Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; 2018 and 2019 Harvest Specifications for Groundfish, 57906-57924 [2017-26477]
Download as PDF
<![CDATA[
57906
Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules
sradovich on DSK3GMQ082PROD with PROPOSALS
child interactions and classroom
processes in three broad domains that
support children’s learning and
development: Emotional Support,
Classroom Organization, and
Instructional Support.
Changes to CLASS Condition Under
Consideration
Since HHS established the DRS, all
grantees that had indefinite project
periods have completed the DRS
process. Based on CLASS data,
observations collected throughout these
cohorts, results of a recent evaluation,
and feedback from the community, we
are considering changes to the CLASS
condition of the DRS in order to better
improve implementation of the system.
There are concerns about some aspects
of the CLASS condition of the DRS that
have been raised by Head Start grantees
as well as in the recent evaluation. First,
the requirement for grantees with the
lowest 10 percent of scores on any of the
three CLASS domains to compete may
not be optimally targeting the grantees
for competition with the lowest
measures of classroom quality. For
example, grantees have been required to
compete due to an Emotional Support
score of 5.69, which is very close to the
Standard of Excellence (a 6—which
developers of the CLASS deem the
highest quality), while grantees very
close to the minimum threshold in
Instructional Support (e.g., score of 2.3)
do not have to compete. We are
considering an approach to establish
higher specific thresholds that
demonstrate an established acceptable
level of quality in Emotional Support
and Classroom Organization and an
adjustable threshold for the
Instructional Support domain where
there is the greatest potential and need
for program improvement.
Second, we understand that the delay
between completion of the CLASS
review and grantees knowing their DRS
designation status, due to the need to
collect and analyze a full monitoring
year’s CLASS scores to determine the
lowest 10 percent, creates uncertainty,
stress, and concern among grantees,
grantee staff, and families. Because
classroom quality in Head Start
programs is improving, as demonstrated
by recent analysis of data from the 2006,
2009, and 2014 cohorts of the Head Start
Family and Child Experiences Survey
(FACES),1 we are exploring options for
the CLASS condition that would better
balance an ability to drive quality
1 Aikens, N., Bush, C., Gleason, P., Malone, L., &
Tarullo, L. (2016). Tracking Quality in Head Start
Classrooms: FACES 2006 to FACES 2014.
Washington, DC: U.S. Department of Health and
Human Services.
VerDate Sep<11>2014
18:45 Dec 07, 2017
Jkt 244001
improvement over time with an
approach that would be more
transparent, timely, and less
burdensome for programs.
To inform our development of a
notice of proposed rulemaking to
change the DRS CLASS condition to
meet the objectives described above, we
are requesting public comments on
several specific changes being
considered. The changes under
consideration are as follows:
1. Remove the ‘‘lowest 10 percent’’
provision of the CLASS condition
described in 45 CFR 1304.11(c)(2).
2. Increase the minimum threshold
described in 45 CFR 1304.11(c)(1)(i) for
the Emotional Support domain from 4 to
5.
3. Increase the minimum threshold
described in 45 CFR 1304.11(c)(1)(ii) for
Classroom Organization from 3 to 5.
4. Remove the minimum threshold for
the Instructional Support domain
described in 45 CFR 1304.11(c)(1)(iii)
and instead provide authority for the
Secretary to set an absolute minimum
threshold for the Instructional Support
domain, considering the most recent
CLASS data, by August 1 of each year
to be used for CLASS Reviews
conducted in the following fiscal year
(October 1 through September 30).
Together, these changes would allow
grantees to know by August 1, before
CLASS Reviews are conducted for the
coming fiscal year, the exact threshold
of classroom quality in each of the three
domains that will be used to determine
which grantees will be subject to an
open competition for funding and
which grantees will receive renewed
funding non-competitively. Grantees
would no longer have to wait until
several months following the conclusion
of the CLASS reviews for the fiscal year
(September 30) to learn the lowest 10
percent cutoff in each of the 3 domains.
Setting minimum thresholds of 5 in the
Emotional Support and Classroom
Organization domains would set a clear
and consistent expectation of quality for
all Head Start programs. Allowing the
Secretary to set the minimum threshold
in the Instructional Support domain
prior to the start of each program year
and monitoring year would allow for
consideration of the most recent CLASS
data for Head Start grantees while still
supporting continuous quality
improvement across the program as a
whole.
What We Are Looking for in Public
Comments
We invite comments about the
specific changes being considered for
the DRS CLASS condition. We also
invite comments about any unintended
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
consequences of removing the lowest 10
percent condition and whether an
absolute threshold could influence
scores. We are particularly interested in
recommendations related to how the
Secretary would consider establishing
the minimum threshold for Instructional
Support each year. For example, the
regulation could establish an initial
Instructional Support threshold (e.g., 2.3
or 2.5) that could be raised in
increments of 0.1 based on certain
criteria related to the available CLASS
data from all prior years of Head Start
monitoring, or the threshold could be
set one standard deviation below the
mean Instructional Support score over
the 3 or 5 previous fiscal years. We are
interested in other ideas of ways the
Instructional Support threshold could
be set and/or adjusted that would
incentivize program improvement while
acknowledging the current state of the
field. We are also interested in feedback
on another potential change to establish
or maintain a minimum absolute
threshold (such as a 2) that would
require competition and a higher
threshold (such as 2.5 or 3) and require
grantees to focus on quality
improvement before they were
reevaluated to see if their Instructional
Support score has improved. Only
grantees without improvement or still
below the threshold would then have to
compete. We are interested in feedback
on each of these possible approaches as
well as others suggested by the field.
If commenters do not support the
changes being considered, comments
offering alternative proposals to the
CLASS condition or to other conditions
of the DRS would be particularly
helpful.
Dated: December 5, 2017.
Ann Linehan,
Acting Director, Office of Head Start.
[FR Doc. 2017–26483 Filed 12–7–17; 8:45 am]
BILLING CODE 4184–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 170817779–7779–01]
RIN 0648–XF636
Fisheries of the Exclusive Economic
Zone Off Alaska; Bering Sea and
Aleutian Islands; 2018 and 2019
Harvest Specifications for Groundfish
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
E:\FR\FM\08DEP1.SGM
08DEP1
Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
NMFS proposes 2018 and
2019 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 2018
and 2019 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 8, 2018.
ADDRESSES: Submit your comments,
identified by NOAA–NMFS–2017–0108,
by either of the following methods:
• Federal e-Rulemaking Portal: Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20170108, 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: NMFS may not consider
comments if they are sent by any other
method, to any other address or
individual, or received after the
comment period ends. All comments
received are a part of the public record,
and NMFS will post the comments 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 is
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://alaska
fisheries.noaa.gov. The final 2016 Stock
sradovich on DSK3GMQ082PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
18:45 Dec 07, 2017
Jkt 244001
Assessment and Fishery Evaluation
(SAFE) report for the groundfish
resources of the BSAI, dated November
2016, 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 2017 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 of TACs for all
groundfish species in the BSAI 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, Community
Development Quota (CDQ) reserve
amounts established by
§ 679.20(b)(1)(ii), and acceptable
biological catch (ABC) surpluses and
reserves for CDQ groups and
Amendment 80 cooperatives for
flathead sole, rock sole, and yellowfin
sole. The proposed harvest
specifications set forth in Tables 1
through 16 of this action satisfy these
requirements.
Under § 679.20(c)(3), NMFS will
publish the final harvest specifications
for 2018 and 2019 after (1) considering
comments received within the comment
period (see DATES), (2) consulting with
the Council at its December 2017
meeting, (3) considering information
presented in the SIR to the EIS that
assesses the need to prepare a
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
57907
Supplemental EIS (see ADDRESSES), and
(4) considering information presented in
the final 2017 SAFE reports prepared for
the 2018 and 2019 groundfish fisheries.
Other Actions Affecting the 2018 and
2019 Harvest Specifications
Amendment 117: Reclassify Squid as an
Ecosystem Species
In June 2017, the Council
recommended for Secretarial review
Amendment 117 to the FMP.
Amendment 117 would reclassify squid
in the FMP as an ‘‘Ecosystem
Component’’ species, which is a
category of non-target species that are
not in need of conservation and
management. Currently, NMFS annually
sets an Overfishing Level (OFL), ABC,
and TAC for squid in the BSAI
groundfish harvest specifications. Under
Amendment 117, OFL, ABC, and TAC
specifications would no longer be
required. Proposed regulations to
implement Amendment 117 would
prohibit directed fishing for squid,
require recordkeeping and reporting to
monitor and report catch of squid
species annually, and establish a squid
maximum retainable amount when
directed fishing for groundfish species
at 20 percent to discourage retention,
while allowing flexibility to prosecute
groundfish fisheries. Further details will
be available on publication of the
proposed rule for Amendment 117. If
Amendment 117 and its implementing
regulations are approved by the
Secretary of Commerce, Amendment
117 and its implementing regulations
are anticipated to be effective by 2019.
Until Amendment 117 is effective,
NMFS will continue to publish OFLs,
ABCs, and TACs for squid in the BSAI
groundfish harvest specifications.
Alaska Guideline Harvest Levels
The Alaska Board of Fisheries (BOF),
a regulatory body for the Alaska
Department of Fish and Game,
established a guideline harvest level
(GHL) in State of Alaska (State) waters
between 164 and 167 degrees west
longitude in the Bering Sea subarea (BS)
equal to 6.4 percent of the Pacific cod
ABC for the BS. The Council
recommends that the proposed 2018
and 2019 Pacific cod TACs
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 208,265 mt.
E:\FR\FM\08DEP1.SGM
08DEP1
57908
Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules
sradovich on DSK3GMQ082PROD with PROPOSALS
Accordingly, the Council recommends
the proposed 2018 and 2019 Pacific cod
TACs in the BS to account for State
GHLs.
For 2018 and 2019, 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 that
the proposed 2018 and 2019 Pacific cod
TACs 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
21,500 mt. Accordingly, the Council
recommends that the proposed 2018
and 2019 Pacific cod TACs in the AI
account for State GHLs.
Proposed ABC and TAC Harvest
Specifications
At the October 2017 Council meeting,
the SSC, AP, and Council reviewed the
most recent biological and harvest
information on the condition of the
BSAI groundfish stocks. The Plan Team
compiled and presented this
information, which was initially
compiled by the Plan Team and
presented in the final 2016 SAFE report
for the BSAI groundfish fisheries, dated
November 2016 (see ADDRESSES).
The Council recommends and NMFS
proposes a reduction in the Pacific cod
OFL, ABC, and TAC levels as compared
to those levels implemented for Pacific
cod in the 2017 and 2018 final BSAI
groundfish harvest specifications
published in February 2017 (82 FR
11826, February 27, 2017). The only
changes to the proposed 2018 and 2019
harvest specifications from the final
2018 harvest specifications are
associated with a decrease in Pacific cod
OFL, ABC, and TAC in the BS and
increases in pollock TAC amounts in
the BS, Atka mackerel, Pacific ocean
perch, and rock sole TAC amounts in
the BSAI. The net increases of TAC
equal the decrease of Pacific cod TAC,
and leave the sum of the TACs equal to
2.0 million mt. The Council concurred
with its SSC’s recommendation to
reduce the Pacific cod OFL and ABC, as
well as its AP’s recommendation for a
corresponding reduction in the Pacific
cod TAC. The reductions to the Pacific
cod OFL, ABC, and TAC are the result
of preliminary 2017 BSAI bottom trawl
survey data, as well as other data, that
recently became available to stock
assessment scientists.
Based on the results of the 2017 BSAI
bottom trawl survey estimates and
preliminary modeling for the Pacific cod
stock assessment, the Pacific cod
VerDate Sep<11>2014
18:45 Dec 07, 2017
Jkt 244001
biomass and abundance has decreased
significantly since the 2016 BSAI
bottom trawl survey. This decrease is
corroborated by additional data sets that
appear to support the trawl survey
results associated with a decrease in the
Pacific cod biomass. This information
led to the recommended reduction in
the proposed 2018 and 2019 Pacific cod
OFL and ABC. The SSC opted to
recommend a proposed 2018 OFL and
ABC based on the average of the current
2018 OFL and ABC amounts and
preliminary Tier 5 OFL and ABC
amounts provided by the Pacific cod
stock assessment author. This
precautionary approach provides a
strong indication of decreases in the
OFL and ABC amounts for the final
harvest specifications. However, this
was a temporary approach used only for
these proposed specifications, and
Pacific cod remains in Tier 3a. The SSC
also strongly noted that the final 2018
and 2019 harvest specifications for
Pacific cod could be even lower than
those recommended in the proposed
2018 and 2019 harvest specifications
once the stock assessment process has
been completed and reviewed by
December 2017.
The proposed Pacific cod OFL, ABC,
and TAC amounts likely will further
change once the Pacific cod stock
assessment is finalized, reviewed by the
Council’s groundfish Plan Team in
November, and then subsequently
reviewed by the SSC, AP, and Council
in December 2017. The proposed
reductions to Pacific cod OFL, ABC, and
TAC amounts apply in the BS, while for
the AI, the proposed OFL, ABC, and
TAC amounts are unchanged from the
final 2018 amounts. The Council
increased the proposed TACs of Atka
mackerel, Pacific ocean perch, pollock,
and rock sole to match the decrease of
Pacific cod TAC in the BS, and these
TACs could also change in the final
specifications based on the final Pacific
cod harvest amounts.
The amounts proposed for the 2018
and 2019 harvest specifications are
based on the 2016 SAFE report, and
initial survey data, and are subject to
change in the final harvest
specifications to be published by NMFS
following the Council’s December 2017
meeting. In November 2017, the Plan
Team will update the 2016 SAFE report
to include new information collected
during 2017, such as NMFS stock
surveys, revised stock assessments, and
catch data. At its December 2017
meeting, the Council will consider
information contained in the final 2017
SAFE report, recommendations from the
November 2017 Plan Team meeting,
public testimony from the December
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
2017 SSC and AP meetings, and
relevant written comments in making its
recommendations for the final 2018 and
2019 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.
Any changes will be recommended by
the Plan Team in November 2017 and
then included in the final 2017 SAFE
report. The final 2017 SAFE report will
include the most recent information,
such as catch data.
The final harvest specification
amounts for these stocks are not
expected to vary greatly from the
proposed harvest specification amounts
published here, except that Pacific cod
harvest amounts could change and even
decrease further, which could impact
other TAC amounts in order to achieve
OY, as explained earlier in this
preamble. If the final 2017 SAFE report
indicates that the stock biomass trend is
increasing for a species, then the final
2018 and 2019 harvest specifications
may reflect an increase from the
proposed harvest specifications.
Conversely, if the final 2017 SAFE
report indicates that the stock biomass
trend is decreasing for a species, then
the final 2018 and 2019 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 and the
SSC, if setting TACs equal to ABCs
would cause total TACs to exceed an
OY of 2 million mt. Generally, total
ABCs greatly exceed 2 million mt in
years with a large pollock biomass.
NMFS anticipates that, both for 2018
and 2019, the sum of the ABCs will
exceed 2 million mt. NMFS expects that
the final total TAC for the BSAI for both
2018 and 2019 will equal 2 million mt
each year.
The proposed OFLs, 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
E:\FR\FM\08DEP1.SGM
08DEP1
Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules
biomass. In general, the development of
ABCs and 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 2017, the SSC adopted the
proposed 2018 and 2019 OFLs and
ABCs recommended by the Plan Team
for all groundfish species, with the
exception of the decreases for Pacific
cod OFL and ABC in the BS. The
Council adopted the SSC’s OFL and
ABC recommendations. These amounts
are unchanged from the final 2018
harvest specifications published in the
Federal Register on February 27, 2017
(82 FR 11826), with the exception of the
decreases for BS Pacific cod OFL, ABC,
and TAC and the related increases for
Atka mackerel, Pacific ocean perch,
pollock, and rock sole TAC amounts.
The Council adopted the AP’s TAC
recommendations. For 2018 and 2019,
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 2018 and 2019 ABCs for all
assessed groundfish is 4,167,913 mt,
which is less than the final 2018 ABC
total in the final 2017 and 2018 BSAI
harvest specifications to account for the
decrease in BS Pacific cod ABC (82 FR
11826, February 27, 2017). The sum of
TACs is the same as the final 2018 TAC
total in the final 2017 and 2018 BSAI
harvest specifications, but the proposed
harvest specifications reflect the
decrease in the BS Pacific cod TAC
amount and the corresponding increases
in Atka mackerel, Pacific ocean perch,
pollock, and rock sole TAC amounts.
