Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; 2017 and 2018 Harvest Specifications for Groundfish

Federal Register, Volume 81 Issue 234 (Tuesday, December 6, 2016)

Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)

Proposed Rules

Pages 87863-87881

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

FR Doc No: 2016-29152

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

Docket No. 161020985-6985-01

RIN 0648-XE989

Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; 2017 and 2018 Harvest Specifications for Groundfish

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes 2017 and 2018 harvest specifications, apportionments, and prohibited species catch allowances for the groundfish fisheries of the Bering Sea and Aleutian Islands (BSAI) management area. This action is necessary to establish harvest limits for groundfish during the 2017 and 2018 fishing years, and to accomplish the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area. The intended effect of this action is to conserve and manage the groundfish resources in the BSAI in accordance with the Magnuson-Stevens Fishery Conservation and Management Act.

DATES: Comments must be received by January 5, 2017.

ADDRESSES: You may submit comments on this document, identified by NOAA-NMFS-2016-0140, by any of the following methods:

Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0140, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments.

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

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

Electronic copies of the Alaska Groundfish Harvest Specifications Final Environmental Impact Statement (Final EIS), Record of Decision (ROD), Supplementary Information Report (SIR) to the EIS, and the Initial Regulatory Flexibility Analysis (IRFA) prepared for this action may be obtained from http://www.regulations.gov or from the Alaska Region Web site at http://alaskafisheries.noaa.gov. The final 2015 Stock Assessment and Fishery Evaluation (SAFE) report for the groundfish resources of the BSAI, dated November 2015, is available from the North Pacific Fishery Management Council (Council) at 605 West 4th Avenue, Suite 306, Anchorage, AK 99501-2252, phone 907-271-2809, or from the Council's Web site at http://www.npfmc.org/. The draft 2016 SAFE report for the BSAI is available from the same source.

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

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

The FMP and its implementing regulations require NMFS, after consultation with the Council, to specify annually the total allowable catch (TAC) for each target species category. The sum TAC for all groundfish species must be within the optimum yield (OY) range of 1.4 million to 2.0 million metric tons (mt) (see Sec. 679.20(a)(1)(i)(A)). Section 679.20(c)(1) further requires NMFS to publish proposed harvest specifications in the Federal Register and solicit public comments on proposed annual TACs and apportionments thereof, prohibited species catch (PSC) allowances, prohibited species quota (PSQ) reserves established by Sec. 679.21, seasonal allowances of pollock, Pacific cod, and Atka mackerel TAC, American Fisheries Act allocations, Amendment 80 allocations, and Community

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Development Quota (CDQ) reserve amounts established by Sec. 679.20(b)(1)(ii). The proposed harvest specifications set forth in Tables 1 through 17 of this action satisfy these requirements.

Under Sec. 679.20(c)(3), NMFS will publish the final harvest specifications for 2017 and 2018 after (1) considering comments received within the comment period (see DATES), (2) consulting with the Council at its December 2016 meeting, (3) considering information presented in the SIR that assesses the need to prepare a Supplemental EIS (see ADDRESSES), and (4) considering information presented in the final 2016 SAFE reports prepared for the 2017 and 2018 groundfish fisheries.

Other Actions Affecting the 2017 and 2018 Harvest Specifications

The Alaska Board of Fisheries (BOF), a regulatory body for the State of Alaska Department of Fish and Game (State), established a guideline harvest level (GHL) in State waters between 164 and 167 degrees west longitude in the Bering Sea subarea (BS) equal to 6.4 percent of the Pacific cod acceptable biological catch (ABC) for the BS. The Council recommends the proposed 2017 and 2018 Pacific cod TACs to accommodate the State's GHLs for Pacific cod in State waters in the BS. The Council and its BSAI Groundfish Plan Team (Plan Team), Scientific and Statistical Committee (SSC), and Advisory Panel (AP) recommended that the sum of all State and Federal water Pacific cod removals from the BS not exceed the proposed ABC recommendations of 255,000 mt. Accordingly, the Council set the proposed 2017 and 2018 Pacific cod TACs in the BS to account for State GHLs.

For 2017 and 2018, the BOF established a GHL in State waters in the Aleutian Islands subarea (AI) equal to 27 percent of the Pacific cod ABC for the AI. The Council recommends the proposed 2017 and 2018 Pacific cod TACs to accommodate the State's GHLs for Pacific cod in State waters in the AI. The Council and its Plan Team, SSC, and AP recommended that the sum of all State and Federal water Pacific cod removals from the AI not exceed the proposed ABC recommendations of 17,600 mt. Accordingly, the Council set the proposed 2017 and 2018 Pacific cod TACs in the AI to account for State GHLs.

In October 2015, the Council took final action to recommend for Secretarial Review Amendment 113 to the BSAI FMP. NMFS published a notice of availability for Amendment 113 on July 19, 2016 (81 FR 46883). The public comment period for the notice of availability on Amendment 113 ended on September 19, 2016, and the Secretary approved Amendment 113 on October 17, 2016. Amendment 113 sets aside a portion of the Aleutian Islands Pacific cod TAC for catcher vessels that directed fish for Aleutian Islands Pacific cod and then deliver the catch to Aleutian Islands shoreplants for processing.

NMFS published a proposed rule to implement Amendment 113 on August 1, 2016, and accepted public comment through August 31, 2016 (81 FR 50444). If NMFS approves the final rule, in November 2016, NMFS expects the authority to set aside Aleutian Islands Pacific cod for catcher vessels delivering to Aleutian Islands shoreplants for processing would be in effect by the beginning of the 2017 fisheries on January 1, 2017.

Amendment 111 to the FMP (81 FR 24714, April 27, 2016) became effective May 27, 2016. Amendment 111 implemented BSAI halibut PSC limit reductions for the trawl and non-trawl sectors. These amounts are found in Table 8.

