Fisheries of the Exclusive Economic Zone Off Alaska: Bering Sea and Aleutian Islands; 2009 and 2010 Harvest Specifications for Groundfish
Federal Register: February 17, 2009 (Volume 74, Number 30)
Rules and Regulations
Page 7359-7381
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr17fe09-12
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 679
Docket No. 0810141351-9087-02
RIN 0648-XL28
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; Final 2009 and 2010 Harvest Specifications for
Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; closures.
SUMMARY: NMFS announces final 2009 and 2010 harvest specifications and prohibited species catch allowances for the groundfish fishery 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 (FMP). 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: Effective from 1200 hrs, Alaska local time (A.l.t.), February 17, 2009, through 2400 hrs, A.l.t., December 31, 2010.
ADDRESSES: Copies of the Final Alaska Groundfish Harvest Specifications
Environmental Impact Statement (EIS), Record of Decision (ROD),
Supplementary Information Report (SIR) to the EIS, and Final Regulatory
Flexibility Analysis (FRFA) prepared for this action are available on the Alaska Region Web site at http://www.alaskafisheries.noaa.gov.
Printed copies can be obtained from the Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802, Attn: Ellen Sebastian. Copies of the 2008
Stock Assessment and Fishery Evaluation (SAFE) report for the groundfish resources of the Bering Sea and Aleutian Islands management area (BSAI) dated November 2008, are available from the North Pacific
Fishery Management Council, West 4th Avenue, Suite 306, Anchorage, AK 99510-2252, phone 907-271-2809, or from its Web site at http:// www.alaskafisheries.noaa.gov/npfmc.
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269, or e-mail steven.whitney@noaa.gov.
SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR part 679 implement the FMP and govern the groundfish fisheries in the BSAI. The
North Pacific Fishery Management Council (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 the total allowable catch
(TAC) for each target species and for the ``other species'' category, and the sum 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)). NMFS also must specify apportionments of TACs, prohibited species catch (PSC)
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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 final harvest specifications set forth in Tables 1 through 16 of this action satisfy these requirements. The sum of TACs for 2009 is 1,681,586 mt and for 2010 is 2,000,000 mt.
Section 679.20(c)(3) further requires NMFS to consider public comment on the proposed annual TACs and apportionments thereof and the proposed PSC allowances, and to publish final harvest specifications in the Federal Register. The proposed 2009 and 2010 harvest specifications and PSC allowances for the groundfish fishery of the BSAI were published in the Federal Register on December 10, 2008 (73 FR 75059).
Comments were invited and accepted through January 9, 2009. NMFS received three letters with 30 comments on the proposed harvest specifications. These comments are summarized and responded to in the
Response to Comments section of this rule. NMFS consulted with the
Council on the final 2009 and 2010 harvest specifications during the
December 2008 Council meeting in Anchorage, AK. After considering public comments, as well as biological and economic data that were available at the Council's December meeting, NMFS is implementing the final 2009 and 2010 harvest specifications as recommended by the
Council.
Acceptable Biological Catch (ABC) and TAC Harvest Specifications
The final ABC levels are based on the best available biological and socioeconomic 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 overfishing levels (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.
In December 2008, the Scientific and Statistical Committee (SSC),
Advisory Panel (AP), and Council reviewed current biological information about the condition of the BSAI groundfish stocks. The
Council's Plan Team compiled and presented this information in the 2008
SAFE report for the BSAI groundfish fisheries, dated November 2008. The
SAFE report contains a review of the latest scientific analyses and estimates of each species' biomass and other biological parameters, as well as summaries of the available information on the BSAI ecosystem and the economic condition of groundfish fisheries off Alaska. The SAFE report is available for public review (see ADDRESSES). From these data and analyses, the Plan Team estimates an OFL and ABC for each species or species category.
In December 2008, the SSC, AP, and Council reviewed the Plan Team's recommendations. Except for BSAI Pacific cod and Aleutian Islands pollock, the SSC, AP, and Council endorsed the Plan Team's ABC recommendations. For 2009 and 2010, the SSC recommended higher Pacific cod OFLs and ABCs than the OFLs and ABCs recommended by the Plan Team.
The Plan Team chose values between the two best performing models.
However, the SSC chose the best performing model, and did not see a need to adjust that model's estimates downward. For Aleutian Island pollock, the Plan Team adopted recommendations from the Center of
Independent Experts to include survey data east of Adak. The SSC concluded that this data should be included. This was due to uncertainties in the spatial stock structure in the region, the variation of length compositions across the area, the concentration of survey data along the eastern edge of the region in the early survey years, and additional evidence that these pollock may be from the
Bogoslof or EBS stocks, rather than the Aleutian Island stock. The elimination of this survey data resulted in higher OFL and ABC values.
The Council adopted the ABCs recommended by the SSC.
The Plan Team, SSC, AP, and Council recommended that total removals of Pacific cod from the BSAI not exceed ABC recommendations. In 2007, the Board of Fisheries for the State of Alaska (State) established a guideline harvest level (GHL) west of 170 degrees west longitude in the
AI subarea equal to 3 percent of the Pacific cod ABC in the BSAI.
Accordingly, the Council recommended that the 2009 and 2010 Pacific cod
TACs be adjusted downward from the ABCs by amounts equal to the 2009 and 2010 GHLs.
The final TAC recommendations were based on the ABCs as adjusted for other biological and socioeconomic considerations, including maintaining the sum of the TACs within the required OY range of 1.4 million to 2.0 million mt. The Council adopted the AP's 2009 and 2010
TAC recommendations. None of the Council's recommended TACs for 2009 or 2010 exceeds the final 2009 or 2010 ABCs for any species category. The 2009 and 2010 harvest specifications approved by the Secretary of
Commerce (Secretary) are unchanged from those recommended by the
Council and are consistent with the preferred harvest strategy alternative in the EIS. NMFS finds that the Council's recommended OFLs,
ABCs, and TACs are consistent with the biological condition of groundfish stocks as described in the 2008 SAFE report that was approved by the Council.
Other Actions Potentially Affecting the 2009 and 2010 Harvest
Specifications
The final rule implementing Amendment 73 to the FMP was published in the Federal Register on December 31, 2008 (73 FR 80307). Amendment 73 removes dark rockfish from the ``other rockfish'' category in the
FMP in order to allow the State of Alaska (State) to assume management of dark rockfish. This action is necessary to allow the State to implement more responsive, regionally based management measures than are currently possible under the FMP. Based on the approval of
Amendment 73, the Council recommended final 2009 and 2010 harvest specifications for BSAI groundfish.
