Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone Bering Sea and Aleutian Islands groundfish,
[Federal Register: December 16, 2005 (Volume 70, Number 241)]
[Proposed Rules]
[Page 74723-74739]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16de05-23]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 051205324-5324-01; I.D. 112805B]
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; 2006 and 2007 Proposed Harvest Specifications for Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
[[Page 74724]]
SUMMARY: NMFS proposes 2006 and 2007 harvest specifications and prohibited species catch (PSC) 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 2006 and 2007 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 (Magnuson-Stevens Act).
DATES: Comments must be received by January 17, 2006.
ADDRESSES: Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Lori Durall. Comments may be submitted by:
Webform at the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions at that site for
submitting comments;
Mail to P.O. Box 21668, Juneau, AK 99802;
Hand Delivery to the Federal Building, 709 West 9th Street, Room 420A, Juneau, AK;
E-mail to 2006AKgroundfish.tacspecs@noaa.gov and include in the subject line the document identifier: 2006 Proposed Specifications (E-mail comments, with or without attachments, are limited to 5 megabytes); or
Fax to 907-586-7557.
Copies of the draft Environmental Assessment/Initial Regulatory Flexibility Analysis (EA/IRFA) prepared for this action are available from NMFS at the addresses above or from the Alaska Region Web site at http://www.fakr.noaa.gov. Copies of the final 2004 Stock Assessment and
Fishery Evaluation (SAFE) report for the groundfish resources of the BSAI, dated November 2004, are available from the North Pacific Fishery Management Council (Council), West 4th Avenue, Suite 306, Anchorage, AK 99510-2252, 907-271-2809, or from its Web site at http://www.fakr.noaa.gov/npfmc .
FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228, or e-mail at mary.furuness@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
Federal regulations at 50 CFR part 679 implement the FMP and govern the groundfish fisheries in the BSAI. The 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 annually the total allowable catch (TAC) for each target species and the ``other species'' category, the sum of which must be within the optimum yield range of 1.4 million to 2.0 million metric tons (mt) (see Sec. 679.20(a)(1)(i)). Regulations at Sec. 679.20(c)(1) further require NMFS to publish proposed harvest specifications in the Federal Register and solicit public comment on proposed annual TACs and apportionments thereof, PSC allowances and prohibited species quota (PSQ) reserves established by Sec. 679.21, seasonal allowances of pollock, Pacific cod and Atka mackerel TAC, including pollock Community Development Quota (CDQ), and CDQ reserve amounts established by Sec. 679.20(b)(1)(iii). The proposed harvest specifications set forth in Tables 1 through 13 of this action satisfy these requirements.
Under Sec. 679.20(c)(3), NMFS will publish the final harvest specifications for 2006 and 2007 after (1) considering comments received within the comment period (see DATES), (2) consulting with the Council at its December 2005 meeting, and (3) considering new information presented in the EA and the final 2005 SAFE reports prepared for the 2006 and 2007 groundfish fisheries.
Other Rules Affecting the 2006 and 2007 Harvest Specifications
When possible, this proposed rule identifies proposals that are under consideration by the Council that, if approved by the Secretary of Commerce (Secretary), could change the final harvest specifications. The 2006 harvest specifications will be updated in early 2006, when final harvest specifications for 2006 and new harvest specifications for 2007 are implemented.
The Council is reviewing Amendment 85, which may revise the BSAI Pacific cod sector allocation and apportion the Pacific cod acceptable biological catch (ABC) or TAC by Bering Sea subarea and Aleutian Islands (AI) subarea separately instead of by the entire BSAI management area. The Council is also reviewing Amendment 84, which may modify current regulations for managing incidental catch of chinook and chum salmon. The Council may consider separating some rockfish species from the ``other rockfish'' species category so individual overfishing levels (OFLs), ABCs, and TACs may be established for some rockfish species. The Council may pursue a change to the start date for the BSAI pollock ``A'' season fishery. An earlier start date would allow the fleet more flexibility to harvest pollock when roe content is optimal.
Proposed ABC and TAC Harvest Specifications
The proposed 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 OFLs involves sophisticated statistical analyses of fish populations and is based on a successive series of six levels, or tiers, of reliable information available to fishery scientists. Tier one represents the highest level of data quality available and tier six the lowest level of data quality available.
