[Federal Register Volume 68, Number 234 (Friday, December 5, 2003)]
[Proposed Rules]
[Pages 68002-68014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30283]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 031125292-3292-01; I.D. 111703E]


Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of 
Alaska; Proposed 2004 Harvest Specifications for Groundfish

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

[[Page 68003]]


ACTION: Proposed 2004 harvest specifications for groundfish; request 
for comments.

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SUMMARY: NMFS proposes 2004 harvest specifications for groundfish, 
reserves and apportionment thereof, Pacific halibut prohibited species 
catch (PSC) limits, for the groundfish fishery of the Gulf of Alaska 
(GOA). This action is necessary to establish harvest limits for 
groundfish during the 2004 fishing year. 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: Comments must be received by January 5, 2004.

ADDRESSES: Comments must be sent to Sue Salveson, Assistant Regional 
Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, 
P.O. Box 21668, Juneau, AK 99802, Attn: Lori Durall, or delivered to 
room 401 of the Federal Building, 709 West 9th Street, Juneau, AK. 
Comments also may be sent via facsimile (fax) to 907-586-7557. Comments 
will not be accepted if submitted via e-mail or Internet.
    Copies of the final 2002 Stock Assessment and Fishery Evaluation 
(SAFE) reports, dated November 2002, are available from the North 
Pacific Fishery Management Council, West 4th Avenue, Suite 306, 
Anchorage, AK, 99510 or from its home page at http://www.fakr.noaa.gov/npfmc. Copies of the draft Environmental Assessment/Initial Regulatory 
Flexibility Analysis (EA/IRFA) prepared for this action are available 
from NMFS (see ADDRESSES) and comments must be received by January 5, 
2004.

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

SUPPLEMENTARY INFORMATION:

Background

    NMFS manages the groundfish fisheries in the exclusive economic 
zone off Alaska under the Fishery Management Plan (FMP) for Groundfish 
of the GOA. The North Pacific Fishery Management Council (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 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)(1) further require NMFS to publish 
annually, and solicit public comment on, proposed annual TACs, halibut 
PSC amounts, and seasonal allowances of pollock, and inshore/offshore 
Pacific cod. The proposed specifications set forth in Tables 1 through 
9 of this document satisfy these requirements. For 2004, the sum of the 
proposed TAC amounts is 277,797 mt. Under Sec.  679.20(c)(3), NMFS will 
publish the final specifications for 2004 after (1) considering 
comments received within the comment period (see DATES), (2) consulting 
with the Council at its December 2003 meeting, and (3) considering new 
information presented in the EA and the final 2003 SAFE reports 
prepared for the 2004 fisheries.
    Regulations at Sec.  679.20(c)(2)(i) provide that one-fourth of 
each proposed TAC and apportionment thereof (not including the reserves 
and the first seasonal allowances of pollock and Pacific cod), one-
fourth of the proposed halibut PSC amounts, and the proposed first 
seasonal allowances of pollock and Pacific cod will become effective 
0001 hours, Alaska local time (A.l.t.) January 1, 2004, on an interim 
basis and remain in effect until superseded by the final harvest 
specifications, which will be published in the Federal Register. 
Without interim specifications in effect on January 1, the groundfish 
fisheries would not be able to open on that date, which would result in 
disruption to the fishing industry. The interim harvest specifications 
will be published by NMFS in the Federal Register prior to January 1, 
2004.

