Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; 2013 and 2014 Harvest Specifications for Groundfish

Federal Register, Volume 78 Issue 41 (Friday, March 1, 2013)

Federal Register Volume 78, Number 41 (Friday, March 1, 2013)

Rules and Regulations

Pages 13813-13834

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

FR Doc No: 2013-04822

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

Docket No. 121018563-3148-02

RIN 0648-XC311

Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; 2013 and 2014 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 2013 and 2014 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 2013 and 2014 fishing years, and to accomplish the goals and objectives of the Fishery Management Plan for Groundfish of the BSAI (FMP). The intended effect of this action is to conserve and manage the groundfish resources in the BSAI in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

DATES: Effective from 1200 hrs, Alaska local time (A.l.t.), March 1, 2013, through 2400 hrs, A.l.t., December 31, 2014.

ADDRESSES: Electronic copies of the Final Alaska Groundfish Harvest Specifications Environmental Impact

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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 2012 Stock Assessment and Fishery Evaluation (SAFE) report for the groundfish resources of the BSAI, dated November 2012, as well as the 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 2013 and 2014. NMFS also must specify apportionments of TAC, 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 22 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 2013 and 2014 harvest specifications and PSC allowances for the groundfish fishery of the BSAI were published in the Federal Register on December 6, 2012 (77 FR 72791). Comments were invited and accepted through January 7, 2013. NMFS received two letters with five comments on the proposed harvest specifications. These comments are summarized and responded to in the ``Response to Comments'' section of this rule. NMFS consulted with the Council on the final 2013 and 2014 harvest specifications during the December 2012 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 2013 and 2014 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 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 2012, 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 2012 SAFE report for the BSAI groundfish fisheries, dated November 2012. 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 2012, the SSC, AP, and Council reviewed the Plan Team's recommendations. Except for rougheye rockfish, the SSC concurred with the Plan Team's recommendations, and the Council adopted the OFL and ABC amounts recommended by the SSC (Table 1). For 2013 and 2014, the SSC recommended lower rougheye rockfish OFLs and ABCs than the OFLs and ABCs recommended by the Plan Team. For rougheye rockfish, the SSC recommended including the estimated recruitment from the 1998 through 2009 time period to calculate the OFLs and ABCs, resulting in lower amounts. 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 2013 or 2014 exceeds the final 2013 or 2014 ABCs for any species category. The final 2013 and 2014 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 2012 SAFE report that was approved by the Council.

Changes From the Proposed 2013 and 2014 Harvest Specifications for the BSAI

In October 2012, the Council proposed its recommendations for the 2013 and 2014 harvest specifications (77 FR 72791, December 6, 2012), based largely on information contained in the 2011 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 final 2012 SAFE report, recommendations from the SSC, Plan Team, and AP committees, and public testimony when making its recommendations for final harvest specification 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 2012 SAFE reports indicates biomass changes for several groundfish species from the 2011 SAFE reports. At the December 2012 Council meeting, the SSC recommended the 2013 and 2014 ABCs for many species based on the best and most recent information contained in the 2012 SAFE reports. This recommendation resulted in an ABC sum total for all BSAI groundfish species in excess of 2 million mt for both 2013 and 2014. Based on the SSC ABC recommendations and the 2012

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SAFE reports, the Council recommends increasing Bering Sea pollock by 45,100 mt. In terms of percentage, the largest increases in TACs were for BSAI squid and BSAI Pacific ocean perch. Both of these species are valuable, and likely to be harvested to the full TAC available. The Council increased the squid TAC due to increased incidental catch in 2012, and increased the Pacific ocean perch TACs due to higher ABCs, resulting from larger biomass estimates. Conversely, the SSC decreased the OFL and ABC of BSAI Atka mackerel 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, Bogoslof pollock and BSAI Greenland turbot had the largest decreases in TAC. These decreases are due to lower incidental catches of Bogoslof pollock in 2012, and lower biomass estimates of Greenland turbot. The TACs for shortraker rockfish and rougheye rockfish were also decreased because of smaller OFLs and ABCs resulting from lower biomass estimates. The TACS for octopuses, sharks, ``other rockfish,'' northern rockfish, Alaska plaice, flathead sole, and Kamchatka flounder were all decreased because harvests in 2012 were much less than the proposed 2013 TACs. 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, regulatory obligations, and harvest strategy as described in the proposed harvest specifications. These changes are compared in Table 1A.

