Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; 2014 and 2015 Harvest Specifications for Groundfish

Federal Register, Volume 78 Issue 237 (Tuesday, December 10, 2013)

Federal Register Volume 78, Number 237 (Tuesday, December 10, 2013)

Proposed Rules

Pages 74063-74079

From the Federal Register Online via the Government Printing Office www.gpo.gov

FR Doc No: 2013-29352

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

Docket No. 131021878-3878-01

RIN 0648-XC927

Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; 2014 and 2015 Harvest Specifications for Groundfish

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes 2014 and 2015 harvest specifications, apportionments, and prohibited species catch allowances for the groundfish fisheries of the Bering Sea and Aleutian Islands (BSAI) management area. This action is necessary to establish harvest limits for groundfish during the 2014 and 2015 fishing years, and to accomplish the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area. 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.

DATES: Comments must be received by January 9, 2014.

ADDRESSES: You may submit comments on this document, identified by NOAA-NMFS-2013-0152, by any of the following methods:

Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0152, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments.

Mail: Address written comments to Glenn Merrill, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, AK 99802-1668.

Fax: Address written comments to Glenn Merrill, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen Sebastian. Fax comments to 907-586-7557.

Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ``N/A'' in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only.

Electronic copies of the Alaska Groundfish Harvest Specifications Final Environmental Impact Statement (Final EIS), Supplementary Information Report (SIR) and the Initial Regulatory Flexibility Analysis (IRFA) prepared for this action may be obtained from http://www.regulations.gov or from the Alaska Region Web site at http://alaskafisheries.noaa.gov. The final 2012 Stock Assessment and Fishery Evaluation (SAFE) report for the groundfish resources of the BSAI, dated November 2012, is available from the North Pacific Fishery Management Council (Council) at 605 West 4th Avenue, Suite 306, Anchorage, AK 99501-2252, phone 907-271-2809, or from the Council's Web site at http://alaskafisheries.noaa.gov/npfmc. The draft 2013 SAFE report for the BSAI will be available from the same sources in November 2013.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.

SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR part 679 implement the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) and govern the groundfish fisheries in the BSAI. The Council prepared the FMP and NMFS approved it under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). General regulations governing U.S. fisheries also appear at 50 CFR part 600.

The FMP and its implementing regulations require NMFS, after consultation with the Council, to specify annually the total allowable catch (TAC) for each target species category. 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)). Section 679.20(c)(1) further requires NMFS to publish proposed harvest specifications in the Federal Register and solicit public

Page 74064

comments on proposed annual TACs and apportionments thereof, prohibited species catch (PSC) allowances, prohibited species quota (PSQ) reserves established by Sec. 679.21, seasonal allowances of pollock, Pacific cod, and Atka mackerel TAC, American Fisheries Act allocations, Amendment 80 allocations, and Community Development Quota (CDQ) reserve amounts established by Sec. 679.20(b)(1)(ii). The proposed harvest specifications set forth in Tables 1 through 16 of this action satisfy these requirements.

Under Sec. 679.20(c)(3), NMFS will publish the final harvest specifications for 2014 and 2015 after (1) considering comments received within the comment period (see DATES), (2) consulting with the Council at its December 2013 meeting, and (3) considering information presented in the Supplementary Information Report that assesses the need to prepare a Supplemental EIS (see ADDRESSES) and the final 2013 SAFE reports prepared for the 2014 and 2015 groundfish fisheries.

Other Actions Affecting the 2014 and 2015 Harvest Specifications

For 2014, the Board of Fisheries (BOF) for the State of Alaska (State) established a guideline harvest level (GHL) in State waters between 164 and 167 degrees west longitude in the BS subarea equal to 3 percent of the Pacific cod ABC in the BSAI. The action by the State does not require a downward adjustment of the proposed Bering Sea subarea Pacific cod TAC because the combined TAC and GHL (252,381 mt) are less than the proposed ABC of 300,390 mt.

