Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; 2017 and 2018 Harvest Specifications for Groundfish, 87863-87881 [2016-29152]

Download as PDF Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules sorting and weighing of fish by both fishermen and enforcement personnel. However, enforcement no longer uses totes for at-sea weight and volume estimates so the requirement for vessels to carry a tote is unnecessary. Lastly, this action would allow a sector with Handgear A vessels to request that Handgear A vessels be exempt from the requirement to use a Vessel Monitoring System. Instead, vessels would be required to declare trips through a call-in system. This measure is intended to encourage Handgear A vessels to enroll in a sector by reducing their operating expenses. Public comments are being solicited on the Amendment through the end of the comment period stated in the DATES section above. A proposed rule that would implement the Amendment will be published in the Federal Register for public comment, as part of our evaluation of Amendment 18 under requirements of the Magnuson-Stevens Fishery Conservation Management Act. Public comments on the proposed rule must be received by the end of the comment period on Amendment 18 to be considered in the approval/ disapproval decision on the Amendment. All comments received by the end of the Amendment 18 comment period, whether specifically directed to the Amendment or the proposed rule, will be considered in the approval/ disapproval decision. Comments received after that day will not be considered in the approval/disapproval decision for Amendment 18. To be considered, comments must be received by the close of business on the last day of the comment period; that does not mean postmarked or otherwise transmitted by that date. Authority: 16 U.S.C. 1801 et seq. Dated: December 1, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016–29189 Filed 12–5–16; 8:45 am] mstockstill on DSK3G9T082PROD with PROPOSALS BILLING CODE 3510–22–P VerDate Sep<11>2014 17:00 Dec 05, 2016 Jkt 241001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 161020985–6985–01] RIN 0648–XE989 Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; 2017 and 2018 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 2017 and 2018 harvest specifications, apportionments, and prohibited species catch allowances for the groundfish fisheries of the Bering Sea and Aleutian Islands (BSAI) management area. This action is necessary to establish harvest limits for groundfish during the 2017 and 2018 fishing years, and to accomplish the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area. The intended effect of this action is to conserve and manage the groundfish resources in the BSAI in accordance with the Magnuson-Stevens Fishery Conservation and Management Act. DATES: Comments must be received by January 5, 2017. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2016–0140, by any of the following methods: • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D= NOAA-NMFS-2016-0140, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. • Mail: Submit 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. Instructions: 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 by NMFS. 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 SUMMARY: PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 87863 information (e.g., name, address), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/ A’’ in the required fields if you wish to remain anonymous). Electronic copies of the Alaska Groundfish Harvest Specifications Final Environmental Impact Statement (Final EIS), Record of Decision (ROD), 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 2015 Stock Assessment and Fishery Evaluation (SAFE) report for the groundfish resources of the BSAI, dated November 2015, is available from the North Pacific Fishery Management Council (Council) at 605 West 4th Avenue, Suite 306, Anchorage, AK 99501–2252, phone 907–271–2809, or from the Council’s Web site at https:// www.npfmc.org/. The draft 2016 SAFE report for the BSAI is available from the same source. FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907–586–7228. SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR part 679 implement the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) and govern the groundfish fisheries in the BSAI. The Council prepared the FMP, and NMFS approved it under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). General regulations governing U.S. fisheries also appear at 50 CFR part 600. The FMP and its implementing regulations require NMFS, after consultation with the Council, to specify annually the total allowable catch (TAC) for each target species category. The sum TAC for all groundfish species must be within the optimum yield (OY) range of 1.4 million to 2.0 million metric tons (mt) (see § 679.20(a)(1)(i)(A)). Section 679.20(c)(1) further requires NMFS to publish proposed harvest specifications in the Federal Register and solicit public comments on proposed annual TACs and apportionments thereof, prohibited species catch (PSC) allowances, prohibited species quota (PSQ) reserves established by § 679.21, seasonal allowances of pollock, Pacific cod, and Atka mackerel TAC, American Fisheries Act allocations, Amendment 80 allocations, and Community E:\FR\FM\06DEP1.SGM 06DEP1 87864 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules mstockstill on DSK3G9T082PROD with PROPOSALS Development Quota (CDQ) reserve amounts established by § 679.20(b)(1)(ii). The proposed harvest specifications set forth in Tables 1 through 17 of this action satisfy these requirements. Under § 679.20(c)(3), NMFS will publish the final harvest specifications for 2017 and 2018 after (1) considering comments received within the comment period (see DATES), (2) consulting with the Council at its December 2016 meeting, (3) considering information presented in the SIR that assesses the need to prepare a Supplemental EIS (see ADDRESSES), and (4) considering information presented in the final 2016 SAFE reports prepared for the 2017 and 2018 groundfish fisheries. Other Actions Affecting the 2017 and 2018 Harvest Specifications The Alaska Board of Fisheries (BOF), a regulatory body for the State of Alaska Department of Fish and Game (State), established a guideline harvest level (GHL) in State waters between 164 and 167 degrees west longitude in the Bering Sea subarea (BS) equal to 6.4 percent of the Pacific cod acceptable biological catch (ABC) for the BS. The Council recommends the proposed 2017 and 2018 Pacific cod TACs to accommodate the State’s GHLs for Pacific cod in State waters in the BS. The Council and its BSAI Groundfish Plan Team (Plan Team), Scientific and Statistical Committee (SSC), and Advisory Panel (AP) recommended that the sum of all State and Federal water Pacific cod removals from the BS not exceed the proposed ABC recommendations of 255,000 mt. Accordingly, the Council set the proposed 2017 and 2018 Pacific cod TACs in the BS to account for State GHLs. For 2017 and 2018, the BOF established a GHL in State waters in the Aleutian Islands subarea (AI) equal to 27 percent of the Pacific cod ABC for the AI. The Council recommends the proposed 2017 and 2018 Pacific cod TACs to accommodate the State’s GHLs for Pacific cod in State waters in the AI. The Council and its Plan Team, SSC, and AP recommended that the sum of all State and Federal water Pacific cod removals from the AI not exceed the proposed ABC recommendations of 17,600 mt. Accordingly, the Council set the proposed 2017 and 2018 Pacific cod TACs in the AI to account for State GHLs. In October 2015, the Council took final action to recommend for Secretarial Review Amendment 113 to the BSAI FMP. NMFS published a notice of availability for Amendment 113 on July 19, 2016 (81 FR 46883). The VerDate Sep<11>2014 17:00 Dec 05, 2016 Jkt 241001 public comment period for the notice of availability on Amendment 113 ended on September 19, 2016, and the Secretary approved Amendment 113 on October 17, 2016. Amendment 113 sets aside a portion of the Aleutian Islands Pacific cod TAC for catcher vessels that directed fish for Aleutian Islands Pacific cod and then deliver the catch to Aleutian Islands shoreplants for processing. NMFS published a proposed rule to implement Amendment 113 on August 1, 2016, and accepted public comment through August 31, 2016 (81 FR 50444). If NMFS approves the final rule, in November 2016, NMFS expects the authority to set aside Aleutian Islands Pacific cod for catcher vessels delivering to Aleutian Islands shoreplants for processing would be in effect by the beginning of the 2017 fisheries on January 1, 2017. Amendment 111 to the FMP (81 FR 24714, April 27, 2016) became effective May 27, 2016. Amendment 111 implemented BSAI halibut PSC limit reductions for the trawl and non-trawl sectors. These amounts are found in Table 8. Amendment 110 to the FMP (81 FR 37534, June 10, 2016) became effective July 11, 2016. Amendment 110 improves the management of Chinook and chum salmon bycatch in the Bering Sea pollock fishery by creating a comprehensive salmon bycatch avoidance program. Amendment 110 also changed the seasonal apportionments of the pollock TAC to allow more pollock to be harvested earlier in the year when Chinook salmon PSC use tends to be lower. Proposed ABC and TAC Harvest Specifications At the October 2016 Council meeting, the SSC, AP, and Council reviewed the most recent biological and harvest information on the condition of the BSAI groundfish stocks. The Council’s Plan Team compiled and presented this information, which was initially compiled by the Plan Team and presented in the final 2015 SAFE report for the BSAI groundfish fisheries, dated November 2015 (see ADDRESSES). The amounts proposed for the 2017 and 2018 harvest specifications are based on the 2015 SAFE report, and are subject to change in the final harvest specifications to be published by NMFS following the Council’s December 2016 meeting. In November 2016, the Plan Team updated the 2015 SAFE report to include new information collected during 2016, such as NMFS stock surveys, revised stock assessments, and catch data. At its December 2016 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 meeting, the Council will consider information contained in the final 2016 SAFE report, recommendations from the November 2016 Plan Team meeting, public testimony from the December 2016 SSC and AP meetings, and relevant written comments in making its recommendations for the final 2017 and 2018 harvest specifications. In previous years, the OFLs and ABCs that have had the most significant changes (relative to the amount of assessed tonnage of fish) from the proposed to the final harvest specifications have been for OFLs and ABCs that are based on the most recent NMFS stock surveys, which provide updated estimates of stock biomass and spatial distribution, and changes to the models used in the stock assessments. These changes were recommended by the Plan Team in November 2016 and are included in the final 2016 SAFE report. The final 2016 SAFE report includes the most recent information, such as 2016 catch data. The final harvest specification amounts for these stocks are not expected to vary greatly from the proposed harvest specification amounts published here. If the final 2016 SAFE report indicates that the stock biomass trend is increasing for a species, then the final 2017 and 2018 harvest specifications may reflect an increase from the proposed harvest specifications. Conversely, if the final 2016 SAFE report indicates that the stock biomass trend is decreasing for a species, then the final 2017 and 2018 harvest specifications may reflect a decrease from the proposed harvest specifications. In addition to changes driven by biomass trends, there may be changes in TACs due to the sum of ABCs exceeding 2 million mt. Since the regulations require TACs to be set to an OY between 1.4 and 2 million mt, the Council may be required to recommend TACs that are lower than the ABCs recommended by the Plan Team, if setting TACs equal to ABCs would cause TACs to exceed an OY of 2 million mt. Generally, ABCs greatly exceed 2 million mt in years with a large pollock biomass. NMFS anticipates that, both for 2017 and 2018, the sum of the ABCs will exceed 2 million mt. NMFS expects that the final total TAC for the BSAI for both 2017 and 2018 will equal 2 million mt. The proposed ABCs and TACs are based on the best available biological and socioeconomic data, including projected biomass trends, information on assumed distribution of stock biomass, and revised technical methods used to calculate stock biomass. In general, the development of ABCs and E:\FR\FM\06DEP1.SGM 06DEP1 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules OFLs involves statistical modeling of fish populations. The FMP specifies a series of six tiers to define OFLs and ABCs based on the level of reliable information available to fishery scientists. Tier 1 represents the highest level of information quality available, while Tier 6 represents the lowest. In October 2016, the SSC adopted the proposed 2017 and 2018 OFLs and ABCs recommended by the Plan Team for all groundfish species. The Council adopted the SSC’s OFL and ABC recommendations. These amounts are unchanged from the final 2017 harvest specifications published in the Federal Register on March 18, 2016 (81 FR 14773). The Council adopted the AP’s TAC recommendations. For 2017 and 2018, 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 OFLs. The sum of the proposed 2017 and 2018 ABCs for all assessed groundfish is 3,128,135 mt, which is the same as the final 2017 ABC total in the final 2016 and 2017 BSAI groundfish harvest specifications (81 FR 14773, March 18, 2016). Specification and Apportionment of TAC Amounts The Council recommended proposed TACs for 2017 and 2018 that are equal to proposed ABCs for Bering Sea Pacific ocean perch, Bering Sea sablefish, AI sablefish, and eastern Aleutian Islands (EAI) Pacific ocean perch. The Council recommended proposed TACs for 2017 and 2018 that are less than the proposed ABCs for Bering Sea pollock, AI ‘‘other rockfish,’’ AI pollock, Bogoslof pollock, Bering Sea Pacific cod, AI Pacific cod, yellowfin sole, Bering Sea Greenland turbot, AI Greenland turbot, arrowtooth flounder, Kamchatka flounder, rock sole, flathead sole, Alaska plaice, ‘‘other flatfish,’’ central Aleutian Islands (CAI) Pacific ocean perch, western Aleutian Islands (WAI) Pacific ocean perch, northern rockfish, eastern Bering Sea (EBS)/EAI rougheye rockfish, CAI/WAI rougheye rockfish, shortraker rockfish, Bering Sea ‘‘other rockfish,’’ Bering Sea/ EAI, CAI, and WAI Atka mackerel, skates, sculpins, sharks, squids, and octopuses. Section 679.20(a)(5)(iii)(B)(1) requires the AI pollock TAC to be set at 19,000 mt when the AI pollock ABC equals or exceeds 19,000 mt. The Bogoslof pollock TAC is set to 87865 accommodate incidental catch amounts. TACs are set so that the sum of the overall TAC does not exceed the BSAI OY. The proposed groundfish OFLs, ABCs, and TACs are subject to change pending the completion of the final 2016 SAFE report and the Council’s recommendations for final 2017 and 2018 harvest specifications during its December 2016 meeting. These proposed amounts are consistent with the biological condition of groundfish stocks as described in the 2015 SAFE report, and have been adjusted for other biological and socioeconomic considerations. 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.’’ Table 1 lists the proposed 2017 and 2018 OFL, ABC, TAC, initial TAC (ITAC), and CDQ amounts for groundfish for the BSAI. The proposed apportionment of TAC amounts among fisheries and seasons is discussed below. TABLE 1—PROPOSED 2017 AND 2018 OVERFISHING LEVEL (OFL), ACCEPTABLE BIOLOGICAL CATCH (ABC), TOTAL ALLOWABLE CATCH (TAC), INITIAL TAC (ITAC), AND CDQ RESERVE ALLOCATION OF GROUNDFISH IN THE BSAI1 [Amounts are in metric tons] Proposed 2017 and 2018 Species Area ITAC 2 OFL Pollock 4 .............................. Pacific cod 5 ........................ Sablefish ............................. Yellowfin sole ...................... Greenland turbot ................. mstockstill on DSK3G9T082PROD with PROPOSALS Arrowtooth flounder ............. Kamchatka flounder ............ Rock sole 6 .......................... Flathead sole 7 .................... Alaska plaice ....................... Other flatfish 8 ..................... Pacific Ocean perch ............ Northern rockfish ................. Rougheye ............................ rockfish 9 .............................. Shortraker rockfish .............. Other rockfish 10 .................. Atka mackerel ..................... VerDate Sep<11>2014 BS ....................................... AI ........................................ Bogoslof ............................. BS ....................................... AI ........................................ BS ....................................... AI ........................................ BSAI ................................... BSAI ................................... BS ....................................... AI ........................................ BSAI ................................... BSAI ................................... BSAI ................................... BSAI ................................... BSAI ................................... BSAI ................................... BSAI ................................... BS ....................................... EAI ...................................... CAI ..................................... WAI ..................................... BSAI ................................... BSAI ................................... EBS/EAI ............................. CAI/WAI .............................. BSAI ................................... BSAI ................................... BS ....................................... AI ........................................ BSAI ................................... EAI/BS ................................ 17:00 Dec 05, 2016 Jkt 241001 PO 00000 Frm 00017 ABC TAC 3,540,000 44,455 31,906 412,000 23,400 1,241 1,681 219,200 7,416 n/a n/a 84,156 11,700 149,400 77,544 46,800 17,414 38,589 n/a n/a n/a n/a 14,085 855 n/a n/a 690 1,667 n/a n/a 99,490 n/a 2,019,000 36,664 23,850 255,000 17,600 1,052 1,423 203,500 6,132 4,734 1,398 72,216 10,000 145,000 64,580 39,100 13,061 31,724 7,953 7,537 7,002 9,232 11,468 694 216 478 518 1,250 695 555 85,840 29,296 1,340,643 19,000 500 238,680 12,839 1,052 1,423 144,000 2,873 2,673 200 14,000 5,000 57,100 21,000 14,500 2,500 31,490 7,953 7,537 7,000 9,000 4,500 300 100 200 200 875 325 550 55,000 28,500 Fmt 4702 Sfmt 4702 E:\FR\FM\06DEP1.SGM 06DEP1 1,206,579 17,100 500 213,141 11,465 447 302 128,592 2,442 2,272 170 11,900 4,250 50,990 18,753 12,325 2,125 27,779 6,760 6,731 6,251 8,037 3,825 255 85 170 170 744 276 468 49,115 25,451 CDQ 3 4 134,064 1,900 ........................ 25,539 1,374 39 27 15,408 n/a 286 ........................ 1,498 ........................ 6,110 2,247 ........................ ........................ n/a ........................ 806 749 963 ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ 5,885 3,050 87866 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules TABLE 1—PROPOSED 2017 AND 2018 OVERFISHING LEVEL (OFL), ACCEPTABLE BIOLOGICAL CATCH (ABC), TOTAL ALLOWABLE CATCH (TAC), INITIAL TAC (ITAC), AND CDQ RESERVE ALLOCATION OF GROUNDFISH IN THE BSAI1— Continued [Amounts are in metric tons] Proposed 2017 and 2018 Species Area OFL ABC ITAC 2 TAC CDQ 3 4 Skates ................................. Sculpins ............................... Sharks ................................. Squids ................................. Octopuses ........................... CAI ..................................... WAI ..................................... BSAI ................................... BSAI ................................... BSAI ................................... BSAI ................................... BSAI ................................... n/a n/a 47,674 52,365 1,363 6,912 3,452 25,860 30,684 39,943 39,725 1,022 5,184 2,589 16,000 10,500 26,000 4,500 125 1,500 400 14,288 9,377 22,100 3,825 106 1,275 340 1,712 1,124 ........................ ........................ ........................ ........................ ........................ Total ............................. ............................................. 4,935,455 3,128,135 2,000,000 1,790,446 196,895 1 These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these harvest specifications, the Bering Sea (BS) subarea includes the Bogoslof District. 2 Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and the Amendment 80 species (Atka mackerel, Aleutian Islands Pacific ocean perch, yellowfin sole, rock sole, flathead sole, and Pacific cod), 15 percent of each TAC is put into a reserve. The ITAC for these species is the remainder of the TAC after the subtraction of these reserves. 3 For the Amendment 80 species (Atka mackerel, Aleutian Islands Pacific ocean perch, yellowfin sole, rock sole, flathead sole, and Pacific cod), 10.7 percent of the TAC is reserved for use by CDQ participants (see §§ 679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish TAC is allocated to hook-and-line gear or pot gear, and 7.5 percent of the sablefish TAC is allocated to trawl gear. The 2017 hook-and-line and pot gear portion of the sablefish ITAC and CDQ reserve will not be specified until the final 2017 and 2018 harvest specifications. 10.7 percent of the TACs for Bering Sea Greenland turbot and arrowtooth flounder are reserved for use by CDQ participants (see § 679.20(b)(1)(ii)(B) and (D)). Aleutian Islands Greenland turbot, ‘‘other flatfish,’’ Alaska plaice, Bering Sea Pacific ocean perch, Kamchatka flounder, northern rockfish, shortraker rockfish, rougheye rockfish, ‘‘other rockfish,’’ squids, octopuses, skates, sculpins, and sharks are not allocated to the CDQ program. 4 Under § 679.20(a)(5)(i)(A)(1), the annual Bering Sea subarea pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (4.0 percent), is further allocated by sector for a directed pollock fishery as follows: inshore—50 percent; catcher/processor—40 percent; and motherships—10 percent. Under § 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual Aleutian Islands subarea pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (2,400 mt), is allocated to the Aleut Corporation for a directed pollock fishery. 5 The Bering Sea subarea and Aleutian Islands subarea Pacific cod TACs are set to account for the State of Alaska guideline harvest level in state waters of the Aleutian Islands subarea. 6 ‘‘Rock sole’’ includes Lepidopsetta polyxystra (Northern rock sole) and Lepidopsetta bilineata (Southern rock sole). 7 ‘‘Flathead sole’’ includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder). 8 ‘‘Other flatfish’’ includes all flatfish species, except for halibut (a prohibited species), flathead sole, Greenland turbot, rock sole, yellowfin sole, arrowtooth flounder, Kamchatka flounder, and Alaska plaice. 9 ‘‘Rougheye rockfish’’ includes Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted). 10 ‘‘Other rockfish’’ includes all Sebastes and Sebastolobus species except for Pacific ocean perch, northern, shortraker, and rougheye rockfish. Note: Regulatory areas and districts are defined at § 679.2 (BS=Bering Sea subarea, AI=Aleutian Islands subarea, EAI=Eastern Aleutian district, CAI=Central Aleutian district, WAI=Western Aleutian district.) mstockstill on DSK3G9T082PROD with PROPOSALS Groundfish Reserves and the Incidental Catch Allowance (ICA) for Pollock, Atka Mackerel, Flathead Sole, Rock Sole, Yellowfin Sole, and AI Pacific Ocean Perch Section 679.20(b)(1)(i) requires NMFS to reserve 15 percent of the TAC for each target species category, except for pollock, hook-and-line or pot gear allocation of sablefish, and Amendment 80 species, in a non-specified reserve. Section 679.20(b)(1)(ii)(B) requires NMFS to allocate 20 percent of the hook-and-line and pot gear allocation of sablefish to the fixed gear sablefish CDQ reserve. Section 679.20(b)(1)(ii)(D) requires NMFS to allocate 7.5 percent of the trawl gear allocation of sablefish and 10.7 percent of Bering Sea Greenland turbot and arrowtooth flounder to the respective CDQ reserves. Section 679.20(b)(1)(ii)(C) requires NMFS to allocate 10.7 percent of the TACs for Atka mackerel, AI Pacific ocean perch, yellowfin sole, rock sole, flathead sole, and Pacific cod to the CDQ reserves. VerDate Sep<11>2014 17:00 Dec 05, 2016 Jkt 241001 Sections 679.20(a)(5)(i)(A) and 679.31(a) also require allocation of 10 percent of the BS pollock TACs to the pollock CDQ directed fishing allowance (DFA). The entire Bogoslof District pollock TAC is allocated as an ICA (see § 679.20(a)(5)(ii)). With the exception of the hook-and-line and pot gear sablefish CDQ reserve, the regulations do not further apportion the CDQ reserves by gear. Pursuant to § 679.20(a)(5)(i)(A)(1), NMFS proposes a pollock ICA of 4.0 percent or 53,626 mt of the Bering Sea subarea pollock TAC after subtracting the 10 percent CDQ reserve. This allowance is based on NMFS’ examination of the pollock incidentally retained and discarded catch, including the incidental catch by CDQ vessels, in target fisheries other than pollock from 2000 through 2016. During this 17-year period, the pollock incidental catch ranged from a low of 2.4 percent in 2006 to a high of 4.8 percent in 2014, with a 17-year average of 3.2 percent. Pursuant PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 to § 679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS proposes a pollock ICA of 2,400 mt of the AI subarea TAC after subtracting the 10 percent CDQ DFA. This allowance is based on NMFS’ examination of the pollock incidental catch, including the incidental catch by CDQ vessels, in target fisheries other than pollock from 2003 through 2016. During this 14-year period, the incidental catch of pollock ranged from a low of 5 percent in 2006 to a high of 17 percent in 2013, with a 14-year average of 8 percent. Pursuant to § 679.20(a)(8) and (10), NMFS proposes ICAs of 4,000 mt of flathead sole, 5,000 mt of rock sole, 4,500 mt of yellowfin sole, 10 mt of Western Aleutian District Pacific ocean perch, 60 mt of Central Aleutian District Pacific ocean perch, 100 mt of Eastern Aleutian District Pacific ocean perch, 20 mt of Western Aleutian District Atka mackerel, 75 mt of Central Aleutian District Atka mackerel, and 1,000 mt of Eastern Aleutian District and Bering Sea E:\FR\FM\06DEP1.SGM 06DEP1 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules subarea Atka mackerel after subtracting the 10.7 percent CDQ reserve. These ICAs are based on NMFS’ examination of the average incidental retained and discarded catch in other target fisheries from 2003 through 2016. The regulations do not designate the remainder of the non-specified reserve by species or species group. Any amount of the reserve may be apportioned to a target species that contributed to the non-specified reserve during the year, provided that such apportionments do not result in overfishing (see § 679.20(b)(1)(i)). Allocations of Pollock TAC Under the American Fisheries Act (AFA) Section 679.20(a)(5)(i)(A) requires that Bering Sea pollock TAC be apportioned after subtracting 10 percent for the CDQ program and 4.0 percent for the ICA as a DFA as follows: 50 percent to the inshore sector, 40 percent to the catcher/processor sector, and 10 percent to the mothership sector. In the Bering Sea subarea, 45 percent of the DFA is allocated to the A season (January 20 to June 10) and 55 percent of the DFA is allocated to the B season (June 10 to November 1) (§§ 679.20(a)(5)(i)(B)(1) and 679.23(e)(2)). The AI directed pollock fishery allocation to the Aleut Corporation is the amount of pollock remaining in the AI subarea after subtracting 1,900 mt for the CDQ DFA (10 percent), and 2,400 mt for the ICA (§ 679.20(a)(5)(iii)(B)(2)(i)–(iii)). In the AI subarea, the total A season apportionment of the pollock TAC may equal up to 40 percent of the ABC, and the remainder of the pollock TAC is allocated to the B season (§ 679.20(a)(5)(iii)(B)(3)). Table 2 lists these proposed 2017 and 2018 amounts. Section 679.20(a)(5)(iii)(B)(6) sets harvest limits for pollock in the A season (January 20 to June 10) in Areas 543, 542, and 541. In Area 543, the A season pollock harvest limit is no more than 5 percent of the Aleutian Islands pollock ABC. In Area 542, the A season pollock harvest limit is no more than 15 percent of the Aleutian Islands ABC. In Area 541, the A season pollock harvest limit is no more than 30 percent of the Aleutian Islands ABC. Section 679.20(a)(5)(i)(A)(4) also includes several specific requirements regarding Bering Sea subarea pollock allocations. First, it requires that 8.5 percent of the pollock allocated to the catcher/processor sector be available for harvest by AFA catcher vessels with catcher/processor sector endorsements, unless the Regional Administrator receives a cooperative contract that allows the distribution of harvest among AFA catcher/processors and AFA catcher vessels in a manner agreed to by all members. Second, AFA catcher/ processors not listed in the AFA are limited to harvesting not more than 0.5 percent of the pollock allocated to the catcher/processor sector. Table 2 lists 87867 the proposed 2017 and 2018 allocations of pollock TAC. Tables 14 through 17 list the AFA catcher/processor and catcher vessel harvesting sideboard limits. The Bering Sea subarea inshore pollock cooperative and open access sector allocations are based on the submission of AFA inshore cooperative applications due to NMFS on December 1 of each calendar year. Because AFA inshore cooperative applications for 2017 have not been submitted to NMFS, and NMFS therefore cannot calculate 2017 allocations, NMFS has not included inshore cooperative text and tables in these proposed harvest specifications. NMFS will post 2017 AFA inshore cooperative allocations on the Alaska Region Web site at https:// alaskafisheries.noaa.gov prior to the start of the fishing year on January 1, 2017, based on the harvest specifications effective on that date. Table 2 also lists proposed seasonal apportionments of pollock and harvest limits within the Steller Sea Lion Conservation Area (SCA). The harvest of pollock within the SCA, as defined at § 679.22(a)(7)(vii), is limited to no more than 28 percent of the DFA before noon, April 1, as provided in § 679.20(a)(5)(i)(C). The A season pollock SCA harvest limit will be apportioned to each sector in proportion to each sector’s allocated percentage of the DFA. Table 2 lists these proposed 2017 and 2018 amounts by sector. TABLE 2—PROPOSED 2017 AND 2018 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ DIRECTED FISHING ALLOWANCES (DFA) 1 [Amounts are in metric tons] A season 1 2017 and 2018 Allocations mstockstill on DSK3G9T082PROD with PROPOSALS Area and sector A season DFA 1,340,643 134,064 48,263 579,158 463,326 423,943 39,383 2,317 115,832 202,705 347,495 1,158,316 36,664 19,000 1,900 2,400 14,700 n/a 10,999 5,500 1,833 n/a 60,329 n/a 260,621 208,497 190,775 17,722 1,042 52,124 n/a n/a 521,242 n/a n/a 760 1,200 13,520 n/a n/a n/a n/a Bering Sea subarea TAC .............................................................................. CDQ DFA ....................................................................................................... ICA 1 ............................................................................................................... AFA Inshore ................................................................................................... AFA Catcher/Processors 3 ............................................................................. Catch by C/Ps ........................................................................................ Catch by C/Vs 3 ...................................................................................... Unlisted C/P Limit 4 .......................................................................... AFA Motherships ........................................................................................... Excessive Harvesting Limit 5 .......................................................................... Excessive Processing Limit 6 ......................................................................... Total Bering Sea DFA (non-CDQ) ................................................................. Aleutian Islands subarea ABC ....................................................................... Aleutian Islands subarea TAC ....................................................................... CDQ DFA ....................................................................................................... ICA ................................................................................................................. Aleut Corporation ........................................................................................... Area harvest limit 7 ......................................................................................... Area 541 harvest limit 7 .................................................................................. Area 542 harvest limit 7 .................................................................................. Area 543 harvest limit 7 .................................................................................. VerDate Sep<11>2014 17:00 Dec 05, 2016 Jkt 241001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\06DEP1.SGM 06DEP1 B season 1 SCA harvest limit 2 n/a 37,538 n/a 162,164 129,731 n/a n/a n/a 32,433 n/a n/a 324,328 n/a n/a n/a n/a n/a n/a n/a n/a n/a B season DFA n/a 73,735 n/a 318,537 254,829 233,169 21,661 1,274 63,707 n/a n/a 637,074 n/a n/a 1,140 1,200 1,180 n/a n/a n/a n/a 87868 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules TABLE 2—PROPOSED 2017 AND 2018 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ DIRECTED FISHING ALLOWANCES (DFA) 1—Continued [Amounts are in metric tons] A season 1 2017 and 2018 Allocations Area and sector A season DFA 100 n/a Bogoslof District ICA 8 .................................................................................... B season 1 SCA harvest limit 2 n/a B season DFA n/a 1 Pursuant to § 679.20(a)(5)(i)(A), the annual Bering Sea subarea pollock TAC, after subtracting the CDQ DFA (10 percent) and the ICA (4.0 percent), is allocated as a DFA as follows: inshore sector 50 percent, catcher/processor sector 40 percent, and mothership sector 10 percent. In the Bering Sea subarea, 45 percent of the DFA is allocated to the A season (January 20–June 10) and 55 percent of the DFA is allocated to the B season (June 10–November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock TAC, after subtracting first for the CDQ DFA (10 percent) and second the ICA (2,400 mt), is allocated to the Aleut Corporation for a directed pollock fishery. In the AI subarea, the A season is allocated 40 percent of the ABC, and the B season is allocated the remainder of the directed pollock fishery. 2 In the Bering Sea subarea, no more than 28 percent of each sector’s annual DFA may be taken from the SCA before noon, April 1. 3 Pursuant to § 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors (C/Ps) shall be available for harvest only by eligible catcher vessels (CVs) delivering to listed C/Ps. 4 Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/ processor sector’s allocation of pollock. 5 Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the pollock DFAs not including CDQ. 6 Pursuant to § 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the pollock DFAs not including CDQ. 7 Pursuant to § 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in Area 541 no more than 30 percent, in Area 542 no more than 15 percent, and in Area 543 no more than 5 percent of the Aleutian Islands pollock ABC. 8 The Regional Administrator proposes closing the Bogoslof pollock fishery for directed fishing under the final 2017 and 2018 harvest specifications for the BSAI. The amounts specified are for incidental catch only and are not apportioned by season or sector. mstockstill on DSK3G9T082PROD with PROPOSALS Allocation of the Atka Mackerel TACs Section 679.20(a)(8) allocates the Atka mackerel TACs to the Amendment 80 and BSAI trawl limited access sectors, after subtracting the CDQ reserves, jig gear allocation, and ICAs for the BSAI trawl limited access sector and nontrawl gear sectors (Table 3). The percentage of the ITAC for Atka mackerel allocated to the Amendment 80 and BSAI trawl limited access sectors is listed in Table 33 to 50 CFR part 679 and in § 679.91. Pursuant to § 679.20(a)(8)(i), up to 2 percent of the Eastern Aleutian District and Bering Sea subarea Atka mackerel ITAC may be allocated to jig gear. The percentage of this allocation is recommended annually by the Council based on several criteria, including the anticipated harvest capacity of the jig gear fleet. The Council recommended and NMFS proposes a 0.5 percent allocation of the Atka mackerel ITAC in the Eastern Aleutian District and Bering Sea subarea to jig gear in 2017 and 2018. This percentage is applied to the TAC after subtracting the CDQ reserve and the ICA. Section 679.20(a)(8)(ii)(A) apportions the Atka mackerel TAC into two equal VerDate Sep<11>2014 17:00 Dec 05, 2016 Jkt 241001 seasonal allowances. Section 679.23(e)(3) sets the first seasonal allowance for directed fishing with trawl gear from January 20 through June 10 (A season), and the second seasonal allowance from June 10 through December 31 (B season). Section 679.23(e)(4)(iii) applies Atka mackerel seasons to CDQ Atka mackerel fishing. The ICA and jig gear allocations are not apportioned by season. Section 679.20(a)(8)(ii)(C)(1)(i) and (ii) limits Atka mackerel catch within waters 0 nm to 20 nm of Steller sea lion sites listed in Table 6 to 50 CFR part 679 and located west of 178° W longitude to no more than 60 percent of the annual TACs in Areas 542 and 543; and equally divides the annual TAC between the A and B seasons as defined at § 679.23(e)(3). Section 679.20(a)(8)(ii)(C)(2) requires the annual TAC in Area 543 will be no more than 65 percent of the ABC in Area 543. Section 679.20(a)(8)(ii)(D) requires that any unharvested Atka mackerel A season allowance that is added to the B season be prohibited from being harvested within waters 0 nm to 20 nm of Steller sea lion sites listed in Table PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 6 to 50 CFR part 679 and located in Areas 541, 542, and 543. Two Amendment 80 cooperatives have formed for the 2017 fishing year. Because all Amendment 80 vessels are part of a cooperative, no allocation to the Amendment 80 limited access sector is required. NMFS will post 2017 Amendment 80 cooperative allocations on the Alaska Region Web site at https:// alaskafisheries.noaa.gov prior to the start of the fishing year on January 1, 2017, based on the harvest specifications effective on that date. Table 3 lists these 2017 and 2018 Atka mackerel season allowances, area allowances, and the sector allocations. The 2018 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until eligible participants apply for participation in the program by November 1, 2017. NMFS will post 2018 Amendment 80 cooperatives and Amendment 80 limited access allocations on the Alaska Region Web site at https://alaskafisheries.noaa.gov prior to the start of the fishing year on January 1, 2018, based on the harvest specifications effective on that date. E:\FR\FM\06DEP1.SGM 06DEP1 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules 87869 TABLE 3—PROPOSED 2017 AND 2018 SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, CDQ RESERVE, INCIDENTAL CATCH ALLOWANCE, AND AMENDMENT 80 ALLOCATIONS OF THE BSAI ATKA MACKEREL TAC [Amounts are in metric tons] 2017 and 2018 Allocation by area Sector 1 Season 2 3 4 TAC ...................................................................................................... CDQ reserve ........................................................................................ n/a ............................. Total .......................... A ................................ Critical habitat 5 ......... B ................................ Critical habitat 5 ......... Total .......................... Total .......................... Total .......................... A ................................ Critical habitat 5 ......... B ................................ Critical habitat 5 ......... Total .......................... Total .......................... A ................................ Critical habitat 5 ......... B ................................ Critical habitat 5 ......... Total .......................... A ................................ Critical habitat 5 ......... B ................................ Critical habitat 5 ......... ICA ....................................................................................................... Jig 6 ...................................................................................................... BSAI trawl limited access .................................................................... Amendment 80 7 .................................................................................. Alaska Groundfish Cooperative for 2017 ............................................ Alaska Seafood Cooperative for 2017 ................................................. Eastern Aleutian District/ Bering Sea 28,500 3,050 1,525 n/a 1,525 n/a 1,000 122 2,433 1,216 n/a 1,216 n/a 21,895 12,326 6,163 n/a 6,163 n/a 9,570 4,785 n/a 4,785 n/a Central Aleutian District Western Aleutian District 16,000 1,712 856 514 856 514 75 ........................ 1,421 711 426 711 426 12,792 7,615 3,808 2,285 3,808 2,285 5,177 2,589 1,553 2,589 1,553 10,500 1,124 562 337 562 337 20 ........................ ........................ ........................ ........................ ........................ ........................ 9,357 5,754 2,877 1,726 2,877 1,726 3,603 1,802 1,081 1,802 1,081 1 Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and the jig gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50 CFR part 679 and § 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see §§ 679.20(b)(1)(ii)(C) and 679.31). 2 Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery. 3 The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season. 4 Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from January 20 to June 10, and the B season from June 10 to December 31. 5 Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to be caught inside of critical habitat; paragraph (a)(ii)(C)(1)(ii) equally divides the annual TACs between the A and B seasons as defined at § 679.23(e)(3); and paragraph (a)(8)(ii)(C)(2) requires the TAC in Area 543 shall be no more than 65 percent of ABC. 6 Section 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian District and Bering Sea subarea TAC be allocated to jig gear after subtraction of the CDQ reserve and ICA. The amount of this allocation is 0.5 percent. The jig gear allocation is not apportioned by season. 7 The 2018 allocations for Amendment 80 Atka mackerel between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until eligible participants apply for participation in the program by November 1, 2017. mstockstill on DSK3G9T082PROD with PROPOSALS Allocation of the Pacific Cod TAC The Council recommended and NMFS proposes separate BS and AI subarea OFLs, ABCs, and TACs for Pacific cod. Section 679.20(b)(1)(ii)(C) allocates 10.7 percent of the BS TAC and the AI TAC to the CDQ program. After CDQ allocations have been deducted from the respective BS and AI Pacific cod TACs, the remaining BS and AI Pacific cod TACs are combined for calculating further BSAI Pacific cod sector allocations. However, if the nonCDQ Pacific cod TAC is or will be reached in either the BS or AI subareas, NMFS will prohibit non-CDQ directed fishing for Pacific cod in that subarea, as provided in § 679.20(d)(1)(iii). Section 679.20(a)(7)(i) and (ii) allocates the Pacific cod TAC in the combined BSAI TAC, after subtracting 10.7 percent for the CDQ program, as VerDate Sep<11>2014 17:00 Dec 05, 2016 Jkt 241001 follows: 1.4 percent to vessels using jig gear, 2.0 percent to hook-and-line or pot catcher vessels less than 60 ft (18.3 m) length overall (LOA), 0.2 percent to hook-and-line catcher vessels greater than or equal to 60 ft (18.3 m) LOA, 48.7 percent to hook-and-line catcher/ processors, 8.4 percent to pot catcher vessels greater than or equal to 60 ft (18.3 m) LOA, 1.5 percent to pot catcher/processors, 2.3 percent to AFA trawl catcher/processors, 13.4 percent to non-AFA trawl catcher/processors, and 22.1 percent to trawl catcher vessels. The BSAI ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of BSAI Pacific cod TAC allocated to the hook-and-line and pot sectors. For 2017 and 2018, the Regional Administrator proposes a BSAI ICA of 500 mt, based on anticipated incidental catch by these sectors in other fisheries. PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 The BSAI ITAC allocation of Pacific cod to the Amendment 80 sector is established in Table 33 to 50 CFR part 679 and § 679.91. Two Amendment 80 cooperatives have formed for the 2017 fishing year. Because all Amendment 80 vessels are part of a cooperative, no allocation to the Amendment 80 limited access sector is required. NMFS will post 2017 Amendment 80 cooperative allocations on the Alaska Region Web site at https://alaskafisheries.noaa.gov prior to the start of the fishing year on January 1, 2017, based on the harvest specifications effective on that date. The 2018 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until eligible participants apply for participation in the program by November 1, 2017. NMFS will post 2018 Amendment 80 cooperatives and E:\FR\FM\06DEP1.SGM 06DEP1 87870 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules Amendment 80 limited access allocations on the Alaska Region Web site at https://alaskafisheries.noaa.gov prior to the start of the fishing year on January 1, 2018, based on the harvest specifications effective on that date. The Pacific cod ITAC is apportioned into seasonal allowances to disperse the Pacific cod fisheries over the fishing year (see §§ 679.20(a)(7), (a)(7)(iv)(A), and 679.23(e)(5)). In accordance with § 679.20(a)(7)(iv)(B) and (C), any unused portion of a seasonal Pacific cod allowance will become available at the beginning of the next seasonal allowance. Section 679.20(a)(7)(vii) requires the Regional Administrator to establish an Area 543 Pacific cod harvest limit based on Pacific cod abundance in Area 543. Based on the 2015 stock assessment, the Regional Administrator determined the Area 543 Pacific cod harvest limit to be 26.3 percent of the AI Pacific cod TAC for 2017 and 2018. NMFS first subtracted the State GHL Pacific cod amount from the AI Pacific cod ABC and then multiplied the remaining ABC for AI Pacific cod by the percentage of Pacific cod estimated in Area 543. Based on these calculations, the Area 543 harvest limit is 3,379 mt. The CDQ and non-CDQ season allowances by gear based on the proposed 2017 and 2018 Pacific cod TACs are listed in Table 4 based on the sector allocation percentages of Pacific cod set forth at § 679.20(a)(7)(i)(B) and (a)(7)(iv)(A); and the seasonal allowances of Pacific cod set forth at § 679.23(e)(5). TABLE 4—PROPOSED 2017 AND 2018 GEAR SHARES AND SEASONAL ALLOWANCES OF THE BSAI 1 PACIFIC COD TAC [Amounts are in metric tons] Sector 2017 and 2018 share of gear sector total Percent 2017 and 2018 share of sector total n/a n/a n/a n/a n/a n/a n/a 100 60.8 n/a n/a 48.7 238,680 25,539 213,141 12,839 1,374 11,465 3,379 224,606 136,561 n/a 136,061 n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 500 n/a 108,983 Hook-and-line catcher vessels >60 ft LOA .. 0.2 n/a 448 Pot catcher/processors ................................. 1.5 n/a 3,357 Pot catcher vessels >60 ft LOA ................... 8.4 n/a 18,798 Catcher vessels <60 ft LOA using hookand-line or pot gear. Trawl catcher vessels ................................... 2 n/a 4,476 22.1 49,638 n/a AFA trawl catcher/processors ....................... 2.3 5,166 n/a Amendment 80 ............................................. 13.4 30,097 n/a Alaska Groundfish Cooperative for 2017 3 ... n/a 4,751 n/a Alaska Seafood Cooperative for 2017 3 ....... n/a 25,346 n/a Jig ................................................................. mstockstill on DSK3G9T082PROD with PROPOSALS Total Bering Sea TAC .................................. Bering Sea CDQ ........................................... Bering Sea non-CDQ TAC ........................... Total Aleutian Islands TAC ........................... Aleutian Islands CDQ ................................... Aleutian Islands non-CDQ TAC .................... Western Aleutians Islands Limit ................... Total BSAI non-CDQ TAC 1 .......................... Total hook-and-line/pot gear ......................... Hook-and-line/pot ICA 2 ................................ Hook-and-line/pot sub-total ........................... Hook-and-line catcher/processors ................ 1.4 3,144 n/a 2017 and 2018 seasonal apportionment Season Amount n/a ......................................... See § 679.20(a)(7)(i)(B) ........ n/a ......................................... n/a ......................................... See § 679.20(a)(7)(i)(B) ........ n/a ......................................... n/a ......................................... n/a ......................................... n/a ......................................... n/a ......................................... n/a ......................................... Jan 1–Jun 10 ........................ Jun 10–Dec 31 ..................... Jan 1–Jun 10 ........................ Jun 10–Dec 31 ..................... Jan 1–Jun 10 ........................ Sept 1–Dec 31 ...................... Jan 1–Jun 10 ........................ Sept 1–Dec 31 ...................... n/a ......................................... n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a 55,581 53,402 228 219 1,712 1,645 9,587 9,211 n/a Jan 20–Apr 1 ........................ Apr 1–Jun 10 ........................ Jun 10–Nov 1 ....................... Jan 20–Apr 1 ........................ Apr 1–Jun 10 ........................ Jun 10–Nov 1 ....................... Jan 20–Apr 1 ........................ Apr 1–Jun 10 ........................ Jun 10–Nov 1 ....................... Jan 20–Apr 1 ........................ Apr 1–Jun 10 ........................ Jun 10–Nov 1 ....................... Jan 20–Apr 1 ........................ Apr 1–Jun 10 ........................ Jun 10–Nov 1 ....................... Jan 1–Apr 30 ........................ Apr 30–Aug 31 ..................... Aug 31–Dec 31 ..................... 36,732 5,460 7,446 3,874 1,291 0 22,573 7,524 0 3,563 1,188 0 19,010 6,337 0 1,887 629 629 1 The gear shares and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and AI Pacific cod TACs. If the TAC for Pacific cod in either the AI or BS is reached, then directed fishing for Pacific cod in that subarea may be prohibited, even if a BSAI allowance remains. 2 The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC allocated to the hook-and-line and pot sectors. The Regional Administrator proposes an ICA of 500 mt for 2017 and 2018 based on anticipated incidental catch in these fisheries. 3 The 2018 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until eligible participants apply for participation in the program by November 1, 2017. VerDate Sep<11>2014 17:00 Dec 05, 2016 Jkt 241001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\06DEP1.SGM 06DEP1 87871 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules Sablefish Gear Allocation Section 679.20(a)(4)(iii) and (iv) requires allocation of sablefish TACs for the Bering Sea and AI subareas between trawl gear and hook-and-line or pot gear. Gear allocations of the TACs for the Bering Sea subarea are 50 percent for trawl gear and 50 percent for hookand-line or pot gear. Gear allocations for the TACs for the AI subarea are 25 percent for trawl gear and 75 percent for hook-and-line or pot gear. Section 679.20(b)(1)(ii)(B) requires NMFS to apportion 20 percent of the hook-andline or pot gear allocation of sablefish to the CDQ reserve. Additionally, § 679.20(b)(1)(ii)(D)(1) requires that 7.5 percent of the trawl gear allocation of sablefish from the nonspecified reserves, established under § 679.20(b)(1)(i), be apportioned to the CDQ reserve. The Council has recommended that only trawl sablefish TAC be established biennially. The harvest specifications for the hook-andline gear and pot gear sablefish Individual Fishing Quota (IFQ) fisheries are limited to the 2017 fishing year to ensure those fisheries are conducted concurrently with the halibut IFQ fishery. Concurrent sablefish and halibut IFQ fisheries reduce the potential for discards of halibut and sablefish in those fisheries. The sablefish IFQ fisheries remain closed at the beginning of each fishing year until the final harvest specifications for the sablefish IFQ fisheries are in effect. Table 5 lists the proposed 2017 and 2018 gear allocations of the sablefish TAC and CDQ reserve amounts. TABLE 5—PROPOSED 2017 AND 2018 GEAR SHARES AND CDQ RESERVE OF BSAI SABLEFISH TACS [Amounts are in metric tons] Percent of TAC Subarea and gear 2017 Share of TAC 2017 ITAC 1 2017 CDQ reserve 2018 Share of TAC 2018 ITAC 2018 CDQ reserve Bering Sea: Trawl ................................................. Hook-and-line gear 2 ......................... 50 50 526 526 447 n/a 39 105 526 n/a 447 n/a 39 n/a Total ........................................... 100 1,052 447 145 526 447 39 Aleutian Islands: Trawl ................................................. Hook-and-line gear 2 ......................... 25 75 356 1,067 302 n/a 27 213 356 n/a 302 n/a 27 n/a Total ........................................... 100 1,423 302 240 356 302 27 1 Except for the sablefish hook-and-line or pot gear allocation, 15 percent of TAC is apportioned to the reserve. The ITAC is the remainder of the TAC after the subtraction of these reserves. 2 For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the allocated TAC is reserved for use by CDQ participants. Section 679.20(b)(1) does not provide for the establishment of an ITAC for sablefish allocated to hook-and-line or pot gear. Note: Seasonal or sector apportionments may not total precisely due to rounding. Allocation of the Aleutian Islands Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACs Section 679.20(a)(10)(i) and (ii) requires that NMFS allocate AI Pacific ocean perch, and BSAI flathead sole, rock sole, and yellowfin sole TACs between the Amendment 80 and BSAI trawl limited access sectors, after subtracting 10.7 percent for the CDQ reserve and an ICA for the BSAI trawl limited access sector and vessels using non-trawl gear. The allocation of the ITAC for AI Pacific ocean perch, and BSAI flathead sole, rock sole, and yellowfin sole to the Amendment 80 sector is established in Tables 33 and 34 to 50 CFR part 679 and in § 679.91. Two Amendment 80 cooperatives have formed for the 2017 fishing year. Because all Amendment 80 vessels are part of a cooperative, no allocation to the Amendment 80 limited access sector is required. NMFS will post 2017 Amendment 80 cooperative allocations on the Alaska Region Web site at https:// alaskafisheries.noaa.gov prior to the start of the fishing year on January 1, 2017, based on the harvest specifications effective on that date. The 2018 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until eligible participants apply for participation in the program by November 1, 2017. NMFS will post 2018 Amendment 80 cooperatives and Amendment 80 limited access allocations on the Alaska Region Web site at https://alaskafisheries.noaa.gov prior to the start of the fishing year on January 1, 2018, based on the harvest specifications effective on that date. Table 6 lists the proposed 2017 and 2018 allocations of the AI Pacific ocean perch, and BSAI flathead sole, rock sole, and yellowfin sole TACs. TABLE 6—PROPOSED 2017 AND 2018 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE TACS mstockstill on DSK3G9T082PROD with PROPOSALS [Amounts are in metric tons] 2017 and 2018 allocations Pacific ocean perch Sector Flathead sole Eastern Aleutian district TAC ...................................................................... CDQ ..................................................................... VerDate Sep<11>2014 17:00 Dec 05, 2016 Jkt 241001 PO 00000 Central Aleutian district 7,537 806 Frm 00023 7,000 749 Fmt 4702 Sfmt 4702 Western Aleutian district 9,000 963 Rock sole Yellowfin sole BSAI BSAI BSAI 21,000 2,247 E:\FR\FM\06DEP1.SGM 06DEP1 57,100 6,110 144,000 15,408 87872 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules TABLE 6—PROPOSED 2017 AND 2018 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE TACS—Continued [Amounts are in metric tons] 2017 and 2018 allocations Pacific ocean perch Sector Flathead sole Eastern Aleutian district ICA ....................................................................... BSAI trawl limited access .................................... Amendment 80 ..................................................... Alaska Groundfish Cooperative for 2017 1 .......... Alaska Seafood Cooperative for 2017 1 .............. Central Aleutian district 100 663 5,967 3,164 2,803 Western Aleutian district 60 619 5,572 2,954 2,617 10 161 7,866 4,171 3,695 Rock sole Yellowfin sole BSAI BSAI BSAI 4,000 0 14,753 1,513 13,240 5,000 0 45,990 11,377 34,614 4,500 14,579 109,513 43,510 66,003 1 The 2018 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until eligible participants apply for participation in the program by November 1, 2017. Section 679.2 defines the ABC surplus for flathead sole, rock sole, and yellowfin sole as the difference between the annual ABC and TAC for each species. Section 679.20(b)(1)(iii) establishes ABC reserves for flathead sole, rock sole, and yellowfin sole. The ABC surpluses and the ABC reserves are necessary to mitigate the operational variability, environmental conditions, and economic factors that may constrain the CDQ groups and the Amendment 80 cooperatives from achieving, on a continuing basis, the optimum yield in the BSAI groundfish fisheries. NMFS, after consultation with the Council, may set the ABC reserve at or below the ABC surplus for each species thus maintaining the TAC below ABC limits. An amount equal to 10.7 percent of the ABC reserves will be allocated as CDQ reserves for flathead sole, rock sole, and yellowfin sole. The Amendment 80 ABC reserves shall be the ABC reserves minus the CDQ ABC reserves. Section 679.91(i)(2) establishes each Amendment 80 cooperative ABC reserve to be the ratio of each cooperatives’ quota share units and the total Amendment 80 quota share units, multiplied by the Amendment 80 ABC reserve for each respective species. Table 7 lists the 2017 and 2018 ABC surplus and ABC reserves for BSAI flathead sole, rock sole, and yellowfin sole. TABLE 7—PROPOSED 2017 AND 2018 ABC SURPLUS, COMMUNITY DEVELOPMENT QUOTA (CDQ) ABC RESERVES, AND AMENDMENT 80 ABC RESERVES IN THE BSAI FOR FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE [Amounts are in metric tons] Sector Flathead sole ABC .............................................................................................................................................. TAC .............................................................................................................................................. ABC surplus ................................................................................................................................. ABC reserve ................................................................................................................................ CDQ ABC reserve ....................................................................................................................... Amendment 80 ABC reserve ....................................................................................................... Alaska Groundfish Cooperative for 2017 1 .................................................................................. Alaska Seafood Cooperative for 2017 1 ...................................................................................... 