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 management implications would require more time to assess and resolve. As a result, a Pacific cod split between subareas has not been established for 2009 or 2010. Additional proposals being developed by the Plan Team for Council consideration would separate some species from the ``other species'' category so that individual OFLs, 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.
Changes From the Proposed 2009 and 2010 Harvest Specifications in the
BSAI
In October 2008, the Council made its recommendations for the proposed 2009 and 2010 harvest specifications (73 FR 75059, December 10, 2008) based largely on information contained in the 2007 SAFE report for the BSAI groundfish fisheries. The 2008 SAFE report, which was not available when the Council
Page 7361
made its recommendations in October 2008, contains the best and most recent scientific information on the condition of the groundfish stocks. In December 2008, the Council considered the 2008 SAFE report in making its recommendations for the final 2009 and 2010 harvest specifications. Based on the 2008 SAFE report, the sum of the 2009 and 2010 recommended final TACs for the BSAI (1,681,586 mt for 2009 and 2,000,000 mt for 2010) is lower than the sum of the proposed 2009 TACs and higher than the sum of the proposed 2010 TACs (1,824,204 mt each year). Compared to the proposed 2009 TACs, the Council's final TAC recommendations increase for species when sufficient information supports a larger TAC. This increases fishing opportunities for fishermen and adds economic benefits to the nation. These species include BSAI Atka mackerel, flathead sole, Pacific cod, rock sole, and
Greenland turbot. The Council reduced TAC levels to provide greater protection for several species including Bering Sea subarea pollock, yellowfin sole, ``other flatfish,'' and Pacific ocean perch.
The largest TAC reduction was for Bering Sea subarea pollock. The 2009 Bering Sea subarea pollock ABC and the corresponding TAC were reduced 185,000 mt below the proposed rule due to the addition of new survey and catch data incorporated into the pollock assessment models after the Council recommended the proposed harvest specifications. The reduction in the 2009 ABC and corresponding TAC is a consequence of low recruitment in the years 2002 through 2005. The assessment model remains unchanged and the stock still is in tier 1, as recommended by the SSC. Conversely, the new survey data increased the 2010 Bering Sea subarea pollock ABC and TAC by 230,000 mt. This increase is due to the recruitment of the 2006 year class, which has now appeared strong in two different surveys.
The changes in the final rule from the proposed rule are based on the most recent scientific information and implement the harvest strategy described in the proposed rule for the harvest specifications and are compared in the following table:
Comparison of Final 2009 and 2010 With Proposed 2009 and 2010 Total Allowable Catch in the BSAI
Amounts are in metric tons
2009
2010 2009 final
2009
difference 2010 final
2010
difference
Species
Area \1\
TAC
proposed
from
TAC
proposed
from
TAC
proposed
TAC
proposed
Pollock..................................... BS..........................
815,000 1,000,000
-185,000 1,230,000 1,000,000
230,000
AI..........................
19,000
19,000
0
19,000
19,000
0
Bogoslof....................
50
10
40
10
10
0
Pacific cod................................. BSAI........................
176,540
170,720
5,820
193,030
170,720
22,310
Sablefish................................... BS..........................
2,720
2,610
110
2,520
2,610
-90
AI..........................
2,200
2,230
-30
2,040
2,230
-190
Atka mackerel............................... EAI/BS......................
27,000
15,300
11,700
22,900
15,300
7,600
CAI.........................
32,500
19,000
13,500
28,500
19,000
9,500
WAI.........................
16,900
13,200
3,700
19,700
13,200
6,500
Yellowfin sole.............................. BSAI........................
210,000
225,000
-15,000
180,000
225,000
-45,000
Rock sole................................... BSAI........................
90,000
75,000
15,000
75,000
75,000
0
Greenland turbot............................ BS..........................
5,090
1,750
3,340
4,920
1,750
3,170
AI..........................
2,290
790
1,500
2,210
790
1,420
Arrowtooth flounder......................... BSAI........................
75,000
75,000
0
60,000
75,000
-15,000
Flathead sole............................... BSAI........................
60,000
50,000
10,000
50,000
50,000
0
Other flatfish.............................. BSAI........................
17,400
21,600
-4,200
17,400
21,600
-4,200
Alaska plaice............................... BSAI........................
50,000
50,000
0
30,000
50,000
-20,000
Pacific ocean perch......................... BS..........................
3,820
4,100
-280
3,780
4,100
-320
EAI.........................
4,200
4,810
-610
4,160
4,810
-650
CAI.........................
4,260
4,900
-640
4,210
4,900
-690
WAI.........................
6,520
7,490
-970
6,450
7,490
-1,040
Northern rockfish........................... BSAI........................
7,160
8,130
-970
6,000
8,130
-2,130
Shortraker rockfish......................... BSAI........................
387
424
-37
387
424
-37
Rougheye rockfish........................... BSAI........................
539
202
337
552
202
350
Other rockfish.............................. BS..........................
485
414
71
485
414
71
AI..........................
555
554
1
555
554
1
Squid....................................... BSAI........................
1,970
1,970
0
1,970
1,970
0
Other species............................... BSAI........................
50,000
50,000
0
34,221
50,000
-15,779
Total................................... BSAI........................ 1,681,586 1,824,204
-142,618 2,000,000 1,824,204
175,796
\1\ Bering Sea subarea (BS), Aleutian Islands subarea (AI), Bering Sea and Aleutian Islands Management Area (BSAI), Eastern Aleutian District (EAI),
Central Aleutian District (CAI), and Western Aleutian District (WAI).
The final 2009 and 2010 TAC recommendations for the BSAI are within the OY range established for the BSAI and do not exceed the ABC for any single species or complex. Table 1 lists the final 2009 and 2010 OFL,
ABC, TAC, initial TAC (ITAC), and CDQ reserve amounts of the BSAI groundfish. The apportionment of TAC amounts among fisheries and seasons is discussed below.
As mentioned in the proposed 2009 and 2010 harvest specifications,
NMFS is apportioning the amounts shown in Table 2 from the non- specified reserve to increase the ITAC of several target species.
Page 7362
Table 1--Final 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
2009
2010
Species
Area
-------------------------------------------------------------------------------------------------------------------------------------------------------------------
OFL
ABC
TAC
ITAC \2\
CDQ \3\
OFL
ABC
TAC
ITAC \2\
CDQ \3\
Pollock \3\....................... BS \2\...............
