Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; Final 2012 and 2013 Harvest Specifications for Groundfish
Federal Register, Volume 77 Issue 36 (Thursday, February 23, 2012)
Federal Register Volume 77, Number 36 (Thursday, February 23, 2012)
Rules and Regulations
Pages 10669-10690
From the Federal Register Online via the Government Printing Office www.gpo.gov
FR Doc No: 2012-4106
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
Docket No. 111213751-2102-02
RIN 0648-XA758
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; Final 2012 and 2013 Harvest Specifications for Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; closures.
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SUMMARY: NMFS announces final 2012 and 2013 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 2012 and 2013 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.), February 23, 2012, through 2400 hrs, A.l.t., December 31, 2013.
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 the Final Regulatory Flexibility Analysis (FRFA), prepared for this action are available from http://alaskafisheries.noaa.gov. The final 2011 Stock Assessment and Fishery Evaluation (SAFE) report for the groundfish resources of the BSAI, dated November 2011 and SAFE reports for previous years, are 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, 907-586-7228.
SUPPLEMENTARY INFORMATION: 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 the total allowable catch (TAC) for each target species; the sum TAC for all groundfish species 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)). This final rule specifies the TAC at 2.0 million mt for both 2012 and 2013. 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.
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 2012 and 2013 harvest specifications and PSC allowances for the groundfish fishery of the BSAI were published in the Federal Register on December 27, 2011 (76 FR 80782). Comments were invited and accepted through January 26, 2012. NMFS received 1 letter with 1 comment on the proposed harvest specifications. This comment is summarized and responded to in the ``Response to Comments'' section of this rule. NMFS consulted with the Council on the final 2012 and 2013 harvest specifications during the December 2011 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 2012 and 2013 harvest specifications as recommended by the Council.
Acceptable Biological Catch (ABC) and TAC Harvest Specifications
The final ABC levels for Alaska groundfish 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
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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 1 represents the highest level of information quality available while Tier 6 represents the lowest.
In December 2011, 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 2011 SAFE report for the BSAI groundfish fisheries, dated November 2011. 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. NMFS notified the public and asked for review of the SAFE report in the notice of proposed harvest specifications; the report is still available (see ADDRESSES). From these data and analyses, the Plan Team estimated an OFL and ABC for each species or species category.
In December 2011, 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. As required by annual catch limit rules for all fisheries (74 FR 3178, January 16, 2009), none of the Council's recommended TACs for 2012 or 2013 exceeds the final 2012 or 2013 ABCs for any species category. The final 2012 and 2013 harvest specifications approved by the Secretary of Commerce 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 2011 SAFE report that was approved by the Council.
Other Actions Potentially Affecting the 2012 and 2013 Harvest Specifications
The Council is currently considering implementing management measures in the event that Pacific cod is split from a BSAI-wide fishery into separate OFLs, ABCs, and TACs for the Bering Sea subarea and the Aleutian Island subarea. This split depends on NMFS developing an age-structured model for the Aleutian Islands Pacific cod stock assessment that will be reviewed by the Plan Team and SSC in 2012 or 2013. This split could impact the OFLs, ABCs, and TACs for Pacific cod on Table 1 for 2013.
Changes From the Proposed 2012 and 2013 Harvest Specifications for the BSAI
In October 2011, the Council proposed its recommendations for the 2012 and 2013 harvest specifications (76 FR 80782, December 27, 2011), based largely on information contained in the 2010 SAFE report for the BSAI groundfish fisheries. Through the proposed harvest specifications, NMFS notified the public that these harvest specifications could change, as the Council would consider information contained in the 2011 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 FMP and its implementing regulations, the sum of the TACs must be within the OY range of 1.4 million and 2.0 million mt.
