Sec. 679.21(d)(4)(iii)(A).
This fishery has been apportioned 10 mt of the halibut PSC limit in
recognition of its small-scale harvests of groundfish. Most vessels in
the DSR fishery are less than 60 ft (18.3 m) length overall and have
been exempt from observer coverage. Therefore, observer data are not
available to verify actual halibut bycatch amounts. NMFS estimates low
halibut bycatch in the DSR fishery because (1) the duration of the DSR
fisheries and the gear soak times are short, (2) the DSR fishery occurs
in the winter when less overlap occurs in the distribution of DSR and
halibut, and (3) the directed commercial DSR fishery has a low DSR

[[Page 72307]]

TAC. The Alaska Department of Fish and Game sets the GHL for the DSR
fishery after estimates of DSR incidental catch in all fisheries
(including halibut and subsistence) and allocation to the DSR sport
fish fishery have been deducted. Of the 293 mt TAC for DSR in 2012, 128
mt were available for the DSR commercial directed fishery, of which 105
mt were harvested.
The FMP authorizes the Council to exempt specific gear from the
halibut PSC limit. NMFS, after consultation with the Council, proposes
to exempt pot gear, jig gear, and the sablefish IFQ hook-and-line gear
fishery categories from the non-trawl halibut PSC limit for 2013 and
2014. The Council recommended and NMFS is proposing these exemptions
because: (1) Pot gear fisheries have low annual halibut bycatch
mortality (averaging 19 mt annually from 2001 through 2010), (2) IFQ
program regulations prohibit discard of halibut if any halibut IFQ
permit holder on board a CV holds unused halibut IFQ (Sec.
679.7(f)(11)), (3) sablefish IFQ fishermen typically hold halibut IFQ
permits and are therefore required to retain the halibut they catch
while fishing sablefish IFQ, and (4) NMFS estimates negligible halibut
mortality for the jig gear fisheries. NMFS estimates halibut mortality
is negligible in the jig gear fisheries given the small amount of
groundfish harvested by jig gear (averaging 297 mt annually from 2003
through 2011), the selective nature of jig gear, and the high survival
rates of halibut caught and released with jig gear.
Section 679.21(d)(5) authorizes NMFS to seasonally apportion the
halibut PSC limits after consultation with the Council. The FMP and
regulations require that the Council and NMFS consider the following
information in seasonally apportioning halibut PSC limits: (1) Seasonal
distribution of halibut, (2) seasonal distribution of target groundfish
species relative to halibut distribution, (3) expected halibut bycatch
needs on a seasonal basis relative to changes in halibut biomass and
expected catch of target groundfish species, (4) expected bycatch rates
on a seasonal basis, (5) expected changes in directed groundfish
fishing seasons, (6) expected actual start of fishing effort, and (7)
economic effects of establishing seasonal halibut allocations on
segments of the target groundfish industry.
The final 2012 and 2013 harvest specifications (77 FR 15194, March
14, 2012) summarized the Council's and NMFS' findings with respect to
halibut PSC for each of these FMP considerations. The Council's and
NMFS' findings for 2013 and 2014 are unchanged from 2012, with one
exception. As previously mentioned, the total trawl gear PSC limit has
been adjusted to 1,973 mt from 2,000 mt. Table 9 lists the proposed
2013 and 2014 Pacific halibut PSC limits, allowances, and
apportionments. Section 679.21(d)(5)(iii) and (iv) specify that any
underages or overages of a seasonal apportionment of a PSC limit will
be deducted from or added to the next respective seasonal apportionment
within the fishing year.
[GRAPHIC] [TIFF OMITTED] TP05DE12.005

Section 679.21(d)(3)(ii) authorizes further apportionment of the
trawl halibut PSC limit to trawl fishery categories. The annual
apportionments are based on each category's proportional share of the
anticipated halibut bycatch mortality during a fishing year and
optimization of the total amount of groundfish harvest under the
halibut PSC limit. The fishery categories for the trawl halibut PSC
limits are (1) a deep-water species category, composed of sablefish,
rockfish, deep-water flatfish, rex sole, and arrowtooth flounder; and
(2) a shallow-water species category, composed of pollock, Pacific cod,
shallow-water flatfish, flathead sole, Atka mackerel, and ``other
species'' (skates, sharks, squids, sculpins, and octopuses) (Sec.
679.21(d)(3)(iii)). Table 10 lists the proposed 2013 and 2014 seasonal
apportionments of trawl halibut PSC limits between the deep-water and
the shallow-water species categories. Based on public comment and
information presented in the final 2012 SAFE report, the Council may
recommend or NMFS may make changes to the seasonal, gear-type, or
fishery category apportionments of halibut PSC limits for the final
2013 and 2014 harvest specifications.

[[Page 72308]]

[GRAPHIC] [TIFF OMITTED] TP05DE12.006

Section 679.21(d)(4) requires the ``other than DSR'' halibut PSC
apportionment to vessels using hook-and-line gear must be apportioned
between CVs and C/Ps. NMFS must calculate the halibut PSC limit
apportionments for the entire GOA to hook-and-line CVs and C/Ps in
accordance with Sec. 679.21(d)(4)(iii)(B)(1) and (2) in conjunction
with these harvest specifications. A comprehensive description and
example of the calculations necessary to apportion the ``other than
DSR'' hook-and-line halibut PSC limit between the hook-and-line CV and
C/P sectors were included in the proposed rule to implement Amendment
83 (76 FR 44700, July 26, 2011) and is not repeated here.
For 2013 and 2014, NMFS proposes that hook-and-line CV and hook-
and-line C/P sectors receive annual halibut PSC limits of 173 mt and
117 mt, respectively. In addition, these annual limits are divided
between three seasonal apportionments, using seasonal percentages of 86
percent, 2 percent, and 12 percent. Table 11 lists the proposed annual
limits and seasonal apportionments.
No later than November 1 of each year, NMFS would calculate the
projected unused amount of halibut PSC limit by either of the hook-and-
line sectors for the remainder of the year. The projected unused amount
of halibut PSC limit would be made available to the other hook-and-line
sector for the remainder of that fishing year.