Amendment 110 to the FMP (81 FR 37534, June 10, 2016) became effective July 11, 2016. Amendment 110 improves the management of Chinook and chum salmon bycatch in the Bering Sea pollock fishery by creating a comprehensive salmon bycatch avoidance program. Amendment 110 also changed the seasonal apportionments of the pollock TAC to allow more pollock to be harvested earlier in the year when Chinook salmon PSC use tends to be lower.

Proposed ABC and TAC Harvest Specifications

At the October 2016 Council meeting, the SSC, AP, and Council reviewed the most recent biological and harvest information on the condition of the BSAI groundfish stocks. The Council's Plan Team compiled and presented this information, which was initially compiled by the Plan Team and presented in the final 2015 SAFE report for the BSAI groundfish fisheries, dated November 2015 (see ADDRESSES). The amounts proposed for the 2017 and 2018 harvest specifications are based on the 2015 SAFE report, and are subject to change in the final harvest specifications to be published by NMFS following the Council's December 2016 meeting. In November 2016, the Plan Team updated the 2015 SAFE report to include new information collected during 2016, such as NMFS stock surveys, revised stock assessments, and catch data. At its December 2016 meeting, the Council will consider information contained in the final 2016 SAFE report, recommendations from the November 2016 Plan Team meeting, public testimony from the December 2016 SSC and AP meetings, and relevant written comments in making its recommendations for the final 2017 and 2018 harvest specifications.

In previous years, the OFLs and ABCs that have had the most significant changes (relative to the amount of assessed tonnage of fish) from the proposed to the final harvest specifications have been for OFLs and ABCs that are based on the most recent NMFS stock surveys, which provide updated estimates of stock biomass and spatial distribution, and changes to the models used in the stock assessments. These changes were recommended by the Plan Team in November 2016 and are included in the final 2016 SAFE report. The final 2016 SAFE report includes the most recent information, such as 2016 catch data. The final harvest specification amounts for these stocks are not expected to vary greatly from the proposed harvest specification amounts published here.

If the final 2016 SAFE report indicates that the stock biomass trend is increasing for a species, then the final 2017 and 2018 harvest specifications may reflect an increase from the proposed harvest specifications. Conversely, if the final 2016 SAFE report indicates that the stock biomass trend is decreasing for a species, then the final 2017 and 2018 harvest specifications may reflect a decrease from the proposed harvest specifications. In addition to changes driven by biomass trends, there may be changes in TACs due to the sum of ABCs exceeding 2 million mt. Since the regulations require TACs to be set to an OY between 1.4 and 2 million mt, the Council may be required to recommend TACs that are lower than the ABCs recommended by the Plan Team, if setting TACs equal to ABCs would cause TACs to exceed an OY of 2 million mt. Generally, ABCs greatly exceed 2 million mt in years with a large pollock biomass. NMFS anticipates that, both for 2017 and 2018, the sum of the ABCs will exceed 2 million mt. NMFS expects that the final total TAC for the BSAI for both 2017 and 2018 will equal 2 million mt.

The proposed ABCs and TACs are based on the best available biological and socioeconomic data, including projected biomass trends, information on assumed distribution of stock biomass, and revised technical methods used to calculate stock biomass. In general, the development of ABCs and

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OFLs involves statistical modeling of fish populations. The FMP specifies a series of six tiers to define OFLs and ABCs based on the level of reliable information available to fishery scientists. Tier 1 represents the highest level of information quality available, while Tier 6 represents the lowest.

In October 2016, the SSC adopted the proposed 2017 and 2018 OFLs and ABCs recommended by the Plan Team for all groundfish species. The Council adopted the SSC's OFL and ABC recommendations. These amounts are unchanged from the final 2017 harvest specifications published in the Federal Register on March 18, 2016 (81 FR 14773). The Council adopted the AP's TAC recommendations. For 2017 and 2018, the Council recommended and NMFS proposes the OFLs, ABCs, and TACs listed in Table 1. The proposed ABCs reflect harvest amounts that are less than the specified OFLs. The sum of the proposed 2017 and 2018 ABCs for all assessed groundfish is 3,128,135 mt, which is the same as the final 2017 ABC total in the final 2016 and 2017 BSAI groundfish harvest specifications (81 FR 14773, March 18, 2016).

Specification and Apportionment of TAC Amounts

The Council recommended proposed TACs for 2017 and 2018 that are equal to proposed ABCs for Bering Sea Pacific ocean perch, Bering Sea sablefish, AI sablefish, and eastern Aleutian Islands (EAI) Pacific ocean perch. The Council recommended proposed TACs for 2017 and 2018 that are less than the proposed ABCs for Bering Sea pollock, AI ``other rockfish,'' AI pollock, Bogoslof pollock, Bering Sea Pacific cod, AI Pacific cod, yellowfin sole, Bering Sea Greenland turbot, AI Greenland turbot, arrowtooth flounder, Kamchatka flounder, rock sole, flathead sole, Alaska plaice, ``other flatfish,'' central Aleutian Islands (CAI) Pacific ocean perch, western Aleutian Islands (WAI) Pacific ocean perch, northern rockfish, eastern Bering Sea (EBS)/EAI rougheye rockfish, CAI/WAI rougheye rockfish, shortraker rockfish, Bering Sea ``other rockfish,'' Bering Sea/EAI, CAI, and WAI Atka mackerel, skates, sculpins, sharks, squids, and octopuses. Section 679.20(a)(5)(iii)(B)(1) requires the AI pollock TAC to be set at 19,000 mt when the AI pollock ABC equals or exceeds 19,000 mt. The Bogoslof pollock TAC is set to accommodate incidental catch amounts. TACs are set so that the sum of the overall TAC does not exceed the BSAI OY.

The proposed groundfish OFLs, ABCs, and TACs are subject to change pending the completion of the final 2016 SAFE report and the Council's recommendations for final 2017 and 2018 harvest specifications during its December 2016 meeting. These proposed amounts are consistent with the biological condition of groundfish stocks as described in the 2015 SAFE report, and have been adjusted for other biological and socioeconomic considerations. Pursuant to Section 3.2.3.4.1 of the FMP, the Council could recommend adjusting the TACs if ``warranted on the basis of bycatch considerations, management uncertainty, or socioeconomic considerations; or if required in order to cause the sum of the TACs to fall within the OY range.'' Table 1 lists the proposed 2017 and 2018 OFL, ABC, TAC, initial TAC (ITAC), and CDQ amounts for groundfish for the BSAI. The proposed apportionment of TAC amounts among fisheries and seasons is discussed below.