Appendix A to the final SAFE report for the 2005 BSAI groundfish fisheries dated November 2004 (see ADDRESSES) sets forth the best information currently available. Information on the status of stocks will be updated with the 2005 survey results and reconsidered by the Plan Team in November 2005 for the 2005 SAFE report. The 2006 and 2007 final harvest specifications will be based on the 2005 SAFE report.
In October 2005, the Scientific and Statistical Committee (SSC), Advisory Panel, and the Council reviewed the Plan Team's preliminary projections as the basis for the 2006 and 2007 proposed ABC, OFL, and TAC amounts. The SSC concurred in the Plan Team's recommendations which, for stocks in tiers 1-3, used 2005 estimated fishing mortality rates in stock projection models to estimate OFLs and ABCs for 2006. The estimated 2006 TACs were derived based on ABC constraints and past Council actions. The estimated 2006 TACs were treated as the projected 2006 fishing mortality rates to derive estimates of OFLs and ABCs for 2007. For stocks in tiers 4-6, for which there are no population projection models, the OFL and ABC amounts from 2005 were used for 2006 and 2007. The Council adopted the OFL and ABC amounts recommended by the SSC (Table 1). The Council recommended that the 2006 proposed TACs be set equal to the 2006 TACs the Council adopted and the Secretary approved in 2005 for the 2006 final specifications
[[Page 74725]]
(70 FR 8979, February 24, 2005). The Council recommended that the 2007 proposed TACs be set equal to the proposed ABCs, except for decreases for Aleutian Islands and Bogoslof pollock, arrowtooth flounder, Alaska plaice, and other species. The Council recommended using the 2005 and 2006 PSC allowances for the 2006 and 2007 proposed allowances. The Council will reconsider the OFL, ABC, TAC, and PSC amounts in December 2005 after the Plan Team incorporates new status of groundfish stocks information into a final 2005 SAFE report for the 2006 and 2007 BSAI groundfish fishery. None of the Council's recommended proposed TACs for 2006 or 2007 exceeds the recommended 2006 or 2007 proposed ABC for any species category. NMFS finds the Council's recommended proposed 2006 and 2007 OFLs, ABCs, and TACs are consistent with the best available information on the biological condition of the groundfish stocks.
Table 1 lists the 2006 and 2007 proposed OFL, ABC, and TAC, initial TAC (ITAC) and CDQ amounts for groundfish in the BSAI. The proposed apportionment of TAC amounts among fisheries and seasons is discussed below.
[[Page 74726]]
Table 1.--2006 and 2007 Proposed 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]
2006
2007 Species
Area
--------------------------------------------------------------------------------------------------------------------------------- OFL
ABC
TAC
ITAC \2\ CDQ \3\
OFL
ABC
TAC
ITAC \2\ CDQ \3\
Pollock \4\........................... BS \2\................ 1,966,100 1,636,800 1,487,756 1,338,980 148,776 1,487,100 1,223,200 1,223,200 1,100,880 122,320 AI \2\................ 39,100 29,400 19,000 17,100
1,900 39,100 29,400 19,000 17,100
1,900 Bogoslof.............. 39,600
2,570
10
10
n/a 39,600
2,570
11
11
n/a Pacific cod........................... BSAI.................. 250,700 195,000 195,000 165,750 14,625 222,000 172,200 172,200 146,370 12,915 Sablefish \5\......................... BS....................
3,085
2,556
2,310
982
318
2,880
2,400
2,400
1,020
44490 AI....................
3,315
2,744
2,480
527
419
3,120
2,600
2,600
553
49 Atka mackerel......................... BSAI.................. 126,700 107,000 63,000 53,550
4,725 106,900 90,800 90,800 77,180
6,810 WAI...................
n/a 40,230 20,000 17,000
1,500
n/a 28,825 28,825 24,501
2,162 CAI...................
n/a 45,580 35,500 30,175
2,663
n/a 51,165 51,165 43,490
3,837 EAI/BS................
