Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; 2015 and 2016 Harvest Specifications for Groundfish
Federal Register, Volume 80 Issue 43 (Thursday, March 5, 2015)
Federal Register Volume 80, Number 43 (Thursday, March 5, 2015)
Rules and Regulations
Pages 11919-11945
From the Federal Register Online via the Government Printing Office www.gpo.gov
FR Doc No: 2015-05041
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
Docket No. 141021887-5172-02
RIN 0648-XD587
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; 2015 and 2016 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 2015 and 2016 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 2015 and 2016 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 5, 2015, through 2400 hrs, A.l.t., December 31, 2016.
ADDRESSES: Electronic copies of the Alaska Groundfish Harvest Specifications Final Environmental Impact Statement (EIS), Record of Decision (ROD), Supplementary Information Report (SIR) to the EIS, and the Final Regulatory Flexibility Analysis (FRFA) prepared for this action are available from http://alaskafisheries.noaa.gov. The final 2014 Stock Assessment and Fishery Evaluation (SAFE) report for the groundfish resources of the BSAI, dated November 2014, 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://www.npfmc.org/.
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 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)). This final rule specifies the TAC at 2.0 million mt for both 2015 and 2016. 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 2015 and 2016 harvest specifications and PSC allowances for the groundfish fishery of the BSAI were published in the Federal Register on December 8, 2014 (79 FR 72571). Comments were invited and accepted through January 7, 2015. NMFS received five letters with 13 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 2015 and 2016 harvest specifications during the December 2014 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 2015 and 2016 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 2014, the Scientific and Statistical Committee (SSC), Advisory Panel (AP), and Council reviewed current biological and harvest information about the condition of the BSAI groundfish stocks. The Council's Plan Team compiled and presented this information in the final 2014 SAFE report for the BSAI groundfish fisheries, dated November 2014 (see ADDRESSES). 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. From these data and analyses, the Plan Team recommended an OFL and ABC for each species or
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species category at the November 2014 Plan Team meeting.
In December 2014, the SSC, AP, and Council reviewed the Plan Team's recommendations. 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 2015 or 2016 exceeds the final 2015 or 2016 ABCs for any species category. The Secretary of Commerce approves the final 2015 and 2016 harvest specifications as recommended by the Council. NMFS finds that the Council's recommended OFLs, ABCs, and TACs are consistent with the preferred harvest strategy and the biological condition of groundfish stocks as described in the 2014 SAFE report that was approved by the Council.
Other Actions Potentially Affecting the 2015 and 2016 Harvest Specifications
A final rule implementing Steller sea lion protection measures in the BSAI became effective on December 26, 2014 (79 FR 70286, November 25, 2014). These regulations insure that the western distinct population segment of Steller sea lions' continued existence is not jeopardized or its critical habitat is not destroyed or adversely modified. These regulations alter areas open for directed fishing in the Aleutian Islands subarea of the BSAI. They also alter the harvest limitation in these harvest specifications for pollock, Atka mackerel, and Pacific cod primarily in the Aleutian Islands subarea of the BSAI. The proposed harvest specifications notified the public of possible changes to the harvest specification limits. Changes to the pollock, Atka mackerel, and Pacific cod harvest specifications that are required by the rule implementing the protection measures are described in the section for each of these target species.
For 2015, the Board of Fisheries (BOF) for the State of Alaska (State) established a Pacific cod guideline harvest level (GHL) in State waters between 164 and 167 degrees west longitude in the Bering Sea (BS) subarea. The Pacific cod GHL in this area is equal to 3 percent of the sum of the Pacific cod ABCs for the Aleutian Islands (AI) and the BS. To account for the State GHL fishery in 2015 and 2016, the Council reduced the final BS subarea TAC by 3 percent of the combined BS and AI subarea ABCs. The combined BS subarea TAC and GHL (248,178 mt) are less than the final BS subarea ABC.
For 2015, the BOF for the State established a Pacific cod GHL in State waters in the AI subarea. The Pacific cod GHL in this area is equal to 3 percent of the sum of the Pacific cod ABCs for the AI and the BS. To account for the State GHL fishery in 2015 and 2016, the Council reduced the final AI subarea TAC by 3 percent of the combined BS and AI subarea ABCs. The combined AI TAC and GHL (17,600 mt) equal the final AI subarea ABC.
