Fisheries of the Exclusive Economic Zone Off Alaska: Bering Sea and Aleutian Islands; Final 2010 and 2011 Harvest Specifications for Groundfish

Federal Register: March 12, 2010 (Volume 75, Number 48)

Rules and Regulations

Page 11778-11798

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr12mr10-9

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration 50 CFR Part 679

Docket No. 0910131363-0087-02

RIN 0648-XS44

Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; Final 2010 and 2011 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 2010 and 2011 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 2010 and 2011 fishing years, and to accomplish the goals and objectives of the Fishery Management Plan for Groundfish of the BSAI (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 (Magnuson-Stevens Act).

DATES: Effective from 1200 hrs, Alaska local time (A.l.t.), March 12, 2010, through 2400 hrs, A.l.t., December 31, 2011.

ADDRESSES: Electronic 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) for this action may be obtained from http://alaskafisheries.noaa.gov. The 2009 Stock Assessment and

Fishery Evaluation (SAFE) report for the groundfish resources of the

BSAI dated November 2009, including discard mortality rates (DMR) for halibut, is available from the North Pacific Fishery Management

Council's Web site at http://www.alaskafisheries.noaa.gov/npfmc.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.

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 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; 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) 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 is 1,677,154 mt for 2010 and is 1,996,558 mt for 2011.

Section 679.20(c)(3)(i) further requires NMFS to consider public comment on the proposed annual TACs (and apportionments thereof) and

PSC allowances, and to publish final harvest specifications in the

Federal Register. The proposed 2010 and 2011 harvest specifications and

PSC allowances for the groundfish fishery of the BSAI were published in the Federal Register on December 2, 2009 (74 FR 63100). Comments were invited and accepted through January 4, 2010. NMFS received two letters with four 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 2010 and 2011 harvest specifications during the December 2009

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 2010 and 2011 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 to define OFL and ABC amounts 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.

In December 2009, 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 2009

SAFE report for the BSAI groundfish fisheries, dated November 2009. 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 2009, the SSC, AP, and Council reviewed the Plan Team's recommendations. The SSC concurred with the Plan Team's recommendations, and the Council adopted the OFL and ABC amounts recommended by the SSC (Table 1). The final TAC recommendations were based on the ABCs as adjusted for other biological

Page 11779

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 2010 and 2011 TAC recommendations. None of the

Council's recommended TACs for 2010 or 2011 exceeds the final 2010 or 2011 ABCs for any species category. The final 2010 and 2011 harvest specifications approved by the Secretary are unchanged from those recommended by the Council and are consistent with the preferred harvest strategy alternative in the EIS (see ADDRESSES). NMFS finds that the Council's recommended OFLs, ABCs, and TACs are consistent with the biological condition of groundfish stocks as described in the 2009

SAFE report that was approved by the Council.

Other Actions Potentially Affecting the 2010 and 2011 Harvest

Specifications

The Council is developing an amendment to the FMP to comply with

Magnuson-Stevens Act requirements associated with annual catch limits and accountability measures. That amendment may result in revisions to how total annual groundfish mortality is estimated and accounted for in the annual SAFE reports, which in turn may affect the OFL, ABC, and TAC for certain groundfish species. NMFS will attempt to identify additional sources of mortality to groundfish stocks not currently reported or considered by the groundfish stock assessments in recommending OFL, ABC, and TAC for certain groundfish species. These additional sources of mortality may include recreational fishing, subsistence fishing, catch of groundfish during the NMFS trawl and hook-and-line surveys, catch taken under experimental fishing permits issued by NMFS, discarded catch of groundfish in the commercial halibut fisheries, use of groundfish as bait in the crab fisheries, or other sources of mortality not yet identified.

At its October 2009 meeting, the Council approved Amendment 95 to the FMP. This amendment would separate skates from the ``other species'' category so that individual OFLs, ABCs, and TACs may be established for skates. If the Secretary approves the amendment then the change would be in effect for the 2011 fishing year.

At its April 2009 meeting, the Council adopted Amendment 91 to the

FMP. This amendment would establish new measures to minimize Chinook salmon bycatch in the Bering Sea pollock fisheries, including new

Chinook salmon PSC limits that, when reached, would prohibit directed fishing for pollock. If approved, Amendment 91 could be effective by 2011.

