[Federal Register Volume 68, Number 41 (Monday, March 3, 2003)]
[Rules and Regulations]
[Pages 9924-9942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4814]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 021122286-3036-02; I.D. 110602B]


Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of 
Alaska; Final 2003 Harvest Specifications for Groundfish

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

ACTION: Final 2003 harvest specifications for groundfish and associated 
management measures; closures.

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SUMMARY: NMFS announces final 2003 harvest specifications for 
groundfish, reserves and apportionments thereof, Pacific halibut 
prohibited species catch (PSC) limits, and associated management 
measures for the groundfish fishery of the Gulf of Alaska (GOA). This 
action is necessary to establish harvest limits and associated 
management measures for groundfish during the 2003 fishing year and to 
accomplish the goals and objectives of the Fishery Management Plan for 
Groundfish of the GOA (FMP). The intended effect of this action is to 
conserve and manage the groundfish resources in the GOA in accordance 
with the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act).

DATES: The final 2003 harvest specifications and associated management 
measures are effective at 1200 hrs, Alaska local time (A.l.t.), 
February 25, 2003, through 2400 hrs, A.l.t, December 31, 2003.

ADDRESSES: Copies of the Final Environmental Assessment (EA) and Final 
Regulatory Flexibility Analysis (FRFA) prepared for this action and the 
Final 2002 Stock Assessment and Fishery Evaluation (SAFE) report, dated 
November 2002, are available from the North Pacific Fishery Management 
Council, West 4th Avenue, Suite 306, Anchorage, AK, 99510 (907-271-
2809) or from its homepage at http://www.fakr.noaa.gov/npfmc.

FOR FURTHER INFORMATION CONTACT: Tom Pearson, Sustainable Fisheries 
Division, Alaska Region, 907-481-1780 or e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

Background for the 2003 Final Harvest Specifications

    NMFS manages the groundfish fisheries in the exclusive economic 
zone (EEZ) of the GOA under the FMP. The Council prepared the FMP under 
the authority of the Magnuson-Stevens Act, 16 U.S.C. 1801, et seq. 
Regulations governing U.S. fisheries and implementing the FMP appear at 
50 CFR parts 600 and 679.
    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 of which must be within the optimum yield (OY) range 
of 116,000 to 800,000 metric tons (mt) (Sec.  679.20(a)(1)(ii)). 
Regulations at Sec.  679.20(c)(3)(i) further require NMFS to publish 
annually the final annual TACs, halibut PSC amounts, and seasonal 
allowances of pollock, Pacific cod, and inshore/offshore Pacific cod. 
The final specifications set forth in Tables 1 to 11 of this document 
satisfy these requirements. For 2003, the sum of TAC amounts is 236,440 
mt.
    The proposed GOA groundfish specifications and Pacific halibut PSC 
allowances for the groundfish fishery of the GOA were published in the 
Federal Register on December 12, 2002 (67 FR 76344). Comments were 
invited and accepted through January 13, 2003. NMFS received one 
comment on the proposed specifications. This comment is summarized and 
responded to in the ``Response to Comments'' section. Public 
consultation with the Council occurred during the December 2002 Council 
meeting in Anchorage, AK. After considering public comments received, 
as well as biological and economic data that were available at the 
Council's December meeting, NMFS is implementing the final 2003 
groundfish specifications as recommended by the Council.
    Regulations at Sec.  679.20(c)(2)(i) establish interim amounts of 
each proposed TAC and apportionment thereof, and proposed PSC 
allowances established under Sec.  679.21 that become available at 0001 
hours, A.l.t., January 1, and remain available until superseded by the 
final specifications. NMFS published the interim 2003 groundfish 
harvest specifications in the Federal Register on December 26, 2002 (67 
FR 78733). The final 2003 groundfish harvest specifications, 
apportionments, and halibut PSC allowances contained in this action 
supersede the interim 2003 groundfish harvest specifications.

Implementation of Steller Sea Lion Conservation Measures

    In accordance with a biological opinion issued by NMFS on October 
19, 2001, NMFS implemented a final rule for Steller sea lion protection 
(68 FR 204, January 2, 2003) that contains measures that were deemed 
necessary to avoid the likelihood that the pollock, Pacific cod, and 
Atka mackerel fisheries off Alaska will jeopardize the continued 
existence of the western population of Steller sea lions or adversely 
modify its critical habitat. The final rule implements three types of 
management measures for the pollock and Pacific cod fisheries of the 
GOA: (1) measures to temporally disperse fishing effort, (2) measures 
to spatially disperse fishing effort, and (3) measures to provide 
sufficient protection from competition with pollock fisheries for prey 
in waters immediately adjacent to rookeries and important haulouts.
    On December 18, 2002, the United States District Court for the 
Western District of Washington entered an Order remanding the October 
19, 2001, biological opinion prepared for the groundfish fisheries. 
Greenpeace, et al. v. National Marine Fisheries Service, No. C98-492Z 
(W.D. Wash.). The Court held that the biological opinion's findings of 
no jeopardy to the continued existence of endangered Steller sea lions 
and no adverse modification of their critical habitat were arbitrary 
and capricious. NMFS reached an agreement with the Plaintiffs that the 
2003

[[Page 9925]]

groundfish fisheries will commence pursuant to the Steller sea lion 
protection measures examined in the biological opinion pending 
completion of the remand. The Court issued an order on December 30, 
2002, that supported the agreement and extended the effective date of 
the 2001 Steller sea lion protection measures biological opinion until 
June 30, 2003.