Table 11--Proposed 2013 and 2014 Apportionments of the ``Other Hook-and-Line Fisheries'' Halibut PSC Allowance Between the Hook-and-Line Gear Catcher
Vessel and Catcher/Processor Sectors
[Values are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Percent of Sector
``Other than DSR'' allowance Hook-and-line sector annual Sector annual Season Seasonal seasonal
allowance amount percentage amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
290............................. Catcher Vessel............ 59.69 173 January 1-June 10......... 86 149
June 10-September 1....... 2 3
September 1-December 31... 12 21
Catcher/Processor......... 40.31 117 January 1-June 10......... 86 101
June 10-September 1....... 2 2
September 1-December 31... 12 14
--------------------------------------------------------------------------------------------------------------------------------------------------------

Estimated Halibut Bycatch in Prior Years

The best available information on estimated halibut bycatch is data
collected by fisheries observers during 2012. The calculated halibut
bycatch mortality through October 20, 2012, is 1,573 mt for trawl gear,
152 mt for hook-and-line gear, and 38 mt for pot gear for a total
halibut mortality of 1,763 mt. This halibut mortality was calculated
using groundfish and halibut catch data from the NMFS Alaska Region's
catch accounting system. This system contains historical and recent
catch information compiled from each Alaska groundfish fishery.
Halibut bycatch restrictions seasonally constrained trawl gear
fisheries during the 2012 fishing year. Table 12 displays the closure
dates for fisheries that resulted from the attainment of seasonal or
annual halibut PSC limits. NMFS does not know the amount of groundfish
that trawl gear might have harvested if halibut PSC

[[Page 72309]]

limits had not restricted some 2012 GOA groundfish fisheries.

Table 12--2012 Fishery Closures Due to Attainment of Pacific Halibut PSC Limits
----------------------------------------------------------------------------------------------------------------
Fishery category Opening date Closure date Federal Register citation
----------------------------------------------------------------------------------------------------------------
Trawl Shallow-water, Amendment 80 January 20, 2012...... February 24, 2012..... 77 FR 12213, February 29,
vessels, season 1. 2012.
Trawl Shallow-water,\1\ season 1... January 20, 2012...... March 26, 2012........ 77 FR 19146, March 30,
2012.
Trawl Deep-water,\1\ season 2...... April 1, 2012......... April 19, 2012........ 77 FR 24154, April 23,
2012.
Trawl Shallow-water, season 2...... April 1, 2012......... May 31, 2012.......... 77 FR 33103, June 5, 2012.
Trawl Shallow-water, season 3...... July 1, 2012.......... July 14, 2012......... 77 FR 42193, July 18, 2012.
Trawl Shallow-water,\1\ season 4... September 1, 2012..... September 2, 2012..... 77 FR 54837, September 6,
2012.
Hook-and-line gear, all sectors and January 1, 2012....... Remains open.
targets \2\.
----------------------------------------------------------------------------------------------------------------
\1\ With the exception of vessels participating in the Central GOA Rockfish Program and vessels fishing for
pollock using pelagic trawl gear.
\2\ With the exception of the IFQ sablefish fishery, which is open March 17, 2012, through November 7, 2012.

Current Estimates of Halibut Biomass and Stock Condition

The International Pacific Halibut Commission (IPHC) annually
assesses the abundance and potential yield of the Pacific halibut using
all available data from the commercial and sport fisheries, other
removals, and scientific surveys. Additional information on the Pacific
halibut stock assessment may be found in the IPHC's 2011 Pacific
halibut stock assessment (December 2011), available on the IPHC Web
site at www.iphc.int. The IPHC considered the 2011 Pacific halibut
stock assessment for 2012 at its January 2012 annual meeting when it
set the 2012 commercial halibut fishery catch limits. The IPHC will
consider the 2012 Pacific halibut stock assessment for 2013 at its
January 2013 annual meeting when it set the 2013 commercial halibut
fishery catch limits.
The halibut resource is fully utilized. Recent catches in the
commercial halibut fisheries in Alaska over the last 18 years (1994
through 2011) have averaged 31,535 mt round weight per year. In January
2012, the IPHC recommended Alaska commercial catch limits totaling
15,430 mt round weight for 2012, a 21.5 percent decrease from 19,662 mt
in 2011. Through December 31, 2011, commercial hook-and-line harvests
of halibut off Alaska totaled 19,140 mt round weight. The IPHC staff
recommendations for commercial catch limits continue to be based on
applying the Slow Up--Full Down policy of a 33 percent increase from
the previous year's catch limits when stock yields are projected to
increase, but uses a 100 percent decrease in recommended catch when
stock yields are projected to decrease, as was done for the 2011
fishery.
The 2012 commercial halibut catch limits were lower in all Alaska
regions except Area 2C. The largest decreases in the 2012 catch limit
recommendations for Alaska were for Area 3A, from 8,685 mt round weight
in 2011 to 7,208 mt round weight in 2012; for Area 3B, from 4,542 mt in
2011 to 3,066 mt in 2012; for Area 4A, from 1,458 mt in 2011 to 948 mt
in 2012; for Area 4B, from 1,318 mt in 2011 to 1,130 mt in 2012; and
for combined Areas CDE, from 2,250 mt in 2011 to 1,491 mt in 2012. The
only increase in catch limit recommendations in Alaska was for Area 2C,
from 1,409 mt round weight in 2011 to 1,587 mt round weight in 2012.
Additional information on the Pacific halibut stock assessment may
be found in the IPHC's 2011 Pacific halibut stock assessment (December
2011), available on the IPHC Web site at https://www.iphc.int. The IPHC
will consider the 2012 Pacific halibut stock assessment at its January
2013 annual meeting when it will set the 2013 commercial halibut
fishery catch limits.