64,580 21,000 43,580 43,580 4,663 38,917 3,992 34,925 Rock sole 145,000 57,100 87,900 87,900 9,405 78,495 19,417 59,077 Yellowfin sole 203,500 144,000 59,500 59,500 6,367 53,134 21,112 32,022 1 The 2018 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until eligible participants apply for participation in the program by November 1, 2017. mstockstill on DSK3G9T082PROD with PROPOSALS Proposed PSC Limits for Halibut, Salmon, Crab, and Herring Section 679.21(b), (e), (f), and (g) sets forth the BSAI PSC limits. Pursuant to § 679.21(b)(1), the 2017 and 2018 BSAI halibut PSC limits total 3,515 mt. Section 679.21(b)(1) allocates 315 mt of the halibut PSC limit as the PSQ reserve for use by the groundfish CDQ program, 1,745 mt of halibut PSC limit for the Amendment 80 sector, 745 mt of halibut PSC limit for the BSAI trawl limited access sector, and 710 mt of halibut mortality for the BSAI non-trawl sector. Section 679.21(b)(1)(iii)(A) and (B) authorizes apportionment of the nontrawl halibut PSC limit into PSC VerDate Sep<11>2014 17:00 Dec 05, 2016 Jkt 241001 allowances among six fishery categories, and § 679.21(b)(1)(ii)(A) and (B) and §§ 679.21(e)(3)(i)(B) and 679.21(e)(3)(iv) require apportionment of the BSAI trawl limited access halibut and crab PSC limits into PSC allowances among seven fishery categories. Table 10 lists the fishery PSC allowances for the BSAI trawl limited access fisheries, and Table 11 lists the fishery PSC allowances for the non-trawl fisheries. Pursuant to Section 3.6 of the FMP, the Council recommends, and NMFS agrees, that certain specified non-trawl fisheries be exempt from the halibut PSC limit. As in past years, after consultation with the Council, NMFS PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 exempts pot gear, jig gear, and the sablefish IFQ hook-and-line gear fishery categories from halibut bycatch restrictions for the following reasons: (1) The pot gear fisheries have low halibut bycatch mortality; (2) NMFS estimates halibut mortality for the jig gear fleet to be negligible because of the small size of the fishery and the selectivity of the gear; and (3) the sablefish and halibut IFQ fisheries have low halibut bycatch mortality because the IFQ program requires legal-size halibut to be retained by vessels using hook-and-line gear if a halibut IFQ permit holder or a hired master is aboard and is holding unused halibut IFQ (subpart D of 50 CFR part E:\FR\FM\06DEP1.SGM 06DEP1 mstockstill on DSK3G9T082PROD with PROPOSALS Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules 679). As of November 2016, total groundfish catch for the pot gear fishery in the BSAI was 43,079 mt, with an associated halibut bycatch mortality of 2 mt. The 2016 jig gear fishery harvested about 47 mt of groundfish. Most vessels in the jig gear fleet are exempt from observer coverage requirements. As a result, observer data are not available on halibut bycatch in the jig gear fishery. However, as mentioned above, NMFS estimates a negligible amount of halibut bycatch mortality because of the selective nature of jig gear and the low mortality rate of halibut caught with jig gear and released. Under § 679.21(f)(2), NMFS annually allocates portions of either 33,318, 45,000, 47,591, or 60,000 Chinook salmon PSC limits among the AFA sectors, depending on past bycatch performance, on whether Chinook salmon bycatch incentive plan agreements (IPAs) are formed, and on whether NMFS determines it is a low Chinook salmon abundance year. NMFS will determine that it is a low Chinook salmon abundance year when abundance of Chinook salmon in western Alaska is less than or equal to 250,000 Chinook salmon. The State of Alaska provides to NMFS an estimate of Chinook salmon abundance using the 3System Index for western Alaska based on the Kuskokwim, Unalakleet, and Upper Yukon aggregate stock grouping. If an AFA sector participates in an approved IPA and it is not a low Chinook salmon abundance year, then NMFS will allocate a portion of the 60,000 PSC limit to that sector as specified in § 679.21(f)(3)(iii)(A). If no IPA is approved, or if the sector has exceeded its performance standard under § 679.21(f)(6), and it is not a low abundance year, NMFS will allocate a portion of the 47,591 Chinook salmon PSC limit to that sector as specified in § 679.21(f)(3)(iii)(C). If an AFA sector participates in an approved IPA in a low abundance year, then NMFS will allocate a portion of the 45,000 PSC limit to that sector as specified in § 679.21(f)(3)(iii)(B). If no IPA is approved, or if the sector has exceeded its performance standard under § 679.21(f)(6) in a low abundance year, NMFS will allocate a portion of the 33,318 Chinook salmon PSC limit to that sector as specified in § 679.21(f)(3)(iii)(D). As of October 1, 2016, NMFS has determined that it is not a low Chinook salmon abundance year based on the State of Alaska’s estimate that Chinook salmon abundance in western Alaska is greater than 250,000 Chinook salmon. Therefore, in 2017, the Chinook salmon VerDate Sep<11>2014 17:00 Dec 05, 2016 Jkt 241001 PSC limit is 60,000, and the AFA sector Chinook salmon allocations are seasonally allocated with 70 percent of the allocation for the A season pollock fishery, and 30 percent of the allocation for the B season pollock fishery as stated in § 679.21(f)(3)(iii)(A). Additionally, in 2017, the Chinook salmon bycatch performance standard under § 679.21(f)(6) is 47,591 Chinook salmon, allocated to each sector as specified in § 679.21(f)(3)(iii)(C). The basis for these PSC limits is described in detail in the final rule implementing management measures for Amendment 91 (75 FR 53026, August 30, 2010) and Amendment 110 (81 FR 37534, June 10, 2016). NMFS publishes the approved IPAs, allocations, and reports at https://alaskafisheries.noaa. gov/sustainablefisheries/bycatch/ default.htm. Section 679.21(g)(2)(i) specifies 700 fish as the 2017 and 2018 Chinook salmon PSC limit for the AI subarea pollock fishery. Section 679.21(g)(2)(ii) allocates 7.5 percent, or 53 Chinook salmon, as the AI subarea PSQ for the CDQ program and allocates the remaining 647 Chinook salmon to the non-CDQ fisheries. Section 679.21(f)(14)(i) specifies 42,000 fish as the 2017 and 2018 nonChinook salmon PSC limit in the Catcher Vessel Operational Area (CVOA). Section 679.21(f)(14)(ii) allocates 10.7 percent, or 4,494, nonChinook salmon in the CVOA as the PSQ for the CDQ program, and allocates the remaining 37,506 non-Chinook salmon to the non-CDQ fisheries. PSC limits for crab and herring are specified annually based on abundance and spawning biomass. Due to the lack of new information as of October 2016 regarding herring PSC limits and apportionments, the Council recommended and NMFS proposes basing the herring 2017 and 2018 PSC limits and apportionments on the 2015 survey data. The Council will reconsider these amounts in December 2016. Section 679.21(e)(3)(i)(A)(1) allocates 10.7 percent of each trawl gear PSC limit specified for crab as a PSQ reserve for use by the groundfish CDQ program. Based on 2016 survey data, the red king crab mature female abundance is estimated at 22.8 million red king crabs, which is above the threshold of 8.4 million red king crabs, and the effective spawning biomass is estimated at 42.2 million lbs (19,148 mt). Based on the criteria set out at § 679.21(e)(1)(i), the proposed 2017 and 2018 PSC limit of red king crab in Zone 1 for trawl gear is 97,000 animals. This limit derives from the mature female abundance PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 87873 estimate of more than 8.4 million red king crab and the effective spawning biomass estimate of more than 14.5 million lbs (6,577 mt) but less than 55 million lbs (24,948 mt). Section 679.21(e)(3)(ii)(B)(2) establishes criteria under which NMFS must specify an annual red king crab bycatch limit for the Red King Crab Savings Subarea (RKCSS). The regulations limit the RKCSS to up to 25 percent of the red king crab PSC allowance based on the need to optimize the groundfish harvest relative to red king crab bycatch. NMFS proposes the Council’s recommendation that the red king crab bycatch limit be equal to 25 percent of the red king crab PSC allowance within the RKCSS (Table 9). Based on 2016 survey data, Tanner crab (Chionoecetes bairdi) abundance is estimated at 285 million animals. Pursuant to criteria set out at § 679.21(e)(1)(ii), the calculated 2017 and 2018 C. bairdi crab PSC limit for trawl gear is 830,000 animals in Zone 1, and 2,070,000 animals in Zone 2. In Zone 1, C. bairdi abundance was estimated to be greater than 270 million and less than 400 million animals. In Zone 2, C. bairdi abundance was estimated to be greater than 175 million animals and less than 290 million animals. Pursuant to § 679.21(e)(1)(iii), the PSC limit for snow crab (C. opilio) is based on total abundance as indicated by the NMFS annual bottom trawl survey. The C. opilio crab PSC limit in the C. opilio bycatch limitation zone (COBLZ) is set at 0.1133 percent of the Bering Sea abundance index minus 150,000 crabs. Based on the 2016 survey estimate of 8.169 billion animals, the calculated C. opilio crab PSC limit is 9,105,477 animals. Pursuant to § 679.21(e)(1)(v), the PSC limit of Pacific herring caught while conducting any trawl operation for BSAI groundfish is 1 percent of the annual eastern Bering Sea herring biomass. The best estimate of 2017 and 2018 herring biomass is 263,098 mt. This amount was developed by the Alaska Department of Fish and Game based on spawning location estimates. Therefore, the herring PSC limit proposed for 2017 and 2018 is 2,631 mt for all trawl gear as listed in Tables 8 and 9. Section 679.21(e)(3)(i)(A) requires PSQ reserves to be subtracted from the total trawl PSC limits. The amount of the 2017 PSC limits assigned to the Amendment 80 and BSAI trawl limited access sectors are specified in Table 35 to 50 CFR part 679. The resulting allocations of PSC limits to CDQ PSQ, the Amendment 80 sector, and the BSAI E:\FR\FM\06DEP1.SGM 06DEP1 87874 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules trawl limited access sector are listed in Table 8. Pursuant to § 679.21(b)(1)(i), § 679.21(e)(3)(vi), and § 679.91(d) through (f), crab and halibut trawl PSC limits established for the Amendment 80 sector are then further established for Amendment 80 cooperatives as PSC cooperative quota as listed in Table 12. Two Amendment 80 cooperatives have formed for the 2017 fishing year. Because all Amendment 80 vessels are part of a cooperative, no allocation to the Amendment 80 limited access sector is required. NMFS will post 2017 Amendment 80 cooperative allocations on the Alaska Region Web site at https:// alaskafisheries.noaa.gov prior to the start of the fishing year on January 1, 2017, based on the harvest specifications effective on that date. The 2018 PSC limit allocations between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until eligible participants apply for participation in the program by November 1, 2017. NMFS will post 2018 Amendment 80 cooperatives and Amendment 80 limited access allocations on the Alaska Region Web site at https://alaska fisheries.noaa.gov prior to the start of the fishing year on January 1, 2018, based on the harvest specifications effective on that date. Section 679.21(b)(2) and (e)(5) authorizes NMFS, after consulting with the Council, to establish seasonal apportionments of PSC amounts for the BSAI trawl limited access and Amendment 80 limited access sectors to maximize the ability of the fleet to harvest the available groundfish TAC and to minimize bycatch. The factors considered are (1) seasonal distribution of prohibited species, (2) seasonal distribution of target groundfish species, (3) PSC bycatch needs on a seasonal basis relevant to prohibited species biomass, (4) expected variations in bycatch rates throughout the year, (5) expected changes in directed groundfish fishing seasons, (6) expected start of fishing effort, and (7) economic effects of seasonal PSC apportionments on industry sectors. The Council recommended and NMFS proposes the seasonal PSC apportionments in Table 10 to maximize harvest among gear types, fisheries, and seasons while minimizing bycatch of PSC based on the above criteria. TABLE 8—PROPOSED 2017 AND 2018 APPORTIONMENT OF PROHIBITED SPECIES CATCH ALLOWANCES TO NON-TRAWL GEAR, THE CDQ PROGRAM, AMENDMENT 80, AND THE BSAI TRAWL LIMITED ACCESS SECTORS Non-trawl PSC PSC species and area 1 Halibut mortality (mt) BSAI ...................... Herring (mt) BSAI .................................... Red king crab (animals) Zone 1 .............. C. opilio (animals) COBLZ ....................... C. bairdi crab (animals) Zone 1 ............... C. bairdi crab (animals) Zone 2 ............... Trawl PSC remaining after CDQ PSQ Total trawl PSC 710 n/a n/a n/a n/a n/a 2,805 2,631 97,000 9,105,477 830,000 2,070,000 n/a n/a 86,621 8,131,191 741,190 1,848,510 CDQ PSQ reserve 2 315 n/a 10,379 974,286 88,810 221,490 Amendment 80 sector 1,745 n/a 43,293 3,996,480 312,115 437,542 BSAI trawl limited access fishery 745 n/a 26,489 2,613,365 348,285 865,288 1 Refer 2 The to § 679.2 for definitions of zones. PSQ reserve for crab species is 10.7 percent of each crab PSC limit. TABLE 9—PROPOSED 2017 AND 2018 HERRING AND RED KING CRAB SAVINGS SUBAREA PROHIBITED SPECIES CATCH ALLOWANCES FOR ALL TRAWL SECTORS Herring (mt) BSAI Fishery categories Red king crab (animals) Zone 1 Yellowfin sole ........................................................................................................................................................... Rock sole/flathead sole/other flatfish 1 .................................................................................................................... Greenland turbot/arrowtooth flounder/Kamchatka flounder/sablefish ..................................................................... Rockfish ................................................................................................................................................................... Pacific cod ............................................................................................................................................................... Midwater trawl pollock ............................................................................................................................................. Pollock/Atka mackerel/other species 2 3 ................................................................................................................... Red king crab savings subarea non-pelagic trawl gear 4 ........................................................................................ 179 29 19 13 40 2,151 199 n/a n/a n/a n/a n/a n/a n/a n/a 24,250 Total trawl PSC ................................................................................................................................................ 2,631 97,000 mstockstill on DSK3G9T082PROD with PROPOSALS 1 ‘‘Other flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole. 2 Pollock other than midwater trawl pollock, Atka mackerel, and ‘‘other species’’ fishery category. 3 ‘‘Other species’’ for PSC monitoring includes sculpins, sharks, skates, squids, and octopuses. 4 In October 2016 the Council recommended that the red king crab bycatch limit for non-pelagic trawl fisheries within the RKCSS be limited to 25 percent of the red king crab PSC allowance (see § 679.21(e)(3)(ii)(B)(2)). Note: Species apportionments may not total precisely due to rounding. VerDate Sep<11>2014 17:00 Dec 05, 2016 Jkt 241001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\06DEP1.SGM 06DEP1 87875 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules TABLE 10–PROPOSED 2017 AND 2018 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL LIMITED ACCESS SECTOR Prohibited species and area 1 BSAI trawl limited access fisheries Halibut mortality (mt) BSAI Red king crab (animals) Zone 1 C. opilio (animals) COBLZ C. bairdi (animals) Zone 1 Zone 2 Yellowfin sole ....................................................................... Rock sole/flathead sole/other flatfish 2 ................................. Greenland turbot/arrowtooth flounder/Kamchatka flounder/ sablefish ........................................................................... Rockfish April 15–December 31 .......................................... Pacific cod ............................................................................ Pollock/Atka mackerel/other species 3 ................................. 150 0 23,338 0 2,463,587 ........................ 293,234 0 826,258 0 4 391 200 0 0 2,954 197 ........................ 4,069 105,008 40,701 0 0 50,816 4,235 697 34,848 3,485 Total BSAI trawl limited access PSC ........................... 745 26,489 2,613,365 348,285 865,288 1 Refer to § 679.2 for definitions of areas. flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole. 3 ‘‘Other species’’ for PSC monitoring includes sculpins, sharks, skates, squids, and octopuses. Note: Species apportionments may not total precisely due to rounding. 2 ‘‘Other TABLE 11—PROPOSED 2017 AND 2018 HALIBUT PROHIBITED SPECIES BYCATCH ALLOWANCES FOR NON-TRAWL FISHERIES Halibut mortality (mt) BSAI Catcher/ processor Non-trawl fisheries Seasons Catcher vessel All non-trawl Pacific cod ...................................................... Non-Pacific cod non-trawl—Total ................... Groundfish pot and jig .................................... Sablefish hook-and-line .................................. Annual Pacific cod ......................................... January 1–June 10 ..................................... June 10–August 15 .................................... August 15–December 31 ............................ May 1–December 31 .................................. n/a .................................................................. n/a .................................................................. 648 388 162 98 n/a n/a n/a 13 9 2 2 n/a n/a n/a n/a n/a n/a n/a 49 Exempt Exempt Total for all non-trawl PSC ...................... n/a .................................................................. n/a n/a 710 TABLE 12—PROPOSED 2017 PROHIBITED SPECIES BYCATCH ALLOWANCE FOR THE BSAI AMENDMENT 80 COOPERATIVES Prohibited species and zones 1 Cooperative Halibut mortality (mt) BSAI Red king crab (animals) Zone 1 C. opilio (animals) COBLZ C. bairdi (animals) Zone 1 Zone 2 Alaska Groundfish Cooperative ........................................... Alaska Seafood Cooperative ............................................... 474 1,271 12,459 30,834 1,258,109 2,738,371 82,136 229,979 112,839 324,703 Total .............................................................................. 1,745 43,293 3,996,480 312,115 437,542 1 Refer to § 679.2 for definitions of zones. mstockstill on DSK3G9T082PROD with PROPOSALS Halibut Discard Mortality Rates (DMRs) To monitor halibut bycatch mortality allowances and apportionments, the Regional Administrator uses observed halibut incidental catch rates, halibut discard mortality rates (DMRs), and estimates of groundfish catch to project when a fishery’s halibut bycatch mortality allowance or seasonal apportionment is reached. Halibut incidental catch rates are based on observers’ estimates of halibut incidental catch in the groundfish fishery. DMRs are estimates of the proportion of incidentally caught VerDate Sep<11>2014 17:00 Dec 05, 2016 Jkt 241001 halibut that do not survive after being returned to the sea. The cumulative halibut mortality that accrues to a particular halibut PSC limit is the product of a DMR multiplied by the estimated halibut PSC. DMRs are estimated using the best information available in conjunction with the annual BSAI stock assessment process. The DMR methodology and findings are included as an appendix to the annual BSAI groundfish SAFE report. Historically, DMRs consisted of longterm averages of annual DMRs within target fisheries that were defined by management area, CDQ, gear, and target PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 species. Since the late 1990s, halibut DMRs were calculated by the International Pacific Halibut Commission (IPHC), which then provided the estimates to the NMFS for application in managing halibut bycatch limits. DMRs specified through the Council process and used for catch accounting by NMFS have consisted of long-term averages of annual estimates within target fisheries that are defined by management area, CDQ, gear, and target species. Long-term averages are taken from annual estimates for the most recent ten-year period with the number of years with data to support E:\FR\FM\06DEP1.SGM 06DEP1 87876 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules annual DMR estimates varying among fisheries. Fishery-specific DMRs, once calculated, have generally been put in place for three-year increments. NMFS proposes to revise methods for estimating DMRs consistent with those methods developed by the halibut DMR working group and recommended by the Council at its October 2016 meeting. NMFS proposes for the 2017 and 2018 BSAI groundfish harvest specifications revised DMRs consistent with modified DMR estimation methodology. The proposed change will make the DMR process transparent, transferable, and allow for review by all agencies/entities involved. The Alaska Region will program the revised DMRs into its groundfish catch accounting system to monitor the 2017 and 2018 halibut bycatch allowances (see Tables 8, 10, 11, and 12). The DMRs proposed for 2017 and 2018 BSAI groundfish harvest specifications reflect an ongoing effort by the Council to improve the estimation of DMRs in the Alaska groundfish fisheries. The halibut DMR working group, consisting of the IPHC, Council, and NMFS Alaska Region staff, recommended the following broad changes to the DMR estimation method: Implementation of sampling design consistent with sampling protocols used under the Observer Restructuring Program; categorization of data of halibut viability based on vessel operations (sorting and handling practices, gear type, and processing sector) rather than target fisheries; and revision of reference timeframes to obtain estimates that are more responsive to changes in how the groundfish fisheries are observed and managed. These recommendations, and others, are described below. • Incorporate CDQ with non-CDQ in the calculation of the DMRs instead of the currently specified DMRs, which calculate DMRs separately for CDQ and non-CDQ. Regulations allow assignment of CDQ status to a haul up to two hours after completion of gear retrieval. Most vessels fishing under the CDQ program also participate in the non-CDQ fisheries. The size of the haul, fishing operations, and catch-handling process do not tend to differ compared to the non-CDQ fisheries. For this reason, CDQ is not a recommended aggregation factor for estimating DMRs under the revised estimation method. • Revise the DMR estimation methodology for consistency with the sampling protocols instituted in 2013 through the restructured Observer Program. The Observer Program randomizes sampling of fishing trips within operational groupings, sampling of hauls within fishing trips, and sampling of biological data within hauls. Basing halibut DMR estimation on a sampling design consistent with Observer Program sampling protocols should reduce the potential for sampling bias, improve data on operational causes of variation in postcapture halibut viability, and promote the ability for NMFS to make timely improvements to halibut DMR estimation in the future. • Incorporate the use of vessel operations into DMR estimation methodology. This incorporates data about the viability (likelihood to survive) of discarded halibut into DMR calculations. Data based on different vessel operational categories, such as sorting practices, handling practices, gear type, and processing sectors (i.e. CVs, CPs, and CVs delivering to motherships), provide better information on halibut viability. NMFS expects that incorporating this information into the DMR estimation methodology will yield a more precise estimate of actual mortality. • Remove the use of target fishery. Fishery targets do not necessarily characterize statistical and/or vessel operational differences in the sampling or handling of halibut PSC. Using fishery target aggregations may have reduced the quality of DMR estimates due to small sample sizes or by combining vessel operations with very important differences in sampling and handling characteristics. • Change the reference time-frame for DMR calculations. Rather than using 10- year average rates, the revised methodology estimates DMRs based on initial 3-year average rates. Using 2013 as the starting year is more responsive to, and better aligns DMR calculation methodology with, the 2013 restructured Observer Program’s sampling protocols. Using 2013 as the base year, NMFS and the Council will evaluate the time frame each year. Evaluating the time frame each year will enable NMFS and the Council to update the methodology and the halibut DMRs based on the best available information. The working group’s discussion paper also included a comparison of the total amount of halibut mortality that accrues using current DMRs versus the working group’s recommended DMRs. Calculating the 2015 halibut mortality using specified DMRs yielded 2,312 mt of halibut mortality, whereas using the recommended DMRs yielded 2,299 mt of halibut morality (a less than onepercent decrease). Calculating the 2016 halibut mortality (through September 2016) yielded 1,701 mt of halibut mortality, versus 1,663 mt of halibut mortality when applying the recommended DMRs (a two percent decrease). These proposed estimation methods, and recommendations for 2017 and 2018 halibut DMRs, were presented to the Plan Team in September 2016. The Plan Team concurred with the revised methodology, as well as the working group’s halibut DMR recommendations for 2017 and 2018. The Council agreed with these recommendations at the Council’s October 2016 meeting. Additionally, in April 2016 the SSC reviewed the methodology and made a number of suggestions for improving and refining it. The working group has incorporated those suggestions into its DMR estimation methodology. The working group’s discussion of the revised halibut DMR methodology, including the comparative assessment, is available from the Council (see ADDRESSES). Table 13 lists the proposed 2017 and 2018 DMRs. TABLE 13—PROPOSED 2017 AND 2018 PACIFIC HALIBUT DISCARD MORTALITY RATES FOR THE BSAI mstockstill on DSK3G9T082PROD with PROPOSALS Gear Sector Pelagic trawl ............................................ Non-pelagic trawl ..................................... Non-pelagic trawl ..................................... Hook-and-line .......................................... Hook-and-line .......................................... Pot ........................................................... All ............................................................. Catcher/Processor and Mothership ......... Catcher vessel ......................................... Catcher vessel ......................................... Catcher/Processor ................................... All ............................................................. VerDate Sep<11>2014 17:00 Dec 05, 2016 Jkt 241001 PO 00000 Frm 00028 Fmt 4702 Groundfish fishery Sfmt 4702 All All All All All All ............................................................. ............................................................. ............................................................. ............................................................. ............................................................. ............................................................. E:\FR\FM\06DEP1.SGM 06DEP1 Halibut discard mortality rate (percent) 100 85 52 13 8 5 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules Listed AFA Catcher/Processor Sideboard Limits Pursuant to § 679.64(a), the Regional Administrator is responsible for restricting the ability of listed AFA catcher/processors to engage in directed fishing for groundfish species other than pollock, to protect participants in other groundfish fisheries from adverse effects resulting from the AFA and from fishery cooperatives in the directed pollock fishery. These restrictions are set out as ‘‘sideboard’’ limits on catch. The basis for these proposed sideboard limits is described in detail in the final rules implementing the major provisions of the AFA (67 FR 79692, December 30, 2002) and Amendment 80 (72 FR 52668, September 14, 2007). Table 14 lists the proposed 2017 and 2018 catcher/ processor sideboard limits. 