Acceptable Biological Catch (ABC) and TAC Specifications

    The final ABC levels are based on the best available scientific 
information, including projected biomass trends, information on assumed 
distribution of stock biomass, and revised methods used to calculate 
stock biomass. The FMP specifies the formulas, or tiers, to be used in 
computing ABCs and overfishing levels (OFLs). The formulas applicable 
to a particular stock or stock complex are determined by the level of 
reliable information available to fisheries scientists. This 
information is categorized into a successive series of six tiers.
    The Council, its Advisory Panel (AP), and its Scientific and 
Statistical Committee (SSC) reviewed the most current biological 
information about the condition of GOA groundfish stocks at their 
meetings in December 2002. This information was compiled by the 
Council's GOA Plan Team and was presented in the final 2002 SAFE report 
for the GOA groundfish fisheries, dated November 2002.
    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 GOA ecosystem 
and the economic condition of groundfish fisheries off Alaska. From 
these data and analyses, the Plan Team estimates an ABC for each 
species or species category.
    The SSC, AP, and Council adopted the Plan Team's ABC 
recommendations for all groundfish species categories except sablefish. 
For sablefish, the SSC increased the ABC from the Plan Team's 
recommendation based on the projected 5-year average of catches under 
the Council's F40% policy. The AP endorsed the ABC for sablefish 
recommended by the SSC, and the Council adopted the ABC. The final 
ABCs, as adopted by the Council are listed in Table 1.
    As in 2002, the SSC's, AP's and Council's recommendation for the 
method of apportioning the sablefish ABC among management areas 
includes commercial fishery as well as survey data. NMFS stock 
assessment scientists believe that the use of unbiased commercial 
fishery data reflecting catch-per-unit effort provides a desirable 
input for stock distribution assessments. The use of commercial fishery 
data needs to be evaluated annually to assure that unbiased information 
is included in stock distribution models. The Council's recommendation 
for sablefish area apportionments also takes into account the 
prohibition on the use of trawl gear in the Southeast Outside (SEO) 
District of the Eastern GOA and makes available 5 percent of the 
combined Eastern GOA ABCs to trawl gear for use as incidental catch in 
other directed groundfish fisheries in the West Yakutat District.
    The AP and Council recommended that the ABC for Pacific cod in the 
GOA be apportioned among regulatory areas based on the three most 
recent NMFS summer trawl surveys. As in previous years, the Plan Team, 
SSC, and Council recommended that total removals of Pacific cod from 
the GOA not exceed ABC recommendations. Accordingly, the AP and Council 
recommended that the TACs be adjusted downward from the ABCs by amounts 
equal to the 2003 guideline harvest levels (GHL) established for 
Pacific cod by the State of Alaska (State) for seasons which occur in 
State waters in the GOA. The effect of the State's GHL on the Pacific 
cod TAC is discussed in greater detail below.
    The final TAC recommendations were based on the ABCs as adjusted 
for other biological and socioeconomic considerations, including 
maintaining the total TAC with the required OY range of 116,000 to 
800,000 mt. The Council adopted the AP's TAC recommendations. None of 
the Council's recommended TACs for 2003 exceeds the final ABC for any 
species category. NMFS finds that the recommended ABCs and TACs are 
consistent with the biological condition of groundfish stocks as 
described in the 2002 SAFE report and approved by the Council.
    Table 1 lists the final annual 2003 OFL, ABC, TAC, and area 
apportionments of groundfish in the GOA. The sum of 2003 ABCs for all 
assessed groundfish is 416,600 mt, which is higher than the 2002 ABC 
total of 394,780 mt. The apportionment of TAC amounts among gear types, 
processing sectors, and seasons is discussed below.

Specification and Apportionment of TAC Amounts

    The Council adopted the AP's proposals for the 2003 GOA TAC 
amounts. The Council recommended TACs equal to ABCs for pollock, deep-
water flatfish, rex sole, sablefish, shortraker and rougheye rockfish, 
northern rockfish, Pacific Ocean perch, pelagic shelf rockfish, 
thornyhead rockfish, demersal shelf rockfish, and Atka mackerel. The 
Council-recommended TACs are less than the ABC for Pacific cod, 
flathead sole, shallow-water flatfish, arrowtooth flounder, and other 
rockfish.
    The apportionment of annual pollock TAC among three statistical 
areas of the Western and Central Regulatory Areas of the GOA reflects 
the seasonal biomass distribution and is discussed in greater detail 
below.
    The annual pollock TAC in the Western and Central Regulatory Areas 
of the GOA is apportioned into four equal seasonal apportionments. The 
annual pollock TAC in the combined Western/Central/West Yakutat (W/C/
WYK) area of the GOA is 47,890 mt. The annual TAC in the Western and 
Central Regulatory Areas of the GOA is apportioned among Statistical 
Areas 610, 620, and 630 as well as equally among each of the following 
four seasons: the A season (January 20 through February 25), the B 
season (March 10 through May 31), the C season (August 25 through 
September 15), and the D season (October 1 through November 1)(Sec.  
679.23(d)(2)(i) through (iv) and Sec.  679.20(a)(5)(ii)(B)).
    The 2003 Pacific cod TAC is affected by the State's developing 
fishery for Pacific cod in State waters in the Central and Western GOA, 
as well as Prince William Sound (PWS). The SSC, AP, and Council 
recommended that the sum of all State and Federal water Pacific cod 
removals should not exceed the ABC. Accordingly, the Council 
recommended that Pacific cod TAC be reduced from ABC levels to account 
for State GHLs in each regulatory area of the GOA. Respective TACs, 
therefore, are reduced from ABCs as follows: (1) Eastern GOA 800 mt, 
(2) Central GOA 6,310 mt, and (3) Western GOA 5,150 mt. These amounts 
reflect the sum of State's 2003 GHLs in these areas which are 25 
percent, 21.75 percent, and 25 percent of the Eastern, Central, and 
Western GOA ABCs, respectively. These percentages are unchanged from 
2002.
    NMFS is also establishing seasonal apportionments of the annual 
Pacific cod TAC in the Western and Central Regulatory Areas. Sixty 
percent of the annual TAC is apportioned to the A season for hook-and-
line, pot and jig gear from January 1 through June 10, and for trawl 
gear from January 20 through June 10. Forty percent of the annual TAC 
is apportioned to the B season for hook-and-line, pot and jig