Changes From the Proposed 2015 and 2016 Harvest Specifications for the BSAI
In October 2014, the Council proposed its recommendations for the 2015 and 2016 harvest specifications (which were proposed by NMFS, 79 FR 72571, December 8, 2014), based largely on information contained in the 2013 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 2014 SAFE report, recommendations from the Plan Team, SSC, and AP committees, and public testimony when making its recommendations for final harvest specifications 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 2014 SAFE reports indicates biomass changes for several groundfish species from the 2013 SAFE reports. At the December 2014 Council meeting, the SSC recommended the 2015 and 2016 ABCs for many species based on the best and most recent information contained in the 2014 SAFE reports. This recommendation resulted in an ABC sum total for all BSAI groundfish species in excess of 2 million mt for both 2015 and 2016. Based on the SSC ABC recommendations and the 2014 SAFE reports, the Council recommends increasing Bering Sea pollock by 52,000 mt. In terms of percentage, the largest increases in TACs were for Central Aleutian district (CAI) Atka mackerel and Western Aleutian district (WAI) Atka mackerel, octopuses, and Aleutian Island Pacific cod. The Atka mackerel fisheries are valuable and likely to be harvested to the full TAC available. The Council increased these TACs due to changes in Steller sea lion conservation measures. The octopuses increase was due to anticipated higher catches in 2015 and 2016, and the increase in Aleutian Islands Pacific cod was due to larger biomass estimates. Conversely, the largest decrease in TAC in terms of tonnage is 38,000 mt for yellowfin sole and 15,750 for rock sole. In terms of percentage change from the proposed TACs, Aleutian Island Greenland turbot and shortraker rockfish had the largest decreases in TAC. The Council decreased TACs for these species because they were not fully harvested in 2014. 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 2015 OFL, ABC, TAC, initial TAC (ITAC), and CDQ reserve amounts of the BSAI groundfish; and Table 2 lists the Council's recommended final 2016 OFL, ABC, TAC, initial TAC, and CDQ reserve amounts of the BSAI groundfish. NMFS concurs in these recommendations. The final 2015 and 2016 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 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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2015
Species Area -------------------------------------------------------------------------------
OFL ABC TAC ITAC \2\ CDQ \3\
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Pollock \4\............................... BS.......................... 3,330,000 1,637,000 1,310,000 1,179,000 131,000
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AI.......................... 36,005 29,659 19,000 17,100 1,900
Bogoslof.................... 21,200 15,900 100 100 0
Pacific cod \5\........................... BS.......................... 346,000 255,000 240,000 214,320 25,680
AI.......................... 23,400 17,600 9,422 8,414 1,008
Sablefish................................. BS.......................... 1,575 1,333 1,333 567 183
AI.......................... 2,128 1,802 1,802 383 304
Yellowfin sole............................ BSAI........................ 266,400 248,800 149,000 133,057 15,943
Greenland turbot.......................... BSAI........................ 3,903 3,172 2,648 2,251 n/a
BS.......................... n/a 2,448 2,448 2,081 262
AI.......................... n/a 724 200 170 0
Arrowtooth flounder....................... BSAI........................ 93,856 80,547 22,000 18,700 2,354
Kamchatka flounder........................ BSAI........................ 10,500 9,000 6,500 5,525 0
Rock sole................................. BSAI........................ 187,600 181,700 69,250 61,840 7,410
Flathead sole \6\......................... BSAI........................ 79,419 66,130 24,250 21,655 2,595
Alaska plaice............................. BSAI........................ 54,000 44,900 18,500 15,725 0
Other flatfish \7\........................ BSAI........................ 17,700 13,250 3,620 3,077 0
Pacific ocean perch....................... BSAI........................ 42,558 34,988 32,021 28,250 n/a
BS.......................... n/a 8,771 8,021 6,818 0
EAI......................... n/a 8,312 8,000 7,144 856
CAI......................... n/a 7,723 7,000 6,251 749
WAI......................... n/a 10,182 9,000 8,037 963
Northern rockfish......................... BSAI........................ 15,337 12,488 3,250 2,763 0
Rougheye rockfish \8\..................... BSAI........................ 560 453 349 297 0
BS/EAI...................... n/a 149 149 127 0
CAI/WAI..................... n/a 304 200 170 0
Shortraker rockfish....................... BSAI........................ 690 518 250 213 0
Other rockfish \9\........................ BSAI........................ 1,667 1,250 880 748 0
BS.......................... n/a 695 325 276 0
AI.......................... n/a 555 555 472 0
Atka mackerel............................. BSAI........................ 125,297 106,000 54,500 48,669 5,832
BS/EAI...................... n/a 38,492 27,000 24,111 2,889
CAI......................... n/a 33,108 17,000 15,181 1,819
WAI......................... n/a 34,400 10,500 9,377 1,124
Skates.................................... BSAI........................ 49,575 41,658 25,700 21,845 0
Sculpins.................................. BSAI........................ 52,365 39,725 4,700 3,995 0
Sharks.................................... BSAI........................ 1,363 1,022 125 106 0
Squids.................................... BSAI........................ 2,624 1,970 400 340 0
Octopuses................................. BSAI........................ 3,452 2,589 400 340 0
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Total................................. 4,769,174................... 2,848,454 2,000,000 1,789,278 197,038
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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 pollock directed 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 (2,400
mt) is allocated to the Aleut Corporation for a pollock directed fishery.