Other Considerations Associated With Halibut PSC

The IPHC determines the allowable directed commercial catch by
first accounting for recreational and subsistence catch, waste, and
bycatch mortality, and then provides the remainder to the directed
fishery. Accordingly, the IPHC will adjust the allowable 2013
commercial catch of halibut to account for the overall halibut PSC
limit established for groundfish fisheries. NMFS expects the 2013 GOA
groundfish fisheries to use the entire proposed annual halibut PSC
limit of 2,273 mt. Methods available for reducing halibut bycatch
include (1) consistent monitoring through publication of vessel
specific bycatch rates on the NMFS Alaska Region Web site at https://alaskafisheries.noaa.gov, (2) modifications to gear, (3) changes in
groundfish fishing seasons, (4) individual transferable quota programs,
and (5) time/area closures.
With respect to fishing gear modifications, NMFS has implemented
various regulations to address halibut bycatch concerns that are
associated with different gear types. The definitions of the various
gear types defined at Sec. 679.2 under ``Authorized fishing gear''
delineate a variety of different requirements and restrictions by gear
type. Many of these requirements are intended to decrease or minimize
halibut bycatch by pot, trawl, and hook-and-line gear.
For example, groundfish pots must be constructed with biodegradable
panels and tunnel openings to reduce halibut bycatch, thereby reducing
halibut mortality in the groundfish pot fisheries. Further, the
definition of ``pelagic trawl gear'' includes specific construction
parameters and performance characteristics that distinguish it from
nonpelagic trawl gear, which is designed for use in proximity to the
seafloor. Because halibut bycatch by pelagic trawl gear is minimal,
directed fishing for pollock with pelagic trawl gear may continue even
when the halibut PSC limit for the shallow-water species fishery is
reached (see Sec. 679.21(d)(7)(i)). Finally, all hook-and-line vessel
operators are required to employ careful release measures when

[[Page 72310]]

handling halibut bycatch (Sec. 679.7(a)(13)). These measures are
intended to reduce handling mortality, thereby lowering overall halibut
bycatch mortality in the groundfish fisheries, and to increase the
amount of groundfish harvested under the available halibut mortality
bycatch limits.
The FMP requires that the Council review recent halibut bycatch
data and recommend proposed halibut PSC limits in conjunction with
developing proposed groundfish harvest levels. NMFS and the Council
will review the methods listed here that are available for reducing
halibut bycatch to determine their effectiveness and will initiate
changes to these PSC limits, as necessary, in response to this review
or to public testimony and comment.

Halibut Discard Mortality Rates

To monitor halibut bycatch mortality allowances and apportionments,
the Regional Administrator uses observed halibut bycatch rates, discard
mortality 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 proposes that the halibut DMRs developed and recommended by
the IPHC and the Council for the 2013-2015 GOA groundfish fisheries be
used to monitor the proposed 2013 and 2014 halibut bycatch mortality
allowances (see Tables 9-11). The IPHC developed the DMRs for the GOA
groundfish fisheries using the 10-year mean DMRs for those fisheries.
Long-term average DMRs were not available for some fisheries, so rates
from the most recent years were used. For the squid, shark, sculpin,
octopus, and skate fisheries, where insufficient mortality data are
available, the mortality rate of halibut caught in the Pacific cod
fishery for that gear type was recommended as a default rate. The IPHC
will analyze observer data annually and recommend changes to the DMRs
when a fishery DMR shows large variation from the mean. A discussion of
the DMRs and how the IPHC establishes them is available from the
Council (see ADDRESSES). Table 13 lists the proposed 2013 and 2014
DMRs.

Table 13--Proposed 2013 and 2014 Halibut Discard Mortality Rates for
Vessels Fishing in the Gulf of Alaska
[Values are percent of halibut assumed to be dead]
------------------------------------------------------------------------
Mortality rate
Gear Target fishery (%)
------------------------------------------------------------------------
Hook-and-line..................... Other fisheries \1\. 11
Skates.............. 11
Pacific cod......... 11
Rockfish............ 9
Trawl............................. Arrowtooth flounder. 73
Deep-water flatfish. 43
Flathead sole....... 65
Non-pelagic pollock. 60
Other fisheries..... 62
Pacific cod......... 62
Pelagic pollock..... 71
Rex sole............ 69
Rockfish............ 66
Sablefish........... 71
Shallow-water 67
flatfish.
Pot............................... Other fisheries..... 17
Pacific cod......... 17
------------------------------------------------------------------------
\1\ Other fisheries includes all gear types for Atka mackerel, sculpins,
sharks, skates, squids, octopuses, and hook-and-line sablefish.

Chinook Salmon Prohibited Species Catch Limits

In 2012, NMFS issued a final rule to implement Amendment 93 to the
GOA FMP (77 FR 42629, July 20, 2012). Amendment 93 established separate
Chinook salmon PSC limits in the Western and Central GOA in the
directed pollock fishery. These limits require NMFS to close the
pollock directed fishery in the Western and Central regulatory areas of
the GOA if the applicable limit is reached (Sec. 679.21(h)(6)). The
annual Chinook salmon PSC limits in the pollock directed fishery of
6,684 salmon in the Western GOA and 18,316 salmon in the Central GOA
are set in regulation at Sec. 679.21(h)(2)(i) and (ii). In addition,
all salmon (regardless of species), taken in the pollock directed
fisheries in the Western and Central GOA must be retained until an
observer at the processing facility that takes delivery of the catch is
provided an opportunity to count the number of salmon and to collect
any scientific data or biological samples from the salmon (Sec.
679.21(h)(4)).

American Fisheries Act (AFA) Catcher/Processor and Catcher Vessel
Groundfish Sideboard Limits

Section 679.64 establishes groundfish harvesting and processing
sideboard limits on AFA C/Ps and CVs in the GOA. These sideboard limits
are necessary to protect the interests of fishermen and processors who
do not directly benefit from the AFA from those fishermen and
processors who receive exclusive harvesting and processing privileges
under the AFA. Section 679.7(k)(1)(ii) prohibits listed AFA C/Ps from
harvesting any species of fish in the GOA. Additionally, Sec.
679.7(k)(1)(iv) prohibits listed AFA C/Ps from processing any pollock
harvested in a directed pollock fishery in the GOA and any groundfish
harvested in Statistical Area 630 of the GOA.
AFA CVs that are less than 125 ft (38.1 meters) length overall,
have annual landings of pollock in the Bering Sea and Aleutian Islands
of less than 5,100 mt, and have made at least 40 landings of GOA
groundfish from 1995 through 1997 are exempt from GOA sideboard limits
under Sec. 679.64(b)(2)(ii). Sideboard limits for non-exempt AFA CVs
operating in the GOA are based on their traditional harvest levels of
TAC in

[[Page 72311]]

groundfish fisheries covered by the FMP. Section 679.64(b)(3)(iii)
establishes the groundfish sideboard limitations in the GOA based on
the retained catch of non-exempt AFA CVs of each sideboard species from
1995 through 1997 divided by the TAC for that species over the same
period.
Table 14 lists the proposed 2013 and 2014 groundfish sideboard
limits for non-exempt AFA CVs. NMFS will deduct all targeted or
incidental catch of sideboard species made by non-exempt AFA CVs from
the sideboard limits listed in Table 14.