For 2014, the BOF for the State of Alaska State established a guideline harvest level (GHL) in State waters in the Aleutian Islands subarea equal to 3 percent of the Pacific cod ABC in the BSAI. The action by the State does not require a downward adjustment of the proposed Aleutian Islands subarea Pacific cod TAC because the combined TAC and GHL (16,900 mt) equal the proposed ABC of 16,900 mt.

Accordingly, the Council will need to consider these GHLs when recommending the final 2014 and 2015 BSAI TACs. The Council is expected to set the final Bering Sea TACs less than the ABCs by amounts that account for these 2014 and 2015 GHLs. In addition, the Plan Team is reviewing the stock structure of BSAI groundfish and may recommend allocating current OFLs or ABCs by subareas or reporting areas.

Proposed ABC and TAC Harvest Specifications

At the October 2013 Council meeting, the SSC, Advisory Panel (AP), and Council reviewed the most recent biological and harvest information about the condition of the BSAI groundfish stocks. The Council's Plan Team compiled and presented this information, which was initially compiled by the Plan Team and presented in the final 2012 SAFE report for the BSAI groundfish fisheries, dated November 2012 (see ADDRESSES). The amounts proposed for the 2014 and 2015 harvest specifications are based on the 2012 SAFE report, and are subject to change in the final harvest specifications to be published by NMFS following the Council's December 2013 meeting. In November 2013, the Plan Team updated the 2012 SAFE report to include new information collected during 2013, such as NMFS stock surveys, revised stock assessments, and catch data. At its December 2013 meeting, the Council will consider information contained in the final 2013 SAFE report, recommendations from the November 2013 Plan Team meeting, public testimony from the December 2013 SSC and AP meetings, and relevant written comments in making its recommendations for the final 2014 and 2015 harvest specifications.

In previous years, some of the largest changes from the proposed to the final harvest specifications have been based on the most recent NMFS stock surveys, which provide updated estimates of stock biomass and spatial distribution, and changes to the models used in the stock assessments. These changes are recommended by the Plan Team in November 2013 and are included in the 2013 final SAFE report. The 2013 final SAFE report includes the most recent information, such as 2013 catch. The final harvest specification amounts for these stocks are not expected to vary greatly from the proposed specification amounts published here.

If the final 2013 SAFE report indicates that the stock biomass trend is increasing for a species, then the final 2014 and 2015 harvest specifications may reflect that increase from the proposed harvest specifications. Conversely, if the final 2013 SAFE report indicates that the stock biomass trend is decreasing for a species, then the final 2014 and 2015 harvest specifications may reflect a decrease from the proposed harvest specifications. In addition to changes driven by biomass trends, there may be changes in TACs due to the sum of ABCs exceeding 2 million mt. Since the FMP requires TACs to be set to an OY between 1.4 and 2 million mt, the Council may be required to recommend TACs that are lower than the ABCs recommended by the Plan Team, if setting TACs equal to ABC would cause TAC to exceed an OY of 2 million mt. Generally, ABCs greatly exceed 2 million mt in years with a large pollock biomass. NMFS anticipates that, both for 2014 and 2015, the sum of the ABCs will exceed 2 million mt. NMFS expects that the final total TAC for the BSAI for both 2014 and 2015 will equal 2 million mt.

The proposed ABCs and TACs are based on the best available biological and socioeconomic data, including projected biomass trends, information on assumed distribution of stock biomass, and revised methods used to calculate stock biomass. The FMP specifies a series of six tiers to define OFLs and ABCs 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 October 2013, the SSC adopted the proposed 2014 and 2015 OFLs and ABCs recommended by the Plan Team for all groundfish species. The Council adopted the SSC's OFL and ABC recommendations. These amounts are unchanged from the final 2014 harvest specifications published in the Federal Register on March 1, 2013 (78 FR 13813) except for Pacific cod and Kamchatka flounder. For Pacific cod, separate BS and AI harvest specifications were recommended. For the eastern Bering Sea (EBS), the Plan Team used 93 percent of the combined 2014 BSAI OFL and ABC published last year. For the AI, the Plan Team used Tier 5 estimates from last year's preliminary assessment, noting that it will review a revised model in November 2013. The proposed 2014 OFL and ABC for Kamchatka flounder were obtained using results from the preliminary Tier 3 assessment that was approved for use in November by the Plan Team. The Council adopted the AP's TAC recommendations except for Pacific cod, pollock, yellowfin sole, and rock sole. The Council decreased the AI Pacific cod TAC to account for the State's AI GHL of 3 percent of the BSAI ABC, and increased by that same amount the TACs for BS Pacific cod, pollock, yellowfin sole, and rock sole. For 2014 and 2015, the Council recommended and NMFS proposes the OFLs, ABCs, and TACs listed in Table 1. The proposed ABCs reflect harvest amounts that are less than the specified overfishing amounts. The sum of the