\5\ The BS Pacific cod TAC is reduced by 3 percent from the combined BSAI ABC to account for the State of Alaska's (State) guideline harvest level in
State waters of the Bering Sea subarea. The AI Pacific cod TAC is reduced by 3 percent from the combined BSAI ABC to account for the 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 district, CAI=Central Aleutian district, WAI=Western Aleutian district.)
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Table 1A--Comparison of Final 2015 and 2016 With Proposed 2015 and 2016 Total Allowable Catch in the BSAI
Amounts are in metric tons
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2015 2016
Species Area \1\ 2015 Final TAC 2015 Proposed Difference 2016 Final TAC 2016 Proposed Difference
TAC from proposed TAC from proposed
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Pollock........................... BS.................. 1,310,000 1,258,000 52,000 1,310,000 1,258,000 52,000
AI.................. 19,000 19,000 0 19,000 19,000 0
Bogoslof............ 100 75 25 100 75 25
Pacific cod....................... BS.................. 240,000 251,712 -11,712 240,000 251,712 -11,712
AI.................. 9,422 6,487 2,935 9,422 6,487 2,935
Sablefish......................... BS.................. 1,333 1,210 123 1,211 1,210 1
AI.................. 1,802 1,636 166 1,637 1,636 1
Yellowfin sole.................... BSAI................ 149,000 187,000 -38,000 149,000 187,000 -38,000
Greenland turbot.................. BS.................. 2,448 2,478 -30 2,448 2,478 -30
AI.................. 200 695 -495 200 695 -495
Arrowtooth flounder............... BSAI................ 22,000 25,000 -3,000 22,000 25,000 -3,000
Kamchatka flounder................ BSAI................ 6,500 7,300 -800 6,500 7,300 -800
Rock sole......................... BSAI................ 69,250 85,000 -15,750 69,250 85,000 -15,750
Flathead sole..................... BSAI................ 24,250 25,129 -879 24,250 25,129 -879
Alaska plaice..................... BSAI................ 18,500 25,000 -6,500 18,500 25,000 -6,500
Other flatfish.................... BSAI................ 3,620 3,000 620 3,620 3,000 620
Pacific ocean perch............... BS.................. 8,021 7,340 681 8,021 7,340 681
EAI................. 8,000 8,833 -833 7,970 8,833 -863
CAI................. 7,000 6,299 701 7,000 6,299 701
WAI................. 9,000 9,169 -169 9,000 9,169 -169
Northern rockfish................. BSAI................ 3,250 3,000 250 3,250 3,000 250
Rougheye rockfish................. BS/EAI.............. 149 201 -52 149 201 -52
CAI/WAI............. 200 277 -77 200 277 -77
Shortraker rockfish............... BSAI................ 250 370 -120 250 370 -120
Other rockfish.................... BS.................. 325 400 -75 325 400 -75
AI.................. 555 473 82 555 473 82
Atka mackerel..................... EAI/BS.............. 27,000 21,769 5,231 27,317 21,769 5,548
CAI................. 17,000 9,722 7,278 17,000 9,722 7,278
WAI................. 10,500 1,000 9,500 10,500 1,000 9,500
Skates............................ BSAI................ 25,700 26,000 -300 25,700 26,000 -300
Sculpins.......................... BSAI................ 4,700 5,750 -1,050 4,700 5,750 -1,050
Sharks............................ BSAI................ 125 125 0 125 125 0
Squid............................. BSAI................ 400 325 75 400 325 75
Octopuses......................... BSAI................ 400 225 175 400 225 175
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Total......................... BSAI................ 2,000,000 2,000,000 0 2,000,000 2,000,000 0
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\1\ Bering Sea subarea (BS), Aleutian Islands subarea (AI), Bering Sea and Aleutian Islands management area (BSAI), Eastern Aleutian District (EAI),
Central Aleutian District (CAI), and Western Aleutian District (WAI).