Table 1--Proposed 2017 and 2018 Overfishing Level (OFL), Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), and CDQ

Reserve Allocation of Groundfish in the BSAI\1\

Amounts are in metric tons

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Proposed 2017 and 2018

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

OFL ABC TAC ITAC \2\ CDQ 3 4

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Pollock \4\............................... BS.......................... 3,540,000 2,019,000 1,340,643 1,206,579 134,064

AI.......................... 44,455 36,664 19,000 17,100 1,900

Bogoslof.................... 31,906 23,850 500 500 ..............

Pacific cod \5\........................... BS.......................... 412,000 255,000 238,680 213,141 25,539

AI.......................... 23,400 17,600 12,839 11,465 1,374

Sablefish................................. BS.......................... 1,241 1,052 1,052 447 39

AI.......................... 1,681 1,423 1,423 302 27

Yellowfin sole............................ BSAI........................ 219,200 203,500 144,000 128,592 15,408

Greenland turbot.......................... BSAI........................ 7,416 6,132 2,873 2,442 n/a

BS.......................... n/a 4,734 2,673 2,272 286

AI.......................... n/a 1,398 200 170 ..............

Arrowtooth flounder....................... BSAI........................ 84,156 72,216 14,000 11,900 1,498

Kamchatka flounder........................ BSAI........................ 11,700 10,000 5,000 4,250 ..............

Rock sole \6\............................. BSAI........................ 149,400 145,000 57,100 50,990 6,110

Flathead sole \7\......................... BSAI........................ 77,544 64,580 21,000 18,753 2,247

Alaska plaice............................. BSAI........................ 46,800 39,100 14,500 12,325 ..............

Other flatfish \8\........................ BSAI........................ 17,414 13,061 2,500 2,125 ..............

Pacific Ocean perch....................... BSAI........................ 38,589 31,724 31,490 27,779 n/a

BS.......................... n/a 7,953 7,953 6,760 ..............

EAI......................... n/a 7,537 7,537 6,731 806

CAI......................... n/a 7,002 7,000 6,251 749

WAI......................... n/a 9,232 9,000 8,037 963

Northern rockfish......................... BSAI........................ 14,085 11,468 4,500 3,825 ..............

Rougheye.................................. BSAI........................ 855 694 300 255 ..............

rockfish \9\.............................. EBS/EAI..................... n/a 216 100 85 ..............

CAI/WAI..................... n/a 478 200 170 ..............

Shortraker rockfish....................... BSAI........................ 690 518 200 170 ..............

Other rockfish \10\....................... BSAI........................ 1,667 1,250 875 744 ..............

BS.......................... n/a 695 325 276 ..............

AI.......................... n/a 555 550 468 ..............

Atka mackerel............................. BSAI........................ 99,490 85,840 55,000 49,115 5,885

EAI/BS...................... n/a 29,296 28,500 25,451 3,050

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CAI......................... n/a 25,860 16,000 14,288 1,712

WAI......................... n/a 30,684 10,500 9,377 1,124

Skates.................................... BSAI........................ 47,674 39,943 26,000 22,100 ..............

Sculpins.................................. BSAI........................ 52,365 39,725 4,500 3,825 ..............

Sharks.................................... BSAI........................ 1,363 1,022 125 106 ..............

Squids.................................... BSAI........................ 6,912 5,184 1,500 1,275 ..............

Octopuses................................. BSAI........................ 3,452 2,589 400 340 ..............

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Total................................. ............................ 4,935,455 3,128,135 2,000,000 1,790,446 196,895

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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 the Amendment 80 species (Atka mackerel, Aleutian

Islands Pacific ocean perch, yellowfin sole, rock sole, flathead sole, and Pacific cod), 15 percent of each TAC is put into a reserve. The ITAC for

these species is the remainder of the TAC after the subtraction of these reserves.

\3\ For the Amendment 80 species (Atka mackerel, Aleutian Islands Pacific ocean perch, yellowfin sole, rock sole, flathead sole, and Pacific cod), 10.7

percent of the TAC is reserved for use by CDQ participants (see Sec. Sec. 679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish TAC is

allocated to hook-and-line gear or pot gear, and 7.5 percent of the sablefish TAC is allocated to trawl gear. The 2017 hook-and-line and pot gear

portion of the sablefish ITAC and CDQ reserve will not be specified until the final 2017 and 2018 harvest specifications. 10.7 percent of the TACs for

Bering Sea Greenland turbot and arrowtooth flounder are reserved for use by CDQ participants (see Sec. 679.20(b)(1)(ii)(B) and (D)). Aleutian

Islands Greenland turbot, ``other flatfish,'' Alaska plaice, Bering Sea Pacific ocean perch, Kamchatka flounder, northern rockfish, shortraker

rockfish, rougheye rockfish, ``other rockfish,'' squids, octopuses, skates, sculpins, and sharks are not allocated to the CDQ program.

\4\ Under Sec. 679.20(a)(5)(i)(A)(1), the annual Bering Sea subarea pollock TAC, after subtracting first for the CDQ directed fishing allowance (10

percent) and second for the incidental catch allowance (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

(2,400 mt), is allocated to the Aleut Corporation for a directed pollock fishery.

\5\ The Bering Sea subarea and Aleutian Islands subarea Pacific cod TACs are set to account for the State of Alaska guideline harvest level in state

waters of the Aleutian Islands subarea.

\6\ ``Rock sole'' includes Lepidopsetta polyxystra (Northern rock sole) and Lepidopsetta bilineata (Southern rock sole).

\7\ ``Flathead sole'' includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).

\8\ ``Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), flathead sole, Greenland turbot, rock sole, yellowfin

sole, arrowtooth flounder, Kamchatka flounder, and Alaska plaice.