Table 14--Proposed 2013 and 2014 GOA Non-Exempt American Fisheries Act Catcher Vessel (CV) Groundfish Harvest Sideboard Limits
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ratio of 1995-
1997 non- Proposed 2013
Species Apportionments by season/ Area/component exempt AFA CV Proposed 2013 and 2014 non-
gear catch to 1995- and 2014 TACs exempt AFA CV
1997 TAC sideboard limit
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock.................................. A Season--January 20-March Shumagin (610).............. 0.6047 6,285 3,801
10.
Chirikof (620).............. 0.1167 15,202 1,774
Kodiak (630)................ 0.2028 6,274 1,272
B Season--March 10-May 31... Shumagin (610).............. 0.6047 6,285 3,801
Chirikof (620).............. 0.1167 18,668 2,179
Kodiak (630)................ 0.2028 2,806 569
C Season--August 25-October Shumagin (610).............. 0.6047 10,123 6,121
1.
Chirikof (620).............. 0.1167 7,896 921
Kodiak (630)................ 0.2028 9,743 1,976
D Season--October 1-November Shumagin (610).............. 0.6047 10,123 6,121
1.
Chirikof (620).............. 0.1167 7,896 921
Kodiak (630)................ 0.2028 9,743 1,976
Annual...................... WYK (640)................... 0.3495 3,517 1,229
SEO (650)................... 0.3495 10,774 3,766
Pacific cod.............................. A Season \1\--January 1-June W........................... 0.1331 13,104 1,744
10. C........................... 0.0692 26,618 1,842
B Season) \2\--September 1- W........................... 0.1331 8,736 1,163
December 31. C........................... 0.0692 17,745 1,228
Annual...................... E inshore................... 0.0079 1,842 15
E offshore.................. 0.0078 205 2
Sablefish................................ Annual, trawl gear.......... W........................... 0.0000 351 0
C........................... 0.0642 1,137 73
E........................... 0.0433 268 12
Flatfish, shallow-water.................. Annual...................... W........................... 0.0156 13,250 207
C........................... 0.0587 18,000 1,057
E........................... 0.0126 5,300 67
Flatfish, deep-water..................... Annual...................... W........................... 0.0000 176 0
C........................... 0.0647 2,308 149
E........................... 0.0128 2,642 34
Rex sole................................. Annual...................... W........................... 0.0007 1,283 1
C........................... 0.0384 6,291 242
E........................... 0.0029 1,858 5
Arrowtooth flounder...................... Annual...................... W........................... 0.0021 14,500 30
C........................... 0.0280 75,000 2,100
E........................... 0.0002 13,800 3
Flathead sole............................ Annual...................... W........................... 0.0036 8,650 31
C........................... 0.0213 15,400 328
E........................... 0.0009 6,358 6
Pacific ocean perch...................... Annual...................... W........................... 0.0023 2,050 5
C........................... 0.0748 10,985 822
E........................... 0.0466 3,465 161
Northern rockfish........................ Annual...................... W........................... 0.0003 2,017 1
C........................... 0.0277 3,136 87
Shortraker rockfish...................... Annual...................... W........................... 0.0000 104 0
C........................... 0.0218 452 10
E........................... 0.0110 525 6
Other rockfish........................... Annual...................... W........................... 0.0034 44 0
C........................... 0.1699 606 103
E........................... 0.0000 430 0
Pelagic shelf rockfish................... Annual...................... W........................... 0.0001 381 0
C........................... 0.0000 3,581 0
E........................... 0.0067 800 5
Rougheye rockfish........................ Annual...................... W........................... 0.0000 82 0
C........................... 0.0237 861 20
E........................... 0.0124 297 4

[[Page 72312]]

Demersal shelf rockfish.................. Annual...................... SEO......................... 0.0020 293 1
Thornyhead rockfish...................... Annual...................... W........................... 0.0280 150 4
C........................... 0.0280 766 21
E........................... 0.0280 749 21
Atka mackerel............................ Annual...................... Gulfwide.................... 0.0309 2,000 62
Big skates............................... Annual...................... W........................... 0.0063 469 3
C........................... 0.0063 1,793 11
E........................... 0.0063 1,505 9
Longnose skates.......................... Annual...................... W........................... 0.0063 70 0
C........................... 0.0063 1,879 12
E........................... 0.0063 676 4
Other skates............................. Annual...................... Gulfwide.................... 0.0063 2,030 13
Squids................................... Annual...................... Gulfwide.................... 0.0063 1,148 7
Sharks................................... Annual...................... Gulfwide.................... 0.0063 6,028 38
Octopuses................................ Annual...................... Gulfwide.................... 0.0063 1,455 9
Sculpins................................. Annual...................... Gulfwide.................... 0.0063 5,731 36
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.

Non-Exempt AFA Catcher Vessel Halibut PSC Limits

The halibut PSC sideboard limits for non-exempt AFA CVs in the GOA
are based on the aggregate retained groundfish catch by non-exempt AFA
CVs in each PSC target category from 1995 through 1997 divided by the
retained catch of all vessels in that fishery from 1995 through 1997
(Sec. 679.64(b)(4)). Table 15 lists the proposed 2013 and 2014 non-
exempt AFA CV halibut PSC limits for vessels using trawl gear in the
GOA.