977,000
815,000
815,000
733,500
81,500 1,430,000 1,230,000 1,230,000 1,107,000
123,000
AI \2\...............
32,600
26,900
19,000
17,100
1,900
36,800
30,400
19,000
17,100
1,900
Bogoslof.............
58,400
7,970
50
50
0
58,400
7,970
10
10
0
Pacific cod \4\................... BSAI.................
212,000
182,000
176,540
157,650
18,890
235,000
199,000
193,030
172,376
20,654
Sablefish \5\..................... BS...................
3,210
2,720
2,720
2,244
374
2,980
2,520
2,520
1,071
95
AI...................
2,600
2,200
2,200
1,788
371
2,410
2,040
2,040
429
38
Atka mackerel..................... BSAI.................
99,400
83,800
76,400
68,225
8,175
84,400
71,100
71,100
63,492
7,608
EAI/BS...............
n/a
27,000
27,000
24,111
2,889
n/a
22,900
22,900
20,450
2,450
CAI..................
n/a
33,500
32,500
29,023
3,478
n/a
28,500
28,500
25,451
3,050
WAI..................
n/a
23,300
16,900
15,092
1,808
n/a
19,700
19,700
17,592
2,108
Yellowfin sole.................... BSAI.................
224,000
210,000
210,000
187,530
22,470
210,000
198,000
180,000
160,740
19,260
Rock sole......................... BSAI.................
301,000
296,000
90,000
80,370
9,630
314,000
310,000
75,000
66,975
8,025
Greenland turbot.................. BSAI.................
14,800
7,380
7,380
6,273
n/a
14,400
7,130
7,130
6,061
n/a
BS...................
n/a
5,090
5,090
4,327
545
n/a
4,920
4,920
4,182
526
AI...................
n/a
2,290
2,290
1,947
0
n/a
2,210
2,210
1,879
0
Arrowtooth flounder............... BSAI.................
190,000
156,000
75,000
63,750
8,025
196,000
161,000
60,000
51,000
6,420
Flathead sole..................... BSAI.................
83,800
71,400
60,000
53,580
6,420
81,800
69,800
50,000
44,650
5,350
Other flatfish \6\................ BSAI.................
23,100
17,400
17,400
14,790
0
23,100
17,400
17,400
14,790
0
Alaska plaice..................... BSAI.................
298,000
232,000
50,000
42,500
0
354,000
275,000
30,000
25,500
0
Pacific ocean perch............... BSAI.................
22,300
18,800
18,800
16,624
n/a
22,100
18,600
18,600
16,447
n/a
BS...................
n/a
3,820
3,820
3,247
0
n/a
3,780
3,780
3,213
0
EAI..................
n/a
4,200
4,200
3,751
449
n/a
4,160
4,160
3,715
445
CAI..................
n/a
4,260
4,260
3,804
456
n/a
4,210
4,210
3,760
450
WAI..................
n/a
6,520
6,520
5,822
698
n/a
6,450
6,450
5,760
690
Northern rockfish................. BSAI.................
8,540
7,160
7,160
6,086
0
8,580
7,190
6,000
5,100
0
Shortraker rockfish............... BSAI.................
516
387
387
329
0
516
387
387
329
0
Rougheye rockfish................. BSAI.................
660
539
539
458
0
640
552
552
469
0
Other rockfish \7\................ BSAI.................
1,380
1,040
1,040
884
0
1,380
1,040
1,040
884
0
BS...................
n/a
485
485
412
0
n/a
485
485
412
0
AI...................
n/a
555
555
472
0
n/a
555
555
472
0
Squid............................. BSAI.................
2,620
1,970
1,970
1,675
0
2,620
1,970
1,970
1,675
0
Other species \8\................. BSAI.................
80,800
63,700
50,000
42,500
0
80,700
63,700
34,221
29,088
0
Total......................... .....................
2,636,726 2,204,366 1,681,586 1,497,906
159,902 3,159,826 2,674,799 2,000,000 1,785,185
194,462
\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 (4.0 percent), is further allocated by sector for a directed pollock fishery as follows: inshore--50 percent; catcher/processor--40 percent; and motherships--10 percent. Under Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual Aleutian Islands subarea pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (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 (State) guideline harvest level in State waters of the Aleutian Islands subarea.
\5\ For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 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, dark, 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.
Page 7363
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 allocation of 7.5 percent of the trawl gear allocations of sablefish and 10.7 percent of the Bering Sea Greenland turbot and arrowtooth flounder TACs to the respective CDQ reserves. Section 679.20(b)(1)(ii)(C) requires allocation of 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 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 allocations by gear. Section 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, respectively.
Pursuant to Sec. 679.20(a)(5)(i)(A)(1), NMFS allocates a pollock
ICA of 4 percent of the Bering Sea subarea pollock TAC after subtraction of the 10 percent CDQ reserve. 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 1999 through 2008. During this 9-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 10-year average of 3 percent. Pursuant to
Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS establishes a pollock
ICA of 1,600 mt for the AI subarea after subtraction of 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 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 6-year average of 6 percent.
Pursuant to Sec. 679.20(a)(8) and (10), NMFS allocates ICAs of 4,500 mt of flathead sole, 5,000 mt of rock sole, 2,000 mt of yellowfin sole, 10 mt of Western Aleutian District Pacific ocean perch, 10 mt of
Central Aleutian District Pacific ocean perch, 100 mt of Eastern
Aleutian District Pacific ocean perch, 20 mt of Western Aleutian
District Atka mackerel, 20 mt of Central Aleutian District Atka mackerel, and 200 mt of Eastern Aleutian District and Bering Sea subarea Atka mackerel TAC after subtraction of the 10.7 percent CDQ reserve. These allowances are based on NMFS' 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 or to the ``other species'' category during the year, providing that such apportionments do not result in overfishing (see Sec. 679.20(b)(1)(ii)). The Regional Administrator has determined that the ITACs specified for the species listed in Table 2 need to be supplemented from the non-specified reserve because U.S. fishing vessels have demonstrated the capacity to catch the full TAC allocations. Therefore, in accordance with Sec. 679.20(b)(3), NMFS is apportioning the amounts shown in Table 2 from the non-specified reserve to increase the ITAC for northern rockfish, shortraker rockfish, rougheye rockfish, and Bering Sea ``other rockfish'' by 15 percent of the TAC in 2009 and 2010.
Table 2--Final 2009 Apportionment of Reserves to ITAC Categories
Amounts are in metric tons
2009
2010
Species--area or subarea
2009 ITAC
reserve
2009 final 2010 ITAC
reserve
2010 final amount
ITAC
amount
ITAC
Shortraker rockfish--BSAI.........
