[Federal Register: March 3, 2006 (Volume 71, Number 42)]
[Rules and Regulations]
[Page 10894-10912]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03mr06-14]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 060216044-6044-01; I.D. 112805B]
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands; 2006 and 2007 Final Harvest Specifications for
Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; apportionment of reserves; closures.
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SUMMARY: NMFS announces 2006 and 2007 final harvest specifications and
prohibited species catch (PSC) 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 2006
and 2007 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 (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: The 2006 and 2007 final harvest specifications and associated
apportionment of reserves are effective at 1200 hrs, Alaska local time
(A.l.t.), March 3, 2006 through 2400 hrs, A.l.t., December 31, 2007.
ADDRESSES: Copies of the Final Environmental Assessment (EA) and Final
Regulatory Flexibility Analysis (FRFA) prepared for this action are
available from Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802,
Attn: Records Officer or from the Alaska Region Web site at http://www.fakr.noaa.gov.
Copies of the 2005 Stock Assessment and Fishery
Evaluation (SAFE) report for the groundfish resources of the BSAI,
dated November 2005, are available from the North Pacific Fishery
Management Council (Council), West 4th Avenue, Suite 306, Anchorage, AK
99510-2252 (907-271-2809) or from its Web site at http://www.fakr.noaa.gov/npfmc
.
FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228 or e-mail
mary.furuness@noaa.gov.
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 annually the total allowable
catch (TAC) for each target species and for the ``other species''
category, the sum must be within the optimum yield range of 1.4 million
to 2.0 million metric tons (mt) (see Sec. 679.20(a)(1)(i)). Also
specified are apportionments of TACs, and Community Development Quota
(CDQ) reserve amounts, PSC allowances, and prohibited species quota
(PSQ) reserve amounts. Section 679.20(c)(3) further requires NMFS to
consider public comment on the proposed annual TACs and apportionments
thereof and the proposed PSC allowances, and to publish final harvest
specifications in the Federal Register. The final harvest
specifications listed in Tables 1 through 17 of this action satisfy
these requirements. For 2006 and 2007, the sum of TACs for each year is
2 million mt.
The 2006 and 2007 proposed harvest specifications and PSC
allowances for the groundfish fishery of the BSAI were published in the
Federal Register on December 16, 2005 (70 FR 74723). Comments were
invited and accepted through January 17, 2006. NMFS received 1 letter
with several comments on the proposed harvest specifications. These
comments are summarized and responded to in the Response to Comments
section. NMFS consulted with the Council during the December 2005
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 2006 and 2007
final harvest specifications as recommended by the Council.
Acceptable Biological Catch (ABC) and TAC Harvest Specifications
The final ABC levels are based on the best available biological and
[[Page 10895]]
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 and is based on
a successive series of six levels, or tiers, of reliable information
available to fishery scientists. Tier 1 represents the highest level of
data quality and tier 6 the lowest level of data quality available.
In December 2005, the Scientific and Statistical Committee (SSC),
Advisory Panel (AP), and Council reviewed current biological
information about the condition of the BSAI groundfish stocks. The
Council's Plan Team complied and presented this information in the 2005
SAFE report for the BSAI groundfish fisheries, dated November 2005. 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. The SAFE
report is available for public review (see ADDRESSES). From these data
and analyses, the Plan Team estimates an OFL and ABC for each species
or species category.
In December 2005, the SSC, AP, and Council reviewed the Plan Team's
recommendations. Except for Bogoslof pollock and the ``other species''
category, the SSC, AP, and Council endorsed the Plan Team's ABC
recommendations. For 2006 and 2007, the SSC recommended lower Bogoslof
pollock OFLs and ABCs than the maximum permissible OFLs and ABCs
recommended by the Plan Team. For Bogoslof pollock, the SSC recommended
using a procedure that reduces the ABC proportionately to the ratio of
current stock biomass to target stock biomass. For ``other species,''
the SSC recommended using tier 6 management for the sharks and octopus
species resulting in lower ABCs than the Plan Team's recommended tier 5
management. The Plan Team also recommended separate OFLs and ABCs for
the species in the ``other species'' category; however, the current FMP
specifies management at the group level. Since 1999, the SSC has
recommended a procedure that moves gradually to a higher ABC for
``other species'' over a 10-year period instead of a large increase in
one year. The 2006 and 2007 ABC amounts reflect the 8th and 9th years
of incremental increase in the ABC for ``other species.'' For all
species, the AP endorsed the ABCs recommended by the SSC, and the
Council adopted them.
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 optimum yield (OY)
range of 1.4 million to 2 million mt. The Council adopted the AP's 2006
and 2007 TAC recommendations. None of the Council's recommended TACs
for 2006 or 2007 exceeds the final 2006 or 2007 ABC for any species
category. NMFS finds that the recommended OFLs, ABCs, and TACs are
consistent with the biological condition of groundfish stocks as
described in the 2005 SAFE report that was approved by the Council.
Other Rules Affecting the 2006 and 2007 Harvest Specifications
The 2007 harvest specifications will be updated in early 2007, when
new harvest specifications for 2007 and 2008 are implemented.
The Council is reviewing Amendment 85, which may revise the BSAI
Pacific cod sector allocation and apportion the Pacific cod ABC or TAC
by Bering Sea subarea and Aleutian Islands (AI) subarea separately
instead of by the entire BSAI management area. The Council is also
reviewing Amendment 84, which may modify current regulations for
managing incidental catch of chinook and chum salmon. Another action
the Council may consider is separating some species from the ``other
species'' species category and establishing separate OFLs, ABCs, and
TACs for those species.
Changes From the 2006 and 2007 Proposed Harvest Specifications in the
BSAI
In October 2005, the Council's recommendations for the 2006 and
2007 proposed harvest specifications (70 FR 74723, December 16, 2005)
were based largely on information contained in the 2004 SAFE report for
the BSAI groundfish fisheries, dated November 2004. The Council
recommended that OFLs and ABCs for stocks in tiers 1 through 3 be based
on biomass projections as set forth in the 2004 SAFE report and
estimates of groundfish harvests through the 2005 fishing year. For
stocks in tiers 4 through 6, for which projections could not be made,
the Council recommended that OFL and ABC levels be unchanged from 2005
until the 2005 SAFE report could be completed. The 2005 SAFE report
(dated November 2005), which was not available when the Council made
its recommendations in October 2005, contains the best and most recent
scientific information on the condition of the groundfish stocks. In
December 2005, the Council considered the 2005 SAFE report in making
its recommendations for the 2006 and 2007 final harvest specifications.
Based on the 2005 SAFE report, the sum of the 2006 and 2007 recommended
final TACs for the BSAI (2,000,000 mt) is the same as the sum of the
2006 and 2007 proposed TACs. Those species for which the final 2006 TAC
is lower than the proposed 2006 TAC are Bering Sea subarea pollock
(decreased to 1,485,000 mt, from 1,487,756 mt), Pacific cod (decreased
to 194,000 mt, from 195,000 mt), Greenland turbot (decreased to 2,740
mt, from 3,500 mt), rock sole (decreased to 41,500 mt, from 42,000 mt),
flathead sole (decreased to 19,500 mt, from 20,000 mt), Alaska plaice
(decreased to 8,000 mt, from 10,000 mt), northern rockfish (decreased
to 4,500 mt, from 5,000 mt), shortraker rockfish (decreased to 580 mt,
from 596 mt), and ``other species'' (decreased to 29,000 mt, from
29,200 mt). Those species for which the final 2006 TAC is higher than
the proposed 2006 TAC are Bering Sea sablefish (increased to 2,820 mt,
from 2,310 mt), AI sablefish (increased to 3,000 mt, from 2,480 mt),
``other flatfish'' (increased to 3,500 mt, from 3,000 mt), yellowfin
sole (increased to 95,701 mt, from 90,000 mt), arrowtooth flounder
(increased to 13,000 mt, from 12,000 mt), and rougheye rockfish
(increased to 224 mt, from 223 mt). Those species for which the final
2007 TAC is lower than the proposed 2007 TAC are Pacific cod (decreased
to 148,000 mt, from 172,200 mt), Bering Sea Greenland turbot (decreased
to 2,630 mt, from 10,500 mt), Atka mackerel (decreased to 63,000 mt,
from 90,800 mt), yellowfin sole (decreased to 107,641 mt, from 109,600
mt), rock sole (decreased to 44,000 mt, from 116,100 mt), arrowtooth
flounder (decreased to 18,000 mt, from 39,100 mt), flathead sole
(decrease to 22,000 mt, from 50,600 mt), ``other flatfish'' (decreased
to 5,000 mt, from 21,400 mt), Alaska plaice (decreased to 15,000 mt,
from 65,000 mt), Pacific ocean perch (decreased to 14,800 mt, from
15,100 mt), northern rockfish (decreased to 5,000 mt, from 8,200 mt),
shortraker rockfish (decreased to 580 mt, from 596 mt), squid
(decreased to 1,275 mt, from 1,970 mt), and ``other species''
(decreased to 27,000 mt, from 29,200). Those species for which the
final 2007 TAC is higher than the proposed 2007 TAC are Bering Sea
pollock (increased to 1,500,000 mt,
[[Page 10896]]
from 1,223,200 mt), Bering Sea sablefish (increased to 2,700 mt, from
2,400 mt), AI sablefish (increased to 2,740 mt, from 2,600 mt), and
rougheye rockfish (increased to 224 from 223 mt). As mentioned in the
2006 and 2007 proposed harvest specifications, NMFS is apportioning the
amounts shown in Table 2 from the non-specified reserve to increase the
ITAC of several target species.
The 2006 and 2007 final TAC recommendations for the BSAI are within
the OY range established for the BSAI and do not exceed ABCs for any
single species/complexes. Compared to the 2006 and 2007 proposed
harvest specifications, the Council's 2005 final TAC recommendations
increase fishing opportunities for fishermen and economic benefits to
the nation for species for which the Council had sufficient information
to raise TAC levels. These include BSAI sablefish, yellowfin sole,
arrowtooth flounder, ``other flatfish'', and rougheye rockfish.
Conversely, the Council reduced TAC levels to provide greater
protection for several species, these include Bering Sea subarea
pollock, Pacific cod, rock sole, Greenland turbot, flathead sole,
Alaska plaice, northern rockfish, shortraker rougheye, and ``other
species.'' The changes recommended by the Council were based on the
best scientific information available, consistent with National
Standard 2 of the Magnuson-Stevens Act, and within a reasonable range
of variation from the proposed TAC recommendations so that the affected
public was fairly apprised and could have made meaningful comments.
Table 1 lists the 2006 and 2007 final OFL, ABC, TAC, ITAC and CDQ
reserve amounts of the BSAI groundfish. The apportionment of TAC
amounts among fisheries and seasons is discussed below.
