Fisheries of the Exclusive Economic Zone Off Alaska: Bering Sea and Aleutian Islands; Proposed 2009 and 2010 Harvest Specifications for Groundfish
Federal Register: December 10, 2008 (Volume 73, Number 238)
Proposed Rules
Page 75059-75076
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr10de08-25
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 679
Docket No. 0810141351-81451-01
RIN 0648-XL28
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; Proposed 2009 and 2010 Harvest Specifications for
Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
SUMMARY: NMFS proposes 2009 and 2010 harvest specifications and prohibited species catch allowances for the groundfish fisheries of the
Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to establish harvest limits for groundfish during the 2009 and 2010 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 9, 2009.
ADDRESSES: Send comments to Sue Salveson, Assistant Regional
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS,
Attn: Ellen Sebastian. You may submit comments, identified by RIN 0648-
XL28, by any one of the following methods:
Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal website at http:// www.regulations.gov.
Mail: P. O. Box 21668, Juneau, AK 99802.
Fax: (907) 586-7557.
Hand delivery to the Federal Building: 709 West 9th
Street, Room 420A, Juneau, AK.
All comments received are a part of the public record and will generally be posted to http://www.regulations.gov without change. All
Personal Identifying Information (e.g., name, address) voluntarily submitted by the commenter may be publicly accessible. Do not submit
Confidential Business Information or otherwise sensitive or protected information.
NMFS will accept anonymous comments (enter N/A in the required fields, if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or
Adobe portable document file (pdf) formats only.
Copies of the Final Alaska Groundfish Harvest Specifications
Environmental Impact Statement (Final EIS), Record of Decision (ROD), and Initial Regulatory Flexibility Analysis (IRFA) prepared for this action are available from NMFS at the mailing address above or from the
Alaska Region website at http://www.alaskafisheries.noaa.gov. Copies of the final 2008 Stock Assessment and Fishery Evaluation (SAFE) report for the groundfish resources of the Bering Sea and Aleutian Islands
(BSAI), dated November 2007, are available from the North Pacific
Fishery Management Council (Council), 605 West 4th Avenue, Suite 306,
Anchorage, AK 99510-2252, 907-271-2809, or from its website at http:// www.alaskafisheries.noaa.gov/npfmc/default.htm.
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.
SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR part 679 implement the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) and govern the groundfish fisheries in the BSAI. The Council prepared the FMP and NMFS approved it under the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act). General regulations governing U.S. fisheries also appear at 50 CFR part 600.
The FMP and its implementing regulations require NMFS, after consultation with the Council, to specify annually the total allowable catch (TAC) for each target species and the ``other species'' category, the sum of which must be within the optimum yield range of 1.4 million to 2.0 million metric tons (mt) (see Sec. 679.20(a)(1)(i)). Section 679.20(c)(1) further requires NMFS to publish proposed harvest specifications in the Federal Register and solicit public comments on proposed annual TACs and apportionments thereof, prohibited species catch (PSC) allowances, and prohibited species quota (PSQ) reserves established by Sec. 679.21, seasonal allowances of pollock, Pacific cod, and Atka mackerel TAC, Amendment 80 allocations, and Community
Development Quota (CDQ) reserve amounts established by Sec. 679.20(b)(1)(ii). The proposed harvest specifications set forth in
Tables 1 through 12 of this action satisfy these requirements.
Under Sec. 679.20(c)(3), NMFS will publish the final harvest specifications for 2009 and 2010 after (1) considering comments received within the comment period (see DATES), (2) consulting with the
Council at its December 2008 meeting, and (3) considering new information presented in the Final EIS and the final 2008 SAFE reports prepared for the 2009 and 2010 groundfish fisheries.
Other Actions Potentially Affecting the 2009 and 2010 Harvest
Specifications
The Council submitted Amendment 73 to the FMP. NMFS published a proposed rule in the Federal Register on September 24, 2008 (73 FR 55010). This amendment would remove dark rockfish (Sebastes ciliatus) from the ``other rockfish'' category and from the FMP. The State of
Alaska would assume management of dark rockfish, and the TAC of the
``other rockfish'' category would be slightly smaller than in previous years. The Council is considering a proposal that would allocate the
Pacific cod TAC by Bering Sea subarea and Aleutian Islands (AI) subarea instead of a combined BSAI TAC, although associated fishery
Page 75060
management implications would require more time to assess and resolve.