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proposed 2014 and 2015 ABCs for all assessed groundfish is 2,686,688 mt, which is higher than the final 2013 ABC total of 2,639,317 mt (78 FR 13813, March 1, 2013).

Specification and Apportionment of TAC Amounts

The Council recommended proposed TACs for 2014 and 2015 that are equal to proposed ABCs for sablefish, Kamchatka flounder, Pacific ocean perch, shortraker rockfish, rougheye rockfish, AI ``other rockfish,'' and Eastern AI/BS Atka mackerel. The Council recommended proposed TACs for 2014 and 2015 that are less than the proposed ABCs for pollock, Pacific cod, Western and Central AI Atka mackerel, Greenland turbot, yellowfin sole, rock sole, arrowtooth flounder, flathead sole, ``other flatfish,'' Alaska plaice, northern rockfish, BS ``other rockfish,'' squids, sharks, skates, sculpins, and octopuses.

Section 679.20(a)(5)(iii)(B)(1) requires the AI pollock TAC to be set at 19,000 mt when the AI pollock ABC equals or exceeds 19,000 mt. The Bogoslof pollock TAC is set to accommodate incidental catch amounts. TACs are set so that the sum of the overall TAC does not exceed the BSAI OY.

The proposed groundfish OFLs, ABCs, and TACs are subject to change pending the completion of the final 2013 SAFE report and the Council's recommendations for final 2014 and 2015 harvest specifications during its December 2013 meeting. These proposed amounts are consistent with the biological condition of groundfish stocks as described in the 2012 SAFE report, and adjusted for other biological and socioeconomic considerations. Pursuant to section 3.2.3.4.1 of the FMP, the Council could recommend adjusting the TACs if ``warranted on the basis of bycatch considerations, management uncertainty, or socioeconomic considerations, or if required in order to cause the sum of the TACs to fall within the OY range.'' Table 1 lists the proposed 2014 and 2015 OFL, ABC, TAC, initial TAC (ITAC), and CDQ amounts for groundfish for the BSAI. The proposed apportionment of TAC amounts among fisheries and seasons is discussed below.

Table 1--Proposed 2014 and 2015 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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Proposed 2014 and 2015

Species Area ----------------------------------------------------------------

OFL ABC TAC ITAC \2\ CDQ 3 4 5

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Pollock...................... BS.............. 2,730,000 1,430,000 1,252,500 1,127,250 125,250

AI.............. 48,600 39,800 19,000 17,100 1,900

Bogoslof........ 13,400 10,100 100 100 0

Pacific cod.................. BS.............. 352,470 300,390 245,000 218,785 26,215

AI.............. 22,500 16,900 7,381 6,591 790

Sablefish.................... BS.............. 1,760 1,480 1,480 629 56

AI.............. 2,370 2,010 2,010 427 38

Yellowfin sole............... BSAI............ 219,000 206,000 200,000 178,600 21,400

Greenland turbot............. BSAI............ 3,270 2,650 2,060 1,751 0

BS.............. n/a 2,070 1,610 1,369 172

AI.............. n/a 580 450 383 0

Arrowtooth flounder.......... BSAI............ 186,000 152,000 25,000 21,250 2,675