87877 All harvests of groundfish sideboard species by listed AFA catcher/ processors, whether as targeted catch or incidental catch, will be deducted from the sideboard limits in Table 14. However, groundfish sideboard species that are delivered to listed AFA catcher/ processors by catcher vessels will not be deducted from the 2017 and 2018 sideboard limits for the listed AFA catcher/processors. TABLE 14—PROPOSED 2017 AND 2018 BSAI GROUNDFISH SIDEBOARD LIMITS FOR LISTED AMERICAN FISHERIES ACT CATCHER/PROCESSORS (C/PS) [Amounts are in metric tons] 1995–1997 Target species Area Retained catch Sablefish trawl ..................... Greenland turbot ................. Arrowtooth flounder ............. Kamchatka flounder ............ Rock sole ............................ Flathead sole ...................... Alaska plaice ....................... Other flatfish ........................ Pacific ocean perch ............ Northern rockfish ................. Rougheye rockfish .............. Shortraker rockfish .............. Other rockfish ...................... Atka mackerel ..................... Skates ................................. Sculpins ............................... Sharks ................................. Squids ................................. Octopuses ........................... BS ....................................... AI ........................................ BS ....................................... AI ........................................ BSAI ................................... BSAI ................................... BSAI ................................... BSAI ................................... BSAI ................................... BSAI ................................... BS ....................................... Eastern AI .......................... Central AI ........................... Western AI ......................... BSAI ................................... EBS/EAI ............................. CAI/WAI .............................. BSAI ................................... BS ....................................... AI ........................................ Central AI ........................... A season 2 .......................... B season 2 .......................... Western AI ......................... A season 2 .......................... B season 2 .......................... BSAI ................................... BSAI ................................... BSAI ................................... BSAI ................................... BSAI ................................... Total catch 8 0 121 23 76 76 6,317 1,925 14 3,058 12 125 3 54 91 50 50 50 18 22 n/a n/a n/a n/a n/a n/a 553 553 553 73 553 Ratio of retained catch to total catch 2017 and 2018 ITAC available to all trawl C/Ps 1 2017 and 2018 AFA C/P sideboard limit 0.016 0 0.007 0.005 0.002 0.002 0.037 0.036 0.001 0.058 0.002 0.02 0.001 0.004 0.007 0.018 0.018 0.018 0.029 0.027 0.115 0.115 0.115 0.2 0.2 0.2 0.008 0.008 0.008 0.022 0.008 447 302 2,272 170 11,900 4,250 50,990 18,753 12,325 2,125 6,760 6,731 6,251 8,037 3,825 85 170 170 276 468 14,288 7,144 7,144 9,377 4,689 4,689 22,100 3,825 106 1,275 340 7 0 16 1 24 9 1,887 675 12 123 14 135 6 32 27 2 3 3 8 13 1,643 822 822 1,875 938 938 177 31 1 28 3 497 145 17,305 4,987 33,987 33,987 169,362 52,755 9,438 52,298 4,879 6,179 5,698 13,598 13,040 2,811 2,811 2,811 621 806 n/a n/a n/a n/a n/a n/a 68,672 68,672 68,672 3,328 68,672 mstockstill on DSK3G9T082PROD with PROPOSALS 1 Aleutians Islands Pacific ocean perch, and BSAI Atka mackerel, flathead sole, rock sole, and yellowfin sole are multiplied by the remainder of the TAC after the subtraction of the CDQ reserve under § 679.20(b)(1)(ii)(C). 2 The seasonal apportionment of Atka mackerel in the open access fishery is 50 percent in the A season and 50 percent in the B season. Listed AFA catcher/processors are limited to harvesting no more than zero in the Eastern Aleutian District and Bering Sea subarea, 20 percent of the annual ITAC specified for the Western Aleutian District, and 11.5 percent of the annual ITAC specified for the Central Aleutian District. Note: Section 679.64(a)(1)(v) exempts AFA catcher/processors from a yellowfin sole sideboard limit because the 2017 and 2018 aggregate ITAC of yellowfin sole assigned to the Amendment 80 sector and BSAI trawl limited access sector is greater than 125,000 mt. Section 679.64(a)(2) and Tables 40 and 41 to 50 CFR part 679 establish a formula for calculating PSC sideboard limits for listed AFA catcher/processors. The basis for these sideboard limits is described in detail in the final rules implementing the major provisions of the AFA (67 FR 79692, December 30, 2002) and Amendment 80 (72 FR 52668, September 14, 2007). VerDate Sep<11>2014 17:00 Dec 05, 2016 Jkt 241001 PSC species listed in Table 15 that are caught by listed AFA catcher/processors participating in any groundfish fishery other than pollock will accrue against the proposed 2017 and 2018 PSC sideboard limits for the listed AFA catcher/processors. Section 679.21(b)(4)(iii) and (e)(3)(v) authorizes NMFS to close directed fishing for groundfish other than pollock for listed AFA catcher/processors once a PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 proposed 2017 or 2018 PSC sideboard limit listed in Table 15 is reached. Crab or halibut PSC caught by listed AFA catcher/processors while fishing for pollock will accrue against the PSC allowances annually specified for either the midwater pollock or the pollock/ Atka mackerel/‘‘other species’’ fishery categories, according to § 679.21(b)(1)(ii)(B) and § 679.21(e)(3)(iv). E:\FR\FM\06DEP1.SGM 06DEP1 87878 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules TABLE 15—PROPOSED 2017 AND 2018 BSAI PROHIBITED SPECIES SIDEBOARD LIMITS FOR AMERICAN FISHERIES ACT LISTED CATCHER/PROCESSORS PSC species and Ratio of PSC to total PSC area 1 BSAI Halibut mortality .................................................................................................................. Red king crab Zone 1 .................................................................................................................. C. opilio (COBLZ) ........................................................................................................................ C. bairdi ....................................................................................................................................... Zone 1 .................................................................................................................................. Zone 2 .................................................................................................................................. 1 Refer n/a 0.007 0.153 n/a 0.14 0.05 Proposed 2017 and 2018 PSC available to trawl vessels after subtraction of PSQ 2 n/a 86,621 8,131,191 n/a 741,190 1,848,510 Proposed 2017 and 2018 C/P sideboard limit 2 286 606 1,224,072 n/a 103,767 92,426 to § 679.2 for definitions of areas. amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals. 2 Halibut AFA Catcher Vessel Sideboard Limits Pursuant to § 679.64(b), the Regional Administrator is responsible for restricting the ability of AFA catcher vessels to engage in directed fishing for groundfish species other than pollock to protect participants in other groundfish fisheries from adverse effects resulting from the AFA and from fishery cooperatives in the directed pollock fishery. Section 679.64(b) establishes formulas for setting AFA catcher vessel groundfish and PSC sideboard limits for the BSAI. The basis for these sideboard limits is described in detail in the final rules implementing the major provisions of the AFA (67 FR 79692, December 30, 2002) and Amendment 80 (72 FR 52668, September 14, 2007). Tables 16 and 17 list the proposed 2017 and 2018 AFA catcher vessel sideboard limits. All catch of groundfish sideboard species made by non-exempt AFA catcher vessels, whether as targeted catch or as incidental catch, will be deducted from the 2017 and 2018 sideboard limits listed in Table 16. TABLE 16—PROPOSED 2017 AND 2018 BSAI GROUNDFISH SIDEBOARD LIMITS FOR AMERICAN FISHERIES ACT CATCHER VESSELS (CVS) [Amounts are in metric tons] Species Fishery by area/gear/season Pacific cod ....................................................... BSAI ............................................................... Jig gear .......................................................... Hook-and-line CV ........................................... Jan 1–Jun 10 ................................................. Jun 10–Dec 31 ............................................... Pot gear CV ................................................... Jan 1–Jun 10 ................................................. Sept 1–Dec 31 ............................................... CV <60 ft LOA using hook-and-line or pot gear. Trawl gear CV ................................................ Jan 20–Apr 1 .................................................. Apr 1–Jun 10 .................................................. Jun 10–Nov 1 ................................................. BS trawl gear ................................................. AI trawl gear ................................................... BS ................................................................... AI .................................................................... BSAI ............................................................... BSAI ............................................................... BSAI ............................................................... BS trawl gear ................................................. BSAI ............................................................... BSAI ............................................................... BS ................................................................... Eastern AI ...................................................... Central AI ....................................................... Western AI ..................................................... BSAI ............................................................... EBS/EAI ......................................................... CAI/WAI .......................................................... BSAI ............................................................... BS ................................................................... AI .................................................................... Eastern AI/BS ................................................. Jan 1–Jun 10 ................................................. Sablefish ......................................................... Greenland turbot ............................................. mstockstill on DSK3G9T082PROD with PROPOSALS Arrowtooth flounder ......................................... Kamchatka flounder ........................................ Rock sole ........................................................ Flathead sole .................................................. Alaska plaice ................................................... Other flatfish .................................................... Pacific ocean perch ........................................ Northern rockfish ............................................. Rougheye rockfish .......................................... Shortraker rockfish .......................................... Other rockfish .................................................. Atka mackerel ................................................. VerDate Sep<11>2014 17:00 Dec 05, 2016 Jkt 241001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 Ratio of 1995–1997 AFA CV catch to 1995–1997 TAC 2017 and 2018 initial TAC 1 2017 and 2018 AFA catcher vessel sideboard limits n/a 0 n/a 0.0006 0.0006 n/a 0.0006 0.0006 0.0006 n/a 3,144 n/a 228 219 n/a 9,587 9,211 4,476 n/a 0 n/a 0 0 n/a 6 6 3 n/a 0.8609 0.8609 0.8609 0.0906 0.0645 0.0645 0.0205 0.069 0.069 0.0341 0.0505 0.0441 0.0441 0.1 0.0077 0.0025 0 0.0084 0.0037 0.0037 0.0037 0.0048 0.0095 n/a 0.0032 n/a 36,732 5,460 7,446 447 302 2,272 170 11,900 4,250 50,990 18,753 12,325 2,125 6,760 6,731 6,251 8,037 3,825 85 170 170 276 468 25,451 12,726 n/a 31,623 4,701 6,410 40 19 147 3 821 293 1,739 947 544 94 676 52 16 0 32 0 1 1 1 4 n/a 41 E:\FR\FM\06DEP1.SGM 06DEP1 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules 87879 TABLE 16—PROPOSED 2017 AND 2018 BSAI GROUNDFISH SIDEBOARD LIMITS FOR AMERICAN FISHERIES ACT CATCHER VESSELS (CVS)—Continued [Amounts are in metric tons] Species Fishery by area/gear/season Skates ............................................................. Sculpins ........................................................... Sharks ............................................................. Squids ............................................................. Octopuses ....................................................... Jun 10–Nov 1 ................................................. Central AI ....................................................... Jan 1–Jun 10 ................................................. Jun 10–Nov 1 ................................................. Western AI ..................................................... Jan 1–Jun 10 ................................................. Jun 10–Nov 1 ................................................. BSAI ............................................................... BSAI ............................................................... BSAI ............................................................... BSAI ............................................................... BSAI ............................................................... Ratio of 1995–1997 AFA CV catch to 1995–1997 TAC 0.0032 n/a 0.0001 0.0001 n/a 0 0 0.0541 0.0541 0.0541 0.3827 0.0541 2017 and 2018 initial TAC 1 12,726 14,288 7,144 7,144 9,377 4,689 4,689 22,100 3,825 106 1,275 340 2017 and 2018 AFA catcher vessel sideboard limits 41 n/a 1 1 n/a 0 0 1,196 207 6 488 18 1 Aleutians Islands Pacific ocean perch, Atka mackerel, flathead sole, rock sole, and yellowfin sole are multiplied by the remainder of the TAC of that species after the subtraction of the CDQ reserve under § 679.20(b)(1)(ii)(C). Note: Section 679.64(b)(6) exempts AFA catcher vessels from a yellowfin sole sideboard limit because the 2017 and 2018 aggregate ITAC of yellowfin sole assigned to the Amendment 80 sector and BSAI trawl limited access sector is greater than 125,000 mt. Halibut and crab PSC limits listed in Table 17 that are caught by AFA catcher vessels participating in any groundfish fishery other than pollock will accrue against the 2017 and 2018 PSC sideboard limits for the AFA catcher vessels. Section 679.21(b)(4)(iii), (e)(7), and (e)(3)(v) authorizes NMFS to close directed fishing for groundfish other than pollock for AFA catcher vessels once a proposed 2017 and 2018 PSC sideboard limit listed in Table 17 is reached. The PSC that is caught by AFA catcher vessels while fishing for pollock in the Bering Sea subarea will accrue against the bycatch allowances annually specified for either the midwater pollock or the pollock/Atka mackerel/ ‘‘other species’’ fishery categories under § 679.21(b)(1)(ii)(B) and § 679.21(e)(3)(iv). TABLE 17—PROPOSED 2017 AND 2018 AMERICAN FISHERIES ACT CATCHER VESSEL PROHIBITED SPECIES CATCH SIDEBOARD LIMITS FOR THE BSAI 1 AFA catcher vessel PSC sideboard limit ratio PSC species and area 1 Target fishery category 2 Halibut ..................................... Pacific cod trawl ..................................................................... Pacific cod hook-and-line or pot ............................................ Yellowfin sole total ................................................................. Rock sole/flathead sole/other flatfish 4 ................................... Greenland turbot/arrowtooth/Kamchatka flounder/sablefish .. Rockfish .................................................................................. Pollock/Atka mackerel/other species 5 ................................... n/a ........................................................................................... n/a ........................................................................................... n/a ........................................................................................... n/a ........................................................................................... Red king crab Zone 1 ............. C. opilio COBLZ ...................... C. bairdi Zone 1 ...................... C. bairdi Zone 2 ...................... n/a n/a n/a n/a n/a n/a n/a 0.299 0.168 0.33 0.186 Proposed 2017 and 2018 PSC limit after subtraction of PSQ reserves 3 n/a n/a n/a n/a n/a n/a n/a 86,621 8,131,191 741,190 1,848,510 Proposed 2017 and 2018 AFA catcher vessel PSC sideboard limit 3 887 2 101 228 0 2 5 25,900 1,366,040 244,593 343,823 1 Refer to § 679.2 for definitions of areas. fishery categories are defined at § 679.21(b)(1)(ii)(B). 3 Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals. 4 ‘‘Other flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), arrowtooth flounder, flathead sole, Greenland turbot, rock sole, and yellowfin sole. 5 ‘‘Other species’’ for PSC monitoring includes skates, sculpins, sharks, and octopuses. 2 Target mstockstill on DSK3G9T082PROD with PROPOSALS Classification NMFS has determined that the proposed harvest specifications are consistent with the FMP and preliminarily determined that the proposed harvest specifications are consistent with the Magnuson-Stevens Act and other applicable laws, and VerDate Sep<11>2014 17:00 Dec 05, 2016 Jkt 241001 subject to further review after public comment. This action is authorized under 50 CFR 679.20 and is exempt from review under Executive Orders 12866 and 13563. NMFS prepared an EIS for this action and made it available to the public on January 12, 2007 (72 FR 1512). On February 13, 2007, NMFS issued the PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 Record of Decision (ROD) for the Final EIS. A Supplemental Information Report (SIR) that assesses the need to prepare a Supplemental EIS is being prepared for the final action. Copies of the Final EIS, ROD, and SIR for this action are available from NMFS (see ADDRESSES). The Final EIS analyzes the environmental consequences of the proposed groundfish harvest E:\FR\FM\06DEP1.SGM 06DEP1 mstockstill on DSK3G9T082PROD with PROPOSALS 87880 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules specifications and alternative harvest strategies on resources in the action area. The Final 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 (RFA), analyzing the methodology for establishing the relevant TACs. The IRFA evaluates the impacts on small entities of alternative harvest strategies for the groundfish fisheries in the exclusive economic zone off Alaska. As set forth in the methodology, TACs are set to a level that falls within the range of ABCs recommended by the SSC; the sum of the TACs must achieve 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 BSAI. The preferred alternative is the existing harvest strategy in which TACs fall within the range of ABCs recommended by the SSC, but, as discussed below, NMFS considered other alternatives. This action is taken in accordance with the FMP prepared by the Council pursuant to the Magnuson-Stevens Act. The entities directly regulated by this action are those that harvest groundfish in the exclusive economic zone of the BSAI and in parallel fisheries within State waters. These include entities operating catcher vessels and catcher/ processors within the action area and entities receiving direct allocations of groundfish. For RFA purposes only, NMFS has established a small business size standard for businesses, including their affiliates, whose primary industry is commercial fishing (see 50 CFR 200.2). A business primarily engaged in commercial fishing (NAICS code 11411) is classified as a small business if it is independently owned and operated, is not dominant in its field of operation (including its affiliates), and has combined annual receipts not in excess of $11 million for all its affiliated operations worldwide. The estimated directly regulated small entities in 2015 include approximately 152 catcher vessels, four catcher/ processors, and six CDQ groups. Some of these vessels are members of AFA VerDate Sep<11>2014 17:00 Dec 05, 2016 Jkt 241001 inshore pollock cooperatives, Gulf of Alaska rockfish cooperatives, or BSAI Crab Rationalization Program cooperatives, and, since under the RFA it is the aggregate gross receipts of all participating members of the cooperative that must meet the ‘‘under $11 million’’ threshold, they are considered to be large entities within the meaning of the RFA. Thus, the estimate of 152 catcher vessels may be an overstatement of the number of small entities. Average gross revenues were $520,000 for small hook-and-line vessels, $1.29 million for small pot vessels, and $2.99 million for small trawl vessels. Revenue data for catcher/ processors is confidential; however, in 2015, NMFS estimates that there were four catcher/processor small entities with gross receipts less than $11 million. 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 BSAI OY, in which case TACs would have been limited to the OY. Alternative 3 would have set TACs to produce fishing rates equal to the most recent 5-year average fishing rates. Alternative 4 would have set TACs equal to the lower limit of the BSAI 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 2016, as per Alternative 2. OFLs and ABCs for the species were based on recommendations prepared by the Council’s BSAI Groundfish Plan Team in September 2016, and reviewed and modified by the Council’s SSC in October 2016. 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 BSAI OY of two million mt. As shown in Table 1 of the preamble, the sum of ABCs in 2017 and 2018 would be about 3,128,135 mt, which falls above the upper bound of the OY range. The sum of TACs is equal to 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. Alternative 3 selects harvest rates based on the most recent 5 years of PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 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. NMFS annually conducts at-sea stock surveys for different species, as well as statistical modeling, to estimate stock sizes and permissible harvest levels. Actual harvest rates or harvest amounts are a component of these estimates, but in and of themselves may not accurately portray stock sizes and conditions. Harvest rates are listed for each species category for each year in the SAFE report (see ADDRESSES). Alternative 4 would lead to significantly lower harvests of all species and reduce TACs from the upper end of the OY range in the BSAI, to its lower end of 1.4 million mt. Overall, this would reduce 2017 TACs by about 30 percent, which would lead to significant reductions in harvests of species by small entities. While reductions of this size would be associated with offsetting price increases, the size of these increases is very uncertain. While production declines in the BSAI would undoubtedly be associated with significant price increases in the BSAI, these increases would still be constrained by production of substitutes, and are very unlikely to offset revenue declines from smaller production. Thus, this alternative action would have a detrimental impact on small entities. Alternative 5, which sets all harvests equal to zero, would have a significant adverse 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 proposed harvest specifications extend the current 2017 OFLs, ABCs, and TACs to 2017 and 2018. As noted in the IRFA, the Council may modify these OFLs, ABCs, and TACs in December 2016, when it reviews the November 2016 SAFE report from its groundfish Plan Team, and the December Council meeting reports of its SSC and AP. Because 2017 TACs in the proposed 2017 and 2018 harvest specifications are unchanged from the 2017 harvest specification TACs, NMFS does not expect adverse impacts on small entities. Also, NMFS does not expect any changes made by the Council in December 2016 to be large enough to have an impact on small entities. E:\FR\FM\06DEP1.SGM 06DEP1 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Proposed Rules This action does not modify recordkeeping or reporting requirements, or duplicate, overlap, or conflict with any Federal rules. Adverse impacts on marine mammals resulting from fishing activities conducted under these harvest specifications are discussed in the Final EIS (see ADDRESSES), and in the 2016 SIR (https://alaskafisheries.noaa.gov/ sites/default/files/sir-2016-17.pdf). 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 30, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2016–29152 Filed 12–5–16; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 160920866–6999–01] RIN 0648–XE904 Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska; 2017 and 2018 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 2017 and 2018 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 2017 and 2018 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 5, 2017. ADDRESSES: You may submit comments on this document, identified by NOAA– mstockstill on DSK3G9T082PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 17:00 Dec 05, 2016 Jkt 241001 NMFS–2016–0127, by any one of the following methods: • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D= NOAA-NMFS-2016-0127, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. • Mail: Submit 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. Instructions: 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 by NMFS. 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), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). Electronic copies of the Alaska Groundfish Harvest Specifications Final Environmental Impact Statement (Final EIS), Record of Decision (ROD) for the Final EIS, Supplementary Information Report (SIR) to the Final 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://alaska fisheries.noaa.gov. The final 2015 Stock Assessment and Fishery Evaluation (SAFE) report for the groundfish resources of the GOA, dated November 2015, 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://www.npfmc.org. The draft 2016 SAFE report for the GOA will be 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. PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 87881 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) 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) (§ 679.20(a)(1)(i)(B)). Section 679.20(c)(1) further requires NMFS to publish and solicit public comment on proposed annual TACs, Pacific halibut prohibited species catch (PSC) limits, and seasonal allowances of pollock and Pacific cod. The proposed harvest specifications in Tables 1 through 19 of this document satisfy these requirements. For 2017 and 2018, the sum of the proposed TAC amounts is 573,872 mt. Under § 679.20(c)(3), NMFS will publish the final 2017 and 2018 harvest specifications after (1) considering comments received within the comment period (see DATES), (2) consulting with the Council at its December 2016 meeting, (3) considering information presented in the 2016 SIR that assesses the need to prepare a Supplemental EIS (see ADDRESSES), and (4) considering information presented in the final 2016 SAFE report prepared for the 2017 and 2018 groundfish fisheries. Other Actions Potentially Affecting the 2017 and 2018 Harvest Specifications Amendment 103: Chinook Salmon Prohibited Species Catch Limit Reapportionment Provisions for Trawl Sectors in the Western and Central GOA In December 2015, the Council recommended for Secretarial review Amendment 103 to the FMP to reapportion unused Chinook salmon PSC limits among the GOA pollock and non-pollock trawl sectors. Amendment 103 allows NMFS to reapportion the Chinook salmon PSC limits established by Amendments 93 and 97 to prevent or limit fishery closures due to attainment of sector-specific Chinook salmon PSC limits, while maintaining the annual, combined 32,500 Chinook salmon PSC limit for all sectors. The Secretary approved Amendment 103 on August 24, 2016. The final rule implementing Amendment 103 published on September 12, 2016, (81 FR 62659) and became effective on October 12, 2016. Amendment 101: Authorize Longline Pot Gear for Use in the Sablefish IFQ Fishery in the GOA NMFS issued a proposed rule to implement Amendment 101 to the FMP E:\FR\FM\06DEP1.SGM 06DEP1