Table 1 lists the Council's recommended final 2013 and 2014 OFL, ABC, TAC, ITAC, and CDQ reserve amounts of the BSAI groundfish. NMFS concurs in these recommendations. The final 2013 and 2014 TAC recommendations for the BSAI are within the OY range established for the BSAI and do not exceed the ABC for any species or species group. The apportionment of TAC amounts among fisheries and seasons is discussed below.

Table 1--Final 2013 and 2014 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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2013 2014

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

OFL ABC TAC ITAC \2\ CDQ \3\ OFL ABC TAC ITAC \2\ CDQ \3\

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Pollock \4\.................................... BS............................... 2,550,000 1,375,000 1,247,000 1,122,300 124,700 2,730,000 1,430,000 1,247,000 1,122,300 124,700

AI............................... 45,600 37,300 19,000 17,100 1,900 48,600 39,800 19,000 17,100 1,900

Bogoslof......................... 13,400 10,100 100 500 0 13,400 10,100 100 500 0

Pacific cod \5\................................ BSAI............................. 359,000 307,000 260,000 232,180 27,820 379,000 323,000 260,880 232,966 27,914

Sablefish...................................... BS............................... 1,870 1,580 1,580 1,304 217 1,760 1,480 1,480 629 56

AI............................... 2,530 2,140 2,140 1,739 361 2,370 2,010 2,010 427 38

Atka mackerel.................................. BSAI............................. 57,700 50,000 25,920 23,147 2,773 56,500 48,900 25,379 22,663 2,716

EAI/BS........................... n/a 16,900 16,900 15,092 1,808 n/a 16,500 16,500 14,735 1,766

CAI.............................. n/a 16,000 7,520 6,715 805 n/a 15,700 7,379 6,589 790

WAI.............................. n/a 17,100 1,500 1,340 161 n/a 16,700 1,500 1,340 161

Yellowfin sole................................. BSAI............................. 220,000 206,000 198,000 176,814 21,186 219,000 206,000 198,000 176,814 21,186

Rock sole...................................... BSAI............................. 241,000 214,000 92,380 82,495 9,885 229,000 204,000 92,000 82,156 9,844

Greenland turbot............................... BSAI............................. 2,540 2,060 2,060 1,751 n/a 3,270 2,650 2,650 2,253 n/a

BS............................... n/a 1,610 1,610 1,369 172 n/a 2,070 2,070 1,760 221

AI............................... n/a 450 450 383 0 n/a 580 580 493 0

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

Kamchatka flounder............................. BSAI............................. 16,300 12,200 10,000 8,500 0 16,300 12,200 10,000 8,500 0

Flathead sole \6\.............................. BSAI............................. 81,500 67,900 22,699 20,270 2,429 80,100 66,700 22,543 20,131 2,412

Other flatfish \7\............................. BSAI............................. 17,800 13,300 3,500 2,975 0 17,800 13,300 4,000 3,400 0

Alaska plaice.................................. BSAI............................. 67,000 55,200 20,000 17,000 0 60,200 55,800 20,000 17,000 0

Pacific ocean perch............................ BSAI............................. 41,900 35,100 35,100 30,995 n/a 39,500 33,100 33,100 29,228 n/a

BS............................... n/a 8,130 8,130 6,911 0 n/a 7,680 7,680 6,528 0

EAI.............................. n/a 9,790 9,790 8,742 1,048 n/a 9,240 9,240 8,251 989

CAI.............................. n/a 6,980 6,980 6,233 747 n/a 6,590 6,590 5,885 705

WAI.............................. n/a 10,200 10,200 9,109 1,091 n/a 9,590 9,590 8,564 1,026

Northern rockfish.............................. BSAI............................. 12,200 9,850 3,000 2,550 0 12,000 9,320 3,000 2,550 0

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

Rougheye rockfish \8\.......................... BSAI............................. 462 378 378 321 0 524 429 429 365 0