Information contained in the 2011 SAFE reports indicates biomass changes for several groundfish species from the 2010 SAFE reports. At the December 2011 Council meeting, the SSC recommended the ABCs for many species in 2012 and 2013 based on the best and most recent information contained in the 2011 SAFE reports. This recommendation resulted in an ABC sum total for all BSAI groundfish species that exceeds 2 million mt for both 2012 and 2013. Based on the SSC ABC recommendations and the 2011 SAFE reports, the AP recommended raising the TACs for more economically valuable species that have increasing biomasses, such as Pacific cod and Greenland turbot. Conversely, the SSC reduced the OFL and ABC of Bering Sea pollock from the proposed OFL and ABC, and these reductions led to the largest decrease in TAC in terms of tonnage. In terms of percentage change from the proposed TACs, octopuses and sharks had the largest increases in TAC. This is due to model changes for the calculation of octopuses OFL and ABC, and recommendations by the AP and the Council of TACs that are more realistic of incidental harvest of these species in other fisheries. The Bogoslof pollock TAC also had a large percentage increase, because the SSC discontinued the target biomass of 2 million mt and adopted a traditional OFL and ABC estimate under the Tier 5 approach of the FMP. The Council recommended a TAC to account for incidental catch in other fisheries. However, under Sec. 679.22(a)(7)(i)(B), directed fishing for pollock in the Bogoslof area is prohibited, so changes in TAC will have little effect upon fisheries. 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 2012 and 2013 OFL, ABC, TAC, initial TAC (ITAC), and CDQ reserve amounts of the BSAI groundfish. NMFS concurs in these recommendations. The final 2012 and 2013 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 2012 and 2013 With Proposed 2012 and 2013 Total Allowable Catch in the BSAI
Amounts are in metric tons
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2012 2013
Species Area \1\ 2012 final TAC 2012 proposed difference 2013 final TAC 2013 proposed difference
TAC from proposed TAC from proposed
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Pollock............................ BS................. 1,200,000 1,253,658 -53,658 1,201,900 1,253,658 -51,758
AI................. 19,000 19,000 0 19,000 19,000 0
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Bogoslof........... 500 150 350 500 150 350
Pacific cod........................ BSAI............... 261,000 229,608 31,392 262,900 229,608 33,292
Sablefish.......................... BS................. 2,230 2,610 -380 2,200 2,610 -410
AI................. 2,050 1,740 310 2,020 1,740 280
Atka mackerel...................... EAI/BS............. 38,500 36,800 1,700 31,700 36,800 -5,100
CAI................ 10,763 10,293 470 8,883 10,293 -1,410
WAI................ 1,500 1,500 0 1,500 1,500 0
Yellowfin sole..................... BSAI............... 202,000 197,660 4,340 203,900 197,660 6,240
Rock sole.......................... BSAI............... 87,000 85,000 2,000 87,000 85,000 2,000
Greenland turbot................... BS................. 6,230 3,500 2,730 6,010 3,500 2,510
AI................. 2,430 1,450 980 2,020 1,450 570
Arrowtooth flounder................ BSAI............... 25,000 25,900 -900 25,000 25,900 -900
Kamchatka flounder................. BSAI............... 17,700 17,700 0 17,700 17,700 0
Flathead sole...................... BSAI............... 34,134 41,548 -7,414 34,134 41,548 -7,414
Other flatfish..................... BSAI............... 3,200 3,000 200 3,200 3,000 200
Alaska plaice...................... BSAI............... 24,000 16,000 8,000 24,000 16,000 8,000
Pacific ocean perch................ BS................. 5,710 5,710 0 6,540 5,710 830
EAI................ 5,620 5,660 -40 6,440 5,660 780
CAI................ 4,990 4,960 30 5,710 4,960 750
WAI................ 8,380 8,370 10 9,610 8,370 1,240
Northern rockfish.................. BSAI............... 4,700 4,000 700 4,700 4,000 700
Shortraker rockfish................ BSAI............... 393 393 0 393 393 0
Rougheye rockfish.................. BS/EAI............. 231 240 -9 241 240 1
CAI/WAI............ 244 225 19 258 225 33
Other rockfish..................... BS................. 500 500 0 500 500 0
AI................. 570 500 70 570 500 70
Squids............................. BSAI............... 425 425 0 425 425 0
Skates............................. BSAI............... 24,700 16,500 8,200 24,746 16,500 8,246
Sharks............................. BSAI............... 200 50 150 200 50 150
Octopuses.......................... BSAI............... 900 150 750 900 150 750
Sculpins........................... BSAI............... 5,200 5,200 0 5,200 5,200 0
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Total.......................... BSAI............... 2,000,000 2,000,000 0 2,000,000 2,000,000 0
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\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).