Agencies

[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Proposed Rules]
[Pages 87863-87881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29152]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 161020985-6985-01]
RIN 0648-XE989

Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands; 2017 and 2018 Harvest Specifications for
Groundfish

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS proposes 2017 and 2018 harvest specifications,
apportionments, and prohibited species catch allowances for the
groundfish fisheries of the Bering Sea and Aleutian Islands (BSAI)
management area. This action is necessary to establish harvest limits
for groundfish during the 2017 and 2018 fishing years, and to
accomplish the goals and objectives of the Fishery Management Plan for
Groundfish of the Bering Sea and Aleutian Islands Management Area. The
intended effect of this action is to conserve and manage the groundfish
resources in the BSAI in accordance with the Magnuson-Stevens Fishery
Conservation and Management Act.

DATES: Comments must be received by January 5, 2017.

ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2016-0140, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0140, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit 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.
Instructions: 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 by NMFS. 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), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible. NMFS will accept anonymous comments (enter
``N/A'' in the required fields if you wish to remain anonymous).
Electronic copies of the Alaska Groundfish Harvest Specifications
Final Environmental Impact Statement (Final EIS), Record of Decision
(ROD), 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 2015
Stock Assessment and Fishery Evaluation (SAFE) report for the
groundfish resources of the BSAI, dated November 2015, is available
from the North Pacific Fishery Management Council (Council) at 605 West
4th Avenue, Suite 306, Anchorage, AK 99501-2252, phone 907-271-2809, or
from the Council's Web site at https://www.npfmc.org/. The draft 2016
SAFE report for the BSAI is available from the same source.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.

SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR part 679
implement the Fishery Management Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area (FMP) and govern the groundfish
fisheries in the BSAI. The Council prepared the FMP, and NMFS approved
it under the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act). General regulations governing U.S. fisheries
also appear at 50 CFR part 600.
The FMP and its implementing regulations require NMFS, after
consultation with the Council, to specify annually the total allowable
catch (TAC) for each target species category. The sum TAC for all
groundfish species must be within the optimum yield (OY) range of 1.4
million to 2.0 million metric tons (mt) (see Sec. 679.20(a)(1)(i)(A)).
Section 679.20(c)(1) further requires NMFS to publish proposed harvest
specifications in the Federal Register and solicit public comments on
proposed annual TACs and apportionments thereof, prohibited species
catch (PSC) allowances, prohibited species quota (PSQ) reserves
established by Sec. 679.21, seasonal allowances of pollock, Pacific
cod, and Atka mackerel TAC, American Fisheries Act allocations,
Amendment 80 allocations, and Community

[[Page 87864]]

Development Quota (CDQ) reserve amounts established by Sec.
679.20(b)(1)(ii). The proposed harvest specifications set forth in
Tables 1 through 17 of this action satisfy these requirements.
Under Sec. 679.20(c)(3), NMFS will publish the final harvest
specifications for 2017 and 2018 after (1) considering comments
received within the comment period (see DATES), (2) consulting with the
Council at its December 2016 meeting, (3) considering information
presented in the SIR that assesses the need to prepare a Supplemental
EIS (see ADDRESSES), and (4) considering information presented in the
final 2016 SAFE reports prepared for the 2017 and 2018 groundfish
fisheries.

Other Actions Affecting the 2017 and 2018 Harvest Specifications

The Alaska Board of Fisheries (BOF), a regulatory body for the
State of Alaska Department of Fish and Game (State), established a
guideline harvest level (GHL) in State waters between 164 and 167
degrees west longitude in the Bering Sea subarea (BS) equal to 6.4
percent of the Pacific cod acceptable biological catch (ABC) for the
BS. The Council recommends the proposed 2017 and 2018 Pacific cod TACs
to accommodate the State's GHLs for Pacific cod in State waters in the
BS. The Council and its BSAI Groundfish Plan Team (Plan Team),
Scientific and Statistical Committee (SSC), and Advisory Panel (AP)
recommended that the sum of all State and Federal water Pacific cod
removals from the BS not exceed the proposed ABC recommendations of
255,000 mt. Accordingly, the Council set the proposed 2017 and 2018
Pacific cod TACs in the BS to account for State GHLs.
For 2017 and 2018, the BOF established a GHL in State waters in the
Aleutian Islands subarea (AI) equal to 27 percent of the Pacific cod
ABC for the AI. The Council recommends the proposed 2017 and 2018
Pacific cod TACs to accommodate the State's GHLs for Pacific cod in
State waters in the AI. The Council and its Plan Team, SSC, and AP
recommended that the sum of all State and Federal water Pacific cod
removals from the AI not exceed the proposed ABC recommendations of
17,600 mt. Accordingly, the Council set the proposed 2017 and 2018
Pacific cod TACs in the AI to account for State GHLs.
In October 2015, the Council took final action to recommend for
Secretarial Review Amendment 113 to the BSAI FMP. NMFS published a
notice of availability for Amendment 113 on July 19, 2016 (81 FR
46883). The public comment period for the notice of availability on
Amendment 113 ended on September 19, 2016, and the Secretary approved
Amendment 113 on October 17, 2016. Amendment 113 sets aside a portion
of the Aleutian Islands Pacific cod TAC for catcher vessels that
directed fish for Aleutian Islands Pacific cod and then deliver the
catch to Aleutian Islands shoreplants for processing.
NMFS published a proposed rule to implement Amendment 113 on August
1, 2016, and accepted public comment through August 31, 2016 (81 FR
50444). If NMFS approves the final rule, in November 2016, NMFS expects
the authority to set aside Aleutian Islands Pacific cod for catcher
vessels delivering to Aleutian Islands shoreplants for processing would
be in effect by the beginning of the 2017 fisheries on January 1, 2017.
Amendment 111 to the FMP (81 FR 24714, April 27, 2016) became
effective May 27, 2016. Amendment 111 implemented BSAI halibut PSC
limit reductions for the trawl and non-trawl sectors. These amounts are
found in Table 8.
Amendment 110 to the FMP (81 FR 37534, June 10, 2016) became
effective July 11, 2016. Amendment 110 improves the management of
Chinook and chum salmon bycatch in the Bering Sea pollock fishery by
creating a comprehensive salmon bycatch avoidance program. Amendment
110 also changed the seasonal apportionments of the pollock TAC to
allow more pollock to be harvested earlier in the year when Chinook
salmon PSC use tends to be lower.

Proposed ABC and TAC Harvest Specifications

At the October 2016 Council meeting, the SSC, AP, and Council
reviewed the most recent biological and harvest information on the
condition of the BSAI groundfish stocks. The Council's Plan Team
compiled and presented this information, which was initially compiled
by the Plan Team and presented in the final 2015 SAFE report for the
BSAI groundfish fisheries, dated November 2015 (see ADDRESSES). The
amounts proposed for the 2017 and 2018 harvest specifications are based
on the 2015 SAFE report, and are subject to change in the final harvest
specifications to be published by NMFS following the Council's December
2016 meeting. In November 2016, the Plan Team updated the 2015 SAFE
report to include new information collected during 2016, such as NMFS
stock surveys, revised stock assessments, and catch data. At its
December 2016 meeting, the Council will consider information contained
in the final 2016 SAFE report, recommendations from the November 2016
Plan Team meeting, public testimony from the December 2016 SSC and AP
meetings, and relevant written comments in making its recommendations
for the final 2017 and 2018 harvest specifications.
In previous years, the OFLs and ABCs that have had the most
significant changes (relative to the amount of assessed tonnage of
fish) from the proposed to the final harvest specifications have been
for OFLs and ABCs that are based on the most recent NMFS stock surveys,
which provide updated estimates of stock biomass and spatial
distribution, and changes to the models used in the stock assessments.
These changes were recommended by the Plan Team in November 2016 and
are included in the final 2016 SAFE report. The final 2016 SAFE report
includes the most recent information, such as 2016 catch data. The
final harvest specification amounts for these stocks are not expected
to vary greatly from the proposed harvest specification amounts
published here.
If the final 2016 SAFE report indicates that the stock biomass
trend is increasing for a species, then the final 2017 and 2018 harvest
specifications may reflect an increase from the proposed harvest
specifications. Conversely, if the final 2016 SAFE report indicates
that the stock biomass trend is decreasing for a species, then the
final 2017 and 2018 harvest specifications may reflect a decrease from
the proposed harvest specifications. In addition to changes driven by
biomass trends, there may be changes in TACs due to the sum of ABCs
exceeding 2 million mt. Since the regulations require TACs to be set to
an OY between 1.4 and 2 million mt, the Council may be required to
recommend TACs that are lower than the ABCs recommended by the Plan
Team, if setting TACs equal to ABCs would cause TACs to exceed an OY of
2 million mt. Generally, ABCs greatly exceed 2 million mt in years with
a large pollock biomass. NMFS anticipates that, both for 2017 and 2018,
the sum of the ABCs will exceed 2 million mt. NMFS expects that the
final total TAC for the BSAI for both 2017 and 2018 will equal 2
million mt.
The proposed ABCs and TACs are based on the best available
biological and socioeconomic data, including projected biomass trends,
information on assumed distribution of stock biomass, and revised
technical methods used to calculate stock biomass. In general, the
development of ABCs and

[[Page 87865]]

OFLs involves statistical modeling of fish populations. The FMP
specifies a series of six tiers to define OFLs and ABCs based on the
level of reliable information available to fishery scientists. Tier 1
represents the highest level of information quality available, while
Tier 6 represents the lowest.
In October 2016, the SSC adopted the proposed 2017 and 2018 OFLs
and ABCs recommended by the Plan Team for all groundfish species. The
Council adopted the SSC's OFL and ABC recommendations. These amounts
are unchanged from the final 2017 harvest specifications published in
the Federal Register on March 18, 2016 (81 FR 14773). The Council
adopted the AP's TAC recommendations. For 2017 and 2018, 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 OFLs. The sum of the proposed 2017 and 2018 ABCs for all
assessed groundfish is 3,128,135 mt, which is the same as the final
2017 ABC total in the final 2016 and 2017 BSAI groundfish harvest
specifications (81 FR 14773, March 18, 2016).

Specification and Apportionment of TAC Amounts

The Council recommended proposed TACs for 2017 and 2018 that are
equal to proposed ABCs for Bering Sea Pacific ocean perch, Bering Sea
sablefish, AI sablefish, and eastern Aleutian Islands (EAI) Pacific
ocean perch. The Council recommended proposed TACs for 2017 and 2018
that are less than the proposed ABCs for Bering Sea pollock, AI ``other
rockfish,'' AI pollock, Bogoslof pollock, Bering Sea Pacific cod, AI
Pacific cod, yellowfin sole, Bering Sea Greenland turbot, AI Greenland
turbot, arrowtooth flounder, Kamchatka flounder, rock sole, flathead
sole, Alaska plaice, ``other flatfish,'' central Aleutian Islands (CAI)
Pacific ocean perch, western Aleutian Islands (WAI) Pacific ocean
perch, northern rockfish, eastern Bering Sea (EBS)/EAI rougheye
rockfish, CAI/WAI rougheye rockfish, shortraker rockfish, Bering Sea
``other rockfish,'' Bering Sea/EAI, CAI, and WAI Atka mackerel, skates,
sculpins, sharks, squids, and octopuses. Section
679.20(a)(5)(iii)(B)(1) requires the AI pollock TAC to be set at 19,000
mt when the AI pollock ABC equals or exceeds 19,000 mt. The Bogoslof
pollock TAC is set to accommodate incidental catch amounts. TACs are
set so that the sum of the overall TAC does not exceed the BSAI OY.
The proposed groundfish OFLs, ABCs, and TACs are subject to change
pending the completion of the final 2016 SAFE report and the Council's
recommendations for final 2017 and 2018 harvest specifications during
its December 2016 meeting. These proposed amounts are consistent with
the biological condition of groundfish stocks as described in the 2015
SAFE report, and have been adjusted for other biological and
socioeconomic considerations. 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.'' Table 1 lists the proposed
2017 and 2018 OFL, ABC, TAC, initial TAC (ITAC), and CDQ amounts for
groundfish for the BSAI. The proposed apportionment of TAC amounts
among fisheries and seasons is discussed below.

Table 1--Proposed 2017 and 2018 Overfishing Level (OFL), Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), and CDQ
Reserve Allocation of Groundfish in the BSAI\1\
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Proposed 2017 and 2018
Species Area -------------------------------------------------------------------------------
OFL ABC TAC ITAC \2\ CDQ 3 4
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock \4\............................... BS.......................... 3,540,000 2,019,000 1,340,643 1,206,579 134,064
AI.......................... 44,455 36,664 19,000 17,100 1,900
Bogoslof.................... 31,906 23,850 500 500 ..............
Pacific cod \5\........................... BS.......................... 412,000 255,000 238,680 213,141 25,539
AI.......................... 23,400 17,600 12,839 11,465 1,374
Sablefish................................. BS.......................... 1,241 1,052 1,052 447 39
AI.......................... 1,681 1,423 1,423 302 27
Yellowfin sole............................ BSAI........................ 219,200 203,500 144,000 128,592 15,408
Greenland turbot.......................... BSAI........................ 7,416 6,132 2,873 2,442 n/a
BS.......................... n/a 4,734 2,673 2,272 286
AI.......................... n/a 1,398 200 170 ..............
Arrowtooth flounder....................... BSAI........................ 84,156 72,216 14,000 11,900 1,498
Kamchatka flounder........................ BSAI........................ 11,700 10,000 5,000 4,250 ..............
Rock sole \6\............................. BSAI........................ 149,400 145,000 57,100 50,990 6,110
Flathead sole \7\......................... BSAI........................ 77,544 64,580 21,000 18,753 2,247
Alaska plaice............................. BSAI........................ 46,800 39,100 14,500 12,325 ..............
Other flatfish \8\........................ BSAI........................ 17,414 13,061 2,500 2,125 ..............
Pacific Ocean perch....................... BSAI........................ 38,589 31,724 31,490 27,779 n/a
BS.......................... n/a 7,953 7,953 6,760 ..............
EAI......................... n/a 7,537 7,537 6,731 806
CAI......................... n/a 7,002 7,000 6,251 749
WAI......................... n/a 9,232 9,000 8,037 963
Northern rockfish......................... BSAI........................ 14,085 11,468 4,500 3,825 ..............
Rougheye.................................. BSAI........................ 855 694 300 255 ..............
rockfish \9\.............................. EBS/EAI..................... n/a 216 100 85 ..............
CAI/WAI..................... n/a 478 200 170 ..............
Shortraker rockfish....................... BSAI........................ 690 518 200 170 ..............
Other rockfish \10\....................... BSAI........................ 1,667 1,250 875 744 ..............
BS.......................... n/a 695 325 276 ..............
AI.......................... n/a 555 550 468 ..............
Atka mackerel............................. BSAI........................ 99,490 85,840 55,000 49,115 5,885
EAI/BS...................... n/a 29,296 28,500 25,451 3,050

[[Page 87866]]

CAI......................... n/a 25,860 16,000 14,288 1,712
WAI......................... n/a 30,684 10,500 9,377 1,124
Skates.................................... BSAI........................ 47,674 39,943 26,000 22,100 ..............
Sculpins.................................. BSAI........................ 52,365 39,725 4,500 3,825 ..............
Sharks.................................... BSAI........................ 1,363 1,022 125 106 ..............
Squids.................................... BSAI........................ 6,912 5,184 1,500 1,275 ..............
Octopuses................................. BSAI........................ 3,452 2,589 400 340 ..............
-------------------------------------------------------------------------------
Total................................. ............................ 4,935,455 3,128,135 2,000,000 1,790,446 196,895
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these
harvest specifications, the Bering Sea (BS) subarea includes the Bogoslof District.
\2\ Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and the Amendment 80 species (Atka mackerel, Aleutian
Islands Pacific ocean perch, yellowfin sole, rock sole, flathead sole, and Pacific cod), 15 percent of each TAC is put into a reserve. The ITAC for
these species is the remainder of the TAC after the subtraction of these reserves.
\3\ For the Amendment 80 species (Atka mackerel, Aleutian Islands Pacific ocean perch, yellowfin sole, rock sole, flathead sole, and Pacific cod), 10.7
percent of the TAC is reserved for use by CDQ participants (see Sec. Sec. 679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish TAC is
allocated to hook-and-line gear or pot gear, and 7.5 percent of the sablefish TAC is allocated to trawl gear. The 2017 hook-and-line and pot gear
portion of the sablefish ITAC and CDQ reserve will not be specified until the final 2017 and 2018 harvest specifications. 10.7 percent of the TACs for
Bering Sea Greenland turbot and arrowtooth flounder are reserved for use by CDQ participants (see Sec. 679.20(b)(1)(ii)(B) and (D)). Aleutian
Islands Greenland turbot, ``other flatfish,'' Alaska plaice, Bering Sea Pacific ocean perch, Kamchatka flounder, northern rockfish, shortraker
rockfish, rougheye rockfish, ``other rockfish,'' squids, octopuses, skates, sculpins, and sharks are not allocated to the CDQ program.
\4\ Under Sec. 679.20(a)(5)(i)(A)(1), the annual Bering Sea subarea pollock TAC, after subtracting first for the CDQ directed fishing allowance (10
percent) and second for the incidental catch allowance (4.0 percent), is further allocated by sector for a directed pollock fishery as follows:
inshore--50 percent; catcher/processor--40 percent; and motherships--10 percent. Under Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual Aleutian
Islands subarea pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance
(2,400 mt), is allocated to the Aleut Corporation for a directed pollock fishery.
\5\ The Bering Sea subarea and Aleutian Islands subarea Pacific cod TACs are set to account for the State of Alaska guideline harvest level in state
waters of the Aleutian Islands subarea.
\6\ ``Rock sole'' includes Lepidopsetta polyxystra (Northern rock sole) and Lepidopsetta bilineata (Southern rock sole).
\7\ ``Flathead sole'' includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
\8\ ``Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), flathead sole, Greenland turbot, rock sole, yellowfin
sole, arrowtooth flounder, Kamchatka flounder, and Alaska plaice.
\9\ ``Rougheye rockfish'' includes Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted).
\10\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, northern, shortraker, and rougheye rockfish.
Note: Regulatory areas and districts are defined at Sec. 679.2 (BS=Bering Sea subarea, AI=Aleutian Islands subarea, EAI=Eastern Aleutian district,
CAI=Central Aleutian district, WAI=Western Aleutian district.)

Groundfish Reserves and the Incidental Catch Allowance (ICA) for
Pollock, Atka Mackerel, Flathead Sole, Rock Sole, Yellowfin Sole, and
AI Pacific Ocean Perch

Section 679.20(b)(1)(i) requires NMFS to reserve 15 percent of the
TAC for each target species category, except for pollock, hook-and-line
or pot gear allocation of sablefish, and Amendment 80 species, in a
non-specified reserve. Section 679.20(b)(1)(ii)(B) requires NMFS to
allocate 20 percent of the hook-and-line and pot gear allocation of
sablefish to the fixed gear sablefish CDQ reserve. Section
679.20(b)(1)(ii)(D) requires NMFS to allocate 7.5 percent of the trawl
gear allocation of sablefish and 10.7 percent of Bering Sea Greenland
turbot and arrowtooth flounder to the respective CDQ reserves. Section
679.20(b)(1)(ii)(C) requires NMFS to allocate 10.7 percent of the TACs
for Atka mackerel, AI Pacific ocean perch, yellowfin sole, rock sole,
flathead sole, and Pacific cod to the CDQ reserves. Sections
679.20(a)(5)(i)(A) and 679.31(a) also require allocation of 10 percent
of the BS pollock TACs to the pollock CDQ directed fishing allowance
(DFA). The entire Bogoslof District pollock TAC is allocated as an ICA
(see Sec. 679.20(a)(5)(ii)). With the exception of the hook-and-line
and pot gear sablefish CDQ reserve, the regulations do not further
apportion the CDQ reserves by gear.
Pursuant to Sec. 679.20(a)(5)(i)(A)(1), NMFS proposes a pollock
ICA of 4.0 percent or 53,626 mt of the Bering Sea subarea pollock TAC
after subtracting the 10 percent CDQ reserve. This allowance is based
on NMFS' examination of the pollock incidentally retained and discarded
catch, including the incidental catch by CDQ vessels, in target
fisheries other than pollock from 2000 through 2016. During this 17-
year period, the pollock incidental catch ranged from a low of 2.4
percent in 2006 to a high of 4.8 percent in 2014, with a 17-year
average of 3.2 percent. Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i)
and (ii), NMFS proposes a pollock ICA of 2,400 mt of the AI subarea TAC
after subtracting the 10 percent CDQ DFA. This allowance is based on
NMFS' examination of the pollock incidental catch, including the
incidental catch by CDQ vessels, in target fisheries other than pollock
from 2003 through 2016. During this 14-year period, the incidental
catch of pollock ranged from a low of 5 percent in 2006 to a high of 17
percent in 2013, with a 14-year average of 8 percent.
Pursuant to Sec. 679.20(a)(8) and (10), NMFS proposes ICAs of
4,000 mt of flathead sole, 5,000 mt of rock sole, 4,500 mt of yellowfin
sole, 10 mt of Western Aleutian District Pacific ocean perch, 60 mt of
Central Aleutian District Pacific ocean perch, 100 mt of Eastern
Aleutian District Pacific ocean perch, 20 mt of Western Aleutian
District Atka mackerel, 75 mt of Central Aleutian District Atka
mackerel, and 1,000 mt of Eastern Aleutian District and Bering Sea

[[Page 87867]]

subarea Atka mackerel after subtracting the 10.7 percent CDQ reserve.
These ICAs are based on NMFS' examination of the average incidental
retained and discarded catch in other target fisheries from 2003
through 2016.
The regulations do not designate the remainder of the non-specified
reserve by species or species group. Any amount of the reserve may be
apportioned to a target species that contributed to the non-specified
reserve during the year, provided that such apportionments do not
result in overfishing (see Sec. 679.20(b)(1)(i)).

