Fisheries of the Exclusive Economic Zone Off Alaska, Bering Sea and Aleutian Islands:
Federal Register: March 1, 2011 (Volume 76, Number 40)
Rules and Regulations
Page 11139-11161
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr01mr11-10
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 679
Docket No. 101126521-0640-02
RIN 0648-XZ90
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; Final 2011 and 2012 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 2011 and 2012 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 2011 and 2012 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 1, 2011, through 2400 hrs, A.l.t., December 31, 2012.
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, the Final
Regulatory Flexibility Analysis (FRFA), and Supplemental FRFA prepared for this action are available from http://alaskafisheries.noaa.gov. The final 2010 Stock Assessment and Fishery Evaluation (SAFE) report for the groundfish resources of the BSAI, dated November 2010, is available from the North Pacific Fishery Management Council (Council) at 605 West 4th Avenue, Suite 306, Anchorage, AK 99510-2252, phone 907-271-2809, or from the Council's Web site at http://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
Page 11140
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; 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 2,000,000 mt for 2011 and is 2,000,000 mt for 2012.
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 2011 and 2012 harvest specifications and
PSC allowances for the groundfish fishery of the BSAI were published in the Federal Register on December 8, 2010 (75 FR 76372). Comments were invited and accepted through January 7, 2011. NMFS received 9 letters with 4 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 2011 and 2012 harvest specifications during the December 2010 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 2011 and 2012 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 2010, 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 2010
SAFE report for the BSAI groundfish fisheries, dated November 2010. 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 was made available for public review upon notification of the proposed harvest specifications. The 2010 SAFE report continues to be available for public review (see ADDRESSES). From these data and analyses, the Plan Team estimated an OFL and ABC for each species or species category.
In December 2010, 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 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 2011 and 2012 TAC recommendations. As required by annual catch limit rules (FR 74 3178, January 16, 2009), none of the Council's recommended TACs for 2011 or 2012 exceeds the final 2011 or 2012 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 2010
SAFE report that was approved by the Council.
Other Actions Potentially Affecting the 2011 and 2012 Harvest
Specifications
NMFS intends to develop a single database that stock assessment authors can access through a single source such as the Alaska Fisheries
Information Network. The development of this database will require the cooperation of several agencies, including NMFS, the Alaska Department of Fish and Game, and the International Pacific Halibut Commission
(IPHC). At its October 2010 meeting, the Council's groundfish Plan
Teams recommended the formation of a total catch accounting working group to assist NMFS in developing a methodology to estimate total catch of groundfish. While much of the information is currently available and will be incorporated into the final 2010 SAFE reports, the development of an adequate methodology is ongoing and not fully ready for use in the final SAFE reports. NMFS intends to have the information available for the assessment cycle in the fall of 2011.
The Council is currently considering an action to modify the non-
Chinook salmon management measures to minimize non-Chinook salmon bycatch. This potential action could impose cap threshold limits, sector specific allocations, and area specific closures for BSAI groundfish closures. This action is not expected to be in place by the 2012 fishing year.
The Council has approved a new program to replace the Gulf of
Alaska Rockfish Pilot Program (Rockfish Program), which is scheduled to expire on December 31, 2011. NMFS is currently developing regulations to implement this program. The new rockfish program could alter BSAI groundfish sideboards for vessels participating in the Rockfish
Program. This new program is expected to be in place for the 2012 fishing year.
In 2010, NMFS Alaska Region completed a Section 7 formal consultation on the effects of the authorization of the Alaska groundfish fisheries on Endangered Species Act listed species under
NMFS jurisdiction. The consultation resulted in a biological opinion that determined that the effects of the Alaska groundfish fisheries were likely to jeopardize the continued existence of, and adversely modify designated critical habitat for, the western distinct population segment of Steller sea lions. The biological opinion included a reasonable and prudent alternative (RPA) that requires changes to the
BSAI Atka mackerel and Aleutian Islands subarea Pacific cod fisheries to prevent the likelihood of jeopardy of extinction or adverse modification of
Page 11141
critical habitat for Steller sea lions. Separate rulemaking for implementation of the RPA became effective January 1, 2011 (FR 75 77535, December 13, 2010; and 75 FR 81921, December 29, 2010). Changes to the Atka mackerel and Pacific cod harvest specifications that are required by the rule implementing the RPA are described in the section for each of these target species. The proposed harvest specifications notified the public of possible changes to the harvest specification limits.