Table 1--Final 2012 and 2013 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
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2012 2013
Species Area -----------------------------------------------------------------------------------------------------------------------
OFL ABC TAC ITAC \2\ CDQ \3\ OFL ABC TAC ITAC \2\ CDQ \3\
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Pollock \4\................................ BS......................... 2,474,000 1,220,000 1,200,000 1,080,000 120,000 2,840,000 1,360,000 1,201,900 1,081,710 120,190
AI......................... 39,600 32,500 19,000 17,100 1,900 42,900 35,200 19,000 17,100 1,900
Bogoslof................... 22,000 16,500 500 500 0 22,000 16,500 500 500 0
Pacific cod \5\............................ BSAI....................... 369,000 314,000 261,000 233,073 27,927 374,000 319,000 262,900 234,770 28,130
Sablefish.................................. BS......................... 2,640 2,230 2,230 1,840 307 2,610 2,200 2,200 935 83
AI......................... 2,430 2,050 2,050 1,666 346 2,400 2,020 2,020 429 38
Atka mackerel.............................. BSAI....................... 96,500 81,400 50,763 45,331 5,432 78,300 67,100 42,083 37,580 4,503
EAI/BS..................... n/a 38,500 38,500 34,381 4,120 n/a 31,700 31,700 28,308 3,392
CAI........................ n/a 22,900 10,763 9,611 1,152 n/a 18,900 8,883 7,933 950
WAI........................ n/a 20,000 1,500 1,340 161 n/a 16,500 1,500 1,340 161
Yellowfin sole............................. BSAI....................... 222,000 203,000 202,000 180,386 21,614 226,000 207,000 203,900 182,083 21,817
Rock sole.................................. BSAI....................... 231,000 208,000 87,000 77,691 9,309 217,000 196,000 87,000 77,691 9,309
Greenland turbot........................... BSAI....................... 11,700 9,660 8,660 7,361 n/a 9,700 8,030 8,030 6,826 n/a
BS......................... n/a 7,230 6,230 5,296 667 n/a 6,010 6,010 5,109 643
AI......................... n/a 2,430 2,430 2,066 0 n/a 2,020 2,020 1,717 0
Arrowtooth flounder........................ BSAI....................... 181,000 150,000 25,000 21,250 2,675 186,000 152,000 25,000 21,250 2,675
Kamchatka flounder......................... BSAI....................... 24,800 18,600 17,700 15,045 0 24,800 18,600 17,700 15,045 0
Flathead sole.............................. BSAI....................... 84,500 70,400 34,134 30,482 3,652 83,100 69,200 34,134 30,482 3,652
Other flatfish \6\......................... BSAI....................... 17,100 12,700 3,200 2,720 0 17,100 12,700 3,200 2,720 0
Alaska plaice.............................. BSAI....................... 64,600 53,400 24,000 20,400 0 65,000 54,000 24,000 20,400 0
Pacific ocean perch........................ BSAI....................... 35,000 24,700 24,700 21,812 n/a 33,700 28,300 28,300 24,991 n/a
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BS......................... n/a 5,710 5,710 4,854 0 n/a 6,540 6,540 5,559 0
EAI........................ n/a 5,620 5,620 5,019 601 n/a 6,440 6,440 5,751 689
CAI........................ n/a 4,990 4,990 4,456 534 n/a 5,710 5,710 5,099 611
WAI........................ n/a 8,380 8,380 7,483 897 n/a 9,610 9,610 8,582 1,028
Northern rockfish.......................... BSAI....................... 10,500 8,610 4,700 3,995 0 10,400 8,490 4,700 3,995 0
Shortraker rockfish........................ BSAI....................... 524 393 393 334 0 524 393 393 334 0
Rougheye rockfish.......................... BSAI....................... 576 475 475 404 0 605 499 499 424 0
EBS/EAI.................... n/a 231 231 196 0 n/a 241 241 205 0
CAI/WAI.................... n/a 244 244 207 0 n/a 258 258 219 0
Other rockfish \7\......................... BSAI....................... 1,700 1,280 1,070 910 0 1,700 1,280 1,070 910 0
BS......................... n/a 710 500 425 0 n/a 710 500 425 0
AI......................... n/a 570 570 485 0 n/a 570 570 485 0
Squids..................................... BSAI....................... 2,620 1,970 425 361 0 2,620 1,970 425 361 0
Skates..................................... BSAI....................... 39,100 32,600 24,700 20,995 0 38,300 32,000 24,746 21,034 0
Sharks..................................... BSAI....................... 1,360 1,020 200 170 0 1,360 1,020 200 170 0
Octopuses.................................. BSAI....................... 3,450 2,590 900 765 0 3,450 2,590 900 765 0
Sculpins................................... BSAI....................... 58,300 43,700 5,200 4,420 0 58,300 43,700 5,200 4,420 0
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Total.................................. ........................... 3,996,000 2,511,778 2,000,000 1,789,010 195,860 4,341,869 2,639,792 2,000,000 1,786,924 195,269
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\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\ 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, sculpins, sharks, skates, and octopuses are not allocated to the CDQ program.