Proposed Acceptable Biological Catch (ABC) and TAC Specifications

    The proposed ABC and TAC for each species or species group are 
based on the best available biological and socioeconomic information, 
including projected biomass trends, information on assumed distribution 
of stock biomass, and revised methods used to calculate stock biomass. 
The Council, its Advisory Panel (AP), and its Scientific and 
Statistical Committee (SSC) reviewed current biological and harvest 
information about the condition of groundfish stocks in the GOA in 
October 2003. Most of this information was initially compiled by the 
Council's GOA Plan Team (Plan Team) and is presented in the final 2002 
SAFE report for the GOA groundfish fisheries, dated November 2002. The 
Plan Team annually produces such a document as the first step in the 
process of specifying TACs. 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 the 
groundfish fisheries off Alaska. From these data and analyses, the Plan 
Team estimates an ABC for each species category. The 2002 SAFE report 
will be updated to include new information collected during 2003. 
Revised stock assessments will be made available by the Plan Team in 
November 2003 and will be included in the final 2003 SAFE report, which 
will be available in December 2003.
    Based on the recommendations from the SSC for overfishing levels 
(OFLs) and from the SSC and AP for ABCs, the Council recommended the 
OFLs and ABCs for stocks in tiers 3 and above, except for pollock, be 
based on biomass projections as set forth in the 2002 SAFE report and 
estimates of groundfish harvests through the 2003 fishing year. The 
Council recommended that OFL and ABC levels for those stocks in tiers 4 
and below, for which projections cannot be made, remain unchanged from 
2003 levels (Table 1).
    The SSC adopted the OFL and ABC recommendations from the Plan Team 
for all groundfish species. In the 2002 SAFE report, the ABC projection 
for 2004 is 65,400 mt for the combined Western, Central, and West 
Yakutat (W/C/WYK) GOA stock of pollock. The Plan Team did not endorse 
the ABC projection because the NMFS 2003 winter Shelikof survey 
estimates indicate that the biomass level is lower than projected and 
because it represents a substantial increase from the 2003 ABC. The 
Plan Team recommended that the 2003 ABC of 47,890 mt for the W/C/WYK 
pollock stock be rolled over in the proposed specifications given the 
apparent pessimistic survey results from the NMFS winter survey in the 
GOA. The SSC concurred with the pollock assessment recommendation that 
OFL and ABC levels be unchanged from 2003 levels until a formal stock 
assessment can be completed.
    As in 2003, the SSC's, AP's and Council's recommendation for the 
method of apportioning the sablefish ABC among management areas 
includes commercial fishery and 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

[[Page 68004]]

fishery data is 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 Council 
recommended that the TACs be adjusted downward from the ABCs by amounts 
equal to the 2004 guideline harvest levels (GHL) established for 
Pacific cod by the State of Alaska (State) for the state managed 
fisheries in the GOA. The effect of the State's GHL on the Pacific cod 
TAC is discussed in greater detail below. For 2004, NMFS proposes to 
establish an A season directed fishing allowance (DFA) for the Pacific 
cod fisheries in the GOA based on the management area TACs less the 
recent average A season incidental catch of Pacific cod in each 
management area before June 10 (see Sec.  679.20(d)(1)). The DFA and 
incidental catch before June 10 will be managed such that harvest in 
the A season will be no more than 60 percent of the annual TAC. 
Incidental catch taken after June 10 will continue to be taken from the 
B season TAC. NMFS believes that this action would better reflect the 
intention behind management measures analyzed in the 2001 Steller Sea 
Lion Protection Measures Supplemental Environmental Impact Statement to 
achieve temporal dispersion of the Pacific cod fisheries. NMFS believes 
that this action would reduce the likelihood of harvest exceeding 60 
percent of the annual TAC in the A season (January 1 through June 10). 
The Council will continue to explore and analyze management 
alternatives for the Pacific cod fisheries through its Steller Sea Lion 
Mitigation Committee and in the development of its Gulf Rationalization 
Plan.
    For 2004, the Councils recommended and NMFS proposed the ABCs 
listed in Table 1. These amounts reflect harvest amounts that are less 
than the specified overfishing amounts. The sum of 2004 ABCs for all 
assessed groundfish is 409,690 mt, which is lower than the 2003 ABC 
total of 416,600 mt.