As a result, a Pacific cod split is unlikely for 2009. Additional proposals being developed by the Plan Team for Council consideration would separate some species from the ``other species'' category so that individual overfishing levels (OFLs), acceptable biological catches
(ABCs), and TACs may be established for these species. Another would allocate the ABC for rougheye rockfish by Bering Sea subarea and
Aleutian Islands (AI) subarea instead of a combined BSAI ABC. These latter two proposals could change the final 2009 and 2010 harvest specifications. Additionally, the existing 2009 harvest specifications will be updated in early 2009 when final harvest specifications for 2009 and new harvest specifications for 2010 are implemented.
Proposed ABC and TAC Harvest Specifications
The proposed ABC levels are based on the best available biological information, including projected biomass trends, information on assumed distribution of stock biomass, and revised technical methods used to calculate stock biomass. In general, the development of ABCs and OFLs involves sophisticated statistical analyses of fish populations. The
FMP specifies a series of six tiers based on the level of reliable information available to fishery scientists. Tier one represents the highest level of information quality available while tier six represents the lowest level of information quality available.
Appendix A to the final SAFE report for the 2008 BSAI groundfish fisheries dated November 2007 (see ADDRESSES) sets forth the best information currently available. Information on the status of stocks, including the 2008 survey results, will be updated and considered by the Council's Groundfish Plan Team in November 2008 for the 2008 SAFE report. The final 2009 and 2010 harvest specifications will be based on the 2008 SAFE report.
In October 2008, the Scientific and Statistical Committee (SSC),
Advisory Panel, and the Council reviewed the Plan Team's recommended proposed 2009 and 2010 OFL and ABC amounts. The SSC concurred in the
Plan Team's recommendations. The recommendations are based on rollovers of the current 2009 amounts. This uses the best information available from the 2007 stock assessments.
The Council adopted the OFL and ABC amounts recommended by the SSC
(Table 1). The Council recommended that all the proposed 2009 and 2010
TAC amounts be set equal to the 2008 TAC amounts except for reduced TAC amounts for sablefish, Atka mackerel, Pacific ocean perch (POP), northern rockfish, and the ``other rockfish'' group. The adjustments from the 2008 TAC amounts account for the lower 2009 ABC amounts for these species. As in previous years, the Plan Team, Advisory Panel,
SSC, and Council recommended that total removals of Pacific cod from the BSAI not exceed ABC recommendations. Accordingly, the Council recommended that the proposed 2009 and 2010 Pacific cod TACs be adjusted downward from the ABCs by amounts equal to 3 percent of the
ABC. This adjustment is necessary to account for the guideline harvest level (GHL) established for Pacific cod by the State of Alaska (State) for a State-managed fishery that occurs in State waters in the AI subarea. Finally, the Council recommended using the 2008 and 2009 PSC allowances for the proposed 2009 and 2010 PSC allowances. The Council will reconsider the OFL, ABC, TAC, and PSC amounts in December 2008 after the Plan Team incorporates new status of groundfish stocks information into a final 2008 SAFE report for the 2009 and 2010 BSAI groundfish fishery. None of the Council's recommended proposed TACs for 2009 or 2010 exceeds the recommended 2009 or 2010 proposed ABC for any species category. NMFS finds the Council's recommended proposed 2009 and 2010 OFL, ABC, and TAC amounts consistent with the best available information on the biological condition of the groundfish stocks.