At the October 2010 meeting, the Council and the Scientific and
Statistical Committee (SSC) recommended separating Kamchatka flounder from the arrowtooth flounder complex starting in the year 2011. As a result, arrowtooth flounder and Kamchatka flounder have separate OFLs,
ABCs, and TACs for 2011 and 2012. In the proposed 2011 and 2012 harvest specifications NMFS requested public comment on the proposal to allocate 10.7 percent of the Kamchatka flounder TAC to the CDQ Program.
Six comments were received, and NMFS has determined to not allocate
Kamchatka flounder to the six CDQ groups in 2011. See the Response to
Comments section below.
Changes From the Proposed 2010 and 2011 Harvest Specifications in the
BSAI
In October 2010, the Council made its recommendations for the proposed 2011 and 2012 harvest specifications (75 FR 76372, December 8, 2010), based largely on information contained in the 2009 SAFE report for the BSAI groundfish fisheries. Through the proposed harvest specifications, NMFS notified the public that these harvest specifications were subject to change and that the Council would consider information contained in the 2010 SAFE report, recommendations from the SSC, Plan Team, and AP committees, and public testimony when making its recommendations for final harvest specification levels at the December Council meeting. NMFS further notified the public that, as required by the BSAI Groundfish FMP and its implementing regulations, the sum of the TACs must be within the optimum yield range of 1.4 and 2.0 million metric tons.
Information contained in the 2010 SAFE reports indicates an increase in biomass for several groundfish species. At the December
Council meeting, the SSC recommended increasing the ABCs for many species in 2011 and 2012 based on the best and most recent information contained in the 2010 SAFE reports. This increase resulted in an ABC sum total that exceeds 2 million metric tons for both 2011 and 2012.
Based on the SSC ABC recommendations and the 2010 SAFE reports, the AP recommended raising the TACs for more economically valuable species that have increasing biomasses such as pollock, Pacific cod, Pacific ocean perch, and Atka mackerel in the Eastern Aleutian Islands and
Bering Sea subarea. Because these increases caused the sum of the TACs to exceed the 2 million metric ton limit, section 3.2.3.4 of the BSAI
FMP required that the TACs be adjusted. The AP recommended a downward adjustment of TACs for several species that are not part of the directed fishery and that are easily avoided, such as octopuses, sculpins, sharks, skates, squid, and Alaska plaice. After receiving testimony from the Amendment 80 cooperatives, the AP recommended a reduction in Amendment 80 flatfish species TACs and arrowtooth flounder
TAC to levels that the Amendment 80 fleet believed they could harvest given their PSC constraints. The Council accepted the SSC and AP recommendations.
The changes to TAC between the proposed and final harvest specifications are based on the most recent scientific and economic information and are consistent with the FMP and regulatory obligations and harvest strategy as described in the proposed harvest specifications. These changes are compared in the following table.
Table 1 lists the Council's recommended final 2011 and 2012 OFL,
ABC, TAC, initial TAC (ITAC) and CDQ reserve amounts of the BSAI groundfish. NMFS concurs with these recommendations. The final 2011 and 2012 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. The apportionment of TAC amounts among fisheries and seasons is discussed below.
Comparison of Final 2011 and 2012 With Proposed 2011 and 2012 Total Allowable Catch in the BSAI
Amounts are in metric tons
2011
2012 2011 final
2011
difference 2012 final
2012
difference
Species
Area \1\
TAC
proposed TAC
from
TAC
proposed TAC
from proposed
proposed
Pollock................................. BS........................
1,252,000
1,107,000
145,000
1,253,658
1,105,000
148,658
AI........................
19,000
19,000
0
19,000
19,000
0
Bogoslof..................
150
75
75
150
75
75
Pacific cod............................. BSAI......................
227,950
207,580
20,370
229,608
207,580
22,028
Sablefish............................... BS........................