Table 15--Proposed 2013 and 2014 Non-Exempt American Fisheries Act Catcher Vessel Halibut Prohibited Species
Catch (PSC) Limits for Vessels Using Trawl Gear in the GOA
[PSC limits are rounded to the nearest whole metric ton]
----------------------------------------------------------------------------------------------------------------
Ratio of 1995-
1997 non- Proposed 2013
exempt AFA CV Proposed 2013 and 2014 non-
Season Season dates Target fishery retained catch and 2014 PSC exempt AFA CV
to total limit PSC limit
retained catch
----------------------------------------------------------------------------------------------------------------
1.................. January 20-April 1... shallow-water....... 0.340 444 151
deep-water.......... 0.070 99 7
2.................. April 1-July 1....... shallow-water....... 0.340 99 34
deep-water.......... 0.070 296 21
3.................. July 1-September 1... shallow-water....... 0.340 197 67
deep-water.......... 0.070 395 28
4.................. September 1-October 1 shallow-water....... 0.340 148 50
deep-water.......... 0.070 0 0
5.................. October 1-December 31 all targets......... 0.205 296 61
----------------------------------------------------------------------------------------------------------------

Non-AFA Crab Vessel Groundfish Sideboard Limits

Section 680.22 establishes groundfish catch limits for vessels with
a history of participation in the Bering Sea snow crab fishery to
prevent these vessels from using the increased flexibility provided by
the Crab Rationalization Program to expand their level of participation
in the GOA groundfish fisheries. Sideboard limits restrict these
vessels' catch to their collective historical landings in all GOA
groundfish fisheries (except the fixed-gear sablefish fishery).
Sideboard limits also apply to landings made using an LLP license
derived from the history of a vessel with sideboard limits, even if
that license is used on another vessel.
The basis for these sideboard limits is described in detail in the
final rules implementing the major provisions of the Allocation of
Bering Sea and Aleutian Islands King and Tanner Crab Fishery Resources
(707 FR 10174, March 2, 2005), Amendment 34 to the Fishery Management
Plan for Bering Sea/Aleutian Island King and Tanner Crabs, and
Amendment 83 (76 FR 74670, December 1, 2011).
Table 16 lists these proposed 2013 and 2014 groundfish sideboard
limitations for non-AFA crab vessels. All targeted or incidental catch
of sideboard species made by non-AFA crab vessels or associated LLP
licenses

[[Page 72313]]

will be deducted from these sideboard limits.

Table 16--Proposed 2013 and 2014 GOA Non-American Fisheries Act Crab Vessel Groundfish Harvest Sideboard Limits
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ratio of 1996-
2000 non-AFA Proposed 2013
crab vessel Proposed 2013 and 2014 non-
Species Season/gear Area/component/gear catch to 1996- and 2014 TACs AFA crab
2000 total vessel
harvest sideboard limit
-----------------------------------------------------------------------------------------------------------------------------------------
Pollock............................. A Season--January 20- Shumagin (610)......... 0.0098 6,285 62
March 10.
Chirikof (620)......... 0.0031 15,202 47
Kodiak (630)........... 0.0002 6,274 1
B Season--March 10-May Shumagin (610)......... 0.0098 6,285 62
31.
Chirikof (620)......... 0.0031 18,668 58
Kodiak (630)........... 0.0002 2,806 1
C Season--August 25- Shumagin (610)......... 0.0098 10,123 99
October 1.
Chirikof (620)......... 0.0031 7,896 24
Kodiak (630)........... 0.0002 9,743 2
D Season--October 1- Shumagin (610)......... 0.0098 10,123 99
November 1.
Chirikof (620)......... 0.0031 7,896 24
Kodiak (630)........... 0.0002 9,743 2
Annual................. WYK (640).............. 0.0000 3,517 0
SEO (650).............. 0.0000 10,774 0
Pacific cod......................... A Season \1\--January 1- W Jig CV............... 0.0000 13,104 0
June 10.
W Hook-and-line CV..... 0.0004 13,104 5
January 1-June 10...... W Hook-and-line C/P.... 0.0018 13,104 24
W Pot CV............... 0.0997 13,104 1,306
W Pot C/P.............. 0.0078 13,104 102
W Trawl CV............. 0.0007 13,104 9
C Jig CV............... 0.0000 26,618 0
C Hook-and-line CV..... 0.0001 26,618 3
C Hook-and-line C/P.... 0.0012 26,618 32
C Pot CV............... 0.0474 26,618 1,262
C Pot C/P.............. 0.0136 26,618 362
C Trawl CV............. 0.0012 26,618 32
B Season \2\--September W Jig CV............... 0.0000 8,736 0
1-December 31.
W Hook-and-line CV..... 0.0004 8,736 3
W Hook-and-line C/P.... 0.0018 8,736 16
W Pot CV............... 0.0997 8,736 871
W Pot C/P.............. 0.0078 8,736 68
W Trawl CV............. 0.0007 8,736 6
C Jig CV............... 0.0000 17,745 0
C Hook-and-line CV..... 0.0001 17,745 2
C Hook-and-line C/P.... 0.0012 17,745 21
C Pot CV............... 0.0474 17,745 841
C Pot C/P.............. 0.0136 17,745 241
C Trawl CV............. 0.0012 17,745 21
Annual................. E inshore.............. 0.0110 1,842 20
E offshore............. 0.0000 205 0
Sablefish........................... Annual, trawl gear..... W...................... 0.0000 351 0
C...................... 0.0000 1,137 0
E...................... 0.0000 268 0
Flatfish, shallow-water............. Annual................. W...................... 0.0059 13,250 78
C...................... 0.0001 18,000 2
E...................... 0.0000 5,300 0
Flatfish, deep-water................ Annual................. W...................... 0.0035 176 1
C...................... 0.0000 2,308 0
E...................... 0.0000 2,642 0
Rex sole............................ Annual................. W...................... 0.0000 1,283 0
C...................... 0.0000 6,291 0
E...................... 0.0000 1,858 0
Arrowtooth flounder................. Annual................. W...................... 0.0004 14,500 6
C...................... 0.0001 75,000 8
E...................... 0.0000 13,800 0
Flathead sole....................... Annual................. W...................... 0.0002 8,650 2

[[Page 72314]]