\9\ ``Rougheye rockfish'' includes Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted).

\10\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, northern, shortraker, and rougheye rockfish.

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 AI Pacific Ocean Perch

Section 679.20(b)(1)(i) requires NMFS to reserve 15 percent of the TAC for each target species category, except for pollock, hook-and-line or pot gear allocation of sablefish, and Amendment 80 species, in a non-specified reserve. Section 679.20(b)(1)(ii)(B) requires NMFS to allocate 20 percent of the hook-and-line and pot gear allocation of sablefish to the fixed gear sablefish CDQ reserve. Section 679.20(b)(1)(ii)(D) requires NMFS to allocate 7.5 percent of the trawl gear allocation of sablefish and 10.7 percent of Bering Sea Greenland turbot and arrowtooth flounder to the respective CDQ reserves. Section 679.20(b)(1)(ii)(C) requires NMFS to allocate 10.7 percent of the TACs for Atka mackerel, AI Pacific ocean perch, yellowfin sole, rock sole, flathead sole, and Pacific cod to the CDQ reserves. Sections 679.20(a)(5)(i)(A) and 679.31(a) also require allocation of 10 percent of the BS pollock TACs to the pollock CDQ directed fishing allowance (DFA). The entire Bogoslof District pollock TAC is allocated as an ICA (see Sec. 679.20(a)(5)(ii)). With the exception of the hook-and-line and pot gear sablefish CDQ reserve, the regulations do not further apportion the CDQ reserves by gear.

Pursuant to Sec. 679.20(a)(5)(i)(A)(1), NMFS proposes a pollock ICA of 4.0 percent or 53,626 mt of the Bering Sea subarea pollock TAC after subtracting the 10 percent CDQ reserve. This allowance is based on NMFS' examination of the pollock incidentally retained and discarded catch, including the incidental catch by CDQ vessels, in target fisheries other than pollock from 2000 through 2016. During this 17-

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 17-year average of 3.2 percent. Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS proposes 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 2016. During this 14-year period, the incidental catch of pollock ranged from a low of 5 percent in 2006 to a high of 17 percent in 2013, with a 14-year average of 8 percent.

Pursuant to Sec. 679.20(a)(8) and (10), NMFS proposes ICAs of 4,000 mt of flathead sole, 5,000 mt of rock sole, 4,500 mt of yellowfin sole, 10 mt of Western Aleutian District Pacific ocean perch, 60 mt of Central Aleutian District Pacific ocean perch, 100 mt of Eastern Aleutian District Pacific ocean perch, 20 mt of Western Aleutian District Atka mackerel, 75 mt of Central Aleutian District Atka mackerel, and 1,000 mt of Eastern Aleutian District and Bering Sea

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subarea Atka mackerel after subtracting the 10.7 percent CDQ reserve. These ICAs are based on NMFS' examination of the average incidental retained and discarded catch in other target fisheries from 2003 through 2016.

The regulations do not designate the remainder of the non-specified reserve by species or species group. Any amount of the reserve may be apportioned to a target species that contributed to the non-specified reserve during the year, provided that such apportionments do not result in overfishing (see Sec. 679.20(b)(1)(i)).

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

Section 679.20(a)(5)(i)(A) requires that Bering Sea pollock TAC be apportioned after subtracting 10 percent for the CDQ program and 4.0 percent for the ICA as a DFA as follows: 50 percent to the inshore sector, 40 percent to the catcher/processor sector, and 10 percent to the mothership sector. In the Bering Sea subarea, 45 percent of the DFA is allocated to the A season (January 20 to June 10) and 55 percent of the DFA is allocated to the B season (June 10 to November 1) (Sec. Sec. 679.20(a)(5)(i)(B)(1) and 679.23(e)(2)). 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)(i)-(iii)). In the AI subarea, the total A season apportionment of the pollock TAC may equal up to 40 percent of the ABC, and the remainder of the pollock TAC is allocated to the B season (Sec. 679.20(a)(5)(iii)(B)(3)). Table 2 lists these proposed 2017 and 2018 amounts.

Section 679.20(a)(5)(iii)(B)(6) sets harvest limits for pollock in the A season (January 20 to June 10) in Areas 543, 542, and 541. 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 Bering Sea subarea pollock allocations. First, it requires that 8.5 percent of the pollock allocated to the catcher/

processor sector be available for harvest by AFA catcher vessels with catcher/processor sector endorsements, unless the Regional Administrator receives a cooperative contract that allows the distribution of harvest among AFA catcher/processors and AFA catcher vessels in a manner agreed to by all members. Second, AFA catcher/

processors not listed in the AFA are limited to harvesting not more than 0.5 percent of the pollock allocated to the catcher/processor sector. Table 2 lists the proposed 2017 and 2018 allocations of pollock TAC. Tables 14 through 17 list the AFA catcher/processor and catcher vessel harvesting sideboard limits. The Bering Sea subarea inshore pollock cooperative and open access sector allocations are based on the submission of AFA inshore cooperative applications due to NMFS on December 1 of each calendar year. Because AFA inshore cooperative applications for 2017 have not been submitted to NMFS, and NMFS therefore cannot calculate 2017 allocations, NMFS has not included inshore cooperative text and tables in these proposed harvest specifications. NMFS will post 2017 AFA inshore cooperative allocations on the Alaska Region Web site at http://alaskafisheries.noaa.gov prior to the start of the fishing year on January 1, 2017, based on the harvest specifications effective on that date.

Table 2 also lists proposed seasonal apportionments of pollock and harvest limits within the Steller Sea Lion Conservation Area (SCA). The harvest of pollock within the SCA, as defined at Sec. 679.22(a)(7)(vii), is limited to no more than 28 percent of the DFA before 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 2 lists these proposed 2017 and 2018 amounts by sector.