Kamchatka flounder........... BSAI............ 8,300 7,100 7,100 6,035 0

Northern rock sole \6\....... BSAI............ 229,000 204,000 94,569 80,384 10,119

Flathead sole \7\............ BSAI............ 80,100 66,700 22,699 19,294 2,429

Alaska plaice................ BSAI............ 60,200 55,800 23,700 20,145 0

Other flatfish \8\........... BSAI............ 17,800 13,300 3,500 2,975 0

Pacific Ocean perch.......... BSAI............ 39,500 33,100 33,100 28,135 2,720

BS.............. n/a 7,680 7,680 6,528 0

EAI............. n/a 9,240 9,240 7,854 989

CAI............. n/a 6,590 6,590 5,602 705

WAI............. n/a 9,590 9,590 8,152 1,026

Northern rockfish............ BSAI............ 12,000 9,320 3,000 2,550 0

Blackspotted/Rougheye BSAI............ 524 429 429 365 0

rockfish \9\.

EBS/EAI......... n/a 189 189 161 0

CAI/WAI......... n/a 240 240 204 0

Shortraker rockfish.......... BSAI............ 493 370 370 315 0

Other rockfish............... BSAI............ 1,540 1,159 873 742 0

BS.............. n/a 686 400 340 0

AI.............. n/a 473 473 402 0

Atka mackerel................ BSAI............ 56,500 48,900 25,379 21,572 2,716

EAI/BS.......... n/a 16,500 16,500 14,025 1,766

CAI............. n/a 15,700 7,379 6,272 790

WAI............. n/a 16,700 1,500 1,275 161

Skates....................... BSAI............ 44,100 37,300 24,000 20,400 0

Sculpins..................... BSAI............ 56,400 42,300 5,600 4,760 0

Sharks....................... BSAI............ 1,360 1,020 150 128 0

Squids....................... BSAI............ 2,620 1,970 500 425 0

Octopuses.................... BSAI............ 3,450 2,590 500 425 0

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Total.................... ................ 4,193,257 2,686,688 2,000,000 1,781,132 196,306

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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.

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\2\ Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and Amendment

80 species (Atka mackerel, Aleutian Islands Pacific ocean perch, yellowfin sole, rock sole, flathead sole, and

Pacific cod), 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 (3.4 percent),

is further allocated by sector for a directed pollock fishery as follows: inshore--50 percent; catcher/

processor--40 percent; and motherships--10 percent. Under Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), the

annual Aleutian Islands subarea pollock TAC, after subtracting first for the CDQ directed fishing allowance

(10 percent) and second for the incidental catch allowance (1,600 mt), is allocated to the Aleut Corporation

for a directed pollock fishery.

\4\ The Pacific cod TAC is reduced by 3 percent from the ABC to account for the State of Alaska 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. The 2014 hook-and-line and pot

gear portion of the sablefish ITAC and CDQ reserve will not be specified until the fall of 2013. 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, Kamchatka flounder, northern rockfish, shortraker rockfish, rougheye

rockfish, ``other rockfish,'' squids, octopuses, skates, sculpins, and sharks 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), flathead sole,

Greenland turbot, rock sole, yellowfin sole, arrowtooth flounder, Kamchatka flounder, and Alaska plaice.

\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.

Groundfish Reserves and the Incidental Catch Allowance (ICA) for Pollock, Atka Mackerel, Flathead Sole, Rock Sole, Yellowfin Sole, and AI Pacific Ocean Perch

Section 679.20(b)(1)(i) requires NMFS to reserve 15 percent of the TAC for each target species category, except for pollock, hook-and-line or pot gear allocation of sablefish, and Amendment 80 species, in a non-specified reserve. Section 679.20(b)(1)(ii)(B) requires NMFS to allocate 20 percent of the hook-and-line or pot gear allocation of sablefish to the fixed gear sablefish CDQ reserve. Section 679.20(b)(1)(ii)(D) requires NMFS to allocate 7.5 percent of the trawl gear allocation of sablefish and 10.7 percent of Bering Sea Greenland turbot and arrowtooth flounder to the respective CDQ reserves. Section 679.20(b)(1)(ii)(C) requires NMFS to allocate 10.7 percent of the TACs for Atka mackerel, AI 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 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 reserves by gear.