Table 1 lists the proposed 2009 and 2010 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 2009 AND 2010 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 2009 and 2010
Species
Area
OFL
ABC
TAC
ITAC\2\
CDQ\3,4,5\
Pollock\3\
BS
1,320,000
1,000,000
1,000,000
900,000
100,000
AI
26,100
22,700
19,000
17,100
1,900
Bogoslof
58,400
7,970
10
10
0
Pacific cod\4\
BSAI
207,000
176,000
170,720
152,453
18,267
Sablefish\5\
BS
2,910
2,610
2,610
1,109
98
AI
2,510
2,230
2,230
474
41
Atka mackerel
BSAI
50,600
47,500
47,500
42,418
5,083
EAI/BS
n/a
15,300
15,300
13,663
1,637
CAI
n/a
19,000
19,000
16,967
2,033
WAI
n/a
13,200
13,200
11,788
1,412
Yellowfin sole
BSAI
296,000
296,000
225,000
200,925
24,075
Rock sole
BSAI
379,000
375,000
75,000
66,975
8,025
Greenland turbot
BSAI
16,000
2,540
2,540
2,159
n/a
BS
n/a
1,750
1,750
1,488
187
AI
n/a
790
790
672
0
Page 75061
Arrowtooth flounder
BSAI
300,000
246,000
75,000
63,750
8,025
Flathead sole
BSAI
83,700
69,700
50,000
44,650
5,350
Other flatfish\6\
BSAI
28,800
21,600
21,600
18,360
0
Alaska plaice
BSAI
277,000
217,000
50,000
42,500
0
Pacific ocean perch
BSAI
25,400
21,300
21,300
18,845
n/a
BS
n/a
4,100
4,100
3,485
0
EAI
n/a
4,810
4,810
4,295
515
CAI
n/a
4,900
4,900
4,376
524
WAI
n/a
7,490
7,490
6,689
801
Northern rockfish
BSAI
9,680
8,130
8,130
6,911
0
Shortraker rockfish
BSAI
564
424
424
360
0
Rougheye rockfish
BSAI
269
202
202
172
0
Other rockfish\7\
BSAI
1,290
968
968
823
0
BS
n/a
414
414
352
0
AI
n/a
554
554
471
0
Squid
BSAI
2,620
1,970
1,970
1,675
0
Other species\8\
BSAI
104,000
78,100
50,000
42,500
0
TOTAL
3,191,843
2,577,944
1,824,204
1,624,168
172,891
\1\ These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these harvest specifications, the Bering Sea (BS) subarea includes the Bogoslof District.
\2\ Except for pollock, the portion of the sablefish TAC allocated to hook and line and pot gear, and Amendment 80 species, 15 percent of each TAC is put into a reserve. The ITAC for these species is the remainder of the TAC after the subtraction of these reserves.
\3\ Under Sec. 679.20(a)(5)(i)(A)(1), the annual Bering Sea subarea pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (3.5 percent), is further allocated by sector for a directed pollock fishery as follows: inshore 50 percent; catcher/processor 40 percent; and motherships 10 percent. Under Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual Aleutian
Islands subarea pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance
(1,600 mt), is allocated to the Aleut Corporation for a directed pollock fishery.
\4\ The Pacific cod TAC is reduced by three percent from the ABC to account for the State of Alaska's guideline harvest level in State waters of the
Aleutian Islands subarea.
\5\ For the Amendment 80 species (Atka mackerel, Aleutian Islands Pacific ocean perch, yellowfin sole, rock sole, flathead sole, and Pacific cod), 10.7 percent of the TAC is reserved for use by CDQ participants (see Sec. Sec. 679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish TAC allocated to hook and line gear or pot gear, 7.5 percent of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for Bering Sea
Greenland turbot and arrowtooth flounder are reserved for use by CDQ participants (see Sec. 679.20(b)(1)(ii)(B) and (D)). Aleutian Islands Greenland turbot, ``other flatfish'', Alaska plaice, Bering Sea Pacific ocean perch, northern rockfish, shortraker rockfish, rougheye rockfish, ``other rockfish'', squid, and ``other species'' are not allocated to the CDQ program.
\6\ ``Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), flathead sole, Greenland turbot, rock sole, yellowfin sole, arrowtooth flounder, and Alaska plaice.
\7\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, northern, shortraker, and rougheye rockfish.
\8\ ``Other species'' includes sculpins, sharks, skates, and octopus. Forage fish, as defined at Sec. 679.2, are not included in the ``other species'' category.