Specification and Apportionment of
TAC Amounts
The Council recommended proposed
TACs for 2018 and 2019 Bering Sea and
Eastern Aleutian Islands Atka mackerel
that are equal to the proposed ABCs.
The Council recommended proposed
TACs less than the respective proposed
ABCs for all other TACs. 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
57909
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
2017 SAFE report and the Council’s
recommendations for final 2018 and
2019 harvest specifications during its
December 2017 meeting. These
proposed amounts are consistent with
the biological condition of groundfish
stocks as described in the 2016 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 2018 and 2019 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 2018 AND 2019 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 2018 and 2019
Species
Area
ITAC 2
OFL
Pollock 4 ...................................................
Pacific cod 5 .............................................
Sablefish ..................................................
Yellowfin sole ...........................................
Greenland turbot ......................................
sradovich on DSK3GMQ082PROD with PROPOSALS
Arrowtooth flounder .................................
Kamchatka flounder .................................
Rock sole 6 ...............................................
Flathead sole 7 .........................................
Alaska plaice ...........................................
Other flatfish 8 ..........................................
Pacific Ocean perch ................................
Northern rockfish .....................................
Blackspotted and Rougheye rockfish 10 ..
Shortraker rockfish ...................................
Other rockfish 10 .......................................
Atka mackerel ..........................................
VerDate Sep<11>2014
18:45 Dec 07, 2017
Jkt 244001
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 ...........
CAI .................
PO 00000
Frm 00024
ABC
TAC
4,360,000
49,291
130,428
258,687
28,700
1,519
2,072
276,000
12,831
n/a
n/a
67,023
10,700
147,300
79,136
36,900
17,591
51,950
n/a
n/a
n/a
n/a
15,854
750
n/a
n/a
666
1,816
n/a
n/a
99,900
n/a
n/a
2,979,000
40,788
97,428
208,265
21,500
1,291
1,758
250,800
10,864
9,484
1,380
58,633
9,200
143,100
66,164
32,100
13,193
42,735
11,924
10,074
7,828
12,909
12,947
614
374
240
499
1,362
791
571
85,000
34,000
29,600
1,359,858
19,000
500
194,936
15,695
1,274
1,735
154,000
4,500
4,375
125
14,000
5,000
50,100
15,500
13,000
2,500
40,400
11,000
9,900
7,500
12,000
5,000
225
100
125
125
875
325
550
69,410
34,000
21,500
Fmt 4702
Sfmt 4702
E:\FR\FM\08DEP1.SGM
08DEP1
1,223,872
17,100
500
174,078
14,016
541
369
137,522
3,825
3,719
106
11,900
4,250
44,739
13,842
11,050
2,125
35,604
9,350
8,841
6,698
10,716
4,250
191
85
106
106
744
276
468
61,983
30,362
19,200
CDQ 3 4
135,986
1,900
........................
20,858
1,679
175
293
16,478
n/a
468
........................
1,498
........................
5,361
1,659
........................
........................
n/a
........................
1,059
803
1,284
........................
........................
........................
........................
........................
........................
........................
........................
7,427
3,638
2,301
57910
Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules
TABLE 1—PROPOSED 2018 AND 2019 OVERFISHING LEVEL (OFL), ACCEPTABLE BIOLOGICAL CATCH (ABC), TOTAL ALLOWABLE CATCH (TAC), INITIAL TAC (ITAC), AND CDQ RESERVE ALLOCATION OF GROUNDFISH IN THE BSAI 1—
Continued
[Amounts are in metric tons]
Proposed 2018 and 2019
Species
Area
OFL
ABC
ITAC 2
TAC
CDQ 3 4
Skates ......................................................
Sculpins ...................................................
Sharks ......................................................
Squids ......................................................
Octopuses ................................................
WAI ................
BSAI ...............
BSAI ...............
BSAI ...............
BSAI ...............
BSAI ...............
n/a
46,583
56,582
689
6,912
4,769
21,400
39,008
42,387
517
5,184
3,576
13,910
26,000
4,500
125
1,342
400
12,422
22,100
3,825
106
1,141
340
1,488
........................
........................
........................
........................
........................
TOTAL ..............................................
........................
5,764,649
4,167,913
2,000,000
1,790,119
196,927
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 BS includes the Bogoslof District.
2 Except for pollock, the portion of the sablefish TAC allocated to hook-and-line or 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. For pollock and Amendment 80 species, ITAC is the
non-CDQ allocation of TAC.
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, 7.5 percent of the sablefish TAC is allocated to trawl gear, and 10.7 percent of the TACs for
Bering Sea Greenland turbot and arrowtooth flounder are reserved for use by CDQ participants (see §§ 679.20(b)(1)(ii)(B) and (D)). The 2018
hook-and-line or pot gear portion of the sablefish ITAC and CDQ reserve will not be specified until the final 2018 and 2019 harvest specifications. Aleutian Islands Greenland turbot, ‘‘other flatfish,’’ Alaska plaice, Bering Sea Pacific ocean perch, Kamchatka flounder, northern rockfish,
shortraker rockfish, blackspotted and 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 BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (3.9 percent), is further allocated by sector for a pollock directed fishery as follows: inshore—50 percent;
catcher/processor—40 percent; and motherships—10 percent. Under § 679.20(a)(5)(iii)(B)(2), the annual AI 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 BS Pacific cod TAC is set less than 6.4 percent of the BS ABC to account for the State’s guideline harvest level in State waters of the
BS. The AI Pacific cod TAC is set less than 27 percent of the AI ABC to account for the State guideline harvest level in State waters of the AI.
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 ‘‘Blackspotted and Rougheye rockfish’’ includes Sebastes melanostictus (blackspotted) and Sebastes aleutianus (rougheye).
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 (BSAI=Bering Sea and Aleutian Islands management area, BS=Bering Sea subarea, AI=Aleutian Islands subarea, EAI=Eastern Aleutian district, CAI=Central Aleutian district, WAI=Western Aleutian district.)
sradovich on DSK3GMQ082PROD 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 and 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 or 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 TACs 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,
VerDate Sep<11>2014
18:45 Dec 07, 2017
Jkt 244001
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 pursuant to
§ 679.20(a)(5)(ii) because the Bogoslof
Area is closed to directed fishing for
pollock by regulation
(§ 679.22(a)(7)(i)(B)). With the exception
of the hook-and-line or 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 3.9
percent or 47,731 mt of the BS 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 2017.
During this 18-year period, the pollock
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
incidental catch ranged from a low of
2.4 percent in 2006 to a high of 4.8
percent in 2014, with a 18-year average
of 3.3 percent. Pursuant to
§§ 679.20(a)(5)(iii)(B)(2)(i) and (ii),
NMFS proposes a pollock ICA of 14
percent or 2,400 mt of the AI 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 2017.
During this 15-year period, the
incidental catch of pollock ranged from
a low of 5 percent in 2006 to a high of
17 percent in 2014, with a 15-year
average of 8 percent.
Pursuant to §§ 679.20(a)(8) and (10),
NMFS proposes ICAs of 4,000 mt of
flathead sole, 6,000 mt of rock sole,
4,000 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
E:\FR\FM\08DEP1.SGM
08DEP1
Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules
mt of Western Aleutian District Atka
mackerel, 75 mt of Central Aleutian
District Atka mackerel, and 800 mt of
Eastern Aleutian District and Bering Sea
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 2017.
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 are consistent with
§ 679.20(a)(3) and 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
BS pollock TAC be apportioned as a
DFA, after subtracting 10 percent for the
CDQ Program and 3.9 percent for the
ICA, as follows: 50 percent to the
inshore sector, 40 percent to the
catcher/processor sector, and 10 percent
to the mothership sector. In the BS, 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
TAC remaining in the AI 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)). In the AI, the
total A season apportionment of the
pollock TAC (including the AI directed
fishery allocation, the CDQ allowance,
and the ICA) may equal up to 40 percent
of the ABC for AI pollock, 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 2018 and 2019 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 pollock
ABC. In Area 541, the A season pollock
harvest limit is no more than 30 percent
of the Aleutian Islands pollock ABC.
Section 679.20(a)(5)(i)(A)(4) also
includes several specific requirements
regarding BS 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
57911
percent of the pollock allocated to the
catcher/processor sector. Table 2 lists
the proposed 2018 and 2019 allocations
of pollock TAC. Tables 13 through 16
list the AFA catcher/processor and
catcher vessel harvesting sideboard
limits. The BS 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 2018 have
not been submitted to NMFS, and
NMFS therefore cannot calculate 2018
allocations, NMFS has not included
inshore cooperative text and tables in
these proposed harvest specifications.
NMFS will post 2018 AFA inshore
pollock cooperative and open access
sector 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.
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 12:00
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
2018 and 2019 amounts by sector.
TABLE 2—PROPOSED 2018 AND 2019 ALLOCATIONS OF POLLOCK TACs TO THE DIRECTED POLLOCK FISHERIES AND TO
THE CDQ DIRECTED FISHING ALLOWANCES (DFA) 1
[Amounts are in metric tons]
2018 and
2019
allocations
sradovich on DSK3GMQ082PROD with PROPOSALS
Area and sector
Bering Sea subarea TAC ................................................................................
CDQ DFA .........................................................................................................
ICA 1 .................................................................................................................
AFA Inshore .....................................................................................................
AFA Catcher/Processors 3 ...............................................................................
Catch by C/Ps ..........................................................................................
Catch by C/Vs 3 ........................................................................................
Unlisted C/P Limit 4 ............................................................................
AFA Motherships .............................................................................................
Excessive Harvesting Limit 5 ............................................................................
Excessive Processing Limit 6 ...........................................................................
Total Bering Sea DFA (non-CDQ) ...................................................................
Aleutian Islands 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
18:45 Dec 07, 2017
Jkt 244001
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
1,359,858
135,986
47,731
588,071
470,456
430,468
39,989
2,352
117,614
205,825
352,842
1,176,141
40,788
19,000
1,900
2,400
14,700
n/a
12,236
6,118
2,039
A season 1
A season DFA
n/a
61,194
n/a
264,632
211,705
193,710
17,995
1,059
52,926
n/a
n/a
529,264
n/a
n/a
760
1,200
14,355
n/a
n/a
n/a
n/a
E:\FR\FM\08DEP1.SGM
08DEP1
B season 1
SCA harvest
limit 2
n/a
38,076
n/a
164,660
131,728
n/a
n/a
n/a
32,932
n/a
n/a
329,320
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
B season DFA
n/a
74,792
n/a
323,439
258,751
236,757
21,994
1,294
64,688
n/a
n/a
646,878
n/a
n/a
1,140
1,200
345
n/a
n/a
n/a
n/a
57912
Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules
TABLE 2—PROPOSED 2018 AND 2019 ALLOCATIONS OF POLLOCK TACs TO THE DIRECTED POLLOCK FISHERIES AND TO
THE CDQ DIRECTED FISHING ALLOWANCES (DFA) 1—Continued
[Amounts are in metric tons]
2018 and
2019
allocations
Area and sector
Bogoslof District ICA 8 ......................................................................................
A season 1
A season DFA
500
B season 1
SCA harvest
limit 2
n/a
B season DFA
n/a
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 (3.9
percent), is allocated as a DFA as follows: inshore sector–50 percent, catcher/processor sector(C/Ps)–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), the annual AI pollock TAC, after subtracting first for the CDQ
DFA (10 percent) and second for 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 up to 40 percent of the ABC, and the B season is allocated the remainder of the directed pollock fishery.
2 In the Bering Sea subarea, pursuant to § 679.20(a)(5)(i)(c), 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 C/Ps shall be available for harvest only by eligible
catcher vessels (CVs) delivering to listed CPs.
4 Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted C/Ps are limited to harvesting not more than 0.5 percent of the C/Ps 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 non-CDQ
pollock DFAs.
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 non-CDQ
pollock DFAs.
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 Pursuant to § 679.22(a)(7)(i)(B), 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, ICAs
for the BSAI trawl limited access sector
and non-trawl gear sectors, and the jig
gear allocation (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
TAC may be allocated to vessels using
jig gear. The percent 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 TAC in
the Eastern Aleutian District and Bering
Sea subarea to jig gear in 2018 and 2019.
This percentage is applied to the TAC
after subtracting the CDQ reserve.
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° 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
6 to 50 CFR part 679 and located in
Areas 541, 542, and 543.
One Amendment 80 cooperative has
formed for the 2018 fishing year.
Because all Amendment 80 vessels are
part of the cooperative, no allocation to
the Amendment 80 limited access sector
is required.
Table 3 lists the 2018 and 2019 Atka
mackerel season allowances, area
allowances, and the sector allocations.
The 2019 allocations for 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, 2018.
NMFS will post 2019 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, 2019,
based on the harvest specifications
effective on that date.
sradovich on DSK3GMQ082PROD with PROPOSALS
TABLE 3—PROPOSED 2018 AND 2019 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]
2018 and 2019 allocation by area
Eastern
Aleutian
District/Bering
Sea
Sector 1
Season 2 3 4
TAC .................................................................
n/a ..................................................................
VerDate Sep<11>2014
18:45 Dec 07, 2017
Jkt 244001
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
34,000
E:\FR\FM\08DEP1.SGM
08DEP1
Central
Aleutian
District 5
21,500
Western
Aleutian
District 5
13,910
57913
Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules
TABLE 3—PROPOSED 2018 AND 2019 SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, CDQ RESERVE,
INCIDENTAL CATCH ALLOWANCE, AND AMENDMENT 80 ALLOCATIONS OF THE BSAI ATKA MACKEREL TAC—Continued
[Amounts are in metric tons]
2018 and 2019 allocation by area
Eastern
Aleutian
District/Bering
Sea
Sector 1
Season 2 3 4
CDQ reserve ...................................................
Total ...............................................................
A .....................................................................
Critical habitat 5 ..............................................
B .....................................................................
Critical habitat 5 ..............................................
n/a ..................................................................
Total ...............................................................
Total ...............................................................
Total ...............................................................
A .....................................................................
Critical habitat 5 ..............................................
B .....................................................................
Critical habitat 5 ..............................................
Total ...............................................................
A .....................................................................
Critical habitat 5 ..............................................
B .....................................................................
Critical habitat 5 ..............................................
non-CDQ TAC .................................................
Jig 6 .................................................................
ICA ..................................................................
BSAI trawl limited access ...............................
Amendment 80 ................................................
3,638
1,819
n/a
1,819
n/a
30,362
152
800
2,941
1,471
n/a
1,471
n/a
26,469
13,235
n/a
13,235
n/a
Central
Aleutian
District 5
Western
Aleutian
District 5
2,301
1,150
690
1,150
690
19,200
........................
75
1,912
956
574
956
574
17,212
8,606
5,164
8,606
5,164
1,488
744
447
744
447
12,422
........................
20
........................
........................
........................
........................
........................
12,402
6,201
3,720
6,201
3,720
sradovich on DSK3GMQ082PROD with PROPOSALS
1 Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, the jig gear allocation, and ICAs, to the
Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited
access sectors is established in Table 33 to part 679 and § 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants
(see §§ 679.20(b)(1)(ii)(C) and 679.31).
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 Steller sea
lion critical habitat; § 679.20(a)(8)(ii)(C)(1)(ii) equally divides the annual TACs between the A and B seasons as defined at § 679.23(e)(3); and
§ 679.20(a)(8)(ii)(C)(2) requires the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
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. The amount of this allocation is proposed at 0.5 percent. The jig gear allocation is not apportioned by
season.
Allocation of the Pacific Cod TAC
The Council separated Bering Sea and
Aleutian Islands subarea OFLs, ABCs,
and TACs for Pacific cod in 2014 (79 FR
12108, March 4, 2014). 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. If
the non-CDQ Pacific cod TAC is or will
be reached in either the BS or the AI,
NMFS will prohibit non-CDQ directed
fishing for Pacific cod in that subarea,
as provided in § 679.20(d)(1)(iii).