Pursuant to Sec. 679.20(a)(5)(i)(A)(1), NMFS proposes a pollock ICA of 3.4 percent of the Bering Sea subarea pollock TAC after subtracting the 10 percent CDQ reserve. This allowance is based on NMFS' examination of the pollock incidentally retained and discarded catch, including the incidental catch by CDQ vessels, in target fisheries other than pollock from 1999 through 2013. During this 15-

year period, the pollock incidental catch ranged from a low of 2.3 percent in 2012 to a high of 5 percent in 1999, with a 15-year average of 3.4 percent. Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS proposes a pollock ICA of 2,000 mt for the AI subarea 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 2013. During this 11-year period, the incidental catch of pollock ranged from a low of 5 percent in 2006 to a high of 17 percent in 2013, with an 11-year average of 8 percent.

Pursuant to Sec. 679.20(a)(8) and (10), NMFS proposes ICAs of 5,000 mt of flathead sole, 10,000 mt of rock sole, 2,400 mt of yellowfin sole, 10 mt of Western Aleutian District Pacific ocean perch, 75 mt of Central Aleutian District Pacific ocean perch, 200 mt of Eastern Aleutian District Pacific ocean perch, 40 mt for Western Aleutian District Atka mackerel, 75 mt for Central Aleutian District Atka mackerel, and 1,000 mt of Eastern Aleutian District and Bering Sea subarea Atka mackerel after subtracting the 10.7 percent CDQ reserve. These ICAs are based on NMFS' examination of the average incidental retained and discarded catch in other target fisheries from 2003 through 2013.

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 that contributed to the non-specified reserve, provided that such apportionments do not result in overfishing (see Sec. 679.20(b)(1)(i)).

Allocations of Pollock TAC Under the American Fisheries Act (AFA)

Section 679.20(a)(5)(i)(A) requires that Bering Sea pollock TAC be apportioned after subtracting 10 percent for the CDQ program and 3.4 percent for the ICA as a DFA as follows: 50 percent to the inshore sector, 40 percent to the catcher/processor sector, and 10 percent to the mothership sector. In the Bering Sea subarea, 40 percent of the DFA is allocated to the A season (January 20 to June 10) and 60 percent of the DFA is allocated to the B season (June 10 to November 1) (Sec. 679.20(a)(5)(i)(B)). 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 2,000 mt for the ICA (Sec. 679.20(a)(5)(iii)(B)(2)(ii)). In the AI subarea, the A season pollock TAC may equal up to 40 percent of the ABC and the remainder of the pollock TAC is allocated to the B season. Table 2 lists these proposed 2014 and 2015 amounts.

Section 679.20(a)(5)(i)(A)(4) also includes several specific requirements regarding Bering Sea subarea pollock allocations. First, 8.5 percent of the pollock allocated to the catcher/processor sector will be available for harvest by AFA catcher vessels with catcher/

processor sector endorsements, unless the Regional Administrator receives a cooperative contract entered into by listed AFA C/Ps and all AFA catcher vessels with C/P sector endorsements, and the Regional Administrator determines the contract provides for the distribution of harvest among AFA catcher/processors and AFA catcher vessels in a manner agreed to by all members. Second, AFA catcher/processors not listed in the AFA are limited to harvesting not more than 0.5 percent of the pollock allocated to

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the catcher/processor sector. Table 2 lists the proposed 2014 and 2015 allocations of pollock TAC. Tables 13 through 16 list the AFA catcher/

processor and catcher vessel harvesting sideboard limits. In past years, the proposed harvest specifications included text and tables describing pollock allocations to the Bering Sea subarea inshore pollock cooperatives and open access sector. These allocations are based on the submission of AFA inshore cooperative applications due to NMFS on December 1 of each calendar year. Because AFA inshore cooperative applications for 2014 have not been submitted to NMFS, thereby preventing NMFS from calculating 2014 allocations, NMFS has not included inshore cooperative text and tables in these proposed harvest specifications. NMFS will post 2014 AFA inshore cooperative allocations on the Alaska Region Web site at http://alaskafisheries.noaa.gov when they become available in December 2013.