Table 2--Proposed 2017 and 2018 Allocations of Pollock Tacs to the Directed Pollock Fisheries and to the CDQ

Directed Fishing Allowances (DFA) \1\

Amounts are in metric tons

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A season \1\ B season \1\

2017 and 2018 -----------------------------------------------

Area and sector Allocations SCA harvest

A season DFA limit \2\ B season DFA

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Bering Sea subarea TAC......................... 1,340,643 n/a n/a n/a

CDQ DFA........................................ 134,064 60,329 37,538 73,735

ICA \1\........................................ 48,263 n/a n/a n/a

AFA Inshore.................................... 579,158 260,621 162,164 318,537

AFA Catcher/Processors \3\..................... 463,326 208,497 129,731 254,829

Catch by C/Ps.............................. 423,943 190,775 n/a 233,169

Catch by C/Vs \3\.......................... 39,383 17,722 n/a 21,661

Unlisted C/P Limit \4\................. 2,317 1,042 n/a 1,274

AFA Motherships................................ 115,832 52,124 32,433 63,707

Excessive Harvesting Limit \5\................. 202,705 n/a n/a n/a

Excessive Processing Limit \6\................. 347,495 n/a n/a n/a

Total Bering Sea DFA (non-CDQ)................. 1,158,316 521,242 324,328 637,074

Aleutian Islands subarea ABC................... 36,664 n/a n/a n/a

Aleutian Islands subarea TAC................... 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 13,520 n/a 1,180

Area harvest limit \7\......................... n/a n/a n/a n/a

Area 541 harvest limit \7\..................... 10,999 n/a n/a n/a

Area 542 harvest limit \7\..................... 5,500 n/a n/a n/a

Area 543 harvest limit \7\..................... 1,833 n/a n/a n/a

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Bogoslof District ICA \8\...................... 100 n/a n/a n/a

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

DFA (10 percent) and the ICA (4.0 percent), is allocated as a DFA as follows: inshore sector 50 percent,

catcher/processor sector 40 percent, and mothership sector 10 percent. In the Bering Sea subarea, 45 percent

of the DFA is allocated to the A season (January 20-June 10) and 55 percent of the DFA is allocated to the B

season (June 10-November 1). Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock

TAC, after subtracting first for the CDQ DFA (10 percent) and second the ICA (2,400 mt), is allocated to the

Aleut Corporation for a directed pollock fishery. In the AI subarea, the A season is allocated 40 percent of

the ABC, and the B season is allocated the remainder of the directed pollock fishery.

\2\ In the Bering Sea subarea, no more than 28 percent of each sector's annual DFA may be taken from the SCA

before noon, April 1.

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

processors (C/Ps) shall be available for harvest only by eligible catcher vessels (CVs) delivering to listed C/

Ps.

\4\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting

not more than 0.5 percent of the catcher/processor sector's allocation of pollock.

\5\ Pursuant to Sec. 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5

percent of the sum of the pollock DFAs not including CDQ.

\6\ Pursuant to Sec. 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0

percent of the sum of the pollock DFAs not including CDQ.

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

final 2017 and 2018 harvest specifications for the BSAI. The amounts specified are for incidental catch only

and are not apportioned by season or sector.

Allocation of the Atka Mackerel TACs

Section 679.20(a)(8) allocates the Atka mackerel TACs to the Amendment 80 and BSAI trawl limited access sectors, after subtracting the CDQ reserves, jig gear allocation, and ICAs for the BSAI trawl limited access sector and non-trawl gear sectors (Table 3). The percentage of the ITAC for Atka mackerel allocated to the Amendment 80 and BSAI trawl limited access sectors is listed in Table 33 to 50 CFR part 679 and in Sec. 679.91. Pursuant to Sec. 679.20(a)(8)(i), up to 2 percent of the Eastern Aleutian District and Bering Sea subarea Atka mackerel ITAC may be allocated to jig gear. The percentage of this allocation is recommended annually by the Council based on several criteria, including the anticipated harvest capacity of the jig gear fleet. The Council recommended and NMFS proposes a 0.5 percent allocation of the Atka mackerel ITAC in the Eastern Aleutian District and Bering Sea subarea to jig gear in 2017 and 2018. This percentage is applied to the 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.

Section 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 50 CFR part 679 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 50 CFR part 679 and located in Areas 541, 542, and 543.

Two Amendment 80 cooperatives have formed for the 2017 fishing year. Because all Amendment 80 vessels are part of a cooperative, no allocation to the Amendment 80 limited access sector is required. NMFS will post 2017 Amendment 80 cooperative allocations on the Alaska Region Web site at http://alaskafisheries.noaa.gov prior to the start of the fishing year on January 1, 2017, based on the harvest specifications effective on that date.

Table 3 lists these 2017 and 2018 Atka mackerel season allowances, area allowances, and the sector allocations. The 2018 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, 2017. NMFS will post 2018 Amendment 80 cooperatives and Amendment 80 limited access allocations on the Alaska Region Web site at http://alaskafisheries.noaa.gov prior to the start of the fishing year on January 1, 2018, based on the harvest specifications effective on that date.

Page 87869

Table 3--Proposed 2017 and 2018 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

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

2017 and 2018 Allocation by area

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

Eastern

Sector \1\ Season \2 3 4\ Aleutian Central Western

District/ Aleutian Aleutian

Bering Sea District District

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

TAC............................. n/a........................... 28,500 16,000 10,500

CDQ reserve..................... Total......................... 3,050 1,712 1,124

A............................. 1,525 856 562

Critical habitat \5\.......... n/a 514 337

B............................. 1,525 856 562

Critical habitat \5\.......... n/a 514 337

ICA............................. Total......................... 1,000 75 20

Jig \6\......................... Total......................... 122 .............. ..............

BSAI trawl limited access....... Total......................... 2,433 1,421 ..............

A............................. 1,216 711 ..............

Critical habitat \5\.......... n/a 426 ..............

B............................. 1,216 711 ..............

Critical habitat \5\.......... n/a 426 ..............

Amendment 80 \7\................ Total......................... 21,895 12,792 9,357

Alaska Groundfish Cooperative Total......................... 12,326 7,615 5,754

for 2017.