Specification and Apportionment of TAC Amounts

    The Council adopted the AP's proposals for the 2004 GOA TAC 
amounts. The Council recommended TACs that are equal to ABCs for 
pollock, deep-water flatfish, rex sole, sablefish, shortraker and 
rougheye rockfish, northern rockfish, pelagic shelf rockfish, 
thornyhead rockfish, demersal shelf rockfish, and Atka mackerel. The 
Council-recommended TACs that are less than the ABCs for Pacific cod, 
flathead sole, shallow-water flatfish, arrowtooth flounder, Pacific 
ocean perch, and other rockfish.
    The apportionment of annual pollock TAC among 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 
divided into four equal seasonal apportionments. Twenty-five percent of 
the annual TAC in the Western and Central Regulatory Areas of the GOA 
is apportioned to each of 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) 
in Statistical Areas 610, 620, and 630 of the GOA (see Sec.  
679.23(d)(2)(i) through (iv) and Sec.  679.20(a)(5)(iii)(B)).
    The 2004 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 in 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 so that the TAC for 
(1) the Eastern GOA be lower than the ABC by 290 mt, (2) the Central 
GOA be lower than the ABC by 6,038 mt, and (3) the Western GOA be lower 
than the ABC by 4,662 mt. These amounts reflect the sum of State's 2004 
GHLs in these areas, which are 10 percent, 23 percent, and 25 percent 
of the Eastern, Central, and Western GOA ABCs, respectively.
    NMFS is also establishing seasonal apportionments of the annual 
Pacific cod TAC in the Western and Central Regulatory Areas at 60 
percent of the annual TAC to the A season for hook-and-line, pot or jig 
gear from January 1 through June 10 and for trawl gear from January 20 
through June 10; and at 40 percent of the annual TAC to the B season 
for hook-and-line, pot or jig gear from September 1 through December 31 
and for trawl gear from September 1 through November 1 (see Sec. Sec.  
679.23(d)(3) and 679.20(a)(11)). These seasonal apportionments of the 
annual Pacific cod TAC are discussed in greater detail below.
    The FMP specifies that the TAC for the ``other species'' category 
is calculated as 5 percent of the combined TAC amounts for target 
species. The 2004 GOA-wide ``other species'' TAC is 10,847 mt, which is 
5 percent of the sum of the combined TAC amounts (216,950 mt) for the 
assessed target species. The sum of the TACs for all GOA groundfish is 
227,797 mt, which is within the OY range specified by the FMP. The sum 
of the 2004 TACs is lower than the 2003 TAC sum of 236,440 mt. NMFS 
finds that the Council's recommendations for proposed 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. The proposed 2004 ABCs, TACs, and 
OFLs are shown in Table 1.
    In October 2003, the Council took final action on Amendment 63 to 
the GOA FMP. This action, if approved, would remove skates from the 
``other species'' assemblage in the GOA and establish OFL and ABC 
levels for skates on an annual basis. The EA/RIR/IRFA for Amendment 63 
is included in the EA/IRFA for the annual specifications and is 
available from NMFS (see ADDRESSES). The EA for Amendment 63 examines a 
range of alternatives for the management of skates in the GOA. The 
alternatives range from a single gulfwide OFL, ABC, and TAC for all 
skate species in the GOA to multiple OFLs, ABCs, and TACs by management 
area (the Western, Central, and Eastern GOA) and by skate species 
targeted in directed fisheries (big skate, longnose skate, and all 
other skate species). At its October meeting, the Council did not 
recommend specific amounts for the 2004 OFL, ABC, and TAC levels for 
skates in the GOA pending an updated skate assessment using the most 
recent data collected in 2003. The updated skate assessment will be 
included in the final 2003 SAFE report, which will not be available for 
the Council's consideration until December 2003. At that time, the 
Council will make final recommendations for skate OFL, ABC, and TAC 
amounts in the GOA for the 2004 fishing year. These will be

[[Page 68005]]

reflected in the final harvest specifications for the 2004 fishing 
year.