n/a 21,190
7,500
6,375
563
n/a 10,810 10,810
9,189
811 Yellowfin sole........................ BSAI.................. 139,500 117,700 90,000 76,500
6,750 130,000 109,600 109,600 93,160
8,220 Rock sole............................. BSAI.................. 145,100 121,700 42,000 35,700
3,150 138,400 116,100 116,100 98,685
8,708 Greenland turbot...................... BSAI.................. 18,100 11,400
3,500
2,975
263 16,900 10,500 10,500
8,925
788 BS....................
n/a
7,590
2,500
2,125
188
n/a
7,500
7,500
6,375
563 AI....................
n/a
3,410
1,000
850
75
n/a
3,000
3,000
2,550
225 Arrowtooth flounder................... BSAI.................. 128,500 104,200 12,000 10,200
900 125,800 102,100 39,100 33,235
2,933 Flathead sole......................... BSAI.................. 65,900 54,900 20,000 17,000
1,500 60,800 50,600 50,600 43,010
3,795 Other flatfish \6\.................... BSAI.................. 28,500 21,400
3,000
2,550
225 28,500 21,400 21,400 18,190
1,605 Alaska plaice......................... BSAI.................. 231,000 183,400 10,000
8,500
750 224,400 178,100 65,000 55,250
4,875 Pacific ocean perch................... BSAI.................. 17,600 14,900 12,600 10,710
945 17,900 15,100 15,100 12,835
1,133 BS....................
n/a
3,000
1,400
1,190
105
n/a
1,678
1,678
1,426
126 WAI...................
n/a
5,450
5,085
4,322
381
n/a
6,096
6,096
5,182
457 CAI...................
n/a
3,252
3,035
2,580
228
n/a
3,637
3,637
3,091
273 EAI...................
n/a
3,298
3,080
2,618
231
n/a
3,689
3,689
3,136
277 Northern rockfish..................... BSAI..................
9,800
8,200
5,000
4,250
375
9,700
8,200
8,200
6,970
615 Shortraker rockfish................... BSAI..................
794
596
596
507
45
794
596
596
507
45 Rougheye rockfish..................... BSAI..................
298
223
223
190
17
298
223
223
190
17 Other rockfish \7\.................... BS....................
1,122
810
460
391
35
1,122
810
810
689
61 AI....................
748
590
590
502
44
748
590
590
502
44 Squid................................. BSAI..................
2,620
1,970
1,275
1,084
n/a
2,620
1,970
1,970
1,675
n/a Other species \8\..................... BSAI.................. 87,920 57,870 29,200 24,820
2,190 87,920 57,870 50,000 42,500
3,750
Total........................... ...................... 3,306,102 2,675,629 2,000,000 1,772,778 187,953 2,746,602 2,196,929 2,000,000 1,759,437 180,673
\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 and the portion of the sablefish TAC allocated to hook-and-line and pot gear, 15 percent of each TAC is put into a reserve. The ITAC for each species is the remainder of the TAC after the subtraction of these reserves. \3\ Except for pollock, squid and the hook-and-line or pot gear allocation of sablefish, one half of the amount of the TACs placed in reserve, or 7.5 percent of the TACs, is designated as a CDQ reserve for use by CDQ participants (see Sec. Sec. 679.20(b)(1)(iii) and 679.31). \4\ Under Sec. 679.20(a)(5)(i)(A)(1), the annual Bering Sea pollock TAC after subtraction for the CDQ directed fishing allowance--10 percent and the ICA--3.5 percent, is further allocated by sector for a directed pollock fishery as follows: inshore--50 percent; catcher/processor--40 percent; and motherships--10 percent. Under Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock TAC, after subtraction for the CDQ directed fishing allowance--10 percent and the ICA--1,800 mt, is allocated to the Aleut Corporation for a directed pollock fishery. \5\ The ITAC for sablefish reflected in Table 1 is for trawl gear only. Regulations at Sec. 679.20(b)(1) do not provide for the establishment of an ITAC for the hook-and-line and pot gear allocation for sablefish. Twenty percent of the sablefish TAC allocated to hook-and-line gear or pot gear and 7.5 percent of the sablefish TAC allocated to trawl gear is reserved for use by CDQ participants (see Sec. 679.20(b)(1)(iii)). \6\ ``Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), flathead sole, Greenland turbot, rock sole, yellowfin sole, arrowtooth flounder and Alaska plaice. \7\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, northern, shortraker, and rougheye rockfish. \8\ ``Other species'' includes sculpins, sharks, skates and octopus. Forage fish, as defined at Sec. 679.2, are not included in the ``other species'' category.