Table 1.--2006 and 2007 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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2006 2007
Species Area -------------------------------------------------------------------------------------------------------------
OFL ABC TAC ITAC \2\ CDQ \3\ OFL ABC TAC ITAC \2\ CDQ \3\
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Pollock \4\.................. BS \2\..... 2,090,000 1,930,000 1,485,000 1,336,500 148,500 1,930,000 1,790,000 1,500,000 1,350,000 150,000
AI \2\..... 39,100 29,400 19,000 17,100 1,900 39,100 29,400 19,000 17,100 1,900
Bogoslof... 50,600 5,500 10 10 n/a 50,600 5,500 10 10 n/a
Pacific cod.................. BSAI....... 230,000 194,000 194,000 164,900 14,550 176,000 148,000 148,000 125,800 11,100
Sablefish \5\................ BS......... 3,680 3,060 2,820 2,327 388 3,260 2,700 2,700 1,148 101
AI......... 3,740 3,100 3,000 2,438 499 3,300 2,740 2,740 582 51
Atka mackerel................ BSAI....... 130,000 110,000 63,000 53,550 4,725 107,000 91,000 63,000 53,550 4,725
EAI/BS..... n/a 21,780 7,500 6,375 563 n/a 18,020 7,500 6,375 563
CAI........ n/a 46,860 40,000 34,000 3,000 n/a 38,760 38,000 32,300 2,850
WAI........ n/a 41,360 15,500 13,175 1,163 n/a 34,220 17,500 14,875 1,313
Yellowfin sole............... BSAI....... 144,000 121,000 95,701 81,346 7,178 137,000 116,000 107,641 91,495 8,073
Rock sole.................... BSAI....... 150,000 126,000 41,500 35,275 3,113 145,000 122,000 44,000 37,400 3,300
Greenland turbot............. BSAI....... 14,200 2,740 2,740 2,329 206 13,400 2,630 2,630 2,236 197
BS......... n/a 1,890 1,890 1,607 142 n/a 1,815 1,815 1,543 136
AI......... n/a 850 850 723 64 n/a 815 815 693 61
Arrowtooth flounder.......... BSAI....... 166,000 136,000 13,000 11,050 975 174,000 142,000 18,000 15,300 1,350
Flathead sole................ BSAI....... 71,800 59,800 19,500 16,575 1,463 67,900 56,600 22,000 18,700 1,650
Other flatfish \6\........... BSAI....... 24,200 18,100 3,500 2,975 263 24,200 18,100 5,000 4,250 375
Alaska plaice................ BSAI....... 237,000 188,000 8,000 6,800 600 231,000 183,000 15,000 12,750 1,125
Pacific ocean perch.......... BSAI....... 17,600 14,800 12,600 10,710 945 17,600 14,800 14,800 12,580 1,110
BS......... n/a 2,960 1,400 1,190 105 n/a 2,960 2,960 2,516 222
EAI........ n/a 3,256 3,080 2,618 231 n/a 3,256 3,256 2,768 244
CAI........ n/a 3,212 3,035 2,580 228 n/a 3,212 3,212 2,730 241
WAI........ n/a 5,372 5,085 4,322 381 n/a 5,375 5,372 4,566 403
Northern rockfish............ BSAI....... 10,100 8,530 4,500 3,825 338 9,890 8,320 5,000 4,250 375
Shortraker rockfish.......... BSAI....... 774 580 580 493 44 774 580 580 493 44
Rougheye rockfish............ BSAI....... 299 224 224 190 17 299 224 224 190 17
Other rockfish \7\........... BSAI....... 1,870 1,400 1,050 893 79 1,870 1,400 1,400 1,190 105
BS......... n/a 810 460 391 35 n/a 810 810 689 61
AI......... n/a 590 590 502 44 n/a 590 590 502 44
Squid........................ BSAI....... 2,620 1,970 1,275 1,084 n/a 2,620 1,970 1,275 1,084 n/a
Other species \8\............ BSAI....... 89,404 58,882 29,000 24,650 2,175 89,404 62,950 27,000 22,950 2,025
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Total.................... ........... 3,476,987 3,013,086 2,000,000 1,775,020 187,958 3,224,217 2,799,914 2,000,000 1,773,058 187,623
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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 and the portion of the sablefish TAC allocated to hook-and-line and pot gear, 15 percent of each TAC is put into a reserve. The
ITAC for each species is the remainder of the TAC after the subtraction of these reserves.
\3\ Except for pollock, squid and the hook-and-line or pot gear allocation of sablefish, one half of the amount of the TACs placed in reserve, or 7.5
percent of the TACs, is designated as a CDQ reserve for use by CDQ participants (see Sec. Sec. 679.20(b)(1)(iii) and 679.31).
\4\ Pursuant to Sec. 679.20(a)(5)(i)(A)(1), the annual Bering Sea pollock TAC after subtraction for the CDQ directed fishing allowance--10 percent and
the ICA--3.35 percent, is further allocated by sector for a directed pollock fishery as follows: Inshore--50 percent; catcher/processor--40 percent;
and motherships--10 percent. 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 for the ICA--1,800 mt, is allocated to the Aleut Corporation for a directed pollock fishery.
\5\ Twenty percent of the sablefish TAC allocated to hook-and-line gear or pot gear and 7.5 percent of the sablefish TAC allocated to trawl gear is
reserved for use by CDQ participants (see Sec. 679.20(b)(1)(iii)).
\6\ ``Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), flathead sole, Greenland turbot, rock sole, yellowfin
sole, arrowtooth flounder and Alaska plaice.
\7\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, northern, shortraker, and rougheye rockfish.
\8\ ``Other species'' includes sculpins, sharks, skates and octopus. Forage fish, as defined at Sec. 679.2, are not included in the ``other species''
category.
[[Page 10897]]
Reserves and the Incidental Catch Allowance (ICA) for Pollock
Section 679.20(b)(1)(i) requires the placement of 15 percent of the
TAC for each target species or species group, except for pollock and
the hook-and-line and pot gear allocation of sablefish, in a non-
specified reserve. Section 679.20(b)(1)(iii) further requires the
allocation of one-half of each TAC amount that is placed in the non-
specified reserve (7.5 percent), with the exception of squid, to the
groundfish CDQ reserve, and the allocation of 20 percent of the hook-
and-line and pot gear allocation of sablefish to the fixed gear
sablefish CDQ reserve. Sections 679.20(a)(5)(i)(A) and 679.31(a) also
require the allocation of 10 percent of the BSAI pollock TACs to the
pollock CDQ directed fishing allowance. 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.
Section 679.21(e)(1)(i) requires withholding of 7.5 percent of each PSC
limit, with the exception of herring, as a PSQ reserve for the CDQ
fisheries. Sections 679.30 and 679.31 set forth regulations governing
the management of the CDQ and PSQ reserves.
Pursuant to Sec. 679.20(a)(5)(i)(A)(1), NMFS allocates a pollock
ICA of 3.35 percent of the Bering Sea subarea pollock TAC after
subtraction of 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 1998 through 2005. During this 6-year period, the pollock
incidental catch ranged from a low of 2 percent in 2003, to a high of 5
percent in 1999, with a 6-year average of 3.5 percent. Pursuant to
Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS recommends setting a
1,800 mt ICA for AI subarea pollock after subtraction of the 10 percent
CDQ directed fishing allowance.
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 or to the ``other species'' category
during the year, providing that such apportionments do not result in
overfishing (see Sec. 679.20(b)(1)(ii)). The Regional Administrator
has determined that the ITACs specified for the species listed in Table
2 need to be supplemented from the non-specified reserve because U.S.
fishing vessels have demonstrated the capacity to catch the full TAC
allocations. Therefore, in accordance with Sec. 679.20(b)(3), NMFS is
apportioning the amounts shown in Table 2 from the non-specified
reserve to increase the ITAC to an amount that is equal to TAC minus
the CDQ reserve.
Table 2.--2006 and 2007 Apportionment of Reserves to ITAC Categories
[Amounts are in metric tons]
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2006 2007
Species--area or subarea reserve 2006 final reserve 2007 final
amount ITAC amount ITAC
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Atka mackerel--Eastern Aleutian District and Bering Sea 563 6,938 563 6,938
subarea....................................................
Atka mackerel--Central Aleutian District.................... 3,000 37,000 2,850 35,150
Atka mackerel--Western Aleutian District.................... 1,163 14,338 1,313 16,188
Pacific ocean perch--Eastern Aleutian District.............. 231 2,849 244 3,012
Pacific ocean perch--Central Aleutian District.............. 228 2,808 241 2,971
Pacific ocean perch--Western Aleutian District.............. 381 4,703 403 4,969
Pacific cod--BSAI........................................... 14,550 179,450 11,100 136,900
Shortraker rockfish--BSAI................................... 44 537 44 537
Rougheye rockfish--BSAI..................................... 17 207 17 207
Northern rockfish--BSAI..................................... 338 4,163 375 4,625
Other rockfish--Bering Sea subarea.......................... 35 426 61 750
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Total................................................... 20,550 253,419 17,211 212,247
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Allocation of Pollock TAC Under the American Fisheries Act (AFA)
Section 679.20(a)(5)(i)(A) requires that the pollock TAC
apportioned to the Bering Sea subarea, after subtraction of the 10
percent for the CDQ program and the 3.35 percent for the ICA, will be
allocated as a directed fishing allowance (DFA) as follows: 50 percent
to the inshore component, 40 percent to the catcher/processor
component, and 10 percent to the mothership component. In the Bering
Sea subarea, the A season (January 20-June 10) is allocated 40 percent
of the DFA and the B season (June 10-November 1) is allocated 60
percent of the DFA. The AI directed pollock fishery allocation to the
Aleut Corporation is the amount of pollock remaining in the AI subarea
after subtracting 1,900 mt for the CDQ DFA (10 percent) and 1,800 mt
for the ICA. In the AI subarea, 40 percent of the ABC is allocated to
the A season and the remainder of the directed pollock fishery is
allocated to the B season. Table 3 lists these 2006 and 2007 amounts.
Section 679.20(a)(5)(i)(A)(4) also includes several specific
requirements regarding pollock and pollock allocations. First, 8.5
percent of the pollock allocated to the catcher/processor sector will
be available for harvest by AFA catcher vessels with catcher/processor
sector endorsements, unless the Regional Administrator receives a
cooperative contract that provides for the distribution of harvest
among AFA catcher/processors and AFA catcher vessels in a manner agreed
to by all members. Second, AFA catcher/processors not listed in the AFA
are limited to harvesting not more than 0.5 percent of the pollock
allocated to the catcher/processor sector. Table 3 lists the 2006 and
2007 allocations of pollock TAC. Tables 10 through 17 list other
provisions of the AFA, including inshore pollock cooperative
allocations and listed catcher/processor and catcher vessel harvesting
sideboard limits.
Table 3 also lists seasonal apportionments of pollock and harvest
limits within the Steller Sea Lion Conservation Area (SCA). The harvest
within the SCA, as defined at Sec. 679.22(a)(7)(vii), is limited to 28
percent of the annual directed fishing allowance (DFA) until April 1.
The remaining 12 percent of the 40 percent of the annual DFA allocated
to the A season may be taken outside the SCA before April 1 or inside
the SCA after April 1. If the 28 percent of the annual
[[Page 10898]]
DFA is not taken inside the SCA before April 1, the remainder is
available to be taken inside the SCA after April 1. The A season
pollock SCA harvest limit will be apportioned to each sector in
proportion to each sector's allocated percentage of the DFA. Table 3
lists by sector these 2006 and 2007 amounts.
Table 3.--2006 and 2007 Allocations of Pollock TACS to the Directed Pollock Fisheries and to the CDQ Directed Fishing Allowances (DFA)\1\
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2006 A season \1\ 2006 B 2007 A season \1\ 2007 B
-------------------------- season \1\ -------------------------- season \1\
Area and sector 2006 ------------- 2007 ------------
allocations A season SCA harvest B season allocations A season SCA harvest B season
DFA limit \2\ DFA DFA limit \2\ DFA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea subarea.............................. 1,485,000 n/a n/a n/a 1,500,000 n/a n/a n/a
CDQ DFA......................................... 148,500 59,400 41,580 89,100 150,000 60,000 42,000 90,000
ICA \1\......................................... 44,773 n/a n/a n/a 45,225 n/a n/a n/a
AFA Inshore..................................... 645,864 258,345 180,842 387,518 652,388 260,955 182,669 391,433
AFA Catcher/Processors \3\...................... 516,691 206,676 144,673 310,015 521,910 208,764 146,135 313,146
Catch by C/Ps............................... 472,772 189,109 n/a 283,663 477,548 191,019 n/a 286,529
Catch by CVs \3\............................ 43,919 17,567 n/a 26,351 44,362 17,745 n/a 26,617
Unlisted C/P Limit \4\.................. 2,583 1,033 n/a 1,550 2,610 1,044 n/a 1,566
AFA Motherships................................. 129,173 51,669 36,168 77,504 130,478 52,191 36,534 78,287
Excessive Harvesting Limit \5\.................. 226,052 n/a n/a n/a 228,336 n/a n/a n/a
Excessive Processing Limit \6\.................. 387,518 n/a n/a n/a 391,433 n/a n/a n/a
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Total Bering Sea DFA........................ 1,440,228 576,090 403,263 864,137 1,454,776 581,910 407,338 872,866
Aleutian Islands subarea \1\.................... 19,000 n/a n/a n/a 19,000 n/a n/a n/a
CDQ DFA..................................... 1,900 760 n/a 1,140 1,900 760 n/a 1,140
ICA......................................... 1,800 1,200 n/a 600 1,800 1,200 n/a 600
Aleut Corporation........................... 15,300 9,800 n/a 5,500 15,300 9,800 n/a 5,500
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Bogoslof District ICA \7\....................... 10 n/a n/a n/a 10 n/a n/a n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the Bering Sea subarea pollock, after subtraction for the CDQ DFA--10 percent and the ICA--3.35 percent, is
allocated as a DFA as follows: Inshore component--50 percent, catcher/processor component--40 percent, and mothership component--10 percent. In the
Bering Sea subarea, the A season, January 20--June 10, is allocated 40 percent of the DFA and the B season, June 10--November 1, is allocated 60
percent of the DFA. Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock TAC, after subtracting first for the CDQ directed
fishing allowance--10 percent and second the ICA--1,800 mt, is allocated to the Aleut Corporation for a directed pollock fishery. In the AI subarea,
the A season is allocated 40 percent of the ABC and the B season is allocated the remainder of the directed pollock fishery.