Table 2--Final 2016 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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2016
Species Area -------------------------------------------------------------------------------
OFL ABC TAC ITAC \2\ CDQ \3\
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Pollock \4\........................ BS................... 3,490,000 1,554,000 1,310,000 1,179,000 131,000
AI................... 38,699 31,900 19,000 17,100 1,900
Bogoslof............. 21,200 15,900 100 100 0
Pacific cod \5\.................... BS................... 389,000 255,000 240,000 214,320 25,680
AI................... 23,400 17,600 9,422 8,414 1,008
Sablefish.......................... BS................... 1,431 1,211 1,211 515 45
AI................... 1,934 1,637 1,637 348 31
Yellowfin sole..................... BSAI................. 262,900 245,500 149,000 133,057 15,943
BSAI................. 6,453 5,248 2,648 2,251 n/a
Greenland turbot................... BS................... n/a 4,050 2,448 2,081 262
AI................... n/a 1,198 200 170 0
Arrowtooth flounder................ BSAI................. 91,663 78,661 22,000 18,700 2,354
Kamchatka flounder................. BSAI................. 11,000 9,500 6,500 5,525 0
Rock sole.......................... BSAI................. 170,100 164,800 69,250 61,840 7,410
Flathead sole \6\.................. BSAI................. 76,504 63,711 24,250 21,655 2,595
Alaska plaice...................... BSAI................. 51,600 42,900 18,500 15,725 0
Other flatfish \7\................. BSAI................. 17,700 13,250 3,620 3,077 0
BSAI................. 40,809 33,550 31,991 28,223 n/a
BS................... n/a 8,411 8,021 6,818 0
Pacific ocean perch................ EAI.................. n/a 7,970 7,970 7,117 853
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CAI.................. n/a 7,406 7,000 6,251 749
WAI.................. n/a 9,763 9,000 8,037 963
Northern rockfish.................. BSAI................. 15,100 12,295 3,250 2,763 0
BSAI................. 688 555 349 297 0
Rougheye rockfish \8\.............. EBS/EAI.............. n/a 178 149 127 0
CAI/WAI.............. n/a 377 200 170 0
Shortraker rockfish................ BSAI................. 690 518 250 213 0
BSAI................. 1,667 1,250 880 748 0
Other rockfish \9\................. BS................... n/a 695 325 276 0
AI................... n/a 555 555 472 0
BSAI................. 115,908 98,137 54,817 48,952 5,865
Atka mackerel...................... EAI/BS............... n/a 35,637 27,317 24,394 2,923
CAI.................. n/a 30,652 17,000 15,181 1,819
WAI.................. n/a 31,848 10,500 9,377 1,124
Skates............................. BSAI................. 47,035 39,468 25,700 21,845 0
Sculpins........................... BSAI................. 52,365 39,725 4,700 3,995 0
Sharks............................. BSAI................. 1,363 1,022 125 106 0
Squids............................. BSAI................. 2,624 1,970 400 340 0
Octopuses.......................... BSAI................. 3,452 2,589 400 340 0
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Total.......................... ..................... 4,935,285 2,731,897 2,000,000 1,789,447 196,658
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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 pollock directed 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 (2,400
mt) is allocated to the Aleut Corporation for a pollock directed fishery.
\5\ The BS Pacific cod TAC is reduced by 3 percent from the combined BSAI ABC to account for the State of Alaska's (State) guideline harvest level in
State waters of the Bering Sea subarea. The AI Pacific cod TAC is reduced by 3 percent from the combined BSAI ABC to account for the 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 district,
CAI=Central Aleutian district, WAI=Western Aleutian district.)
Groundfish Reserves and the Incidental Catch Allowance (ICA) for Pollock, Atka Mackerel, Flathead Sole, Rock Sole, Yellowfin Sole, and Aleutian Islands Pacific Ocean Perch
Section 679.20(b)(1)(i) requires NMFS to reserve 15 percent of the TAC for each target species, except for pollock, 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 NMFS allocate 20 percent of the hook-and-line and pot gear allocation of sablefish for the fixed-gear sablefish CDQ reserve. Section 679.20(b)(1)(ii)(D) requires that NMFS 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. Section 679.20(b)(1)(ii)(C) requires that NMFS 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 TACs be allocated to the pollock CDQ directed fishing allowance (DFA). The entire Bogoslof District pollock TAC is allocated as an ICA (see Sec. 679.20(a)(5)(ii)). With the exception of the hook-and-line and pot gear sablefish CDQ reserve, the regulations do not further apportion the CDQ allocations by gear.
Pursuant to Sec. 679.20(a)(5)(i)(A)(1), NMFS allocates a pollock ICA of 4.0 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 2000 through 2014. During this 15-year period, the pollock incidental catch ranged from a low of 2.4 percent in 2006 to a high of 4.8 percent in 2014, with a
Page 11924
15-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 2,400 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 2014. During this 12-year period, the incidental catch of pollock ranged from a low of 5 percent in 2006 to a high of 17 percent in 2014, with an 11-year average of 8 percent.
Pursuant to Sec. 679.20(a)(8) and (10), NMFS allocates ICAs of 5,000 mt of flathead sole, 8,000 mt of rock sole, 5,000 mt of yellowfin sole, 10 mt of WAI Pacific ocean perch, 75 mt of CAI Pacific ocean perch, 100 mt of 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 2014.
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 that contributed to the non-
specified reserves 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 3 from the non-specified reserve to increase the ITAC for shortraker rockfish, rougheye rockfish, ``other rockfish,'' sharks, and octopuses by 15 percent of the TAC in 2015 and 2016.