[[Page 74727]]
Reserves and the Incidental Catch Allowance (ICA) for Pollock
Regulations at Sec. 679.20(b)(1)(i) require placement of 15 percent of the TAC for each target species or species group, except for pollock and the hook-and-line and pot gear allocation of sablefish, in a non-specified reserve. Regulations at Sec. 679.20(b)(1)(iii) further require the allocation of one half of each TAC amount that is placed in the non-specified reserve (7.5 percent), with the exception of squid, to the groundfish CDQ reserve, and the allocation of 20 percent of the hook-and-line and pot gear allocation of sablefish to the fixed gear sablefish CDQ reserve. Regulations at Sec. Sec. 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. 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 reserves by gear. Regulations at Sec. 679.21(e)(1)(i) also require withholding of 7.5 percent of each PSC limit, with the exception of herring, as a PSQ reserve for the CDQ fisheries. Sections 679.30 and 679.31 set forth the regulations governing the management of the CDQ and PSQ reserves.
Under regulations at Sec. 679.20(a)(5)(i)(A)(1), NMFS allocates a pollock ICA of 3.5 percent of the Bering Sea pollock TAC after subtraction of the 10 percent CDQ reserve. This allowance is based on NMFS' examination of the incidental catch of pollock in target fisheries other than pollock from 1999 through 2004. During this 6-year period, the incidental catch of pollock ranged from a low of 2 percent in 2003 to a high of 5 percent in 1999, with a 6-year average of 3.5 percent. Because these incidental percentages are contingent on the relative amounts of other groundfish TACs, NMFS will be better able to assess the ICA amount when the Council makes final ABC and TAC amount recommendations in December. Under regulations at Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS recommends setting a 1,800 mt ICA for AI subarea pollock after a subtraction of the 10 percent CDQ directed fishing allowance.
The regulations do not designate the remainder of the non-specified reserve by species or species group, and any amount of the reserve may be reapportioned to a target species or the ``other species'' category during the year, providing that such reapportionments do not result in overfishing (see Sec. 679.20(b)(1)(ii)).
Allocations of Pollock TAC Under the American Fisheries Act (AFA)
Regulations at Sec. 679.20(a)(5)(i)(A) require that the pollock TAC apportioned to the Bering Sea subarea, after subtraction of the 10 percent for the CDQ program and the 3.5 percent for the ICA, will be allocated as a directed fishing allowance (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, the A season (January 20-June 10) is allocated 40 percent of the DFA and the B season (June 10-November 1) is allocated 60 percent of the DFA. The AI directed pollock fishery allocation to the Aleut Corporation equals the AI subarea pollock TAC after subtracting first the 10 percent for the CDQ DFA (1,900 mt) and second the ICA (1,800 mt). In the AI subarea, 40 percent of the ABC is allocated to the A season and the remainder of the directed pollock fishery is allocated to the B season. Table 2 lists these 2006 and 2007 proposed amounts.
The regulations also include several specific requirements regarding pollock and pollock allocations under Sec. 679.20(a)(5)(i)(A)(4). First, 8.5 percent of the pollock allocated to the catcher/processor sector will be available for harvest by AFA catcher vessels with catcher/processor sector endorsements, unless the Regional Administrator receives a cooperative contract that provides for the distribution of harvest among AFA catcher/processors and AFA catcher vessels in a manner agreed to by all members. Second, AFA catcher/processors not listed in the AFA are limited to harvesting not more than 0.5 percent of the pollock allocated to the catcher/processor sector. Table 2 lists the 2006 and 2007 proposed allocations of pollock TAC. Tables 8 through 13 list other provisions of the AFA, including inshore pollock cooperative allocations and listed catcher/processor and catcher vessel harvesting sideboard limits.
Table 2 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 DFA until April 1. The remaining 12 percent of the 40 percent of the annual DFA allocated to the A season may be taken outside the SCA before April 1 or inside the SCA after April 1. If the 28 percent of the annual DFA is not taken inside the SCA before April 1, the remainder will be available to be taken inside the SCA after April 1. The A season pollock SCA harvest limit will be apportioned to each sector in proportion to each sector's allocated percentage of the DFA. Table 2 lists by sector these 2006 and 2007 proposed amounts.