\4\ 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.
\5\ 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.
\6\ ``Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), flathead sole, Greenland turbot, rock sole, yellowfin sole, arrowtooth flounder, Kamchatka
flounder, and Alaska plaice.
\7\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, northern, dark, shortraker, and rougheye rockfish.
Note: Regulatory areas and districts are defined at Sec. 679.2 (BS = Bering Sea subarea, AI = Aleutian Islands subarea, EAI = Eastern Aleutian Islands district, CAI = Central Aleutian
Islands district, WAI = Western Aleutian Islands district).
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 NMFS to reserve 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 set aside for the fixed gear sablefish CDQ reserve. Section 679.20(b)(1)(ii)(D) requires NMFS to allocate 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. Under section 679.20(b)(1)(ii)(C), NMFS must allocate 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 that 10 percent of the BSAI pollock TACs be allocated 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 subtracting 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 2011. During this 13-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 13-
year average of 3.2 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 subtracting 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 2011. During this 9-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 9-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, 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, 100 mt of CAI Atka mackerel,
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and 1,000 mt of EAI and BS subarea Atka mackerel TAC after subtracting the 10.7 percent CDQ reserve. These ICA allowances are based on NMFS' examination of the incidental catch in other target fisheries from 2003 through 2011.
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, Bering Sea ``other rockfish,'' skates, sharks, octopuses, and sculpins by 15 percent of the TAC in 2012 and 2013.
Table 2--Final 2012 and 2013 Apportionment of Reserves to ITAC Categories
Amounts are in metric tons
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2012 reserve 2012 final 2013 reserve 2013 final
Species-area or subarea 2012 ITAC amount ITAC 2013 ITAC amount ITAC
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Shortraker rockfish--BSAI............................... 334 59 393 334 59 393
Rougheye rockfish--EBS/EAI.............................. 196 35 231 205 36 241
Rougheye rockfish--CAI/WAI.............................. 207 37 244 219 39 258
Northern rockfish--BSAI................................. 3,995 705 4,700 3,995 705 4,700
Other rockfish--Bering Sea subarea...................... 425 75 500 425 75 500
Skates--BSAI............................................ 20,995 3,705 24,700 21,034 3,712 24,746
Sharks--BSAI............................................ 170 30 200 170 30 200
Octopuses--BSAI......................................... 765 135 900 765 135 900
Sculpins--BSAI.......................................... 4,420 780 5,200 4,420 780 5,200
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Total............................................... 31,508 5,560 37,068 31,567 5,571 37,138
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Allocation of Pollock TAC Under the American Fisheries Act (AFA)
Section 679.20(a)(5)(i)(A) requires that the BS subarea pollock TAC be apportioned, after subtracting the 10 percent for the CDQ program and the 3 percent for the ICA, 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 2012 and 2013 amounts.
Section 679.20(a)(5)(i)(A)(4) also includes several specific requirements regarding BS subarea pollock allocations. First, it requires that 8.5 percent of the pollock allocated to the C/P sector be available for harvest by AFA catcher vessels (CVs) with C/P sector endorsements, unless the Regional Administrator receives a cooperative contract that allows 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 2012 and 2013 allocations of pollock TAC. Tables 11 through 16 list the AFA C/P 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://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. 679.20(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 2012 and 2013 amounts by sector.