[[Page 9926]]

gear from September 1 through December 31, and for trawl gear from 
September 1 through November 1 (Sec.  679.23(d)(3) and Sec.  
679.20(a)(11)). These seasonal apportionments of the annual Pacific cod 
TAC are discussed in greater detail below.
    The FMP specifies that the amount for the ``other species'' 
category is calculated as 5 percent of the combined TAC amounts for 
target species. The 2003 GOA-wide ``other species'' TAC is 11,260 mt, 
which is 5 percent of the sum of the combined TAC amounts (225,180 mt) 
for the other groundfish species for which TAC is specified. The sum of 
the TACs for all GOA groundfish is 236,440 mt, which is within the OY 
range specified by the FMP. The sum of the 2003 TACs is lower than the 
2002 TAC sum of 237,890 mt.
    NMFS finds that the Council's recommendations for OFL, ABC, and TAC 
amounts are consistent with the biological condition of groundfish 
stocks as adjusted for other biological and socioeconomic 
considerations, including maintaining the total TAC within the required 
OY range of 116,000 to 800,000 mt. NMFS has reviewed the Council's 
recommended TAC specifications and apportionments and approves these 
specifications under Sec.  679.20(c)(3)(ii). The final 2003 ABCs, TACs, 
and OFLs are shown in Table 1.
[GRAPHIC] [TIFF OMITTED] TR03MR03.000


[[Page 9927]]


[GRAPHIC] [TIFF OMITTED] TR03MR03.001


[[Page 9928]]


[GRAPHIC] [TIFF OMITTED] TR03MR03.002


[[Page 9929]]


[GRAPHIC] [TIFF OMITTED] TR03MR03.003

Apportionment of Reserves

    Regulations implementing the FMP require 20 percent of each TAC for 
pollock, Pacific cod, flatfish, and the ``other species'' category be 
set aside in reserves for possible apportionment at a later date (Sec.  
679.20(b)(2)). In 2002, NMFS reapportioned all of the reserves in the 
final harvest specifications. NMFS proposed reapportionment of all 
reserves in the proposed 2003 GOA groundfish specifications published 
in the Federal Register on December 12, 2002 (67 FR 76344). NMFS 
received no public comments on the proposed reapportionments. For the 
final 2003 GOA harvest specifications, NMFS has reapportioned all of 
the reserve for pollock, Pacific cod, flatfish, and ``other species''. 
Specifications of TAC shown in Table 1 reflect apportionment of reserve 
amounts for these species and species groups.

Apportionments of the Sablefish TAC Amounts to Vessels Using Hook-and-
line and Trawl Gear

    Under Sec.  679.20(a)(4)(i) and (ii), sablefish TACs for each of 
the regulatory areas and districts are allocated to hook-and-line and 
trawl gear. In the Western and Central Regulatory Areas, 80 percent of 
each TAC is allocated to hook-and-line gear and 20 percent of each TAC 
is allocated to trawl gear. In the Eastern Regulatory Areas, 95 percent 
of the TAC is allocated to hook-and-line gear and 5 percent is 
allocated to trawl gear. The trawl gear allocation in the Western, 
Central, and Eastern Regulatory Areas may only be used to support 
incidental catch of sablefish in directed fisheries for other target 
species. In recognition of the trawl ban in the SEO District of the 
Eastern Regulatory Area, the Council recommended, and NMFS concurs, 
that 5 percent of the combined Eastern GOA sablefish TAC be allocated 
to trawl gear in the WYK District and the remainder to vessels using 
hook-and-line gear. This recommendation results in an allocation of 294 
mt to trawl gear and 2,026 mt to hook-and-line gear in the WYK District 
and 3,560 mt to hook-and-line gear in the SEO District. In the SEO 
District, 100 percent of the sablefish TAC is allocated to vessels 
using hook-and-line gear, resulting in a 3,560 mt allocation. Table 2 
shows the allocations of the 2003 sablefish TACs between hook-and-line 
gear and trawl gear.
[GRAPHIC] [TIFF OMITTED] TR03MR03.004

Apportionments of Pollock TAC Among Seasons and Regulatory Areas, and 
Allocations for Processing by Inshore and Offshore Components

    In the GOA, pollock is apportioned by season and area, and is 
further allocated for processing by inshore and offshore components. 
Under regulations at Sec.  679.20(a)(5)(ii)(B), the annual pollock TAC 
specified for the Western and Central Regulatory Areas of the GOA is 
apportioned into four equal seasonal apportionments of 25 percent. As 
established by Sec.  679.23(d)(2)(i) through (iv), the A, B, C, and D 
season apportionments are available from January 20 through February 
25, from March 10 through May 31, from August 25 through September 15, 
and from October 1 through November 1, respectively.
    Pollock TACs in the Western and Central Regulatory Areas of the GOA 
in the A and B seasons are apportioned among Statistical Areas 610, 
620, and 630 in proportion to the distribution of pollock biomass, as 
determined by a composite of NMFS winter surveys, and in the C and D 
seasons in proportion to