329
58
387
329
58
387
Rougheye rockfish--BSAI...........
458
81
539
469
83
552
Northern rockfish--BSAI...........
6,086
1,074
7,160
5,100
900
6,000
Other rockfish--Bering Sea subarea
412
73
485
412
73
485
Total.........................
7,285
1,286
8,571
6,310
1,114
7,424
Allocation 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 the 10 percent for the CDQ program and the 4 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
DFA is allocated to the A season and the remainder of the directed pollock fishery is allocated to the B season. Table 3 lists these 2009 and 2010 amounts.
Section 679.20(a)(5)(i)(A)(4) also includes several specific requirements regarding Bering Sea 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
Page 7364
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 3 lists the 2009 and 2010 allocations of pollock TAC.
Tables 11 through 15 list the AFA catcher/processor and catcher vessel harvesting sideboard limits. The tables for the pollock allocations to the Bering Sea subarea inshore pollock cooperatives and open access sector will be posted on the Alaska Region Web site at http:// www.alaskafisheries.noaa.gov.
Table 3 also lists seasonal apportionments of pollock and harvest limits within the Steller Sea Lion Conservation Area (SCA). The harvest within the SCA, as defined at Sec. 679.22(a)(7)(vii), is limited to 28 percent of the annual 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 3 lists by sector these 2009 and 2010 amounts.
Table 3--Final 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 A season \1\
2009 B
2010 A season \1\
2010 B
season
---------------------- season 2009
\1\
2010
\1\
Area and sector
Allocations
A season
SCA
Allocations
A season
SCA
DFA
harvest
B season
DFA
harvest
B season limit \2\
DFA
limit \2\
DFA
Bering Sea subarea....................................
815,000
n/a
n/a
n/a
1,230,000
n/a
n/a
n/a
CDQ DFA...........................................
81,500
32,600
22,820
48,900
123,000
49,200
34,440
73,800
ICA \1\...........................................
29,340
n/a
n/a
n/a
44,280
n/a
n/a
n/a
AFA Inshore.......................................
352,080 140,832
98,582 211,248
531,360 212,544 148,781 318,816
AFA Catcher/Processors \3\........................
281,664 112,666
78,866 168,998
425,088 170,035 119,025 255,053
Catch by C/Ps.................................
257,723 103,089
n/a 154,634
388,956 155,582
n/a 233,373
Catch by CVs \3\..............................
23,941
9,577
n/a
14,365
36,132
14,453
n/a
21,679
Unlisted C/P Limit \4\........................
1,408
563
n/a
845
2,125
850
n/a
1,275
AFA Motherships.......................................
70,416
28,166
19,716
42,250
106,272
42,509
29,756
63,763
Excessive Harvesting Limit \5\........................
123,228
n/a
n/a
n/a
185,976
n/a
n/a
n/a
Excessive Processing Limit \6\........................
211,248
n/a
n/a
n/a
318,816
n/a
n/a
n/a
Total Bering Sea DFA..............................
704,160 281,664 197,165 422,495
1,062,721 425,087 297,562 637,632
Aleutian Islands subarea \1\..........................
19,000
n/a
n/a
n/a
19,000
n/a
n/a
n/a
CDQ DFA...........................................
1,900
760
n/a
1,140
1,900
760
n/a
1,140
ICA...............................................
1,600
800
n/a
800
1,600
800
n/a
800
Aleut Corporation.................................
15,500
15,500
n/a
0
15,500
15,500
n/a
0
Bogoslof District ICA \7\.........................
50
n/a
n/a
n/a
10
n/a
n/a
n/a
\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the Bering Sea subarea pollock, after subtraction for the CDQ DFA (10 percent) and the ICA (4 percent), is allocated as a DFA as follows: inshore sector--50 percent, catcher/processor sector (C/P)--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 directed fishing allowance (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 SCA before April 1. The remaining 12 percent of the annual DFA allocated to the A season may be taken outside of 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.
\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 shall be available for harvest only by eligible catcher vessels 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 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\ The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The amounts specified are for ICA 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. 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 the 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 approves, a 0.5 percent allocation of the Atka mackerel ITAC in the Eastern Aleutian District and Bering Sea subarea to the jig gear in 2009 and 2010. Based on the 2009 TAC of 27,000 mt after subtractions of the CDQ reserve and ICA, the jig gear allocation would be 120 mt for 2009. Based on the 2010 TAC of 22,900 mt after subtractions of the CDQ reserve and ICA, the jig gear allocation would be 101 mt for 2010.
Page 7365
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 trawl sectors: 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 sectors 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 in the HLA for the first
HLA fishery in all three trawl sectors 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 for any one of the three trawl sectors allocated
Atka mackerel TAC.
Table 4 lists these 2009 and 2010 amounts. The 2010 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, 2009.
Table 4--Final 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
Eastern
Eastern
Sector \1\
Season \3\ \4\
Aleutian
Central
Western
Aleutian
Central
Western
District/
Aleutian
Aleutian
District/
Aleutian
Aleutian
Bering Sea
District
District
Bering Sea
District
District
TAC......................................... n/a.........................
27,000
32,500
16,900
22,900
28,500
19,700
CDQ reserve................................. Total.......................
2,889
3,478
1,808
2,450
3,050
2,108
HLA \5\.....................
n/a
2,087
1,085
n/a
1,830
1,265
ICA......................................... Total.......................
200
20
20
200
20
20
Jig \6\..................................... Total.......................
120
0
0
101
0
0
BSAI trawl limited access................... Total.......................
952
1,160
0
1,209
1,526
0
A...........................
476
580
0
604
763
0
HLA \4\.....................
n/a
348
0
n/a
458
0
B...........................
476
580
0
604
763
0
HLA\4\......................
n/a
348
0
n/a
458
0
Amendment 80 sectors........................ Total.......................
22,840
27,842
15,072
18,940
23,905
17,572
A...........................
11,420
13,921
7,536
9,470
11,952
8,786
HLA \4\.....................
n/a
8,353
4,522
n/a
7,171
5,272
B...........................
11,420
13,921
7,536
9,470
11,952
8,786
HLA\4\......................
n/a
8,353
4,522
n/a
7,171
5,272
Amendment 80 limited access................. Total.......................
12,328
16,795
9,275
n/a
n/a
n/a
A...........................
6,164
8,398
4,638
n/a
n/a
n/a
HLA\4\......................
n/a
5,039
2,783
n/a
n/a
n/a
B...........................