2,850
2,500
350
2,610
2,500
110
AI........................
1,900
1,860
40
1,740
1,860
-120
Atka mackerel........................... EAI/BS....................
40,300
20,900
19,400
36,800
20,900
15,900
CAI.......................
11,280
26,000
-14,720
10,293
26,000
-15,707
WAI.......................
1,500
18,100
-16,600
1,500
18,100
-16,600
Yellowfin sole.......................... BSAI......................
196,000
213,000
-17,000
197,660
213,000
-15,340
Rock sole............................... BSAI......................
85,000
90,000
-5,000
85,000
90,000
-5,000
Greenland turbot........................ BS........................
3,500
3,700
-200
3,500
3,700
-200
AI........................
1,550
1,670
-120
1,450
1,670
-220
Arrowtooth flounder..................... BSAI......................
25,900
60,000
-34,100
25,900
60,000
-34,100
Kamchatka flounder...................... BSAI......................
17,700
17,700
0
17,700
17,700
0
Flathead sole........................... BSAI......................
41,548
60,000
-18,452
41,548
60,000
-18,452
Other flatfish.......................... BSAI......................
3,000
17,300
-14,300
3,000
17,300
-14,300
Alaska plaice........................... BSAI......................
16,000
40,000
-24,000
16,000
40,000
-24,000
Pacific ocean perch..................... BS........................
5,710
3,790
1,920
5,710
3,790
1,920
EAI.......................
5,660
4,180
1,480
5,660
4,180
1,480
CAI.......................
4,960
4,230
730
4,960
4,230
730
WAI.......................
8,370
6,480
1,890
8,370
6,480
1,890
Page 11142
Northern rockfish....................... BSAI......................
4,000
7,290
-3,290
4,000
7,290
-3,290
Shortraker rockfish..................... BSAI......................
393
387
6
393
387
6
Rougheye rockfish \2\................... BS/EAI....................
234
42
192
240
42
198
CAI/WAI...................
220
489
-269
225
489
-264
Other rockfish.......................... BS........................
500
485
15
500
485
15
AI........................
500
555
-55
500
555
-55
Squid................................... BSAI......................
425
1,970
-1,545
425
1,970
-1,545
Skates.................................. BSAI......................
16,500
30,000
-13,500
16,500
30,000
-13,500
Sharks.................................. BSAI......................
50
449
-399
50
449
-399
Octopuses............................... BSAI......................
150
233
-83
150
233
-83
Sculpins................................ BSAI......................
5,200
30,035
-24,835
5,200
30,035
-24,835
Total............................... BSAI......................
2,000,000
1,997,000
3,000
2,000,000
1,995,000
5,000
\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).
\2\ The proposed rule split rougheye rockfish TACs by the Aleutian Islands, and the Bering Sea. The final rule splits rougheye rockfish by the Bering
Sea and Eastern Aleutians District, and the Central Aleutian District and Western Aleutian District.
Page 11143
Table 1--Final 2011 and 2012 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
2011
2012
Species
Area
OFL
ABC
TAC
ITAC \2\
CDQ \3\
OFL
ABC
TAC
ITAC \2\
CDQ \3\
Pollock \3\..................... BS \2\............
2,450,000
1,270,000
1,252,000
1,126,800
125,200
3,170,000
1,600,000
1,253,658
1,128,292
125,366
AI \2\............
44,500
36,700
19,000
17,100
1,900
50,400
41,600
19,000
17,100
1,900
Bogoslof..........
22,000
156
150
150
0
22,000
156
150
150
0
Pacific cod 4, 5................ BSAI..............
272,000
235,000
227,950
203,559
24,391
329,000
281,000
229,608
205,040
24,568
Sablefish \5\................... BS................
3,360
2,850
2,850
2,351
392
3,080
2,610
2,610
1,109
98
AI................
2,250
1,900
1,900
1,544
321
2,060
1,740
1,740
370
33
Atka mackerel \5\............... BSAI..............