A............................. 6,163 3,808 2,877

Critical habitat \5\.......... n/a 2,285 1,726

B............................. 6,163 3,808 2,877

Critical habitat \5\.......... n/a 2,285 1,726

Alaska Seafood Cooperative for Total......................... 9,570 5,177 3,603

2017.

A............................. 4,785 2,589 1,802

Critical habitat \5\.......... n/a 1,553 1,081

B............................. 4,785 2,589 1,802

Critical habitat \5\.......... n/a 1,553 1,081

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

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

jig gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for

Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50 CFR

part 679 and Sec. 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec.

Sec. 679.20(b)(1)(ii)(C) and 679.31).

\2\ Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel

fishery.

\3\ The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.

\4\ Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from

January 20 to June 10, and the B season from June 10 to 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; paragraph (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 paragraph (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 Bering Sea

subarea TAC be allocated to jig gear after subtraction of the CDQ reserve and ICA. The amount of this

allocation is 0.5 percent. The jig gear allocation is not apportioned by season.

\7\ The 2018 allocations for Amendment 80 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, 2017.

Allocation of the Pacific Cod TAC

The Council recommended and NMFS proposes separate BS and AI subarea OFLs, ABCs, and TACs for Pacific cod. Section 679.20(b)(1)(ii)(C) allocates 10.7 percent of the BS TAC and the 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).

Section 679.20(a)(7)(i) and (ii) allocates 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 or pot catcher vessels less than 60 ft (18.3 m) length overall (LOA), 0.2 percent to hook-and-line catcher vessels greater than or equal to 60 ft (18.3 m) LOA, 48.7 percent to hook-and-line catcher/processors, 8.4 percent to pot catcher vessels greater than or equal to 60 ft (18.3 m) LOA, 1.5 percent to pot catcher/processors, 2.3 percent to AFA trawl catcher/processors, 13.4 percent to non-AFA trawl catcher/processors, and 22.1 percent to trawl catcher vessels. The BSAI ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of BSAI Pacific cod TAC allocated to the hook-and-

line and pot sectors. For 2017 and 2018, the Regional Administrator proposes a BSAI ICA of 500 mt, based on anticipated incidental catch by these sectors in other fisheries.

The BSAI ITAC allocation of Pacific cod to the Amendment 80 sector is established in Table 33 to 50 CFR part 679 and Sec. 679.91. Two Amendment 80 cooperatives have formed for the 2017 fishing year. Because all Amendment 80 vessels are part of a cooperative, no allocation to the Amendment 80 limited access sector is required. NMFS will post 2017 Amendment 80 cooperative allocations on the Alaska Region Web site at http://alaskafisheries.noaa.gov prior to the start of the fishing year on January 1, 2017, based on the harvest specifications effective on that date.

The 2018 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, 2017. NMFS will post 2018 Amendment 80 cooperatives and

Page 87870

Amendment 80 limited access allocations on the Alaska Region Web site at http://alaskafisheries.noaa.gov prior to the start of the fishing year on January 1, 2018, based on the harvest specifications effective on that date.

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), (a)(7)(iv)(A), 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 2015 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 2017 and 2018. NMFS first subtracted the State GHL Pacific cod amount from the AI Pacific cod ABC and then multiplied the remaining ABC for AI Pacific cod by the percentage of Pacific cod estimated in Area 543. Based on these calculations, the Area 543 harvest limit is 3,379 mt.

The CDQ and non-CDQ season allowances by gear based on the proposed 2017 and 2018 Pacific cod TACs are listed in Table 4 based on the sector allocation percentages of Pacific cod set forth at Sec. 679.20(a)(7)(i)(B) and (a)(7)(iv)(A); and the seasonal allowances of Pacific cod set forth at Sec. 679.23(e)(5).

Table 4--Proposed 2017 and 2018 Gear Shares and Seasonal Allowances of the BSAI \1\ Pacific Cod TAC

Amounts are in metric tons

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

2017 and 2018 seasonal

2017 and 2018 2017 and 2018 apportionment

Sector Percent share of gear share of ---------------------------------

sector total sector total Season Amount

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

Total Bering Sea TAC.......... n/a 238,680 n/a n/a............. n/a

Bering Sea CDQ................ n/a 25,539 n/a See Sec. n/a

679.20(a)(7)(i)

(B).

Bering Sea non-CDQ TAC........ n/a 213,141 n/a n/a............. n/a

Total Aleutian Islands TAC.... n/a 12,839 n/a n/a............. n/a

Aleutian Islands CDQ.......... n/a 1,374 n/a See Sec. n/a

679.20(a)(7)(i)

(B).

Aleutian Islands non-CDQ TAC.. n/a 11,465 n/a n/a............. n/a

Western Aleutians Islands n/a 3,379 n/a n/a............. n/a

Limit.

Total BSAI non-CDQ TAC \1\.... 100 224,606 n/a n/a............. n/a

Total hook-and-line/pot gear.. 60.8 136,561 n/a n/a............. n/a

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

Hook-and-line/pot sub-total... n/a 136,061 n/a n/a............. n/a

Hook-and-line catcher/ 48.7 n/a 108,983 Jan 1-Jun 10.... 55,581

processors. Jun 10-Dec 31... 53,402

Hook-and-line catcher vessels 0.2 n/a 448 Jan 1-Jun 10.... 228

60 ft LOA. Jun 10-Dec 31... 219

Pot catcher/processors........ 1.5 n/a 3,357 Jan 1-Jun 10.... 1,712

Sept 1-Dec 31... 1,645

Pot catcher vessels 60 ft LOA. Sept 1-Dec 31... 9,211

Catcher vessels Incorporate CDQ with non-CDQ in the calculation of the DMRs instead of the currently specified DMRs, which calculate DMRs separately for CDQ and non-CDQ. Regulations allow assignment of CDQ status to a haul up to two hours after completion of gear retrieval. Most vessels fishing under the CDQ program also participate in the non-

CDQ fisheries. The size of the haul, fishing operations, and catch-

handling process do not tend to differ compared to the non-CDQ fisheries. For this reason, CDQ is not a recommended aggregation factor for estimating DMRs under the revised estimation method.