Table 3--Final 2015 and 2016 Apportionment of Reserves to ITAC Categories
Amounts are in metric tons
--------------------------------------------------------------------------------------------------------------------------------------------------------
2015 reserve 2015 final 2016 reserve 2016 final
Species-area or subarea 2015 ITAC amount ITAC 2016 ITAC amount ITAC
--------------------------------------------------------------------------------------------------------------------------------------------------------
Shortraker rockfish-BSAI................................ 213 37 250 213 37 250
Rougheye rockfish-BS/EAI................................ 127 22 149 127 22 149
Rougheye rockfish-CAI/WAI............................... 170 30 200 170 30 200
Other rockfish-Bering Sea subarea....................... 276 49 325 276 49 325
Other rockfish-Aleutian Islands subarea................. 472 83 555 472 83 555
Sharks.................................................. 106 19 125 106 19 125
Octopuses............................................... 340 60 400 340 60 400
-----------------------------------------------------------------------------------------------
Total............................................... 1,704 300 2,004 1,704 300 2,004
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 4.0 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 2,400 mt for the ICA (Sec. 679.20(a)(5)(iii)(B)(2)(ii)). In the AI subarea, the total A season apportionment of the TAC is less than or equal to 40 percent of the ABC and the remainder of the TAC is allocated to the B season. Tables 4 and 5 list these 2015 and 2016 amounts.
The Steller sea lion protection measure final rule (79 FR 70286, November 25, 2014), sets harvest limits for pollock in the A season (January 20 to June 10) in Areas 543, 542, and 541, see Sec. 679.20(a)(5)(iii)(B)(6). In Area 543, the A season pollock harvest limit is no more than 5 percent of the Aleutian Islands pollock ABC. In Area 542, the A season pollock harvest limit is no more than 15 percent of the Aleutian Islands ABC. In Area 541, the A season pollock harvest limit is no more than 30 percent of the Aleutian Islands ABC.
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. Tables 4 and 5 list the 2015 and 2016 allocations of pollock TAC. Tables 21 through 26 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.
Tables 4 and 5 also list 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. Tables 4 and 5 list these 2015 and 2016 amounts by sector.
Page 11925
Table 4--Final 2015 Allocations of Pollock TACS to the Directed Pollock Fisheries and to the CDQ Directed
Fishing Allowances (DFA) \1\
Amounts are in metric tons
----------------------------------------------------------------------------------------------------------------
2015 A season \1\ 2015 B season
2015 -------------------------------- \1\
Area and sector Allocations SCA harvest ---------------
A season DFA limit \2\ B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\...................... 1,310,000 n/a n/a n/a
CDQ DFA......................................... 131,000 52,400 36,680 78,600
ICA \1\......................................... 47,160 n/a n/a n/a
AFA Inshore..................................... 565,920 226,368 158,458 339,552
AFA Catcher/Processors \3\...................... 452,736 181,094 126,766 271,642
Catch by C/Ps............................... 414,253 165,701 n/a 248,552
Catch by CVs \3\............................ 38,483 15,393 n/a 23,090
Unlisted C/P Limit \4\...................... 2,264 905 n/a 1,358
AFA Motherships................................. 113,184 45,274 31,692 67,910
Excessive Harvesting Limit \5\.................. 198,072 n/a n/a n/a
Excessive Processing Limit \6\.................. 339,552 n/a n/a n/a
Total Bering Sea DFA............................ 1,131,840 452,736 316,915 679,104
Aleutian Islands subarea ABC.................... 29,659 n/a n/a n/a
Aleutian Islands subarea TAC \1\................ 19,000 n/a n/a n/a
CDQ DFA......................................... 1,900 760 n/a 1,140
ICA............................................. 2,400 1,200 n/a 1,200
Aleut Corporation............................... 14,700 9,904 n/a 4,796
Area harvest limit:
541......................................... 8,898 n/a n/a n/a
542......................................... 4,449 n/a n/a n/a
543......................................... 1,483 n/a n/a n/a
Bogoslof District ICA \7\....................... 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 (4.0 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 (2,400 mt), is
allocated to the Aleut Corporation for a pollock directed 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 pollock directed 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\ Pursuant to Sec. 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
Area 541 no more than 30 percent, in Area 542 no more than 15 percent, and in Area 543 no more than 5 percent
of the Aleutian Islands pollock ABC.
\8\ 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.