As explained earlier in the ‘‘Proposed
ABC and TAC Harvest Specifications’’
section, the Council recommended
reduced Pacific cod OFL, ABC, and TAC
amounts in the BS as a result of
preliminary data indicating a decrease
in biomass. For the AI, the proposed
OFL, ABC, and TAC amounts are
unchanged from those amounts
implemented through the final 2018
VerDate Sep<11>2014
18:45 Dec 07, 2017
Jkt 244001
harvest specifications published in
February 2017. The proposed amounts
could likely change, including a further
decrease, once the 2017 Pacific cod
stock assessment is finalized, reviewed
by the Council’s Plan Team in
November, and then subsequently
reviewed by the SSC, AP, and Council
in December 2017.
Sections 679.20(a)(7)(i) and (ii)
allocate 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
the Amendment 80 sector, and 22.1
percent to trawl catcher vessels. The
BSAI ICA for the hook-and-line and pot
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
sectors will be deducted from the
aggregate portion of BSAI Pacific cod
TAC allocated to the hook-and-line and
pot sectors. For 2018 and 2019, the
Regional Administrator proposes a BSAI
ICA of 400 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 § 679.91. One Amendment 80
cooperative has formed for the 2018
fishing year. Because all Amendment 80
vessels are part of the cooperative, no
allocation to the Amendment 80 limited
access sector is required.
The 2019 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, 2018. NMFS will post 2019
Amendment 80 cooperatives and
Amendment 80 limited access
allocations on the Alaska Region Web
site at https://alaskafisheries.noaa.gov
E:\FR\FM\08DEP1.SGM
08DEP1
57914
Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules
prior to the start of the fishing year on
January 1, 2019, based on the harvest
specifications effective on that date.
The Pacific cod TAC is apportioned
into seasonal allowances to disperse the
Pacific cod fisheries over the fishing
year (see §§ 679.20(a)(7)(i)(B), 679.20
(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 for any
sector, except the jig sector, will become
available at the beginning of that
sector’s 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 2016 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 2018 and 2019. NMFS will first
subtract the State GHL Pacific cod
amount from the AI Pacific cod ABC.
Then NMFS will determine the harvest
limit in Area 543 by multiplying the
percentage of Pacific cod estimated in
Area 543 by the remaining ABC for AI
Pacific cod. Based on these calculations,
the Area 543 harvest limit is 4,128 mt.
Section 679.20(a)(7)(viii) requires
specification of the 2018 and 2019
Pacific cod allocations for the Aleutian
Islands ICA, non-CDQ DFA, CV Harvest
Set-Aside, and Unrestricted Fishery, as
well as the Bering Sea Trawl CV ASeason Sector Limitation. If NMFS
receives notification of intent to process
AI Pacific cod from either the city of
Adak or the city of Atka, the harvest
limits in Table 4a will be in effect in
2018 or 2019. Notification of intent to
process AI Pacific cod must be
postmarked by October 31 of the
previous year, and submitted
electronically to NMFS by October 31 of
the previous year.
Prior to October 31, 2017, NMFS
received timely notice from the City of
Adak indicating an intent to process AI
Pacific cod in 2018. Accordingly, the
harvest limits in Table 4a will be in
effect in 2018, subject to the
performance requirements outlined in
§ 679.20(a)(7)(viii).
Section 679.20(a)(7)(viii) contains
specific performance requirements that
(1) if less than 1,000 mt of the Aleutian
Islands CV Harvest Set-Aside is
delivered to Aleutian Islands
shoreplants by February 28 of that year,
the Aleutian Islands CV Harvest SetAside is lifted and the Bering Sea Trawl
CV A-Season Sector Limitation is
suspended; and (2) if the entire Aleutian
Islands CV Harvest Set-Aside is fully
harvested and delivered to Aleutian
Islands shoreplants before March 15 of
that year, the Bering Sea Trawl CV ASeason Sector Limitation is suspended.
The CDQ and non-CDQ seasonal
allowances by gear based on the
proposed 2018 and 2019 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 2018 AND 2019 GEAR SHARES AND SEASONAL ALLOWANCES OF THE BSAI 1 PACIFIC COD TAC
[Amounts are in metric tons]
Sector
2018 and
2019 share of
gear sector
total
Percent
2018 and
2019 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
194,936
20,858
174,078
15,695
1,679
14,016
4,128
188,093
114,361
n/a
113,961
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
400
n/a
91,281
Hook-and-line catcher vessels ≥60 ft
LOA.
Pot catcher/processors ..........................
0.2
n/a
375
1.5
n/a
2,812
Pot catcher vessels ≥60 ft LOA .............
8.4
n/a
15,745
Catcher vessels <60 ft LOA using hookand-line or pot gear.
Trawl catcher vessels ............................
2
n/a
3,749
22.1
41,569
n/a
AFA trawl catcher/processors ................
sradovich on DSK3GMQ082PROD 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 .........
2.3
4,326
n/a
Amendment 80 .......................................
13.4
25,205
n/a
Jig ...........................................................
1.4
2,633
n/a
2018 and 2019 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
46,553
44,728
191
184
1,434
1,378
8,030
7,715
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 1–Apr 30 ...............................
Apr 30–Aug 31 ............................
Aug 31–Dec 31 ...........................
30,761
4,573
6,235
3,245
1,082
0
18,903
6,301
0
1,580
527
527
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, after subtraction of CDQ. 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.
VerDate Sep<11>2014
19:33 Dec 07, 2017
Jkt 244001
PO 00000
Frm 00029
Fmt 4702
Sfmt 4702
E:\FR\FM\08DEP1.SGM
08DEP1
57915
Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules
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 400 mt for 2018 and 2019 based on anticipated incidental catch in these
fisheries.
TABLE 4a—PROPOSED 2018 AND 2019 BSAI A-SEASON PACIFIC COD LIMITS IF ALEUTIAN ISLANDS SHOREPLANTS
INTEND TO PROCESS PACIFIC COD 1
Amount
(mt)
2018 and 2019 allocations under Aleutian Islands CV harvest set-aside
AI non-CDQ TAC .............................................................................................................................................................................
AI ICA ..............................................................................................................................................................................................
AI DFA .............................................................................................................................................................................................
BS non-CDQ TAC ...........................................................................................................................................................................
BSAI Trawl CV A-Season Allocation ...............................................................................................................................................
BSAI Trawl CV A-Season Allocation minus Sector Limitation 2 ......................................................................................................
BS Trawl CV A-Season Sector Limitation .......................................................................................................................................
AI CV Harvest Set-Aside .................................................................................................................................................................
AI Unrestricted Fishery ....................................................................................................................................................................
14,016
2,500
11,516
174,078
30,761
25,761
5,000
5,000
6,516
1 These allocations will apply in 2018 or 2019 only if NMFS receives notice of intent to process AI Pacific cod by October 31 of the previous
year, pursuant to § 679.20(a)(7)(viii), and if the performance requirements set forth in § 679.20(a)(7)(viii) are likewise met. Prior to October 31,
2017, NMFS received timely notice from the City of Adak indicating an intent to process AI Pacific cod for the 2018 season. Accordingly, the harvest limits in Table 4a will be in effect in 2018, subject to the performance requirements outlined in § 679.20(a)(7)(viii).
2 This is the amount of the BSAI trawl CV A season allocation that may be harvested in the Bering Sea prior to March 21 of that year, unless
modified because the performance requirements were not met.
Sablefish Gear Allocation
Sections 679.20(a)(4)(iii) and (iv)
require allocation of sablefish TACs for
the BS and AI between trawl gear and
hook-and-line or pot gear. Gear
allocations of the TACs for the BS are
50 percent for trawl gear and 50 percent
for hook-and-line or pot gear. Gear
allocations for the TACs for the AI 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,
§ 679.20(b)(1)(ii)(D)(1) requires that 7.5
percent of the trawl gear allocation of
sablefish from the non-specified
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 or pot gear sablefish Individual
Fishing Quota (IFQ) fisheries are limited
to the 2018 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 2018 and 2019 gear
allocations of the sablefish TAC and
CDQ reserve amounts.
TABLE 5—PROPOSED 2018 AND 2019 GEAR SHARES AND CDQ RESERVE OF BSAI SABLEFISH TACS
[Amounts are in metric tons]
Percent
of TAC
2018
Share of
TAC
Bering Sea:
Trawl ...........................................................................................
Hook-and-line gear/pot 2 .............................................................
50
50
637
637
541
n/a
48
127
637
n/a
541
n/a
48
n/a
Total .....................................................................................
100
1,274
541
175
637
541
48
Aleutian Islands:
Trawl ...........................................................................................
Hook-and-line gear/pot 2 .............................................................
25
75
434
1,301
369
n/a
33
260
434
n/a
369
n/a
33
n/a
Total .....................................................................................
100
1,735
369
293
434
369
33
Subarea and gear
2018
ITAC 1
2018
CDQ
reserve
sradovich on DSK3GMQ082PROD with PROPOSALS
1 Except
2019
Share of
TAC
2019
ITAC
2019
CDQ
reserve
for the sablefish hook-and-line or pot gear allocation, 15 percent of TAC is apportioned to the non-specified 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 § 679.20(b)(1)(ii)(B)). The Council recommended that specifications for the hook-and-line or pot gear sablefish IFQ fisheries
be limited to one year.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
VerDate Sep<11>2014
19:33 Dec 07, 2017
Jkt 244001
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
E:\FR\FM\08DEP1.SGM
08DEP1
57916
Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules
Allocation of the Aleutian Islands
Pacific Ocean Perch, and BSAI Flathead
Sole, Rock Sole, and Yellowfin Sole
TACs
Sections 679.20(a)(10)(i) and (ii)
require that NMFS allocate AI Pacific
ocean perch, and BSAI flathead sole,
rock sole, and yellowfin sole TACs
between the Amendment 80 sector and
the BSAI trawl limited access sector,
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.
One Amendment 80 cooperative has
formed for the 2018 fishing year.
Because all Amendment 80 vessels are
part of the cooperative, no allocation to
the Amendment 80 limited access sector
is required.
The 2019 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, 2018. NMFS will post 2019
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, 2019, based on the harvest
specifications effective on that date.
Table 6 lists the proposed 2018 and
2019 allocations of the AI Pacific ocean
perch, and BSAI flathead sole, rock sole,
and yellowfin sole TACs.
TABLE 6—PROPOSED 2018 AND 2019 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]
2018 and 2019 allocations
Pacific ocean perch
Sector
Flathead sole
Eastern
Aleutian
District
TAC ..........................................................
CDQ .........................................................
ICA ...........................................................
BSAI trawl limited access ........................
Amendment 80 .........................................
Central
Aleutian
District
9,900
1,059
100
874
7,867
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
Western
Aleutian
District
7,500
803
60
664
5,974
12,000
1,284
10
214
10,492
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
ABC reserves for flathead sole, rock
sole, and yellowfin sole. The
Amendment 80 ABC reserves shall be
Rock sole
Yellowfin sole
BSAI
BSAI
BSAI
15,500
1,659
4,000
0
9,842
50,100
5,361
6,000
0
38,739
154,000
16,478
4,000
18,351
115,171
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 2018 and 2019 ABC
surplus and ABC reserves for BSAI
flathead sole, rock sole, and yellowfin
sole.
TABLE 7—PROPOSED 2018 AND 2019 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
sradovich on DSK3GMQ082PROD with PROPOSALS
ABC ..............................................................................................................................................
TAC ..............................................................................................................................................
ABC surplus .................................................................................................................................
ABC reserve ................................................................................................................................
CDQ ABC reserve .......................................................................................................................
Amendment 80 ABC reserve .......................................................................................................
Proposed PSC Limits for Halibut,
Salmon, Crab, and Herring
Sections 679.21(b), (e), (f), and (g) set
forth the BSAI PSC limits. Pursuant to
§ 679.21(b)(1), the 2018 and 2019 BSAI
halibut PSC limits total 3,515 mt.
Section 679.21(b)(1) allocates 315 mt of
VerDate Sep<11>2014
18:45 Dec 07, 2017
Jkt 244001
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 PSC
limit for the BSAI non-trawl sector.
PO 00000
Frm 00031
Fmt 4702
Sfmt 4702
66,164
15,500
50,664
50,664
5,421
45,243
Rock sole
143,100
50,100
93,000
93,000
9,951
83,049
Yellowfin sole
250,800
154,000
96,800
96,800
10,358
86,442
Sections 679.21(b)(1)(iii)(A) and (B)
authorize apportionment of the BSAI
non-trawl halibut PSC limit into PSC
allowances among six fishery categories,
and § 679.21(b)(1)(ii)(A) and (B),
(e)(3)(i)(B), and (e)(3)(iv) require
apportionment of the BSAI trawl limited
E:\FR\FM\08DEP1.SGM
08DEP1
sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules
access halibut and crab PSC limits into
PSC allowances among seven fishery
categories. Table 10 lists the proposed
fishery PSC allowances for the BSAI
trawl limited access fisheries, and Table
11 lists the proposed fishery PSC
allowances for the non-trawl fisheries.
Pursuant to Section 3.6 of the FMP,
the Council recommends, and NMFS
proposes, that certain specified nontrawl 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 for that vessel category and
the IFQ regulatory area in which the
vessel is operating (§ 679.7(f)(11)).
As of November 2017, total
groundfish catch for the pot gear fishery
in the BSAI was 42,662 mt, with an
associated halibut bycatch mortality of 3
mt. The 2017 jig gear fishery harvested
about 13 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.
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
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.
VerDate Sep<11>2014
18:45 Dec 07, 2017
Jkt 244001
If an AFA sector participates in an
approved IPA and has not exceeded its
performance standard under
§ 679.21(f)(6) and if it is not a low
Chinook salmon abundance year, then
NMFS will allocate a portion of the
60,000 Chinook salmon 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 and has
not exceeded its performance standard
under § 679.21(f)(6) in a low abundance
year, then NMFS will allocate a portion
of the 45,000 Chinook salmon 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, 2017, NMFS has
determined that it is not a low Chinook
salmon abundance year, based on the
State’s estimate that Chinook salmon
abundance in western Alaska is greater
than 250,000 Chinook salmon.
Therefore, in 2018, the Chinook salmon
PSC limit is 60,000 Chinook salmon,
allocated to each sector as specified in
§ 679.21(f)(3)(iii)(A). The AFA sector
Chinook salmon allocations are also
seasonally apportioned 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 provided in § 679.21(f)(3)(i)
and § 679.23(e)(2). 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://alaska
fisheries.noaa.gov/sustainablefisheries/
bycatch/default.htm.
Section 679.21(g)(2)(i) specifies 700
fish as the 2018 and 2019 Chinook
salmon PSC limit for the AI pollock
fishery. Section 679.21(g)(2)(ii) allocates
7.5 percent, or 53 Chinook salmon, as
the AI PSQ reserve for the CDQ Program
and allocates the remaining 647
PO 00000
Frm 00032
Fmt 4702
Sfmt 4702
57917
Chinook salmon to the non-CDQ
fisheries.
Section 679.21(f)(14)(i) specifies
42,000 fish as the 2018 and 2019 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 reserve for the CDQ Program, and
allocates the remaining 37,506 nonChinook salmon in the CVOA 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 2017
regarding herring PSC limits and
apportionments, the Council
recommended and NMFS proposes
basing the herring 2018 and 2019 PSC
limits and apportionments on the 2016
survey data. The Council will
reconsider these amounts in December
2017.
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 2017 survey data, the red
king crab mature female abundance is
estimated at 18.5 million red king crabs,
and the effective spawning biomass is
estimated at 39,776 million lbs (18,042
mt). Based on the criteria set out at
§ 679.21(e)(1)(i), the proposed 2018 and
2019 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 bycatch 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 2017 survey data, Tanner
crab (Chionoecetes bairdi) abundance is
estimated at 344 million animals.
Pursuant to criteria set out at
§ 679.21(e)(1)(ii), the calculated 2018
and 2019 C. bairdi crab PSC limit for
trawl gear is 830,000 animals in Zone 1,
and 2,520,000 animals in Zone 2. The
limit in Zone 1 is based on the
abundance of C. bairdi estimated at 344
million animals, which is greater than
E:\FR\FM\08DEP1.SGM
08DEP1
57918
Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules
270 million and less than 400 million
animals. The limit in Zone 2 is based on
the abundance of C. bairdi estimated at
344 million animals, which is greater
than 290 million animals and less than
400 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 2017 survey estimate of
8.182 billion animals, which is above
the minimum PSC limit of 4.5 million
and below the maximum PSC limit of 13
million animals, the calculated C. opilio
crab PSC limit is 9,120,539 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 2018 and 2019 herring
biomass is 201,278 mt. This amount was
developed by the Alaska Department of
Fish and Game based on biomass for
spawning aggregations. Therefore, the
herring PSC limit proposed for 2018 and
2019 is 2,013 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 2018 crab
and halibut 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
trawl limited access sector are listed in
Table 8.