Table 2.--2006 and 2007 Proposed Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ Directed Fishing Allowances (DFA)\1\ [Amounts are in metric tons]
2006 A season \1\ 2006 B
2007 A season \1\ 2007 B
season \1\
-------------------------- season Area and sector
2006
------------- 2007
------------ allocations A season SCA harvest B season allocations A season SCA harvest B season DFA limit \2\ DFA
DFA limit \2\ DFA
Bering Sea subarea.............................. 1,487,756
n/a
n/a
n/a 1,223,200
n/a
n/a
n/a CDQ DFA......................................... 148,776 59,510 41,657 89,265 122,320 48,928 34,250 73,392 ICA\1\.......................................... 46,864
n/a
n/a
n/a 38,531
n/a
n/a
n/a AFA Inshore..................................... 646,058 258,423 180,896 387,635 531,175 212,470 148,729 318,705 AFA Catcher/Processors \3\...................... 516,846 206,739 144,717 310,108 424,940 169,976 118,983 254,964 Catch by C/Ps................................... 472,914 189,166
n/a 283,749 388,820 155,528
n/a 233,292 Catch by CVs \3\................................ 43,932 17,573
n/a 26,359 36,120 14,448
n/a 21,672 Unlisted C/P Limit \4\..........................
2,584
1,034
n/a
1,551
2,125
850
n/a
1,275 AFA Motherships................................. 129,212 51,685 36,179 77,527 106,235 42,494 29,746 63,741 Excessive Harvesting Limit \5\.................. 226,120
n/a
n/a
n/a 185,911
n/a
n/a
n/a
[[Page 74728]]
Excessive Processing Limit \6\.................. 387,635
n/a
n/a
n/a 318,705
n/a
n/a
n/a Total Bering Sea DFA............................ 1,487,756 576,357 403,450 864,535 1,223,200 473,868 331,707 710,802 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.............................................
1,800
1,000
n/a
800
1,800
1,000
n/a
800 Aleut Corporation............................... 15,300 10,000
n/a
5,300 15,300 10,000
n/a
5,300 Bogoslof District ICA \7\.......................
10
n/a
n/a
n/a
11
n/a
n/a
n/a
\1\ Under Sec. 679.20(a)(5)(i)(A), the Bering Sea subarea pollock after subtraction for the CDQ DFA--10 percent and the ICA--3.5 percent, the pollock TAC is allocated as a DFA as follows: Inshore component--50 percent, catcher/processor component--40 percent, and mothership component--10 percent. In the Bering Sea subarea, the A season, January 20-June 10, is allocated 40 percent of the DFA and the B season, June 10-November 1 is allocated 60 percent of the DFA. The Aleutian Islands (AI) AI directed pollock fishery allocation to the Aleut Corporation remains after subtraction for the CDQ DFA--10 percent and the ICA--1,800 mt. 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 28 percent of the annual DFA is not taken inside the SCA before April 1, the remainder is available to be taken inside the SCA after April 1. \3\ Under 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\ Under 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\ Under Sec. 679.20(a)(5)(i)(A)(6) NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the pollock DFAs. \6\ Under Sec. 679.20(a)(5)(i)(A)(7) NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the pollock DFAs. \7\ The Bogoslof District is closed by the proposed 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 TAC
Under 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 proposes that 1 percent of the Atka mackerel ITAC in the Eastern Aleutian District and the Bering Sea subarea be allocated to jig gear in 2006 and 2007. Based on the 2006 ITAC of 6,375 mt, the jig gear allocation is 64 mt for 2006. Based on the 2007 ITAC of 9,189 mt, the jig gear allocation is 92 mt for 2007.
Regulations at Sec. 679.20(a)(8)(ii)(A) apportion the Atka mackerel ITAC into two equal seasonal allowances. After subtraction of the jig gear allocation, the first 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) (Table 3).
Under Sec. 679.20(a)(8)(ii)(C)(1), the Regional Administrator establishes a harvest limit area (HLA) limit of no more than 60 percent of the seasonal TAC for the Western and Central Aleutian Districts. A lottery system is used for the HLA Atka mackerel directed fisheries to reduce the amount of daily catch in the HLA by about half and to disperse the fishery over two districts (see Sec. 679.20(a)(8)(iii)).
Table 3.--2006 and 2007 Proposed Seasonal and Spatial Allowances, Gear Shares, and CDQ Reserve of the BSAI ATKA Mackerel TAC \1\ [Amounts are in metric tons]
2006 Seasonal allowances \2\
2006 CDQ 2006 CDQ
A season \3\
B season \3\ Subarea and component
2006 TAC reserve reserve HLA 2006 ITAC --------------------------------------------------- B limit \4\
HLA limit
HLA limit season Total
\4\
Total
\4\
\3\
-------- Western AI District....................... 20,000
1,500
900 17,000
8,500
5,100
8,500
5,100 Central AI District....................... 35,500
2,663
1,598 30,175 15,088
9,053 15,088
9,053 EAI/BS subarea \5\........................