C...................... 0.0004 15,400 6
E...................... 0.0000 6,358 0
Pacific ocean perch................. Annual................. W...................... 0.0000 2,050 0
C...................... 0.0000 10,985 0
E...................... 0.0000 3,465 0
Northern rockfish................... Annual................. W...................... 0.0005 2,017 1
C...................... 0.0000 3,136 0
Shortraker rockfish................. Annual................. W...................... 0.0013 104 0
C...................... 0.0012 452 1
E...................... 0.0009 525 0
Other rockfish...................... Annual................. W...................... 0.0035 44 0
C...................... 0.0033 606 2
E...................... 0.0000 430 0
Pelagic shelf rockfish.............. Annual................. W...................... 0.0017 381 1
C...................... 0.0000 3,581 0
E...................... 0.0000 800 0
Rougheye rockfish................... Annual................. W...................... 0.0067 82 1
C...................... 0.0047 861 4
E...................... 0.0008 297 0
Demersal shelf rockfish............. Annual................. SEO.................... 0.0000 293 0
Thornyhead rockfish................. Annual................. W...................... 0.0047 150 1
C...................... 0.0066 766 5
E...................... 0.0045 749 3
Atka mackerel....................... Annual................. Gulfwide............... 0.0000 2,000 0
Big skate........................... Annual................. W...................... 0.0392 469 18
C...................... 0.0159 1,793 29
E...................... 0.0000 1,505 0
Longnose skate...................... Annual................. W...................... 0.0392 70 3
C...................... 0.0159 1,879 30
E...................... 0.0000 676 0
Other skates........................ Annual................. Gulfwide............... 0.0176 2,030 36
Sharks.............................. Annual................. Gulfwide............... 0.0176 1,148 20
Squids.............................. Annual................. Gulfwide............... 0.0176 6,028 106
Octopuses........................... Annual................. Gulfwide............... 0.0176 1,455 26
Sculpins............................ Annual................. Gulfwide............... 0.0176 5,731 101
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.

Rockfish Program Groundfish Sideboard and Halibut PSC Limitations

The Rockfish Program establishes three classes of sideboard
provisions: CV groundfish sideboard restrictions, C/P rockfish
sideboard restrictions, and C/P opt-out vessel sideboard restrictions.
These sideboards are intended to limit the ability of rockfish
harvesters to expand into other fisheries.
CVs participating in the Rockfish Program may not participate in
directed fishing for northern rockfish, Pacific ocean perch, and
pelagic shelf rockfish (dusky rockfish) in the Western GOA and West
Yakutat Districts from July 1 through July 31. Also, CVs may not
participate in directed fishing for arrowtooth flounder, deep-water
flatfish, and rex sole in the GOA from July 1 through July 31 (Sec.
679.82(d)).
C/Ps participating in Rockfish Program cooperatives are restricted
by rockfish and halibut PSC sideboard limitations. These C/Ps are
prohibited from directed fishing for northern rockfish, Pacific ocean
perch, and pelagic shelf rockfish (dusky rockfish) in the Western GOA
and West Yakutat District from July 1 through July 31. Holders of C/P-
designated LLP licenses that opt-out of participating in a rockfish
cooperative will receive the portion of each sideboard limit that is
not assigned to rockfish cooperatives. Table 17 lists the proposed 2013
and 2014 Rockfish Program C/P sideboard limits in the Western GOA and
West Yakutat District. Due to confidentiality requirements associated
with fisheries data, the sideboard limits for the West Yakutat District
are not displayed.

[[Page 72315]]

Table 17--Proposed 2013 and 2014 Rockfish Program Harvest Limits for the West Yakutat District and Western GOA
by Fishery for the Catcher/Processor Sector
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Proposed 2013
Area Fishery C/P sector (% of Proposed 2013 and 2014 C/P
TAC) and 2014 TACs limit
----------------------------------------------------------------------------------------------------------------
Western GOA....................... Pelagic shelf 72.3................. 381 275
rockfish.
Pacific ocean perch.. 50.6................. 2,050 1,037
Northern rockfish.... 74.3................. 2,017 1,499
West Yakutat District............. Pelagic shelf Confid.\1\........... 504 N/A
rockfish.
Pacific ocean perch.. Confid.\1\........... 1,650 N/A
----------------------------------------------------------------------------------------------------------------
\1\ Not released due to confidentiality requirements associated with fish ticket data established by NMFS and
the State of Alaska.

The C/P sector is subject to halibut PSC sideboard limits for the
trawl deep-water and shallow-water species fisheries from July 1
through July 31. No halibut PSC sideboard limits apply to the CV
sector. C/Ps that opt-out of the Rockfish Program would be able to
access that portion of the deep-water and shallow-water halibut PSC
sideboard limit not assigned to C/P rockfish cooperatives. The
sideboard provisions for C/Ps that elect to opt-out of participating in
a rockfish cooperative are described in Sec. 679.82(c), (e), and (f).
Sideboards are linked to the catch history of specific vessels that may
choose to opt-out. The applications for C/Ps electing to opt-out are
due to NMFS on March 1 of each calendar year, thereby preventing NMFS
from calculating proposed 2013 and 2014 allocations. Once opt-out
applications (if any) are received in 2013, the ratios and amounts used
to calculate opt-out sideboard ratios will be known. NMFS will then
calculate any applicable opt-out sideboards and post these allocations
on the Alaska Region Web site at https://alaskafisheries.noaa.gov/sustainablefisheries/goarat/default.htm) when they have been prepared.
Table 18 lists the 2013 and 2014 proposed Rockfish Program halibut
PSC limits for the C/P sector.