Table 1.--Proposed 2004 ABCs, TACs, and Overfishing Levels of Groundfish
  for the Western/Central/West Yakutat (W/C/WYK), Western (W), Central
    (C), Eastern (E) Regulatory Areas, and in the West Yakutat (WYK),
  Southeast Outside (SEO), and Gulf-Wide (GW) Districts of the Gulf of
                                 Alaska
             [Values are rounded to the nearest metric ton]
------------------------------------------------------------------------
         Species/Area \1\              ABC          TAC      Overfishing
------------------------------------------------------------------------
Pollock:\2\
    Shumagin (610)...............       16,788       16,788  ...........
    Chirikof (620)...............       19,685       19,685  ...........
    Kodiak (630).................       10,339       10,339  ...........
    WYK (640)....................        1,078        1,078  ...........
                                  --------------------------------------
          Subtotal: W/C/WYK......       47,890       47,890       90,900
    SEO (650)....................        6,460        6,460        8,610
                                  ======================================
          Total..................       54,350       54,350       99,510
Pacific cod:\3\
    W............................       18,649       13,987  ...........
    C............................       26,254       20,215  ...........
    E............................        2,897        2,607  ...........
                                  --------------------------------------
          Total..................       47,800       36,809       63,700
Flatfish \4\ (deep-water):
    W............................          180          180  ...........
    C............................        2,220        2,220  ...........
    WYK..........................        1,330        1,330  ...........
    SEO..........................        1,150        1,150  ...........
                                  --------------------------------------
          Total..................        4,880        4,880        6,430
Rex sole:
    W............................        1,280        1,280  ...........
    C............................        5,540        5,540  ...........
    WYK..........................        1,600        1,600  ...........
    SEO..........................        1,050        1,050  ...........
                                  --------------------------------------
          Total..................        9,470        9,470       12,320
Flathead sole:
    W............................       14,916        2,000  ...........
    C............................       18,914        5,000  ...........
    WYK..........................        2,634        2,634  ...........
    SEO..........................        1,136        1,136  ...........
                                  --------------------------------------
          Total..................       37,600       10,770       46,600
Flatfish \5\ (shallow-water):
    W............................       23,480        4,500  ...........
    C............................       21,740       13,000  ...........
    WYK..........................        1,160        1,160  ...........
    SEO..........................        2,960        2,960  ...........
                                  --------------------------------------
          Total..................       49,340       21,620       61,810
Arrowtooth flounder:
    W............................       18,670        8,000  ...........
    C............................      117,320       25,000  ...........
    WYK..........................       18,877        2,500  ...........
    SEO..........................        6,133        2,500  ...........
                                  --------------------------------------
          Total..................      161,000       38,000      188,300
Sablefish \6\
    W............................        1,968        1,968  ...........
    C............................        4,931        4,931  ...........
    WYK..........................        1,776        1,776  ...........
    SEO..........................        2,726        2,726  ...........
                                  --------------------------------------
          Subtotal E.............        4,502        4,502  ...........
                                  ======================================
          Total..................       11,400       11,400       16,500
Pacific \7\ ocean perch:
    W............................        2,728        2,700  ...........
    C............................        8,597        8,510  ...........
    WYK..........................          818          810  ...........
    SEO..........................        1,657        1,640  ...........
                                  --------------------------------------

[[Page 68006]]