Allocations of Pollock TAC Under the American Fisheries Act (AFA)

Section 679.20(a)(5)(i)(A) requires that Bering Sea pollock TAC be
apportioned after subtracting 10 percent for the CDQ program and 4.0
percent for the ICA as a DFA as follows: 50 percent to the inshore
sector, 40 percent to the catcher/processor sector, and 10 percent to
the mothership sector. In the Bering Sea subarea, 45 percent of the DFA
is allocated to the A season (January 20 to June 10) and 55 percent of
the DFA is allocated to the B season (June 10 to November 1)
(Sec. Sec. 679.20(a)(5)(i)(B)(1) and 679.23(e)(2)). The AI directed
pollock fishery allocation to the Aleut Corporation is the amount of
pollock remaining in the AI subarea after subtracting 1,900 mt for the
CDQ DFA (10 percent), and 2,400 mt for the ICA (Sec.
679.20(a)(5)(iii)(B)(2)(i)-(iii)). In the AI subarea, the total A
season apportionment of the pollock TAC may equal up to 40 percent of
the ABC, and the remainder of the pollock TAC is allocated to the B
season (Sec. 679.20(a)(5)(iii)(B)(3)). Table 2 lists these proposed
2017 and 2018 amounts.
Section 679.20(a)(5)(iii)(B)(6) sets harvest limits for pollock in
the A season (January 20 to June 10) in Areas 543, 542, and 541. In
Area 543, the A season pollock harvest limit is no more than 5 percent
of the Aleutian Islands pollock ABC. In Area 542, the A season pollock
harvest limit is no more than 15 percent of the Aleutian Islands ABC.
In Area 541, the A season pollock harvest limit is no more than 30
percent of the Aleutian Islands ABC.
Section 679.20(a)(5)(i)(A)(4) also includes several specific
requirements regarding Bering Sea subarea pollock allocations. First,
it requires that 8.5 percent of the pollock allocated to the catcher/
processor sector be available for harvest by AFA catcher vessels with
catcher/processor sector endorsements, unless the Regional
Administrator receives a cooperative contract that allows the
distribution of harvest among AFA catcher/processors and AFA catcher
vessels in a manner agreed to by all members. Second, AFA catcher/
processors not listed in the AFA are limited to harvesting not more
than 0.5 percent of the pollock allocated to the catcher/processor
sector. Table 2 lists the proposed 2017 and 2018 allocations of pollock
TAC. Tables 14 through 17 list the AFA catcher/processor and catcher
vessel harvesting sideboard limits. The Bering Sea subarea inshore
pollock cooperative and open access sector allocations are based on the
submission of AFA inshore cooperative applications due to NMFS on
December 1 of each calendar year. Because AFA inshore cooperative
applications for 2017 have not been submitted to NMFS, and NMFS
therefore cannot calculate 2017 allocations, NMFS has not included
inshore cooperative text and tables in these proposed harvest
specifications. NMFS will post 2017 AFA inshore cooperative allocations
on the Alaska Region Web site at https://alaskafisheries.noaa.gov prior
to the start of the fishing year on January 1, 2017, based on the
harvest specifications effective on that date.
Table 2 also lists proposed seasonal apportionments of pollock and
harvest limits within the Steller Sea Lion Conservation Area (SCA). The
harvest of pollock within the SCA, as defined at Sec.
679.22(a)(7)(vii), is limited to no more than 28 percent of the DFA
before noon, April 1, as provided in Sec. 679.20(a)(5)(i)(C). The A
season pollock SCA harvest limit will be apportioned to each sector in
proportion to each sector's allocated percentage of the DFA. Table 2
lists these proposed 2017 and 2018 amounts by sector.

Table 2--Proposed 2017 and 2018 Allocations of Pollock Tacs to the Directed Pollock Fisheries and to the CDQ
Directed Fishing Allowances (DFA) \1\
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
A season \1\ B season \1\
2017 and 2018 -----------------------------------------------
Area and sector Allocations SCA harvest
A season DFA limit \2\ B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC......................... 1,340,643 n/a n/a n/a
CDQ DFA........................................ 134,064 60,329 37,538 73,735
ICA \1\........................................ 48,263 n/a n/a n/a
AFA Inshore.................................... 579,158 260,621 162,164 318,537
AFA Catcher/Processors \3\..................... 463,326 208,497 129,731 254,829
Catch by C/Ps.............................. 423,943 190,775 n/a 233,169
Catch by C/Vs \3\.......................... 39,383 17,722 n/a 21,661
Unlisted C/P Limit \4\................. 2,317 1,042 n/a 1,274
AFA Motherships................................ 115,832 52,124 32,433 63,707
Excessive Harvesting Limit \5\................. 202,705 n/a n/a n/a
Excessive Processing Limit \6\................. 347,495 n/a n/a n/a
Total Bering Sea DFA (non-CDQ)................. 1,158,316 521,242 324,328 637,074
Aleutian Islands subarea ABC................... 36,664 n/a n/a n/a
Aleutian Islands subarea TAC................... 19,000 n/a n/a n/a
CDQ DFA........................................ 1,900 760 n/a 1,140
ICA............................................ 2,400 1,200 n/a 1,200
Aleut Corporation.............................. 14,700 13,520 n/a 1,180
Area harvest limit \7\......................... n/a n/a n/a n/a
Area 541 harvest limit \7\..................... 10,999 n/a n/a n/a
Area 542 harvest limit \7\..................... 5,500 n/a n/a n/a
Area 543 harvest limit \7\..................... 1,833 n/a n/a n/a

[[Page 87868]]

Bogoslof District ICA \8\...................... 100 n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the annual Bering Sea subarea pollock TAC, after subtracting the CDQ
DFA (10 percent) and the ICA (4.0 percent), is allocated as a DFA as follows: inshore sector 50 percent,
catcher/processor sector 40 percent, and mothership sector 10 percent. In the Bering Sea subarea, 45 percent
of the DFA is allocated to the A season (January 20-June 10) and 55 percent of the DFA is allocated to the B
season (June 10-November 1). Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock
TAC, after subtracting first for the CDQ DFA (10 percent) and second the ICA (2,400 mt), is allocated to the
Aleut Corporation for a directed pollock fishery. In the AI subarea, the A season is allocated 40 percent of
the ABC, and the B season is allocated the remainder of the directed pollock fishery.
\2\ In the Bering Sea subarea, no more than 28 percent of each sector's annual DFA may be taken from the SCA
before noon, April 1.
\3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/
processors (C/Ps) shall be available for harvest only by eligible catcher vessels (CVs) delivering to listed C/
Ps.
\4\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting
not more than 0.5 percent of the catcher/processor sector's allocation of pollock.
\5\ Pursuant to Sec. 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
percent of the sum of the pollock DFAs not including CDQ.
\6\ Pursuant to Sec. 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0
percent of the sum of the pollock DFAs not including CDQ.
\7\ Pursuant to Sec. 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
Area 541 no more than 30 percent, in Area 542 no more than 15 percent, and in Area 543 no more than 5 percent
of the Aleutian Islands pollock ABC.
\8\ The Regional Administrator proposes closing the Bogoslof pollock fishery for directed fishing under the
final 2017 and 2018 harvest specifications for the BSAI. The amounts specified are for incidental catch only
and are not apportioned by season or sector.

Allocation of the Atka Mackerel TACs

Section 679.20(a)(8) allocates the Atka mackerel TACs to the
Amendment 80 and BSAI trawl limited access sectors, after subtracting
the CDQ reserves, jig gear allocation, and ICAs for the BSAI trawl
limited access sector and non-trawl gear sectors (Table 3). The
percentage of the ITAC for Atka mackerel allocated to the Amendment 80
and BSAI trawl limited access sectors is listed in Table 33 to 50 CFR
part 679 and in Sec. 679.91. Pursuant to Sec. 679.20(a)(8)(i), up to
2 percent of the Eastern Aleutian District and Bering Sea subarea Atka
mackerel ITAC may be allocated to jig gear. The percentage of this
allocation is recommended annually by the Council based on several
criteria, including the anticipated harvest capacity of the jig gear
fleet. The Council recommended and NMFS proposes a 0.5 percent
allocation of the Atka mackerel ITAC in the Eastern Aleutian District
and Bering Sea subarea to jig gear in 2017 and 2018. This percentage is
applied to the TAC after subtracting the CDQ reserve and the ICA.
Section 679.20(a)(8)(ii)(A) apportions the Atka mackerel TAC into
two equal seasonal allowances. Section 679.23(e)(3) sets the first
seasonal allowance for directed fishing with trawl gear from January 20
through June 10 (A season), and the second seasonal allowance from June
10 through December 31 (B season). Section 679.23(e)(4)(iii) applies
Atka mackerel seasons to CDQ Atka mackerel fishing. The ICA and jig
gear allocations are not apportioned by season.
Section 679.20(a)(8)(ii)(C)(1)(i) and (ii) limits Atka mackerel
catch within waters 0 nm to 20 nm of Steller sea lion sites listed in
Table 6 to 50 CFR part 679 and located west of 178[deg] W longitude to
no more than 60 percent of the annual TACs in Areas 542 and 543; and
equally divides the annual TAC between the A and B seasons as defined
at Sec. 679.23(e)(3). Section 679.20(a)(8)(ii)(C)(2) requires the
annual TAC in Area 543 will be no more than 65 percent of the ABC in
Area 543. Section 679.20(a)(8)(ii)(D) requires that any unharvested
Atka mackerel A season allowance that is added to the B season be
prohibited from being harvested within waters 0 nm to 20 nm of Steller
sea lion sites listed in Table 6 to 50 CFR part 679 and located in
Areas 541, 542, and 543.
Two Amendment 80 cooperatives have formed for the 2017 fishing
year. Because all Amendment 80 vessels are part of a cooperative, no
allocation to the Amendment 80 limited access sector is required. NMFS
will post 2017 Amendment 80 cooperative allocations on the Alaska
Region Web site at https://alaskafisheries.noaa.gov prior to the start
of the fishing year on January 1, 2017, based on the harvest
specifications effective on that date.
Table 3 lists these 2017 and 2018 Atka mackerel season allowances,
area allowances, and the sector allocations. The 2018 allocations for
Amendment 80 species between Amendment 80 cooperatives and the
Amendment 80 limited access sector will not be known until eligible
participants apply for participation in the program by November 1,
2017. NMFS will post 2018 Amendment 80 cooperatives and Amendment 80
limited access allocations on the Alaska Region Web site at https://alaskafisheries.noaa.gov prior to the start of the fishing year on
January 1, 2018, based on the harvest specifications effective on that
date.

[[Page 87869]]

Table 3--Proposed 2017 and 2018 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch
Allowance, and Amendment 80 Allocations of the BSAI Atka Mackerel TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2017 and 2018 Allocation by area
-----------------------------------------------
Eastern
Sector \1\ Season \2 3 4\ Aleutian Central Western
District/ Aleutian Aleutian
Bering Sea District District
----------------------------------------------------------------------------------------------------------------
TAC............................. n/a........................... 28,500 16,000 10,500
CDQ reserve..................... Total......................... 3,050 1,712 1,124
A............................. 1,525 856 562
Critical habitat \5\.......... n/a 514 337
B............................. 1,525 856 562
Critical habitat \5\.......... n/a 514 337
ICA............................. Total......................... 1,000 75 20
Jig \6\......................... Total......................... 122 .............. ..............
BSAI trawl limited access....... Total......................... 2,433 1,421 ..............
A............................. 1,216 711 ..............
Critical habitat \5\.......... n/a 426 ..............
B............................. 1,216 711 ..............
Critical habitat \5\.......... n/a 426 ..............
Amendment 80 \7\................ Total......................... 21,895 12,792 9,357
Alaska Groundfish Cooperative Total......................... 12,326 7,615 5,754
for 2017.
A............................. 6,163 3,808 2,877
Critical habitat \5\.......... n/a 2,285 1,726
B............................. 6,163 3,808 2,877
Critical habitat \5\.......... n/a 2,285 1,726
Alaska Seafood Cooperative for Total......................... 9,570 5,177 3,603
2017.
A............................. 4,785 2,589 1,802
Critical habitat \5\.......... n/a 1,553 1,081
B............................. 4,785 2,589 1,802
Critical habitat \5\.......... n/a 1,553 1,081
----------------------------------------------------------------------------------------------------------------
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and the
jig gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for
Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50 CFR
part 679 and Sec. 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec.
Sec. 679.20(b)(1)(ii)(C) and 679.31).
\2\ Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel
fishery.
\3\ The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
\4\ Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from
January 20 to June 10, and the B season from June 10 to December 31.
\5\ Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to
be caught inside of critical habitat; paragraph (a)(ii)(C)(1)(ii) equally divides the annual TACs between the
A and B seasons as defined at Sec. 679.23(e)(3); and paragraph (a)(8)(ii)(C)(2) requires the TAC in Area 543
shall be no more than 65 percent of ABC.
\6\ Section 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian District and Bering Sea
subarea TAC be allocated to jig gear after subtraction of the CDQ reserve and ICA. The amount of this
allocation is 0.5 percent. The jig gear allocation is not apportioned by season.
\7\ The 2018 allocations for Amendment 80 Atka mackerel between Amendment 80 cooperatives and the Amendment 80
limited access sector will not be known until eligible participants apply for participation in the program by
November 1, 2017.

Allocation of the Pacific Cod TAC

The Council recommended and NMFS proposes separate BS and AI
subarea OFLs, ABCs, and TACs for Pacific cod. Section
679.20(b)(1)(ii)(C) allocates 10.7 percent of the BS TAC and the AI TAC
to the CDQ program. After CDQ allocations have been deducted from the
respective BS and AI Pacific cod TACs, the remaining BS and AI Pacific
cod TACs are combined for calculating further BSAI Pacific cod sector
allocations. However, if the non-CDQ Pacific cod TAC is or will be
reached in either the BS or AI subareas, NMFS will prohibit non-CDQ
directed fishing for Pacific cod in that subarea, as provided in Sec.
679.20(d)(1)(iii).
Section 679.20(a)(7)(i) and (ii) allocates the Pacific cod TAC in
the combined BSAI TAC, after subtracting 10.7 percent for the CDQ
program, as follows: 1.4 percent to vessels using jig gear, 2.0 percent
to hook-and-line or pot catcher vessels less than 60 ft (18.3 m) length
overall (LOA), 0.2 percent to hook-and-line catcher vessels greater
than or equal to 60 ft (18.3 m) LOA, 48.7 percent to hook-and-line
catcher/processors, 8.4 percent to pot catcher vessels greater than or
equal to 60 ft (18.3 m) LOA, 1.5 percent to pot catcher/processors, 2.3
percent to AFA trawl catcher/processors, 13.4 percent to non-AFA trawl
catcher/processors, and 22.1 percent to trawl catcher vessels. The BSAI
ICA for the hook-and-line and pot sectors will be deducted from the
aggregate portion of BSAI Pacific cod TAC allocated to the hook-and-
line and pot sectors. For 2017 and 2018, the Regional Administrator
proposes a BSAI ICA of 500 mt, based on anticipated incidental catch by
these sectors in other fisheries.
The BSAI ITAC allocation of Pacific cod to the Amendment 80 sector
is established in Table 33 to 50 CFR part 679 and Sec. 679.91. Two
Amendment 80 cooperatives have formed for the 2017 fishing year.
Because all Amendment 80 vessels are part of a cooperative, no
allocation to the Amendment 80 limited access sector is required. NMFS
will post 2017 Amendment 80 cooperative allocations on the Alaska
Region Web site at https://alaskafisheries.noaa.gov prior to the start
of the fishing year on January 1, 2017, based on the harvest
specifications effective on that date.
The 2018 allocations for Amendment 80 species between Amendment 80
cooperatives and the Amendment 80 limited access sector will not be
known until eligible participants apply for participation in the
program by November 1, 2017. NMFS will post 2018 Amendment 80
cooperatives and

[[Page 87870]]

Amendment 80 limited access allocations on the Alaska Region Web site
at https://alaskafisheries.noaa.gov prior to the start of the fishing
year on January 1, 2018, based on the harvest specifications effective
on that date.
The Pacific cod ITAC is apportioned into seasonal allowances to
disperse the Pacific cod fisheries over the fishing year (see
Sec. Sec. 679.20(a)(7), (a)(7)(iv)(A), and 679.23(e)(5)). In
accordance with Sec. 679.20(a)(7)(iv)(B) and (C), any unused portion
of a seasonal Pacific cod allowance will become available at the
beginning of the next seasonal allowance.
Section 679.20(a)(7)(vii) requires the Regional Administrator to
establish an Area 543 Pacific cod harvest limit based on Pacific cod
abundance in Area 543. Based on the 2015 stock assessment, the Regional
Administrator determined the Area 543 Pacific cod harvest limit to be
26.3 percent of the AI Pacific cod TAC for 2017 and 2018. NMFS first
subtracted the State GHL Pacific cod amount from the AI Pacific cod ABC
and then multiplied the remaining ABC for AI Pacific cod by the
percentage of Pacific cod estimated in Area 543. Based on these
calculations, the Area 543 harvest limit is 3,379 mt.
The CDQ and non-CDQ season allowances by gear based on the proposed
2017 and 2018 Pacific cod TACs are listed in Table 4 based on the
sector allocation percentages of Pacific cod set forth at Sec.
679.20(a)(7)(i)(B) and (a)(7)(iv)(A); and the seasonal allowances of
Pacific cod set forth at Sec. 679.23(e)(5).

Table 4--Proposed 2017 and 2018 Gear Shares and Seasonal Allowances of the BSAI \1\ Pacific Cod TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2017 and 2018 seasonal
2017 and 2018 2017 and 2018 apportionment
Sector Percent share of gear share of ---------------------------------
sector total sector total Season Amount
----------------------------------------------------------------------------------------------------------------
Total Bering Sea TAC.......... n/a 238,680 n/a n/a............. n/a
Bering Sea CDQ................ n/a 25,539 n/a See Sec. n/a
679.20(a)(7)(i)
(B).
Bering Sea non-CDQ TAC........ n/a 213,141 n/a n/a............. n/a
Total Aleutian Islands TAC.... n/a 12,839 n/a n/a............. n/a
Aleutian Islands CDQ.......... n/a 1,374 n/a See Sec. n/a
679.20(a)(7)(i)
(B).
Aleutian Islands non-CDQ TAC.. n/a 11,465 n/a n/a............. n/a
Western Aleutians Islands n/a 3,379 n/a n/a............. n/a
Limit.
Total BSAI non-CDQ TAC \1\.... 100 224,606 n/a n/a............. n/a
Total hook-and-line/pot gear.. 60.8 136,561 n/a n/a............. n/a
Hook-and-line/pot ICA \2\..... n/a n/a 500 n/a............. n/a
Hook-and-line/pot sub-total... n/a 136,061 n/a n/a............. n/a
Hook-and-line catcher/ 48.7 n/a 108,983 Jan 1-Jun 10.... 55,581
processors. Jun 10-Dec 31... 53,402
Hook-and-line catcher vessels 0.2 n/a 448 Jan 1-Jun 10.... 228
60 ft LOA. Jun 10-Dec 31... 219
Pot catcher/processors........ 1.5 n/a 3,357 Jan 1-Jun 10.... 1,712
Sept 1-Dec 31... 1,645
Pot catcher vessels 60 ft LOA. Sept 1-Dec 31... 9,211
Catcher vessels <60 ft LOA 2 n/a 4,476 n/a............. n/a
using hook-and-line or pot
gear.
Trawl catcher vessels......... 22.1 49,638 n/a Jan 20-Apr 1.... 36,732
Apr 1-Jun 10.... 5,460
Jun 10-Nov 1.... 7,446
AFA trawl catcher/processors.. 2.3 5,166 n/a Jan 20-Apr 1.... 3,874
Apr 1-Jun 10.... 1,291
Jun 10-Nov 1.... 0
Amendment 80.................. 13.4 30,097 n/a Jan 20-Apr 1.... 22,573
Apr 1-Jun 10.... 7,524
Jun 10-Nov 1.... 0
Alaska Groundfish Cooperative n/a 4,751 n/a Jan 20-Apr 1.... 3,563
for 2017 \3\. Apr 1-Jun 10.... 1,188
Jun 10-Nov 1.... 0
Alaska Seafood Cooperative for n/a 25,346 n/a Jan 20-Apr 1.... 19,010
2017 \3\. Apr 1-Jun 10.... 6,337
Jun 10-Nov 1.... 0
Jig........................... 1.4 3,144 n/a Jan 1-Apr 30.... 1,887
Apr 30-Aug 31... 629
Aug 31-Dec 31... 629
----------------------------------------------------------------------------------------------------------------
\1\ The gear shares and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and AI
Pacific cod TACs. If the TAC for Pacific cod in either the AI or BS is reached, then directed fishing for
Pacific cod in that subarea may be prohibited, even if a BSAI allowance remains.
\2\ The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC
allocated to the hook-and-line and pot sectors. The Regional Administrator proposes an ICA of 500 mt for 2017
and 2018 based on anticipated incidental catch in these fisheries.
\3\ The 2018 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited
access sector will not be known until eligible participants apply for participation in the program by November
1, 2017.

[[Page 87871]]

Sablefish Gear Allocation

Section 679.20(a)(4)(iii) and (iv) requires allocation of sablefish
TACs for the Bering Sea and AI subareas between trawl gear and hook-
and-line or pot gear. Gear allocations of the TACs for the Bering Sea
subarea are 50 percent for trawl gear and 50 percent for hook-and-line
or pot gear. Gear allocations for the TACs for the AI subarea are 25
percent for trawl gear and 75 percent for hook-and-line or pot gear.
Section 679.20(b)(1)(ii)(B) requires NMFS to apportion 20 percent of
the hook-and-line or pot gear allocation of sablefish to the CDQ
reserve. Additionally, Sec. 679.20(b)(1)(ii)(D)(1) requires that 7.5
percent of the trawl gear allocation of sablefish from the nonspecified
reserves, established under Sec. 679.20(b)(1)(i), be apportioned to
the CDQ reserve. The Council has recommended that only trawl sablefish
TAC be established biennially. The harvest specifications for the hook-
and-line gear and pot gear sablefish Individual Fishing Quota (IFQ)
fisheries are limited to the 2017 fishing year to ensure those
fisheries are conducted concurrently with the halibut IFQ fishery.
Concurrent sablefish and halibut IFQ fisheries reduce the potential for
discards of halibut and sablefish in those fisheries. The sablefish IFQ
fisheries remain closed at the beginning of each fishing year until the
final harvest specifications for the sablefish IFQ fisheries are in
effect. Table 5 lists the proposed 2017 and 2018 gear allocations of
the sablefish TAC and CDQ reserve amounts.

Table 5--Proposed 2017 and 2018 Gear Shares and CDQ Reserve of BSAI Sablefish TACS
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Percent of 2017 Share 2017 ITAC 2017 CDQ 2018 Share 2018 CDQ
Subarea and gear TAC of TAC \1\ reserve of TAC 2018 ITAC reserve
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea:
Trawl.................................................... 50 526 447 39 526 447 39
Hook-and-line gear \2\................................... 50 526 n/a 105 n/a n/a n/a
-----------------------------------------------------------------------------
Total................................................ 100 1,052 447 145 526 447 39
--------------------------------------------------------------------------------------------------------------------------------------------------------
Aleutian Islands:
Trawl.................................................... 25 356 302 27 356 302 27
Hook-and-line gear \2\................................... 75 1,067 n/a 213 n/a n/a n/a
------------------------------------------------------------------------------------------
Total................................................ 100 1,423 302 240 356 302 27
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Except for the sablefish hook-and-line or pot gear allocation, 15 percent of TAC is apportioned to the reserve. The ITAC is the remainder of the TAC
after the subtraction of these reserves.
\2\ For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the allocated TAC is reserved for use by
CDQ participants. Section 679.20(b)(1) does not provide for the establishment of an ITAC for sablefish allocated to hook-and-line or pot gear.
Note: Seasonal or sector apportionments may not total precisely due to rounding.