One Amendment 80 cooperative has
formed for the 2018 fishing year.
Because all Amendment 80 vessels are
part of the cooperative, no allocation to
the Amendment 80 limited access sector
is required.
The 2019 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, 2018.
NMFS will post 2019 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, 2019,
based on the harvest specifications
effective on that date.
Sections 679.21(b)(2) and (e)(5)
authorize NMFS, after consulting with
the Council, to establish seasonal
apportionments of PSC amounts for the
BSAI non-trawl, 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 relative to
prohibited species distribution, (3) PSC
bycatch needs on a seasonal basis
relevant to prohibited species biomass
and expected catches of target
groundfish species, (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 Tables 10 and 11 to
maximize harvest among gear types,
fisheries, and seasons while minimizing
bycatch of PSC based on the above
criteria.
TABLE 8—PROPOSED 2018 AND 2019 APPORTIONMENT OF PROHIBITED SPECIES CATCH ALLOWANCES TO NON-TRAWL
GEAR, THE CDQ PROGRAM, AMENDMENT 80, AND THE BSAI TRAWL LIMITED ACCESS SECTORS
PSC species and area 1
Total PSC
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 ...............
Non-trawl PSC
3,515
2,013
97,000
9,120,539
830,000
2,520,000
CDQ PSQ
reserve 2
710
n/a
n/a
n/a
n/a
n/a
315
n/a
10,379
975,898
88,810
269,640
Trawl PSC
remaining after
CDQ PSQ
n/a
n/a
86,621
8,144,641
741,190
2,250,360
Amendment
80 sector 3
1,745
n/a
43,293
4,003,091
312,115
532,660
BSAI trawl
limited access
fishery
745
n/a
26,489
2,617,688
348,285
1,053,394
1 Refer to § 679.2 for definitions of zones.
2 The PSQ reserve for crab species is 10.7
percent of each crab PSC limit.
Amendment 80 program reduced apportionment of the trawl PSC limits for crab below the total PSC limit. These reductions are not apportioned to other gear types or sectors.
3 The
TABLE 9—PROPOSED 2018 AND 2019 HERRING AND RED KING CRAB SAVINGS SUBAREA PROHIBITED SPECIES CATCH
ALLOWANCES FOR ALL TRAWL SECTORS
Herring (mt)
BSAI
sradovich on DSK3GMQ082PROD with PROPOSALS
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 ........................................................................................
100
43
5
5
10
1,800
50
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
24,250
Total trawl PSC ................................................................................................................................................
2,013
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.
VerDate Sep<11>2014
18:45 Dec 07, 2017
Jkt 244001
PO 00000
Frm 00033
Fmt 4702
Sfmt 4702
E:\FR\FM\08DEP1.SGM
08DEP1
57919
Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules
3 ‘‘Other
species’’ for PSC monitoring includes sculpins, sharks, skates, squids, and octopuses.
October 2017 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.
4 In
TABLE 10—PROPOSED 2018 AND 2019 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
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
........................
23,338
........................
2,467,662
........................
293,234
........................
1,005,879
0
........................
4
391
200
........................
........................
2,954
197
........................
4,076
105,182
40,768
........................
........................
50,816
4,235
0
849
42,424
4,243
Total BSAI trawl limited access PSC ...........................
745
26,489
2,617,688
348,285
1,053,394
Zone 2
1 Refer
to § 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 2018 AND 2019 HALIBUT PROHIBITED SPECIES BYCATCH ALLOWANCES FOR NON-TRAWL
FISHERIES
Halibut mortality (mt) BSAI
Catcher/
processor
Non-trawl fisheries
Seasons
Pacific cod ......................................................
Annual Pacific cod .........................................
January 1–June 10 ........................................
June 10–August 15 ........................................
August 15–December 31 ...............................
May 1–December 31 ......................................
n/a ..................................................................
n/a ..................................................................
n/a ..................................................................
Non-Pacific cod non-trawl-Total .....................
Groundfish pot and jig ....................................
Sablefish hook-and-line ..................................
Total for all non-trawl PSC .............................
sradovich on DSK3GMQ082PROD with PROPOSALS
Halibut Discard Mortality Rates
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 scientific
information available in conjunction
with the annual BSAI stock assessment
process. The DMR methodology and
VerDate Sep<11>2014
18:45 Dec 07, 2017
Jkt 244001
findings are included as an appendix to
the annual BSAI groundfish SAFE
report.
In 2016, the DMR estimation
methodology underwent revisions per
the Council’s directive. An interagency
halibut working group (IPHC, Council,
and NMFS staff) developed improved
estimation methods that have
undergone review by the Plan Team,
SSC, and the Council. A summary of the
revised methodology is included in the
BSAI proposed 2017 and 2018 harvest
specifications (81 FR 87863, December
6, 2016), and the comprehensive
discussion of the working group’s
statistical methodology is available from
the Council (see ADDRESSES). The DMR
working group’s revised methodology is
intended to improve estimation
accuracy, as well as transparency and
transferability in the methodology used,
for calculating DMRs. The working
group will continue to consider
improvements to the methodology used
PO 00000
Frm 00034
Fmt 4702
Sfmt 4702
Catcher vessel
648
388
162
98
n/a
n/a
n/a
n/a
13
9
2
2
n/a
n/a
n/a
n/a
All non-trawl
n/a.
n/a.
n/a.
n/a.
49.
Exempt.
Exempt.
710.
to calculate halibut mortality, including
potential changes to the reference
period (the period of data used for
calculating the DMRs). Future DMRs
may change based on additional years of
observer sampling, which could provide
more recent and accurate data and
which could improve the accuracy of
estimation and progress on
methodology. The new methodology
will continue to ensure that NMFS is
using DMRs that more accurately reflect
halibut mortality, which will inform the
different sectors of their estimated
halibut mortality and allow specific
sectors to respond with methods that
could reduce mortality and, eventually,
the DMR for that sector.
At the December 2016 meeting, the
SSC, AP, and Council concurred in the
revised DMR estimation methodology,
and NMFS adopted the DMRs
calculated under the revised
methodology for the 2016 and 2017
harvest specifications. In October 2017,
E:\FR\FM\08DEP1.SGM
08DEP1
57920
Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules
the Council recommended adopting the
halibut DMRs derived from the 2016
process for the proposed 2018 and 2019
DMRs. The proposed 2018 and 2019
DMRs maintain the new estimation
method adopted in 2016 using an
updated 3-year reference period of 2014
through 2016. The proposed DMR for
motherships and catcher/processors
using non-pelagic trawl gear decreased
to 84 percent from 85 percent, the
proposed DMR for catcher vessels using
non-pelagic trawl gear increased to 60
percent from 52 percent, the proposed
DMR for catcher vessels using hookand-line gear increased to 17 percent
from 14 percent, and the proposed DMR
for pot gear increased to 9 percent from
6 percent. Table 12 lists the proposed
2018 and 2019 DMRs.
TABLE 12—PROPOSED 2018 AND 2019 PACIFIC HALIBUT DISCARD MORTALITY RATES FOR THE BSAI
Halibut discard
mortality rate
(percent)
Gear
Sector
Pelagic trawl ...............................................................................
Non-pelagic trawl ........................................................................
Non-pelagic trawl ........................................................................
Hook-and-line .............................................................................
Hook-and-line .............................................................................
Pot ..............................................................................................
All ................................................................................................
Mothership and catcher/processor .............................................
Catcher vessel ............................................................................
Catcher vessel ............................................................................
Catcher/processor ......................................................................
All ................................................................................................
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 13 lists the
proposed 2018 and 2019 catcher/
processor sideboard limits.
100
84
60
17
8
9
All harvest 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 13.
However, groundfish sideboard species
that are delivered to listed AFA catcher/
processors by catcher vessels will not be
deducted from the 2018 and 2019
sideboard limits for the listed AFA
catcher/processors.
TABLE 13—PROPOSED 2018 AND 2019 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 ...................................
sradovich on DSK3GMQ082PROD with PROPOSALS
Shortraker rockfish ...................................
Other rockfish ..........................................
Atka mackerel ..........................................
Skates ......................................................
Sculpins ...................................................
Sharks ......................................................
VerDate Sep<11>2014
18:45 Dec 07, 2017
Jkt 244001
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 ...............
PO 00000
Total catch
8
........................
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
Frm 00035
Fmt 4702
Sfmt 4702
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
Ratio of
retained catch
to total catch
0.0160
........................
0.0070
0.0050
0.0020
0.0020
0.0370
0.0360
0.0010
0.0580
0.0020
0.0200
0.0010
0.0040
0.0070
0.0180
0.0180
0.0180
0.0290
0.0270
0.1150
0.1150
0.1150
0.2000
0.2000
0.2000
0.0080
0.0080
0.0080
E:\FR\FM\08DEP1.SGM
08DEP1
2018 and
2019 ITAC
available to all
trawl C/Ps 1
2018 and
2019 AFA C/P
sideboard limit
541
369
3,825
106
11,900
4,250
44,739
13,842
11,050
2,125
9,350
8,841
6,698
10,716
4,250
85
106
106
276
468
19,200
9,600
9,600
12,422
6,211
6,211
22,100
3,825
106
9
........................
27
1
24
9
1,655
498
11
123
19
177
7
43
30
2
2
2
8
13
2,208
1,104
1,104
2,484
1,242
1,242
177
31
1
Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules
57921
TABLE 13—PROPOSED 2018 AND 2019 BSAI GROUNDFISH SIDEBOARD LIMITS FOR LISTED AMERICAN FISHERIES ACT
CATCHER/PROCESSORS (C/PS)—Continued
[Amounts are in metric tons]
1995–1997
Target species
Area
Retained catch
Squids ......................................................
Octopuses ................................................
BSAI ...............
BSAI ...............
Total catch
73
553
Ratio of
retained catch
to total catch
2018 and
2019 ITAC
available to all
trawl C/Ps 1
2018 and
2019 AFA C/P
sideboard limit
0.0220
0.0080
1,141
340
25
3
3,328
68,672
1 Aleutians Islands Pacific ocean perch, and BSAI Atka mackerel, flathead sole, rock sole, and yellowfin sole are multiplied by the remainder of
the TAC 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 2018 and 2019 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 halibut and crab caught by
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 14 that are
caught by listed AFA catcher/processors
participating in any groundfish fishery
other than pollock will accrue against
the proposed 2018 and 2019 PSC
sideboard limits for the listed AFA
catcher/processors. Sections
679.21(b)(4)(iii), (e)(7), and (e)(3)(v)
authorize NMFS to close directed
fishing for groundfish other than
pollock for listed AFA catcher/
processors once a proposed 2018 or
2019 PSC sideboard limit listed in Table
14 is reached.
Pursuant to § 679.21(b)(1)(ii)(C) and
(e)(3)(ii)(C), halibut or crab PSC caught
by listed AFA catcher/processors while
fishing for pollock will accrue against
the PSC allowances annually specified
for the pollock/Atka mackerel/‘‘other
species’’ fishery categories, according to
§ 679.21(b)(1)(ii)(B) and (e)(3)(iv).
TABLE 14—PROPOSED 2018 AND 2019 BSAI PROHIBITED SPECIES SIDEBOARD LIMITS FOR AMERICAN FISHERIES ACT
LISTED CATCHER/PROCESSORS
Ratio of PSC to
total PSC
PSC species and area 1
BSAI Halibut mortality ................................................................................................
Red king crab Zone 1 ................................................................................................
C. opilio (COBLZ) ......................................................................................................
C. bairdi Zone 1 .........................................................................................................
C. bairdi Zone 2 .........................................................................................................
1 Refer
Proposed 2018
and 2019 PSC
available to trawl
vessels after
subtraction of
PSQ 2
n/a
0.007
0.153
0.140
0.050
n/a
86,621
8,144,641
741,190
2,250,360
Proposed 2018
and 2019 C/P
sideboard limit 2
286
606
1,246,130
103,767
112,518
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
sradovich on DSK3GMQ082PROD with PROPOSALS
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
VerDate Sep<11>2014
18:45 Dec 07, 2017
Jkt 244001
cooperatives in the directed pollock
fishery. Section 679.64(b)(3) and (b)(4)
establish 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,
PO 00000
Frm 00036
Fmt 4702
Sfmt 4702
September 14, 2007). Tables 15 and 16
list the proposed 2018 and 2019 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 2018 and 2019
sideboard limits listed in Table 15.
E:\FR\FM\08DEP1.SGM
08DEP1
57922
Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules
TABLE 15—PROPOSED 2018 AND 2019 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 >60 ft LOA ........................
Jan 1–Jun 10 .................................................
Jun 10–Dec 31 ...............................................
Pot gear CV >60 ft LOA ................................
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–un 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 .................................................
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 ...............................................................
Sablefish .........................................................
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 .......................................................
Ratio of 1995–
1997 AFA CV
catch to 1995–
1997 TAC
2018 and
2019 initial
TAC 1
2018 and
2019 AFA
catcher vessel
sideboard
limits
n/a
........................
n/a
0.0006
0.0006
n/a
0.0006
0.0006
0.0006
n/a
2,633
n/a
191
184
n/a
8,030
7,715
3,749
n/a
........................
n/a
0
0
n/a
5
5
2
n/a
0.8609
0.8609
0.8609
0.0906
0.0645
0.0645
0.0205
0.0690
0.0690
0.0341
0.0505
0.0441
0.0441
0.1000
0.0077
0.0025
........................
0.0084
0.0037
0.0037
0.0037
0.0048
0.0095
n/a
0.0032
0.0032
n/a
0.0001
0.0001
n/a
........................
........................
0.0541
0.0541
0.0541
0.3827
0.0541
n/a
30,761
4,573
6,235
541
369
3,719
106
11,900
4,250
44,739
13,842
11,050
2,125
9,350
8,841
6,698
10,716
4,250
85
106
106
276
468
30,362
15,181
15,181
19,200
9,600
9,600
12,422
6,211
6,211
22,100
3,825
106
1,141
340
n/a
26,482
3,937
5,368
49
24
240
2
821
293
1,526
699
487
94
935
68
17
........................
36
0
0
0
1
4
n/a
49
49
n/a
1
1
n/a
........................
........................
1,196
207
6
437
18
sradovich on DSK3GMQ082PROD 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 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 2018 and 2019 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 16 that are caught by AFA catcher
vessels participating in any groundfish
fishery other than pollock will accrue
against the 2018 and 2019 PSC
sideboard limits for the AFA catcher
vessels. Section 679.21(b)(4)(iii), (e)(7),
VerDate Sep<11>2014
18:45 Dec 07, 2017
Jkt 244001
and (e)(3)(v) authorize NMFS to close
directed fishing for groundfish other
than pollock for AFA catcher vessels
once a proposed 2018 and 2019 PSC
sideboard limit listed in Table 16 is
reached. Pursuant to § 679.21(b)(1)(ii)(C)
and (e)(3)(ii)(C), halibut or crab PSC
PO 00000
Frm 00037
Fmt 4702
Sfmt 4702
caught by AFA catcher vessels while
fishing for pollock in the BS will accrue
against the bycatch allowances annually
specified for the pollock/Atka mackerel/
‘‘other species’’ fishery categories under
§ 679.21(b)(1)(ii)(B) and (e)(3)(iv).
E:\FR\FM\08DEP1.SGM
08DEP1
57923
Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules
TABLE 16—PROPOSED 2018 AND 2019 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
flounder/
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 ..............................................
Proposed
2018 and
2019 PSC limit
after
subtraction
of PSQ
reserves 3
Proposed
2018 and
2019 AFA
catcher vessel
PSC
sideboard
limit 3
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
887
2
101
228
n/a
n/a
0.2990
0.1680
0.3300
0.1860
n/a
n/a
86,621
8,144,641
741,190
2,250,360
2
5
25,900
1,368,300
244,593
418,567
1 Refer
to § 679.2 for definitions of areas.
fishery categories are defined at § 679.21(b)(1)(ii)(B).
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, Kamchatka
flounder, flathead sole, Greenland turbot, rock sole, and yellowfin sole.