[[Page 9930]]

the distribution of pollock biomass, as determined by the four most 
recent NMFS summer surveys. The Plan Team recommended an adjustment to 
the distribution of pollock in the Central Regulatory Area during the A 
season. The Plan Team recommended that during the A season, the winter 
and summer distribution of pollock be averaged in the Central 
Regulatory Area to better reflect the distribution of pollock and the 
performance of the fishery in the area during the A season. The SSC, 
AP, and Council concurred with the Plan Team's recommendation. Within 
any fishing year, the underage or overage of a seasonal apportionment 
may be added to or subtracted from subsequent seasonal apportionments 
in a manner to be determined by the Administrator, Alaska Region, NMFS, 
(Regional Administrator), provided that the sum of the revised seasonal 
apportionment does not exceed 30 percent of the annual TAC 
apportionment for the Central and Western Regulatory Areas in the GOA 
(Sec.  679.20(a)(5)(ii)(B)). For 2003, 30 percent of the annual TAC for 
the Central and Western Regulatory Areas is 14,044 mt. The WYK and SEO 
District pollock TACs of 1,078 mt and 6,460 mt, respectively are not 
apportioned seasonally.
    Regulations at Sec.  679.20(a)(6)(ii) require that the entire 
amount of the pollock TAC in all regulatory areas and all seasonal 
allowances thereof be allocated to vessels catching pollock for 
processing by the inshore component after subtraction of amounts that 
are projected by the Regional Administrator to be caught by, or 
delivered to, the offshore component incidental to directed fishing for 
other groundfish species. The amount of pollock available for harvest 
by vessels harvesting pollock for processing by the offshore component 
is that amount actually taken as incidental catch during directed 
fishing for groundfish species other than pollock, up to the maximum 
retainable amounts allowed under regulations at Sec.  679.20(e) and 
(f). At this time, these incidental catch amounts are unknown and will 
be determined during the fishing year.
    The seasonal biomass distribution of pollock in the Western and 
Central GOA, area apportionments, and seasonal apportionments for the 
A, B, C, and D seasons are summarized in Table 3, except that 
allocations of pollock for processing by the inshore and offshore 
components are not shown.
[GRAPHIC] [TIFF OMITTED] TR03MR03.005

Seasonal Apportionments of Pacific Cod TAC and Allocations for 
Processing of Pacific Cod TAC Between Inshore and Offshore Components

    Pacific cod fishing is divided into two seasons in the Western and 
Central Regulatory Areas of the GOA. For hook-and-line, pot and jig 
gear the A season begins on January 1 and ends on June 10, and the B 
season begins on September 1 and ends on December 31. For trawl gear, 
the A season begins on January 20 and ends on June 10, and the B season 
begins on September 1 and ends on November 1 (Sec.  679.23(d)(3)). 
Sixty percent of the annual TAC will be available as a directed fishing 
allowance during the A season and, after subtraction of incidental 
catch, the remaining 40 percent of the annual TAC will be available for 
catch during the B season, and will be allocated between the inshore 
and offshore processing components as provided in 50 CFR Sec.  
679.20(a)(6)(iii). Between the A and B seasons, directed fishing for 
Pacific cod is closed and fishermen participating in other directed 
fisheries may retain Pacific cod up to the maximum retainable amounts 
allowed under regulations at Sec.  679.20(e) and (f). For purposes of 
clarification, NMFS points out that the A and B season Pacific cod 
fishery dates differ from those of the A, B, C, and D season dates for 
the pollock fisheries. In accordance with Sec.  679.20(a)(11)(ii), any 
overage or underage of Pacific cod harvest from the A season shall be 
subtracted from or added to the subsequent B season.
    Regulations at Sec.  679.20(a)(6)(iii) require that the TAC 
apportionment of Pacific cod in all regulatory areas be allocated to 
vessels catching Pacific cod for processing by the inshore and offshore 
components. Ninety percent of the Pacific cod TAC in each regulatory 
area is allocated to vessels catching Pacific cod for processing by the 
inshore component. The remaining 10 percent of the TAC is allocated to 
vessels catching Pacific cod for processing by the offshore component. 
These seasonal apportionments and component allocations of the Pacific 
cod TAC for 2003 are shown in Table 4.

[[Page 9931]]

[GRAPHIC] [TIFF OMITTED] TR03MR03.006

``Other Species'' TAC

    The FMP specifies that amounts for the ``other species'' category 
are calculated as 5 percent of the combined TAC amounts for target 
species. The GOA-wide ``other species'' TAC is calculated as 11,260 mt, 
which is 5 percent of the sum of combined TAC amounts for the target 
species.