\2\ In the Bering Sea subarea, no more than 28 percent of each sector's annual DFA may be taken from the SCA before April 1. The remaining 12 percent of
the annual DFA allocated to the A season may be taken outside of SCA before April 1 or inside the SCA after April 1. If 28 percent of the annual DFA
is not taken inside the SCA before April 1, the remainder is available to be taken inside the SCA after April 1.
\3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors 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 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 pollock DFAs.
\7\ The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The amounts specified are for ICA only, and are
not apportioned by season or sector.
Allocation of the Atka Mackerel ITAC
Pursuant to Sec. 679.20(a)(8)(i), up to 2 percent of the Eastern
Aleutian District and the Bering Sea subarea Atka mackerel ITAC may be
allocated to jig gear. The amount of this allocation is determined
annually by the Council based on several criteria, including the
anticipated harvest capacity of the jig gear fleet. The Council
recommended, and NMFS approved, a 1 percent allocation of the Atka
mackerel ITAC in the Eastern Aleutian District and the Bering Sea
subarea to the jig gear in 2006 and 2007. Based on the 2006 and 2007
ITACs and reserve apportionments that together total 6,938 mt, the jig
gear allocation is 69 mt.
Section Sec. 679.20(a)(8)(ii)(A) apportions the Atka mackerel ITAC
into two equal seasonal allowances. After subtraction of the jig gear
allocation, the first seasonal allowance is made available for directed
fishing from January 1 (January 20 for trawl gear) to April 15 (A
season), and the second seasonal allowance is made available from
September 1 to November 1 (B season) (see Table 4).
Pursuant to Sec. 679.20(a)(8)(ii)(C)(1), the Regional
Administrator will establish a harvest limit area (HLA) limit of no
more than 60 percent of the seasonal TAC for the Western and Central
Aleutian Districts. A lottery system is used for the HLA Atka mackerel
directed fisheries to reduce the amount of daily catch in the HLA by
about half and to disperse the fishery over two districts (see Sec.
679.20(a)(8)(iii)).
[[Page 10899]]
Table 4.-2006 and 2007 Seasonal and Spatial Allowances, Gear Shares, and CDQ Reserve of the BSAI ATKA Mackerel TAC \1\
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2006 seasonal allowances \2\
---------------------------------------------------
2006 CDQ 2006 CDQ A season \3\ B season \3\
Subarea and component 2006 TAC reserve reserve HLA 2006 ITAC ---------------------------------------------------
limit \4\ HLA limit HLA limit
Total \4\ Total \4\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Western AI District............................. 15,500 1,163 698 14,338 7,169 4,301 7,169 4,301
Central AI District............................. 40,000 3,000 1,800 37,000 18,500 11,100 18,500 11,100
EAI/BS subarea \5\.............................. 7,500 563 n/a 6,938 n/a n/a n/a n/a
Jig (1%) \6\................................ n/a n/a n/a 69 n/a n/a n/a n/a
Other gear (99%)............................ n/a n/a n/a 6,868 3,434 n/a 3,434 n/a
--------------
Total................................... 63,000 n/a n/a n/a 29,103 n/a 29,103 n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------
2007 Seasonal allowances \2\
-----------------------------------------------------------
2007 CDQ B season \3\
Subarea and component 2007 TAC 2007 CDQ reserve HLA 2007 ITAC ----------------------------------------------
reserve limit \4\ A season HLA
\3\ Total HLA limit Total limit
\4\ \4\
--------------------------------------------------------------------------------------------------------------------------------------------------- -------
Western AI District........................ 17,500 1,313 788 16,188 8,094 4,856 8,094 4,856
Central AI District........................ 38,000 2,850 1,710 35,150 17,575 10,545 17,575 10,545
EAI/BS subarea \5\......................... 7,500 563 n/a 6,938 n/a n/a n/a n/a
Jig (1%) \6\........................... n/a n/a n/a 69 n/a n/a n/a n/a
Other gear (99%)....................... n/a n/a n/a 6,868 3,434 n/a 3,434 n/a
--------------
Total.............................. 63,000 n/a n/a n/a 29,103 n/a 29,103 n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Regulations at Sec. Sec. 679.20(a)(8)(ii) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery.
\2\ The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
\3\ The A season is January 1 (January 20 for trawl gear) to April 15 and the B season is September 1 to November 1.
\4\ Harvest Limit Area (HLA) limit refers to the amount of each seasonal allowance that is available for fishing inside the HLA (see Sec. 679.2). In
2006 and 2007, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts.
\5\ Eastern Aleutian District and the Bering Sea subarea.
\6\ Regulations at Sec. 679.20 (a)(8)(i) require that up to 2 percent of the Eastern Aleutian District and the Bering Sea subarea ITAC be allocated to
jig gear. The amount of this allocation is 1 percent. The jig gear allocation is not apportioned by season.
Allocation of the Pacific Cod ITAC
Pursuant to Sec. 679.20(a)(7)(i)(A), 2 percent of the Pacific cod
ITAC is allocated to vessels using jig gear, 51 percent to vessels
using hook-and-line or pot gear, and 47 percent to vessels using trawl
gear. Section 679.20(a)(7)(i)(B) further allocates the portion of the
Pacific cod ITAC allocated to trawl gear as 50 percent to catcher
vessels and 50 percent to catcher/processors. Section
679.20(a)(7)(i)(C)(1) sets aside a portion of the Pacific cod ITAC
allocated to hook-and-line or pot gear as an ICA of Pacific cod in
directed fisheries for groundfish using these gear types. Based on
anticipated incidental catch in these fisheries, the Regional
Administrator specifies an ICA of 500 mt. The remainder of Pacific cod
ITAC is further allocated to vessels using hook-and-line or pot gear as
the following DFAs: 80 percent to hook-and-line catcher/processors, 0.3
percent to hook-and-line catcher vessels, 3.3 percent to pot catcher/
processors, 15 percent to pot catcher vessels, and 1.4 percent to
catcher vessels under 60 feet (18.3 m) length overall (LOA) using hook-
and-line or pot gear.
Due to concerns about the potential impact of the Pacific cod
fishery on Steller sea lions and their critical habitat, the
apportionment of the ITAC disperses the Pacific cod fisheries into two
seasonal allowances (see Sec. Sec. 679.20(a)(7)(iii)(A) and
679.23(e)(5)). For pot and most hook-and-line gear, the first seasonal
allowance of 60 percent of the ITAC is made available for directed
fishing from January 1 to June 10, and the second seasonal allowance of
40 percent of the ITAC is made available from June 10 (September 1 for
pot gear) to December 31. No seasonal harvest constraints are imposed
for the Pacific cod fishery by catcher vessels less than 60 feet (18.3
m) LOA using hook-and-line or pot gear. For trawl gear, the first
season is January 20 to April 1 and is allocated 60 percent of the
ITAC. The second season, April 1 to June 10, and the third season, June
10 to November 1, are each allocated 20 percent of the ITAC. The trawl
catcher vessel allocation is further allocated as 70 percent in the
first season, 10 percent in the second season and 20 percent in the
third season. The trawl catcher/processor allocation is allocated 50
percent in the first season, 30 percent in the second season, and 20
percent in the third season. For jig gear, the first season and third
seasons are each allocated 40 percent of the ITAC and the second season
is allocated 20 percent of the ITAC. Table 5 lists the 2006 and 2007
allocations and seasonal apportionments of the Pacific cod ITAC. In
accordance with Sec. 679.20(a)(7)(ii)(D) and (iii)(B), any unused
portion of a seasonal Pacific cod allowance will become available at
the beginning of the next seasonal allowance.
[[Page 10900]]
Table 5.--2006 and 2007 Gear Shares and Seasonal Allowances of the BSAI Pacific Cod ITAC
[Amounts are in metric tons]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2006 2006 2006 2006 seasonal appointment \1\ 2007 2007 2007 2007 seasonal appointment \1\
share of subtotal share of --------------------------------------- share of subtotal share of --------------------------------------
Gear sector Percent gear percentages gear gear percentage gear
sector for gear sector Date Amount sector for gear sector Date Amount
total sectors total total sectors total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total hook-and-line/pot gear........... 51 91,520 n/a n/a n/a........................ n/a 69,819 n/a n/a n/a........................ n/a
Hook-and-line/pot ICA.................. n/a n/a n/a 500 n/a........................ n/a n/a n/a 500 n/a........................ n/a
Hook-and-line/pot sub-total............ n/a 91,020 n/a n/a n/a........................ n/a 69,319 n/a n/a n/a........................ n/a
Hook-and-line C/P...................... n/a n/a 80 72,816 Jan 1-Jun 10............... 43,690 n/a 80 55,455 Jan 1-Jun 10............... 33,273
........ ........ ........... ........ Jun 10-Dec 31.............. 29,126 ........ .......... ........ Jun 10-Dec 31.............. 22,182
Hook-and-line CV....................... n/a n/a 0.3 273 Jan 1-Jun 10............... 164 n/a 0.3 208 Jan 1-Jun 10............... 125
........ ........ ........... ........ Jun 10-Dec 31.............. 109 ........ .......... ........ Jun 10-Dec 31.............. 83
Pot C/P................................ n/a n/a 3.3 3,004 Jan 1-Jun 10............... 1,803 n/a 3.3 2,288 Jan 1-Jun 10............... 1,373
........ ........ ........... ........ Sept 1-Dec 31.............. 1,201 ........ .......... ........ Sept 1-Dec 31.............. 915
Pot CV................................. n/a n/a 15 13,653 Jan 1-Jun 10............... 8,192 n/a 15 10,398 Jan 1-Jun 10............... 6,239
........ ........ ........... ........ Sept 1-Dec 31.............. 5,461 ........ .......... ........ Sept 1-Dec 31.............. 4,159
CV < 60 feet LOA using Hook-and-line or n/a n/a 1.4 1,274 n/a........................ n/a n/a 1.4 970 n/a........................ n/a
Pot gear.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Trawl Gear................... 47 84,342 n/a n/a n/a........................ n/a 64,343 n/a n/a n/a........................ n/a
Trawl CV........................... ........ ........ 50 42,171 Jan 20-Apr 1............... 29,520 ........ 50 32,171 Jan 20-Apr 1............... 22,520
........ ........ ........... n/a Apr 1-Jun 10............... 4,217 ........ .......... n/a Apr 1-Jun 10............... 3,217
........ ........ ........... n/a Jun 10-Nov 1............... 8,434 ........ .......... n/a Jun 10-Nov 1............... 6,434
Trawl CP........................... ........ ........ 50 42,171 Jan 20-Apr 1............... 21,086 ........ 50 32,171 Jan 20-Apr 1............... 16,086
........ ........ ........... n/a Apr 1-Jun 10............... 12,651 ........ .......... n/a Apr 1-Jun 10............... 9,651
........ ........ ........... n/a Jun 10-Nov 1............... 8,434 ........ .......... n/a Jun 10-Nov 1............... 6,434
Jig.................................... 2 3,589 n/a n/a Jan 1-Apr 30............... 1,436 2,738 n/a n/a Jan 1-Apr 30............... 1,095
........ ........ n/a n/a Apr 30-Aug 31.............. 718 ........ n/a n/a Apr 30-Aug 31.............. 548
........ ........ n/a n/a Aug 31-Dec 31.............. 1,435 ........ n/a n/a Aug 31-Dec 31.............. 1,095
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total.......................... 100 179,450 n/a n/a n/a........................ n/a 136,900 n/a n/a n/a........................ n/a
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For most non-trawl gear the first season is allocated 60 percent of the ITAC and the second season is allocated 40 percent of the ITAC. For jig gear, the first season and third seasons are
each allocated 40 percent of the ITAC and the second season is allocated 20 percent of the ITAC. No seasonal harvest constraints are imposed for the Pacific cod fishery by catcher vessels
less than 60 feet (18.3 m) LOA using hook-and-line or pot gear. For trawl gear, the first season is allocated 60 percent of the ITAC and the second and third seasons are each allocated 20
percent of the ITAC. The trawl catcher vessels' allocation is further allocated as 70 percent in the first season, 10 percent in the second season and 20 percent in the third season. The
trawl catcher/processors' allocation is allocated 50 percent in the first season, 30 percent in the second season and 20 percent in the third season. Any unused portion of a seasonal Pacific
cod allowance will be reapportioned to the next seasonal allowance.