6,164
8,398
4,638
n/a
n/a
n/a
HLA\4\......................
n/a
5,039
2,783
n/a
n/a
n/a
Amendment 80 cooperatives................... Total.......................
10,512
11,047
5,797
n/a
n/a
n/a
A...........................
5,256
5,524
2,899
n/a
n/a
n/a
HLA\4\......................
n/a
3,314
1,739
n/a
n/a
n/a
B...........................
5,256
5,524
2,899
n/a
n/a
n/a
HLA\4\......................
n/a
3,314
1,739
n/a
n/a
n/a
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtraction of the CDQ reserves, 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\ Regulations at Sec. Sec. 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\ 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 the 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.
Page 7366
Allocation of the Pacific cod ITAC
Section 679.20(a)(7)(i) and (ii) allocates the Pacific cod TAC in the BSAI, after subtraction of 10.7 percent for the CDQ reserve, 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 American Fisheries Act (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. For 2009 and 2010, the Regional
Administrator establishes an ICA of 500 mt based on anticipated incidental catch by these sectors in other 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 2010 allocations for Pacific cod 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, 2009.
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 hook-and-line catcher/ processors and hook-and-line catcher vessels greater than or equal to 60 ft (18.3 m) LOA harvesting CDQ Pacific cod, the first seasonal allowance of 60 percent of the ITAC is available for directed fishing from January 1 to June 10, and the second seasonal allowance of 40 percent of the ITAC is available from June 10 to December 31. No seasonal harvest constraints are imposed on the CDQ Pacific cod fishery for pot gear or hook-and-line catcher vessels less than 60 ft (18.3 m)
LOA. For vessels harvesting CDQ Pacific cod with trawl gear, the first seasonal allowance of 60 percent of the ITAC is available January 20 to
April 1. The second seasonal allowance, April 1 to June 10, and the third seasonal allowance, June 10 to November 1, are each allocated 20 percent of the ITAC. The CDQ Pacific cod trawl catcher vessel allocation is further allocated as 70 percent of the first seasonal allowance, 10 percent in the second seasonal allowance, and 20 percent in the third seasonal allowance. The CDQ Pacific cod trawl catcher/ processor allocation is 50 percent in the first seasonal allowance, 30 percent in the second seasonal allowance, and 20 percent in the third seasonal allowance. 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 catcher vessels greater than or equal to 60 ft (18.3 m) LOA, the first seasonal allowance of 51 percent of the ITAC is available for directed fishing from January 1 to June 10, and the second seasonal allowance of 49 percent of the ITAC is 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 feet (18.3 m)
LOA using hook-and-line or pot gear. For trawl gear, the first seasonal allowance is January 20 to April 1, the second seasonal allowance is
April 1 to June 10, and the third seasonal allowance is June 10 to
November 1. The trawl catcher vessel allocation is further allocated as 74 percent in the first seasonal allowance, 11 percent in the second seasonal allowance, and 15 percent in the third seasonal allowance. The trawl catcher/processor allocation is allocated 75 percent in the first seasonal allowance, 25 percent in the second seasonal allowance, and zero percent in the third seasonal allowance. 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 5 lists the 2009 and 2010 allocations and seasonal apportionments of the Pacific cod TAC.
Table 5a--Final 2009 Gear Shares and Seasonal Allowances of the BSAI Pacific Cod TAC
Amounts are in metric tons
2009 share
2009 seasonal apportionment of gear 2009 share of -----------------------------------
Gear sector
Percent sector
sector total total
Dates
Amount
Total TAC.............................
100
176,540
n/a n/a.....................
n/a
CDQ...................................
10.7
18,890
n/a see Sec.
n/a 679.20(a)(7)(i)(B).
Total hook-and-line/pot gear..........
60.8
95,851
n/a 0.......................
n/a
Hook-and-line/pot ICA \1\.............
n/a
500
n/a see Sec.
n/a 679.20(a)(7)(ii)(B).
Hook-and-line/pot sub-total...........
n/a
95,351
n/a n/a.....................
n/a
Hook-and-line catcher/processor.......
48.7
n/a
76,375 Jan 1-Jun 10............ 38,951
........ .......... .............. Jun 10-Dec 31........... 37,424
Hook-and-line catcher vessel >= 60 ft
0.2
n/a
314 Jan 1-Jun 10............
160
LOA.
........ .......... .............. Jun 10-Dec 31...........
154
Pot catcher/processor.................
1.5
n/a
2,352 Jan 1-Jun 10............
1,200
........ .......... .............. Sept 1-Dec 31...........
1,152
Pot catcher vessel >= 60 ft LOA.......
8.4
n/a
13,173 Jan 1-Jun 10............
6,718
........ .......... .............. Sept 1-Dec 31...........
6,455
Catcher vessel = 60 ft
0.2
n/a
343 Jan 1-Jun 10............
175
LOA.
........ .......... .............. Jun 10-Dec 31...........
168
Pot catcher/processor.................
1.5
n/a
2,573 Jan 1-Jun 10............
1,312
........ .......... .............. Sept 1-Dec 31...........
1,261
Pot catcher vessel >= 60 ft LOA.......
8.4
n/a
14,410 Jan 1-Jun 10............
7,349
........ .......... .............. Sept 1-Dec 31...........
7,061
Catcher vessel msyand the probability density function for Fmsy. Because of this, NMFS believes that it is appropriate for the Council to adopt an OFL and TAC based on tier 1b status for Eastern Bering Sea pollock.
Comment 2: Suspend fishing on spawning aggregations and restore
Winter Halibut Savings Area closure.
Response: The Winter Halibut Savings Area (located to the north of the eastern Aleutian Islands) was established to protect juvenile halibut from the effects of trawling during the winter months. It was one of the earliest measures to implement fishing restrictions in the
Alaska groundfish fisheries following passage of the Magnuson-Stevens
Fishery Conservation and Management Act in 1976. This savings area was in effect as the Alaska groundfish fishery transitioned from a foreign fishery to a domestic fishery, but was superseded by more applicable management protection areas and fisheries closures as the domestic groundfish fisheries matured, including PSC limits for halibut. Current stock assessment models account for fishing mortality. Whether the fish is harvested in or out of the spawning season yields the same mortality upon the stock.
Comment 3: Develop proposals for creation of no-take marine reserves in order to serve as experimental control areas which will increase the understanding of climate impacts and fulfill the Council's obligations under the Steller sea lion (SSL) Recovery Plan.