Table 3--Final 2012 and 2013 Allocations of Pollock TACS to the Directed Pollock Fisheries and to the CDQ Directed Fishing Allowances (DFA) \1\
Amounts are in metric tons
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2012 A season \1\ 2012 B 2013 A season \1\ 2013 B
------------------------ season \1\ ------------------------ season \1\
Area and sector 2012 SCA ------------ 2013 SCA -----------
Allocations A season harvest B season Allocations A season harvest B season
DFA limit \2\ DFA DFA limit \2\ DFA
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Bering Sea subarea.................................... 1,200,000 n/a n/a n/a 1,201,900 n/a n/a n/a
CDQ DFA............................................... 120,000 48,000 33,600 72,000 120,190 48,076 33,653 72,114
ICA \1\............................................... 32,400 n/a n/a n/a 32,451 n/a n/a n/a
AFA Inshore........................................... 523,800 209,520 146,664 314,280 524,629 209,852 146,896 314,778
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AFA Catcher/Processors \3\............................ 419,040 167,616 117,331 251,424 419,703 167,881 117,517 251,822
Catch by C/Ps......................................... 383,422 153,369 n/a 230,053 384,029 153,611 n/a 230,417
Catch by CVs \3\...................................... 35,618 14,247 n/a 21,371 35,675 14,270 n/a 21,405
Unlisted C/P Limit \4\................................ 2,095 838 n/a 1,257 2,099 839 n/a 1,259
AFA Motherships....................................... 104,760 41,904 29,333 62,856 104,926 41,970 29,379 62,956
Excessive Harvesting Limit \5\........................ 183,330 n/a n/a n/a 183,620 n/a n/a n/a
Excessive Processing Limit \6\........................ 314,280 n/a n/a n/a 314,778 n/a n/a n/a
Total Bering Sea DFA.................................. 1,047,600 419,040 293,328 628,560 1,049,259 419,703 293,792 629,555
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 subtracting 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 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.
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 subtracting the CDQ reserves, jig gear allocation, and ICAs for the BSAI trawl limited access sector and non-trawl gear sector (Table 4). The process for allocating 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 the jig gear sector. 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 sector in 2012 and 2013. This percentage is applied to the Atka mackerel TAC after subtracting the CDQ reserve and the ICA.
Section 679.20(a)(8)(ii)(C)(3) limits the annual Atka mackerel TAC for Area 542 (the CAI) to no more than 47 percent of the Area 542 ABC. Section 679.7(a)(19) prohibits retention of Atka mackerel in Area 543 (the WAI), and the amount set here accounts for discards in other fisheries.
Section 679.20(a)(8)(ii)(A) apportions the Atka mackerel ITAC into two equal seasonal allowances. Section 679.23(e)(3) sets the first seasonal allowance for directed fishing with trawl gear from January 20 through June 10 (A season), and the second seasonal allowance from June 10 through November 1 (B season). Section 679.23(e)(4)(iii) 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) 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 2012 and 2013 Atka mackerel season and area allowances, as well as the sector allocations. The 2013 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, 2012.