EBS/EAI.......................... n/a 169 169 144 0 n/a 189 189 161 0

CAI/WAI.......................... n/a 209 209 178 0 n/a 240 240 204 0

Other rockfish \9\............................. BSAI............................. 1,540 1,159 873 742 0 1,540 1,159 1,159 985 0

BS............................... n/a 686 400 340 0 n/a 686 686 583 0

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

Skates......................................... BSAI............................. 45,800 38,800 24,000 20,400 0 44,100 37,300 25,000 21,250 0

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

Sharks......................................... BSAI............................. 1,360 1,020 100 85 0 1,360 1,020 100 85 0

Squids......................................... BSAI............................. 2,620 1,970 700 595 0 2,620 1,970 700 595 0

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

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TOTAL...................................... ................................. 4,028,465 2,639,317 2,000,000 1,790,512 197,004 4,205,287 2,697,498 2,000,000 1,788,646 196,381

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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,''

skates, sculpins, sharks, squids, 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.

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\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\ ``Flathead sole'' includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).

\7\ ``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.

\8\ ``Rougheye rockfish'' includes Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted).

\9\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, northern rockfish, dark rockfish, shortraker rockfish, 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.)

Table 1A--Comparison of Final 2013 and 2014 With Proposed 2013 and 2014 Total Allowable Catch in the BSAI

Amounts are in metric tons

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2013 2014

Species Area \1\ 2013 Final TAC 2013 Proposed Difference 2014 Final TAC 2014 Proposed Difference

TAC from proposed TAC from proposed

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Pollock........................... BS.................. 1,247,000 1,201,900 45,100 1,247,000 1,201,900 45,100

AI.................. 19,000 19,000 0 19,000 19,000 0

Bogoslof............ 100 500 -400 100 500 -400

Pacific cod....................... BSAI................ 260,000 262,900 -2,900 260,880 262,900 -2,020

Sablefish......................... BS.................. 1,580 2,200 -620 1,480 2,200 -720

AI.................. 2,140 2,020 120 2,010 2,020 -10

Atka mackerel..................... EAI/BS.............. 16,900 31,700 -14,800 16,500 31,700 -15,200

CAI................. 7,520 8,883 -1,363 7,379 8,883 -1,504

WAI................. 1,500 1,500 0 1,500 1,500 0

Yellowfin sole.................... BSAI................ 198,000 203,900 -5,900 198,000 203,900 -5,900

Rock sole......................... BSAI................ 92,380 87,000 5,380 92,000 87,000 5,000

Greenland turbot.................. BS.................. 1,610 6,010 -4,400 2,070 6,010 -3,940

AI.................. 450 2,020 -1,570 580 2,020 -1,440

Arrowtooth flounder............... BSAI................ 25,000 25,000 0 25,000 25,000 0

Kamchatka flounder................ BSAI................ 10,000 17,700 -7,700 10,000 17,700 -7,700

Flathead sole..................... BSAI................ 22,699 34,134 -11,435 22,543 34,134 -11,591

Other flatfish.................... BSAI................ 3,500 3,200 300 4,000 3,200 800

Alaska plaice..................... BSAI................ 20,000 24,000 -4,000 20,000 24,000 -4,000

Pacific ocean perch............... BS.................. 8,130 6,540 1,590 7,680 6,540 1,140

EAI................. 9,790 6,440 3,350 9,240 6,440 2,800

CAI................. 6,980 5,710 1,270 6,590 5,710 880

WAI................. 10,200 9,610 590 9,590 9,610 -20

Northern rockfish................. BSAI................ 3,000 4,700 -1,700 3,000 4,700 -1,700

Shortraker rockfish............... BSAI................ 370 393 -23 370 393 -23

Rougheye rockfish................. BS/EAI.............. 169 241 -72 189 241 -52

CAI/WAI............. 209 258 -49 240 258 -18

Other rockfish.................... BS.................. 400 500 -100 686 500 186

AI.................. 473 570 -97 473 570 -97

Skates............................ BSAI................ 24,000 24,746 -746 25,000 24,746 254

Sculpins.......................... BSAI................ 5,600 5,200 400 5,600 5,200 400

Sharks............................ BSAI................ 100 200 -100 100 200 -100

Squids............................ BSAI................ 700 425 275 700 425 275

Octopuses......................... BSAI................ 500 900 -400 500 900 -400

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).

