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