Pacific Halibut PSC Mortality Limits

    Under Sec.  679.21(d), annual Pacific halibut PSC limits are 
established and apportioned to trawl and hook-and-line gear and may be 
established for pot gear. In December 2002, the Council recommended 
that NMFS maintain the 2002 halibut PSC limits of 2,000 mt for the 
trawl fisheries and 300 mt for the hook-and-line fisheries, with 10 mt 
of the hook-and-line limit apportioned to the demersal shelf rockfish 
(DSR) fishery in the SEO District and the remainder to the remaining 
hook-and-line fisheries. The DSR fishery is defined at Sec.  
679.21(d)(4)(iii)(A) and historically has been apportioned this amount 
in recognition of its small scale harvests. Although observer data are 
not available to verify actual bycatch amounts, given most vessels are 
less than 60 ft (18.3 m) length overall (LOA) and are exempt from 
observer coverage, halibut bycatch in the DSR fishery is assumed to be 
low because of the short soak times for the gear and the short duration 
of the DSR fishery. Also, the DSR fishery occurs in the winter when 
less of an overlap exists in the distribution of DSR and halibut.
    Regulations at Sec.  679.21(d)(4) authorize exemption of specified 
nontrawl fisheries from the halibut PSC limit. The Council recommended 
that pot gear, jig gear, and the hook-and-line sablefish fishery be 
exempted from the nontrawl halibut limit for 2003. The Council 
recommended, and NMFS concurs with, these exemptions because of the low 
halibut bycatch mortality experienced in the pot gear fisheries (4 mt 
in 2001 and 2 mt in 2002) and because of the 1995 implementation of the 
sablefish and halibut Individual Fishing Quota (IFQ) program. The 
sablefish IFQ program requires legal-size halibut to be retained by 
vessels using hook-and-line gear if a halibut IFQ permit holder is 
aboard and is holding unused halibut IFQ. Halibut mortality for the jig 
gear fleet cannot be estimated because these vessels do not carry 
observers. However, halibut mortality is assumed to be very low given 
the small amount of groundfish harvested by jig gear (336 mt in 2001 
and 277 mt in 2002) and the assumed high survival rate of any halibut 
that are incidentally caught by jig gear and released.
    Under Sec.  679.21(d)(5), NMFS seasonally apportions the halibut 
PSC limits based on recommendations from the Council. The FMP and 
regulations require that the following information be considered by the 
Council and NMFS in seasonally apportioning halibut PSC limits: (1) 
Seasonal distribution of halibut, (2) seasonal distribution of target 
groundfish species relative to halibut distribution, (3) expected 
halibut bycatch needs on a seasonal basis relative to changes in 
halibut biomass and expected catch of target groundfish species, (4) 
expected bycatch rates on a seasonal basis, (5) expected changes in 
directed groundfish fishing seasons, (6) expected actual start of 
fishing effort, and (7) economic effects of establishing seasonal 
halibut allocations on segments of the target groundfish industry.
    The emergency interim rule establishing the final 2002 groundfish 
and PSC specifications (66 FR 956, January 8, 2002) summarizes Council 
findings with respect to each of the FMP considerations set forth here. 
At this time, the Council's and NMFS' findings are unchanged from those 
set forth in 2002. The opening date for the third seasonal allowance of 
the trawl halibut PSC limit and the start date for directed fishing for 
rockfish by trawl gear is June 29, 2003. This date will facilitate 
inseason management of the rockfish fisheries and reduce the effect of 
the rockfish fisheries on the annual NMFS sablefish survey which occurs 
later in July.
    NMFS concurs with the Council's recommendations described here and 
listed in Table 5. Regulations at Sec.  679.21(d)(5)(iii) and (iv) 
specify that any overages or shortfalls in a seasonal apportionment of 
a PSC limit will be deducted from or added to the following seasonal 
apportionment within the 2003 fishing year. The following types of

[[Page 9932]]

information as presented in, or summarized from, the current SAFE 
report, or as otherwise available from NMFS, Alaska Department of Fish 
and Game, the International Pacific Halibut Commission (IPHC) or public 
testimony were considered when establishing the halibut PSC limits:

(A) Estimated Halibut Bycatch in Prior Years

    The best available information on estimated halibut bycatch is data 
collected by observers during 2002. The calculated halibut bycatch 
mortality by trawl, hook-and-line, and pot gear through December 7, 
2002, is 1,997 mt, 246 mt, and 2 mt, respectively, for a total halibut 
mortality of 2,245 mt.
    Halibut bycatch restrictions seasonally constrained trawl gear 
fisheries during the 2002 fishing year. Trawling during the second 
season closed for the shallow-water complex on May 15 (67 FR 35448, May 
20, 2002) and for the deep-water fishery complex on May 24 (67 FR 
37726, May 30, 2002). Trawling during the third season closed for the 
shallow-water complex on August 5 (67 FR 51499, August 8, 2002) and for 
the deep-water fishery complex on August 2 (67 FR 51129, August 7, 
2002). Trawling during the fourth season closed for both the shallow-
water complex and the deep-water fishery complex on September 1 (67 FR 
55730, August 30, 2002 and 67 FR 56320, September 3, 2002). Except for 
a brief period between November 6 and 10, 2002 (67 FR 67798, November 
7, 2002), all trawling in the GOA closed (with the exception of pelagic 
trawl gear targeting pollock) for the remainder of the year on October 
13 (67 FR 64066, October 17, 2002).
    The amount of groundfish that vessels using trawl gear might have 
harvested if halibut catch limitations had not restricted the season in 
2002 is unknown.

(B) Expected Changes in Groundfish Stocks

    In December 2002, the Council adopted higher 2003 ABCs for flathead 
sole, arrowtooth, sablefish, other rockfish, northern rockfish, Pacific 
ocean perch, demersal shelf rockfish, and thornyhead rockfish than 
those established for 2002. The Council adopted lower 2003 ABCs for 
pollock, Pacific cod, and shallow water flatfish than those established 
for 2002. For the remaining targets, the Council recommended that ABC 
levels remain unchanged from 2002. More information on these changes is 
included in the final SAFE report (November 2002) and in the Council 
and SSC December 2002 meeting minutes.