Revise the DMR estimation methodology for consistency with the sampling protocols instituted in 2013 through the restructured Observer Program. The Observer Program randomizes sampling of fishing trips within operational groupings, sampling of hauls within fishing trips, and sampling of biological data within hauls. Basing halibut DMR estimation on a sampling design consistent with Observer Program sampling protocols should reduce the potential for sampling bias, improve data on operational causes of variation in post-capture halibut viability, and promote the ability for NMFS to make timely improvements to halibut DMR estimation in the future.

Incorporate the use of vessel operations into DMR estimation methodology. This incorporates data about the viability (likelihood to survive) of discarded halibut into DMR calculations. Data based on different vessel operational categories, such as sorting practices, handling practices, gear type, and processing sectors (i.e. CVs, CPs, and CVs delivering to motherships), provide better information on halibut viability. NMFS expects that incorporating this information into the DMR estimation methodology will yield a more precise estimate of actual mortality.

Remove the use of target fishery. Fishery targets do not necessarily characterize statistical and/or vessel operational differences in the sampling or handling of halibut PSC. Using fishery target aggregations may have reduced the quality of DMR estimates due to small sample sizes or by combining vessel operations with very important differences in sampling and handling characteristics.

Change the reference time-frame for DMR calculations. Rather than using 10-year average rates, the revised methodology estimates DMRs based on initial 3-year average rates. Using 2013 as the starting year is more responsive to, and better aligns DMR calculation methodology with, the 2013 restructured Observer Program's sampling protocols. Using 2013 as the base year, NMFS and the Council will evaluate the time frame each year. Evaluating the time frame each year will enable NMFS and the Council to update the methodology and the halibut DMRs based on the best available information.

The working group's discussion paper also included a comparison of the total amount of halibut mortality that accrues using current DMRs versus the working group's recommended DMRs. Calculating the 2015 halibut mortality using specified DMRs yielded 2,312 mt of halibut mortality, whereas using the recommended DMRs yielded 2,299 mt of halibut morality (a less than one-percent decrease). Calculating the 2016 halibut mortality (through September 2016) yielded 1,701 mt of halibut mortality, versus 1,663 mt of halibut mortality when applying the recommended DMRs (a two percent decrease).

These proposed estimation methods, and recommendations for 2017 and 2018 halibut DMRs, were presented to the Plan Team in September 2016. The Plan Team concurred with the revised methodology, as well as the working group's halibut DMR recommendations for 2017 and 2018. The Council agreed with these recommendations at the Council's October 2016 meeting. Additionally, in April 2016 the SSC reviewed the methodology and made a number of suggestions for improving and refining it. The working group has incorporated those suggestions into its DMR estimation methodology. The working group's discussion of the revised halibut DMR methodology, including the comparative assessment, is available from the Council (see ADDRESSES). Table 13 lists the proposed 2017 and 2018 DMRs.

Table 13--Proposed 2017 and 2018 Pacific Halibut Discard Mortality Rates for the BSAI

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

Halibut

discard

Gear Sector Groundfish fishery mortality rate

(percent)

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

Pelagic trawl........................... All....................... All....................... 100

Non-pelagic trawl....................... Catcher/Processor and All....................... 85

Mothership.

Non-pelagic trawl....................... Catcher vessel............ All....................... 52

Hook-and-line........................... Catcher vessel............ All....................... 13

Hook-and-line........................... Catcher/Processor......... All....................... 8

Pot..................................... All....................... All....................... 5

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

Page 87877

Listed AFA Catcher/Processor Sideboard Limits

Pursuant to Sec. 679.64(a), the Regional Administrator is responsible for restricting the ability of listed AFA catcher/

processors to engage in directed fishing for groundfish species other than pollock, to protect participants in other groundfish fisheries from adverse effects resulting from the AFA and from fishery cooperatives in the directed pollock fishery. These restrictions are set out as ``sideboard'' limits on catch. The basis for these proposed sideboard limits is described in detail in the final rules implementing the major provisions of the AFA (67 FR 79692, December 30, 2002) and Amendment 80 (72 FR 52668, September 14, 2007). Table 14 lists the proposed 2017 and 2018 catcher/processor sideboard limits.

All harvests of groundfish sideboard species by listed AFA catcher/

processors, whether as targeted catch or incidental catch, will be deducted from the sideboard limits in Table 14. However, groundfish sideboard species that are delivered to listed AFA catcher/processors by catcher vessels will not be deducted from the 2017 and 2018 sideboard limits for the listed AFA catcher/processors.

Table 14--Proposed 2017 and 2018 BSAI Groundfish Sideboard Limits for Listed American Fisheries Act Catcher/Processors (C/Ps)

Amounts are in metric tons

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

1995-1997

------------------------------------------------ 2017 and 2018 2017 and 2018

Target species Area Ratio of ITAC available AFA C/P

Retained catch Total catch retained catch to all trawl C/ sideboard

to total catch Ps \1\ limit

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

Sablefish trawl........................... BS.......................... 8 497 0.016 447 7

AI.......................... 0 145 0 302 0

Greenland turbot.......................... BS.......................... 121 17,305 0.007 2,272 16

AI.......................... 23 4,987 0.005 170 1

Arrowtooth flounder....................... BSAI........................ 76 33,987 0.002 11,900 24

Kamchatka flounder........................ BSAI........................ 76 33,987 0.002 4,250 9

Rock sole................................. BSAI........................ 6,317 169,362 0.037 50,990 1,887

Flathead sole............................. BSAI........................ 1,925 52,755 0.036 18,753 675

Alaska plaice............................. BSAI........................ 14 9,438 0.001 12,325 12

Other flatfish............................ BSAI........................ 3,058 52,298 0.058 2,125 123

Pacific ocean perch....................... BS.......................... 12 4,879 0.002 6,760 14

Eastern AI.................. 125 6,179 0.02 6,731 135

Central AI.................. 3 5,698 0.001 6,251 6

Western AI.................. 54 13,598 0.004 8,037 32

Northern rockfish......................... BSAI........................ 91 13,040 0.007 3,825 27