Changes From the Proposed 2010 and 2011 Harvest Specifications in the

BSAI

In October 2009, the Council made its recommendations for the proposed 2010 and 2011 harvest specifications (74 FR 63100, December 2, 2009) based largely on information contained in the 2008 SAFE report for the BSAI groundfish fisheries. The 2009 SAFE report, which was not available when the Council made its recommendations in October 2009, contains the best and most recent scientific information on the condition of the groundfish stocks. In December 2009, the Council considered the 2009 SAFE report in making its recommendations for the final 2010 and 2011 harvest specifications. Based on the 2009 SAFE report, the sum of the 2010 and 2011 recommended final TACs for the

BSAI (1,677,154 mt for 2010, and 1,996,558 mt for 2011) are higher than the sums of the proposed 2010 and 2011 TACs (1,585,000 mt each year).

Compared to the proposed 2010 TACs, the Council's final TAC recommendations increase for species when the best and most recent scientific analysis supports a larger TAC. These changes increase fishing opportunities for fishermen and add economic benefits to the nation. Increased TACs are specified for BSAI sablefish, BSAI Atka mackerel, yellowfin sole, rock sole, arrowtooth flounder, flathead sole, Alaska plaice, BSAI Pacific ocean perch, northern rockfish, and

``other species.'' The Council reduced TAC levels to provide greater protection for several species including Bering Sea subarea pollock,

Pacific cod, Greenland turbot, and rougheye rockfish.

The largest TAC reduction was for Pacific cod. The 2010 BSAI

Pacific cod ABC was reduced 25,000 mt, and the corresponding TAC was reduced 24,250. While the Plan Team's selected model incorporating the latest catch and survey data results in a lower ABC and TAC than the proposed rule, the SSC noted that both the 2006 and 2008 year class appear to be strong, which should create an increasing population and biomass in the near future. For 2011, the model produces an ABC 15,000 mt higher than the proposed ABC.

The SSC concurred with the Plan Team's model choice for Bering Sea pollock, which when incorporated with updated survey and catch data results in an ABC and TAC 2,000 mt lower than the proposed harvest specifications for 2010. While the SSC notes that there are legitimate concerns over the Bering Sea pollock stock, the 2006 and 2008 year classes appear to be strong and there are several precautionary aspects incorporated into the current stock assessment. The SSC also notes that while the current model produces a 295,000 mt higher Bering Sea pollock

ABC and TAC for 2011, these numbers are provisional and will be greatly affected by next year's data collection and analysis.

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.

These changes are compared in the following table:

Comparison of Final 2010 and 2011 with Proposed 2010 and 2011 Total Allowable Catch in the BSAI

Amounts are in metric tons

2010

2011

Species

Area \1\

2010 final TAC 2010 proposed difference 2011 final TAC 2011 proposed difference

TAC

from proposed

TAC

from proposed

Pollock............................ BS.................

813,000

815,000

-2,000

1,110,000

815,000

295,000

AI.................

19,000

19,000

0

19,000

19,000

0

Bogoslof...........

50

10

40

50

10

40

Pacific cod........................ BSAI...............

168,780

193,030

-24,250

207,580

193,030

14,550

Sablefish.......................... BS.................

2,790

2,520

270

2,500

2,520

-20

AI.................

2,070

2,040

30

1,860

2,040

-180

Atka mackerel...................... EAI/BS.............

23,800

22,900

900

20,900

22,900

-2,000

CAI................

29,600

28,500

1,100

26,000

28,500

-2,500

WAI................

20,600

19,700

900

18,100

19,700

-1,600

Yellowfin sole..................... BSAI...............

219,000

180,000

39,000

213,000

180,000

33,000

Page 11780

Rock sole.......................... BSAI...............

90,000

75,000

15,000

90,000

75,000

15,000

Greenland turbot................... BS.................

4,220

4,920

-700

3,700

4,920

-1,220

AI.................

1,900

2,210

-310

1,670

2,210

-540

Arrowtooth flounder................ BSAI...............