 
          Subtotal E.............  ...........  ...........  ...........
                                  ======================================
          Total..................       13,800       13,660       16,400
Short raker/rougheye: \8\
    W............................          220          220  ...........
    C............................          840          840  ...........
    E............................          560          560
                                  --------------------------------------
          Total..................        1,620        1,620        2,340
Other rockfish 9,10
    W............................           90           90  ...........
    C............................          550          550  ...........
    WYK..........................          270          150  ...........
    SEO..........................        4,140          200  ...........
                                  --------------------------------------
          Total..................        5,050          990        6,610
Northern rockfish:10,12,15
    W............................          789          789  ...........
    C............................        4,111        4,111  ...........
    E............................          N/A          N/A  ...........
                                  --------------------------------------
          Total..................        4,900        4,900        5,800
Pelagic shelf rockfish:\13\
    W............................          510          510  ...........
    C............................        3,480        3,480  ...........
    WYK..........................          640          640  ...........
    SEO..........................          860          860  ...........
                                  --------------------------------------
          Total..................        5,490        5,490        8,220
Thornyhead rockfish:
    W............................          360          360  ...........
    C............................          840          840  ...........
    E............................          800          800  ...........
                                  --------------------------------------
          Total..................        2,000        2,000        3,050
Demersal self rockfish:\11\ SEO..          390          390          540
Atka mackerel: GW................          600          600        6,200
Other \14\ species:..............           GW          N/A       10,847
                                  --------------------------------------
      Total \16\.................      409,690      227,797     544,330
------------------------------------------------------------------------
\1\ Regulatory areas and districts are defined at Sec.   679.2.
\2\ Pollock is apportioned in the Western/Central Regulatory areas among
  three statistical areas. During the A season, the apportionment is
  based on an adjusted estimate of the relative distribution of pollock
  biomass at 25 percent, 56 percent, and 19 percent in Statistical Areas
  610, 620, and 630, respectively. During the B season, the
  apportionment is based on the relative distribution of pollock biomass
  at 25 percent, 66 percent, and 9 percent in Statistical Areas 610,
  620, and 630, respectively. During the C and D seasons, the
  apportionment is based on the relative distribution of pollock biomass
  at 47 percent, 23 percent, and 30 percent in Statistical Areas 610,
  620, and 630, respectively. These seasonal apportionments are shown in
  Table 3. In the West Yakutat and Southeast Outside Districts of the
  Eastern Regulatory Area, pollock is not divided into seasonal
  allowances.
\3\ The annual Pacific cod TAC is apportioned 60 percent to an A season
  and 40 percent to a B season in the Western and Central Regulatory
  Areas of the GOA. Pacific cod is allocated 90 percent for processing
  by the inshore component and 10 percent for processing by the offshore
  component. Seasonal apportionments and component allocations of TAC
  are shown in Table 4.
\4\ ``Deep water flatfish'' means Dover sole, Greenland turbot, and
  deepsea sole.
\5\ ``Shallow water flatfish'' means flatfish not including ``deep water
  flatfish,'' flathead sole, rex sole, or arrowtooth flounder.
\6\ Sablefish is allocated to trawl and hook-and-line gears (Table 2).
\7\ ``Pacific ocean perch'' means Sebastes alutus.
\8\ ``Shortraker/rougheye rockfish'' means Sebastes borealis
  (shortraker) and S. aleutianus (rougheye).
\9\ ``Other rockfish'' in the Western and Central Regulatory Areas and
  in the West Yakutat District means slope rockfish and demersal shelf
  rockfish. The category ``other rockfish'' in the Southeast Outside
  District means Slope rockfish.
\10\ ``Slope rockfish'' means Sebastes aurora (aurora), S. melanostomus
  (blackgill), S. paucispinis (bocaccio), S. goodei (chilipepper), S.
  crameri (darkblotch), S. elongatus (greenstriped), S. variegatus
  (harlequin), S. wilsoni (pygmy), S. babcocki (redbanded), S. proriger
  (redstripe), S. zacentrus (sharpchin), S. jordani (shortbelly), S.
  brevispinis (silvergrey), S. diploproa (splitnose), S. saxicola
  (stripetail), S. miniatus (vermilion), and S. reedi (yellowmouth). In
  the Eastern GOA only, ``slope rockfish'' also includes northern
  rockfish, S. polyspinous.
\11\ ``Demersal shelf rockfish'' means Sebastes pinniger (canary), S.
  nebulosus (china), S. caurinus (copper), S. maliger (quillback), S.
  helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus
  (yelloweye).
\12\ ``Northern rockfish'' means Sebastes polyspinis.
\13\ ``Pelagic shelf rockfish'' means Sebastes ciliatus (dusky), S.
  entomelas (widow), and S. flavidus (yellowtail).
\14\ ``Other species'' means sculpins, sharks, skates, squid, and
  octopus. The TAC for ``other species'' equals 5 percent of the TACs of
  assessed target species.
\15\ N/A means not applicable.
\16\ The total ABC and OFL is the sum of the ABCs and OFLs for assessed
  target species.


[[Page 68007]]

Proposed 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 (see 
Sec.  679.20(b)(2)). In 2003, NMFS reapportioned all of the reserves in 
the final harvest specifications. Between 1997 and 2000, NMFS retained 
the Pacific cod reserve to provide for a management buffer to account 
for excessive fishing effort and incomplete or late catch reporting. 
NMFS believes this is no longer necessary as estimates of catch and 
incidental catch needs in other directed fisheries have improved in 
recent years. For 2004, NMFS proposes apportionment of 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.