Table 5--Final 2016 Allocations of Pollock TACS to the Directed Pollock Fisheries and to the CDQ Directed
Fishing Allowances (DFA) \1\
Amounts are in metric tons
----------------------------------------------------------------------------------------------------------------
2016 A season \1\ 2016 B season
2016 -------------------------------- \1\
Area and sector Allocations SCA harvest ---------------
A season DFA limit \2\ B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\...................... 1,310,000 n/a n/a n/a
CDQ DFA......................................... 131,000 52,400 36,680 78,600
ICA \1\......................................... 47,160 n/a n/a n/a
AFA Inshore..................................... 565,920 226,368 158,458 339,552
AFA Catcher/Processors \3\...................... 452,736 181,094 126,766 271,642
Catch by C/Ps............................... 414,253 165,701 n/a 248,552
Catch by CVs \3\............................ 38,483 15,393 n/a 23,090
Unlisted C/P Limit \4\...................... 2,264 905 n/a 1,358
AFA Motherships................................. 113,184 45,274 31,692 67,910
Excessive Harvesting Limit \5\.................. 198,072 n/a n/a n/a
Excessive Processing Limit \6\.................. 339,552 n/a n/a n/a
Total Bering Sea DFA............................ 1,131,840 452,736 316,915 679,104
Aleutian Islands subarea ABC.................... 31,900 n/a n/a n/a
Aleutian Islands subarea TAC \1\................ 19,000 n/a n/a n/a
Page 11926
CDQ DFA......................................... 1,900 760 n/a 1,140
ICA............................................. 2,400 1,200 n/a 1,200
Aleut Corporation............................... 14,700 10,800 n/a 3,900
Area harvest limit: \7\
541......................................... 9,570 n/a n/a n/a
542......................................... 4,785 n/a n/a n/a
543......................................... 1,595 n/a n/a n/a
Bogoslof District ICA \8\....................... 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 (4.0 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 (2,400 mt), is
allocated to the Aleut Corporation for a pollock directed 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 pollock directed 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.
\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\ Pursuant to Sec. 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
Area 541 no more than 30 percent, in Area 542 no more than 15 percent, and in Area 543 no more than 5 percent
of the Aleutian Islands pollock ABC.
\8\ 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 (Tables 6 and 7). 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 EAI and the BS subarea Atka mackerel ITAC may be allocated to vessels using 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 approves, a 0.5 percent allocation of the Atka mackerel ITAC in the EAI and BS subarea to the jig gear sector in 2015 and 2016. This percentage is applied to the Atka mackerel TAC after subtracting the CDQ reserve and the ICA.
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 December 31 (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) limits Atka mackerel catch within waters 0 nm to 20 nm of Steller sea lion sites listed in Table 6 to this part and located west of 178deg W longitude to no more than 60 percent of the annual TACs in Areas 542 and 543; and equally divides the annual TAC between the A and B seasons as defined at Sec. 679.23(e)(3). Section 679.20(a)(8)(ii)(C)(2) requires the annual TAC in Area 543 will be no more than 65 percent of the ABC in Area 543. Section 679.20(a)(8)(ii)(D) requires that any unharvested Atka mackerel A season allowance that is added to the B season be prohibited from being harvested within waters 0 nm to 20 nm of Steller sea lion sites listed in Table 6 to this part and located in Areas 541, 542, and 543.
Tables 6 and 7 list these 2015 and 2016 Atka mackerel seasons, area allowances, and the sector allocations. The 2016 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, 2015.
Page 11927
Table 6--Final 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
----------------------------------------------------------------------------------------------------------------
2015 allocation by area
-----------------------------------------------
Eastern
Sector \1\ Season 2 3 4 Aleutian Central Western
District/ Aleutian Aleutian
Bering Sea District \5\ District
----------------------------------------------------------------------------------------------------------------
TAC................................... n/a..................... 27,000 17,000 10,500
CDQ reserve........................... Total................... 2,889 1,819 1,124
A....................... 1,445 910 562
Critical Habitat........ n/a 546 337
B....................... 1,445 910 562
Critical Habitat........ n/a 546 337
ICA................................... Total................... 1,000 75 40
Jig \6\............................... Total................... 116 0 0
BSAI trawl limited access............. Total................... 2,300 1,511 0
A....................... 1,150 755 0
Critical Habitat........ n/a 453 0
B....................... 1,150 755 0
Critical Habitat........ n/a 453 0
Amendment 80 sectors.................. Total................... 20,696 13,595 9,337
A....................... 10,348 6,798 4,668
B....................... 10,348 6,798 4,668
Alaska Groundfish Cooperative......... Total \6\............... 11,616 8,116 5,742
A....................... 5,808 4,058 2,871
Critical Habitat........ n/a 2,435 1,723
B....................... 5,808 4,058 2,871
Critical Habitat........ n/a 2,435 1,723
Alaska Seafood Cooperative............ Total \6\............... 9,080 5,479 3,594
A....................... 4,540 2,740 1,797
Critical Habitat........ n/a 1,644 1,078
B....................... 4,540 2,740 1,797
Critical Habitat........ n/a 1,644 1,078
----------------------------------------------------------------------------------------------------------------
\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 December 31.