75,000

60,000

15,000

75,000

60,000

15,000

Flathead sole...................... BSAI...............

60,000

50,000

10,000

60,000

50,000

10,000

Other flatfish..................... BSAI...............

17,300

17,400

-100

17,300

17,400

-100

Alaska plaice...................... BSAI...............

50,000

30,000

20,000

50,000

30,000

20,000

Pacific ocean perch................ BS.................

3,830

3,780

50

3,790

3,780

10

EAI................

4,220

4,160

60

4,180

4,160

20

CAI................

4,270

4,210

60

4,230

4,210

20

WAI................

6,540

6,450

90

6,480

6,450

30

Northern rockfish.................. BSAI...............

7,240

6,000

1,240

7,290

6,000

1,290

Shortraker rockfish................ BSAI...............

387

387

0

387

387

0

Rougheye rockfish.................. BSAI...............

547

552

-5

531

552

-21

Other rockfish..................... BS.................

485

485

0

485

485

0

AI.................

555

555

0

555

555

0

Squid.............................. BSAI...............

1,970

1,970

0

1,970

1,970

0

Other species...................... BSAI...............

50,000

34,221

15,779

50,000

34,221

15,779

Total.......................... BSAI...............

1,677,154

1,585,000

92,154

1,996,558

1,585,000

411,558

\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 2010 and 2011 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 2010 and 2011 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 2010 and 2011 harvest specifications,

NMFS is apportioning the amounts shown in Table 2 from the non- specified reserve to increase the ITAC of several target species.

Table 1--Final 2010 and 2011 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

2010

2011

Species

Area

OFL

ABC

TAC

ITAC \2\

CDQ \3\

OFL

ABC

TAC

ITAC \2\

CDQ \3\

Pollock \3\................................ BS \2\.....................

918,000

813,000

813,000

731,700

81,300 1,220,000 1,110,000 1,110,000

999,000

111,000

AI \2\.....................

40,000

33,100

19,000

17,100

1,900

39,100

32,200

19,000

17,100

1,900

Bogoslof...................

22,000

156

50

50

0

22,000

156

50

50

0

Pacific cod \4\............................ BSAI.......................

205,000

174,000

168,780

150,721

18,059

251,000

214,000

207,580

185,369

22,211

Sablefish \5\.............................. BS.........................

3,310

2,790

2,790

2,302

384

2,970

2,500

2,500

1,063

94

AI.........................

2,450

2,070

2,070

1,682

349

2,200

1,860

1,860

395

35

Atka mackerel.............................. BSAI.......................

88,200

74,000

74,000

66,082

7,918

76,200

65,000

65,000

58,045

6,955

EAI/BS.....................

n/a

23,800

23,800

21,253

2,547

n/a

20,900

20,900

18,664

2,236

CAI........................

n/a

29,600

29,600

26,433

3,167

n/a

26,000

26,000

23,218

2,782

WAI........................

n/a

20,600

20,600

18,396

2,204

n/a

18,100

18,100

16,163

1,937

Yellowfin sole............................. BSAI.......................

234,000

219,000

219,000

195,567

23,433

227,000

213,000

213,000

190,209

22,791

Rock sole.................................. BSAI.......................

243,000

240,000

90,000

80,370

9,630

245,000

242,000

90,000

80,370

9,630

Greenland turbot........................... BSAI.......................

7,460

6,120

6,120

5,202

n/a

6,860

5,370

5,370

4,565

n/a

BS.........................

n/a

4,220

4,220

3,587

452

n/a

3,700

3,700

3,145

396

AI.........................

n/a

1,900

1,900

1,615

0

n/a

1,670

1,670

1,420

0

Arrowtooth flounder........................ BSAI.......................

191,000

156,000

75,000

63,750

8,025

191,000

157,000

75,000

63,750

8,025

Flathead sole.............................. BSAI.......................

83,100

69,200

60,000

53,580

6,420

81,800

68,100

60,000

53,580

6,420

Other flatfish \6\......................... BSAI.......................

23,000

17,300

17,300

14,705

0

23,000

17,300

17,300

14,705

0

Alaska plaice.............................. BSAI.......................