5 ‘‘Other species’’ for PSC monitoring includes skates, sculpins, sharks, and octopuses.
2 Target
3 Halibut
sradovich on DSK3GMQ082PROD 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
subject to further review after public
comment.
This action is authorized under 50
CFR 679.20 and is exempt from review
under Executive Order 12866.
NMFS prepared an EIS for this action
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
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
VerDate Sep<11>2014
18:45 Dec 07, 2017
Jkt 244001
fisheries in the exclusive economic zone
off Alaska. As described 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 IRFA 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
PO 00000
Frm 00038
Fmt 4702
Sfmt 4702
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 gross receipts not in
excess of $11 million for all its affiliated
operations worldwide.
The estimated number of directly
regulated small entities in 2016 include
approximately 119 catcher vessels, five
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
the aggregate gross receipts of all
participating members of the
cooperative must meet the ‘‘under $11
million’’ threshold, the cooperatives are
considered to be large entities within
the meaning of the RFA. Thus, the
estimate of 119 catcher vessels may be
an overstatement of the number of small
entities. Average gross revenues were
$690,000 for small hook-and-line
vessels, $1.25 million for small pot
vessels, and $3.44 million for small
trawl vessels. The average gross revenue
for catcher/processor hook and line
vessels was $2.90 million. The revenue
data for other catcher/processor’s data
are not reported, due to confidentiality
considerations.
The preferred alternative (Alternative
2) was compared to four other
alternatives. Alternative 1 would have
set TACs to generate fishing rates equal
E:\FR\FM\08DEP1.SGM
08DEP1
sradovich on DSK3GMQ082PROD with PROPOSALS
57924
Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Proposed Rules
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 Alternative
2, the preferred harvest strategy, are
those adopted by the Council in October
2017. OFLs and ABCs for the species
were based on recommendations
prepared by the Council’s BSAI
Groundfish Plan Team in September
2017, and reviewed and modified by the
Council’s SSC in October 2017. 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 2018 and
2019 would be about 4,214,648 mt,
which falls above the upper bound of
the OY range. Under Alternative 1, 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 small entity
impacts of the preferred alternative.
However, NMFS cannot set TACs equal
to the sum of ABCs in the BSAI due to
the constraining OY limit of 2.0 million
mt, which Alternative 1 would exceed.
Alternative 3 selects harvest rates
based on the most recent 5 years of
harvest rates (for species in Tiers 1
through 3) or based on the most recent
5 years of harvests (for species in Tiers
4 through 6). This alternative is
inconsistent with the objectives of this
action (as reflected in Alternative 2, 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).
VerDate Sep<11>2014
18:45 Dec 07, 2017
Jkt 244001
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 2018 TACs
by about 30 percent, which would lead
to significant reductions in harvests of
species by small entities. While
reductions of this size would alter the
supply, and, therefore, would be
associated with offsetting price
increases, the size of these associated
price increases is uncertain. While
production declines in the BSAI would
undoubtedly be associated with price
increases in the BSAI, these increases
would be constrained by production of
substitutes, and are unlikely to
completely offset revenue declines
resulting from reductions in harvests of
these species by small entities. 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 the requirement
for achieving OY on a continuing basis,
as mandated by the Magnuson-Stevens
Act.
The proposed harvest specifications
(Alternative 2) extend the current 2018
OFLs, ABCs, and TACs to 2018 and
2019, with the exceptions for decreases
of Pacific cod OFL, ABC, and TAC in
the BS and related increases in Atka
mackerel, Pacific ocean perch, pollock,
and rock sole TAC amounts. As noted
in the IRFA, the Council may modify
these OFLs, ABCs, and TACs in
December 2017, when it reviews the
November 2017 SAFE report from its
groundfish Plan Team, and the reports
of the SSC and AP at the December
Council meeting. Because most of the
TACs in the proposed 2018 and 2019
harvest specifications are unchanged
from the 2018 harvest specification
TACs, with the exception of
modifications for TACs for five species,
and because the sum of all TACs
remains within the upper limit of OY
for the BSAI of 2.0 million mt, NMFS
does not expect adverse impacts on
small entities. Also, NMFS does not
expect any changes made by the Council
in December 2017 to be large enough to
have an impact on small entities.
This action does not modify
recordkeeping or reporting
requirements, or duplicate, overlap, or
conflict with any Federal rules.
Adverse impacts on marine mammals
resulting from fishing activities
conducted under these harvest
specifications are discussed in the Final
EIS (see ADDRESSES), and in the 2017
PO 00000
Frm 00039
Fmt 4702
Sfmt 4702
SIR (https://alaskafisheries.noaa.gov/
sites/default/files/sir-2017-18.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: December 4, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2017–26477 Filed 12–6–17; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 170816769–7769–01]
RIN 0648–XF633
Fisheries of the Exclusive Economic
Zone Off Alaska; Gulf of Alaska; 2018
and 2019 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 2018 and
2019 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 2018 and 2019 fishing years
and to accomplish the goals and
objectives of the Fishery Management
Plan for Groundfish of the Gulf of
Alaska. The intended effect of this
action is to conserve and manage the
groundfish resources in the GOA in
accordance with the Magnuson-Stevens
Fishery Conservation and Management
Act.
SUMMARY:
Comments must be received by
January 8, 2018.
ADDRESSES: Submit comments on this
document, identified by NOAA–NMFS–
2017–0107, by either of the following
methods:
• Federal e-Rulemaking Portal: Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20170107, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
DATES:
E:\FR\FM\08DEP1.SGM
08DEP1
]]>Agencies
[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)]
[Proposed Rules]
[Pages 57906-57924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26477]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 170817779-7779-01]
RIN 0648-XF636
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands; 2018 and 2019 Harvest Specifications for
Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 57907]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes 2018 and 2019 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 2018 and 2019 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 8, 2018.
ADDRESSES: Submit your comments, identified by NOAA-NMFS-2017-0108, by
either of the following methods:
Federal e-Rulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0108, 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: NMFS may not consider comments if they are sent by
any other method, to any other address or individual, or received after
the comment period ends. All comments received are a part of the public
record, and NMFS will post the comments 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
is 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 2016
Stock Assessment and Fishery Evaluation (SAFE) report for the
groundfish resources of the BSAI, dated November 2016, 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 2017
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 of TACs for all
groundfish species in the BSAI 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, Community Development Quota
(CDQ) reserve amounts established by Sec. 679.20(b)(1)(ii), and
acceptable biological catch (ABC) surpluses and reserves for CDQ groups
and Amendment 80 cooperatives for flathead sole, rock sole, and
yellowfin sole. The proposed harvest specifications set forth in Tables
1 through 16 of this action satisfy these requirements.
Under Sec. 679.20(c)(3), NMFS will publish the final harvest
specifications for 2018 and 2019 after (1) considering comments
received within the comment period (see DATES), (2) consulting with the
Council at its December 2017 meeting, (3) considering information
presented in the SIR to the EIS that assesses the need to prepare a
Supplemental EIS (see ADDRESSES), and (4) considering information
presented in the final 2017 SAFE reports prepared for the 2018 and 2019
groundfish fisheries.
Other Actions Affecting the 2018 and 2019 Harvest Specifications
Amendment 117: Reclassify Squid as an Ecosystem Species
In June 2017, the Council recommended for Secretarial review
Amendment 117 to the FMP. Amendment 117 would reclassify squid in the
FMP as an ``Ecosystem Component'' species, which is a category of non-
target species that are not in need of conservation and management.
Currently, NMFS annually sets an Overfishing Level (OFL), ABC, and TAC
for squid in the BSAI groundfish harvest specifications. Under
Amendment 117, OFL, ABC, and TAC specifications would no longer be
required. Proposed regulations to implement Amendment 117 would
prohibit directed fishing for squid, require recordkeeping and
reporting to monitor and report catch of squid species annually, and
establish a squid maximum retainable amount when directed fishing for
groundfish species at 20 percent to discourage retention, while
allowing flexibility to prosecute groundfish fisheries. Further details
will be available on publication of the proposed rule for Amendment
117. If Amendment 117 and its implementing regulations are approved by
the Secretary of Commerce, Amendment 117 and its implementing
regulations are anticipated to be effective by 2019. Until Amendment
117 is effective, NMFS will continue to publish OFLs, ABCs, and TACs
for squid in the BSAI groundfish harvest specifications.
Alaska Guideline Harvest Levels
The Alaska Board of Fisheries (BOF), a regulatory body for the
Alaska Department of Fish and Game, established a guideline harvest
level (GHL) in State of Alaska (State) waters between 164 and 167
degrees west longitude in the Bering Sea subarea (BS) equal to 6.4
percent of the Pacific cod ABC for the BS. The Council recommends that
the proposed 2018 and 2019 Pacific cod TACs 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 208,265 mt.
[[Page 57908]]
Accordingly, the Council recommends the proposed 2018 and 2019 Pacific
cod TACs in the BS to account for State GHLs.
For 2018 and 2019, 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 that the proposed 2018 and 2019
Pacific cod TACs 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
21,500 mt. Accordingly, the Council recommends that the proposed 2018
and 2019 Pacific cod TACs in the AI account for State GHLs.
Proposed ABC and TAC Harvest Specifications
At the October 2017 Council meeting, the SSC, AP, and Council
reviewed the most recent biological and harvest information on the
condition of the BSAI groundfish stocks. The Plan Team compiled and
presented this information, which was initially compiled by the Plan
Team and presented in the final 2016 SAFE report for the BSAI
groundfish fisheries, dated November 2016 (see ADDRESSES).
The Council recommends and NMFS proposes a reduction in the Pacific
cod OFL, ABC, and TAC levels as compared to those levels implemented
for Pacific cod in the 2017 and 2018 final BSAI groundfish harvest
specifications published in February 2017 (82 FR 11826, February 27,
2017). The only changes to the proposed 2018 and 2019 harvest
specifications from the final 2018 harvest specifications are
associated with a decrease in Pacific cod OFL, ABC, and TAC in the BS
and increases in pollock TAC amounts in the BS, Atka mackerel, Pacific
ocean perch, and rock sole TAC amounts in the BSAI. The net increases
of TAC equal the decrease of Pacific cod TAC, and leave the sum of the
TACs equal to 2.0 million mt. The Council concurred with its SSC's
recommendation to reduce the Pacific cod OFL and ABC, as well as its
AP's recommendation for a corresponding reduction in the Pacific cod
TAC. The reductions to the Pacific cod OFL, ABC, and TAC are the result
of preliminary 2017 BSAI bottom trawl survey data, as well as other
data, that recently became available to stock assessment scientists.
Based on the results of the 2017 BSAI bottom trawl survey estimates
and preliminary modeling for the Pacific cod stock assessment, the
Pacific cod biomass and abundance has decreased significantly since the
2016 BSAI bottom trawl survey. This decrease is corroborated by
additional data sets that appear to support the trawl survey results
associated with a decrease in the Pacific cod biomass. This information
led to the recommended reduction in the proposed 2018 and 2019 Pacific
cod OFL and ABC. The SSC opted to recommend a proposed 2018 OFL and ABC
based on the average of the current 2018 OFL and ABC amounts and
preliminary Tier 5 OFL and ABC amounts provided by the Pacific cod
stock assessment author. This precautionary approach provides a strong
indication of decreases in the OFL and ABC amounts for the final
harvest specifications. However, this was a temporary approach used
only for these proposed specifications, and Pacific cod remains in Tier
3a. The SSC also strongly noted that the final 2018 and 2019 harvest
specifications for Pacific cod could be even lower than those
recommended in the proposed 2018 and 2019 harvest specifications once
the stock assessment process has been completed and reviewed by
December 2017.
The proposed Pacific cod OFL, ABC, and TAC amounts likely will
further change once the Pacific cod stock assessment is finalized,
reviewed by the Council's groundfish Plan Team in November, and then
subsequently reviewed by the SSC, AP, and Council in December 2017. The
proposed reductions to Pacific cod OFL, ABC, and TAC amounts apply in
the BS, while for the AI, the proposed OFL, ABC, and TAC amounts are
unchanged from the final 2018 amounts. The Council increased the
proposed TACs of Atka mackerel, Pacific ocean perch, pollock, and rock
sole to match the decrease of Pacific cod TAC in the BS, and these TACs
could also change in the final specifications based on the final
Pacific cod harvest amounts.
The amounts proposed for the 2018 and 2019 harvest specifications
are based on the 2016 SAFE report, and initial survey data, and are
subject to change in the final harvest specifications to be published
by NMFS following the Council's December 2017 meeting. In November
2017, the Plan Team will update the 2016 SAFE report to include new
information collected during 2017, such as NMFS stock surveys, revised
stock assessments, and catch data. At its December 2017 meeting, the
Council will consider information contained in the final 2017 SAFE
report, recommendations from the November 2017 Plan Team meeting,
public testimony from the December 2017 SSC and AP meetings, and
relevant written comments in making its recommendations for the final
2018 and 2019 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.
Any changes will be recommended by the Plan Team in November 2017 and
then included in the final 2017 SAFE report. The final 2017 SAFE report
will include the most recent information, such as catch data.
The final harvest specification amounts for these stocks are not
expected to vary greatly from the proposed harvest specification
amounts published here, except that Pacific cod harvest amounts could
change and even decrease further, which could impact other TAC amounts
in order to achieve OY, as explained earlier in this preamble. If the
final 2017 SAFE report indicates that the stock biomass trend is
increasing for a species, then the final 2018 and 2019 harvest
specifications may reflect an increase from the proposed harvest
specifications. Conversely, if the final 2017 SAFE report indicates
that the stock biomass trend is decreasing for a species, then the
final 2018 and 2019 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 and the SSC, if setting TACs equal to ABCs would cause total TACs
to exceed an OY of 2 million mt. Generally, total ABCs greatly exceed 2
million mt in years with a large pollock biomass. NMFS anticipates
that, both for 2018 and 2019, the sum of the ABCs will exceed 2 million
mt. NMFS expects that the final total TAC for the BSAI for both 2018
and 2019 will equal 2 million mt each year.
The proposed OFLs, 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
[[Page 57909]]
biomass. In general, the development of ABCs and 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 2017, the SSC adopted the proposed 2018 and 2019 OFLs
and ABCs recommended by the Plan Team for all groundfish species, with
the exception of the decreases for Pacific cod OFL and ABC in the BS.
The Council adopted the SSC's OFL and ABC recommendations. These
amounts are unchanged from the final 2018 harvest specifications
published in the Federal Register on February 27, 2017 (82 FR 11826),
with the exception of the decreases for BS Pacific cod OFL, ABC, and
TAC and the related increases for Atka mackerel, Pacific ocean perch,
pollock, and rock sole TAC amounts. The Council adopted the AP's TAC
recommendations. For 2018 and 2019, 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 2018 and 2019 ABCs for all assessed groundfish is
4,167,913 mt, which is less than the final 2018 ABC total in the final
2017 and 2018 BSAI harvest specifications to account for the decrease
in BS Pacific cod ABC (82 FR 11826, February 27, 2017). The sum of TACs
is the same as the final 2018 TAC total in the final 2017 and 2018 BSAI
harvest specifications, but the proposed harvest specifications reflect
the decrease in the BS Pacific cod TAC amount and the corresponding
increases in Atka mackerel, Pacific ocean perch, pollock, and rock sole
TAC amounts.
Specification and Apportionment of TAC Amounts
The Council recommended proposed TACs for 2018 and 2019 Bering Sea
and Eastern Aleutian Islands Atka mackerel that are equal to the
proposed ABCs. The Council recommended proposed TACs less than the
respective proposed ABCs for all other TACs. 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 2017 SAFE report and the Council's
recommendations for final 2018 and 2019 harvest specifications during
its December 2017 meeting. These proposed amounts are consistent with
the biological condition of groundfish stocks as described in the 2016
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
2018 and 2019 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 2018 and 2019 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 2018 and 2019
Species Area -------------------------------------------------------------------------------
OFL ABC TAC ITAC \2\ CDQ 3 4
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock \4\............................. BS............................ 4,360,000 2,979,000 1,359,858 1,223,872 135,986
AI............................ 49,291 40,788 19,000 17,100 1,900
Bogoslof...................... 130,428 97,428 500 500 ..............