101,000
85,300
53,080
47,400
5,680
92,200
77,900
48,593
43,394
5,199
EAI/BS............
n/a
40,300
40,300
35,988
4,312
n/a
36,800
36,800
32,862
3,938
CAI...............
n/a
24,000
11,280
10,073
1,207
n/a
21,900
10,293
9,192
1,101
WAI...............
n/a
21,000
1,500
1,340
161
n/a
19,200
1,500
1,340
161
Yellowfin sole \5\.............. BSAI..............
262,000
239,000
196,000
175,028
20,972
266,000
242,000
197,660
176,510
21,150
Rock sole 5, 6.................. BSAI..............
248,000
224,000
85,000
75,905
9,095
243,000
219,000
85,000
75,905
9,095
Greenland turbot \5\............ BSAI..............
7,220
6,140
5,050
4,293
n/a
6,760
5,750
4,950
4,208
n/a
BS................
n/a
4,590
3,500
2,975
375
n/a
4,300
3,500
2,975
375
AI................
n/a
1,550
1,550
1,318
0
n/a
1,450
1,450
1,233
0
Arrowtooth flounder \5\......... BSAI..............
186,000
153,000
25,900
22,015
2,771
191,000
157,000
25,900
22,015
2,771
Kamchatka flounder.............. BSAI..............
23,600
17,700
17,700
15,045
0
23,600
17,700
17,700
15,045
0
Flathead sole 5, 7.............. BSAI..............
83,300
69,300
41,548
37,102
4,446
82,100
68,300
41,548
37,102
4,446
Other flatfish \8\.............. BSAI..............
19,500
14,500
3,000
2,550
0
19,500
14,500
3,000
2,550
0
Alaska plaice................... BSAI..............
79,100
65,100
16,000
13,600
0
83,800
69,100
16,000
13,600
0
Pacific ocean perch \5\......... BSAI..............
36,300
24,700
24,700
21,812
n/a
34,300
24,700
24,700
21,812
n/a
BS................
n/a
5,710
5,710
4,854
0
n/a
5,710
5,710
4,854
0
EAI...............
n/a
5,660
5,660
5,054
606
n/a
5,660
5,660
5,054
606
CAI...............
n/a
4,960
4,960
4,429
531
n/a
4,960
4,960
4,429
531
WAI...............
n/a
8,370
8,370
7,474
896
n/a
8,370
8,370
7,474
896
Northern rockfish............... BSAI..............
10,600
8,670
4,000
3,400
0
10,400
8,330
4,000
3,400
0
Shortraker rockfish............. BSAI..............
524
393
393
334
0
524
393
393
334
0
Rougheye rockfish \9\........... BSAI..............
549
454
454
386
0
563
465
465
395
0
EBS/EAI...........
n/a
234
234
199
0
n/a
240
240
204
0
CAI/WAI...........
n/a
220
220
187
0
n/a
225
225
191
0
Other rockfish \10\............. BSAI..............
1,700
1,280
1,000
850
0
1,700
1,280
1,000
850
0
BS................
n/a
710
500
425
0
n/a
710
500
425
0
AI................
n/a
570
500
425
0
n/a
570
500
425
0
Squids.......................... BSAI..............
2,620
1,970
425
361
0
2,620
1,970
425
361
0
Skates.......................... BSAI..............
37,800
31,500
16,500
14,025
0
37,200
31,000
16,500
14,025
0
Sharks.......................... BSAI..............
1,360
1,020
50
43
0
1,360
1,020
50
43
0
Octopuses....................... BSAI..............
528
396
150
128
0
528
396
150
128
0
Sculpins........................ BSAI..............
58,300
43,700
5,200
4,420
0
58,300
43,700
5,200
4,420
0
Total....................... ..................
3,954,111
2,534,729
2,000,000
1,790,200
199,467
4,731,995
2,911,610
2,000,000
1,788,157
198,926
\1\ These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these harvest specifications, the Bering Sea (BS) subarea includes the Bogoslof District.
\2\ Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and Amendment 80 species, 15 percent of each TAC is put into a reserve. The ITAC for these species is the remainder of the TAC after the subtraction of these reserves.