278,000

224,000

50,000

42,500

0

314,000

248,000

50,000

42,500

0

Pacific ocean perch........................ BSAI.......................

22,400

18,860

18,860

16,677

n/a

22,200

18,680

18,680

16,518

n/a

BS.........................

n/a

3,830

3,830

3,256

0

n/a

3,790

3,790

3,222

0

EAI........................

n/a

4,220

4,220

3,768

452

n/a

4,180

4,180

3,733

447

CAI........................

n/a

4,270

4,270

3,813

457

n/a

4,230

4,230

3,777

453

WAI........................

n/a

6,540

6,540

5,840

700

n/a

6,480

6,480

5,787

693

Northern rockfish.......................... BSAI.......................

8,640

7,240

7,240

6,154

0

8,700

7,290

7,290

6,197

0

Shortraker rockfish........................ BSAI.......................

516

387

387

329

0

516

387

387

329

0

Page 11781

Rougheye rockfish.......................... BSAI.......................

669

547

547

465

0

650

531

531

451

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.......................

88,200

61,100

50,000

42,500

0

88,200

61,100

50,000

42,500

0

Total.................................. ........................... 2,462,945 2,121,880 1,677,154 1,493,994

159,478 2,826,396 2,467,484 1,996,558 1,779,254

191,050

\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. For pollock and Amendment 80 species, ITAC is the non-CDQ allocation of TAC (see footnotes 3 and 5).

\3\ Under Sec. 679.20(a)(5)(i)(A)(1), the annual BS 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 3 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.

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. Sections 679.21(e)(3)(i)(A) and (e)(4)(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 393 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 BS 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 2009.

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 an 11- year average of 3.3 percent. Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS establishes a pollock ICA of 1,600 mt of the AI subarea TAC 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 2009. During this 7-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 7-year average of 7 percent.

Pursuant to Sec. 679.20(a)(8) and (10), NMFS allocates ICAs of 5,000 mt of flathead sole, 10,000 mt of rock sole, 2,000 mt of yellowfin sole, 50 mt of Western Aleutian District Pacific (WAI) ocean perch, 50 mt of Central Aleutian District (CAI) Pacific ocean perch, 100 mt of Eastern Aleutian District (EAI) Pacific ocean perch, 50 mt of

WAI Atka mackerel, 75 mt of CAI Atka mackerel, and 75 mt of EAI and BS 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 2009.

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

Page 11782

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 2010 and 2011.

Table 2--Final 2010 and 2011 Apportionment of Reserves to ITAC Categories

Amounts are in metric tons

2010 reserve

2010 final

2011 reserve

2011 final

Species-area or subarea

2010 ITAC

amount

ITAC

2011 ITAC

amount

ITAC

Shortraker rockfish-BSAI................................

329

58

387

329

58

387

Rougheye rockfish-BSAI..................................

465

82

547

451

80

531

Northern rockfish-BSAI..................................

6,154

1,086

7,240

6,196

1,094

7,290

Other rockfish-Bering Sea subarea.......................

412

73

485

412

73

485

Total...............................................

7,360

1,299

8,659

7,388

1,305

8,693

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 BS 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 BS 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 2010 and 2011 amounts.

Section 679.20(a)(5)(i)(A)(4) also includes several specific requirements regarding BS pollock allocations. First, 8.5 percent of the pollock allocated to the catcher/processor sector will be available for harvest by AFA catcher vessels (CVs) with catcher/processor (CP) sector endorsements, unless the Regional Administrator receives a cooperative contract that provides for the distribution of harvest among AFA CPs and AFA CVs in a manner agreed to by all members. Second,

AFA CPs 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 2010 and 2011 allocations of pollock TAC. Tables 11 through 16 list the AFA CP and CV harvesting sideboard limits. The tables for the pollock allocations to the BS 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 12 noon, April 1. The remaining 12 percent of the 40 percent annual DFA allocated to the A season may be taken outside the SCA before 12 noon, April 1 or inside the SCA after 12 noon, April 1. If less than 28 percent of the annual DFA is taken inside the SCA before 12 noon, April 1, the remainder will be available to be taken inside the SCA after 12 noon, 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 these 2010 and 2011 amounts by sector.