Table 18--Proposed 2013 and 2014 Rockfish Program Halibut Mortality Limits for the Catcher/Processor Sector
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Shallow-water Deep-water
species species Annual shallow- Annual deep-
fishery fishery Annual halibut water species water species
Sector halibut PSC halibut PSC mortality fishery fishery
sideboard sideboard limit (mt) halibut PSC halibut PSC
ratio ratio sideboard sideboard
(percent) (percent) limit (mt) limit (mt)
----------------------------------------------------------------------------------------------------------------
Catcher/processor............... 0.10 2.50 1,973 2 49
----------------------------------------------------------------------------------------------------------------

Amendment 80 Vessel Program Groundfish Sideboard and PSC Limits

Amendment 80 to the Fishery Management Plan for Groundfish of the
Bering Sea and Aleutian Islands Management Area (Amendment 80 Program)
established a limited access privilege program for the non-AFA trawl C/
P sector. To limit the ability of participants eligible for the
Amendment 80 Program to expand their harvest efforts in the GOA, the
Amendment 80 Program established groundfish and halibut PSC limits for
Amendment 80 Program participants.
Section 679.92 establishes groundfish harvesting sideboard limits
on all Amendment 80 Program vessels, other than the F/V Golden Fleece,
to amounts no greater than the limits shown in Table 37 to part 679.
Under regulations at Sec. 679.92(d), the F/V Golden Fleece is
prohibited from directed fishing for pollock, Pacific cod, Pacific
ocean perch, pelagic shelf rockfish, and northern rockfish in the GOA.
Groundfish sideboard limits for Amendment 80 Program vessels
operating in the GOA are based on their average aggregate harvests from
1998 to 2004. Table 19 lists the proposed 2013 and 2014 sideboard
limits for Amendment 80 Program vessels. All targeted or incidental
catch of sideboard species made by Amendment 80 Program vessels will be
deducted from the sideboard limits in Table 19.

Table 19--Proposed 2013 and 2014 GOA Groundfish Sideboard Limits for Amendment 80 Program Vessels
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Proposed 2013
Ratio of and 2014
Amendment 80 Proposed 2013 Amendment 80
Species Season Area sector vessels and 2014 TAC vessel
1998-2004 catch (mt) sideboards
to TAC (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock.................................. A Season--January 20- Shumagin (610).............. 0.003 6,285 19
February 25.
Chirikof (620).............. 0.002 15,202 30
Kodiak (630)................ 0.002 6,274 13

[[Page 72316]]

B Season--March 20-May 31... Shumagin (610).............. 0.003 6,285 19
Chirikof (620).............. 0.002 18,668 37
Kodiak (630)................ 0.002 2,806 6
C Season--August 25- Shumagin (610).............. 0.003 10,123 30
September 15.
Chirikof (620).............. 0.002 7,896 16
Kodiak (630)................ 0.002 9,743 19
D Season--October 1-November Shumagin (610).............. 0.003 10,123 30
1.
Chirikof (620).............. 0.002 7,896 16
Kodiak (630)................ 0.002 9,743 19
Annual...................... WYK (640)................... 0.002 3,517 7
Pacific cod.............................. A Season \1\--January 1-June W........................... 0.020 13,104 262
10.
C........................... 0.044 26,618 1,171
B Season \2\--September 1- W........................... 0.020 8,736 175
December 31.
C........................... 0.044 17,745 781
Annual...................... WYK......................... 0.034 2,047 70
Pacific ocean perch...................... Annual...................... W........................... 0.994 2,050 2,038
WYK......................... 0.961 1,650 1,586
Northern rockfish........................ Annual...................... W........................... 1.000 2,017 2,017
Pelagic shelf rockfish................... Annual...................... W........................... 0.764 381 291
WYK......................... 0.896 504 452
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.

The PSC sideboard limits for Amendment 80 Program vessels in the
GOA are based on the historic use of halibut PSC by Amendment 80
Program vessels in each PSC target category from 1998 through 2004.
These values are slightly lower than the average historic use to
accommodate two factors: allocation of halibut PSC cooperative quota
under the Central GOA Rockfish Program and the exemption of the F/V
Golden Fleece from this restriction. Table 20 lists the proposed 2013
and 2014 halibut PSC limits for Amendment 80 Program vessels, as
contained in Table 38 to 50 CFR part 679.

Table 20--Proposed 2013 and 2014 Halibut PSC Sideboard Limits for Amendment 80 Program Vessels in the GOA
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Historic Proposed 2013
Amendment 80 Proposed 2013 and 2014
use of the and 2014 Amendment 80
Season Season dates Fishery category annual halibut annual PSC vessel PSC
PSC limit limit (mt) sideboard limit
(ratio) (mt)
----------------------------------------------------------------------------------------------------------------
1.................. January 20-April 1.. shallow-water....... 0.0048 1,973 9
deep-water.......... 0.0115 1,973 23
2.................. April 1-July 1...... shallow-water....... 0.0189 1,973 37
deep-water.......... 0.1072 1,973 212
3.................. July 1-September 1.. shallow-water....... 0.0146 1,973 29
deep-water.......... 0.0521 1,973 103
4.................. September 1-October shallow-water....... 0.0074 1,973 15
1.
deep-water.......... 0.0014 1,973 3
5.................. October 1-December shallow-water....... 0.0227 1,973 45
31.
deep-water.......... 0.0371 1,973 73
----------------------------------------------------------------------------------------------------------------

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.

[[Page 72317]]