Sablefish Gear Allocation
Section 679.20(a)(4)(iii) and (iv) requires the allocation of
sablefish TACs for the Bering Sea and AI subareas between trawl and
hook-and-line or pot gear. Gear allocations of the TACs for the Bering
Sea subarea are 50 percent for trawl gear and 50 percent for hook-and-
line or pot gear and for the AI subarea are 25 percent for trawl gear
and 75 percent for hook-and-line or pot gear. Section
679.20(b)(1)(iii)(B) requires apportionment of 20 percent of the hook-
and-line and pot gear allocation of sablefish to the CDQ reserve.
Additionally, Sec. 679.20(b)(1)(iii)(A) requires apportionment of 7.5
percent of the trawl gear allocation of sablefish (one half of the
reserve) to the CDQ reserve. Pursuant to Sec. 679.20(c)(1)(iv), the
harvest specifications for the hook-and-line gear and pot gear
sablefish IFQ fisheries will be limited to the 2006 fishing year to
ensure those fisheries are conducted concurrent with the halibut IFQ
fishery. Having the sablefish IFQ fisheries concurrent with the halibut
IFQ fishery will reduce the potential for discards of halibut and
sablefish in those fisheries. The sablefish IFQ fisheries will remain
closed at the beginning of each fishing year until the final
specifications for the sablefish IFQ fisheries are in effect. The trawl
sablefish fishery will be managed using specifications for up to a 2-
year period concurrent with the remaining BSAI species. Table 6 lists
the 2006 and 2007 gear allocations of the sablefish TAC and CDQ reserve
amounts.
Table 6.--2006 and 2007 Gear Shares and CDQ Reserve of BSAI Sablefish TACS
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Percent of 2006 share 2006 ITAC 2006 CDQ 2007 share 2007 CDQ
Subarea and gear TAC of TAC \1\ reserve of TAC 2007 ITAC reserve
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea:
Trawl \2\................................................ 50 1,410 1,199 106 1,350 1,148 101
Hook-and-line/pot gear \3\............................... 50 1,410 1,128 282 n/a n/a n/a
------------------------------------------------------------------------------------------
Total................................................ 100 2,820 2,327 388 1,350 1,148 101
Aleutian Islands:
Trawl \2\................................................ 25 750 638 56 685 582 51
Hook-and-line/pot gear \3\............................... 75 2,250 1,800 450 n/a n/a n/a
------------------------------------------------------------------------------------------
[[Page 10901]]
Total................................................ 100 3,000 2,438 506 685 582 51
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Except for the sablefish hook-and-line or pot gear allocation, 15 percent of TAC is apportioned to the reserve. The ITAC is the remainder of the TAC
after the subtraction of these reserves.
\2\ For the portion of the sablefish TAC allocated to vessels using trawl gear, one half of the reserve (7.5 percent of the specified TAC) is reserved
for the CDQ program.
\3\ For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the allocated TAC is reserved for use by
CDQ participants. The Council recommended that specifications for the hook-and-line gear sablefish IFQ fisheries be limited to 1 year.
Allocation of PSC Limits for Halibut, Salmon, Crab, and Herring
Section 679.21(e) provides the halibut PSC limits. The BSAI halibut
mortality limits are 3,675 mt for trawl fisheries and 900 mt for the
non-trawl fisheries. Section 679.21(e)(1)(vii) specifies 29,000 fish as
the 2006 and 2007 chinook salmon PSC limit for the Bering Sea subarea
pollock fishery. Section 679.21(e)(1)(i) allocates 7.5 percent, or
2,175 chinook salmon, as the PSQ for the CDQ program and allocates the
remaining 26,825 chinook salmon to the non-CDQ fisheries. Section
679.21(e)(1)(ix) specifies 700 fish as the 2006 and 2007 PSC limit for
the AI subarea pollock fishery. Section 679.21(e)(l)(i) allocates 7.5
percent, or 53 chinook salmon, as an AI PSQ for the CDQ program and
allocates the remaining 647 chinook salmon to the non-CDQ fisheries.
Section 679.21(e)(1)(viii) specifies 42,000 fish as the 2006 and 2007
non-chinook salmon PSC limit. Section 679.21(e)(1)(i) allocates 7.5
percent, or 3,150 non-chinook salmon, as the PSQ for the CDQ program
and allocates the remaining 38,850 non-chinook salmon to the non-CDQ
fisheries. PSC limits for crab and herring are specified annually based
on abundance and spawning biomass.
The red king crab mature female abundance is estimated from the
2005 survey data as 42.6 million king crab and the effective spawning
biomass is estimated as 68 million pounds (30,845 mt). Based on the
criteria set out at Sec. 679.21(e)(1)(ii), the 2006 and 2007 PSC limit
of red king crab in Zone 1 for trawl gear is 197,000 animals. This
limit results from the mature female abundance being above 8.4 million
king crab and the effective spawning biomass estimate being greater
than 55 million pounds (24,948 mt).
Section 679.21(e)(3)(ii)(B) establishes criteria under which NMFS
must specify an annual red king crab bycatch limit for the Red King
Crab Savings Subarea (RKCSS). The regulations limit the RKCSS to up to
35 percent of the trawl bycatch allowance specified for the rock sole/
flathead sole/``other flatfish'' fishery category based on the need to
optimize the groundfish harvest relative to red king crab bycatch. The
Council recommended, and NMFS approves, a red king crab bycatch limit
equal to 35 percent of the trawl bycatch allowance specified for the
rock sole/flathead sole/``other flatfish'' fishery category within the
RKCSS.
Based on 2005 survey data, Tanner crab Chionoecetes bairdi
abundance is estimated as 763 million animals. Given the criteria set
out at Sec. 679.21(e)(1)(iii), the 2006 and 2007 C. bairdi crab PSC
limit for trawl gear is 980,000 animals in Zone 1 and 2,970,000 animals
in Zone 2. These limits result from the C. bairdi crab abundance
estimate of over 400 million animals.
Pursuant to Sec. 679.21(e)(1)(iv), the PSC limit for snow crab C.
opilio is based on total abundance as indicated by the NMFS annual
bottom trawl survey. The C. opilio crab PSC limit is set at 0.1133
percent of the Bering Sea abundance index. Based on the 2005 survey
estimate of 5,217,718,000 animals, the calculated limit is 5,911,674
animals. Pursuant to Sec. 679.21(e)(1)(iv)(B), the 2006 and 2007 C.
opilio crab PSC limit is 5,911,674 animals minus 150,000 animals, which
results in a limit of 5,761,674 animals.
Pursuant to Sec. 679.21(e)(1)(vi), the PSC limit of Pacific
herring caught while conducting any trawl operation for BSAI groundfish
is 1 percent of the annual eastern Bering Sea herring biomass. The best
estimate of 2006 and 2007 herring biomass is 177,000 mt. This amount
was derived using 2005 survey data and an age-structured biomass
projection model developed by the Alaska Department of Fish and Game.
Therefore, the 2006 and 2007 herring PSC limit is 1,770 mt.
Pursuant to Sec. 679.21(e)(1)(i), 7.5 percent of each PSC limit
specified for halibut and crab is allocated as a PSQ reserve for use by
the groundfish CDQ program. Section Sec. 679.21(e)(3) requires the
apportionment of each trawl PSC limit into PSC bycatch allowances for
seven specified fishery categories. Section 679.21(e)(4)(ii) authorizes
the apportionment of the non-trawl halibut PSC limit into PSC bycatch
allowances among five fishery categories. Table 7 lists the fishery
bycatch allowances for the trawl and non-trawl fisheries.
Section 679.21(e)(4)(ii) authorizes the exemption of specified non-
trawl fisheries from the halibut PSC limit. As in past years, NMFS,
after consultation with the Council, is exempting pot gear, jig gear,
and the sablefish IFQ hook-and-line gear fishery categories from
halibut bycatch restrictions because: (1) The pot gear fisheries
experience low halibut bycatch mortality, (2) halibut mortality for the
jig gear fleet cannot be estimated because these vessels do not carry
observers, and (3) the sablefish and halibut Individual Fishing Quota
(IFQ) program (subpart D of 50 CFR part 679) requires legal-sized
halibut to be retained by vessels using hook-and-line gear if a halibut
IFQ permit holder or a hired master is aboard and is holding unused
halibut IFQ. In 2005, total BSAI groundfish catch for the pot gear
fishery was approximately 18,342 mt, with an associated halibut bycatch
mortality of about 42 mt. The 2005 jig gear fishery harvested about 124
mt of groundfish. Most vessels in the jig gear fleet are less than 60
ft (18.3 m) LOA and thus are exempt from observer coverage
requirements. As a result, observer data are not available on halibut
bycatch in the jig gear fishery. However, a negligible amount of
halibut bycatch mortality is assumed because of the selective nature of
this gear type and the likelihood that halibut caught with jig gear
have a high survival rate when released.
Section 679.21(e)(5) authorizes NMFS, after consultation with the
Council, to establish seasonal apportionments of PSC amounts in order
to maximize the ability of the fleet to harvest the available
groundfish TAC and to minimize bycatch. The factors to be considered
are: (1) Seasonal distribution of prohibited species, (2) seasonal
distribution of target groundfish species, (3) PSC bycatch needs on a
seasonal basis relevant to
[[Page 10902]]
prohibited species biomass, (4) expected variations in bycatch rates
throughout the year, (5) expected start of fishing effort, and (6)
economic effects of seasonal PSC apportionments on industry sectors.
The Council recommended and NMFS approves the seasonal PSC
apportionments in Table 7 to maximize harvest among gear types,
fisheries, and seasons while minimizing bycatch of PSC based on the
above criteria.
Table 7.--2006 and 2007 Prohibited Species Bycatch Allowances for the BSAI Trawl and Non-Trawl Fisheries
----------------------------------------------------------------------------------------------------------------
Prohibited species and zone
-----------------------------------------------------------------------------
Red King C. bairdi (animals)
Trawl fisheries Halibut Herring Crab C. opilio -------------------------
mortality (mt) BSAI (animals) (animals)
(mt) BSAI zone 1 \1\ COBLZ \1\ Zone 1 \1\ Zone 2 \1\
----------------------------------------------------------------------------------------------------------------
Yellowfin sole.................... 886 152 33,843 4,103,752 340,844 1,788,459
January 20-April 1............ 262 n/a n/a n/a n/a n/a
April 1-May 21................ 195 n/a n/a n/a n/a n/a
May 21-July 1................. 49 n/a n/a n/a n/a n/a
July 1-December 31............ 380 n/a n/a n/a n/a n/a
Rock sole/other flat/flathead sole 779 27 121,413 810,091 365,320 596,154
\2\..............................
January 20-April 1............ 448 n/a n/a n/a n/a n/a
April 1-July 1................ 164 n/a n/a n/a n/a n/a
July 1-December 31............ 167 n/a n/a n/a n/a n/a
Turbot/arrowtooth/sablefish \3\... n/a 12 n/a 62,356 n/a n/a
Rockfish.......................... n/a n/a n/a n/a n/a n/a
July 1-December 31............ 69 10 n/a 62,356 n/a 10,988
Pacific cod....................... 1,434 27 26,563 184,402 183,112 324,176
Midwater trawl pollock............ n/a 1,350 n/a n/a n/a n/a
Pollock/Atka mackerel/other \4\... 232 192 406 106,591 17,224 27,473
Red King Crab Savings Subarea \6\. n/a n/a n/a n/a n/a n/a
(non-pelagic trawl)......... n/a n/a 42,495 n/a n/a n/a
-----------------------------------------------------------------------------
Total trawl PSC............... 3,400 1,770 182,225 5,329,548 906,500 2,747,250
----------------------------------------------------------------------------------------------------------------
Non-trawl fisheries
-----------------------------------
Pacific cod--Total................ 775 ........... ........... ........... ........... ...........
January 1-June 10............. 320 ........... ........... ........... ........... ...........
June 10-August 15............. 0 ........... ........... ........... ........... ...........
August 15-December 31......... 455 ........... ........... ........... ........... ...........
Other non-trawl--Total............ 58 ........... ........... ........... ........... ...........
May 1-December 31............. 58 ........... ........... ........... ........... ...........
Groundfish pot and jig............ exempt ........... ........... ........... ........... ...........
Sablefish hook-and-line........... exempt ........... ........... ........... ........... ...........
-----------------------------------------------------------------------------
Total non-trawl PSC........... 833 ........... ........... ........... ........... ...........