Response: This comment is beyond the scope of the annual harvest specifications for groundfish in the Bering Sea and Aleutian Islands.
No-take reserves are not warranted absent specific research projects.
NMFS has and continues to fund, conduct, and coordinate numerous scientific studies and research projects in the Bering Sea, including ones associated with climate and ecosystem changes. We believe the SSL recovery plan has been appropriately implemented, and NMFS continues to assess the recovery status of the western SSL population.
Ongoing research efforts such as that undertaken by the Alaska
Fisheries Science Center and the Bering Sea Integrated Ecosystem
Research Program (http://bsierp.nprb.org) are studying many focal areas of this ecosystem, including a range of oceanographic, climate, and atmospheric studies. As additional data about the effects of climate or other ecosystem changes on fish becomes available, it will be integrated into NMFS' stock assessment efforts.
Comment 4: A council member dismissed the significance of a letter from the public. This indicates a greater need for NMFS oversight.
Response: NMFS is not responsible for, and does not have the authority to regulate the opinions of individual Council members who are not NMFS employees. However, the Secretary of Commerce does have the responsibility to review Council actions to ensure compliance with the Magnuson-Stevens Act (MSA) and other applicable public laws. NMFS carries out these reviews on behalf of the Secretary of Commerce. The opinion of an individual Council member will not influence the
Secretary of Commerce in conducting the required and appropriate oversight of Council actions.
Comment 5: Pollock catch limits may have effects upon other species
(including pinnipeds) and the ecosystem as a whole.
Response: NMFS agrees that the removal of pollock from the marine ecosystem may have impacts on parts of the ecosystem dependent on pollock (e.g., marine mammals), and includes ecosystem considerations in the annual stock assessments used for determining catch limits. NMFS analyzed the impacts of the federal groundfish fisheries on the North
Pacific ecosystem in the Alaska Groundfish Harvest Specifications Final
Environmental Impact Statement (January 2007). NMFS is also involved in comprehensive Bering Sea ecosystem studies (see comment 3).
Furthermore, in the 2008 SAFE, a large section is devoted to ecosystem considerations. As these endeavors produce scientifically valid information, it is applied to catch limits, and other applicable management measures.
Comment 6: Eastern Bering Sea pollock stocks declined about 20 percent per year between 2003 and 2007.
Response: NMFS concurs that this is true between 2004 and 2007 for estimates of biomass for age 3+ fish. This has resulted in a reduction of OFL and ABC levels in recent years. It should be noted that when the 2006 recruitment year of pollock reaches the age of 3, the age 3+ biomass estimate is expected to rapidly increase.
Comment 7: The 2008 hydroacoustic survey showed a roughly 50 percent drop in Eastern Bering Sea pollock from 2007.
Response: NMFS agrees with this statement. This is one factor in the models that produced lower OFL and ABC levels in 2009 compared to previous years. However, as the 2006 year class matures, the biomass,
OFLs, and ABCs are expected to increase (see comment 6).
Comment 8: The 2008 bottom trawl survey has the second lowest catch of Eastern Bering Sea pollock on record.
Response: NMFS agrees with this statement (see comments 6 and 7).
Comment 9: The 2009 spawning stock biomass for Eastern Bering Sea pollock is predicted to be 26 percent below Bmsy.
Response: NMFS agrees with this statement. Despite the current low
Eastern Bering Sea pollock spawning stock biomass, models suggest that the spawning stock will exceed Bmsyin 2010. This is because the 2006 year class will begin to enter the spawning stock biomass at that time.
Comment 10: Recruitment of Eastern Bering Sea pollock was below average for most recent years.
Response: Recruitment in the Eastern Bering Sea pollock stock is characterized by periodic individual high recruitment years. Because of this, most aggregations of consecutive years throughout the available time series will result in below average recruitment for most years.
Therefore, this is not an appropriate measure of the health of the stock. It should be noted that 2006 was a year of high pollock recruitment, and that this year class should recruit into the fishery in 2010.
Comment 11: The most recent Biological Opinions concluded that groundfish fisheries jeopardize the survival and recovery of Steller sea lions when pollock abundance was higher than current levels.
Response: The most recent biological opinion was completed in 2001 and analyzed the effects of the Alaska
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groundfish fisheries on Steller sea lions and their designated critical habitat. This opinion concluded that the groundfish fisheries conducted within the Steller sea lion protection measures would not likely jeopardize the Steller sea lion's existence or result in adverse modification or destruction of critical habitat. NMFS implemented numerous measures to protect SSL in 2003. This includes the establishment of large fishery closures areas, harvest limits, and seasonal distribution of harvest for the pollock, Pacific cod, and Atka mackerel fisheries. Because the protection measures include a harvest control rule that reduces fishing effort with falling pollock abundance, the current measures take into account the potential for falling biomass and the need to reduce fishing as pollock abundance drops.
Comment 12: Northern fur seal populations have dropped from 2 million to about 0.6 million during the course of the pollock fishery.
Response: While there are not specific protection measures in place for northern fur seals with respect to the Bering Sea groundfish fisheries, NMFS has implemented several protection measures associated with the Pribilof Islands and surrounding waters. This includes, the
Pribilof Island Habitat Conservation Zone, which is closed to trawling, a three nautical mile no groundfish fishing site around Walrus Island
(east of St. Paul Island) and five pollock fishing closure areas in and around the Pribilof Islands.
Comment 13: Other pollock fisheries are at low levels and the
Bogoslof fishery is closed.
Response: The Bogoslof pollock fishery remains closed resulting from an international agreement to prohibit fishing in the international waters of the Bering Sea until stocks reach 1 million mt.
The Aleutian Island pollock fishery is open to directed fishing.
However, fishing remains light due to the fact that most of the productive fishing areas remain closed to fishing in order to protect
Steller sea lions. Despite this lack of fishing pressure, NMFS acknowledges that these stocks remain at levels lower than historic highs, and that the OFLs and ABCs for these stocks have been set accordingly.
Comment 14: Climate change has been proposed as a cause of declining stocks through a mechanism of pollock migrating to Russian waters, but recent years have been cold.
Response: The current models used to calculate OFL and ABC are largely based upon survey data, and do not incorporate migration of stocks to Russian waters. However, NMFS does believe that it is important to explore alternative hypotheses, and to incorporate climate change and ecosystem factors into fisheries management whenever it is appropriate and scientifically sound. These considerations are included in the ecosystems chapter to the SAFE reports and are considered in the development of the stock assessments.
Comment 15: Climate driven change will increase the margin of error, thus more conservative estimates should be adopted.