7,500
563
n/a
6,375
n/a
n/a
n/a
n/a Jig (1%) \6\..............................
n/a
n/a
n/a
64
n/a
n/a
n/a
n/a Other gear (99%)..........................
n/a
n/a
n/a
6,311
3,156
n/a
3,156
n/a
Total................................. 63,000
4,725
n/a 53,550 26,743
n/a 26,743
n/a
[[Page 74729]]
Seasonal allowances \2\
2007 CDQ 2007 CDQ
A season \3\
B season \3\ Subarea and component
2007 TAC reserve reserve HLA 2007 ITAC --------------------------------------------------- B limit \4\
HLA limit
HLA limit season Total
\4\
Total
\4\
\3\
-------- Western AI District....................... 28,825
2,162
1,297 24,501 12,251
7,350 12,251
7,350 Central AI District....................... 51,165
3,837
2,302 43,490 21,745 13,047 21,745 13,047 EAI/BS subarea \5\........................ 10,810
811
n/a
9,189
n/a
n/a
n/a
n/a Jig (1%) \6\..............................
n/a
n/a
n/a
92
n/a
n/a
n/a
n/a Other gear (99%)..........................
n/a
n/a
n/a
9,097
4,549
n/a
4,548
n/a
Total................................. 90,800
6,810
n/a 77,180 38,544
n/a 38,544
n/a
\1\ Regulations at Sec. Sec. 679.20(a)(8)(ii) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery. \2\ The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season. \3\ The A season is January 1 (January 20 for trawl gear) to April 15 and the B season is September 1 to November 1. \4\ 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 2006 and 2007, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts. \5\ Eastern Aleutian District and the Bering Sea subarea. \6\ Regulations at Sec. 679.20(a)(8)(i) require that up to 2 percent of the Eastern Aleutian District and the Bering Sea subarea ITAC be allocated to jig gear. The proposed amount of this allocation is 1 percent. The jig gear allocation is not apportioned by season.
Allocation of the Pacific Cod TAC
Under Sec. 679.20(a)(7)(i)(A), 2 percent of the Pacific cod ITAC is allocated to vessels using jig gear, 51 percent to vessels using hook-and-line or pot gear, and 47 percent to vessels using trawl gear. Under regulations at Sec. 679.20(a)(7)(i)(B), the portion of the Pacific cod ITAC allocated to trawl gear is further allocated 50 percent to catcher vessels and 50 percent to catcher/processors. Under regulations at Sec. 679.20(a)(7)(i)(C)(1), a portion of the Pacific cod ITAC allocated to hook-and-line or pot gear is set aside as an ICA of Pacific cod in directed fisheries for groundfish using these gear types. Based on anticipated incidental catch in these fisheries, the Regional Administrator proposes an ICA of 500 mt. The remainder of Pacific cod is further allocated to vessels using hook-and-line or pot gear as the following DFAs: 80 percent to hook-and-line catcher/ processors, 0.3 percent to hook-and-line catcher vessels, 3.3 percent to pot catcher processors, 15 percent to pot catcher vessels, and 1.4 percent to catcher vessels under 60 feet (18.3 m) length overall (LOA) using hook-and-line or pot gear.
Due to concerns about the potential impact of the Pacific cod fishery on Steller sea lions and their critical habitat, the apportionment of the ITAC disperses the Pacific cod fisheries into seasonal allowances (see Sec. Sec. 679.20(a)(7)(iii)(A) and 679.23(e)(5)). For pot and most hook-and-line gear, the first seasonal allowance of 60 percent of the ITAC is made available for directed fishing from January 1 to June 10, and the second seasonal allowance of 40 percent of the ITAC is made available from June 10 (September 1 for pot gear) to December 31. No seasonal harvest constraints are imposed on the Pacific cod fishery by catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear. For trawl gear, the first season is January 20 to April 1 and is allocated 60 percent of the ITAC. The second season, April 1 to June 10, and the third season, June 10 to November 1, are each allocated 20 percent of the ITAC. The trawl catcher vessel allocation is further allocated as 70 percent in the first season, 10 percent in the second season, and 20 percent in the third season. The trawl catcher/processor allocation is allocated 50 percent in the first season, 30 percent in the second season, and 20 percent in the third season. For jig gear, the first and third seasonal allowances are each allocated 40 percent of the ITAC and the second seasonal allowance is allocated 20 percent of the ITAC. Table 4 lists the 2006 and 2007 proposed allocations and seasonal apportionments of the Pacific cod ITAC. In accordance with Sec. 679.20(a)(7)(ii)(D) and (a)(7)(iii)(B), any unused portion of a seasonal Pacific cod allowance will become available at the beginning of the next seasonal allowance.