Reserves and the Incidental Catch Allowance (ICA) for Pollock, Atka
Mackerel, Flathead Sole, Rock Sole, Yellowfin Sole, and Aleutian
Islands Pacific Ocean Perch
Section 679.20(b)(1)(i) requires the placement of 15 percent of the
TAC for each target species or ``other species'' category, except for pollock, the hook-and-line and pot gear allocation of sablefish, and the Amendment 80 species, in a non-specified reserve. Section 679.20(b)(1)(ii)(B) requires that 20 percent of the hook-and-line and pot gear allocation of sablefish be allocated to the fixed gear sablefish CDQ reserve. Section 679.20(b)(1)(ii)(D) requires that 7.5 percent of the trawl gear allocations of sablefish and 10.7 percent of
Bering Sea Greenland turbot and arrowtooth flounder be allocated to the respective CDQ reserves. Section 679.20(b)(1)(ii)(C) requires that 10.7 percent of the TACs for Atka mackerel, Aleutian Islands Pacific ocean perch, yellowfin sole, rock sole, flathead sole, and Pacific cod be allocated to the CDQ reserves. Sections 679.20(a)(5)(i)(A) and 679.31(a) also require the allocation of 10 percent of the BSAI pollock
TACs to the pollock CDQ directed fishing allowance (DFA). The entire
Bogoslof District pollock TAC is allocated as an incidental catch allowance (ICA) (see Sec. 679.20(a)(5)(ii)). With the exception of the hook-and-line and pot gear sablefish CDQ reserve, the regulations do not further apportion the CDQ reserves by gear. Section
Page 75062
679.21(e)(3)(i)(A) requires withholding 7.5 percent of the Chinook salmon PSC limit, 10.7 percent of the crab and non-Chinook salmon PSC limits, and 343 mt of halibut PSC as PSQ reserves for the CDQ fisheries. Sections 679.30 and 679.31 set forth regulations governing the management of the CDQ and PSQ reserves.
Pursuant to Sec. 679.20(a)(5)(i)(A)(1), NMFS proposes a pollock
ICA of 3.5 percent of the Bering Sea subarea pollock TAC after subtraction of the 10 percent CDQ reserve. This allowance is based on
NMFS's examination of the pollock incidental catch, including the incidental catch by CDQ vessels, in target fisheries other than pollock from 1999 through 2008. During this 10-year period, the pollock incidental catch ranged from a low of 2.4 percent in 2006 to a high of 5 percent in 1999, with a 9-year average of 3 percent. Pursuant to
Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS proposes a pollock ICA of 1,600 mt for AI subarea after subtraction of the 10 percent CDQ directed fishing allowance (DFA). This allowance is based on NMFS's examination of the pollock incidental catch, including the incidental catch by CDQ vessels, in target fisheries other than pollock from 2003 through 2008. During this 6-year period, the incidental catch of pollock ranged from a low of 5 percent in 2006 to a high of 10 percent in 2003, with a 5-year average of 6 percent.
Pursuant to Sec. 679.20(a)(8) and (10), NMFS proposes ICAs of 4,500 mt of flathead sole, 5,000 mt of rock sole, 2,000 mt of yellowfin sole, 10 mt each of Western and Central Aleutian District for both
Pacific ocean perch and Atka mackerel, 100 mt of Eastern Aleutian
District Pacific ocean perch, and 200 mt of Eastern Aleutian District and Bering Sea subarea Atka mackerel after subtraction of the 10.7 percent CDQ reserve. These allowances are based on NMFS's examination of the incidental catch in other target fisheries from 2003 through 2008.
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 and the ``other species'' category during the year, provided that such apportionments do not result in overfishing (see Sec. 679.20(b)(1)(i)).
Allocations of Pollock TAC Under the American Fisheries Act (AFA)
Section 679.20(a)(5)(i)(A) requires that the pollock TAC apportioned to the Bering Sea subarea, after subtraction of 10 percent for the CDQ program and 3.5 percent for the ICA, be allocated as a DFA as follows: 50 percent to the inshore sector, 40 percent to the catcher/processor sector, and 10 percent to the mothership sector. In the Bering Sea subarea, 40 percent of the DFA is allocated to the A season (January 20-June 10) and 60 percent of the DFA is allocated to the B season (June 10-November 1). The AI directed pollock fishery allocation to the Aleut Corporation is the amount of pollock remaining in the AI subarea after subtracting 1,900 mt for the CDQ DFA (10 percent) and 1,600 mt for the ICA. In the AI subarea, 40 percent of the
ABC is allocated to the A season and the remainder of the directed pollock fishery is allocated to the B season. Table 2 lists these proposed 2009 and 2010 amounts.