Table 3--Final 2010 and 2011 Allocations of Pollock TACS to the Directed Pollock Fisheries and to the CDQ Directed Fishing Allowances (DFA) \1\

Amounts are in metric tons

2010 A season \1\

2010 B

2011 A season \1\

2011 B

season \1\

------------------------ season \1\

Area and sector

2010

SCA

2011

SCA

allocations A season

harvest

B season Allocations A season

harvest

B season

DFA

limit \2\

DFA

DFA

limit \2\

DFA

Bering Sea subarea....................................

813,000

n/a

n/a

n/a 1,110,000

n/a

n/a

n/a

CDQ DFA...........................................

81,300

32,520

22,764

48,780

111,000

44,400

31,080

66,600

ICA \1\...........................................

29,268

n/a

n/a

n/a

39,960

n/a

n/a

n/a

AFA Inshore.......................................

351,216

140,486

98,340

210,730

479,520

191,808

134,266

287,712

AFA Catcher/Processors \3\....................

280,973

112,389

78,672

168,584

383,616

153,446

107,412

230,170

Catch by C/Ps.................................

257,090

102,836

n/a

154,254

351,009

140,403

n/a

210,605

Catch by CVs \3\..............................

23,883

9,553

n/a

14,330

32,607

13,043

n/a

19,564

Unlisted C/P Limit \4\....................

1,405

562

n/a

843

1,918

767

n/a

1,151

AFA Motherships...................................

70,243

28,097

19,668

42,146

95,904

38,362

26,853

57,542

Excessive Harvesting Limit \5\....................

122,926

n/a

n/a

n/a

167,832

n/a

n/a

n/a

Excessive Processing Limit \6\....................

210,730

n/a

n/a

n/a

287,712

n/a

n/a

n/a

Total Bering Sea DFA..........................

702,432

280,973

196,681

421,459

959,040

383,616

268,531

575,424

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

Page 11783

Bogoslof District ICA \7\.............................

50

n/a

n/a

n/a

50

n/a

n/a

n/a

\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the BS 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 BS 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 BS subarea, no more than 28 percent of each sector's annual DFA may be taken from the SCA before 12:00 noon, April 1. The remaining 12 percent of the annual DFA allocated to the A season may be taken outside of the SCA before 12:00 noon, April 1 or inside the SCA after 12:00 noon,

April 1. If less than 28 percent of the annual DFA is taken inside the SCA before 12:00 noon, April 1, the remainder will be available to be taken inside the SCA after 12:00 noon, April 1.

\3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors 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 to the

Amendment 80 and BSAI trawl limited access sectors, after subtraction of the CDQ reserves, jig gear allocation, and ICAs for the BSAI trawl limited access sector and non-trawl gear (Table 4). 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 EAI and the BS 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 EAI and BS to the jig gear in 2010 and 2011. Based on the 2010 TAC of 23,800 mt after subtractions of the CDQ reserve and ICA, the jig gear allocation would be 106 mt for 2010. Based on the 2011 TAC of 20,900 mt after subtractions of the CDQ reserve and ICA, the jig gear allocation would be 93 mt for 2011.

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 WAI and CAI 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)(B)(1)). There is no allocation of Atka mackerel to the BSAI trawl limited access sector in the WAI. Therefore, no vessels in the BSAI trawl limited access sector will be assigned to the WAI 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 EAI and BS subarea for any one of the three trawl sectors allocated Atka mackerel TAC.

Table 4 lists these 2010 and 2011 amounts. The 2011 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, 2010.

Table 4--Final 2010 and 2011 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

2010 allocation by area

2011 allocation by area

Eastern

Eastern

Sector \1\

Season 2 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................

23,800

29,600

20,600

20,900

26,000

18,100

CDQ reserve........................ Total..............

2,547

3,167

2,204

2,236

2,782

1,937

Page 11784

HLA \5\............

n/a

1,900

1,323

n/a

1,669

1,162

ICA................................ Total..............

75

75

50

75

75

50

Jig \6\............................ Total..............

106

0

0

93

0

0

BSAI trawl limited access.......... Total..............