This action is authorized under 50 CFR 679.20 and is exempt from
review under Executive Order 12866.
NMFS prepared an EIS for this action (see ADDRESSES) and made it
available to the public on January 12, 2007 (72 FR 1512). On February
13, 2007, NMFS issued the Record of Decision (ROD) for the EIS. Copies
of the EIS and ROD for this action are available from NMFS. The EIS
analyzes the environmental consequences of the proposed groundfish
harvest specifications and its alternatives on resources in the action
area. The EIS found no significant environmental consequences from the
proposed action or its alternatives.
NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA) as
required by section 603 of the Regulatory Flexibility Act, analyzing
the methodology for establishing the relevant TACs. The IRFA evaluated
the impacts on small entities of alternative harvest strategies for the
groundfish fisheries in the EEZ off Alaska. As set forth in the
methodology, TACs are set to a level that fall within the range of ABCs
recommended by the SSC; the sum of the TACs must achieve the OY
specified in the FMP. While the specific numbers that the methodology
may produce vary from year to year, the methodology itself remains
constant.
A description of the proposed action, why it is being considered,
and the legal basis for this proposed action are contained in the
preamble above. A copy of the analysis is available from NMFS (see
ADDRESSES). A summary of the IRFA follows.
The action under consideration is a harvest strategy to govern the
catch of groundfish in the GOA. 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 1,002
CVs and approximately 6 C/Ps in the GOA. The entities directly
regulated by this action are those that harvest groundfish in the EEZ
of the GOA and in parallel fisheries within State waters. These include
entities operating CVs and C/Ps within the action area and entities
receiving direct allocations of groundfish. CVs and C/Ps are considered
to be small entities if they have annual gross receipts of $4 million
per year or less from all economic activities, including the revenue of
their affiliated operations (see Table 37 to the Economic Status of the
Groundfish off Alaska, 2011, in the 2011 SAFE report, dated November
2011, available from the Council (see ADDRESSES)). Because the 1,002
CVs and 6 C/Ps meet this size standard, they are considered to be small
entities for the purposes of this analysis.
The preferred alternative (Alternative 2) was compared to four
other alternatives. Alternative 1 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 GOA OY, in which
case harvests would be limited to the OY. Alternative 3 would have set
TACs to produce fishing rates equal to the most recent 5-year average
fishing rate. Alternative 4 would have set TACs to equal the lower
limit of the GOA OY range. Alternative 5, the ``no action
alternative,'' would have set TACs equal to zero.
The TACs associated with the preferred harvest strategy are those
adopted by the Council in October 2012, as per Alternative 2. OFLs and
ABCs for the species were based on recommendations prepared by the
Council's GOA Plan Team in September 2012, and reviewed and modified by
the Council's SSC in October 2012. The Council based its TAC
recommendations on those of its AP, which were consistent with the
SSC's OFL and ABC recommendations.
Alternative 1 selects harvest rates that would allow fishermen to
harvest stocks at the level of ABCs, unless total harvests were
constrained by the upper bound of the GOA OY of 800,000 mt. As shown in
Table 1 of the preamble, the sum of ABCs in 2013 and 2014 would be
about 612,506 mt, which falls below the upper bound of the OY range.
The sum of TACs is 447,752 mt, which is less than the sum of ABCs. In
this instance, Alternative 1 is consistent with the preferred
alternative (Alternative 2), meets the objectives of that action, and
has small entity impacts that are equivalent to the preferred
alternative. In some instances, the selection of Alternative 1 would
not reflect the practical implications that increased TACs (where the
sum of TACs equals the sum of ABCs) for some species probably would not
be fully harvested. This could be due to a lack of commercial or market
interest in such species. Additionally, an underharvest of some TACs
could result due to constraints such as the fixed, and therefore
constraining, PSC limits associated with the harvest of the GOA
groundfish species.
Alternative 3 selects harvest rates based on the most recent 5
years of harvest rates (for species in Tiers 1 through 3) or for the
most recent 5 years of harvests (for species in Tiers 4 through 6).
This alternative is inconsistent with the objectives of this action,
the Council's preferred harvest strategy, because it does not take
account of the most recent biological information for this fishery.
Harvest rates are listed for each species category for each year in the
SAFE report (see ADDRESSES).
Alternative 4 reduces the TACs from the upper end of the OY range
in the GOA, to its lower end of 116,000 mt, which would lead to
significantly lower harvests of all species. Overall, this would reduce
2013 TACs by about 74 percent. This would lead to significant
reductions in harvests of species harvested by small entities. While
reductions of this size would be associated with offsetting price
increases, the size of these increases is very uncertain. There are
close substitutes for GOA groundfish species available in significant
quantities from the Bering Sea and Aleutian Islands management area.
While production declines in the GOA would undoubtedly be associated
with significant price increases in the GOA, these increases would
still be constrained by production of substitutes, and are very
unlikely to offset revenue declines from smaller production. Thus, this
alternative would have a detrimental impact on small entities.
Alternative 5, which sets all harvests equal to zero, would have a
significant adverse economic impact on small entities and would be
contrary to obligations to achieve OY on a continuing basis, as
mandated by the Magnuson-Stevens Act.
The IRFA shows that, in 2011, there were 1,049 individual catcher
vessels with gross revenues less than or equal to $4 million. Some of
these vessels are members of AFA inshore pollock cooperatives, GOA
rockfish cooperatives, or BSAI crab rationalization cooperatives.
Therefore, under the RFA, it is the aggregate gross receipts of all
participating members of the cooperative that must meet the ``under $4
million'' threshold. Vessels that participate in these cooperatives are
considered to be large entities within the meaning of the RFA. After
accounting for membership in these cooperatives, there are an estimated
1,002 small catcher vessel entities remaining in the GOA groundfish
sector. This latter group of small vessels had average gross revenues
of about $485,000, and median gross revenues of $230,000. The 25th
percentile of gross revenues was about $79,000, and the 75th percentile
was about $661,000. Under Alternative 5, all 1,049 individual catcher
vessels impacted by

[[Page 72318]]

this rule would have gross revenues of $0.
Data presented in the IRFA indicates that in 2011, 9 catcher/
processors grossed less than $4 million. Three vessels in this group
were estimated to be large entities because of their affiliations with
other vessels through an Amendment 80 cooperative and the Freezer
Longline Conservation Cooperative. After taking account of these
affiliations, NMFS estimates that six of these vessels are small
entities. The average gross revenue for these 6 small catcher/processor
entities was $1.17 million, and the median gross revenue was $960,000.
Under Alternative 5, the 6 small catcher/processor impacted by this
rule would have gross revenues of $0.
The proposed harvest specifications extend the current 2013 OFLs,
ABCs, and TACs to 2013 and 2014. As noted in the IRFA, the Council may
modify these OFLs, ABCs, and TACs in December 2012, when it reviews the
November 2012 SAFE reports from its groundfish plan teams, and the
December 2012 Council meeting reports of its SSC and AP. Because TACs
in the proposed 2013 and 2014 harvest specifications are unchanged from
the 2013 TACs, NMFS does not expect adverse impacts on small entities.
Also, NMFS does not expect any changes made by the Council in December
2012 to have significant adverse impacts on small entities.
This action does not modify recordkeeping or reporting
requirements, or duplicate, overlap, or conflict with any Federal
rules.
Adverse impacts on marine mammals or endangered species resulting
from fishing activities conducted under this rule are discussed in the
EIS and its accompanying annual SIRs (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: November 28, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, Performing the Functions and
Duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
[FR Doc. 2012-29137 Filed 12-4-12; 8:45 am]
BILLING CODE 3510-22-P

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