Table 2 also lists proposed seasonal apportionments of pollock and harvest limits within the Steller Sea Lion Conservation Area (SCA). The harvest of pollock within the SCA, as defined at Sec. 679.22(a)(7)(vii), is limited to no more than 28 percent of the DFA until before 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 noon, April 1, or inside the SCA after 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 2 lists these proposed 2014 and 2015 amounts by sector.

Table 2--Proposed 2014 and 2015 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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A season \1\ B season \1\

2014 and 2015 -----------------------------------------------

Area and sector allocations SCA harvest

A season DFA limit \2\ B season DFA

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Bering Sea subarea TAC.......................... 1,252,500 N/A N/A N/A

CDQ DFA......................................... 125,250 50,100 35,070 75,150

ICA \1\......................................... 38,327 N/A N/A N/A

AFA Inshore..................................... 544,462 217,785 152,449 326,677

AFA Catcher/Processors \3\...................... 435,569 174,228 121,959 261,342

Catch by C/Ps............................... 398,546 159,418 N/A 239,128

Catch by C/Vs \3\........................... 37,023 14,809 N/A 22,214

Unlisted C/P Limit \4\.................. 2,178 871 N/A 1,307

AFA Motherships................................. 108,892 43,557 30,490 65,335

Excessive Harvesting Limit \5\.................. 190,562 N/A N/A N/A

Excessive Processing Limit \6\.................. 326,677 N/A N/A N/A

Total Bering Sea DFA (non-CDQ).................. 1,088,924 435,569 304,899 653,354

Aleutian Islands subarea TAC.................... 19,000 N/A N/A N/A

CDQ DFA......................................... 1,900 760 N/A 1,140

ICA............................................. 2,000 1,000 N/A 1,000

Aleut Corporation............................... 15,100 14,160 N/A 940

Bogoslof District ICA \7\....................... 100 N/A N/A N/A

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\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the annual Bering Sea subarea pollock TAC, after subtracting the CDQ

DFA (10 percent) and the ICA (3.4 percent), is allocated as a DFA as follows: Inshore sector 50 percent,

catcher/processor sector 40 percent, and mothership sector 10 percent. In the Bering Sea 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 DFA (10 percent) and second the ICA (2,000 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 Bering Sea subarea, no more than 28 percent of each sector's annual DFA may be taken from the SCA

before April 1. The remaining 12 percent of the annual DFA allocated to the A season may be taken outside of

the SCA before April 1 or inside the SCA after April 1. If 28 percent of the annual DFA is not taken inside

the SCA before April 1, the remainder is available to be taken inside the SCA after April 1.

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

processors (C/Ps) shall be available for harvest only by eligible catcher vessels (CVs) 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/processor 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 pollock DFAs not including CDQ.

\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 pollock DFAs not including CDQ.

\7\ The Regional Administrator proposes closing the Bogoslof pollock fishery for directed fishing under the

final 2014 and 2015 harvest specifications for the BSAI. The amounts specified are for incidental catch only

and are not apportioned by season or sector.

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 (Table 3). The percentage of the ITAC for Atka mackerel allocated to the Amendment 80 and BSAI trawl limited access sectors is listed in Table 33 to part 679 and in Sec. 679.91. Pursuant to Sec. 679.20(a)(8)(i), up to 2 percent of the Eastern Aleutian District and Bering Sea subarea Atka mackerel ITAC may be allocated to jig gear. The percent of this allocation is recommended annually by the Council based on several criteria, including the anticipated harvest capacity of the jig gear fleet. The Council recommended and NMFS proposes a 0.5 percent allocation of the Atka mackerel ITAC in the Eastern Aleutian District and Bering Sea subarea to jig gear in 2014 and 2015. This percentage is applied to the TAC after subtracting the CDQ reserve and the ICA. Section 679.20(a)(8)(ii)(C)(3) limits the annual TAC for Area 542 to no more than 47 percent of the Area 542 ABC. Section 679.7(a)(19) prohibits retaining Atka mackerel in Area 543, and the

Page 74068

proposed TAC is set to account for discards in other fisheries.