Allocation of the Aleutian Islands Pacific Ocean Perch, and BSAI
Flathead Sole, Rock Sole, and Yellowfin Sole TACs

Section 679.20(a)(10)(i) and (ii) requires that NMFS allocate AI
Pacific ocean perch, and BSAI flathead sole, rock sole, and yellowfin
sole TACs between the Amendment 80 and BSAI trawl limited access
sectors, after subtracting 10.7 percent for the CDQ reserve and an ICA
for the BSAI trawl limited access sector and vessels using non-trawl
gear. The allocation of the ITAC for AI Pacific ocean perch, and BSAI
flathead sole, rock sole, and yellowfin sole to the Amendment 80 sector
is established in Tables 33 and 34 to 50 CFR part 679 and in Sec.
679.91.
Two Amendment 80 cooperatives have formed for the 2017 fishing
year. Because all Amendment 80 vessels are part of a cooperative, no
allocation to the Amendment 80 limited access sector is required. NMFS
will post 2017 Amendment 80 cooperative allocations on the Alaska
Region Web site at https://alaskafisheries.noaa.gov prior to the start
of the fishing year on January 1, 2017, based on the harvest
specifications effective on that date.
The 2018 allocations for Amendment 80 species between Amendment 80
cooperatives and the Amendment 80 limited access sector will not be
known until eligible participants apply for participation in the
program by November 1, 2017. NMFS will post 2018 Amendment 80
cooperatives and Amendment 80 limited access allocations on the Alaska
Region Web site at https://alaskafisheries.noaa.gov prior to the start
of the fishing year on January 1, 2018, based on the harvest
specifications effective on that date. Table 6 lists the proposed 2017
and 2018 allocations of the AI Pacific ocean perch, and BSAI flathead
sole, rock sole, and yellowfin sole TACs.

Table 6--Proposed 2017 and 2018 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAS), and Amendment 80 Allocations of the
Aleutian Islands Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACS
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2017 and 2018 allocations
--------------------------------------------------------------------------------------
Pacific ocean perch Flathead sole Rock sole Yellowfin sole
Sector --------------------------------------------------------------------------------------
Eastern Central Western
Aleutian Aleutian Aleutian BSAI BSAI BSAI
district district district
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC.............................................................. 7,537 7,000 9,000 21,000 57,100 144,000
CDQ.............................................................. 806 749 963 2,247 6,110 15,408

[[Page 87872]]

ICA.............................................................. 100 60 10 4,000 5,000 4,500
BSAI trawl limited access........................................ 663 619 161 0 0 14,579
Amendment 80..................................................... 5,967 5,572 7,866 14,753 45,990 109,513
Alaska Groundfish Cooperative for 2017 \1\....................... 3,164 2,954 4,171 1,513 11,377 43,510
Alaska Seafood Cooperative for 2017 \1\.......................... 2,803 2,617 3,695 13,240 34,614 66,003
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The 2018 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until
eligible participants apply for participation in the program by November 1, 2017.

Section 679.2 defines the ABC surplus for flathead sole, rock sole,
and yellowfin sole as the difference between the annual ABC and TAC for
each species. Section 679.20(b)(1)(iii) establishes ABC reserves for
flathead sole, rock sole, and yellowfin sole. The ABC surpluses and the
ABC reserves are necessary to mitigate the operational variability,
environmental conditions, and economic factors that may constrain the
CDQ groups and the Amendment 80 cooperatives from achieving, on a
continuing basis, the optimum yield in the BSAI groundfish fisheries.
NMFS, after consultation with the Council, may set the ABC reserve at
or below the ABC surplus for each species thus maintaining the TAC
below ABC limits. An amount equal to 10.7 percent of the ABC reserves
will be allocated as CDQ reserves for flathead sole, rock sole, and
yellowfin sole. The Amendment 80 ABC reserves shall be the ABC reserves
minus the CDQ ABC reserves. Section 679.91(i)(2) establishes each
Amendment 80 cooperative ABC reserve to be the ratio of each
cooperatives' quota share units and the total Amendment 80 quota share
units, multiplied by the Amendment 80 ABC reserve for each respective
species. Table 7 lists the 2017 and 2018 ABC surplus and ABC reserves
for BSAI flathead sole, rock sole, and yellowfin sole.

Table 7--Proposed 2017 and 2018 ABC Surplus, Community Development Quota (CDQ) ABC Reserves, and Amendment 80
ABC Reserves in the BSAI for Flathead Sole, Rock Sole, and Yellowfin Sole
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
Sector Flathead sole Rock sole Yellowfin sole
----------------------------------------------------------------------------------------------------------------
ABC............................................................. 64,580 145,000 203,500
TAC............................................................. 21,000 57,100 144,000
ABC surplus..................................................... 43,580 87,900 59,500
ABC reserve..................................................... 43,580 87,900 59,500
CDQ ABC reserve................................................. 4,663 9,405 6,367
Amendment 80 ABC reserve........................................ 38,917 78,495 53,134
Alaska Groundfish Cooperative for 2017 \1\...................... 3,992 19,417 21,112
Alaska Seafood Cooperative for 2017 \1\......................... 34,925 59,077 32,022
----------------------------------------------------------------------------------------------------------------
\1\ The 2018 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited
access sector will not be known until eligible participants apply for participation in the program by November
1, 2017.

Proposed PSC Limits for Halibut, Salmon, Crab, and Herring

Section 679.21(b), (e), (f), and (g) sets forth the BSAI PSC
limits. Pursuant to Sec. 679.21(b)(1), the 2017 and 2018 BSAI halibut
PSC limits total 3,515 mt. Section 679.21(b)(1) allocates 315 mt of the
halibut PSC limit as the PSQ reserve for use by the groundfish CDQ
program, 1,745 mt of halibut PSC limit for the Amendment 80 sector, 745
mt of halibut PSC limit for the BSAI trawl limited access sector, and
710 mt of halibut mortality for the BSAI non-trawl sector.
Section 679.21(b)(1)(iii)(A) and (B) authorizes apportionment of
the non-trawl halibut PSC limit into PSC allowances among six fishery
categories, and Sec. 679.21(b)(1)(ii)(A) and (B) and Sec. Sec.
679.21(e)(3)(i)(B) and 679.21(e)(3)(iv) require apportionment of the
BSAI trawl limited access halibut and crab PSC limits into PSC
allowances among seven fishery categories. Table 10 lists the fishery
PSC allowances for the BSAI trawl limited access fisheries, and Table
11 lists the fishery PSC allowances for the non-trawl fisheries.
Pursuant to Section 3.6 of the FMP, the Council recommends, and
NMFS agrees, that certain specified non-trawl fisheries be exempt from
the halibut PSC limit. As in past years, after consultation with the
Council, NMFS exempts pot gear, jig gear, and the sablefish IFQ hook-
and-line gear fishery categories from halibut bycatch restrictions for
the following reasons: (1) The pot gear fisheries have low halibut
bycatch mortality; (2) NMFS estimates halibut mortality for the jig
gear fleet to be negligible because of the small size of the fishery
and the selectivity of the gear; and (3) the sablefish and halibut IFQ
fisheries have low halibut bycatch mortality because the IFQ program
requires legal-size halibut to be retained by vessels using hook-and-
line gear if a halibut IFQ permit holder or a hired master is aboard
and is holding unused halibut IFQ (subpart D of 50 CFR part

[[Page 87873]]

679). As of November 2016, total groundfish catch for the pot gear
fishery in the BSAI was 43,079 mt, with an associated halibut bycatch
mortality of 2 mt.
The 2016 jig gear fishery harvested about 47 mt of groundfish. Most
vessels in the jig gear fleet are exempt from observer coverage
requirements. As a result, observer data are not available on halibut
bycatch in the jig gear fishery. However, as mentioned above, NMFS
estimates a negligible amount of halibut bycatch mortality because of
the selective nature of jig gear and the low mortality rate of halibut
caught with jig gear and released.
Under Sec. 679.21(f)(2), NMFS annually allocates portions of
either 33,318, 45,000, 47,591, or 60,000 Chinook salmon PSC limits
among the AFA sectors, depending on past bycatch performance, on
whether Chinook salmon bycatch incentive plan agreements (IPAs) are
formed, and on whether NMFS determines it is a low Chinook salmon
abundance year. NMFS will determine that it is a low Chinook salmon
abundance year when abundance of Chinook salmon in western Alaska is
less than or equal to 250,000 Chinook salmon. The State of Alaska
provides to NMFS an estimate of Chinook salmon abundance using the 3-
System Index for western Alaska based on the Kuskokwim, Unalakleet, and
Upper Yukon aggregate stock grouping.
If an AFA sector participates in an approved IPA and it is not a
low Chinook salmon abundance year, then NMFS will allocate a portion of
the 60,000 PSC limit to that sector as specified in Sec.
679.21(f)(3)(iii)(A). If no IPA is approved, or if the sector has
exceeded its performance standard under Sec. 679.21(f)(6), and it is
not a low abundance year, NMFS will allocate a portion of the 47,591
Chinook salmon PSC limit to that sector as specified in Sec.
679.21(f)(3)(iii)(C). If an AFA sector participates in an approved IPA
in a low abundance year, then NMFS will allocate a portion of the
45,000 PSC limit to that sector as specified in Sec.
679.21(f)(3)(iii)(B). If no IPA is approved, or if the sector has
exceeded its performance standard under Sec. 679.21(f)(6) in a low
abundance year, NMFS will allocate a portion of the 33,318 Chinook
salmon PSC limit to that sector as specified in Sec.
679.21(f)(3)(iii)(D).
As of October 1, 2016, NMFS has determined that it is not a low
Chinook salmon abundance year based on the State of Alaska's estimate
that Chinook salmon abundance in western Alaska is greater than 250,000
Chinook salmon. Therefore, in 2017, the Chinook salmon PSC limit is
60,000, and the AFA sector Chinook salmon allocations are seasonally
allocated with 70 percent of the allocation for the A season pollock
fishery, and 30 percent of the allocation for the B season pollock
fishery as stated in Sec. 679.21(f)(3)(iii)(A). Additionally, in 2017,
the Chinook salmon bycatch performance standard under Sec.
679.21(f)(6) is 47,591 Chinook salmon, allocated to each sector as
specified in Sec. 679.21(f)(3)(iii)(C).
The basis for these PSC limits is described in detail in the final
rule implementing management measures for Amendment 91 (75 FR 53026,
August 30, 2010) and Amendment 110 (81 FR 37534, June 10, 2016). NMFS
publishes the approved IPAs, allocations, and reports at https://alaskafisheries.noaa.gov/sustainablefisheries/bycatch/default.htm.
Section 679.21(g)(2)(i) specifies 700 fish as the 2017 and 2018
Chinook salmon PSC limit for the AI subarea pollock fishery. Section
679.21(g)(2)(ii) allocates 7.5 percent, or 53 Chinook salmon, as the AI
subarea PSQ for the CDQ program and allocates the remaining 647 Chinook
salmon to the non-CDQ fisheries.
Section 679.21(f)(14)(i) specifies 42,000 fish as the 2017 and 2018
non-Chinook salmon PSC limit in the Catcher Vessel Operational Area
(CVOA). Section 679.21(f)(14)(ii) allocates 10.7 percent, or 4,494,
non-Chinook salmon in the CVOA as the PSQ for the CDQ program, and
allocates the remaining 37,506 non-Chinook salmon to the non-CDQ
fisheries.
PSC limits for crab and herring are specified annually based on
abundance and spawning biomass. Due to the lack of new information as
of October 2016 regarding herring PSC limits and apportionments, the
Council recommended and NMFS proposes basing the herring 2017 and 2018
PSC limits and apportionments on the 2015 survey data. The Council will
reconsider these amounts in December 2016.
Section 679.21(e)(3)(i)(A)(1) allocates 10.7 percent of each trawl
gear PSC limit specified for crab as a PSQ reserve for use by the
groundfish CDQ program.
Based on 2016 survey data, the red king crab mature female
abundance is estimated at 22.8 million red king crabs, which is above
the threshold of 8.4 million red king crabs, and the effective spawning
biomass is estimated at 42.2 million lbs (19,148 mt). Based on the
criteria set out at Sec. 679.21(e)(1)(i), the proposed 2017 and 2018
PSC limit of red king crab in Zone 1 for trawl gear is 97,000 animals.
This limit derives from the mature female abundance estimate of more
than 8.4 million red king crab and the effective spawning biomass
estimate of more than 14.5 million lbs (6,577 mt) but less than 55
million lbs (24,948 mt).
Section 679.21(e)(3)(ii)(B)(2) establishes criteria under which
NMFS must specify an annual red king crab bycatch limit for the Red
King Crab Savings Subarea (RKCSS). The regulations limit the RKCSS to
up to 25 percent of the red king crab PSC allowance based on the need
to optimize the groundfish harvest relative to red king crab bycatch.
NMFS proposes the Council's recommendation that the red king crab
bycatch limit be equal to 25 percent of the red king crab PSC allowance
within the RKCSS (Table 9).
Based on 2016 survey data, Tanner crab (Chionoecetes bairdi)
abundance is estimated at 285 million animals. Pursuant to criteria set
out at Sec. 679.21(e)(1)(ii), the calculated 2017 and 2018 C. bairdi
crab PSC limit for trawl gear is 830,000 animals in Zone 1, and
2,070,000 animals in Zone 2. In Zone 1, C. bairdi abundance was
estimated to be greater than 270 million and less than 400 million
animals. In Zone 2, C. bairdi abundance was estimated to be greater
than 175 million animals and less than 290 million animals.
Pursuant to Sec. 679.21(e)(1)(iii), the PSC limit for snow crab
(C. opilio) is based on total abundance as indicated by the NMFS annual
bottom trawl survey. The C. opilio crab PSC limit in the C. opilio
bycatch limitation zone (COBLZ) is set at 0.1133 percent of the Bering
Sea abundance index minus 150,000 crabs. Based on the 2016 survey
estimate of 8.169 billion animals, the calculated C. opilio crab PSC
limit is 9,105,477 animals.
Pursuant to Sec. 679.21(e)(1)(v), the PSC limit of Pacific herring
caught while conducting any trawl operation for BSAI groundfish is 1
percent of the annual eastern Bering Sea herring biomass. The best
estimate of 2017 and 2018 herring biomass is 263,098 mt. This amount
was developed by the Alaska Department of Fish and Game based on
spawning location estimates. Therefore, the herring PSC limit proposed
for 2017 and 2018 is 2,631 mt for all trawl gear as listed in Tables 8
and 9.
Section 679.21(e)(3)(i)(A) requires PSQ reserves to be subtracted
from the total trawl PSC limits. The amount of the 2017 PSC limits
assigned to the Amendment 80 and BSAI trawl limited access sectors are
specified in Table 35 to 50 CFR part 679. The resulting allocations of
PSC limits to CDQ PSQ, the Amendment 80 sector, and the BSAI

[[Page 87874]]

trawl limited access sector are listed in Table 8. Pursuant to Sec.
679.21(b)(1)(i), Sec. 679.21(e)(3)(vi), and Sec. 679.91(d) through
(f), crab and halibut trawl PSC limits established for the Amendment 80
sector are then further established for Amendment 80 cooperatives as
PSC cooperative quota as listed in Table 12. Two Amendment 80
cooperatives have formed for the 2017 fishing year. Because all
Amendment 80 vessels are part of a cooperative, no allocation to the
Amendment 80 limited access sector is required. NMFS will post 2017
Amendment 80 cooperative allocations on the Alaska Region Web site at
https://alaskafisheries.noaa.gov prior to the start of the fishing year
on January 1, 2017, based on the harvest specifications effective on
that date.
The 2018 PSC limit allocations between Amendment 80 cooperatives
and the Amendment 80 limited access sector will not be known until
eligible participants apply for participation in the program by
November 1, 2017. NMFS will post 2018 Amendment 80 cooperatives and
Amendment 80 limited access allocations on the Alaska Region Web site
at https://alaskafisheries.noaa.gov prior to the start of the fishing
year on January 1, 2018, based on the harvest specifications effective
on that date.
Section 679.21(b)(2) and (e)(5) authorizes NMFS, after consulting
with the Council, to establish seasonal apportionments of PSC amounts
for the BSAI trawl limited access and Amendment 80 limited access
sectors to maximize the ability of the fleet to harvest the available
groundfish TAC and to minimize bycatch. The factors considered are (1)
seasonal distribution of prohibited species, (2) seasonal distribution
of target groundfish species, (3) PSC bycatch needs on a seasonal basis
relevant to prohibited species biomass, (4) expected variations in
bycatch rates throughout the year, (5) expected changes in directed
groundfish fishing seasons, (6) expected start of fishing effort, and
(7) economic effects of seasonal PSC apportionments on industry
sectors. The Council recommended and NMFS proposes the seasonal PSC
apportionments in Table 10 to maximize harvest among gear types,
fisheries, and seasons while minimizing bycatch of PSC based on the
above criteria.

Table 8--Proposed 2017 and 2018 Apportionment of Prohibited Species Catch Allowances to Non-Trawl Gear, the CDQ Program, Amendment 80, and the BSAI
Trawl Limited Access Sectors
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trawl PSC BSAI trawl
PSC species and area \1\ Non-trawl PSC Total trawl remaining CDQ PSQ Amendment 80 limited access
PSC after CDQ PSQ reserve \2\ sector fishery
--------------------------------------------------------------------------------------------------------------------------------------------------------
Halibut mortality (mt) BSAI............................. 710 2,805 n/a 315 1,745 745
Herring (mt) BSAI....................................... n/a 2,631 n/a n/a n/a n/a
Red king crab (animals) Zone 1.......................... n/a 97,000 86,621 10,379 43,293 26,489
C. opilio (animals) COBLZ............................... n/a 9,105,477 8,131,191 974,286 3,996,480 2,613,365
C. bairdi crab (animals) Zone 1......................... n/a 830,000 741,190 88,810 312,115 348,285
C. bairdi crab (animals) Zone 2......................... n/a 2,070,000 1,848,510 221,490 437,542 865,288
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of zones.
\2\ The PSQ reserve for crab species is 10.7 percent of each crab PSC limit.

Table 9--Proposed 2017 and 2018 Herring and Red King Crab Savings
Subarea Prohibited Species Catch Allowances for All Trawl Sectors
------------------------------------------------------------------------
Red king crab
Fishery categories Herring (mt) (animals)
BSAI Zone 1
------------------------------------------------------------------------
Yellowfin sole.......................... 179 n/a
Rock sole/flathead sole/other flatfish 29 n/a
\1\....................................
Greenland turbot/arrowtooth flounder/ 19 n/a
Kamchatka flounder/sablefish...........
Rockfish................................ 13 n/a
Pacific cod............................. 40 n/a
Midwater trawl pollock.................. 2,151 n/a
Pollock/Atka mackerel/other species 2 3. 199 n/a
Red king crab savings subarea non- n/a 24,250
pelagic trawl gear \4\.................
-------------------------------
Total trawl PSC..................... 2,631 97,000
------------------------------------------------------------------------
\1\ ``Other flatfish'' for PSC monitoring includes all flatfish species,
except for halibut (a prohibited species), arrowtooth flounder,
flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and
yellowfin sole.
\2\ Pollock other than midwater trawl pollock, Atka mackerel, and
``other species'' fishery category.
\3\ ``Other species'' for PSC monitoring includes sculpins, sharks,
skates, squids, and octopuses.
\4\ In October 2016 the Council recommended that the red king crab
bycatch limit for non-pelagic trawl fisheries within the RKCSS be
limited to 25 percent of the red king crab PSC allowance (see Sec.
679.21(e)(3)(ii)(B)(2)).
Note: Species apportionments may not total precisely due to rounding.

[[Page 87875]]

Table 10-Proposed 2017 and 2018 Prohibited Species Bycatch Allowances for the BSAI Trawl Limited Access Sector
----------------------------------------------------------------------------------------------------------------
Prohibited species and area \1\
-------------------------------------------------------------------------------
BSAI trawl limited access Halibut Red king crab C. opilio C. bairdi (animals)
fisheries mortality (mt) (animals) Zone (animals) -------------------------------
BSAI 1 COBLZ Zone 1 Zone 2
----------------------------------------------------------------------------------------------------------------
Yellowfin sole.................. 150 23,338 2,463,587 293,234 826,258
Rock sole/flathead sole/other 0 0 .............. 0
flatfish \2\...................
Greenland turbot/arrowtooth 0 0 .............. 0
flounder/Kamchatka flounder/
sablefish......................
Rockfish April 15-December 31... 4 0 4,069 0 697
Pacific cod..................... 391 2,954 105,008 50,816 34,848
Pollock/Atka mackerel/other 200 197 40,701 4,235 3,485
species \3\....................
-------------------------------------------------------------------------------
Total BSAI trawl limited 745 26,489 2,613,365 348,285 865,288
access PSC.................
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas.
\2\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
species), arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin
sole.
\3\ ``Other species'' for PSC monitoring includes sculpins, sharks, skates, squids, and octopuses.
Note: Species apportionments may not total precisely due to rounding.

Table 11--Proposed 2017 and 2018 Halibut Prohibited Species Bycatch Allowances for Non-Trawl Fisheries
----------------------------------------------------------------------------------------------------------------
Halibut mortality (mt) BSAI
-----------------------------------------------------------------------------------------------------------------
Catcher/
Non-trawl fisheries Seasons processor Catcher vessel All non-trawl
----------------------------------------------------------------------------------------------------------------
Pacific cod...................... Annual Pacific cod.. 648 13 n/a
January 1-June 10.. 388 9 n/a
June 10-August 15.. 162 2 n/a
August 15-December 98 2 n/a
31.
Non-Pacific cod non-trawl--Total. May 1-December 31.. n/a n/a 49
Groundfish pot and jig........... n/a................. n/a n/a Exempt
Sablefish hook-and-line.......... n/a................. n/a n/a Exempt
--------------------------------------------------------
Total for all non-trawl PSC.. n/a................. n/a n/a 710
----------------------------------------------------------------------------------------------------------------

Table 12--Proposed 2017 Prohibited Species Bycatch Allowance for the BSAI Amendment 80 Cooperatives
----------------------------------------------------------------------------------------------------------------
Prohibited species and zones \1\
-------------------------------------------------------------------------------
Cooperative Halibut Red king crab C. opilio C. bairdi (animals)
mortality (mt) (animals) Zone (animals) -------------------------------
BSAI 1 COBLZ Zone 1 Zone 2
----------------------------------------------------------------------------------------------------------------
Alaska Groundfish Cooperative... 474 12,459 1,258,109 82,136 112,839
Alaska Seafood Cooperative...... 1,271 30,834 2,738,371 229,979 324,703
-------------------------------------------------------------------------------
Total....................... 1,745 43,293 3,996,480 312,115 437,542
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of zones.