(C) Expected Changes in Groundfish Catch

    The total of the 2003 TACs for the GOA is 236,440 mt, a decrease of 
less than 1 percent from the 2002 TAC total of 237,638 mt. Those 
fisheries for which the 2003 TACs are lower than in 2002 are pollock 
(decreased to 54,350 mt from 58,250 mt), Pacific cod (decreased to 
40,540 mt from 44,230 mt), and other species (decreased to 11,260 mt 
from 11,330 mt). Those species for which the 2003 TACs are higher than 
in 2002 are shallow water flatfish (increased to 21,620 mt from 20,420 
mt), flathead sole (increased to 11,150 mt from 9,280 mt), sablefish 
(increased to 14,890 mt from 12,820 mt), northern rockfish (increased 
to 5,530 mt from 4,980 mt), Pacific ocean perch (increased to 13,660 mt 
from 13,190 mt), demersal shelf rockfish (increased to 390 mt from 350 
mt), and thornyhead rockfish (increased to 2,000 mt from 1,990 mt).

(D) Current Estimates of Halibut Biomass and Stock Condition

    The most recent halibut stock assessment was prepared by the IPHC 
in December 2002. The halibut resource is considered to be healthy, 
with total catch near record levels. Using the low range of estimates, 
the current exploitable halibut biomass for 2003 in Alaska is estimated 
to be 263,086 mt. This is similar to the estimate of 273,950 mt for 
2002.
    The exploitable biomass of the Pacific halibut stock apparently 
peaked at 326,520 mt in 1988. According to the IPHC, the long-term 
average reproductive biomass for the Pacific halibut resource was 
estimated at 118,000 mt. Long-term average yield was estimated at 
26,980 mt, round weight. The species is fully utilized. Recent average 
catches (1994-96) were 33,580 mt for the U.S. and 6,410 mt for Canada, 
for a combined total of 39,990 mt for the entire Pacific halibut 
resource. This catch was 48 percent higher than long-term potential 
yield, which reflects the good condition of the Pacific halibut 
resource. In January 2003, the IPHC recommended commercial catch limits 
totaling 36,812 mt (round weight equivalents) for Alaska in 2003, the 
same as in 2002. Through December 31, 2003, commercial hook-and-line 
harvests of halibut in Alaska total 37,219 mt (round weight 
equivalents).
    At its January 2003 meeting, IPHC staff reported on the assessment 
of the halibut stock in 2002. There were some significant changes in 
the assessment as a result of changes in the underlying data being 
analyzed and the persistence of smaller sizes at age in the central 
port of the halibut range. These changes created some uncertainty about 
differences in the biomass of the stock estimated from the current and 
previous assessments. Analyses were conducted for the 2002 assessment 
to ensure that the stock is not in danger of being overharvested. 
However, the IPHC staff intends to resolve these technical issues with 
the assessment over the next year. In addition, IPHC staff are 
investigating a new harvest policy that may result in greater stability 
in the yield from the fishery and insulate the process of setting catch 
limits from technological changes in the assessment. This harvest 
policy will also be reviewed by the IPHC. The resolution of technical 
issues of the assessmentmay indicate a larger estimate of biomass in 
the central region of the stock distribution, but application of the 
proposed harvest policy might dictate slightly lower yields. Because 
these two processes may be somewhat counterbalancing, IPHC staff wish 
to complete their investigations before recommending any changes to 
present catch limits or the harvest policy. While the trajectory of the 
halibut stock biomass is downward, the biomass is still above the long-
term average level and is expected to remain above this level for the 
next several years.
    Additional information on the Pacific halibut stock assessment and 
the proposed harvest policy may be found in the IPHC's 2002 Pacific 
halibut stock assessment (dated December 2002), available from the IPHC 
on its website at http://www.iphc.washington.edu/hal.com.

(E) Other Factors

    The proposed 2003 specifications (67 FR 76344, December 12, 2002) 
discuss potential impacts of expected fishing for groundfish on halibut 
stocks, as well as methods available for, and costs of, reducing 
halibut bycatch in the groundfish fisheries.

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[GRAPHIC] [TIFF OMITTED] TR03MR03.007

    Regulations at Sec.  679.21(d)(3)(ii), authorize the trawl halibut 
PSC limit to be further apportioned to trawl fishery categories, based 
on each category's proportional share of the anticipated halibut 
bycatch mortality during the fishing year and the need to optimize the 
amount of total groundfish harvest under the halibut PSC limit. The 
fishery categories for the trawl halibut PSC limits are: a deep-water 
species complex, comprised of sablefish, rockfish, deep-water flatfish, 
rex sole and arrowtooth flounder; and a shallow-water species complex, 
comprised of pollock, Pacific cod, shallow-water flatfish, flathead 
sole, Atka mackerel, and ``other species'' Sec.  679.21(d)(3)(iii). The 
final apportionment for these two fishery complexes is presented in 
Table 6.

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[GRAPHIC] [TIFF OMITTED] TR03MR03.008

Halibut Discard Mortality Rates

    The Council recommended, and NMFS concurs, that the halibut discard 
mortality rates (DMRs) recommended by the IPHC staff for the 2002 GOA 
groundfish fisheries be used to monitor halibut bycatch mortality 
limits established for the 2003 GOA groundfish fisheries. The IPHC 
recommended use of long-term average DMRs for the 2001-2003 groundfish 
fisheries. The IPHC recommendation also includes a provision that DMRs 
could be revised should analysis indicate that a fishery's annual DMR 
diverges substantially (up or down) from the long-term average. Most of 
the DMRs were based on an average of mortality rates determined from 
NMFS observer data collected between 1990 and 1999. DMRs were lacking 
for some fisheries, so rates from the most recent years were used. For 
the ``other species'' fishery, where insufficient mortality data are 
available, the mortality rates of halibut caught in the trawl, hook-
and-line, and pot gear Pacific cod fisheries were recommended as a 
default rate. The DMRs for 2003 are unchanged from those used in 2002 
in the GOA. The DMRs for hook-and-line targeted fisheries range from 8 
to 24 percent. The DMRs for trawl targeted fisheries range from 58 to 
72 percent. The DMRs for all pot targeted fisheries is 14 percent. The 
final 2003 DMRs are listed in Table 7. The justification for these DMRs 
is discussed in Appendix A of the final SAFE report dated November 
2002.