-----------------------------------------------------------------------------
PSQ reserve \5\............... 342 n/a 14,775 432,126 73,500 222,750
-----------------------------------------------------------------------------
PSC grand total........... 4,575 2,012 197,000 5,761,674 980,000 2,970,000
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas.
\2\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
species), Greenland turbot, rock sole, yellowfin sole and arrowtooth flounder.
\3\ Greenland turbot, arrowtooth flounder, and sablefish fishery category.
\4\ Pollock other than pelagic trawl pollock, Atka mackerel, and ``other species'' fishery category.
\5\ With the exception of herring, 7.5 percent of each PSC limit is allocated to the CDQ program as PSQ reserve.
The PSQ reserve is not allocated by fishery, gear or season.
\6\ In December 2005, the Council recommended that red king crab bycatch for trawl fisheries within the RKCSS be
limited to 35 percent of the total allocation to the rock sole/flathead sole/``other flatfish'' fishery
category (see Sec. 679.21(e)(3)(ii)(B)).
Halibut Discard Mortality Rates
To monitor halibut bycatch mortality allowances and apportionments,
the Regional Administrator will use observed halibut bycatch rates,
assumed discard mortality rates (DMR), and estimates of groundfish
catch to project when a fishery's halibut bycatch mortality allowance
or seasonal apportionment is reached. The DMRs are based on the best
information available, including information contained in the annual
SAFE report (see ADDRESSES).
The Council recommended and NMFS concurs that the recommended
halibut DMRs developed by the staff of the International Pacific
Halibut Commission (IPHC) for the 2006 and 2007 BSAI groundfish
fisheries be used to monitor halibut bycatch allowances established for
the 2006 and 2007 groundfish fisheries (see Table 8). The IPHC
developed these DMRs using the 10-year mean DMRs for the BSAI non-CDQ
groundfish fisheries. Plots of annual DMRs against the 10-year mean
indicated little change since 1990 for most fisheries. DMRs were more
variable for the smaller fisheries that typically take minor amounts of
halibut bycatch. The IPHC will analyze observer data annually and
recommend changes to the DMR where a fishery DMR shows large variation
from the mean. The IPHC has been calculating the DMRs for the CDQ
fisheries since 1998, and a 10-year mean is not available. The Council
[[Page 10903]]
recommended and NMFS concurs with the DMRs recommended by the IPHC for
2006 and 2007 CDQ fisheries. The justification for the DMRs is
discussed in Appendix A of the SAFE report dated November 2004.
Table 8.--2006 and 2007 Assumed Pacific Halibut Discard Mortality Rates
for the BSAI Fisheries
------------------------------------------------------------------------
Preseason
assumed
Fishery mortality
(percent)
------------------------------------------------------------------------
Hook-and-line gear fisheries:
Greenland turbot....................................... 15
Other species.......................................... 11
Pacific cod............................................ 11
Rockfish............................................... 16
Trawl gear fisheries:
Atka mackerel.......................................... 78
Flathead sole.......................................... 67
Greenland turbot....................................... 72
Non-pelagic pollock.................................... 76
Pelagic pollock........................................ 85
Other flatfish......................................... 71
Other species.......................................... 67
Pacific cod............................................ 68
Rockfish............................................... 74
Rock sole.............................................. 77
Sablefish.............................................. 49
Yellowfin sole......................................... 78
Pot gear fisheries:
Other species.......................................... 8
Pacific cod............................................ 8
CDQ trawl fisheries:
Atka mackerel.......................................... 86
Flathead sole.......................................... 67
Non-pelagic pollock.................................... 85
Pelagic pollock........................................ 89
Rockfish............................................... 74
Yellowfin sole......................................... 85
CDQ hook-and-line fisheries:
Greenland turbot....................................... 15
Pacific cod............................................ 10
CDQ pot fisheries:
Pacific cod............................................ 8
Sablefish.............................................. 30
------------------------------------------------------------------------
Directed Fishing Closures
In accordance with Sec. 679.20(d)(1)(i), the Regional
Administrator may establish a directed fishing allowance for a species
or species group, if the Regional Administrator determines that any
allocation or apportionment of a target species or ``other species''
category has been or will be reached. If the Regional Administrator
establishes a directed fishing allowance, and that allowance is or will
be reached before the end of the fishing year, NMFS will prohibit
directed fishing for that species or species group in the specified
subarea or district (see Sec. 697.20(d)(1)(iii)). Similarly, pursuant
to Sec. 679.21(e), if the Regional Administrator determines that a
fishery category's bycatch allowance of halibut, red king crab, C.
bairdi crab or C. opilio crab for a specified area has been reached,
the Regional Administrator will prohibit directed fishing for each
species in that category in the specified area.
The Regional Administrator has determined that the remaining
allocation amounts in Table 9 will be necessary as incidental catch to
support other anticipated groundfish fisheries for the 2006 and 2007
fishing year.
Table 9.--2006 and 2007 Directed Fishing Closures \1\
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2006 2007
incidental incidental
Area Species catch catch
allowance allowance
----------------------------------------------------------------------------------------------------------------
Bogoslof District............................. Pollock............................... 10 10
Aleutian Islands subarea...................... ICA Pollock........................... 1,800 1,800
``Other rockfish''.................... 502 502
Bering Sea subarea............................ Pacific ocean perch................... 1,190 2,516
``Other rockfish''.................... 426 750
Bering Sea and Aleutian Islands............... Northern rockfish..................... 4,163 4,625
Shortraker rockfish................... 537 537
Rougheye rockfish..................... 207 207
[[Page 10904]]
``Other species''..................... 24,650 22,950
CDQ Northern rockfish................. 338 375
CDQ Shortraker rockfish............... 44 44
CDQ Rougheye rockfish................. 17 17
CDQ ``Other species''................. 2,175 2,025
----------------------------------------------------------------------------------------------------------------
\1\ Maximum retainable amounts may be found in Table 11 to 50 CFR part 679.
Consequently, in accordance with Sec. 679.20(d)(1)(i), the
Regional Administrator establishes the directed fishing allowances for
the above species or species groups as zero. Therefore, in accordance
with Sec. 679.20(d)(1)(iii), NMFS is prohibiting directed fishing for
these species in the specified areas effective at 1200 hrs, A.l.t.,
March 3, 2006 through 2400 hrs, A.l.t., December 31, 2007.
In addition, the BSAI Zone 1 annual red king crab allowance
specified for the trawl rockfish fishery (see Sec.
679.21(e)(3)(iv)(D)) is 0 mt and the BSAI first seasonal halibut
bycatch allowance specified for the trawl rockfish fishery is 0 mt.
Also, the BSAI annual halibut bycatch allowance specified for the trawl
Greenland turbot/arrowtooth flounder/sablefish fishery categories is 0
mt (see Sec. 679.21(e)(3)(iv)(C)). Therefore, in accordance with Sec.
679.21(e)(7)(ii) and (v), NMFS is prohibiting directed fishing for
rockfish by vessels using trawl gear in Zone 1 of the BSAI and directed
fishing for Greenland turbot/arrowtooth flounder/sablefish by vessels
using trawl gear in the BSAI effective at 1200 hrs, A.l.t., March 3,
2006 through 2400 hrs, A.l.t., December 31, 2007. NMFS also is
prohibiting directed fishing for rockfish outside Zone 1 in the BSAI
through 1200 hrs, A.l.t., July 1, 2006 for 2006 and July 1, 2007 for
2007.
Under authority of the 2005 and 2006 final harvest specifications
(70 FR 8979, February 24, 2005), NMFS prohibited directed fishing for
Atka mackerel in the Eastern Aleutian District and the Bering Sea
subarea of the BSAI effective 1200 hrs, A.l.t., January 20, 2006,
through 1200 hrs, A.l.t., September 1, 2006 (71 FR 4528, January 27,
2006). NMFS opened the first directed fisheries in the HLA in area 542
and area 543 effective 1200 hrs, A.l.t., January 22, 2006. The first
HLA fishery in area 542 and area 543 remained open through 1200 hrs,
A.l.t., February 5, 2006. The second directed fisheries in the HLA in
area 542 and area 543 opened effective 1200 hrs, A.l.t., February 7,
2006. The second HLA fishery in area 542 and 543 remained open through
1200 hrs, A.l.t., February 21, 2006. NMFS prohibited directed fishing
for Pacific cod by catcher vessels 60 feet (18.3 meters) length overall
and longer using pot gear in the BSAI, effective 12 noon, A.l.t.,
February 3, 2006 (71 FR 6230, February 7, 2006). NMFS prohibited
directed fishing for non-CDQ pollock with trawl gear in the Chinook
Salmon Savings Areas of the BSAI effective 1200 hrs, A.l.t., February
15, 2006, through 1200 hrs, A.l.t., April 15, 2006, and from 1200 hrs,
A.l.t, September 1, 2006, through 2400 hrs, A.l.t., December 31, 2006
(71 FR 8808, February 21, 2006). NMFS prohibited directed fishing for
Atka Mackerel in the central Aleutian District of the BSAI, effective
1200 hrs, A.l.t., February 18, 2006, through 1200 hrs, A.l.t.,
September 1, 2006 (71 FR 9479, February 24, 2006). NMFS prohibited
directed fishing for Pacific cod by catcher/processor vessels using
hook-and-line gear in the BSAI, effective 1200 hrs, A.l.t.,February 18,
2006, through 1200 hrs, A.l.t., June 10, 2006 (71 FR 9478, February 24,
2006). NMFS prohibited directed fishing for Pacific cod by catcher/
processor vessels using hook-and-line gear in the BSAI, effective 1200
hrs, A.l.t., February 18, 2006, through 1200 hrs, A.l.t., June 10, 2006
(71 FR 9478, February 24, 2006). NMFS closes directed fishing for rock
sole, flathead sole, and ``other flatfish'' by vessels using trawl gear
in the BSAI effective 1200 hrs, A.l.t., February 21, 2006, through 1200
hrs, A.l.t., April 1, 2006 (71 FR 9478, February 24, 2006). NMFS
prohibited fishing for Pacific cod by catcher vessels less than 60 feet
(18.3 meters (m)) length overall using jig or hook-and-line gear in the
Bogoslof Pacific cod exemption area of the BSAI, effective 1200 hrs,
A.l.t., February 22, 2006, through 2400 hrs, A.l.t., December 31, 2006
(71 FR 9739, February 27, 2006). NMFS prohibited directed fishing for
Pacific cod by catcher vessels 60 feet (18.3 meters (m)) length overall
and longer using hook-and-line gear in the BSAI effective 1200 hrs,
A.l.t., February 24, 2006, through 1200 hrs, A.l.t., June 10, 2006, to
be published March 1, 2006, in the Federal Register.
These closures remain effective under authority of these 2006 and
2007 final harvest specifications. These closures supersede the
closures announced under authority of the 2005 and 2006 final harvest
specifications (69 FR 8979, February 24, 2005). While these closures
are in effect, the maximum retainable amounts at Sec. 679.20(e) and
(f) apply at any time during a fishing trip. These closures to directed
fishing are in addition to closures and prohibitions found in
regulations at 50 CFR part 679.
Bering Sea Subarea Inshore Pollock Allocations
Section 679.4(l) sets forth the procedures for AFA inshore catcher
vessel pollock cooperatives to apply for and receive cooperative
fishing permits and inshore pollock allocations. Table 10 lists the
2006 and 2007 Bering Sea subarea pollock allocations to the seven
inshore catcher vessel pollock cooperatives based on 2006 cooperative
allocations that have been approved and permitted by NMFS for the 2006
fishing year. The Bering Sea subarea allocations may be revised pending
adjustments to cooperatives' membership in 2007. Allocations for
cooperatives and open access vessels are not made for the AI subarea
because the Consolidated Appropriations Act of 2004 requires the non-
CDQ directed pollock fishery to be fully allocated to the Aleut
Corporation.
[[Page 10905]]
Table 10.--2006 and 2007 Bering Sea Subarea Inshore Cooperative Allocations
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
Sum of
member
vessel's Percentage 2006 annual 2007 annual
Cooperative name and member vessels official of inshore cooperative cooperative
catch sector allocation allocation
histories\1\ allocation (mt) (mt)
(mt)
----------------------------------------------------------------------------------------------------------------
Akutan Catcher Vessel Association....................... ............ 31.145 201,154 203,186
Arctic Enterprise Association........................... ............ 1.146 7,402 7,476
Northern Victor Fleet Cooperative....................... ............ 8.412 54,330 54,879
Peter Pan Fleet Cooperative............................. ............ 2.876 18,575 18,763
Unalaska Cooperative.................................... ............ 12.191 78,737 79,533
UniSea Fleet Cooperative................................ ............ 25.324 163,559 165,211
Westward Fleet Cooperative.............................. ............ 18.906 122,107 123,340
Open access AFA vessels................................. ............ 0 0 0
-------------------------------------------------------
Total inshore allocation............................ 875,572 100 645,864 652,388
----------------------------------------------------------------------------------------------------------------
\1\ According to regulations at Sec. 679.62(e)(1), the individual catch history for each vessel is equal to
the vessel's best 2 of 3 years inshore pollock landings from 1995 through 1997 and includes landings to
catcher/processors for vessels that made 500 or more mt of landings to catcher/processors from 1995 through
1997.