Section 679.20(a)(8)(ii)(A) apportions the Atka mackerel TAC (including the CDQ reserve) into two equal seasonal allowances. Section 679.23(e)(3) sets the first seasonal allowance for directed fishing with trawl gear from January 20 to June 10 (A season), and the second seasonal allowance from June 10 to November 1 (B season). Section 679.23(e)(4)(iii) applies Atka mackerel seasons to CDQ Atka mackerel fishing. The jig gear and ICA allocations are not apportioned by season.

Sections 679.20(a)(8)(ii)(C)(1)(i) and (ii) require 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 nautical miles (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.

Two Amendment 80 cooperatives have formed for the 2014 fishing year. Because all Amendment 80 vessels are part of a cooperative, no allocation to the Amendment 80 limited access sector is required. NMFS will post 2014 Amendment 80 cooperative allocations on the Alaska Region Web site at http://alaskafisheries.noaa.gov prior to the start of the fishing year on January 1, 2014, based on the harvest specifications effective on that date.

Table 3 lists these 2014 and 2015 Atka mackerel season allowances, area allowances, and the sector allocations. The 2015 allocations for Amendment 80 species 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, 2014. NMFS will post 2015 Amendment 80 cooperatives and Amendment 80 limited access allocations on the Alaska Region Web site at http://alaskafisheries.noaa.gov when they become available in December 2014.

Table 3--Proposed 2014 and 2015 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

----------------------------------------------------------------------------------------------------------------

Allocation by area

-----------------------------------------------

Eastern

Sector 1 Season 2 3 4 Aleutian Central Western

District/ Aleutian Aleutian

Bering Sea District District

----------------------------------------------------------------------------------------------------------------

TAC................................ n/a........................ 16,500 7,379 1,500

CDQ reserve........................ Total...................... 1,766 790 161

A.......................... 883 395 80

Critical habitat \5\....... n/a 39 n/a

B.......................... 883 395 80

Critical habitat \5\....... n/a 39 n/a

ICA................................ Total...................... 1,000 75 40

Jig \6\............................ Total...................... 69 0 0

BSAI trawl limited access.......... Total...................... 1,367 651 0

A.......................... 683 326 0

B.......................... 683 326 0

Amendment 80 \7\................... Total...................... 12,299 5,863 1,300

Alaska Groundfish Cooperative for Total...................... 7,082 3,495 767

2014.

A.......................... 3,541 1,748 384

Critical habitat \5\....... n/a 175 n/a

B.......................... 3,541 1,748 384

Critical habitat \5\....... n/a 175 n/a

Alaska Seafood Cooperative for 2014 Total...................... 5,217 2,368 532

A.......................... 2,609 1,184 266

Critical habitat \5\....... n/a 118 n/a

B.......................... 2,609 1,184 266

Critical habitat \5\....... n/a 118 n/a

----------------------------------------------------------------------------------------------------------------

\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and the

jig gear allocation, 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 percent 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 in 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 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.

\7\ The 2015 allocations for Amendment 80 species 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, 2014.

Allocation of the Pacific Cod TAC

The Council recommended and NMFS proposes separate BS and AI subarea OFLs, ABCs, and TACs for Pacific cod. Section 679.20(b)(1)(ii)(C) allocates 10.7 percent of the BS TAC and AI TAC to the CDQ program. After CDQ allocations have been deducted from the respective BS and AI Pacific

Page 74069

cod TACs, the remaining BS and AI Pacific cod TACs will be combined for calculating further BSAI Pacific cod sector allocations. However, if the non-CDQ Pacific cod TAC is or will be reached in either the BS or AI subareas, NMFS will prohibit non-CDQ directed fishing for Pacific cod in that subarea as provided in Sec. 679.20(d)(1)(iii).