Section 679.20(a)(5)(i)(A)(4) also includes several specific requirements regarding Bering Sea subarea pollock allocations. First, 8.5 percent of the pollock allocated to the catcher/processor sector will be available for harvest by AFA catcher vessels with catcher/ processor sector endorsements, unless the Regional Administrator receives a cooperative contract that provides for the distribution of harvest among AFA catcher/processors and AFA catcher vessels in a manner agreed to by all members. Second, AFA catcher/processors not listed in the AFA are limited to harvesting not more than 0.5 percent of the pollock allocated to the catcher/processor sector. Table 2 lists the proposed 2009 and 2010 allocations of pollock TAC. Tables 9 through 12 list the AFA catcher/processor and catcher vessel harvesting sideboard limits. In past years, the proposed harvest specifications included text and tables describing pollock allocations to the Bering
Sea subarea inshore pollock cooperatives and open access sector. These allocations are based on the submission of AFA inshore cooperative applications due to NMFS on December 1 of each calendar year. Because
AFA inshore cooperative applications for 2009 have not yet been submitted to NMFS, thereby preventing NMFS from calculating 2009 allocations, NMFS has not included inshore cooperative text and tables in these proposed harvest specifications. NMFS will post AFA inshore cooperative allocations on the Alaska Region website at http:// www.alaskafisheries.noaa.gov when they become available in December 2008.
Table 2 also lists proposed seasonal apportionments of pollock and harvest limits within the Steller Sea Lion Conservation Area (SCA). The harvest of pollock within the SCA, as defined at Sec. 679.22(a)(7)(vii), is limited to 28 percent of the DFA until April 1.
The remaining 12 percent of the 40 percent annual DFA allocated to the
A season may be taken outside the SCA before April 1 or inside the SCA after April 1. If less than 28 percent of the annual DFA is taken inside the SCA before April 1, the remainder will be available to be taken inside the SCA after April 1. The A season pollock SCA harvest limit will be apportioned to each sector in proportion to each sector's allocated percentage of the DFA. Table 2 lists by sector these proposed 2009 and 2010 amounts.
TABLE 2--PROPOSED 2009 AND 2010 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
DIRECTED FISHING ALLOWANCES (DFA)\1\
Amounts are in metric tons
2009 and 2010 A season\1\
2009 and 2010 B 2009 and 2010 ----------------------------------------
season\1\
Area and sector
allocations
SCA harvest
A season DFA
limit\2\
B season DFA
Bering Sea subarea TAC
1,000,000
n/a
n/a
n/a
CDQ DFA
100,000
40,000
28,000
60,000
ICA \1\
31,500
n/a
n/a
n/a
AFA Inshore
434,250
173,700
121,590
260,550
AFA Catcher/Processors\3\
347,400
138,960
97,272
208,440
Catch by C/Ps
317,871
127,148
n/a
190,723
Catch by CVs\3\
29,529
11,812
n/a
17,717
Unlisted C/P Limit\4\
1,737
695
n/a
1,042
Page 75063
AFA Motherships
86,850
34,740
24,318
52,110
Excessive Harvesting Limit\5\
151,988
n/a
n/a
n/a
Excessive Processing Limit\6\
260,550
n/a
n/a
n/a
Total Bering Sea DFA (non-CDQ) 868,501
347,400
243,180
521,100
Aleutian Islands subarea\1\
19,000
n/a
n/a
n/a
CDQ DFA
1,900
760
n/a
1,140
ICA
1,600
800
n/a
800
Aleut Corporation
15,500
10,200
n/a
5,300
Bogoslof District ICA\7\
10
n/a
n/a
n/a
\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the annual Bering Sea subarea pollock TAC, after subtraction for the
CDQ DFA (10 percent) and the ICA (3.5 percent), is allocated as a DFA as follows: inshore sector 50 percent, catcher/processor sector 40 percent, and mothership sector 10 percent. In the Bering Sea subarea, 40 percent of the DFA is allocated to the A season (January 20 June 10) and 60 percent of the DFA is allocated to the B season (June 10 November 1). Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock
TAC, after subtracting first for the CDQ DFA (10 percent) and second the ICA (1,600 mt), is allocated to the
Aleut Corporation for a directed pollock fishery. In the AI subarea, the A season is allocated 40 percent of the ABC and the B season is allocated the remainder of the directed pollock fishery.