\3\ Under Sec. 679.20(a)(5)(i)(A)(1), the annual Bering Sea subarea pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (3.0 percent), is further allocated by sector for a directed pollock fishery as follows: Inshore--50 percent; catcher/processor--40 percent; and motherships--10 percent.
Under Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual Aleutian Islands subarea pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (1,600 mt), is allocated to the Aleut Corporation for a directed pollock fishery.
\4\ The Pacific cod TAC is reduced by three percent from the ABC to account for the State guideline harvest level in State waters of the Aleutian Islands subarea.
\5\ For the Amendment 80 species (Atka mackerel, Aleutian Islands Pacific ocean perch, yellowfin sole, rock sole, flathead sole, and Pacific cod), 10.7 percent of the TAC is reserved for use by CDQ participants (see Sec. Sec. 679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish TAC allocated to hook-and-line gear or pot gear, 7.5 percent of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for Bering Sea Greenland turbot and arrowtooth flounder are reserved for use by CDQ participants (see Sec. 679.20(b)(1)(ii)(B) and
(D)). Aleutian Islands Greenland turbot, ``other flatfish'', Alaska plaice, Bering Sea Pacific ocean perch, northern rockfish, shortraker rockfish, rougheye rockfish, ``other rockfish'', octopuses, sculpins, sharks, skates, and squid are not allocated to the CDQ program.
\6\ ``Rock sole'' includes Lepidopsetta polyxystra (Northern rock sole) and Lepidopsetta bilineata (Southern rock sole).
\7\ ``Flathead sole'' includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
\8\ ``Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
\9\ ``Rougheye rockfish'' includes Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted).
\10\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, northern, shortraker, and rougheye rockfish.
Page 11144
Groundfish 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, 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 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.
Pursuant to Sec. 679.20(a)(5)(i)(A)(1), NMFS allocates a pollock
ICA of 3 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 2010.
During this 12-year period, the pollock incidental catch ranged from a low of 2.4 percent in 2006 to a high of 5 percent in 1999, with a 12- year average of 3 percent. Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS establishes a pollock ICA of 1,600 mt 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 2010. During this 8-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 an 8-year average of 7 percent.
Pursuant to Sec. 679.20(a)(8) and (10), NMFS allocates ICAs of 5,000 mt of flathead sole, 5,000 mt of rock sole, 2,000 mt of yellowfin sole, 10 mt of Western Aleutian District Pacific (WAI) ocean perch, 75 mt of Central Aleutian District (CAI) Pacific ocean perch, 100 mt of
Eastern Aleutian District (EAI) Pacific ocean perch, 40 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 2010.
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 category during the year, providing that such apportionments do not result in overfishing (see Sec. 679.20(b)(1)(i)). The Regional Administrator has determined that the
ITACs specified for the species listed in Table 2 need to be supplemented from the non-specified reserve because U.S. fishing vessels have demonstrated the capacity to catch the full TAC allocations. Therefore, in accordance with Sec. 679.20(b)(3), NMFS is apportioning the amounts shown in Table 2 from the non-specified reserve to increase the ITAC for northern rockfish, shortraker rockfish, rougheye rockfish, and Bering Sea ``other rockfish'' by 15 percent of the TAC in 2011 and 2012.
Table 2--Final 2011 and 2012 Apportionment of Reserves to ITAC Categories
Amounts are in metric tons
2011
2012
Species-area or subarea
2011 ITAC
reserve
2011 final 2012 ITAC
reserve 2012 final amount
ITAC
amount
ITAC
Shortraker rockfish-BSAI..........
334
59
393
334
59
393
Rougheye rockfish-EBS/EAI.........
199
35
234
204
36
240
Rougheye rockfish-CAI/WAI.........
187
33
220
191
34
225
Northern rockfish-BSAI............
3,400
600
4,000
3,400
600
4,000
Other rockfish--Bering Sea subarea
425
75
500
425
75
500
Total.........................
4,545
802
5,347
4,554
804
5,358
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 3 percent for the ICA, be allocated as a DFA as follows: 50 percent to the inshore sector, 40 percent to the catcher/ processor (C/P) 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) (Sec. 679.20(a)(5)(i)(A)). 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 (Sec. 679.20(a)(5)(iii)(B)(2)(ii)). 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 2011 and 2012 amounts.