\5\ Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to
be caught inside of critical habitat; (a)(ii)(C)(1)(ii) equally divides the annual TACs between the A and B
seasons as defined at Sec. 679.23(e)(3); and (a)(8)(ii)(C)(2) requires the TAC in Area 543 shall be no more
than 65 percent of ABC.
\6\ Section 679.20(a)(8)(i) requires that up to 2 percent of the Eastern Aleutian District and the Bering Sea
subarea TAC be allocated to jig gear after subtracting the CDQ reserve and ICA. The amount of this allocation
is 0.5 percent. The jig gear allocation is not apportioned by season.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Table 7--Final 2016 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch Allowance, and
Amendment 80 Allocation of the BSAI ATKA Mackerel TAC
Amounts are in metric tons
----------------------------------------------------------------------------------------------------------------
2016 allocation by area
-----------------------------------------------
Eastern
Sector \1\ Season 2 3 4 Aleutian Central Western
District/ Aleutian Aleutian
Bering Sea \5\ District \5\ District \5\
----------------------------------------------------------------------------------------------------------------
TAC................................... n/a..................... 27,317 17,000 10,500
CDQ reserve........................... Total................... 2,923 1,819 1,124
A....................... 1,461 910 562
Critical Habitat........ n/a 546 337
B....................... 1,461 910 562
Critical Habitat........ n/a 546 337
ICA................................... Total................... 1,000 75 40
Jig \6\............................... Total................... 117 0 0
BSAI trawl limited access............. Total................... 2,328 1,511 0
A....................... 1,164 755 0
Critical Habitat........ n/a 453 0
B....................... 1,164 755 0
Critical Habitat........ n/a 453 0
Page 11928
Amendment 80 sectors.................. Total................... 20,949 13,595 9,337
A....................... 10,475 6,798 4,668
B....................... 10,475 6,798 4,668
----------------------------------------------------------------------------------------------------------------
\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 December 31.
\5\ Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to
be caught inside of critical habitat; (a)(8)(ii)(C)(1)(ii) equally divides the annual TACs between the A and B
seasons as defined at Sec. 679.23(e)(3); and (a)(8)(ii)(C)(2) requires the TAC in Area 543 shall be no more
than 65 percent of ABC.
\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 2016 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,
2015. NMFS will post 2016 Amendment 80 allocations when they become available in December 2015.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Allocation of the Pacific Cod TAC
The Council separated 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 cod TACs, the remaining BS and AI Pacific cod TACs are 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 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 2015 and 2016, 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 2016 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, 2015.
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.
Section 679.20(a)(7)(vii) requires the Regional Administrator to establish an Area 543 Pacific cod harvest limit based on Pacific cod abundance in Area 543. Based on the 2014 stock assessment, the Regional Administrator determined the Area 543 Pacific cod harvest limit to be 26.3 percent of the AI Pacific cod TAC for 2015 and 2016. NMFS will first subtract the State GHL Pacific cod amount from the AI Pacific cod ABC. Then NMFS will determine the harvest limit in Area 543 by multiplying the percentage of Pacific cod estimated in Area 543 by the remaining ABC for AI Pacific cod. Based on these calculations, the Area 543 harvest limit is 2,478 mt.
The CDQ and non-CDQ season allowances by gear based on the 2015 and 2016 Pacific cod TACs are listed in Tables 8 and 9, 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).
Table 8--Final 2015 Gear Shares and Seasonal Allowances of the BSAI Pacific Cod TAC
Amounts are in metric tons
----------------------------------------------------------------------------------------------------------------
2015 Share of 2015 Seasonal apportionment
Gear sector Percent gear sector 2015 Share of ---------------------------------
total sector total Seasons Amount
----------------------------------------------------------------------------------------------------------------
BS TAC........................ n/a 240,000 n/a n/a............. n/a
BS CDQ........................ n/a 25,680 n/a see Sec. n/a
679.20(a)(7)(i)
(B).
BS non-CDQ TAC................ n/a 214,320 n/a n/a............. n/a
Page 11929
AI TAC........................ n/a 9,422 n/a n/a............. n/a
AI CDQ........................ n/a 1,008 n/a see Sec. n/a
679.20(a)(7)(i)
(B).
AI non-CDQ TAC................ n/a 8,414 n/a n/a............. n/a
Western Aleutian Island Limit. n/a 2,478 n/a n/a............. n/a
Total BSAI non-CDQ TAC \1\.... 100 222,734 n/a n/a............. n/a
Total hook-and-line/pot gear.. 60.8 135,422 n/a n/a............. n/a
Hook-and-line/pot ICA \2\..... n/a 500 n/a see Sec. n/a
679.20(a)(7)(ii
)(B).