Rougheye rockfish......................... EBS/EAI..................... 50 2,811 0.018 85 2

CAI/WAI..................... 50 2,811 0.018 170 3

Shortraker rockfish....................... BSAI........................ 50 2,811 0.018 170 3

Other rockfish............................ BS.......................... 18 621 0.029 276 8

AI.......................... 22 806 0.027 468 13

Atka mackerel............................. Central AI.................. n/a n/a 0.115 14,288 1,643

A season \2\................ n/a n/a 0.115 7,144 822

B season \2\................ n/a n/a 0.115 7,144 822

Western AI.................. n/a n/a 0.2 9,377 1,875

A season \2\................ n/a n/a 0.2 4,689 938

B season \2\................ n/a n/a 0.2 4,689 938

Skates.................................... BSAI........................ 553 68,672 0.008 22,100 177

Sculpins.................................. BSAI........................ 553 68,672 0.008 3,825 31

Sharks.................................... BSAI........................ 553 68,672 0.008 106 1

Squids.................................... BSAI........................ 73 3,328 0.022 1,275 28

Octopuses................................. BSAI........................ 553 68,672 0.008 340 3

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

\1\ Aleutians Islands Pacific ocean perch, and BSAI Atka mackerel, flathead sole, rock sole, and yellowfin sole are multiplied by the remainder of the

TAC after the subtraction of the CDQ reserve under Sec. 679.20(b)(1)(ii)(C).

\2\ The seasonal apportionment of Atka mackerel in the open access fishery is 50 percent in the A season and 50 percent in the B season. Listed AFA

catcher/processors are limited to harvesting no more than zero in the Eastern Aleutian District and Bering Sea subarea, 20 percent of the annual ITAC

specified for the Western Aleutian District, and 11.5 percent of the annual ITAC specified for the Central Aleutian District.

Note: Section 679.64(a)(1)(v) exempts AFA catcher/processors from a yellowfin sole sideboard limit because the 2017 and 2018 aggregate ITAC of yellowfin

sole assigned to the Amendment 80 sector and BSAI trawl limited access sector is greater than 125,000 mt.

Section 679.64(a)(2) and Tables 40 and 41 to 50 CFR part 679 establish a formula for calculating PSC sideboard limits for listed AFA catcher/processors. The basis for these sideboard limits is described in detail in the final rules implementing the major provisions of the AFA (67 FR 79692, December 30, 2002) and Amendment 80 (72 FR 52668, September 14, 2007).

PSC species listed in Table 15 that are caught by listed AFA catcher/processors participating in any groundfish fishery other than pollock will accrue against the proposed 2017 and 2018 PSC sideboard limits for the listed AFA catcher/processors. Section 679.21(b)(4)(iii) and (e)(3)(v) authorizes NMFS to close directed fishing for groundfish other than pollock for listed AFA catcher/processors once a proposed 2017 or 2018 PSC sideboard limit listed in Table 15 is reached.

Crab or halibut PSC caught by listed AFA catcher/processors while fishing for pollock will accrue against the PSC allowances annually specified for either the midwater pollock or the pollock/Atka mackerel/

``other species'' fishery categories, according to Sec. 679.21(b)(1)(ii)(B) and Sec. 679.21(e)(3)(iv).

Page 87878

Table 15--Proposed 2017 and 2018 BSAI Prohibited Species Sideboard Limits for American Fisheries Act Listed

Catcher/Processors

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

Proposed 2017

and 2018 PSC

available to Proposed 2017

PSC species and area \1\ Ratio of PSC trawl vessels and 2018 C/P

to total PSC after sideboard

subtraction limit \2\

of PSQ \2\

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

BSAI Halibut mortality.......................................... n/a n/a 286

Red king crab Zone 1............................................ 0.007 86,621 606

3. opilio (COBLZ)............................................... 0.153 8,131,191 1,224,072

3. bairdi....................................................... n/a n/a n/a

Zone 1...................................................... 0.14 741,190 103,767

Zone 2...................................................... 0.05 1,848,510 92,426

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

\1\ Refer to Sec. 679.2 for definitions of areas.

\2\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.

AFA Catcher Vessel Sideboard Limits

Pursuant to Sec. 679.64(b), the Regional Administrator is responsible for restricting the ability of AFA catcher vessels to engage in directed fishing for groundfish species other than pollock to protect participants in other groundfish fisheries from adverse effects resulting from the AFA and from fishery cooperatives in the directed pollock fishery. Section 679.64(b) establishes formulas for setting AFA catcher vessel groundfish and PSC sideboard limits for the BSAI. The basis for these sideboard limits is described in detail in the final rules implementing the major provisions of the AFA (67 FR 79692, December 30, 2002) and Amendment 80 (72 FR 52668, September 14, 2007). Tables 16 and 17 list the proposed 2017 and 2018 AFA catcher vessel sideboard limits.

All catch of groundfish sideboard species made by non-exempt AFA catcher vessels, whether as targeted catch or as incidental catch, will be deducted from the 2017 and 2018 sideboard limits listed in Table 16.

Table 16--Proposed 2017 and 2018 BSAI Groundfish Sideboard Limits for American Fisheries Act Catcher Vessels

(CVs)

Amounts are in metric tons

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

2017 and 2018

Ratio of 1995- 2017 and 2018 AFA catcher

Species Fishery by area/gear/ 1997 AFA CV initial TAC vessel

season catch to 1995- \1\ sideboard

1997 TAC limits

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

Pacific cod........................... BSAI.................... n/a n/a n/a

Jig gear................ 0 3,144 0

Hook-and-line CV........ n/a n/a n/a

Jan 1-Jun 10............ 0.0006 228 0

Jun 10-Dec 31........... 0.0006 219 0

Pot gear CV............. n/a n/a n/a

Jan 1-Jun 10............ 0.0006 9,587 6

Sept 1-Dec 31........... 0.0006 9,211 6

CV