Section 679.20(a)(5)(i)(A)(4) also includes several specific requirements regarding BS subarea pollock allocations. First, 8.5 percent of the pollock allocated to the C/P sector will be available for harvest by AFA catcher vessels (CVs) with C/P sector endorsements, unless the Regional Administrator receives a cooperative contract that provides for the distribution of harvest among AFA C/Ps and AFA CVs in a manner agreed to by all members. Second, AFA C/Ps not listed in the
AFA are limited to harvesting not more than 0.5 percent of the pollock allocated to the C/P sector. Table 3 lists the 2011 and 2012 allocations of pollock TAC. Tables 11 through 16 list the AFA C/P and
CV harvesting sideboard limits. The tables
Page 11145
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://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 as provided in Sec. 679.22(a)(5)(i)(C). 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 2011 and 2012 amounts by sector.
Table 3--Final 2011 and 2012 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ Directed Fishing Allowances (DFA)\1\
Amounts are in metric tons
2011 A season \1\
2011 B
2012 A season \1\
2012 B 2011
---------------------------- season \1\
2012
---------------------------- season \1\
Area and sector
Allocations
SCA harvest -------------- Allocations
SCA harvest -------------
A season DFA limit \2\ B season DFA
A season DFA limit \2\ B season DFA
Bering Sea subarea......................
1,252,000
n/a
n/a
n/a
1,253,658
n/a
n/a
n/a
CDQ DFA.............................
125,200
50,080
35,056
75,120
125,366
50,146
35,102
75,219
ICA \1\.............................
33,804
n/a
n/a
n/a
33,849
n/a
n/a
n/a
AFA Inshore.........................
546,498
218,599
153,019
327,899
547,222
218,889
153,222
328,333
AFA Catcher/Processors \3\..........
437,198
174,879
122,416
262,319
437,777
175,111
122,578
262,666
Catch by C/Ps...................
400,037
160,015
n/a
240,022
400,566
160,227
n/a
240,340
Catch by CVs \3\................
37,162
14,865
n/a
22,297
37,211
14,884
n/a
22,327
Unlisted C/P Limit \4\......
2,186
874
n/a
1,312
2,189
876
n/a
1,313
AFA Motherships.....................
109,300
43,720
30,604
65,580
109,444
43,778
30,644
65,667
Excessive Harvesting Limit \5\......
191,274
n/a
n/a
n/a
191,528
n/a
n/a
n/a
Excessive Processing Limit \6\......
327,899
n/a
n/a
n/a
328,333
n/a
n/a
n/a
Total Bering Sea DFA....................
1,092,996
437,198
306,039
655,798
1,094,443
437,777
306,444
656,666
Aleutian Islands subarea \1\............
19,000
n/a
n/a
n/a
19,000
n/a
n/a
n/a
CDQ DFA.............................
1,900
760
n/a
1,140
1,900
760
n/a
1,140
ICA.................................
1,600
800
n/a
800
1,600
800
n/a
800
Aleut Corporation...................
15,500
15,500
n/a
0
15,500
15,500
n/a
0
Bogoslof District ICA \7\...............
150
n/a
n/a
n/a
150
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 (3 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 April 1. The remaining 12 percent of the annual DFA allocated to the A season may be taken outside of SCA before April 1 or inside the SCA after April 1. If less than 28 percent of the annual
DFA is taken inside the SCA before April 1, the remainder will be available to be taken inside the SCA after April 1.
\3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed C/Ps shall be available for harvest only by eligible catcher vessels delivering to listed C/Ps.
\4\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted C/Ps are limited to harvesting not more than 0.5 percent of the C/Ps 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.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Allocation of the Atka Mackerel TACs
Section 679.20(a)(8) 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 process for allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is listed 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 subarea Atka mackerel ITAC may be allocated to jig gear.
The amount of this allocation is determined annually by the Council based on several criteria, including the anticipated harvest capacity of the jig gear fleet. The Council recommended, and NMFS approves, a 0.5 percent allocation of the Atka mackerel ITAC in the EAI and BS subarea to the jig gear in 2011 and 2012. This percentage is applied after subtraction of the CDQ reserve and the ICA.