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[GRAPHIC] [TIFF OMITTED] TR03MR03.009

Non-exempt American Fisheries Act (AFA) Catcher Vessel Groundfish 
Harvest and PSC Limitations

    Regulations at Sec.  679.64 established groundfish harvesting and 
processing limitations, also called sideboards, on AFA catcher/
processors and catcher vessels in the GOA. These sideboard limits are 
necessary to protect the interests of fishermen and processors, who 
have not directly benefitted from the AFA, from fishermen and 
processors who have received exclusive harvesting and processing 
privileges under the AFA. Under the AFA regulations, listed AFA 
catcher/processors (Sec.  679.4(l)(2)(i)) are prohibited from 
harvesting any species of fish in the GOA (Sec.  679.7(k)(1)(ii)) and 
from processing any pollock harvested in a directed pollock fishery in 
the GOA and any groundfish harvested in Statistical Area 630 of the GOA 
(Sec.  679.7(k)(1)(iv)). The Council recommended, and NMFS concurs, 
that certain AFA catcher vessels in the GOA be exempt from groundfish 
sideboard limits. The AFA regulations exempt AFA catcher vessels in the 
GOA less than 125 ft (38.1 m) LOA whose annual Bering Sea and Aleutian 
Islands (BSAI) pollock landings totaled less than 5,100 mt and that 
made 30 or more GOA groundfish landings from 1995 through 1997 (Sec.  
679.64(b)(2)(i)(A)).
    For non-exempt AFA catcher vessels in the GOA, sideboard limits are 
based upon their traditional harvest levels of TAC in groundfish 
fisheries covered by the GOA FMP. The AFA regulations base the 
groundfish sideboard limits in the GOA on the retained catch of non-
exempt AFA catcher vessels of each sideboard species from 1995 through 
1997 divided by the TAC for that species over the same period (Sec.  
679.64(b)(3)(iii)). These amounts are listed in Table 8. All catch of 
sideboard species made by non-exempt AFA catcher vessels, whether as 
targeted catch or incidental catch, will be deducted from the sideboard 
limits in Table 8.

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[GRAPHIC] [TIFF OMITTED] TR03MR03.011


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[GRAPHIC] [TIFF OMITTED] TR03MR03.012

    PSC sideboard limits for non-exempt AFA catcher vessels in the GOA 
are based upon the ratio of aggregate retained groundfish catch by non-
exempt AFA catcher vessels in each PSC target category from 1995 
through 1997 relative to the retained catch of all vessels in that 
fishery from 1995 through 1997 (Sec.  679.64(b)(4)). These amounts are 
shown in Table 9.

[[Page 9939]]

[GRAPHIC] [TIFF OMITTED] TR03MR03.013

Directed Fishing Closures

    In accordance with Sec.  679.20(d)(1)(i), if the Regional 
Administrator determines that any allocation or apportionment of a 
target species or ``other species'' category apportioned to a fishery 
or, with respect to pollock and Pacific cod, to an inshore or offshore 
component, will be reached, the Regional Administrator may establish a 
directed fishing allowance for that species or species group. 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 GOA Regulatory Area or district (Sec.  
679.20(d)(1)(iii)).
    The Regional Administrator has determined that the following TAC 
amounts for the species and species groups listed in Table 10 are 
necessary as incidental catch to support other anticipated groundfish 
fisheries for the 2003 fishing year.

[[Page 9940]]

[GRAPHIC] [TIFF OMITTED] TR03MR03.014

    Consequently, in accordance with Sec.  679.20(d)(1)(i), the 
Regional Administrator establishes the directed fishing allowances for 
the species or species groups listed in Table 10 as zero.
    Therefore, in accordance with Sec.  679.20(d)(1)(iii), NMFS is 
prohibiting directed fishing for those species, areas, gear types, and 
processing components listed in Table 10. These closures will remain in 
effect through 2400 hrs, A.l.t., December 31, 2003.
    Regulations at Sec.  679.64(b)(5) provide for management of AFA 
catcher vessel groundfish harvest limits and PSC limits using directed 
fishing closures and PSC closures according to procedures set out at 
Sec. Sec.  679.20(d)(1)(iv) and 679.21(d)(8) and (e)(3)(v). The 
Regional Administrator has determined that in addition to the closures 
listed above, many of the non-exempt AFA catcher vessel sideboard 
amounts listed in Table 9 are necessary as incidental catch to support 
other anticipated groundfish fisheries for the 2003 fishing year. In 
accordance with Sec.  679.20(d)(1)(iv), the Regional Administrator 
establishes the directed fishing allowances for the species and species 
groups in the specified areas in Table 11 as zero. Therefore, in 
accordance with Sec.  679.20(d)(1)(iii), NMFS is prohibiting directed 
fishing by non-exempt AFA catcher vessels in the GOA for the species 
and species groups in the specified areas in Table 11. These closures 
will remain in effect through 2400 hrs, A.l.t., December 31, 2003.