Pacific cod \5\......................... BS............................ 258,687 208,265 194,936 174,078 20,858
AI............................ 28,700 21,500 15,695 14,016 1,679
Sablefish............................... BS............................ 1,519 1,291 1,274 541 175
AI............................ 2,072 1,758 1,735 369 293
Yellowfin sole.......................... BSAI.......................... 276,000 250,800 154,000 137,522 16,478
Greenland turbot........................ BSAI.......................... 12,831 10,864 4,500 3,825 n/a
BS............................ n/a 9,484 4,375 3,719 468
AI............................ n/a 1,380 125 106 ..............
Arrowtooth flounder..................... BSAI.......................... 67,023 58,633 14,000 11,900 1,498
Kamchatka flounder...................... BSAI.......................... 10,700 9,200 5,000 4,250 ..............
Rock sole \6\........................... BSAI.......................... 147,300 143,100 50,100 44,739 5,361
Flathead sole \7\....................... BSAI.......................... 79,136 66,164 15,500 13,842 1,659
Alaska plaice........................... BSAI.......................... 36,900 32,100 13,000 11,050 ..............
Other flatfish \8\...................... BSAI.......................... 17,591 13,193 2,500 2,125 ..............
Pacific Ocean perch..................... BSAI.......................... 51,950 42,735 40,400 35,604 n/a
BS............................ n/a 11,924 11,000 9,350 ..............
EAI........................... n/a 10,074 9,900 8,841 1,059
CAI........................... n/a 7,828 7,500 6,698 803
WAI........................... n/a 12,909 12,000 10,716 1,284
Northern rockfish....................... BSAI.......................... 15,854 12,947 5,000 4,250 ..............
Blackspotted and Rougheye rockfish \10\. BSAI.......................... 750 614 225 191 ..............
EBS/EAI....................... n/a 374 100 85 ..............
CAI/WAI....................... n/a 240 125 106 ..............
Shortraker rockfish..................... BSAI.......................... 666 499 125 106 ..............
Other rockfish \10\..................... BSAI.......................... 1,816 1,362 875 744 ..............
BS............................ n/a 791 325 276 ..............
AI............................ n/a 571 550 468 ..............
Atka mackerel........................... BSAI.......................... 99,900 85,000 69,410 61,983 7,427
EAI/BS........................ n/a 34,000 34,000 30,362 3,638
CAI........................... n/a 29,600 21,500 19,200 2,301
[[Page 57910]]
WAI........................... n/a 21,400 13,910 12,422 1,488
Skates.................................. BSAI.......................... 46,583 39,008 26,000 22,100 ..............
Sculpins................................ BSAI.......................... 56,582 42,387 4,500 3,825 ..............
Sharks.................................. BSAI.......................... 689 517 125 106 ..............
Squids.................................. BSAI.......................... 6,912 5,184 1,342 1,141 ..............
Octopuses............................... BSAI.......................... 4,769 3,576 400 340 ..............
-------------------------------------------------------------------------------
TOTAL............................... .............................. 5,764,649 4,167,913 2,000,000 1,790,119 196,927
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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 BS includes the Bogoslof District.
\2\ Except for pollock, the portion of the sablefish TAC allocated to hook-and-line or 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. For pollock and Amendment 80 species, ITAC is the non-CDQ
allocation of TAC.
\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, 7.5 percent of the sablefish TAC is allocated to trawl gear, and 10.7 percent of the TACs for Bering Sea
Greenland turbot and arrowtooth flounder are reserved for use by CDQ participants (see Sec. Sec. 679.20(b)(1)(ii)(B) and (D)). The 2018 hook-and-
line or pot gear portion of the sablefish ITAC and CDQ reserve will not be specified until the final 2018 and 2019 harvest specifications. Aleutian
Islands Greenland turbot, ``other flatfish,'' Alaska plaice, Bering Sea Pacific ocean perch, Kamchatka flounder, northern rockfish, shortraker
rockfish, blackspotted and 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 BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and
second for the incidental catch allowance (3.9 percent), is further allocated by sector for a pollock directed fishery as follows: inshore--50
percent; catcher/processor--40 percent; and motherships--10 percent. Under Sec. 679.20(a)(5)(iii)(B)(2), the annual AI 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 BS Pacific cod TAC is set less than 6.4 percent of the BS ABC to account for the State's guideline harvest level in State waters of the BS. The
AI Pacific cod TAC is set less than 27 percent of the AI ABC to account for the State guideline harvest level in State waters of the AI.
\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\ ``Blackspotted and Rougheye rockfish'' includes Sebastes melanostictus (blackspotted) and Sebastes aleutianus (rougheye).
\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 (BSAI=Bering Sea and Aleutian Islands management area, 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
and 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 or 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 TACs 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
pursuant to Sec. 679.20(a)(5)(ii) because the Bogoslof Area is closed
to directed fishing for pollock by regulation (Sec.
679.22(a)(7)(i)(B)). With the exception of the hook-and-line or 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 3.9 percent or 47,731 mt of the BS 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 2017. During this 18-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 18-year average of 3.3
percent. Pursuant to Sec. Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii),
NMFS proposes a pollock ICA of 14 percent or 2,400 mt of the AI 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 2017. During this 15-year period, the incidental
catch of pollock ranged from a low of 5 percent in 2006 to a high of 17
percent in 2014, with a 15-year average of 8 percent.
Pursuant to Sec. Sec. 679.20(a)(8) and (10), NMFS proposes ICAs of
4,000 mt of flathead sole, 6,000 mt of rock sole, 4,000 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
[[Page 57911]]
mt of Western Aleutian District Atka mackerel, 75 mt of Central
Aleutian District Atka mackerel, and 800 mt of Eastern Aleutian
District and Bering Sea 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 2017.
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 are
consistent with Sec. 679.20(a)(3) and 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 BS pollock TAC be
apportioned as a DFA, after subtracting 10 percent for the CDQ Program
and 3.9 percent for the ICA, as follows: 50 percent to the inshore
sector, 40 percent to the catcher/processor sector, and 10 percent to
the mothership sector. In the BS, 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
TAC remaining in the AI 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)). In
the AI, the total A season apportionment of the pollock TAC (including
the AI directed fishery allocation, the CDQ allowance, and the ICA) may
equal up to 40 percent of the ABC for AI pollock, 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 2018 and 2019
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
pollock ABC. In Area 541, the A season pollock harvest limit is no more
than 30 percent of the Aleutian Islands pollock ABC.
Section 679.20(a)(5)(i)(A)(4) also includes several specific
requirements regarding BS 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
2018 and 2019 allocations of pollock TAC. Tables 13 through 16 list the
AFA catcher/processor and catcher vessel harvesting sideboard limits.
The BS 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 2018 have not been submitted to NMFS, and
NMFS therefore cannot calculate 2018 allocations, NMFS has not included
inshore cooperative text and tables in these proposed harvest
specifications. NMFS will post 2018 AFA inshore pollock cooperative and
open access sector 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 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 12:00 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 2018 and 2019 amounts by sector.
Table 2--Proposed 2018 and 2019 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\
2018 and 2019 -----------------------------------------------
Area and sector allocations SCA harvest
A season DFA limit \2\ B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC.......................... 1,359,858 n/a n/a n/a
CDQ DFA......................................... 135,986 61,194 38,076 74,792
ICA \1\......................................... 47,731 n/a n/a n/a
AFA Inshore..................................... 588,071 264,632 164,660 323,439
AFA Catcher/Processors \3\...................... 470,456 211,705 131,728 258,751
Catch by C/Ps............................... 430,468 193,710 n/a 236,757
Catch by C/Vs \3\........................... 39,989 17,995 n/a 21,994
Unlisted C/P Limit \4\.................. 2,352 1,059 n/a 1,294
AFA Motherships................................. 117,614 52,926 32,932 64,688
Excessive Harvesting Limit \5\.................. 205,825 n/a n/a n/a
Excessive Processing Limit \6\.................. 352,842 n/a n/a n/a
Total Bering Sea DFA (non-CDQ).................. 1,176,141 529,264 329,320 646,878
Aleutian Islands subarea ABC.................... 40,788 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 14,355 n/a 345
Area harvest limit \7\.......................... n/a n/a n/a n/a
Area 541 harvest limit \7\...................... 12,236 n/a n/a n/a
Area 542 harvest limit \7\...................... 6,118 n/a n/a n/a
Area 543 harvest limit \7\...................... 2,039 n/a n/a n/a
[[Page 57912]]
Bogoslof District ICA \8\....................... 500 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 (3.9 percent), is allocated as a DFA as follows: inshore sector-50 percent,
catcher/processor sector(C/Ps)-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), the annual AI pollock TAC,
after subtracting first for the CDQ DFA (10 percent) and second for 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 up to 40
percent of the ABC, and the B season is allocated the remainder of the directed pollock fishery.
\2\ In the Bering Sea subarea, pursuant to Sec. 679.20(a)(5)(i)(c), 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 C/Ps
shall be available for harvest only by eligible catcher vessels (CVs) delivering to listed CPs.
\4\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted C/Ps are limited to harvesting not more than
0.5 percent of the C/Ps 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 non-CDQ pollock DFAs.
\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 non-CDQ pollock DFAs.
\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\ Pursuant to Sec. 679.22(a)(7)(i)(B), 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, ICAs for the BSAI trawl limited access sector and
non-trawl gear sectors, and the jig gear allocation (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 TAC may be allocated to vessels using jig gear. The percent 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 TAC in the Eastern Aleutian District
and Bering Sea subarea to jig gear in 2018 and 2019. This percentage is
applied to the TAC after subtracting the CDQ reserve.
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.
One Amendment 80 cooperative has formed for the 2018 fishing year.
Because all Amendment 80 vessels are part of the cooperative, no
allocation to the Amendment 80 limited access sector is required.
Table 3 lists the 2018 and 2019 Atka mackerel season allowances,
area allowances, and the sector allocations. The 2019 allocations for
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, 2018. NMFS will
post 2019 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, 2019, based on the harvest specifications effective on that
date.
Table 3--Proposed 2018 and 2019 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]
----------------------------------------------------------------------------------------------------------------
2018 and 2019 allocation by area
-----------------------------------------------
Eastern
Sector \1\ Season 2 3 4 Aleutian Central Western
District/ Aleutian Aleutian
Bering Sea District \5\ District \5\
----------------------------------------------------------------------------------------------------------------
TAC................................... n/a..................... 34,000 21,500 13,910
[[Page 57913]]
CDQ reserve........................... Total................... 3,638 2,301 1,488
A....................... 1,819 1,150 744
Critical habitat \5\.... n/a 690 447
B....................... 1,819 1,150 744
Critical habitat \5\.... n/a 690 447
non-CDQ TAC........................... n/a..................... 30,362 19,200 12,422
Jig \6\............................... Total................... 152 .............. ..............
ICA................................... Total................... 800 75 20
BSAI trawl limited access............. Total................... 2,941 1,912 ..............
A....................... 1,471 956 ..............
Critical habitat \5\.... n/a 574 ..............
B....................... 1,471 956 ..............
Critical habitat \5\.... n/a 574 ..............
Amendment 80.......................... Total................... 26,469 17,212 12,402
A....................... 13,235 8,606 6,201
Critical habitat \5\.... n/a 5,164 3,720
B....................... 13,235 8,606 6,201
Critical habitat \5\.... n/a 5,164 3,720
----------------------------------------------------------------------------------------------------------------
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, the jig gear
allocation, and ICAs, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC
for Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to part
679 and Sec. 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec. Sec.
679.20(b)(1)(ii)(C) and 679.31).
\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 Steller sea lion critical habitat; Sec. 679.20(a)(8)(ii)(C)(1)(ii) equally divides the
annual TACs between the A and B seasons as defined at Sec. 679.23(e)(3); and Sec. 679.20(a)(8)(ii)(C)(2)
requires the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
\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. The amount of this allocation is
proposed at 0.5 percent. The jig gear allocation is not apportioned by season.
Allocation of the Pacific Cod TAC
The Council separated Bering Sea and Aleutian Islands subarea OFLs,
ABCs, and TACs for Pacific cod in 2014 (79 FR 12108, March 4, 2014).
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. If the non-CDQ Pacific cod TAC is or will be
reached in either the BS or the AI, NMFS will prohibit non-CDQ directed
fishing for Pacific cod in that subarea, as provided in Sec.
679.20(d)(1)(iii).
As explained earlier in the ``Proposed ABC and TAC Harvest
Specifications'' section, the Council recommended reduced Pacific cod
OFL, ABC, and TAC amounts in the BS as a result of preliminary data
indicating a decrease in biomass. For the AI, the proposed OFL, ABC,
and TAC amounts are unchanged from those amounts implemented through
the final 2018 harvest specifications published in February 2017. The
proposed amounts could likely change, including a further decrease,
once the 2017 Pacific cod stock assessment is finalized, reviewed by
the Council's Plan Team in November, and then subsequently reviewed by
the SSC, AP, and Council in December 2017.
Sections 679.20(a)(7)(i) and (ii) allocate 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 the Amendment
80 sector, 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 2018 and 2019, the Regional Administrator proposes a BSAI
ICA of 400 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. One
Amendment 80 cooperative has formed for the 2018 fishing year. Because
all Amendment 80 vessels are part of the cooperative, no allocation to
the Amendment 80 limited access sector is required.
The 2019 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, 2018. NMFS will post 2019 Amendment 80
cooperatives and Amendment 80 limited access allocations on the Alaska
Region Web site at https://alaskafisheries.noaa.gov
[[Page 57914]]
prior to the start of the fishing year on January 1, 2019, based on the
harvest specifications effective on that date.
The Pacific cod TAC is apportioned into seasonal allowances to
disperse the Pacific cod fisheries over the fishing year (see
Sec. Sec. 679.20(a)(7)(i)(B), 679.20 (a)(7)(iv)(A), and 679.23(e)(5)).
In accordance with Sec. Sec. 679.20(a)(7)(iv)(B) and (C), any unused
portion of a seasonal Pacific cod allowance for any sector, except the
jig sector, will become available at the beginning of that sector's
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 2016 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 2018 and 2019. NMFS will
first subtract the State GHL Pacific cod amount from the AI Pacific cod
ABC. Then NMFS will determine the harvest limit in Area 543 by
multiplying the percentage of Pacific cod estimated in Area 543 by the
remaining ABC for AI Pacific cod. Based on these calculations, the Area
543 harvest limit is 4,128 mt.
Section 679.20(a)(7)(viii) requires specification of the 2018 and
2019 Pacific cod allocations for the Aleutian Islands ICA, non-CDQ DFA,
CV Harvest Set-Aside, and Unrestricted Fishery, as well as the Bering
Sea Trawl CV A-Season Sector Limitation. If NMFS receives notification
of intent to process AI Pacific cod from either the city of Adak or the
city of Atka, the harvest limits in Table 4a will be in effect in 2018
or 2019. Notification of intent to process AI Pacific cod must be
postmarked by October 31 of the previous year, and submitted
electronically to NMFS by October 31 of the previous year.
Prior to October 31, 2017, NMFS received timely notice from the
City of Adak indicating an intent to process AI Pacific cod in 2018.
Accordingly, the harvest limits in Table 4a will be in effect in 2018,
subject to the performance requirements outlined in Sec.
679.20(a)(7)(viii).
Section 679.20(a)(7)(viii) contains specific performance
requirements that (1) if less than 1,000 mt of the Aleutian Islands CV
Harvest Set-Aside is delivered to Aleutian Islands shoreplants by
February 28 of that year, the Aleutian Islands CV Harvest Set-Aside is
lifted and the Bering Sea Trawl CV A-Season Sector Limitation is
suspended; and (2) if the entire Aleutian Islands CV Harvest Set-Aside
is fully harvested and delivered to Aleutian Islands shoreplants before
March 15 of that year, the Bering Sea Trawl CV A-Season Sector
Limitation is suspended.