Section 679.20(a)(5)(i)(A)(3) further divides the inshore sector
allocation into separate allocations for cooperative and open access
fishing. In addition, according to Sec. 679.22(a)(7)(vii), NMFS must
establish harvest limits inside the SCA and provide a set-aside so that
catcher vessels less than or equal to 99 ft (30.2 m) LOA have the
opportunity to operate entirely within the SCA until April 1.
Accordingly, Table 11 lists the Bering Sea subarea pollock allocation
to the inshore cooperative and open access sectors and establishes a
cooperative-sector SCA set-aside for AFA catcher vessels less than or
equal to 99 ft (30.2 m) LOA. The SCA set-aside for catcher vessels less
than or equal to 99 ft (30.2 m) LOA that are not participating in a
cooperative will be established inseason based on actual participation
levels and is not included in Table 11.
Table 11.--2006 and 2007 Bering Sea Subarea Pollock Allocations to the Cooperative and Open Access Sectors of
the Inshore Pollock Fishery
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2006 A 2007 A
2006 A season SCA 2006 B 2007 A season SCA 2007 B
Sector season TAC harvest season TAC season TAC harvest season TAC
limit \1\ limit \1\
----------------------------------------------------------------------------------------------------------------
Inshore cooperative sector:
Vessels > 99 ft............... n/a 155,408 n/a n/a 156,923 n/a
Vessels < 99 ft............... n/a 25,488 n/a n/a 25,746 n/a
Total..................... 258,345 180,842 387,518 260,955 182,669 391,433
-----------------------------------------------------------------------------
Open access sector................ 0 0 \2\ 0 0 0 \2\ 0
Total inshore sector.......... 258,345 180,842 387,518 260,955 182,669 391,433
----------------------------------------------------------------------------------------------------------------
\1\ The Steller sea lion conservation area (SCA) is established at Sec. 679.22(a)(7)(vii).
\2\ The SCA limitations for vessels less than or equal to 99 ft LOA that are not participating in a cooperative
will be established on an inseason basis in accordance with Sec. 679.22(a)(7)(vii)(C)(2) that specifies that
``the Regional Administrator will prohibit directed fishing for pollock by vessels greater than 99 ft (30.2 m)
LOA, catching pollock for processing by the inshore component before reaching the inshore SCA harvest limit
before April 1 to accommodate fishing by vessels less than or equal to 99 ft (30.2 m) inside the SCA until
April 1.''
Listed AFA Catcher/Processor Sideboard Limits
According to Sec. 679.64(a), the Regional Administrator will
restrict 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. The basis for these sideboard limits is described in
detail in the final rule implementing major provisions of the AFA (67
FR 79692, December 30, 2002). Table 12 lists the 2006 and 2007 catcher/
processor sideboard limits.
All groundfish other than pollock that are harvested by listed AFA
catcher/processors, whether as targeted catch or incidental catch, will
be deducted from the sideboard limits in Table 12. However, groundfish
other than pollock that are delivered to listed catcher/processors by
catcher vessels will not be deducted from the 2006 and 2007 sideboard
limits for the listed catcher/processors.
[[Page 10906]]
Table 12.--2006 and 2007 Listed BSAI American Fisheries Act Catcher/Processor Groundfish Sideboard Limits
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
1995-1997
--------------------------------------- 2006 ITAC 2007 ITAC
Ratio of available 2006 C/P available 2007 C/P
Target species Area Retained Total retained to trawl C/ sideboard to trawl C/ sideboard
catch catch catch to Ps limit Ps limit
total catch
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific cod trawl.................... BSAI.................. 12,424 48,177 0.258 42,171 10,880 32,171 8,300
Sablefish trawl...................... BS.................... 8 497 0.016 1,199 19 1,148 18
AI.................... 0 145 0.000 638 0 582 0
Atka mackerel........................ Central AI............ n/a n/a n/a n/a n/a n/a n/a
A season \1\.......... n/a n/a 0.115 18,500 2,128 17,575 2,021
HLA limit \2\......... n/a n/a n/a 11,100 1,277 10,545 1,213
B season \1\.......... n/a n/a 0.115 18,500 2,128 17,575 2,021
HLA limit \2\......... n/a n/a n/a 11,100 1,277 10,545 1,213
Western AI............ n/a n/a n/a n/a n/a n/a n/a
A season \1\.......... n/a n/a 0.200 7,169 1,434 8,094 1,619
HLA limit \2\......... n/a n/a n/a 4,301 860 4,856 971
B season \1\.......... n/a n/a 0.200 7,169 1,434 8,094 1,619
HLA limit \2\......... n/a n/a n/a 4,301 860 4,856 971
Yellowfin sole....................... BSAI.................. 100,192 435,788 0.230 81,346 18,710 91,495 21,044
Rock sole............................ BSAI.................. 6,317 169,362 0.037 35,275 1,305 37,400 1,384
Greenland turbot..................... BS.................... 121 17,305 0.007 1,607 11 1,543 11
AI.................... 23 4,987 0.005 723 4 693 3
Arrowtooth flounder.................. BSAI.................. 76 33,987 0.002 11,050 22 15,300 31
Flathead sole........................ BSAI.................. 1,925 52,755 0.036 16,575 597 18,700 673
Alaska plaice........................ BSAI.................. 14 9,438 0.001 6,800 7 12,750 13
Other flatfish....................... BSAI.................. 3,058 52,298 0.058 2,975 173 4,250 247
Pacific ocean perch.................. BS.................... 12 4,879 0.002 1,190 2 2,516 5
Eastern AI............ 125 6,179 0.020 2,849 57 3,012 60
Central AI............ 3 5,698 0.001 2,808 3 2,971 3
Western AI............ 54 13,598 0.004 4,703 19 4,969 20
Northern rockfish.................... BSAI.................. 91 13,040 0.007 4,163 29 4,625 32
Shortraker rockfish.................. BSAI.................. 50 2,811 0.018 537 10 537 10
Rougheye rockfish.................... BSAI.................. 50 2,811 0.018 207 4 207 4
Other rockfish....................... BS.................... 18 621 0.029 426 12 750 22
AI.................... 22 806 0.027 502 14 502 14
Squid................................ BSAI.................. 73 3,328 0.022 1,084 24 1,084 24
Other species........................ BSAI.................. 553 68,672 0.008 24,650 197 22,950 184
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ 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.
\2\ Harvest Limit Area (HLA) limit refers to the amount of each seasonal allowance that is available for fishing inside the HLA (see Sec. 679.2). In
2006 and 2007, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts.
Section 679.64(a)(5) establishes a formula for PSC sideboard limits
for listed AFA catcher/processors. The basis for these sideboard limits
is described in detail in the final rule implementing major provisions
of the AFA (67 FR 79692, December 30, 2002).
PSC species listed in Table 13 that are caught by listed AFA
catcher/processors participating in any groundfish fishery other than
pollock will accrue against the 2006 and 2007 PSC sideboard limits for
the listed AFA catcher/processors. Section 679.21(e)(3)(v) authorizes
NMFS to close directed fishing for groundfish other than pollock for
listed AFA catcher/processors once a 2006 or 2007 PSC sideboard limit
listed in Table 13 is reached.
Crab or halibut PSC that is caught by listed AFA catcher/processors
while fishing for pollock will accrue against the bycatch allowances
annually specified for either the midwater pollock or the pollock/Atka
mackerel/``other species'' fishery categories under regulations at
Sec. 679.21(e)(3)(iv).
Table 13.--2006 and 2007 BSAI American Fisheries Act Listed Catcher/Processor Prohibited Species Sideboard
Limits \1\
----------------------------------------------------------------------------------------------------------------
1995-1997
--------------------------------------- 2006 and 2006 and
Ratio of 2007 PSC 2007 C/P
PSC species PSC catch available sideboard
PSC catch Total PSC to total to trawl limit
PSC vessels
----------------------------------------------------------------------------------------------------------------
Halibut mortality.............................. 955 11,325 0.084 3,400 286
Red king crab.................................. 3,098 473,750 0.007 182,225 1,276
C. opilio \2\.................................. 2,323,731 15,139,178 0.153 5,329,548 815,421
C. bairdi...................................... n/a n/a n/a n/a n/a
Zone 1 \2\................................. 385,978 2,750,000 0.140 906,500 126,910
Zone 2 \2\................................. 406,860 8,100,000 0.050 2,747,250 137,363
----------------------------------------------------------------------------------------------------------------
\1\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
\2\ Refer to Sec. 679.2 for definitions of areas.
[[Page 10907]]
AFA Catcher Vessel Sideboard Limits
Pursuant to Sec. 679.64(a), the Regional Administrator restricts
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 a formula 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 rule implementing
major provisions of the AFA (67 FR 79692, December 30, 2002). Tables 14
and 15 list the 2006 and 2007 AFA catcher vessel sideboard limits.
All harvests of groundfish sideboard species made by non-exempt AFA
catcher vessels, whether as targeted catch or incidental catch, will be
deducted from the sideboard limits listed in Table 14.
Table 14.--2006 and 2007 BSAI American Fisheries Act Catcher Vessel Sideboard Limits
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
Ratio of
1995-1997 2006 2007
Fishery by area/ AFA CV 2006 catcher 2007 catcher
Species season/ catch to initial TAC vessel initial TAC vessel
processor/gear 1995-1997 sideboard sideboard
TAC limits limits
----------------------------------------------------------------------------------------------------------------
Pacific cod.................. BSAI............ n/a n/a n/a n/a n/a
Jig gear........ 0.0000 3,589 0 2,738 0
Hook-and-line CV n/a n/a n/a n/a n/a
Jan 1-Jun 10.... 0.0006 164 0 125 0
Jun 10-Dec 31... 0.0006 109 0 83 0
Pot gear CV..... n/a n/a n/a n/a n/a
Jan 1-Jun 10.... 0.0006 8,192 5 6,239 4
Sept 1-Dec 31... 0.0006 5,461 3 4,159 2
CV < 60 feet LOA 0.0006 1,274 1 970 1
using hook-and-
line or pot
gear.