Response: NMFS believes that the harvest specification process has been developed using precautionary principles. While NMFS believes that climate change may in fact reduce the certainty of stock assessments,
NMFS also believes that this uncertainty will be apparent in the surveys and models used to estimate the health of fish stocks. Thus, this uncertainty will be included in models and the OFLs and ABCs will be set accordingly.
Comment 16: From 1998 to 2007, 49 percent of the A season pollock catch was concentrated in the Steller Sea Lion conservation area, which puts fishing pressure on the spawning stock.
Response: NMFS agrees with this statement. Any harvest of mature fish will apply fishing pressure to the spawning stock. This is true in both the A and B fishing seasons (see comment 2). Fishing mortality is an integral part of the Eastern Bering Sea pollock stock assessment and is a major factor considered when setting OFL and ABC limits. NMFS believes that the recommendations produced by the SAFE report authors and the BSAI Plan Team minimize danger to the stocks from excessive fishing pressure. This process is reviewed by the SSC and the Center for Independent Experts.
Comment 17: Incidental catch of juvenile pollock should be considered.
Response: NMFS fisheries observers during 2008 recorded that the incidental catch of small, i.e., juvenile pollock was low. However, the fishing mortality of juvenile pollock is incorporated into models used to project OFL, ABC, and the future health of pollock stocks.
Comment 18: Bycatch of other species such as Chinook and non- chinook salmon should be considered.
Response: NMFS and the Council have taken and are taking action to reduce salmon bycatch in the pollock trawl fishery because of the potential for negative impacts on salmon stocks, and bycatch in general for all fisheries. Existing measures have reduced salmon bycatch rates in the pollock fishery compared with what they would have been without the measures. NMFS and the Council are engaged in a comprehensive process to evaluate these existing measures and develop alternative measures that may be necessary to further reduce salmon bycatch.
Applicable Federal law requires that bycatch be minimized to the extent practicable and establishes processes for assessment and responsive implementation of appropriate management measures if and when warranted.
Comment 19: The rigorous scientific process used to develop the
Council recommendations should be acknowledged.
Response: NMFS agrees. NMFS also believes that this has been acknowledged, and that the practices used by the Council have been codified in the MSA to require regional fishery management councils to not exceed recommendations of their SSCs.
Comment 20: The process is open, transparent, and the related information is widely available to the public.
Response: NMFS agrees with this statement.
Comment 21: The Council recommendation of Eastern Bering Sea pollock ABC and TAC of 815,000 mt is consistent with the recommendations of the SSC, the BSAI Plan Team, and the stock assessment author.
Response: NMFS agrees with this statement (see comment 1).
Comment 22: The 2009 Eastern Bering Sea pollock assessment is supported by three consecutive years of benthic trawl and hydroacoustic trawl survey data.
Response: NMFS agrees with this statement.
Comment 23: The assessment concludes that the probability of the
Eastern Bering Sea pollock stock falling below B20 percent is very low.
Response: NMFS agrees that this is consistent with the findings of the stock assessment authors and the review of the SSC, and that as the 2006 year class enters the fishery, the stocks are likely to return to
Bmsy(see comment 9).
Comment 24: The SSC concluded that the Eastern Bering Sea pollock stock should be considered tier 1b because there is sufficient data to determine the Bmsy, and the probability density function for
Fmsy.
Response: NMFS agrees that this is consistent with the findings of the SSC.
Comment 25: The Eastern Bering Sea pollock stock assessment authors, the SAFE, and the SSC cite strong scientific evidence that the 2006 year class appears to be strong, and that there is a strong likelihood that the Eastern Bering Sea pollock stock will approach
Bmsyby 2010.
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Response: NMFS agrees with this statement (see comment 9).
Comment 26: The Eastern Aleutian Island subarea is the only region with consistently increasing Steller sea lion counts.
Response: NMFS agrees with this statement. However, NMFS also believes that one sub-area is an insufficient indicator of the western
Steller sea lion stock abundance trend overall, as other subarea counts have consistently declined or remained unchanged over time.
Comment 27: The precautionary approach used to determine the 2009 harvest specifications provide protection for Steller sea lions consistent with existing mitigation requirements.
Response: NMFS agrees with this statement.
Comment 28: The Bogoslof pollock stocks are large enough to allow a directed fishery. However by international agreement, this stock will remain closed until there is enough fish to also support a fishery in the international waters of the Bering Sea.
Response: NMFS agrees (see comment 13).
Comment 29: The Aleutian Island pollock fishery is large enough to support a directed fishery, but that this fishery is effectively limited through closure areas intended to protect Steller sea lions.
Response: NMFS agrees that very little of the Aleutian Island pollock TAC is likely to be harvested due to Steller sea lion protection measures and the location of pollock.
Comment 30: New large Marine Protection Areas are not needed to protect Bering Sea pollock stocks.
Response: NMFS agrees that these new areas are not currently warranted (see comment 3).
Classification
NMFS has determined that these final harvest specifications are consistent with the FMP and with the Magnuson-Stevens Act and other applicable laws.
This action is authorized under 50 CFR 679.20 and is exempt from review under Executive Order 12866.
NMFS prepared a Final 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. In January 2009,
NMFS prepared a Supplemental Information Report (SIR) for this 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 groundfish harvest specifications and alternative harvest strategies on resources in the action area. The SIR evaluates the need to prepare a Supplemental EIS (SEIS) for the 2009 and 2010 groundfish harvest specifications.
A SEIS should be prepared if (1) the agency makes substantial changes in the proposed action that are relevant to environmental concerns, or (2) significant new circumstances or information exist relevant to environmental concerns and bearing on the proposed action or its impacts (40 CFR 1502.9(c)(1)). After reviewing the information contained in the SIR and SAFE reports, the Administrator, Alaska
Region, has determined that (1) approval of the 2009 and 2010 harvest specifications, which were set according to the preferred harvest strategy in the Final EIS, do not constitute a change in the action; and (2) there are no significant new circumstances or information relevant to environmental concerns and bearing on the action or its impacts. Additionally, the 2009 and 2010 harvest specifications will result in environmental impacts within the scope of those analyzed and disclosed in the Final EIS. Therefore, supplemental National
Environmental Protection Act (NEPA) documentation is not necessary to implement the 2009 and 2010 harvest specifications.