[[Page 9941]]

[GRAPHIC] [TIFF OMITTED] TR03MR03.015

    Under authority of the interim 2003 specifications (67 FR 78733, 
December 26, 2002), pollock fishing opened on January 20, 2003, for 
amounts specified in that notice. NMFS has since closed Statistical 
Area 610 to directed fishing for pollock effective 1200 hrs, A.l.t., 
January 23, 2003 (68 FR 4115, January 28, 2003), and Statistical Area 
630 to directed fishing for pollock effective 1200 hrs, A.l.t., January 
21, 2003 (68 FR 2921, January 22, 2003), and opened Statistical Area 
630 to directed fishing for pollock effective 1200 hrs., A.l.t., 
February 13, 2003 through 1200 hrs, A.l.t., February 14, 2003 (68 FR 
7448, February 14, 2003). The closures for pollock in Statistical Areas 
610 and 630 will remain in effect through 1200 hrs, A.l.t., March 10, 
2003. NMFS has prohibited directed fishing for Pacific cod by vessels 
catching Pacific cod for processing by the offshore component effective 
1200 hrs, A.l.t., February 1, 2003 (68 FR 5585, February 1, 2003), by 
vessels catching Pacific cod for processing by the inshore component in 
the Central Regulatory Area, effective 1200 hrs, A.l.t., February 9, 
2003 (68 FR 7323, February 13, 2003), and by vessels catching Pacific 
cod for processing by the inshore component in the Western Regulatory 
Area, effective 1200 hrs, A.l.t., February 17, 2003 (68 FR 8154, 
February 20, 2003). The closures for Pacific cod in the Western and 
Central Regulatory Areas will remain in effect through 1200 hrs, 
A.l.t., September 1, 2003.
    These closures supersede the closures announced in the interim 2003 
harvest specifications (67 FR 78733, December 26, 2002). 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 Sec.  679. NMFS may implement 
other closures during the 2003 fishing year as necessary for effective 
conservation and management. Response to Comments
    NMFS received one letter of comment in response to the proposed 
2003 harvest specifications (67 FR 76344, December 12, 2002).
    Comment 1. A request for an extension of time in which to comment 
on the document.
    Response. Regulations at 50 CFR 679.20(c)(1)(i)(B) provide for a 
30-day comment period on the proposed specifications. NMFS has 
determined that an extension of the 30-day comment period on the 
proposed harvest specifications would pose unacceptable management 
implications for the 2003 groundfish fisheries. Without proposed and 
interim specifications in effect on January 1, the groundfish fisheries 
would not be able to open on that date, which would result in 
unnecessary closures and disruption within the fishing industry. 
Therefore, NMFS declines to extend the comment period on the proposed 
specifications.

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 rule's 
primary management measures are to announce final 2003 harvest 
specifications and prohibited species bycatch allowances for the 
groundfish fishery of the GOA. This action is necessary to establish 
harvest limits and associated management measures for groundfish during 
the 2003 fishing year and to accomplish the goals and objectives of the 
Fishery

[[Page 9942]]

Management Plan for the Groundfish of the GOA. This action affects all 
fishermen who participate in the GOA fishery. 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 50 CFR 679.20 and is exempt from 
review under Executive Order 12866.
    NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA) 
that describes the impact the 2003 harvest specifications may have on 
small entities, in accordance with the provisions of the Regulatory 
Flexibility Act of 1980, as amended by the Small Business Regulatory 
Enforcement Fairness Act of 1996 (5 U.S.C. 603(b)). Notice of the 
availability of the IRFA, and a summary, were published in the 
classification section of the proposed specifications for the 
groundfish fisheries in the GOA in the Federal Register on December 12, 
2002 (67 FR 76344). The comment period on the proposed GOA harvest 
specifications and IRFA ended on January 13, 2003. NMFS did not receive 
any comments on the IRFA. NMFS has prepared a FRFA for this action and 
a copy is available from the Council (see ADDRESSES).
    The small entities affected by this action are those that harvest 
fish under the terms of the specifications in the GOA. The FRFA 
identified 1,264 small catcher vessels and 16 small catcher/processors.
    No projected additional reporting, recordkeeping or other 
compliance requirements were identified in connection with the final 
notice of specifications.
    Four alternatives were evaluated, in addition to the preferred 
alternative used for the specifications. Alternatives were defined by 
the use of different harvest rates (F values). Impacts of the 
alternatives were estimated on the basis of their associated overall 
fleet gross revenue levels. Three alternatives (set F equal to 50 
percent of max FABC, set F equal to the most recent 5-year average 
actual F, and set F equal to zero) all appeared to have greater adverse 
impacts on small entities than the preferred alternative. One 
alternative (set F equal to max FABC) had estimated overall gross 
revenues that were about 4 percent greater than those under the 
preferred alternative in the GOA. However, this alternative one was not 
chosen because it was based on 2002 TACs, which do not take into 
consideration biological survey information collected and analyzed in 
2002 and evaluated by the Council and its SSC and AP committees at the 
end of 2002. The preferred alternative was chosen, rather than 
alternative one, because the TACs take into account the best and most 
recent information available regarding the status of the groundfish 
stocks, public testimony, and socio-economic concerns.
    In some cases, the interim specifications currently in effect are 
not sufficient to allow directed fisheries to continue, resulting in 
unnecessary closures and disruption within the fishing industry. This 
action establishes the harvest specifications for the 2003 fisheries in 
the GOA. Hence, the action must be effective immediately to provide 
consistent, uninterrupted management and conservation of fishery 
resources and to allow the fishing industry to plan its fishing 
operations. Accordingly, the Assistant Administrator for Fisheries, 
NOAA, finds there is good cause under 5 U.S.C. 553(d)(3) to waive the 
30-day delay in the effective date.

    Authority: 16 U.S.C. 773 et seq. 16 U.S.C. 1801 et seq., and 
3631 et seq.

    Dated: February 24, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 03-4814 Filed 2-25-03; 3:57 pm]
BILLING CODE 3510-22-S