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Table 4--Final 2012 and 2013 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
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2012 allocation by area 2013 allocation by area
-----------------------------------------------------------------------------------------------
Eastern Eastern
Sector \1\ Season 2 3 4 Aleutian Central \5\ Western Aleutian Central \5\ Western
District/ Aleutian Aleutian District/ Aleutian Aleutian
Bering Sea District District Bering Sea District District
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC.............................. n/a.................. 38,500 10,763 1,500 31,700 8,883 1,500
CDQ reserve...................... Total................ 4,120 1,152 161 3,392 950 161
A.................... 2,060 576 80 1,696 475 80
Critical Habitat \5\. n/a 58 n/a n/a 48 n/a
B.................... 2,060 576 80 1,696 475 80
Critical Habitat \5\. n/a 58 n/a n/a 48 n/a
ICA.............................. Total................ 1,000 100 40 1,000 100 40
Jig \6\.......................... Total................ 167 0 0 137 0 0
BSAI trawl limited access........ Total................ 3,321 951 0 2,717 783 0
A.................... 1,661 476 0 1,359 392 0
B.................... 1,661 476 0 1,359 392 0
Amendment 80 sectors............. Total................ 29,892 8,560 1,300 24,454 7,049 1,300
A.................... 14,946 4,280 650 12,227 3,525 650
B.................... 14,946 4,280 650 12,227 3,525 650
Alaska Groundfish Cooperative.... Total................ 17,432 5,020 759 n/a n/a n/a
A.................... 8,716 2,510 380 n/a n/a n/a
Critical Habitat \5\. n/a 251 n/a n/a n/a n/a
B.................... 8,716 2,510 380 n/a n/a n/a
Critical Habitat \5\. n/a 251 n/a n/a n/a n/a
Alaska Seafood Cooperative....... Total................ 12,461 3,540 541 n/a n/a n/a
A.................... 6,231 1,770 271 n/a n/a n/a
Critical Habitat \5\. n/a 177 n/a n/a n/a n/a
B.................... 6,231 1,770 271 n/a n/a n/a
Critical Habitat \5\. n/a 177 n/a n/a n/a n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtractng the CDQ reserves, jig gear allocation, and ICAs to the Amendment 80 and
BSAI trawl limited access sectors. The allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is
established in Table 33 to part 679 and Sec. 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec. Sec.
679.20(b)(1)(ii)(C) and 679.31).
\2\ Regulations at Sec. Sec. 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery.
\3\ The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
\4\ 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
subtracting 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) requires NMFS to allocate the Pacific cod TAC in the BSAI, after subtracting 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 2012 and 2013, the Regional Administrator establishes an ICA of 500 mt based on anticipated incidental catch by these sectors in other fisheries. The ITAC allocation of Pacific cod to the Amendment 80 sector is established in Table 33 to part 679 and Sec. 679.91. The 2013 allocations for Pacific cod between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until November 1, 2012, the date by which the applicants eligible to apply for participation in the Amendment 80 program must file their application. Amendment 80 applications for 2013 have not yet been submitted to NMFS, thereby preventing NMFS from calculating 2013 allocations. NMFS will post 2013 Amendment 80 allocations when they become available in December 2012.
Page 10676
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 2012 and 2013 Pacific cod TACs are listed in Tables 5a and 5b, and are 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).
Section 679.7(a)(19) prohibits retaining 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 2012 Gear Shares and Seasonal Allowances of the BSAI Pacific Cod TAC
----------------------------------------------------------------------------------------------------------------
Share of Seasonal apportionment
gear Share of -----------------------------------
Gear sector Percent sector sector total
total Dates Amount
----------------------------------------------------------------------------------------------------------------
Total TAC............................ 100 261,000 n/a n/a.................... n/a
CDQ.................................. 10.7 27,927 n/a See Sec. n/a
679.20(a)(7)(i)(B).
Total hook-and-line/pot gear......... 60.8 141,708 n/a n/a.................... n/a
Hook-and-line/pot ICA\1\............. n/a 500 n/a See 679.20(a)(7)(ii)(B) n/a
Hook-and-line/pot sub-total.......... n/a 141,208 n/a n/a.................... n/a
Hook-and-line catcher/processor...... 48.7 n/a 113,106 Jan 1-Jun 10........... 57,684
Jun 10-Dec 31.......... 55,422
Hook-and-line catcher vessel >=60 ft 0.2 n/a 465 Jan 1-Jun 10........... 237
LOA. Jun 10-Dec 31.......... 228
Pot catcher/processor................ 1.5 n/a 3,484 Jan 1-Jun 10........... 1,777
Sept 1-Dec 31.......... 1,707
Pot catcher vessel >=60 ft LOA....... 8.4 n/a 19,509 Jan 1-Jun 10........... 9,950
Sept 1-Dec 31.......... 9,559
Catcher vessel =60 ft 0.2 n/a 468 Jan 1-Jun 10........... 239
LOA. Jun 10-Dec 31.......... 229
Pot catcher/processor................ 1.5 n/a 3,509 Jan 1-Jun 10........... 1,790
Sept 1-Dec 31.......... 1,720
Pot catcher vessel >=60 ft LOA....... 8.4 n/a 19,652 Jan 1-Jun 10........... 10,022
Sept 1-Dec 31.......... 9,629
Catcher vessel Alternative 1: Set TACs to produce fishing mortality rates, F, that are equal to maxFABC, unless the sum of the TACs is constrained by the OY established in the FMPs. This is equivalent to setting TACs to produce harvest levels equal to the maximum permissible ABCs, as constrained by OY. The term ``maxFABC'' refers to the maximum permissible value of FABC under Amendment 56 to the groundfish FMPs. Historically, the TAC has been set at or below the ABC, therefore, this alternative represents a likely upper limit for setting the TAC within the OY and ABC limits.