Proposed Allocations 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 Area, 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 Eastern 
Regulatory Area 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 that 5 percent of the combined 
Eastern GOA sablefish be allocated to trawl gear in the WYK District 
and the remainder to vessels using hook-and-line gear. In the SEO 
District, 100 percent of the sablefish TAC is allocated to vessels 
using hook-and-line gear. This recommendation results in an allocation 
of 225 mt to trawl gear and 1,551 mt to hook-and-line gear in the WYK 
District and 2,726 mt to hook-and-line gear in the SEO District. Table 
2 shows the allocations of the proposed 2004 sablefish TACs between 
hook-and-line gear and trawl gear.

   Table 2.--Proposed 2004 Sablefish TAC Specifications in the Gulf of
     Alaska and Allocations Thereof to Hook-and-Line and Trawl Gear
             [Values are rounded to the nearest metric ton]
------------------------------------------------------------------------
                                                 Hook-and-
          Area/District                TAC          line        Trawl
                                                 allocation   allocation
------------------------------------------------------------------------
Western..........................        1,968        1,574          394
Central..........................        4,931        3,945          986
West Yakutat.....................        1,776        1,551          225
Southeast Outside................        2,726        2,726            0
                                  --------------------------------------
      Total......................       11,400        9,796        1,605
------------------------------------------------------------------------

Proposed 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)(iii)(B), the annual pollock TAC 
specified for the Western and Central Regulatory Areas of the GOA is 
apportioned into four equal seasonal allowances of 25 percent. As 
established by Sec.  679.23(d)(2)(i) through (iv), the A, B, C, and D 
season allowances are available from January 20 through February 25, 
March 10 through May 31, August 25 through September 15, and 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 the distribution of pollock biomass as 
determined by the four most recent NMFS summer surveys. As in 2003, the 
Council 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. 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 Regional Administrator, Alaska Region, NMFS, provided 
that the sum of the revised seasonal allowances 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)(iii)(B)). For 2004, 30 
percent of the proposed 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 allocated seasonally.
    Regulations at Sec.  679.20(a)(6)(i) require that 100 percent 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 proposed seasonal biomass distribution of pollock in the 
Western and Central GOA, area apportionments, and seasonal allowances 
for the A, B, C, and D seasons are summarized in Table 3.

[[Page 68008]]



  Table 3.--Proposed Distribution of Pollock in the Central and Western Regulatory Areas of the Gulf of Alaska;
        Seasonal Biomass Distribution, Area Apportionments; and Seasonal Allowances of Annual TAC in 2004
                                 [Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
                                 Shumagin (Area 610)    Chirikof (Area     Kodiak (Area 630)
             Season                    (biomass          620) (biomass         (biomass         Total (biomass
                                    distribution)        distribution)       distribution)       distribution)
----------------------------------------------------------------------------------------------------------------
A..............................  2,894 (25%)          6,535 (56%)         2,274 (19%)         11,703 (100%)
B..............................  2,894 (25%)          7,778 (66%)         1,031 (9%)          11,703 (100%)
C..............................  5,500 (47%)          2,686 (23%)         3,517 (30%)         11,703 (100%)
D..............................  5,500 (47%)          2,686 (23%)         3,517 (30%)         11,703 (100%)
                                --------------------------------------------------------------------------------
      Annual Total.............  16,788               19,685              10,339              46,812
----------------------------------------------------------------------------------------------------------------

Proposed 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 is January 1 through June 10, and the B season is 
September 1 through December 31. For trawl gear, the A season is 
January 20 through June 10, and the B season is September 1 through 
November 1, (Sec.  679.23(d)(3)). After subtraction of incidental 
catch, 60 percent and 40 percent of the annual TAC will be available 
for harvest during the A and B seasons, respectively, and will be 
apportioned between the inshore and offshore processing components as 
provided in Sec.  679.20(a)(6)(ii). Between the A and the 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 dates for 
the A season and the B season Pacific cod fisheries differ from those 
of the A, B, C, and D seasons 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 may be subtracted from or added to the 
subsequent B season.
    Regulations at Sec.  679.20(a)(6)(ii) 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 allocations of the proposed 2004 
Pacific cod TAC are shown in Table 4.