The CDQ and non-CDQ seasonal allowances by gear based on the
proposed 2018 and 2019 Pacific cod TACs are listed in Table 4 based on
the sector allocation percentages of Pacific cod set forth at
Sec. 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 2018 and 2019 Gear Shares and Seasonal Allowances of the BSAI \1\ Pacific Cod TAC
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2018 and 2019 2018 and 2019 2018 and 2019 seasonal apportionment
Sector Percent share of gear share of ------------------------------------------------------------------
sector total sector total Season Amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Bering Sea TAC................. n/a 194,936 n/a n/a.............................................. n/a
Bering Sea CDQ....................... n/a 20,858 n/a See Sec. 679.20(a)(7)(i)(B).................... n/a
Bering Sea non-CDQ TAC............... n/a 174,078 n/a n/a.............................................. n/a
Total Aleutian Islands TAC........... n/a 15,695 n/a n/a.............................................. n/a
Aleutian Islands CDQ................. n/a 1,679 n/a See Sec. 679.20(a)(7)(i)(B).................... n/a
Aleutian Islands non-CDQ TAC......... n/a 14,016 n/a n/a.............................................. n/a
Western Aleutians Islands Limit...... n/a 4,128 n/a n/a.............................................. n/a
Total BSAI non-CDQ TAC \1\........... 100 188,093 n/a n/a.............................................. n/a
Total hook-and-line/pot gear......... 60.8 114,361 n/a n/a.............................................. n/a
Hook-and-line/pot ICA \2\............ n/a n/a 400 n/a.............................................. n/a
Hook-and-line/pot sub-total.......... n/a 113,961 n/a n/a.............................................. n/a
Hook-and-line catcher/processors..... 48.7 n/a 91,281 Jan 1-Jun 10..................................... 46,553
Jun 10-Dec 31.................................... 44,728
Hook-and-line catcher vessels >=60 ft 0.2 n/a 375 Jan 1-Jun 10..................................... 191
LOA. Jun 10-Dec 31.................................... 184
Pot catcher/processors............... 1.5 n/a 2,812 Jan 1-Jun 10..................................... 1,434
Sept 1-Dec 31.................................... 1,378
Pot catcher vessels >=60 ft LOA...... 8.4 n/a 15,745 Jan 1-Jun 10..................................... 8,030
Sept-1-Dec 31.................................... 7,715
Catcher vessels <60 ft LOA using hook- 2 n/a 3,749 n/a.............................................. n/a
and-line or pot gear.
Trawl catcher vessels................ 22.1 41,569 n/a Jan 20-Apr 1..................................... 30,761
Apr 1-Jun 10..................................... 4,573
Jun 10-Nov 1..................................... 6,235
AFA trawl catcher/processors......... 2.3 4,326 n/a Jan 20-Apr 1..................................... 3,245
Apr 1-Jun 10..................................... 1,082
Jun 10-Nov 1..................................... 0
Amendment 80......................... 13.4 25,205 n/a Jan 20-Apr 1..................................... 18,903
Apr 1-Jun 10..................................... 6,301
Jun 10-Nov 1..................................... 0
Jig.................................. 1.4 2,633 n/a Jan 1-Apr 30..................................... 1,580
Apr 30-Aug 31.................................... 527
Aug 31-Dec 31.................................... 527
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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, after subtraction of CDQ.
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.
[[Page 57915]]
\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 400 mt for 2018 and 2019 based on anticipated incidental catch in these fisheries.
Table 4a--Proposed 2018 and 2019 BSAI A-Season Pacific Cod Limits if
Aleutian Islands Shoreplants Intend To Process Pacific Cod \1\
------------------------------------------------------------------------
2018 and 2019 allocations under Aleutian Islands CV
harvest set-aside Amount (mt)
------------------------------------------------------------------------
AI non-CDQ TAC........................................ 14,016
AI ICA................................................ 2,500
AI DFA................................................ 11,516
BS non-CDQ TAC........................................ 174,078
BSAI Trawl CV A-Season Allocation..................... 30,761
BSAI Trawl CV A-Season Allocation minus Sector 25,761
Limitation \2\.......................................
BS Trawl CV A-Season Sector Limitation................ 5,000
AI CV Harvest Set-Aside............................... 5,000
AI Unrestricted Fishery............................... 6,516
------------------------------------------------------------------------
\1\ These allocations will apply in 2018 or 2019 only if NMFS receives
notice of intent to process AI Pacific cod by October 31 of the
previous year, pursuant to Sec. 679.20(a)(7)(viii), and if the
performance requirements set forth in Sec. 679.20(a)(7)(viii) are
likewise met. Prior to October 31, 2017, NMFS received timely notice
from the City of Adak indicating an intent to process AI Pacific cod
for the 2018 season. Accordingly, the harvest limits in Table 4a will
be in effect in 2018, subject to the performance requirements outlined
in Sec. 679.20(a)(7)(viii).
\2\ This is the amount of the BSAI trawl CV A season allocation that may
be harvested in the Bering Sea prior to March 21 of that year, unless
modified because the performance requirements were not met.
Sablefish Gear Allocation
Sections 679.20(a)(4)(iii) and (iv) require allocation of sablefish
TACs for the BS and AI between trawl gear and hook-and-line or pot
gear. Gear allocations of the TACs for the BS are 50 percent for trawl
gear and 50 percent for hook-and-line or pot gear. Gear allocations for
the TACs for the AI 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 non-specified 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 or
pot gear sablefish Individual Fishing Quota (IFQ) fisheries are limited
to the 2018 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 2018 and 2019 gear allocations of the sablefish TAC
and CDQ reserve amounts.
Table 5--Proposed 2018 and 2019 Gear Shares and CDQ Reserve of BSAI Sablefish TACS
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2018 2019
Subarea and gear Percent Share of 2018 2018 CDQ Share of 2019 2019 CDQ
of TAC TAC ITAC \1\ reserve TAC ITAC reserve
----------------------------------------------------------------------------------------------------------------
Bering Sea:
Trawl................................. 50 637 541 48 637 541 48
Hook-and-line gear/pot \2\............ 50 637 n/a 127 n/a n/a n/a
---------------------------------------------------------------------
Total............................. 100 1,274 541 175 637 541 48
----------------------------------------------------------------------------------------------------------------
Aleutian Islands:
Trawl................................. 25 434 369 33 434 369 33
Hook-and-line gear/pot \2\............ 75 1,301 n/a 260 n/a n/a n/a
---------------------------------------------------------------------
Total............................. 100 1,735 369 293 434 369 33
----------------------------------------------------------------------------------------------------------------
\1\ Except for the sablefish hook-and-line or pot gear allocation, 15 percent of TAC is apportioned to the non-
specified 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 Sec. 679.20(b)(1)(ii)(B)). The Council recommended
that specifications for the hook-and-line or pot gear sablefish IFQ fisheries be limited to one year.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
[[Page 57916]]
Allocation of the Aleutian Islands Pacific Ocean Perch, and BSAI
Flathead Sole, Rock Sole, and Yellowfin Sole TACs
Sections 679.20(a)(10)(i) and (ii) require that NMFS allocate AI
Pacific ocean perch, and BSAI flathead sole, rock sole, and yellowfin
sole TACs between the Amendment 80 sector and the BSAI trawl limited
access sector, 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.
One Amendment 80 cooperative has formed for the 2018 fishing year.
Because all Amendment 80 vessels are part of the cooperative, no
allocation to the Amendment 80 limited access sector is required.
The 2019 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, 2018. NMFS will post 2019 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, 2019, based on the harvest
specifications effective on that date. Table 6 lists the proposed 2018
and 2019 allocations of the AI Pacific ocean perch, and BSAI flathead
sole, rock sole, and yellowfin sole TACs.
Table 6--Proposed 2018 and 2019 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]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2018 and 2019 allocations
-----------------------------------------------------------------------------------------------
Pacific ocean perch Flathead sole Rock sole Yellowfin sole
Sector -----------------------------------------------------------------------------------------------
Eastern Central Western
Aleutian Aleutian Aleutian BSAI BSAI BSAI
District District District
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC..................................................... 9,900 7,500 12,000 15,500 50,100 154,000
CDQ..................................................... 1,059 803 1,284 1,659 5,361 16,478
ICA..................................................... 100 60 10 4,000 6,000 4,000
BSAI trawl limited access............................... 874 664 214 0 0 18,351
Amendment 80............................................ 7,867 5,974 10,492 9,842 38,739 115,171
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 ABC 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 2018 and 2019 ABC surplus and ABC reserves
for BSAI flathead sole, rock sole, and yellowfin sole.
Table 7--Proposed 2018 and 2019 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............................................................. 66,164 143,100 250,800
TAC............................................................. 15,500 50,100 154,000
ABC surplus..................................................... 50,664 93,000 96,800
ABC reserve..................................................... 50,664 93,000 96,800
CDQ ABC reserve................................................. 5,421 9,951 10,358
Amendment 80 ABC reserve........................................ 45,243 83,049 86,442
----------------------------------------------------------------------------------------------------------------
Proposed PSC Limits for Halibut, Salmon, Crab, and Herring
Sections 679.21(b), (e), (f), and (g) set forth the BSAI PSC
limits. Pursuant to Sec. 679.21(b)(1), the 2018 and 2019 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 PSC limit for the BSAI non-trawl sector.
Sections 679.21(b)(1)(iii)(A) and (B) authorize apportionment of
the BSAI non-trawl halibut PSC limit into PSC allowances among six
fishery categories, and Sec. 679.21(b)(1)(ii)(A) and (B),
(e)(3)(i)(B), and (e)(3)(iv) require apportionment of the BSAI trawl
limited
[[Page 57917]]
access halibut and crab PSC limits into PSC allowances among seven
fishery categories. Table 10 lists the proposed fishery PSC allowances
for the BSAI trawl limited access fisheries, and Table 11 lists the
proposed fishery PSC allowances for the non-trawl fisheries.
Pursuant to Section 3.6 of the FMP, the Council recommends, and
NMFS proposes, 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 for that vessel category and the IFQ
regulatory area in which the vessel is operating (Sec. 679.7(f)(11)).
As of November 2017, total groundfish catch for the pot gear
fishery in the BSAI was 42,662 mt, with an associated halibut bycatch
mortality of 3 mt. The 2017 jig gear fishery harvested about 13 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. 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 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 has not
exceeded its performance standard under Sec. 679.21(f)(6) and if it is
not a low Chinook salmon abundance year, then NMFS will allocate a
portion of the 60,000 Chinook salmon 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 and has not exceeded its performance standard under
Sec. 679.21(f)(6) in a low abundance year, then NMFS will allocate a
portion of the 45,000 Chinook salmon 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, 2017, NMFS has determined that it is not a low
Chinook salmon abundance year, based on the State's estimate that
Chinook salmon abundance in western Alaska is greater than 250,000
Chinook salmon. Therefore, in 2018, the Chinook salmon PSC limit is
60,000 Chinook salmon, allocated to each sector as specified in Sec.
679.21(f)(3)(iii)(A). The AFA sector Chinook salmon allocations are
also seasonally apportioned 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 provided in Sec. 679.21(f)(3)(i) and Sec.
679.23(e)(2). 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 2018 and 2019
Chinook salmon PSC limit for the AI pollock fishery. Section
679.21(g)(2)(ii) allocates 7.5 percent, or 53 Chinook salmon, as the AI
PSQ reserve 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 2018 and 2019
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 reserve for the CDQ Program,
and allocates the remaining 37,506 non-Chinook salmon in the CVOA 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 2017 regarding herring PSC limits and apportionments, the
Council recommended and NMFS proposes basing the herring 2018 and 2019
PSC limits and apportionments on the 2016 survey data. The Council will
reconsider these amounts in December 2017.
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 2017 survey data, the red king crab mature female
abundance is estimated at 18.5 million red king crabs, and the
effective spawning biomass is estimated at 39,776 million lbs (18,042
mt). Based on the criteria set out at Sec. 679.21(e)(1)(i), the
proposed 2018 and 2019 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
bycatch 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 2017 survey data, Tanner
crab (Chionoecetes bairdi) abundance is estimated at 344 million
animals. Pursuant to criteria set out at Sec. 679.21(e)(1)(ii), the
calculated 2018 and 2019 C. bairdi crab PSC limit for trawl gear is
830,000 animals in Zone 1, and 2,520,000 animals in Zone 2. The limit
in Zone 1 is based on the abundance of C. bairdi estimated at 344
million animals, which is greater than
[[Page 57918]]
270 million and less than 400 million animals. The limit in Zone 2 is
based on the abundance of C. bairdi estimated at 344 million animals,
which is greater than 290 million animals and less than 400 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 2017 survey
estimate of 8.182 billion animals, which is above the minimum PSC limit
of 4.5 million and below the maximum PSC limit of 13 million animals,
the calculated C. opilio crab PSC limit is 9,120,539 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 2018 and 2019 herring biomass is 201,278 mt. This amount
was developed by the Alaska Department of Fish and Game based on
biomass for spawning aggregations. Therefore, the herring PSC limit
proposed for 2018 and 2019 is 2,013 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 2018 crab and halibut 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 trawl
limited access sector are listed in Table 8.
One Amendment 80 cooperative has formed for the 2018 fishing year.
Because all Amendment 80 vessels are part of the cooperative, no
allocation to the Amendment 80 limited access sector is required.
The 2019 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, 2018. NMFS will post 2019 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, 2019, based on the harvest specifications effective
on that date.
Sections 679.21(b)(2) and (e)(5) authorize NMFS, after consulting
with the Council, to establish seasonal apportionments of PSC amounts
for the BSAI non-trawl, 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 relative to
prohibited species distribution, (3) PSC bycatch needs on a seasonal
basis relevant to prohibited species biomass and expected catches of
target groundfish species, (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 Tables
10 and 11 to maximize harvest among gear types, fisheries, and seasons
while minimizing bycatch of PSC based on the above criteria.
Table 8--Proposed 2018 and 2019 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\ Total PSC Non-trawl PSC CDQ PSQ remaining Amendment 80 limited access
reserve \2\ after CDQ PSQ sector \3\ fishery
--------------------------------------------------------------------------------------------------------------------------------------------------------
Halibut mortality (mt) BSAI............................. 3,515 710 315 n/a 1,745 745
Herring (mt) BSAI....................................... 2,013 n/a n/a n/a n/a n/a
Red king crab (animals) Zone 1.......................... 97,000 n/a 10,379 86,621 43,293 26,489
C. opilio (animals) COBLZ............................... 9,120,539 n/a 975,898 8,144,641 4,003,091 2,617,688
C. bairdi crab (animals) Zone 1......................... 830,000 n/a 88,810 741,190 312,115 348,285
C. bairdi crab (animals) Zone 2......................... 2,520,000 n/a 269,640 2,250,360 532,660 1,053,394
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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.
\3\ The Amendment 80 program reduced apportionment of the trawl PSC limits for crab below the total PSC limit. These reductions are not apportioned to
other gear types or sectors.
Table 9--Proposed 2018 and 2019 Herring and Red King Crab Savings
Subarea Prohibited Species Catch Allowances for All Trawl Sectors
------------------------------------------------------------------------
Red king crab
Fishery categories Herring (mt) (animals) Zone
BSAI 1
------------------------------------------------------------------------
Yellowfin sole.......................... 100 n/a
Rock sole/flathead sole/other flatfish 43 n/a
\1\....................................
Greenland turbot/arrowtooth flounder/ 5 n/a
Kamchatka flounder/sablefish...........
Rockfish................................ 5 n/a
Pacific cod............................. 10 n/a
Midwater trawl pollock.................. 1,800 n/a
Pollock/Atka mackerel/other species 2 3. 50 n/a
Red king crab savings subarea non- n/a 24,250
pelagic trawl gear \4\.................
-------------------------------
Total trawl PSC..................... 2,013 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.
[[Page 57919]]
\3\ ``Other species'' for PSC monitoring includes sculpins, sharks,
skates, squids, and octopuses.
\4\ In October 2017 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.
Table 10--Proposed 2018 and 2019 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 2,467,662 293,234 1,005,879
Rock sole/flathead sole/other .............. .............. .............. .............. 0
flatfish \2\...................
Greenland turbot/arrowtooth .............. .............. .............. .............. 0
flounder/Kamchatka flounder/
sablefish......................
Rockfish April 15-December 31... 4 .............. 4,076 .............. 849
Pacific cod..................... 391 2,954 105,182 50,816 42,424
Pollock/Atka mackerel/other 200 197 40,768 4,235 4,243
species \3\....................
-------------------------------------------------------------------------------
Total BSAI trawl limited 745 26,489 2,617,688 348,285 1,053,394
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 2018 and 2019 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.
----------------------------------------------------------------------------------------------------------------
Halibut Discard Mortality Rates
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 scientific
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.