Alternative 3: For species in Tiers 1, 2, and 3, set TAC to produce F equal to the most recent 5-year average actual F. For species in Tiers 4, 5, and 6, set TAC equal to the most recent 5-year average actual catch. For stocks with a high level of scientific information, TACs would be set to produce harvest levels equal to the most recent five year average actual fishing mortality rates. For stocks with insufficient scientific information, TACs would be set equal to the most recent five year average actual catch. This alternative recognizes that for some stocks, catches may fall well below ABCs, and recent average F may provide a better indicator of actual F than FABC does.
Alternative 4: (1) Set TACs for rockfish species in Tier 3 at F75%. Set TACs for rockfish species in Tier 5 at F=0.5M. Set spatially explicit TACs for shortraker and rougheye rockfish in the BSAI. (2) Taking the rockfish TACs as calculated above, reduce all other TACs by a proportion that does not vary across species, so that the sum of all
Page 10689
TACs, including rockfish TACs, is equal to the lower bound of the area OY (1,400,000 mt in the BSAI). This alternative sets conservative and spatially explicit TACs for rockfish species that are long-lived and late to mature and sets conservative TACs for the other groundfish species.
Alternative 5: Set TACs at zero.
Alternative 2 is the preferred alternative chosen by the Council: Set TACs that fall within the range of ABCs recommended through the Council harvest specifications process and TACs recommended by the Council. Under this scenario, F is set equal to a constant fraction of maxFABC. The recommended fractions of maxFABC may vary among species or stocks, based on other considerations unique to each. This is the method for determining TACs that has been used in the past.
Alternatives 1, 3, 4, and 5 do not both meet the objectives of this action although they have a smaller adverse economic impact on small entities than the preferred alternative. The Council rejected these alternatives as harvest strategies in 2006, and the Secretary did so in 2007. Alternative 1 would lead to TACs whose sum exceeds the fishery OY, which is set out in statute and the FMP. As shown in Table 1, the sum of ABCs in 2012 and 2013 would be 2,511,778 and 2,639,792 million mt. Both of these are substantially in excess of the fishery OY for the BSAI. This would be inconsistent with the objectives of this action, in that it would violate the Consolidated Appropriations Act of 2004, Pub. L. No. 108-199, Sec. 803(c), and the FMP for the BSAI groundfish fishery, which both set a 2,000,000 mt maximum harvest for BSAI groundfish.
Alternative 3 selects harvest rates based on the most recent five years' worth of harvest rates (for species in Tiers 1 through 3) or for the most recent five years' worth of harvests (for species in Tiers 4 through 6). This alternative is also inconsistent with the objectives of this action, because it does not take account of the most recent biological information for this fishery.
Alternative 4 would lead to significantly lower harvests of all species to reduce TACs from the upper end of the OY range in the BSAI, to its lower end. This would lead to significant reductions in harvests of species by small entities. While reductions of this size could be associated with offsetting price increases, the size of these increases is very uncertain, and there can be no confidence that they would be sufficient to offset the volume decreases and leave revenues unchanged. Thus, this action would have an adverse economic impact on small entities, compared to the preferred alternative.
Alternative 5, which sets all harvests equal to zero, may also address conservation issues, but would have a significant adverse economic impact on small entities.
Impacts on marine mammals resulting from fishing activities conducted under this rule are discussed in the EIS (see ADDRESSES).