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, hook-and-line and pot gear allocation of sablefish, and 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 TAC 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 TAC 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 2012. During this 14-year period, the pollock incidental catch ranged from a low of 2.3 percent in 2012

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to a high of 5 percent in 1999, with a 14-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 2012. During this 10-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 10-

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 (WAI) Pacific ocean perch, 75 mt of Central Aleutian District (CAI) Pacific ocean perch, 200 mt of Eastern Aleutian District (EAI) Pacific ocean perch, 40 mt of WAI Atka mackerel, 75 mt of CAI Atka mackerel, 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 2012.

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, provided 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 1 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 shortraker rockfish, rougheye rockfish, northern rockfish, Pacific ocean perch, ``other rockfish,'' skates, sculpins, sharks, and octopuses by 15 percent of the TAC in 2013 and 2014.

Table 2--Final 2013 and 2014 Apportionment of Reserves to ITAC Categories

Amounts are in metric tons

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2013 Reserve 2013 Final 2014 Reserve 2014 Final

Species-area or subarea 2013 ITAC amount ITAC 2014 ITAC amount ITAC

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Shortraker rockfish-BSAI................................ 315 56 370 315 56 370

Rougheye rockfish-EBS/EAI............................... 144 25 169 161 28 189

Rougheye rockfish-CAI/WAI............................... 178 31 209 204 36 240

Northern rockfish-BSAI.................................. 2,550 450 3,000 2,550 450 3,000

Pacific ocean perch-Bering Sea subarea.................. 6,911 1,220 8,130 6,528 1,152 7,680

Other rockfish-Bering Sea subarea....................... 340 60 400 583 103 686

Other rockfish-Aleutian Islands subarea................. 402 71 473 402 71 473

Skates-BSAI............................................. 20,400 3,600 24,000 21,250 3,750 25,000

Sculpins-BSAI........................................... 4,760 840 5,600 4,760 840 5,600

Sharks-BSAI............................................. 85 15 100 85 15 100

Octopuses-BSAI.......................................... 425 75 500 425 75 500

Total............................................... 36,508 6,443 42,951 37,262 6,576 43,838

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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 10 percent for the CDQ program and 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 2013 and 2014 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 4 lists the 2013 and 2014 allocations of pollock TAC. Tables 17 through 22 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 no more than 28 percent of the annual DFA before 12:00 noon, April 1, as provided in Sec. 679.20(a)(5)(i)(C). 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 2013 and 2014 amounts by sector.

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Table 3--Final 2013 and 2014 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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2013 A Season \1\ 2013 B 2014 A Season \1\ 2014 B

-------------------------- Season \1\ -------------------------- Season \1\

Area and sector 2013 SCA ------------- 2014 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.............................. 1,247,000 n/a n/a n/a 1,247,000 n/a n/a n/a

CDQ DFA......................................... 124,700 49,880 34,916 74,820 124,700 49,880 34,916 74,820

ICA \1\......................................... 33,669 n/a n/a n/a 33,669 n/a n/a n/a

AFA Inshore..................................... 544,316 217,726 152,408 326,589 544,316 217,726 152,408 326,589

AFA Catcher/Processors \3\...................... 435,452 174,181 121,927 261,271 435,452 174,181 121,927 261,271

Catch by C/Ps................................... 398,439 159,376 n/a 239,063 398,439 159,376 n/a 239,063

Catch by CVs \3\................................ 37,013 14,805 n/a 22,208 37,013 14,805 n/a 22,208

Unlisted C/P Limit \4\.......................... 2,177 871 n/a 1,306 2,177 871 n/a 1,306

AFA Motherships................................. 108,863 43,545 30,482 65,318 108,863 43,545 30,482 65,318

Excessive Harvesting Limit \5\.................. 190,510 n/a n/a n/a 190,510 n/a n/a n/a

Excessive Processing Limit \6\.................. 326,589 n/a n/a n/a 326,589 n/a n/a n/a

Total Bering Sea DFA........................ 1,088,631 435,452 304,817 653,179 1,088,631 435,452 304,817 653,179

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 13,360 n/a 2,140 15,500 14,360 n/a 1,140

Bogoslof District ICA \7\....................... 100 n/a n/a n/a 100 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.