The RPA implemented on January 1, 2011, (FR 75 77535, December 13, 2010, and 75 FR 81921, December 29, 2010), requires that NMFS make several changes from the proposed to the final harvest specifications for BSAI Atka mackerel. The platoon management of Atka mackerel harvest inside the harvest limit area is no longer needed because the RPA prohibits all retention of Atka mackerel in Area 543 and requires that nearly all directed fishing for Atka mackerel in waters 0 nm to 20 nm around Steller sea lion sites in Area 542. The harvest limit area limits that were in the proposed harvest specification therefore have been removed from the final harvest specifications in Areas 542 and 543. The TACs in these two areas, which were set to ABC, decreased from the proposed amounts. In area 543, the final amount is set to account for discards in other fisheries since the RPA at Sec. 679.7(a)(19) prohibits retention in Area 543. Also the final Area 542 TAC decreased from the proposed TAC since the RPA at Sec. 679.20(a)(8)(ii)(C)(3) limits the annual TAC for this area to no more than 47 percent of the
Area 542 ABC.
Section 679.20(a)(8)(ii)(A) apportions the Atka mackerel ITAC into two equal seasonal allowances. The RPA changed the end of the A season and start of the B season dates at Sec. 679.23(e)(3). The first
Page 11146
seasonal allowance is made available for directed fishing with trawl gear from January 20 to June 10 (A season), and the second seasonal allowance is made available from June to November 1 (B season). Also,
Sec. 679.23(e)(4)(iii) the RPA applies Atka mackerel seasons to CDQ
Atka mackerel fishing. The jig gear allocation is not apportioned by season.
Section 679.20(a)(8)(ii)(C)(ii)(2) requires the Amendment 80 cooperatives and CDQ groups to limit harvest to 10 percent of their
Central Aleutian District Atka mackerel allocation equally divided between the A and B seasons within waters 10 nm to 20 nm of Gramp Rock and Tag Island, as described on Table 12 to part 679. Vessels not fishing under the authority of an Amendment 80 cooperative quota or CDQ allocation are prohibited from conducting directed fishing for Atka mackerel inside Steller sea lion critical habitat in the Central
Aleutian District.
Table 4 lists these 2011 and 2012 Atka mackerel season and area allowances, as well as the sector allocations. The 2012 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, 2011.
Table 4--Final 2011 and 2012 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
2011 allocation by area
2012 allocation by area
Eastern
Central
Eastern
Central
Sector \1\
Season 2, 3, 4
Aleutian
Aleutian
Western
Aleutian
Aleutian
Western
District/
District
Aleutian
District/
District
Aleutian
Bering Sea
\5\
District
Bering Sea
\5\
District
TAC........................................ n/a..........................
40,300
11,280
1,500
36,800
10,293
1,500
CDQ reserve................................ Total........................
4,312
1,207
161
3,938
1,101
161
A............................
2,156
603
80
1,969
551
80
Critical habitat \5\.........
n/a
60
n/a
n/a
55
n/a
B............................
2,156
603
80
1,969
551
80
Critical habitat \5\.........
n/a
60
n/a
n/a
55
n/a
ICA........................................ Total........................
75
75
40
75
75
40
Jig \6\.................................... Total........................
180
0
0
164
0
0
BSAI trawl limited access.................. Total........................
2,859
800
0
3,262
912
0
A............................
1,429
400
0
1,631
456
0
B............................
1,429
400
0
1,631
456
0
Amendment 80 sectors....................... Total........................
32,875
9,198
1,300
29,361
8,205
1,300
A............................
16,437
4,599
650
14,681
4,102
650
B............................
16,437
4,599
650
14,681
4,102
650
Alaska Groundfish Cooperative.............. Total........................
19,181
5,389
755
n/a
n/a
n/a
A............................
9,591
2,695
377
n/a
n/a
n/a
Critical habitat \5\.........
n/a
269
n/a
n/a
n/a
n/a
B............................