Pursuant to 5 U.S.C. 553(d)(3), the Assistant Administrator for Fisheries, NOAA, finds good cause to waive the 30-day delay in effectiveness for this rule, because delaying this rule is contrary to the public interest. Plan Team review occurred in November 2011, and Council consideration and recommendations occurred in December 2011. Accordingly, NMFS review could not begin until January 2012. If this rule's effectiveness is delayed, fisheries that might otherwise remain open under these rules may prematurely close based on the lower 2011 and 2012 harvest specifications (76 FR 11139, March 1, 2011). If implemented immediately, this rule would allow these fisheries to continue fishing without worrying about a potential closure, because the new TACs are higher than the ones under which they are currently fishing. Certain fisheries, such as those for pollock and Pacific cod are intensive, fast-paced fisheries. Other fisheries, such as those for flatfish, rockfish, octopuses, sculpins, sharks, skates, and squids, are critical as directed fisheries and as incidental catch in other fisheries. U.S. fishing vessels have demonstrated the capacity to catch the TAC allocations in these fisheries. Any delay in allocating the final TACs in these fisheries would cause confusion to the industry and potential economic harm through unnecessary discards. Determining which fisheries may close is impossible because these fisheries are affected by several factors that cannot be predicted in advance, including fishing effort, weather, movement of fishery stocks, and market price. Furthermore, the closure of one fishery has a cascading effect on other fisheries by freeing up fishing vessels, allowing them to move from closed fisheries to open ones, increasing the fishing capacity in those open fisheries and causing them to close at an accelerated pace.
Additionally, in fisheries subject to declining sideboards, delaying this rule's effectiveness could allow some vessels inadvertently reach or exceed their new sideboard levels. Because sideboards are intended to protect traditional fisheries in other sectors, allowing one sector to exceed its new sideboards by delaying this rule's effectiveness would effectively reduce the available catch for non-sideboarded sectors. Thus, the delay is contrary to the public interest in protecting traditional fisheries.
If the final harvest specifications are not effective by March 17, 2012, which is the start of the 2012 Pacific halibut season as specified by the IPHC, the hook-and-line sablefish fishery will not begin concurrently with the Pacific halibut IFQ season. Delayed effectiveness of this action would result in confusion for sablefish harvesters and economic harm from unnecessary discard of sablefish that are caught along with Pacific halibut, as both hook-and-line sablefish and Pacific halibut are managed under the same IFQ program. Immediate effectiveness of the final 2012 and 2013 harvest specifications will allow the sablefish IFQ fishery to begin concurrently with the Pacific halibut IFQ season. Also, the immediate effectiveness of this action is required to provide consistent management and conservation of fishery resources based on the best available scientific information. This is particularly true of those species which have lower 2012 ABCs and TACs than those established in the 2011 and 2012 harvest specifications (76 FR 11139, March 1, 2011). Immediate effectiveness also would give the fishing industry the earliest possible opportunity to plan and conduct its fishing operations with respect to new information about TAC limits. Therefore, NMFS finds good cause to waive the 30-day delay in effectiveness under 5 U.S.C. 553(d)(3).
Small Entity Compliance Guide
This final rule is a plain language guide to assist small entities in complying with this final rule as required by the Small Business Regulatory Enforcement Fairness Act of 1996. This final rule's primary purpose is to announce the final 2012 and 2013 harvest specifications and prohibited species bycatch allowances for the groundfish fisheries of the BSAI. This action is necessary to establish harvest limits and associated management measures for groundfish during the 2012 and 2013 fishing years and to accomplish the goals and objectives of the FMP. This action affects all fishermen who participate in the BSAI fisheries. The specific amounts of OFL, ABC, TAC, and PSC are provided in tables to assist the reader. NMFS will announce closures of directed fishing in the Federal Register and information bulletins released by the Alaska Region. Affected fishermen should keep themselves informed of such closures.
Page 10690
Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 1540(f); 16 U.S.C. 1801 et seq.; 16 U.S.C. 3631 et seq.; Pub. L. 105-277; Pub. L. 106-
31; Pub. L. 106-554; Pub. L. 108-199; Pub. L. 108-447; Pub. L. 109-
241; Pub. L. 109-479.
Dated: February 15, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.
FR Doc. 2012-4106 Filed 2-22-12; 8:45 am
BILLING CODE 3510-22-P