Hook-and-line/pot sub-total... n/a 134,922 n/a n/a............. n/a
Hook-and-line catcher/ 48.7 n/a 108,071 Jan 1-Jun 10.... 55,116
processor.
.............. .............. .............. Jun 10-Dec 31... 52,955
Hook-and-line catcher vessel 0.2 n/a 444 Jan 1-Jun 10.... 226
>= 60 ft LOA.
.............. .............. .............. Jun 10-Dec 31... 217
Pot catcher/processor......... 1.5 n/a 3,329 Jan 1-Jun 10.... 1,698
.............. .............. .............. Sept 1-Dec 31... 1,631
Pot catcher vessel >= 60 ft 8.4 n/a 18,641 Jan 1-Jun 10.... 9,507
LOA.
.............. .............. .............. Sept 1-Dec 31... 9,134
Catcher vessel = 60 ft LOA.
.............. .............. .............. Jun 10-Dec 31... 217
Pot catcher/processor......... 1.5 n/a 3,329 Jan 1-Jun 10.... 1,698
.............. .............. .............. Sept 1-Dec 31... 1,631
Pot catcher vessel >= 60 ft 8.4 n/a 18,641 Jan 1-Jun 10.... 9,507
LOA.
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.............. .............. .............. Sept 1-Dec 31... 9,134
Catcher vessel =60 feet BSAI Jan 1-Jun 10.............. 0.0006 226 0 226 0
LOA.
BSAI Jun 10-Dec 31............. 0.0006 217 0 217 0
Pacific cod pot gear CV................ BSAI Jan 1-Jun 10.............. 0.0006 9,507 6 9,507 6
BSAI Sept 1-Dec 31............. 0.0006 9,134 5 9,134 5
Pacific cod CV =60 0 0
feet LOA.
BSAI................. pot CV >=60 feet LOA. 11 11
BSAI................. hook-and-line or pot 3 3
CV 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
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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 and Table 2, the sum of ABCs in 2015 and 2016 would be 2,848,454 and 2,731,897 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. 108-
199, Sec. 803(c), and the FMP for the BSAI groundfish fishery, which both set a 2 million 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).
In December 2014, the Council adopted separate Pacific cod harvest specifications for the Aleutian Islands and the Bering Sea in the 2015 and 2016 fishing years. While separate OFLs, ABCs, and TACs, have been created for the Aleutian Islands and for the Bering Sea, the actual sector allocations (except CDQ allocations) remain BSAI-wide allocations. Sector allocations are calculated as a percent of the summed Aleutian Island and Bering Sea TACs, after adjustments are made to account for CDQ allocations. Because sector allocations (except CDQ allocations) continue to be defined BSAI-wide, sectors remain free to redeploy between the two areas. However, if the non-CDQ portion of the TAC in either sub-area is reached, NMFS will close directed fishing for Pacific cod in that subarea. Thus if the resources in one of the areas is fully utilized, one sector will not be able to increase its harvest, unless at the expense of another sector's harvest.
It is possible that in some years an Aleutian Island-specific Pacific cod TAC, in combination with a deduction from the ABC for a GHL fishery, and a deduction for an ICA, may leave the Aleutian Islands TAC too small to permit a directed fishery. The ultimate impact of the Pacific cod split will depend on policy decisions made by the Council and the Secretary of Commerce. In the 10 years since the first year of the baseline period for this analysis (2004), the BSAI Pacific cod TAC was only set equal to the ABC in 2 years. There may be flexibility for the Council to offset anticipated Aleutian Island production limits by setting the Aleutian Islands TAC less than the ABC, and the Bering Sea TAC equal to the ABC. The 2 million metric ton groundfish optimum yield is the sum of the BSAI TACs, so a decrease in the Aleutian Islands TAC, coupled with an equal increase in the Bering sea TAC, would leave the aggregate BSAI Pacific cod TAC unchanged, and would not require reductions in TACs for other species so as to comply with the 2 million metric ton optimum yield limit.
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 2014, and Council consideration and recommendations occurred in December 2014. Accordingly, NMFS' review could not begin until after the December 2014 Council meeting, and after the public had time to comment on 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 TACs established in the final 2014 and 2015 harvest specifications (79 FR 12108, March 4, 2014). 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, 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 in the industry and potential economic harm through
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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 14, 2015, which is the start of the 2015 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 2015 and 2016 harvest specifications will allow the sablefish IFQ fishery to begin concurrently with the Pacific halibut IFQ season. Also, 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 that have lower 2015 ABC and TAC limits than those established in the 2014 and 2015 harvest specifications (79 FR 12108, March 4, 2014). 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 2015 and 2016 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 2015 and 2016 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 27, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.
FR Doc. 2015-05041 Filed 3-4-15; 08:45 am
BILLING CODE 3510-22-P