Table 4.--Proposed 2004 Seasonal Apportionments and Allocation of Pacific cod TAC Amounts in the Gulf of Alaska;
                        Allocations for Processing by the Inshore and Offshore Components
                                 [Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
                                                                                          Component allocation
                                                                                       -------------------------
                 Season                           Regulatory area              TAC        Inshore      Offshore
                                                                                           (90%)        (10%)
----------------------------------------------------------------------------------------------------------------
                                          Western........................       13,987       12,588        1,399
A Season (60%)..........................  ...............................        8,392        7,553          839
B Season (40%)..........................  ...............................        5,595        5,035          560
                                          Central........................       20,215       18,193        2,022
A Season (60%)..........................  ...............................       12,129       10,916        1,213
B Season (40%)..........................  ...............................        8,086        7,277          809
                                          Eastern........................        2,607        2,346          261
                                                                          --------------------------------------
      Total.............................  ...............................       36,809       33,127        3,682
----------------------------------------------------------------------------------------------------------------

``Other Species'' TAC

    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 GOA-wide ``other species'' TAC is calculated as 
10,847 mt, which is 5 percent of the sum of combined TAC amounts for 
the target species. As discussed above, if Amendment 63 is approved, 
skates would be removed from the ``other species'' assemblage and the 
Council would recommend final OFL, ABC, and TAC amounts for skates and 
an adjusted TAC for the ``other species'' category for the 2004 fishing 
year in the final 2004 harvest specifications for groundfish in the 
GOA.

Proposed 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 October 2003, the Council

[[Page 68009]]

recommended to maintain the 2003 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 allocated to the demersal shelf rockfish 
(DSR) fishery in the Southeast Outside District and the remainder to 
the remaining hook-and-line fisheries. NMFS concurs with this 
recommendation. 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 because most vessels in 
the DSR fishery 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 gear soak times and duration 
of the DSR fishery. Also, the DSR fishery occurs in the winter when 
less overlap occurs in the distribution of DSR and halibut. If 
Amendment 63, which removes skates from the ``other species'' 
assemblage is approved, the Council, at its December 2003 meeting, may 
recommend a separate halibut PSC allowance for hook-and-line gear in 
the skates fishery for 2004.
    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 2004. The Council 
recommended these exemptions because the low halibut bycatch mortality 
experienced in the pot gear fisheries (4 mt in 2001, 2 mt in 2002, and 
14 mt in 2003), and because of the 1995 implementation of the sablefish 
and halibut Individual Fishing Quota (IFQ) program that requires legal-
sized 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. 
This provision results in reduced halibut discard in the sablefish 
fishery. 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 this gear type (336 mt in 2001, 277 mt in 2002, 
and 294 mt in 2003) and the assumed high survival rate of any halibut 
that are incidentally taken by jig gear and released. Because of these 
reasons, NMFS concurs with the Council's recommendations.
    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 final rule establishing the final 2003 groundfish and PSC 
specifications (68 FR 9924, March 3, 2003) summarizes Council and NMFS 
findings with respect to each of the FMP considerations set forth 
above. At this time, the Council's and NMFS' findings are unchanged 
from those set forth in 2003. Proposed Pacific halibut PSC limits, and 
apportionments thereof, are presented 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 next respective seasonal apportionment within the 2004 fishing 
year.

               Table 5.--Proposed 2004 Pacific Halibut PSC Limits, Allowances, and Apportionments
 [The Pacific halibut PSC limit for hook-and-line gear is allocated to the demersal shelf rockfish (DSR) fishery
and fisheries other than DSR. The hook-and-line sablefish fishery is exempt from halibut PSC limits. (Values are
                                                in metric tons)]
----------------------------------------------------------------------------------------------------------------
                  Trawl gear                                           Hook-and-line gear
----------------------------------------------------------------------------------------------------------------
                                                         Other than DSR                        DSR
            Dates                   Amount     -----------------------------------------------------------------
                                                     Dates           Amount           Dates           Amount
----------------------------------------------------------------------------------------------------------------
January 20-April 1...........      550 (27.5%)  January 1-June        250 (86%)  January-Decembe       10 (100%)
                                                 10.                              r 31.
April 1-July 4...............        400 (20%)  June 10-                 5 (2%)                   ..............
                                                 September 1.
July 4-September 1...........        600 (30%)  September 1 -          35 (12%)                   ..............
                                                 December 31.
September 1-October 1........       150 (7.5%)                   ..............                   ..............
October 1-December 31........        300 (15%)                   ..............                   ..............
                              -----------------                 ----------------                 ---------------
Total........................     2,000 (100%)                       290 (100%)                        10 (100%)
----------------------------------------------------------------------------------------------------------------

    Regulations at Sec.  679.21(d)(3)(ii) authorize apportionments of 
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 a 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: deep-water species complex, comprised of sablefish, 
rockfish, deep-water flatfish, rex sole and arrowtooth flounder; and 
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 proposed apportionment for 
these two fishery complexes is presented in Table 6.