[[Page 74730]]
Table 4.--2006 and 2007 Proposed Gear Shares and Seasonal Allowances of the BSAI Pacific Cod ITAC [Amounts are in metric tons]
2006
2006 Seasonal apportionment \1\
2007
2007 Seasonal apportionment \1\ 2006 Share Subtotal 2006 Share ----------------------------------- 2007 Share Subtotal 2007 Share ---------------------------------- Gear sector
Percent of gear percentages of gear 2006 Share of gear sector total of gear percentages of gear sector for gear sector ----------------------------------- sector for gear sector
Date
Amount total sectors total
Date
Amount total sectors total
Total hook-and-line/pot gear......
51 84,533
n/a
n/a n/a.................
n/a 87,822
n/a
n/a n/a.................
n/a Hook-and-line/pot ICA............. n/a
n/a
n/a
500 n/a.................
n/a
n/a
n/a
500 n/a.................
n/a Hook-and-line/pot subtotal........ n/a 84,033
n/a
n/a n/a.................
n/a 87,322
n/a
n/a n/a.................
n/a Hook-and-line C/P................. n/a
n/a
80 67,226 Jan 1-Jun 10........ 40,336
n/a
80 69,858 Jan 1-Jun 10........ 41,915 Jun 10-Dec 31....... 26,890
Jun 10-Dec 31....... 27,943 Hook-and-line CV.................. n/a
n/a
0.3
252 Jan 1-Jun 10........
151
n/a
0.3
262 Jan 1-Jun 10........
157 Jun 10-Dec 31.......
101
Jun 10-Dec 31.......
105 Pot C/P........................... n/a
n/a
3.3
2,773 Jan 1-Jun 10........
1,664
n/a
3.3
2,882 Jan 1-Jun 10........
1,729 Sept 1-Dec 31.......
1,109
Sept 1-Dec 31.......
1,153 Pot CV............................ n/a
n/a
15 12,605 Jan 1-Jun 10........
7,563
n/a
15 13,098 Jan 1-Jun 10........
7,859 Sept 1-Dec 31.......
5,042
Sept 1-Dec 31.......
5,239 CV 99 ft......................................
n/a
155,400
n/a
n/a
127,767
n/a
Vessels ABC, \1/2\ maxFABC, the recent 5 year average F, and zero. Only one of these alternatives, setting TACs to produce fishing rates of maxFABC, would potentially have a smaller adverse impact on small entities than the preferred alternative. This alternative is associated with larger gross revenues for the BSAI fisheries in 2006, but with similar gross revenues in 2007. Many of the vessels identified above would share in these gross revenues. However, the maxFABCis a fishing rate that may, and often does, exceed ABCs recommended by stock assessment scientists on the basis of circumstances unique to each species. The increases in TACs related to producing fishing rates of maxFABCwould not be consistent with biologically prudent fishery
[[Page 74739]]
management because they do not fall within the scientifically determined ABC. Moreover, in 2006, the sum of the TACs contemplated under Alternative 1 would also exceed the statutorily mandated two million mt optimum yield for the BSAI (it would exceed this by only a small amount in 2007).
A copy of the IRFA is available from NMFS (see ADDRESSES).
This regulation does not impose new recordkeeping or reporting requirements on the regulated small entities. This analysis did not reveal any Federal rules that duplicate, overlap, or conflict with the proposed action.
Authority: 16 U.S.C. 773 et seq.; 1540(f); 1801 et seq.; 1851 note; and 3631 et seq.
Dated: December 12, 2005. James W. Balsiger, Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.
[FR Doc. 05-24168 Filed 12-15-05; 8:45 am]
BILLING CODE 3510-22-P