\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 in 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. 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 approves, a 0.5 percent allocation of the Atka mackerel ITAC in the EAI and BS subarea to the jig gear sector in 2013 and 2014. 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 TAC is set to account for discards in other fisheries. Section 679.20(a)(8)(ii)(A) apportions the Atka mackerel TAC 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 ICA and jig gear 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 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 2013 and 2014 Atka mackerel season and area allowances, as well as the sector allocations. The 2014 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, 2013. NMFS will post 2014 Amendment 80 allocations when they become available in December 2013.

Page 13819

Table 4--Final 2013 and 2014 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

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

2013 allocation by area 2014 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.......................... 16,900 7,520 1,500 16,500 7,379 1,500

CDQ reserve................................ Total........................ 1,808 805 161 1,766 790 161

A............................ 904 402 80 883 395 80

Critical Habitat \5\......... n/a 40 n/a n/a 39 n/a

B............................ 904 402 80 883 395 80

Critical Habitat \5\......... n/a 40 n/a n/a 39 n/a

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

Jig \6\.................................... Total........................ 70 0 0 69 0 0

BSAI trawl limited access.................. Total........................ 1,402 664 0 1,367 651 0

A............................ 701 332 0 683 326 0

B............................ 701 332 0 683 326 0

Amendment 80 sectors....................... Total........................ 12,619 5,976 1,300 12,299 5,863 1,300

A............................ 6,310 2,988 650 6,150 2,932 650

B............................ 6,310 2,988 650 6,150 2,932 650

Alaska Groundfish Cooperative \7\.......... Total \7\.................... 7,271 3,563 783 n/a n/a n/a

A............................ 3,636 1,782 392 n/a n/a n/a

Critical Habitat \5\......... n/a 178 n/a n/a n/a n/a

B............................ 3,636 1,782 392 n/a n/a n/a

Critical Habitat \5\......... n/a 178 n/a n/a n/a n/a

Alaska Seafood Cooperative \7\............. Total \7\.................... 5,348 2,414 517 n/a n/a n/a

A............................ 2,674 1,207 259 n/a n/a n/a

Critical Habitat \5\......... n/a 121 n/a n/a n/a n/a

B............................ 2,674 1,207 259 n/a n/a n/a

Critical Habitat \5\......... n/a 121 n/a n/a n/a n/a

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

\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting 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.

\7\ The 2014 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, 2013. NMFS will post 2014 Amendment 80 allocations when they become available in

December 2013.

Note: Seasonal or sector apportionments may not total precisely due to rounding.

Allocation of the Pacific Cod ITAC

Sections 679.20(a)(7)(i) and (ii) 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 2013 and 2014, 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 2014 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, 2013. NMFS will post 2014 Amendment 80 allocations when they become available in December 2013.

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 2013 and 2014 Pacific cod TACs are listed in Tables 5 and 6, 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

Page 13820

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 5--Final 2013 Gear Shares and Seasonal Allowances of the BSAI Pacific Cod TAC

Amounts are in metric tons

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

2013 Share 2013 Seasonal apportionment

of gear 2013 Share of ----------------------------------

Gear sector Percent sector sector total

total Seasons Amount

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

Total TAC.......................... 100 260,000 n/a n/a................... n/a

CDQ................................ 10.7 27,820 n/a see Sec. n/a

679.20(a)(7)(i)(B).

Total hook-and-line/pot gear....... 60.8 141,165 n/a n/a................... n/a

Hook-and-line/pot ICA \1\.......... n/a 500 n/a see Sec. n/a

679.20(a)(7)(ii)(B).

Hook-and-line/pot sub-total........ n/a 140,665 n/a n/a................... n/a

Hook-and-line catcher/processor.... 48.7 n/a 112,671 Jan 1-Jun 10.......... 57,462

Jun 10-Dec 31......... 55,209

Hook-and-line catcher vessel 0.2 n/a 463 Jan 1-Jun 10.......... 236

gteqt 60 ft LOA.