\2\ In the Bering Sea subarea, no more than 28 percent of each sector's annual DFA may be taken from the sealion conservation area (SCA) before April 1. The remaining 12 percent of the annual DFA allocated to the A season may be taken outside of the SCA before April 1 or inside the SCA after April 1. If 28 percent of the annual
DFA is not taken inside the SCA before April 1, the remainder is available to be taken inside the SCA after
April 1.
\3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/ processors (C/Ps) shall be available for harvest only by eligible catcher vessels (CVs) delivering to listed catcher/processors.
\4\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/processors sector's allocation of pollock.
\5\ Pursuant to Sec. 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the pollock DFAs not including CDQ.
\6\ Pursuant to Sec. 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the pollock DFAs not including CDQ.
\7\ The Regional Administrator proposes closing the Bogoslof pollock fishery for directed fishing under the final 2009 and 2010 harvest specifications for the BSAI. The amounts specified are for incidental catch only and are not apportioned by season or sector.
Allocation of the Atka Mackerel TACs
Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtraction of the CDQ reserves, jig gear allocation, and ICAs for the
BSAI trawl limited access sector and non-trawl gear, to the Amendment 80 and BSAI trawl limited access sectors (Table 3). 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.
Pursuant to Sec. 679.20(a)(8)(i), up to 2 percent of the Eastern
Aleutian District and Bering Sea subarea Atka mackerel ITAC may be allocated to jig gear. The amount of this allocation is determined annually by the Council based on several criteria, including the anticipated harvest capacity of the jig gear fleet. The Council recommended and NMFS proposes a 0.5 percent allocation of the Atka mackerel ITAC in the Eastern Aleutian District and Bering Sea subarea to jig gear in 2009 and 2010. Based on the proposed 2009 and 2010 TAC of 15,300 mt after subtractions of the CDQ reserve and ICA, the jig gear allocation would be 67 mt for 2009 and 2010.
Section 679.20(a)(8)(ii)(A) apportions the Atka mackerel ITAC into two equal seasonal allowances. The first seasonal allowance is made available for directed fishing from January 1 (January 20 for trawl gear) to April 15 (A season), and the second seasonal allowance is made available from September 1 to November 1 (B season). The jig gear allocation is not apportioned by season.
Pursuant to Sec. 679.20(a)(8)(ii)(C)(1), the Regional
Administrator will establish a harvest limit area (HLA) limit of no more than 60 percent of the seasonal TAC for the Western and Central
Aleutian Districts.
NMFS will establish HLA limits for the CDQ reserve and each of the three non-CDQ fishery categories: the BSAI trawl limited access sector; the Amendment 80 limited access fishery; and an aggregate HLA limit applicable to all Amendment 80 cooperatives. NMFS will assign vessels in each of the three non-CDQ fishery categories that apply to fish for
Atka mackerel in the HLA to an HLA fishery based on a random lottery of the vessels that apply (see Sec. 679.20(a)(8)(iii)). There is no allocation of Atka mackerel to the BSAI trawl limited access sector in the Western Aleutian District. Therefore, no vessels in the BSAI trawl limited access sector will be assigned to the Western Aleutian District
HLA fishery.
Each trawl sector will have a separate lottery. A maximum of two
HLA fisheries will be established in Area 542 for the BSAI trawl limited access sector. A maximum of four HLA fisheries will be established for vessels assigned to Amendment 80 cooperatives: a first and second HLA fishery in Area 542, and a first and second HLA fishery in Area 543. A maximum of four HLA fisheries will be established for vessels assigned to the Amendment 80 limited access fishery: a first and second HLA fishery in Area 542, and a first and second HLA fishery in Area 543. NMFS will initially open fishing for the first HLA fishery in all three fishery categories at the same time. The initial opening of fishing in the HLA will be based on the first directed fishing closure of Atka mackerel for the Eastern Aleutian District and Bering
Sea subarea allocation for any one of the three non-CDQ fishery categories allocated Atka mackerel TAC.