In 2016, the DMR estimation methodology underwent revisions per the
Council's directive. An interagency halibut working group (IPHC,
Council, and NMFS staff) developed improved estimation methods that
have undergone review by the Plan Team, SSC, and the Council. A summary
of the revised methodology is included in the BSAI proposed 2017 and
2018 harvest specifications (81 FR 87863, December 6, 2016), and the
comprehensive discussion of the working group's statistical methodology
is available from the Council (see ADDRESSES). The DMR working group's
revised methodology is intended to improve estimation accuracy, as well
as transparency and transferability in the methodology used, for
calculating DMRs. The working group will continue to consider
improvements to the methodology used to calculate halibut mortality,
including potential changes to the reference period (the period of data
used for calculating the DMRs). Future DMRs may change based on
additional years of observer sampling, which could provide more recent
and accurate data and which could improve the accuracy of estimation
and progress on methodology. The new methodology will continue to
ensure that NMFS is using DMRs that more accurately reflect halibut
mortality, which will inform the different sectors of their estimated
halibut mortality and allow specific sectors to respond with methods
that could reduce mortality and, eventually, the DMR for that sector.
At the December 2016 meeting, the SSC, AP, and Council concurred in
the revised DMR estimation methodology, and NMFS adopted the DMRs
calculated under the revised methodology for the 2016 and 2017 harvest
specifications. In October 2017,
[[Page 57920]]
the Council recommended adopting the halibut DMRs derived from the 2016
process for the proposed 2018 and 2019 DMRs. The proposed 2018 and 2019
DMRs maintain the new estimation method adopted in 2016 using an
updated 3-year reference period of 2014 through 2016. The proposed DMR
for motherships and catcher/processors using non-pelagic trawl gear
decreased to 84 percent from 85 percent, the proposed DMR for catcher
vessels using non-pelagic trawl gear increased to 60 percent from 52
percent, the proposed DMR for catcher vessels using hook-and-line gear
increased to 17 percent from 14 percent, and the proposed DMR for pot
gear increased to 9 percent from 6 percent. Table 12 lists the proposed
2018 and 2019 DMRs.
Table 12--Proposed 2018 and 2019 Pacific Halibut Discard Mortality Rates
for the BSAI
------------------------------------------------------------------------
Halibut
discard
Gear Sector mortality rate
(percent)
------------------------------------------------------------------------
Pelagic trawl..................... All................. 100
Non-pelagic trawl................. Mothership and 84
catcher/processor.
Non-pelagic trawl................. Catcher vessel...... 60
Hook-and-line..................... Catcher vessel...... 17
Hook-and-line..................... Catcher/processor... 8
Pot............................... All................. 9
------------------------------------------------------------------------
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 13 lists the proposed 2018 and
2019 catcher/processor sideboard limits.
All harvest 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 13. However, groundfish
sideboard species that are delivered to listed AFA catcher/processors
by catcher vessels will not be deducted from the 2018 and 2019
sideboard limits for the listed AFA catcher/processors.
Table 13--Proposed 2018 and 2019 BSAI Groundfish Sideboard Limits for Listed American Fisheries Act Catcher/Processors (C/Ps)
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
1995-1997
------------------------------------------------ 2018 and 2019 2018 and 2019
Ratio of ITAC available AFA C/P
Target species Area retained catch to all trawl C/ sideboard
Retained catch Total catch to total Ps \1\ limit
catch
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sablefish trawl......................... BS............................ 8 497 0.0160 541 9
AI............................ .............. 145 .............. 369 ..............
Greenland turbot........................ BS............................ 121 17,305 0.0070 3,825 27
AI............................ 23 4,987 0.0050 106 1
Arrowtooth flounder..................... BSAI.......................... 76 33,987 0.0020 11,900 24
Kamchatka flounder...................... BSAI.......................... 76 33,987 0.0020 4,250 9
Rock sole............................... BSAI.......................... 6,317 169,362 0.0370 44,739 1,655
Flathead sole........................... BSAI.......................... 1,925 52,755 0.0360 13,842 498
Alaska plaice........................... BSAI.......................... 14 9,438 0.0010 11,050 11
Other flatfish.......................... BSAI.......................... 3,058 52,298 0.0580 2,125 123
Pacific ocean perch..................... BS............................ 12 4,879 0.0020 9,350 19
Eastern AI.................... 125 6,179 0.0200 8,841 177
Central AI.................... 3 5,698 0.0010 6,698 7
Western AI.................... 54 13,598 0.0040 10,716 43
Northern rockfish....................... BSAI.......................... 91 13,040 0.0070 4,250 30
Rougheye rockfish....................... EBS/EAI....................... 50 2,811 0.0180 85 2
CAI/WAI....................... 50 2,811 0.0180 106 2
Shortraker rockfish..................... BSAI.......................... 50 2,811 0.0180 106 2
Other rockfish.......................... BS............................ 18 621 0.0290 276 8
AI............................ 22 806 0.0270 468 13
Atka mackerel........................... Central AI.................... n/a n/a 0.1150 19,200 2,208
A season \2\.................. n/a n/a 0.1150 9,600 1,104
B season \2\.................. n/a n/a 0.1150 9,600 1,104
Western AI.................... n/a n/a 0.2000 12,422 2,484
A season \2\.................. n/a n/a 0.2000 6,211 1,242
B season \2\.................. n/a n/a 0.2000 6,211 1,242
Skates.................................. BSAI.......................... 553 68,672 0.0080 22,100 177
Sculpins................................ BSAI.......................... 553 68,672 0.0080 3,825 31
Sharks.................................. BSAI.......................... 553 68,672 0.0080 106 1
[[Page 57921]]
Squids.................................. BSAI.......................... 73 3,328 0.0220 1,141 25
Octopuses............................... BSAI.......................... 553 68,672 0.0080 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 2018 and 2019 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 halibut
and crab caught by 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 14 that are caught by listed AFA
catcher/processors participating in any groundfish fishery other than
pollock will accrue against the proposed 2018 and 2019 PSC sideboard
limits for the listed AFA catcher/processors. Sections
679.21(b)(4)(iii), (e)(7), and (e)(3)(v) authorize NMFS to close
directed fishing for groundfish other than pollock for listed AFA
catcher/processors once a proposed 2018 or 2019 PSC sideboard limit
listed in Table 14 is reached.
Pursuant to Sec. 679.21(b)(1)(ii)(C) and (e)(3)(ii)(C), halibut or
crab PSC caught by listed AFA catcher/processors while fishing for
pollock will accrue against the PSC allowances annually specified for
the pollock/Atka mackerel/``other species'' fishery categories,
according to Sec. 679.21(b)(1)(ii)(B) and (e)(3)(iv).
Table 14--Proposed 2018 and 2019 BSAI Prohibited Species Sideboard Limits for American Fisheries Act Listed
Catcher/Processors
----------------------------------------------------------------------------------------------------------------
Proposed 2018 and
2019 PSC
available to Proposed 2018 and
PSC species and area \1\ Ratio of PSC to trawl vessels 2019 C/P
total PSC after sideboard limit
subtraction of \2\
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 8,144,641 1,246,130
C. bairdi Zone 1....................................... 0.140 741,190 103,767
C. bairdi Zone 2....................................... 0.050 2,250,360 112,518
----------------------------------------------------------------------------------------------------------------
\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)(3) and (b)(4) establish 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 15 and 16 list the proposed 2018 and 2019 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 2018 and 2019 sideboard limits listed in Table 15.
[[Page 57922]]
Table 15--Proposed 2018 and 2019 BSAI Groundfish Sideboard Limits for American Fisheries Act Catcher Vessels
(CVs)
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2018 and 2019
Ratio of 1995- 2018 and 2019 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................ .............. 2,633 ..............
Hook-and-line CV >60 ft n/a n/a n/a
LOA.
Jan 1-Jun 10............ 0.0006 191 0
Jun 10-Dec 31........... 0.0006 184 0
Pot gear CV >60 ft LOA.. n/a n/a n/a
Jan 1-Jun 10............ 0.0006 8,030 5
Sept 1-Dec 31........... 0.0006 7,715 5
CV <60 ft LOA using hook- 0.0006 3,749 2
and-line or pot gear.
Trawl gear CV........... n/a n/a n/a
Jan 20-Apr 1............ 0.8609 30,761 26,482
Apr 1-un 10............. 0.8609 4,573 3,937
Jun 10-Nov 1............ 0.8609 6,235 5,368
Sablefish............................. BS trawl gear........... 0.0906 541 49
AI trawl gear........... 0.0645 369 24
Greenland turbot...................... BS...................... 0.0645 3,719 240
AI...................... 0.0205 106 2
Arrowtooth flounder................... BSAI.................... 0.0690 11,900 821
Kamchatka flounder.................... BSAI.................... 0.0690 4,250 293
Rock sole............................. BSAI.................... 0.0341 44,739 1,526
Flathead sole......................... BS trawl gear........... 0.0505 13,842 699
Alaska plaice......................... BSAI.................... 0.0441 11,050 487
Other flatfish........................ BSAI.................... 0.0441 2,125 94
Pacific ocean perch................... BS...................... 0.1000 9,350 935
Eastern AI.............. 0.0077 8,841 68
Central AI.............. 0.0025 6,698 17
Western AI.............. .............. 10,716 ..............
Northern rockfish..................... BSAI.................... 0.0084 4,250 36
Rougheye rockfish..................... EBS/EAI................. 0.0037 85 0
CAI/WAI................. 0.0037 106 0
Shortraker rockfish................... BSAI.................... 0.0037 106 0
Other rockfish........................ BS...................... 0.0048 276 1
AI...................... 0.0095 468 4
Atka mackerel......................... Eastern AI/BS........... n/a 30,362 n/a
Jan 1-Jun 10............ 0.0032 15,181 49
Jun 10-Nov 1............ 0.0032 15,181 49
Central AI.............. n/a 19,200 n/a
Jan 1-Jun 10............ 0.0001 9,600 1
Jun 10-Nov 1............ 0.0001 9,600 1
Western AI.............. n/a 12,422 n/a
Jan 1-Jun 10............ .............. 6,211 ..............
Jun 10-Nov 1............ .............. 6,211 ..............
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 1,141 437
Octopuses............................. BSAI.................... 0.0541 340 18
----------------------------------------------------------------------------------------------------------------
\1\ Aleutians Islands Pacific ocean perch, and BSAI Atka mackerel, flathead sole, rock sole, and yellowfin sole
are multiplied by the remainder of the TAC of that species after the subtraction of the CDQ reserve under 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 2018
and 2019 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 16 that are caught by
AFA catcher vessels participating in any groundfish fishery other than
pollock will accrue against the 2018 and 2019 PSC sideboard limits for
the AFA catcher vessels. Section 679.21(b)(4)(iii), (e)(7), and
(e)(3)(v) authorize NMFS to close directed fishing for groundfish other
than pollock for AFA catcher vessels once a proposed 2018 and 2019 PSC
sideboard limit listed in Table 16 is reached. Pursuant to Sec.
679.21(b)(1)(ii)(C) and (e)(3)(ii)(C), halibut or crab PSC caught by
AFA catcher vessels while fishing for pollock in the BS will accrue
against the bycatch allowances annually specified for the pollock/Atka
mackerel/``other species'' fishery categories under Sec.
679.21(b)(1)(ii)(B) and (e)(3)(iv).
[[Page 57923]]
Table 16--Proposed 2018 and 2019 American Fisheries Act Catcher Vessel Prohibited Species Catch Sideboard Limits
for the BSAI \1\
----------------------------------------------------------------------------------------------------------------
Proposed 2018
AFA catcher and 2019 PSC Proposed 2018
Target fishery category vessel PSC limit after and 2019 AFA
PSC species and area \1\ \2\ sideboard subtraction of catcher vessel
limit ratio PSQ reserves PSC sideboard
\3\ limit \3\
----------------------------------------------------------------------------------------------------------------
Halibut............................... Pacific cod trawl....... n/a n/a 887
Pacific cod hook-and- n/a n/a 2
line or pot.
Yellowfin sole total.... n/a n/a 101
Rock sole/flathead sole/ n/a n/a 228
other flatfish.\4\.
Greenland turbot/ n/a n/a
arrowtooth flounder/
Kamchatka flounder/
sablefish.
Rockfish................ n/a n/a 2
Pollock/Atka mackerel/ n/a n/a 5
other species.\5\.
Red king crab Zone 1.................. n/a..................... 0.2990 86,621 25,900
C. opilio COBLZ....................... n/a..................... 0.1680 8,144,641 1,368,300
C. bairdi Zone 1...................... n/a..................... 0.3300 741,190 244,593
C. bairdi Zone 2...................... n/a..................... 0.1860 2,250,360 418,567
----------------------------------------------------------------------------------------------------------------
\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, Kamchatka 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 Order 12866.
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 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 described 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 IRFA 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 gross receipts not in excess of $11 million for all its
affiliated operations worldwide.
The estimated number of directly regulated small entities in 2016
include approximately 119 catcher vessels, five 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 the
aggregate gross receipts of all participating members of the
cooperative must meet the ``under $11 million'' threshold, the
cooperatives are considered to be large entities within the meaning of
the RFA. Thus, the estimate of 119 catcher vessels may be an
overstatement of the number of small entities. Average gross revenues
were $690,000 for small hook-and-line vessels, $1.25 million for small
pot vessels, and $3.44 million for small trawl vessels. The average
gross revenue for catcher/processor hook and line vessels was $2.90
million. The revenue data for other catcher/processor's data are not
reported, due to confidentiality considerations.
The preferred alternative (Alternative 2) was compared to four
other alternatives. Alternative 1 would have set TACs to generate
fishing rates equal
[[Page 57924]]
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 Alternative 2, the preferred harvest
strategy, are those adopted by the Council in October 2017. OFLs and
ABCs for the species were based on recommendations prepared by the
Council's BSAI Groundfish Plan Team in September 2017, and reviewed and
modified by the Council's SSC in October 2017. 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 2018 and 2019
would be about 4,214,648 mt, which falls above the upper bound of the
OY range. Under Alternative 1, 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 small entity impacts of
the preferred alternative. However, NMFS cannot set TACs equal to the
sum of ABCs in the BSAI due to the constraining OY limit of 2.0 million
mt, which Alternative 1 would exceed.
Alternative 3 selects harvest rates based on the most recent 5
years of harvest rates (for species in Tiers 1 through 3) or based on
the most recent 5 years of harvests (for species in Tiers 4 through 6).
This alternative is inconsistent with the objectives of this action (as
reflected in Alternative 2, 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 2018
TACs by about 30 percent, which would lead to significant reductions in
harvests of species by small entities. While reductions of this size
would alter the supply, and, therefore, would be associated with
offsetting price increases, the size of these associated price
increases is uncertain. While production declines in the BSAI would
undoubtedly be associated with price increases in the BSAI, these
increases would be constrained by production of substitutes, and are
unlikely to completely offset revenue declines resulting from
reductions in harvests of these species by small entities. 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
the requirement for achieving OY on a continuing basis, as mandated by
the Magnuson-Stevens Act.
The proposed harvest specifications (Alternative 2) extend the
current 2018 OFLs, ABCs, and TACs to 2018 and 2019, with the exceptions
for decreases of Pacific cod OFL, ABC, and TAC in the BS and related
increases in Atka mackerel, Pacific ocean perch, pollock, and rock sole
TAC amounts. As noted in the IRFA, the Council may modify these OFLs,
ABCs, and TACs in December 2017, when it reviews the November 2017 SAFE
report from its groundfish Plan Team, and the reports of the SSC and AP
at the December Council meeting. Because most of the TACs in the
proposed 2018 and 2019 harvest specifications are unchanged from the
2018 harvest specification TACs, with the exception of modifications
for TACs for five species, and because the sum of all TACs remains
within the upper limit of OY for the BSAI of 2.0 million mt, NMFS does
not expect adverse impacts on small entities. Also, NMFS does not
expect any changes made by the Council in December 2017 to be large
enough to have an impact on small entities.
This action does not modify recordkeeping or reporting
requirements, or duplicate, overlap, or conflict with any Federal
rules.
Adverse impacts on marine mammals resulting from fishing activities
conducted under these harvest specifications are discussed in the Final
EIS (see ADDRESSES), and in the 2017 SIR (https://alaskafisheries.noaa.gov/sites/default/files/sir-2017-18.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: December 4, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
[FR Doc. 2017-26477 Filed 12-6-17; 4:15 pm]
BILLING CODE 3510-22-P