Trawl gear CV... n/a n/a n/a n/a n/a
Jan 20-Apr 1.... 0.8609 29,520 25,414 22,520 19,387
Apr 1-Jun 10.... 0.8609 4,217 3,630 3,217 2,770
Jun 10-Nov 1.... 0.8609 8,434 7,261 6,434 5,539
Sablefish.................... BS trawl gear... 0.0906 1,199 109 1,148 104
AI trawl gear... 0.0645 638 41 582 38
Atka mackerel................ Eastern AI/BS... n/a n/a n/a n/a n/a
Jig gear........ 0.0031 69 0 69 0
Other gear...... n/a n/a n/a n/a n/a
Jan 1-Apr 15.... 0.0032 3,434 11 3,434 11
Sept 1-Nov 1.... 0.0032 3,434 11 3,434 11
Central AI...... n/a n/a n/a n/a n/a
Jan-Apr 15...... 0.0001 18,500 2 17,575 2
HLA limit....... 0.0001 11,100 1 10,545 1
Sept 1-Nov 1.... 0.0001 18,500 2 17,575 2
HLA limit....... 0.0001 11,100 1 10,545 1
Western AI...... n/a n/a n/a n/a n/a
Jan-Apr 15...... 0.0000 7,169 0 8,094 0
HLA limit....... n/a 4,301 0 4,856 0
Sept 1-Nov 1.... 0.0000 7,169 0 8,094 0
HLA limit....... n/a 4,301 0 4,856 0
Yellowfin sole............... BSAI............ 0.0647 81,346 5,263 91,495 5,920
Rock sole.................... BSAI............ 0.0341 35,275 1,203 37,400 1,275
Greenland Turbot............. BS.............. 0.0645 1,607 104 1,543 100
AI.............. 0.0205 723 15 693 14
Arrowtooth flounder.......... BSAI............ 0.0690 11,050 762 15,300 1,056
Alaska plaice................ BSAI............ 0.0441 6,800 300 12,750 562
Other flatfish............... BSAI............ 0.0441 2,975 131 4,250 187
Pacific ocean perch.......... BS.............. 0.1000 1,190 119 2,516 252
Eastern AI...... 0.0077 2,849 22 3,012 23
Central AI...... 0.0025 2,808 7 2,971 7
Western AI...... 0.0000 4,703 0 4,969 0
Northern rockfish............ BSAI............ 0.0084 4,163 35 4,625 39
Shortraker rockfish.......... BSAI............ 0.0037 537 2 537 2
Rougheye rockfish............ BSAI............ 0.0037 207 1 207 1
Other rockfish............... BS.............. 0.0048 426 2 750 4
AI.............. 0.0095 502 5 502 5
Squid........................ BSAI............ 0.3827 1,084 415 1,084 415
Other species................ BSAI............ 0.0541 24,650 1,334 22,950 1,242
Flathead Sole................ BS trawl gear... 0.0505 16,575 837 18,700 944
----------------------------------------------------------------------------------------------------------------
Halibut and crab PSC that are caught by AFA catcher vessels
participating in any groundfish fishery for groundfish other than
pollock listed in Table 15 will accrue against the 2006 and 2007 PSC
sideboard limits for the AFA
[[Page 10908]]
catcher vessels. Sections 679.21(d)(8) and (e)(3)(v) provide authority
to close directed fishing for groundfish other than pollock for AFA
catcher vessels once a 2006 or 2007 PSC sideboard limit listed in Table
15 for the BSAI is reached. The PSC that is caught by AFA catcher
vessels while fishing for pollock in the BSAI will accrue against the
bycatch allowances annually specified for either the midwater pollock
or the pollock/Atka mackerel/``other species'' fishery categories under
regulations at Sec. 679.21(e)(3)(iv).
Table 15.--2006 and 2007 American Fisheries Act Catcher Vessel Prohibited Species Catch Sideboard Limits for the
BSAI \1\
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
Ratio of
1995-1997 2006 and
AFA CV 2007 AFA
retained 2006 and catcher
PSC species Target fishery category \2\ catch to 2007 PSC vessel PSC
total limit sideboard
retained limit
catch
----------------------------------------------------------------------------------------------------------------
Halibut................................. Pacific cod trawl.............. 0.6183 1,434 887
Pacific cod hook-and-line or 0.0022 775 2
pot.
Yellowfin sole................. n/a n/a n/a
January 20-April 1............. 0.1144 262 30
April 1-May 21................. 0.1144 195 22
May 21-July 1.................. 0.1144 49 6
July 1-December 31............. 0.1144 380 43
Rock sole/flathead sole/other n/a n/a n/a
flatfish \5\.
January 20-April 1............. 0.2841 448 127
April 1-July 1................. 0.2841 164 47
July 1-December 31............. 0.2841 167 47
Turbot/Arrowtooth/Sablefish.... 0.2327 0 0
Rockfish (July 1-December 31).. 0.0245 69 2
Pollock/Atka mackerel/other 0.0227 232 5
species.
Red King Crab........................... Pacific cod.................... 0.6183 26,563 16,424
Zone 1 3,4.............................. Yellowfin sole................. 0.1144 33,843 3,872
Rock sole/flathead sole/other 0.2841 121,413 34,493
flatfish \5\.
Pollock/Atka mackerel/other 0.0227 406 9
species.
C. opilio............................... Pacific cod.................... 0.6183 184,402 114,016
COBLZ \3\............................... Yellowfin sole................. 0.1144 4,103,752 469,469
Rock sole/flathead sole/other 0.2841 810,091 230,147
flatfish \5\.
Pollock/Atka mackerel/other 0.0227 106,591 2,420
species.
Rockfish....................... 0.0245 62,356 1,528
Turbot/Arrowtooth/Sablefish.... 0.2327 62,356 14,510
C. bairdi............................... Pacific cod.................... 0.6183 183,112 113,218
Zone 1 \3\.............................. Yellowfin sole................. 0.1144 340,844 38,993
Rock sole/flathead sole/other 0.2841 365,320 103,787
flatfish \5\.
Pollock/Atka mackerel/other 0.0227 17,224 391
species.
C. bairdi............................... Pacific cod.................... 0.6183 324,176 200,438
Zone 2 \3\.............................. Yellowfin sole................. 0.1144 1,788,459 204,600
Rock sole/flathead sole/other 0.2841 596,154 169,367
flatfish \5\.
Pollock/Atka mackerel/other 0.0227 27,473 624
species.
Rockfish....................... 0.0245 10,988 269
----------------------------------------------------------------------------------------------------------------
\1\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
\2\ Target fishery categories are defined in regulation at Sec. 679.21(e)(3)(iv).
\3\ Refer to Sec. 679.2 for definitions of areas.
\4\ In December 2005, the Council recommended that red king crab bycatch for trawl fisheries within the RKCSS be
limited to 35 percent of the total allocation to the rock sole/flathead sole/``other flatfish'' fishery
category (see Sec. 679.21(e)(3)(ii)(B)).
\5\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
species), Greenland turbot, rock sole, yellowfin sole, arrowtooth flounder.
Sideboard Directed Fishing Closures
AFA Catcher/Processor and Catcher Vessel Sideboard Closures
The Regional Administrator has determined that many of the AFA
catcher/processor and catcher vessel sideboard limits listed in Tables
16 and 17 are necessary as incidental catch to support other
anticipated groundfish fisheries for the 2006 fishing year. In
accordance with Sec. 679.20(d)(1)(iv), the Regional Administrator
establishes the sideboard limits listed in Tables 16 and 17 as directed
fishing allowances. The Regional Administrator finds that many of these
directed fishing allowances will be reached before the end of the year.
Therefore, in accordance with Sec. 679.20(d)(1)(iii), NMFS is
prohibiting directed fishing by listed AFA catcher/processors for the
species in the specified areas set out in Table 16 and directed fishing
by non-exempt AFA catcher vessels for the species in the specified
areas set out in Table 17.
[[Page 10909]]
Table 16.--2006 and 2007 American Fisheries Act Listed Catcher/Processor Sideboard Directed Fishing Closures\1\
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2006 2007
Species Area Gear types sideboard sideboard
limit limit
----------------------------------------------------------------------------------------------------------------
Sablefish trawl..................... BS..................... Trawl.................. 19 18
AI..................... Trawl.................. 0 0
Rock sole........................... BSAI................... all.................... 1,305 1,384
Greenland turbot.................... BS..................... all.................... 11 11
AI..................... all.................... 4 3
Arrowtooth flounder................. BSAI................... all.................... 22 31
Pacific ocean perch................. BS..................... all.................... 2 5
Eastern AI............. all.................... 57 60
Central AI............. all.................... 3 3
Western AI............. all.................... 19 20
Northern rockfish................... BSAI................... all.................... 29 32
Shortraker rockfish................. BSAI................... all.................... 10 10
Rougheye rockfish................... BSAI................... all.................... 4 4
Other rockfish...................... BS..................... all.................... 12 22
AI..................... all.................... 14 14
Squid............................... BSAI................... all.................... 24 24
``Other species''................... BSAI................... all.................... 197 184
----------------------------------------------------------------------------------------------------------------
\1\Maximum retainable amounts may be found in Table 11 to 50 CFR part 679.
Table 17.--2006 and 2007 American Fisheries Act Catcher Vessel Sideboard Directed Fishing Closures\1\
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2006 2007
Species Area Gear types sideboard sideboard
limit limit
----------------------------------------------------------------------------------------------------------------
Pacific cod......................... BSAI................... hook-and-line.......... 0 0
BSAI................... pot.................... 9 9
BSAI................... jig.................... 0 0
Sablefish........................... BS..................... trawl.................. 109 104
AI..................... trawl.................. 41 38
Atka mackerel....................... Eastern AI/BS.......... jig.................... 0 0
Eastern AI/BS.......... other.................. 11 11
Central AI............. all.................... 2 2
Western AI............. all.................... 0 0
Greenland Turbot.................... BS..................... all.................... 104 100
AI..................... all.................... 15 14
Arrowtooth flounder................. BSAI................... all.................... 762 1,056
Pacific ocean perch................. BS..................... all.................... 119 252
Eastern AI............. all.................... 22 23
Central AI............. all.................... 7 7
Western AI............. all.................... 0 0
Northern rockfish................... BSAI................... all.................... 35 39
Shortraker rockfish................. BSAI................... all.................... 2 2
Rougheye rockfish................... BSAI................... all.................... 1 1
Other rockfish...................... BS..................... all.................... 2 4
AI..................... all.................... 5 5
Squid............................... BSAI................... all.................... 415 415
``Other species''................... BSAI................... all.................... 1,334 1,242
----------------------------------------------------------------------------------------------------------------
\1\ Maximum retainable amounts may be found in Table 11 to 50 CFR part 679.
Response to Comments
NMFS received one letter of comment in response to the proposed
2006 and 2007 harvest specifications. This letter contained 6 separate
comments that are summarized and responded to below.
Comment 1: The action is a major federal action that has
significant effects on the quality of the human environment and
requires an Environmental Impact Statement.
Response: NMFS prepared an EA for the 2006 and 2007 harvest
specifications. The analysis in the EA supports a finding of no
significant impact on the human environment as a result of the harvest
specifications. Therefore, an environmental impact statement is not
required under section 102(2)(c) of the National Environmental Policy
Act or its implementing regulations.
Comment 2: The ``Ecosystem Considerations'' report is not
explicitly integrated into the process of setting ABC and TAC. NMFS
should also integrate directly ecosystem needs into harvest
specifications through development and implementation of Ecologically
Sustainable Yield (ESY).
Response: ESY is defined as ``the yield an ecosystem can sustain
without shifting to an undesirable state'' (Zabel et al. 2003). This is
a qualitative concept
[[Page 10910]]
because judging an ``undesirable state'' may vary widely. ESY requires
simultaneously considering the impacts of all harvested species on an
ecosystem and quantifying important qualities such as community
stability or resilience. This poses challenges due to uncertainty and
indeterminacy inherent in ecological systems and the fact that
ecosystems respond to natural processes in ways that are not well
understood.
The NMFS and the Council, in essence, fulfill determinations of the
ESYs through the development and evaluation of the SAFE report (see
ADDRESSES) and during implementation of inseason multispecies fisheries
management practices. The SAFE report evaluates the status and trends
of the entire ecosystem. Also, the SAFE report responds to the stated
ecosystem-based management goals of the Council. These goals are: (1)
Maintain biodiversity consistent with natural evolutionary and
ecological processes, including dynamic change and variability; (2)
Maintain and restore habitats essential for fish and their prey; (3)
Maintain system sustainability and sustainable yields for human
consumption and nonextractive uses; and (4) Maintain the concept that
humans are components of the ecosystem.
All groundfish species are currently managed for their impacts from
a conservation and ecosystem perspective. As an example, the recent
development of the Gulf of Alaska (GOA) skate fishery led to prompt
management action to provide appropriate protection of this species
assemblage. Currently, there are ABC levels specified for the two main
species of skates over three different areas. This effectively has
prohibited the further development of a directed fishery for skates
until more information is available to ensure appropriate conservation
measures are taken.
Zabel, R.W., C.J. Harvey, S.L. Katz, T.P. Good, and P.S. Levin. 2003.
Ecologically sustainable yield. American Scientist 91: 150-157.
Comment 3: Catch levels for North Pacific rockfish are being set
without sufficient precaution. They are based on inadequate and highly
variable biomass estimates, without regard to stock structure and
without proper consideration of life history characteristics such as
rockfish longevity, late age at sexual maturity, and the increased
reproductive success of older, more fecund female fish.
Response: Multiple layers of precaution are built into catch levels
for North Pacific rockfish with age-structured models (Tier 3). For
example, GOA Pacific ocean perch are assigned an FABC at
F40%. Bayesian spawner-recruit analysis showed that maximum
sustainable yield (MSY) was attained at approximately F29%.
While the target fishing mortality is already well below MSY, the
Eastern GOA is closed to trawling, further reducing fishing mortality
by 10 percent. Another precautionary layer is to employ a catchability
coefficient near two. This means that the fishing mortality is applied
to a biomass estimate that is about half of the biomass estimate that
is derived from the trawl survey. The age-structured modeling approach
integrates a variety of information to compensate for variable survey
results.