1,264

1,581

0

1,480

1,851

0

A..................

632

791

0

740

926

0

HLA \5\............

n/a

474

0

n/a

555

0

B..................

632

791

0

740

926

0

HLA \5\............

n/a

474

0

n/a

555

0

Amendment 80 sectors............... Total..............

19,808

24,776

18,346

17,016

21,292

16,113

A..................

9,904

12,388

9,173

8,508

10,646

8,057

HLA \5\............

n/a

7,433

5,504

n/a

6,387

4,834

B..................

9,904

12,388

9,173

8,508

10,646

8,057

HLA \5\............

n/a

7,433

5,504

n/a

6,387

4,834

Amendment 80 limited access........ Total..............

10,526

14,913

11,310

n/a

n/a

n/a

A..................

5,263

7,457

5,655

n/a

n/a

n/a

HLA \5\............

n/a

4,474

3,393

n/a

n/a

n/a

B..................

5,263

7,457

5,655

n/a

n/a

n/a

HLA \5\............

n/a

4,474

3,393

n/a

n/a

n/a

Amendment 80 cooperatives.......... Total..............

9,282

9,863

7,036

n/a

n/a

n/a

A..................

4,641

4,932

3,518

n/a

n/a

n/a

HLA \5\............

n/a

2,959

2,111

n/a

n/a

n/a

B..................

4,641

4,932

3,518

n/a

n/a

n/a

HLA \5\............

n/a

2,959

2,111

n/a

n/a

n/a

\1\ Section 679.20(a)(8)(ii) allocates to the Amendment 80 and BSAI trawl limited access sectors the Atka mackerel TACs, after subtraction of the CDQ reserves, jig gear allocation, and ICAs. 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 the Central and Western Aleutian Districts, 60 percent of each seasonal allowance is available for fishing inside the HLA.

\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.

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 CVs less than 60 ft (18.3 m) length overall (LOA), 0.2 percent to hook-and-line CVs 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 CVs 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

CVs. 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 2010 and 2011, 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 2011 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, 2010.

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.

The CDQ and non-CDQ season allowances by gear based on the 2010 and 2011 Pacific cod TACs are listed in Tables 5a and 5b based on the sector allocation percentages of Pacific cod set forth at Sec. Sec. 679.20(a)(7)(i)(B) and 679.20(a)(7)(iv)(A); and the seasonal allowances of Pacific cod set forth at Sec. 679.23(e)(5).

Page 11785

Table 5a--Final 2010 Gear Shares and Seasonal Allowances of the BSAI Pacific Cod TAC

Amounts are in metric tons

2010 share

2010 seasonal apportionment of gear 2010 share of -----------------------------------

Gear sector

Percent

sector

sector total total

Dates

Amount

Total TAC............................

100

168,780

n/a n/a....................

n/a

CDQ..................................

10.7

18,059

n/a see Sec.

n/a 679.20(a)(7)(i)(B).

Total hook-and-line/pot gear.........

60.8

91,638

n/a n/a....................

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

91,138

n/a n/a....................

n/a

Hook-and-line catcher/processor......

48.7

n/a

73,000 Jan 1-Jun 10...........

37,230

Jun 10-Dec 31..........

35,770

Hook-and-line catcher vessel >= 60 ft

0.2

n/a

300 Jan 1-Jun 10...........

153

LOA.

Jun 10-Dec 31..........

147

Pot catcher/processor................

1.5

n/a

2,248 Jan 1-Jun 10...........

1,147

Sept 1-Dec 31..........

1,102

Pot catcher vessel >= 60 ft LOA......

8.4

n/a

12,591 Jan 1-Jun 10...........

6,422

Sept 1-Dec 31..........

6,170

Catcher vessel = 60 ft LOA.

Jun 10-Dec 31..........

181

Pot catcher/processor................

1.5

n/a

2,768 Jan 1-Jun 10...........

1,412

Sept 1-Dec 31..........

1,356

Pot catcher vessel = 60 ft

8.4

n/a

15,502 Jan 1-Jun 10...........

7,906

LOA.

Sept 1-Dec 31..........

7,596

Catcher vessel

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