Page 75064
TABLE 3--PROPOSED 2009 AND 2010 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
2009 allocation by area
2010 allocation by area
Sector\2\
Season\1,3,4\
Eastern Aleutian
Central Aleutian
Western Aleutian
Eastern Aleutian
Central Aleutian
Western Aleutian
District/Bering Sea
District
District
District/Bering Sea
District
District
TAC
n/a
15,300
19,000
13,200
15,300
19,000
13,200
CDQ
Total
1,637
2,033
1,412
1,637
2,033
1,412 reserve
HLA\5\
n/a
1,220
847
n/a
1,220
847
ICA
Total
200
20
20
200
20
20
Jig\6\
Total
67
0
0
67
0
0
BSAI trawl limited access
Total
536
678
0
804
1,017
0
A
268
339
0
402
508
0
HLA
n/a
203
0
n/a
305
0
B
268
339
0
402
508
0
HLA
n/a
203
0
n/a
305
0
Amendment 80 limited access
Total
6,835
9,796
7,254
6,683
9,590
7,255
A
3,418
4,898
3,627
3,342
4,795
3,628
HLA
n/a
2,939
2,176
n/a
2,877
2,177
B
3,418
4,898
3,627
3,342
4,795
3,628
HLA
n/a
2,939
2,176
n/a
2,877
2,177
Amendment 80 cooperatives
Total
6,025
6,473
4,514
5,909
6,340
4,513
A
3,013
3,237
2,257
2,955
3,170
2,257
HLA
n/a
1,942
1,354
n/a
1,902
1,354
B
3,013
3,237
2,257
2,955
3,170
2,257
HLA
n/a
1,942
1,354
n/a
1,902
1,354
\1\ Regulations at Sec. Sec. 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery.
\2\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtraction of the CDQ reserves, ICAs, and the jig gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to part 679 and 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).
\3\ The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
\4\ The A season is January 1 (January 20 for trawl gear) to April 15, and the B season is September 1 to November 1.
\5\ Harvest Limit Area (HLA) limit refers to the amount of each seasonal allowance that is available for fishing inside the HLA (see Sec. 679.2). In 2009 and 2010, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts.
\6\ Section 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian District and Bering Sea subarea TAC be allocated to jig gear after subtraction of the CDQ reserve and ICA. The amount of this allocation is 0.5 percent. The jig gear allocation is not apportioned by season.
Allocation of the Pacific Cod TAC
Section 679.20(a)(7)(i) and (ii) requires that the Pacific cod TAC in the BSAI, after subtraction of 10.7 percent for the CDQ program, be allocated as follows: 1.4 percent to vessels using jig gear, 2.0 percent to hook-and-line and pot catcher vessels less than 60 ft (18.3 m) length overall (LOA), 0.2 percent to hook-and-line catcher vessels greater than or equal to 60 ft (18.3 m) LOA, 48.7 percent to hook-and- line catcher/processors, 8.4 percent to pot catcher vessels greater than or equal to 60 ft (18.3 m) LOA, 1.5 percent to pot catcher/ processors, 2.3 percent to AFA trawl catcher/processors, 13.4 percent to non-AFA trawl catcher/processors, and 22.1 percent to trawl catcher vessels. The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC allocated to the hook- and-line and pot sectors. The Regional Administrator proposes an ICA of 500 mt for 2009 and 2010 based on anticipated incidental catch in these fisheries. The allocation of the ITAC for Pacific cod to the Amendment 80 sector is established in Table 33 to part 679 and Sec. 679.91.
The Pacific cod ITAC is apportioned into seasonal allowances to disperse the Pacific cod fisheries over the fishing year (see
Sec. Sec. 679.20(a)(7) and 679.23(e)(5)). In accordance with Sec. 679.20(a)(7)(iv)(B) and (C), any unused portion of a seasonal Pacific cod allowance will become available at the beginning of the next seasonal allowance.