The proposed harvest specifications were published in the Federal
Register on December 10, 2008 (73 FR 75059). An Initial Regulatory
Flexibility Analysis (IRFA) was prepared to evaluate the impacts on small entities of alternative harvest strategies for the groundfish fisheries in the Exclusive Economic Zone (EEZ) off Alaska on small entities. The public comment period ended on January 9, 2009. No comments were received regarding the IRFA or the economic impacts of this action. A Final Regulatory Flexibility Analysis (FRFA) was prepared that meets the statutory requirements of the Regulatory
Flexibility Act of 1980, as amended by the Small Business Regulatory
Enforcement Fairness Act of 1996 (5 U.S.C. 601-612). Copies of the IRFA and FRFA prepared for this action are available from NMFS, Alaska
Region (see ADDRESSES).
Each year, NMFS promulgates a rule establishing the harvest specifications pursuant to the adopted harvest strategy. While the harvest specification numbers may change from year to year, the harvest strategy for establishing those numbers does not change. Therefore, the impacts discussed in the IRFA are essentially the same. NMFS considers the annual rulemakings establishing the harvest specification numbers to be a series of closely related rules stemming from the harvest strategy and representing one rule for purposes of the Regulatory
Flexibility Act (5 U.S.C. 605(c)). A summary of the FRFA follows.
The action analyzed in the IRFA is the adoption of a harvest strategy to govern the catch of groundfish in the BSAI. The preferred alternative is the status quo harvest strategy in which TACs fall within the range of ABCs recommended by the Council's harvest specification process and TACs recommended by the Council. This action is taken in accordance with the FMP prepared by the Council pursuant to the Magnuson-Stevens. Significant issues raised by public comment are addressed in the preamble and not repeated here.
The directly regulated small entities include approximately 810 small catcher vessels, fewer than 20 small catcher/processors, and six
CDQ groups. 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 of Alaska waters. These include entities operating catcher vessels and catcher/processor vessels within the action area, and entities receiving direct allocations of groundfish. Catcher vessels and catcher/processors were considered to be small entities if their annual gross receipts from all economic activities, including the revenue of their affiliated operations, totaled $4 million per year or less. Data from 2006 were the most recent available to determine the number of small entities.
Estimates of first wholesale gross revenues for the BSAI non-CDQ and CDQ sectors were used as indices of the potential impacts of the alternative harvest strategies on small entities. Revenues were projected to decline from 2006 levels in 2007 and 2008 under the preferred alternative due to declines in ABCs for economically key groundfish species.
The preferred alternative (Alternative 2) was compared to four other alternatives. These included Alternative 1, which would have set
TACs to generate fishing rates equal to the maximum permissible ABC (if the full TAC were harvested), unless the sum of TACs exceeded the BSAI optimum yield, in which case TACs would have been limited to the optimum yield. Alternative 3 would have set TACs to produce fishing rates equal to the most recent five-year average fishing rates.
Alternative 4 would have set TACs to equal the lower limit of the BSAI optimum yield range. Alternative 5 would have set TACs equal to zero.
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Alternative 5 is the ``no action'' alternative.
Alternatives 3, 4, and 5 produced smaller first wholesale revenue indices for both non-CDQ and CDQ sectors than Alternative 2.
Alternative 1 revenues were the same as Alternative 2 revenues in the
BSAI for both sectors. Moreover, higher Alternative 1 TACs are associated with maximum permissible ABCs, while Alternative 2 TACs are associated with the ABCs that have been recommended to the Council by the Plan Team and the SSC, and more fully consider other potential biological issues. For these reasons, Alternative 2 is the preferred alternative.
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).
Pursuant to 5 U.S.C. 553(d)(3), the Assistant Administrator for
Fisheries, NOAA, finds good cause to waive the 30-day delay in effectiveness for this rule. Plan Team review occurred in November 2008, and Council consideration and recommendations occurred in
December 2008. Accordingly, NMFS review could not begin until January 2009. For all fisheries not currently closed because the TACs established under the 2008 and 2009 final harvest specifications (73 FR 10160, February 26, 2008) were not reached, the likely possibility exists that they will be closed prior to the expiration of a 30-day delayed effectiveness period because their TACs could be reached.
Certain fisheries, such as those for pollock and Pacific cod are intensive, fast-paced fisheries. Other fisheries, such as those for flatfish, rockfish, and ``other species,'' are critical as directed fisheries and as incidental catch in other fisheries. U.S. fishing vessels have demonstrated the capacity to catch the TAC allocations in these fisheries. Any delay in allocating the final TACs in these fisheries would cause disruption to the industry and potential economic harm through unnecessary discards. Determining which fisheries may close is impossible because these fisheries are affected by several factors that cannot be predicted in advance, including fishing effort, weather, movement of fishery stocks, and market price. Furthermore, the closure of one fishery has a cascading effect on other fisheries by freeing-up fishing vessels, allowing them to move from closed fisheries to open ones, increasing the fishing capacity in those open fisheries and causing them to close at an accelerated pace.
If the final harvest specifications are not effective by March 21, 2009, which is the start of the 2009 Pacific halibut season as specified by the IPHC, the hook-and-line sablefish fishery will not begin concurrently with the Pacific halibut season. This would result in the needless discard of sablefish that are caught along with Pacific halibut as both hook-and-line sablefish and Pacific halibut are managed under the same IFQ program. Immediate effectiveness of the final 2009 and 2010 harvest specifications will allow the sablefish fishery to begin concurrently with the Pacific halibut season. Also, the immediate effectiveness of this action is required to provide consistent management and conservation of fishery resources based on the best available scientific information, and to give the fishing industry the earliest possible opportunity to plan its fishing operations. Therefore
NMFS finds good cause to waive the 30-day delay in effectiveness under 5 U.S.C. 553(d)(3).
Small Entity Compliance Guide
The following information is a plain language guide to assist small entities in complying with this final rule as required by the Small
Business Regulatory Enforcement Fairness Act of 1996. This final rule's primary purpose is to announce the final 2009 and 2010 harvest specifications and prohibited species bycatch allowances for the groundfish fisheries of the BSAI. This action is necessary to establish harvest limits and associated management measures for groundfish during the 2009 and 2010 fishing years and to accomplish the goals and objectives of the FMP. This action affects all fishermen who participate in the BSAI fisheries. The specific amounts of OFL, ABC,
TAC, and PSC are provided in tables to assist the reader. NMFS will announce closures of directed fishing in the Federal Register and information bulletins released by the Alaska Region. Affected fishermen should keep themselves informed of such closures.
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: February 9, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
FR Doc. E9-3297 Filed 2-13-09; 8:45 am
BILLING CODE 3510-22-P