Halibut Discard Mortality Rates (DMRs)

To monitor halibut bycatch mortality allowances and apportionments,
the Regional Administrator uses observed halibut incidental catch
rates, halibut discard mortality rates (DMRs), and estimates of
groundfish catch to project when a fishery's halibut bycatch mortality
allowance or seasonal apportionment is reached. Halibut incidental
catch rates are based on observers' estimates of halibut incidental
catch in the groundfish fishery. DMRs are estimates of the proportion
of incidentally caught halibut that do not survive after being returned
to the sea. The cumulative halibut mortality that accrues to a
particular halibut PSC limit is the product of a DMR multiplied by the
estimated halibut PSC. DMRs are estimated using the best information
available in conjunction with the annual BSAI stock assessment process.
The DMR methodology and findings are included as an appendix to the
annual BSAI groundfish SAFE report.
Historically, DMRs consisted of long-term averages of annual DMRs
within target fisheries that were defined by management area, CDQ,
gear, and target species. Since the late 1990s, halibut DMRs were
calculated by the International Pacific Halibut Commission (IPHC),
which then provided the estimates to the NMFS for application in
managing halibut bycatch limits. DMRs specified through the Council
process and used for catch accounting by NMFS have consisted of long-
term averages of annual estimates within target fisheries that are
defined by management area, CDQ, gear, and target species. Long-term
averages are taken from annual estimates for the most recent ten-year
period with the number of years with data to support

[[Page 87876]]

annual DMR estimates varying among fisheries. Fishery-specific DMRs,
once calculated, have generally been put in place for three-year
increments.
NMFS proposes to revise methods for estimating DMRs consistent with
those methods developed by the halibut DMR working group and
recommended by the Council at its October 2016 meeting. NMFS proposes
for the 2017 and 2018 BSAI groundfish harvest specifications revised
DMRs consistent with modified DMR estimation methodology. The proposed
change will make the DMR process transparent, transferable, and allow
for review by all agencies/entities involved. The Alaska Region will
program the revised DMRs into its groundfish catch accounting system to
monitor the 2017 and 2018 halibut bycatch allowances (see Tables 8, 10,
11, and 12). The DMRs proposed for 2017 and 2018 BSAI groundfish
harvest specifications reflect an ongoing effort by the Council to
improve the estimation of DMRs in the Alaska groundfish fisheries.
The halibut DMR working group, consisting of the IPHC, Council, and
NMFS Alaska Region staff, recommended the following broad changes to
the DMR estimation method: Implementation of sampling design consistent
with sampling protocols used under the Observer Restructuring Program;
categorization of data of halibut viability based on vessel operations
(sorting and handling practices, gear type, and processing sector)
rather than target fisheries; and revision of reference timeframes to
obtain estimates that are more responsive to changes in how the
groundfish fisheries are observed and managed. These recommendations,
and others, are described below.
Incorporate CDQ with non-CDQ in the calculation of the
DMRs instead of the currently specified DMRs, which calculate DMRs
separately for CDQ and non-CDQ. Regulations allow assignment of CDQ
status to a haul up to two hours after completion of gear retrieval.
Most vessels fishing under the CDQ program also participate in the non-
CDQ fisheries. The size of the haul, fishing operations, and catch-
handling process do not tend to differ compared to the non-CDQ
fisheries. For this reason, CDQ is not a recommended aggregation factor
for estimating DMRs under the revised estimation method.
Revise the DMR estimation methodology for consistency with
the sampling protocols instituted in 2013 through the restructured
Observer Program. The Observer Program randomizes sampling of fishing
trips within operational groupings, sampling of hauls within fishing
trips, and sampling of biological data within hauls. Basing halibut DMR
estimation on a sampling design consistent with Observer Program
sampling protocols should reduce the potential for sampling bias,
improve data on operational causes of variation in post-capture halibut
viability, and promote the ability for NMFS to make timely improvements
to halibut DMR estimation in the future.
Incorporate the use of vessel operations into DMR
estimation methodology. This incorporates data about the viability
(likelihood to survive) of discarded halibut into DMR calculations.
Data based on different vessel operational categories, such as sorting
practices, handling practices, gear type, and processing sectors (i.e.
CVs, CPs, and CVs delivering to motherships), provide better
information on halibut viability. NMFS expects that incorporating this
information into the DMR estimation methodology will yield a more
precise estimate of actual mortality.
Remove the use of target fishery. Fishery targets do not
necessarily characterize statistical and/or vessel operational
differences in the sampling or handling of halibut PSC. Using fishery
target aggregations may have reduced the quality of DMR estimates due
to small sample sizes or by combining vessel operations with very
important differences in sampling and handling characteristics.
Change the reference time-frame for DMR calculations.
Rather than using 10-year average rates, the revised methodology
estimates DMRs based on initial 3-year average rates. Using 2013 as the
starting year is more responsive to, and better aligns DMR calculation
methodology with, the 2013 restructured Observer Program's sampling
protocols. Using 2013 as the base year, NMFS and the Council will
evaluate the time frame each year. Evaluating the time frame each year
will enable NMFS and the Council to update the methodology and the
halibut DMRs based on the best available information.
The working group's discussion paper also included a comparison of
the total amount of halibut mortality that accrues using current DMRs
versus the working group's recommended DMRs. Calculating the 2015
halibut mortality using specified DMRs yielded 2,312 mt of halibut
mortality, whereas using the recommended DMRs yielded 2,299 mt of
halibut morality (a less than one-percent decrease). Calculating the
2016 halibut mortality (through September 2016) yielded 1,701 mt of
halibut mortality, versus 1,663 mt of halibut mortality when applying
the recommended DMRs (a two percent decrease).
These proposed estimation methods, and recommendations for 2017 and
2018 halibut DMRs, were presented to the Plan Team in September 2016.
The Plan Team concurred with the revised methodology, as well as the
working group's halibut DMR recommendations for 2017 and 2018. The
Council agreed with these recommendations at the Council's October 2016
meeting. Additionally, in April 2016 the SSC reviewed the methodology
and made a number of suggestions for improving and refining it. The
working group has incorporated those suggestions into its DMR
estimation methodology. The working group's discussion of the revised
halibut DMR methodology, including the comparative assessment, is
available from the Council (see ADDRESSES). Table 13 lists the proposed
2017 and 2018 DMRs.

Table 13--Proposed 2017 and 2018 Pacific Halibut Discard Mortality Rates for the BSAI
----------------------------------------------------------------------------------------------------------------
Halibut
discard
Gear Sector Groundfish fishery mortality rate
(percent)
----------------------------------------------------------------------------------------------------------------
Pelagic trawl........................... All....................... All....................... 100
Non-pelagic trawl....................... Catcher/Processor and All....................... 85
Mothership.
Non-pelagic trawl....................... Catcher vessel............ All....................... 52
Hook-and-line........................... Catcher vessel............ All....................... 13
Hook-and-line........................... Catcher/Processor......... All....................... 8
Pot..................................... All....................... All....................... 5
----------------------------------------------------------------------------------------------------------------

[[Page 87877]]

Listed AFA Catcher/Processor Sideboard Limits

Pursuant to Sec. 679.64(a), the Regional Administrator is
responsible for restricting the ability of listed AFA catcher/
processors to engage in directed fishing for groundfish species other
than pollock, to protect participants in other groundfish fisheries
from adverse effects resulting from the AFA and from fishery
cooperatives in the directed pollock fishery. These restrictions are
set out as ``sideboard'' limits on catch. The basis for these proposed
sideboard limits is described in detail in the final rules implementing
the major provisions of the AFA (67 FR 79692, December 30, 2002) and
Amendment 80 (72 FR 52668, September 14, 2007). Table 14 lists the
proposed 2017 and 2018 catcher/processor sideboard limits.
All harvests of groundfish sideboard species by listed AFA catcher/
processors, whether as targeted catch or incidental catch, will be
deducted from the sideboard limits in Table 14. However, groundfish
sideboard species that are delivered to listed AFA catcher/processors
by catcher vessels will not be deducted from the 2017 and 2018
sideboard limits for the listed AFA catcher/processors.

Table 14--Proposed 2017 and 2018 BSAI Groundfish Sideboard Limits for Listed American Fisheries Act Catcher/Processors (C/Ps)
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
1995-1997
------------------------------------------------ 2017 and 2018 2017 and 2018
Target species Area Ratio of ITAC available AFA C/P
Retained catch Total catch retained catch to all trawl C/ sideboard
to total catch Ps \1\ limit
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sablefish trawl........................... BS.......................... 8 497 0.016 447 7
AI.......................... 0 145 0 302 0
Greenland turbot.......................... BS.......................... 121 17,305 0.007 2,272 16
AI.......................... 23 4,987 0.005 170 1
Arrowtooth flounder....................... BSAI........................ 76 33,987 0.002 11,900 24
Kamchatka flounder........................ BSAI........................ 76 33,987 0.002 4,250 9
Rock sole................................. BSAI........................ 6,317 169,362 0.037 50,990 1,887
Flathead sole............................. BSAI........................ 1,925 52,755 0.036 18,753 675
Alaska plaice............................. BSAI........................ 14 9,438 0.001 12,325 12
Other flatfish............................ BSAI........................ 3,058 52,298 0.058 2,125 123
Pacific ocean perch....................... BS.......................... 12 4,879 0.002 6,760 14
Eastern AI.................. 125 6,179 0.02 6,731 135
Central AI.................. 3 5,698 0.001 6,251 6
Western AI.................. 54 13,598 0.004 8,037 32
Northern rockfish......................... BSAI........................ 91 13,040 0.007 3,825 27
Rougheye rockfish......................... EBS/EAI..................... 50 2,811 0.018 85 2
CAI/WAI..................... 50 2,811 0.018 170 3
Shortraker rockfish....................... BSAI........................ 50 2,811 0.018 170 3
Other rockfish............................ BS.......................... 18 621 0.029 276 8
AI.......................... 22 806 0.027 468 13
Atka mackerel............................. Central AI.................. n/a n/a 0.115 14,288 1,643
A season \2\................ n/a n/a 0.115 7,144 822
B season \2\................ n/a n/a 0.115 7,144 822
Western AI.................. n/a n/a 0.2 9,377 1,875
A season \2\................ n/a n/a 0.2 4,689 938
B season \2\................ n/a n/a 0.2 4,689 938
Skates.................................... BSAI........................ 553 68,672 0.008 22,100 177
Sculpins.................................. BSAI........................ 553 68,672 0.008 3,825 31
Sharks.................................... BSAI........................ 553 68,672 0.008 106 1
Squids.................................... BSAI........................ 73 3,328 0.022 1,275 28
Octopuses................................. BSAI........................ 553 68,672 0.008 340 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Aleutians Islands Pacific ocean perch, and BSAI Atka mackerel, flathead sole, rock sole, and yellowfin sole are multiplied by the remainder of the
TAC after the subtraction of the CDQ reserve under Sec. 679.20(b)(1)(ii)(C).
\2\ The seasonal apportionment of Atka mackerel in the open access fishery is 50 percent in the A season and 50 percent in the B season. Listed AFA
catcher/processors are limited to harvesting no more than zero in the Eastern Aleutian District and Bering Sea subarea, 20 percent of the annual ITAC
specified for the Western Aleutian District, and 11.5 percent of the annual ITAC specified for the Central Aleutian District.
Note: Section 679.64(a)(1)(v) exempts AFA catcher/processors from a yellowfin sole sideboard limit because the 2017 and 2018 aggregate ITAC of yellowfin
sole assigned to the Amendment 80 sector and BSAI trawl limited access sector is greater than 125,000 mt.

Section 679.64(a)(2) and Tables 40 and 41 to 50 CFR part 679
establish a formula for calculating PSC sideboard limits for listed AFA
catcher/processors. The basis for these sideboard limits is described
in detail in the final rules implementing the major provisions of the
AFA (67 FR 79692, December 30, 2002) and Amendment 80 (72 FR 52668,
September 14, 2007).
PSC species listed in Table 15 that are caught by listed AFA
catcher/processors participating in any groundfish fishery other than
pollock will accrue against the proposed 2017 and 2018 PSC sideboard
limits for the listed AFA catcher/processors. Section 679.21(b)(4)(iii)
and (e)(3)(v) authorizes NMFS to close directed fishing for groundfish
other than pollock for listed AFA catcher/processors once a proposed
2017 or 2018 PSC sideboard limit listed in Table 15 is reached.
Crab or halibut PSC caught by listed AFA catcher/processors while
fishing for pollock will accrue against the PSC allowances annually
specified for either the midwater pollock or the pollock/Atka mackerel/
``other species'' fishery categories, according to Sec.
679.21(b)(1)(ii)(B) and Sec. 679.21(e)(3)(iv).

[[Page 87878]]

Table 15--Proposed 2017 and 2018 BSAI Prohibited Species Sideboard Limits for American Fisheries Act Listed
Catcher/Processors
----------------------------------------------------------------------------------------------------------------
Proposed 2017
and 2018 PSC
available to Proposed 2017
PSC species and area \1\ Ratio of PSC trawl vessels and 2018 C/P
to total PSC after sideboard
subtraction limit \2\
of PSQ \2\
----------------------------------------------------------------------------------------------------------------
BSAI Halibut mortality.......................................... n/a n/a 286
Red king crab Zone 1............................................ 0.007 86,621 606
C. opilio (COBLZ)............................................... 0.153 8,131,191 1,224,072
C. bairdi....................................................... n/a n/a n/a
Zone 1...................................................... 0.14 741,190 103,767
Zone 2...................................................... 0.05 1,848,510 92,426
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas.
\2\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.

AFA Catcher Vessel Sideboard Limits

Pursuant to Sec. 679.64(b), the Regional Administrator is
responsible for restricting the ability of AFA catcher vessels to
engage in directed fishing for groundfish species other than pollock to
protect participants in other groundfish fisheries from adverse effects
resulting from the AFA and from fishery cooperatives in the directed
pollock fishery. Section 679.64(b) establishes formulas for setting AFA
catcher vessel groundfish and PSC sideboard limits for the BSAI. The
basis for these sideboard limits is described in detail in the final
rules implementing the major provisions of the AFA (67 FR 79692,
December 30, 2002) and Amendment 80 (72 FR 52668, September 14, 2007).
Tables 16 and 17 list the proposed 2017 and 2018 AFA catcher vessel
sideboard limits.
All catch of groundfish sideboard species made by non-exempt AFA
catcher vessels, whether as targeted catch or as incidental catch, will
be deducted from the 2017 and 2018 sideboard limits listed in Table 16.

Table 16--Proposed 2017 and 2018 BSAI Groundfish Sideboard Limits for American Fisheries Act Catcher Vessels
(CVs)
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2017 and 2018
Ratio of 1995- 2017 and 2018 AFA catcher
Species Fishery by area/gear/ 1997 AFA CV initial TAC vessel
season catch to 1995- \1\ sideboard
1997 TAC limits
----------------------------------------------------------------------------------------------------------------
Pacific cod........................... BSAI.................... n/a n/a n/a
Jig gear................ 0 3,144 0
Hook-and-line CV........ n/a n/a n/a
Jan 1-Jun 10............ 0.0006 228 0
Jun 10-Dec 31........... 0.0006 219 0
Pot gear CV............. n/a n/a n/a
Jan 1-Jun 10............ 0.0006 9,587 6
Sept 1-Dec 31........... 0.0006 9,211 6
CV <60 ft LOA using hook- 0.0006 4,476 3
and-line or pot gear.
Trawl gear CV........... n/a n/a n/a
Jan 20-Apr 1............ 0.8609 36,732 31,623
Apr 1-Jun 10............ 0.8609 5,460 4,701
Jun 10-Nov 1............ 0.8609 7,446 6,410
Sablefish............................. BS trawl gear........... 0.0906 447 40
AI trawl gear........... 0.0645 302 19
Greenland turbot...................... BS...................... 0.0645 2,272 147
AI...................... 0.0205 170 3
Arrowtooth flounder................... BSAI.................... 0.069 11,900 821
Kamchatka flounder.................... BSAI.................... 0.069 4,250 293
Rock sole............................. BSAI.................... 0.0341 50,990 1,739
Flathead sole......................... BS trawl gear........... 0.0505 18,753 947
Alaska plaice......................... BSAI.................... 0.0441 12,325 544
Other flatfish........................ BSAI.................... 0.0441 2,125 94
Pacific ocean perch................... BS...................... 0.1 6,760 676
Eastern AI.............. 0.0077 6,731 52
Central AI.............. 0.0025 6,251 16
Western AI.............. 0 8,037 0
Northern rockfish..................... BSAI.................... 0.0084 3,825 32
Rougheye rockfish..................... EBS/EAI................. 0.0037 85 0
CAI/WAI................. 0.0037 170 1
Shortraker rockfish................... BSAI.................... 0.0037 170 1
Other rockfish........................ BS...................... 0.0048 276 1
AI...................... 0.0095 468 4
Atka mackerel......................... Eastern AI/BS........... n/a 25,451 n/a
Jan 1-Jun 10............ 0.0032 12,726 41

[[Page 87879]]

Jun 10-Nov 1............ 0.0032 12,726 41
Central AI.............. n/a 14,288 n/a
Jan 1-Jun 10............ 0.0001 7,144 1
Jun 10-Nov 1............ 0.0001 7,144 1
Western AI.............. n/a 9,377 n/a
Jan 1-Jun 10............ 0 4,689 0
Jun 10-Nov 1............ 0 4,689 0
Skates................................ BSAI.................... 0.0541 22,100 1,196
Sculpins.............................. BSAI.................... 0.0541 3,825 207
Sharks................................ BSAI.................... 0.0541 106 6
Squids................................ BSAI.................... 0.3827 1,275 488
Octopuses............................. BSAI.................... 0.0541 340 18
----------------------------------------------------------------------------------------------------------------
\1\ Aleutians Islands Pacific ocean perch, Atka mackerel, flathead sole, rock sole, and yellowfin sole are
multiplied by the remainder of the TAC of that species after the subtraction of the CDQ reserve under Sec.
679.20(b)(1)(ii)(C).
Note: Section 679.64(b)(6) exempts AFA catcher vessels from a yellowfin sole sideboard limit because the 2017
and 2018 aggregate ITAC of yellowfin sole assigned to the Amendment 80 sector and BSAI trawl limited access
sector is greater than 125,000 mt.

Halibut and crab PSC limits listed in Table 17 that are caught by
AFA catcher vessels participating in any groundfish fishery other than
pollock will accrue against the 2017 and 2018 PSC sideboard limits for
the AFA catcher vessels. Section 679.21(b)(4)(iii), (e)(7), and
(e)(3)(v) authorizes NMFS to close directed fishing for groundfish
other than pollock for AFA catcher vessels once a proposed 2017 and
2018 PSC sideboard limit listed in Table 17 is reached. The PSC that is
caught by AFA catcher vessels while fishing for pollock in the Bering
Sea subarea will accrue against the bycatch allowances annually
specified for either the midwater pollock or the pollock/Atka mackerel/
``other species'' fishery categories under Sec. 679.21(b)(1)(ii)(B)
and Sec. 679.21(e)(3)(iv).

Table 17--Proposed 2017 and 2018 American Fisheries Act Catcher Vessel Prohibited Species Catch Sideboard Limits
for the BSAI \1\
----------------------------------------------------------------------------------------------------------------
Proposed 2017
AFA catcher and 2018 PSC Proposed 2017
vessel PSC limit after and 2018 AFA
PSC species and area \1\ Target fishery category \2\ sideboard subtraction catcher vessel
limit ratio of PSQ PSC sideboard
reserves \3\ limit \3\
----------------------------------------------------------------------------------------------------------------
Halibut............................ Pacific cod trawl.......... n/a n/a 887
Pacific cod hook-and-line n/a n/a 2
or pot.
Yellowfin sole total....... n/a n/a 101
Rock sole/flathead sole/ n/a n/a 228
other flatfish \4\.
Greenland turbot/arrowtooth/ n/a n/a 0
Kamchatka flounder/
sablefish.
Rockfish................... n/a n/a 2
Pollock/Atka mackerel/other n/a n/a 5
species \5\.
Red king crab Zone 1............... n/a........................ 0.299 86,621 25,900
C. opilio COBLZ.................... n/a........................ 0.168 8,131,191 1,366,040
C. bairdi Zone 1................... n/a........................ 0.33 741,190 244,593
C. bairdi Zone 2................... n/a........................ 0.186 1,848,510 343,823
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas.
\2\ Target fishery categories are defined at Sec. 679.21(b)(1)(ii)(B).
\3\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
\4\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
species), arrowtooth flounder, flathead sole, Greenland turbot, rock sole, and yellowfin sole.
\5\ ``Other species'' for PSC monitoring includes skates, sculpins, sharks, and octopuses.

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, and subject to further review after public
comment.
This action is authorized under 50 CFR 679.20 and is exempt from
review under Executive Orders 12866 and 13563.
NMFS prepared an EIS for this action and made it available to the
public on January 12, 2007 (72 FR 1512). On February 13, 2007, NMFS
issued the Record of Decision (ROD) for the Final EIS. A Supplemental
Information Report (SIR) that assesses the need to prepare a
Supplemental EIS is being prepared for the final action. Copies of the
Final EIS, ROD, and SIR for this action are available from NMFS (see
ADDRESSES). The Final EIS analyzes the environmental consequences of
the proposed groundfish harvest

[[Page 87880]]

specifications and alternative harvest strategies on resources in the
action area. The Final 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 (RFA),
analyzing the methodology for establishing the relevant TACs. The IRFA
evaluates the impacts on small entities of alternative harvest
strategies for the groundfish fisheries in the exclusive economic zone
off Alaska. As set forth in the methodology, TACs are set to a level
that falls within the range of ABCs recommended by the SSC; the sum of
the TACs must achieve 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 BSAI. The preferred alternative is the
existing harvest strategy in which TACs fall within the range of ABCs
recommended by the SSC, but, as discussed below, NMFS considered other
alternatives. This action is taken in accordance with the FMP prepared
by the Council pursuant to the Magnuson-Stevens Act.
The entities directly regulated by this action are those that
harvest groundfish in the exclusive economic zone of the BSAI and in
parallel fisheries within State waters. These include entities
operating catcher vessels and catcher/processors within the action area
and entities receiving direct allocations of groundfish.
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
engaged in commercial fishing (NAICS code 11411) is classified as a
small business if it is independently owned and operated, is not
dominant in its field of operation (including its affiliates), and has
combined annual receipts not in excess of $11 million for all its
affiliated operations worldwide.
The estimated directly regulated small entities in 2015 include
approximately 152 catcher vessels, four catcher/processors, and six CDQ
groups. Some of these vessels are members of AFA inshore pollock
cooperatives, Gulf of Alaska rockfish cooperatives, or BSAI Crab
Rationalization Program cooperatives, and, since under the RFA it is
the aggregate gross receipts of all participating members of the
cooperative that must meet the ``under $11 million'' threshold, they
are considered to be large entities within the meaning of the RFA.
Thus, the estimate of 152 catcher vessels may be an overstatement of
the number of small entities. Average gross revenues were $520,000 for
small hook-and-line vessels, $1.29 million for small pot vessels, and
$2.99 million for small trawl vessels. Revenue data for catcher/
processors is confidential; however, in 2015, NMFS estimates that there
were four catcher/processor small entities with gross receipts less
than $11 million.
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 BSAI OY, in which
case TACs would have been limited to the OY. Alternative 3 would have
set TACs to produce fishing rates equal to the most recent 5-year
average fishing rates. Alternative 4 would have set TACs equal to the
lower limit of the BSAI 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 2016, as per Alternative 2. OFLs and
ABCs for the species were based on recommendations prepared by the
Council's BSAI Groundfish Plan Team in September 2016, and reviewed and
modified by the Council's SSC in October 2016. 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 BSAI OY of two million mt. As
shown in Table 1 of the preamble, the sum of ABCs in 2017 and 2018
would be about 3,128,135 mt, which falls above the upper bound of the
OY range. The sum of TACs is equal to 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.
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.
NMFS annually conducts at-sea stock surveys for different species, as
well as statistical modeling, to estimate stock sizes and permissible
harvest levels. Actual harvest rates or harvest amounts are a component
of these estimates, but in and of themselves may not accurately portray
stock sizes and conditions. Harvest rates are listed for each species
category for each year in the SAFE report (see ADDRESSES).
Alternative 4 would lead to significantly lower harvests of all
species and reduce TACs from the upper end of the OY range in the BSAI,
to its lower end of 1.4 million mt. Overall, this would reduce 2017
TACs by about 30 percent, which would lead to significant reductions in
harvests of species by small entities. While reductions of this size
would be associated with offsetting price increases, the size of these
increases is very uncertain. While production declines in the BSAI
would undoubtedly be associated with significant price increases in the
BSAI, these increases would still be constrained by production of
substitutes, and are very unlikely to offset revenue declines from
smaller production. Thus, this alternative action would have a
detrimental impact on small entities.
Alternative 5, which sets all harvests equal to zero, would have a
significant adverse 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 proposed harvest specifications extend the current 2017 OFLs,
ABCs, and TACs to 2017 and 2018. As noted in the IRFA, the Council may
modify these OFLs, ABCs, and TACs in December 2016, when it reviews the
November 2016 SAFE report from its groundfish Plan Team, and the
December Council meeting reports of its SSC and AP. Because 2017 TACs
in the proposed 2017 and 2018 harvest specifications are unchanged from
the 2017 harvest specification TACs, NMFS does not expect adverse
impacts on small entities. Also, NMFS does not expect any changes made
by the Council in December 2016 to be large enough to have an impact on
small entities.

[[Page 87881]]

This action does not modify recordkeeping or reporting
requirements, or duplicate, overlap, or conflict with any Federal
rules.
Adverse impacts on marine mammals resulting from fishing activities
conducted under these harvest specifications are discussed in the Final
EIS (see ADDRESSES), and in the 2016 SIR (https://alaskafisheries.noaa.gov/sites/default/files/sir-2016-17.pdf).

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 30, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2016-29152 Filed 12-5-16; 8:45 am]
BILLING CODE 3510-22-P

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