Jun 10-Dec 31......... 227

Pot catcher/processor.............. 1.5 n/a 3,470 Jan 1-Jun 10.......... 1,770

Sept 1-Dec 31......... 1,700

Pot catcher vessel >= 60 ft LOA.... 8.4 n/a 19,434 Jan 1-Jun 10.......... 9,911

Sept 1-Dec 31......... 9,523

Catcher vessel = 60 ft LOA.

Jun 10-Dec 31......... 228

Pot catcher/processor.............. 1.5 n/a 3,482 Jan 1-Jun 10.......... 1,776

Sept 1-Dec 31......... 1,706

Pot catcher vessel = 60 8.4 n/a 19,500 Jan 1-Jun 10.......... 9,945

ft LOA.

Sept 1-Dec 31......... 9,555

Catcher vessel Alternative 1: Set TAC to produce fishing mortality rates, F, that are equal to maxFABC, unless the sum of the TAC is constrained by the OY established in the FMPs. This is equivalent to setting TAC to produce harvest levels equal to the maximum permissible ABC, 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, TAC would be set to produce harvest levels equal to the most recent 5-year average actual fishing mortality rates. For stocks with insufficient scientific information, TAC would be set equal to the most recent 5-year average actual catch. This alternative recognizes that for some stocks, catches may fall well below ABC, and recent average F may provide a better indicator of actual F than FABC does.

Alternative 4: (1) Set TAC for rockfish species in Tier 3 at F75%. Set TAC for rockfish species in Tier 5 at F=0.5M. Set spatially explicit TAC for shortraker and rougheye rockfish in the BSAI. (2) Taking the rockfish TAC as calculated above, reduce all other TAC by a proportion that does not vary across species, so that the sum of all TAC, including rockfish TAC, is equal to the lower bound of the area OY (1,400,000 mt in the BSAI). This alternative sets conservative and spatially explicit TAC for rockfish species that are long-lived and late to mature, and sets conservative TAC for the other groundfish species.

Alternative 5: Set TAC at zero.

Alternative 2 is the preferred alternative chosen by the Council:

Set TAC that fall within the range of ABC 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 TAC that has been used in the past.

Alternatives 1, 3, 4, and 5 do not 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 of Commerce did so in 2007. Alternative 1 would lead to TAC limits 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 2013 and 2014 would be 2,639,317 and 2,697,498 million mt, respectively. Both of these are substantially in excess of the fishery OY for the BSAI. This result 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 5 years' worth of harvest rates (for species in Tiers 1 through 3) or for the most recent 5 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 into account the most recent biological information for this fishery.

Alternative 4 would lead to significantly lower harvests of all species to reduce TAC from the upper end of the OY range in the BSAI, to its lower end. This result 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 NMFS has 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 2012, and Council consideration and recommendations occurred in December 2012. Accordingly, NMFS review could not begin until after the December 2012 Council meeting, and after the public had time to comment upon the proposed action. If this rule's effectiveness is delayed, fisheries that might otherwise remain open under these rules may prematurely close based on the lower 2012 and 2013 harvest specifications (77 FR 10669, February 23, 2012). If implemented immediately, this rule would allow these fisheries to continue fishing without worrying about a potential closure, because the new TAC limits 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, skates, sculpins, sharks, and octopuses,

Page 13834

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 TAC limits 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 to 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 sectors without sideboard limits. Moreover, the new TAC and sideboard limits protect the fisheries from being overfished. Thus, the delay is contrary to the public interest in protecting traditional fisheries and fish stocks.

If the final harvest specifications are not effective by March 23, 2013, which is the start of the 2013 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 2013 and 2014 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 2013 ABC and TAC limits than those established in the 2012 and 2013 harvest specifications (77 FR 10669, February 23, 2012). 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 2013 and 2014 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 2013 and 2014 fishing years and to accomplish the goals and objectives of the FMP. This action directly 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.

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 25, 2013.

Alan D. Risenhoover,

Director, Office of Sustainable Fisheries, performing the functions and duties of the Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

FR Doc. 2013-04822 Filed 2-28-13; 8:45 am

BILLING CODE 3510-22-P

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