Sections 679.20(a)(7)(i) and (ii) allocate the Pacific cod TAC in the combined BSAI TAC, after subtracting 10.7 percent for the CDQ program, as follows: 1.4 Percent to vessels using jig gear, 2.0 percent to hook-and-line and pot catcher vessels less than 60 ft (18.3 m) length overall (LOA), 0.2 percent to hook-and-line catcher vessels greater than or equal to 60 ft (18.3 m) LOA, 48.7 percent to hook-and-

line catcher/processors, 8.4 percent to pot catcher vessels greater than or equal to 60 ft (18.3 m) LOA, 1.5 percent to pot catcher/

processors, 2.3 percent to AFA trawl catcher/processors, 13.4 percent to non-AFA trawl catcher/processors, and 22.1 percent to trawl catcher vessels. The BSAI ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of BSAI Pacific cod TAC allocated to the hook-and-line and pot sectors. For 2014 and 2015, the Regional Administrator proposes a BSAI ICA of 500 mt, based on anticipated incidental catch in these fisheries.

The allocation of the BSAI ITAC for Pacific cod to the Amendment 80 sector is established in Table 33 to part 679 and Sec. 679.91. Two Amendment 80 cooperatives have formed for the 2014 fishing year. Because all Amendment 80 vessels are part of a cooperative, no allocation to the Amendment 80 limited access sector is required. NMFS will post 2014 Amendment 80 cooperative allocations on the Alaska Region Web site at http://alaskafisheries.noaa.gov prior to the start of the fishing year on January 1, 2014, based on the harvest specifications effective on that date.

The 2015 allocations for Amendment 80 species 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, 2014. NMFS will post 2015 Amendment 80 cooperatives and Amendment 80 limited access allocations on the Alaska Region Web site at http://alaskafisheries.noaa.gov when they become available in December 2014.

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 proposed 2014 and 2015 Pacific cod TACs are listed in Table 4 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 AI subarea November 1 through December 31.

Table 4--Proposed 2014 and 2015 Gear Shares and Seasonal Allowances of the BSAI \1\ Pacific Cod TAC

Amounts are in metric tons

----------------------------------------------------------------------------------------------------------------

2014 and 2015 seasonal

2014 and 2015 2014 and 2015 apportionment

Gear sector Percent share of gear share of ---------------------------------

sector total sector total Season Amount

----------------------------------------------------------------------------------------------------------------

BS TAC........................ .............. 245,000 n/a n/a............. n/a

BS CDQ........................ .............. 26,215 n/a See Sec. n/a

679.20(a)(7)(i)

(B).

AI TAC........................ .............. 7,381 n/a n/a............. n/a

AI CDQ........................ .............. 790 n/a See Sec. n/a

679.20(a)(7)(i)

(B).

Total BSAI non-CDQ TAC \1\.... 100 225,376 n/a n/a............. n/a

Total hook-and-line/pot gear.. 60.8 137,029 n/a n/a............. n/a

Hook-and-line/pot ICA \2\..... n/a n/a 500 n/a............. n/a

Hook-and-line/pot sub-total... n/a 136,529 n/a n/a............. n/a

Hook-and-line catcher/ 48.7 n/a 109,358 Jan 1-Jun 10.... 55,772

processors.

.............. .............. .............. Jun 10-Dec 31... 53,585

Hook-and-line catcher vessels 0.2 n/a 449 Jan 1-Jun 10.... 229

>=60 ft LOA.

.............. .............. .............. Jun 10-Dec 31... 220

Pot catcher/processors........ 1.5 n/a 3,368 Jan 1-Jun 10.... 1,718

.............. .............. .............. Sept 1-Dec 31... 1,650

Pot catcher vessels >=60 ft 8.4 n/a 18,863 Jan 1-Jun 10.... 9,620

LOA.

.............. .............. .............. Sept 1-Dec 31... 9,243

Catcher vessels

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