Catch levels for North Pacific rockfish with survey-biomass based
models (Tier 5) are based on highly variable biomass estimates. This
variability is stabilized by using a 3-survey moving average. The catch
levels for these species are set by applying a fishing mortality of 75
percent of the natural mortality to the average exploitable biomass.
These fishing mortalities are precautionary in that they are
theoretically at least 25 percent below MSY fishing mortality and are
based on very low natural mortalities (e.g., 0.02-0.07).
At this time, stock structure information has not been synthesized
directly into the stock assessments because of the lack of definitive
structure and sufficient data to model spatially explicit populations.
However, life history characteristics are explicitly accounted for in
both the fishing mortality estimates in age-structured models (Tier 3)
and in survey-biomass based estimates (Tier 5). In age-structured
models, age at maturity is defined specific to each species and
longevity is incorporated in the natural mortality estimates and the
age data. For survey biomass based models, this information is not as
well known, but the low natural mortality estimates for rockfish
species is based on their maximum age. Recent research of black
rockfish off the West Coast shows evidence of older, mature fish being
more fecund, or producing higher quality larvae, than younger mature
fish. Research is in progress to attempt to answer this question for
Alaskan rockfish.
Comment 4: Signs of stress in North Pacific rockfish populations
include age truncation, localized depletion, and potential overfishing.
Response: Some age truncation will occur if a stock is fished. Only
GOA Pacific ocean perch showed more age truncation than was expected at
equilibrium. However, this population is not at equilibrium and has
increased substantially in the last decade. Therefore, the observed age
truncation may be from fishing, but it also may be from the recent
strength of recruitment substantially increasing the proportion of
younger fish.
Three species of rockfish have shown localized depletion in some
years and areas. Most of the significant depletions did not occur in
the same place or in consecutive years. The densities were as high as
they were in the previous year when fishing resumed, implying migration
and replenishment when depletions did occur in the same place or in
consecutive years.
Recently, North Pacific rockfish species have not been subject to
consistent overfishing.
Comment 5: NMFS should support the proposal by Goodman et al. in
the review of the North Pacific harvest strategy to shift to F50%
to F60%-based harvest rates as one step in sustainable
rockfish management.
Response: There has been no evidence that Alaskan rockfish need to
have a more conservative spawning output per recruit (SPR) rate than
other species. Goodman et al. presented evidence based on less
productive West Coast rockfish. The fishing mortality derived from an
F40% strategy is much lower for rockfish with their
sensitive life history characteristics than the fishing mortalities
derived from the same harvest strategy for other species. This is due
to the late maturity, slow growth, and low natural mortality of
rockfish. For example, the fishing mortality rate for rougheye rockfish
is about one tenth the fishing mortality rate for Pacific cod. Several
analyses for Pacific ocean perch show F40% to be relatively
conservative for rockfish.
Comment 6: NMFS should set separate TAC and OFL levels for rougheye
rockfish in the Bering Sea and Aleutian Islands and consider the
closure of bycatch hotspots.
Response: Separation of the rougheye rockfish TAC into the Bering
Sea and AI subareas would be based on the proportion of the available
biomass in each subarea. Recent surveys estimate the biomass of BSAI
rougheye rockfish as 11 percent in the Bering Sea subarea and 89
percent in the AI subarea. Therefore, a separate rougheye rockfish TAC
for the AI subarea would not be much lower than the TAC for the BSAI
area, and would offer little additional protection for AI rougheye
rockfish. Also, the biomass estimate used for BSAI rougheye rockfish is
based on the AI survey data. The two years of the Bering Sea slope
survey (2002 and 2004) have not been used in the stock assessment due
to the short length of
[[Page 10911]]
this new time series. Basing the BSAI stock assessment on only the AI
survey biomass produces more conservative (lower) estimates of rougheye
rockfish biomass and TACs.
A separate TAC for Bering Sea subarea rougheye rockfish could
potentially prevent disproportionate harvesting, but the available data
are not sufficient to manage rougheye rockfish in the Bering Sea
subarea as a separate stock. As mentioned above, the slope survey time
series consists of two years, and very limited age and length
composition sampling has occurred for rougheye rockfish on the Bering
Sea slope. Because BSAI rougheye rockfish are obtained as incidental
catch, setting separate ABCs for the Bering Sea and AI subareas may
result in more regulatory discarding.
Several management measures are in place to minimize and distribute
catch of BSAI rougheye rockfish. Rougheye rockfish are closed to
directed fishing for the entire year and are taken only in association
with other directed fisheries. As a result, catch is partitioned
consistent with the population distribution described above. In 2004
and 2005, 89 percent and 87 percent, respectively, of the catch
occurred in the AI subarea.
Rougheye rockfish are taken predominately in the Atka mackerel and
Pacific ocean perch fisheries in the AI subarea. The directed Atka
mackerel and Pacific ocean perch fisheries are divided into three
separate Aleutian Islands districts. Distribution of the target
fisheries also distributes the incidental catch of rougheye rockfish.
Because rougheye rockfish are not open to directed fishing and the
directed fisheries that catch rougheye rockfish are distributed by
three districts in the Aleutian Island subarea, creation of a separate
TAC within the AI subarea for rougheye rockfish would not serve to
reduce the potential of localized depletion. Conversely, separate TACs
could serve to increase discards.
Retention rates are set low to discourage intentional targeting
within the directed fisheries. For rougheye rockfish the maximum
retention rate is 2 percent in the Atka mackerel fishery and 7 percent
in the Pacific ocean perch fishery.
In the North Pacific, localized depletion has been examined for
several rockfish species including Pacific ocean perch, northern
rockfish, and dusky rockfish. Localized depletion was found to occur in
some years and areas, but has generally not diminished stock densities
over successive years. Fishery catch per unit effort data is used as an
index of stock abundance to examine localized depletion on short time
scales. Because rougheye rockfish are not subject to a direct fishery
and are obtained as incidental catch, fishery catch per unit effort may
not accurately reflect population size, thus limiting the data
available for examining localized depletion for this species.
Small Entity Compliance Guide
The following information 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 management measures are to announce 2006 and 2007 final harvest
specifications and prohibited species bycatch allowances for the
groundfish fishery of the BSAI. This action is necessary to establish
harvest limits and associated management measures for groundfish during
the 2006 and 2007 fishing years and to accomplish the goals and
objectives of the FMP. This action affects all fishermen who
participate in the BSAI fishery. The specific amounts of OFL, ABC, TAC
and PSC amounts are provided in tabular form to assist the reader. NMFS
will announce closures of directed fishing in the Federal Register and
in information bulletins released by the Alaska Region. Affected
fishermen should keep themselves informed of such closures.
Classification
This action is authorized under Sec. 679.20 and is exempt from
review under Executive Order 12866.
A Final Regulatory Flexibility Analysis (FRFA) was prepared to
evaluate the impacts of the 2006 and 2007 harvest level specifications
on directly regulated small entities. This FRFA is intended to meet the
statutory requirements of the Regulatory Flexibility Act (RFA).
The proposed rule for the BSAI harvest specifications was published
in the Federal Register on December 16, 2005 (70 FR 74723). An Initial
Regulatory Flexibility Analysis (IRFA) was prepared for the proposed
rule and was described in the classifications section of that preamble
to the rule. Copies of the IRFA prepared for this action are available
from NMFS, Alaska Region (see ADDRESSES). The public comment period
ended on January 17, 2006. No comments were received on the IRFA or
regarding the economic impacts of this rule.
The 2006 and 2007 harvest specifications establish harvest limits
for the groundfish species and species groups in the BSAI. This action
is necessary to allow fishing in 2006 and 2007. About 946 small catcher
vessels, 29 small catcher/processors, and six small private non-profit
CDQ groups may be directly regulated by the BSAI harvest
specifications. This regulation does not impose new recordkeeping or
reporting requirements on the regulated small entities.
The FRFA examined the impacts of the preferred alternative on small
entities within fisheries defined by the harvest of species groups
whose TACs might be affected by the harvest specifications. The FRFA
identified the potential for adverse impacts of the preferred
alternative on small fishing operations harvesting Pacific cod,
Greenland turbot, northern rockfish, and ``other species'' in the BSAI
and on CDQ groups operating in the BSAI.
There were an estimated 120 directly regulated small entities in
the BSAI Pacific cod sector. These small operations were projected to
see a 3 percent decline in their gross revenues from all sources in
2006 and 14 percent (from 2005 levels) in 2007. There were an estimated
24 directly regulated small entities in the BSAI Greenland turbot
sector. These small operations were projected to see less than a 1
percent reduction in their gross revenues from 2005 levels in both 2006
and 2007. There were an estimated 2 small entities in the BSAI northern
rockfish sector. While detailed information cannot be provided for
these two operations because of confidentiality restrictions, BSAI
northern rockfish revenues for these two vessels were significantly
less than 1 percent of their annual revenues; therefore, any decrease
that may occur in the BSAI northern rockfish allocation in 2006 would
have less than a 1 percent reduction in their gross revenues. There
were an estimated 28 directly regulated small entities in the BSAI
``other species'' sector. These small operations were expected to see
their revenues decline by a fraction of a percent from 2005 levels in
2006 and 2007. Six non-profit CDQ groups operating in the BSAI were
expected to see their revenues drop by under 1 percent between 2005 and
2006 and by about 2 percent between 2005 and 2007.
Although the preferred alternative had adverse impacts on some
classes of small entities compared to the fishery in the preceding
year, alternatives that had smaller adverse impacts were precluded by
biological management concerns. Four alternatives were evaluated in
addition to the preferred alternative. Alternative 1 set TACs equal to
the maxFABC fishing rate. Alternative 1 was associated with
high TACs, high revenues, and TACs that exceeded the statutory BSAI OY.
Alternative 2, the
[[Page 10912]]
preferred alternative, set TACs to produce the fishing rates
recommended by the Council on the basis of Plan Team and SSC
recommendations. Alternative 3 set TACs to produce fishing rates equal
to half the maxFABC, and Alternative 4 set TACs to produce
fishing rates equal to the last five years' average fishing rate.
Alternative 5 set TACs equal to zero.
BSAI fishermen and CDQ groups would have had larger gross revenues
under Alternative 1 than under the preferred alternative. However,
Alternative 1 involves TAC levels that are precluded by law since they
would exceed the statutory two million mt BSAI OY. In order to stay
within the OY threshold, increases in some TACs would have had to be
offset by decreases in other TACs. Moreover, in 2006 and 2007, the BSAI
Pacific cod TACs are set equal to the ABCs recommended by the Council's
BSAI Plan Team and SSC. Higher TACs would not be consistent with
prudent biological management of the fishery; therefore, Alternative 2
was chosen instead of Alternative 1 because it sets TACs as high as
possible while still protecting the biological health of the stock.
Alternative 2 was chosen instead of Alternatives 3, 4, or 5 because it
provided higher levels of overall harvest and revenue.
Under the provisions of 5 U.S.C. 553(d)(3), an agency can waive a
delay in the effective date of a substantive rule for good cause. If
the final harvest specifications are not effective by March 5, 2006,
which is the start of the Pacific halibut season as specified by the
IPHC, the longline sablefish fishery will not begin concurrently with
the Pacific halibut season. This would cause sablefish that is caught
with Pacific halibut to be discarded, as both longline sablefish and
Pacific halibut are managed under the same Individual Fishing Quota
program. Immediate effectiveness of the 2006 and 2007 final harvest
specifications will allow the sablefish fishery to begin concurrently
with the Pacific halibut season. Accordingly, I find that there is good
cause to waive the 30-day delayed effectiveness period under 5 U.S.C.
553(d)(3) with respect to such provisions and to the apportionment
discussed above. Also, by regulation, the AFA cooperative applications
are due to NMFS on December 1, 2005, providing the basis for the final
AFA cooperative allocation. The 2006 cooperatives changed from 2005 as
a result of 5 vessels changing cooperatives. The inshore cooperative
allocations currently in effect are based on cooperative applications
for the 2005 fishing year. Time is of the essence to have the 2006 and
2007 harvest specifications in effect because vessels begin fishing for
inshore cooperative pollock allocations immediately after the start of
the calendar year in order to harvest pollock when its value is high
due to mature roe. Unless this delay is waived, several vessels will be
fishing for the wrong AFA inshore cooperative once the 2006 and 2007
final harvest specifications are effective.
Authority: 16 U.S.C. 773 et seq.; 1540(f); 1801 et seq.; 1851
note; and 3631 et seq.
Dated: February 28, 2006.
James W. Balsiger,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
[FR Doc. 06-1995 Filed 3-2-06; 8:45 am]
BILLING CODE 3510-22-P