Pursuant to Sec. Sec. 679.20(a)(7)(i)(B) and 679.23(e)(5), the CDQ season allowances by gear are as follows: for most hook-and-line catcher/processors and hook-and-line catcher vessels greater than or equal to 60 ft (18.3 m) LOA, the first
Page 75065
seasonal allowance of 60 percent of the ITAC is made available for directed fishing from January 1 to June 10, and the second seasonal allowance of 40 percent of the ITAC is made available from June 10 to
December 31. No seasonal harvest constraints are imposed on the Pacific cod fishery for pot gear or catcher vessels less than 60 ft (18.3 m)
LOA using hook-and-line gear. For trawl gear, the first season is
January 20 to April 1 and is allocated 60 percent of the ITAC. The second season, April 1 to June 10, and the third season, June 10 to
November 1, are each allocated 20 percent of the ITAC. The trawl catcher vessel allocation is further allocated as 70 percent in the first season, 10 percent in the second season, and 20 percent in the third season. The trawl catcher/processor allocation is allocated 50 percent in the first season, 30 percent in the second season, and 20 percent in the third season. For jig gear, the first and third seasonal allowances are each allocated 40 percent of the ITAC, and the second seasonal allowance is allocated 20 percent of the ITAC.
Pursuant to Sec. Sec. 679.20(a)(7)(iv)(A) and 679.23(e)(5), the non-CDQ season allowances by gear are as follows. For hook-and-line and pot catcher/processors and hook-and-line and pot vessels greater than or equal to 60 ft (18.3 m) LOA, the first seasonal allowance of 51 percent of the ITAC is made available for directed fishing from January 1 to June 10, and the second seasonal allowance of 49 percent of the
ITAC is made available from June 10 (September 1 for pot gear) to
December 31. No seasonal harvest constraints are imposed on the Pacific cod fishery for catcher vessels less than 60 ft (18.3 m) LOA using hook-and-line or pot gear. For trawl gear, the first season is January 20 to April 1, the second season is April 1 to June 10, and the third season is June 10 to November 1. The trawl catcher vessel allocation is further allocated as 74 percent in the first season, 11 percent in the second season, and 15 percent in the third season. The trawl catcher/ processor allocation is allocated 75 percent in the first season, 25 percent in the second season, and zero percent in the third season. For jig gear, the first seasonal allowance is allocated 60 percent of the
ITAC, and the second and third seasonal allowances are each allocated 20 percent of the ITAC. Table 4 lists the proposed 2009 and 2010 allocations and seasonal apportionments of the Pacific cod TAC.
TABLE 4--PROPOSED 2009 AND 2010 GEAR SHARES AND SEASONAL ALLOWANCES OF THE BSAI PACIFIC COD TAC
Amounts are in metric tons
2009 and
2009 and 2010 seasonal 2009 and 2010 2010 share
apportionment
Gear sector
Percent
share of gear of sector ---------------------------------- sector total
total
Season
Amount
Total TAC
100
170,720
n/a
n/a
n/a
CDQ
10.7
18,267
n/a
see Sec.
n/a 679.20(a)(7)(i)(B)
Total hook-and-line/pot gear
60.8
92,691
n/a
n/a
n/a
Hook-and-line/pot ICA\1\
n/a
n/a
500
n/a
n/a
Hook-and-line/pot sub-total
n/a
92,191
n/a
n/a
n/a
Hook-and-line catcher/processors 48.7
n/a
73,844
Jan 1-Jun 10
37,660
............. ............. ............ Jun 10-Dec 31
36,184
Hook-and-line catcher vessels
0.2
n/a
303
Jan 1-Jun 10
155
gteqt
60 ft LOA
............. ............. ............ Jun 10-Dec 31
149
Pot catcher/processors
1.5
n/a
2,274
Jan 1-Jun 10
1,160
............. ............. ............ Sept 1-Dec 31
1,114
Pot catcher vessels [gteqt] 60 ft 8.4
n/a
12,737
Jan 1-Jun 10
6,496
LOA
............. ............. ............ Sept 1-Dec 31
6,241
Catcher vessels