9,591
2,695
377
n/a
n/a
n/a
Critical habitat \5\.........
n/a
269
n/a
n/a
n/a
n/a
Alaska Seafood Cooperative................. Total........................
13,694
3,809
545
n/a
n/a
n/a
A............................
6,847
1,904
272
n/a
n/a
n/a
Critical habitat \5\.........
n/a
190
n/a
n/a
n/a
n/a
B............................
6,847
1,904
272
n/a
n/a
n/a
Critical habitat \5\.........
n/a
190
n/a
n/a
n/a
n/a
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtraction of the CDQ reserves, jig gear allocation, and ICAs to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to part 679 and Sec. 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec. Sec. 679.20(b)(1)(ii)(C) and 679.31).
\2\ Sections 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\ Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from January 20 to June 10 and the B season from June 10 to November 1.
\5\ Section 679.20(a)(8)(ii)(C) requires the TAC in area 542 shall be no more than 47% of ABC, and Atka mackerel harvests for Amendment 80 cooperatives and CDQ groups within waters 10 nm to 20 nm of Gramp Rock and Tag Island, as described Table 12 to part 679, in Area 542 are limited to no more than 10 percent of the Amendment 80 cooperative Atka mackerel allocation or 10 percent of the CDQ Atka mackerel allocation.
\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.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
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 C/P; 8.4 percent to pot CVs greater than or equal to 60 ft (18.3 m) LOA; 1.5 percent to pot C/Ps; 2.3 percent to AFA trawl C/Ps; 13.4 percent to non-AFA trawl C/Ps; 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 2011 and 2012, 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 2012 allocations for Pacific cod between Amendment 80 cooperatives and the
Amendment 80 limited access
Page 11147
sector will not be known until November 1, 2011, the date by which the applicants eligible to apply for participation in the Amendment 80 program must file their application. Amendment 80 applications for 2012 have not yet been submitted to NMFS, thereby preventing NMFS from calculating 2012 allocations. NMFS will post 2012 Amendment 80 allocations when they become available in December 2011.
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 2011 and 2012 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).
The RPA implemented on January 1, 2011 (75 FR 77535, December 13, 2010), includes two prohibitions for Pacific cod. Section 679.7(a)(19) prohibits retention of Pacific cod in Area 543 and Sec. 679.7(a)(23) prohibits directed fishing for Pacific cod with hook-and-line, pot, or jig gear in the Aleutian Islands subarea November 1 through December 31.
Table 5a--Final 2011 Gear Shares and Seasonal Allowances of the BSAI Pacific Cod TAC
Amounts are in metric tons
Seasonal apportionment
Gear sector
Percent
Share of gear
Share of
sector total sector total
Dates
Amount
Total TAC.....................
100
227,950
n/a n/a.............
n/a
CDQ...........................
10.7
24,391
n/a see Sec.
n/a 679.20(a)(7)(i)
(B).
Total hook-and-line/pot gear..
60.8
123,764
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
123,264
n/a n/a.............
n/a
Hook-and-line catcher/
48.7
n/a
98,733 Jan 1-Jun 10....
50,354 processor.
.............. .............. .............. Jun 10-Dec 31...
48,379
Hook-and-line catcher vessel
0.2
n/a
405 Jan 1-Jun 10....
207
>= 60 ft LOA.
.............. .............. .............. Jun 10-Dec 31...
199
Pot catcher/processor.........
1.5
n/a
3,041 Jan 1-Jun 10....
1,551
.............. .............. .............. Sept 1-Dec 31...
1,490
Pot catcher vessel >= 60 ft
8.4
n/a
17,030 Jan 1-Jun 10....
8,685
LOA.
.............. .............. .............. Sept 1-Dec 31...
8,345
Catcher vessel = 60 ft LOA.
.............. .............. .............. Jun 10-Dec 31...
200
Pot catcher/processor.........
1.5
n/a
3,063 Jan 1-Jun 10....
1,562
.............. .............. .............. Sept 1-Dec 31...
1,501
Pot catcher vessel >= 60 ft
8.4
n/a
17,154 Jan 1-Jun 10....
8,749
LOA.
.............. .............. .............. Sept 1-Dec 31...
8,406
Catcher vessel