[[Page 68010]]



   Table 6.--Proposed 2004 Apportionment of Pacific Halibut PSC Trawl
Limits Between the Trawl Gear Deep-Water Species Complex and the Shallow-
                          Water Species Complex
                       [Values are in metric tons]
------------------------------------------------------------------------
                                     Shallow-
              Season                  water      Deep-water     Total
------------------------------------------------------------------------
January 20-April 1...............          450          100          550
April 1-July 4...................          100          300          400
July 4-September 1...............          200          400          600
September 1-October 1............          150        (\1\)          150
Subtotal:
                                  --------------------------
January 20-October 1.............          900          800        1,700
October 1-December 31............  ...........  ...........          300
                                                            ------------
            Total................  ...........  ...........       2,000
------------------------------------------------------------------------
\1\ No apportionment between shallow-water and deep-water fishery
  complexes during the 5th season (October 1-December 31).

    Based on public comment and information contained in the final 2003 
SAFE report, which will be available in December 2003, the Council may 
recommend, or NMFS may make, some changes in the seasonal, gear-type, 
and fishing-complex apportionments of halibut PSC limits for the final 
2004 harvest specifications. NMFS will consider the following types of 
information in setting final halibut PSC limits.

(A) Estimated Halibut Bycatch in Prior Years

    The best available information on estimated halibut bycatch is data 
collected by observers during 2003. The calculated halibut bycatch 
mortality by trawl, hook-and-line, and pot gear through October 11, 
2003, is 1,915 mt, 294 mt, and 14 mt, respectively, for a total halibut 
mortality of 2,223 mt.
    Halibut bycatch restrictions seasonally constrained trawl and hook-
and-line gear fisheries during the 2003 fishing year. Trawling was 
closed during the second season for the shallow-water complex on June 
19 (68 FR 37094, June 23, 2003), during the fourth season for the 
shallow-water complex on September 12 (68 FR 54395, September 17, 
2003), during the second season for the deep-water fishery complex on 
May 16 (68 FR 27479, May 20, 2003), and during the fifth season for all 
trawling on October 15 (68 FR 59889, October 20, 2003). The use of 
hook-and-line gear for groundfish other than DSR and sablefish closed 
during the second season on August 1 (68 FR 46502, August 6, 2003) and 
for the remainder of the year on September 28 (68 FR 56788, October 2, 
2003).
    The amount of the groundfish TACs that vessels using trawl gear 
might have harvested if halibut catch limitations had not restricted 
the season in 2003 is unknown.

(B) Expected Changes in Groundfish Stocks

    Proposed 2004 ABCs for arrowtooth flounder and Pacific ocean perch 
are higher than those established for 2003. Proposed 2004 ABCs are 
lower for Pacific cod, flathead sole, sablefish, and northern rockfish 
than those established for 2003. Proposed 2004 ABC levels for the 
remaining target species are unchanged from 2003. More information on 
these changes is included in the final SAFE report (November 2002) and 
in the Council and SSC October 2003 meeting minutes.

(C) Expected Changes in Groundfish Catch

    The total of the proposed 2004 TACs for the GOA is 227,797 mt, a 
decrease of 3.7 percent from the 2003 TAC total of 236,440 mt. Those 
fisheries for which the 2004 TACs are lower than in 2003 are Pacific 
cod (decreased to 36,809 mt from 40,540 mt), flathead sole (decreased 
to 10,770 mt from 11,150 mt), sablefish (decreased to 11,400 mt from 
14,890 mt), northern rockfish (decreased to 4,900 mt from 5,530 mt), 
and ``other species'' (decreased to 10,847 mt from 11,260 mt). There 
are no species for which the proposed 2004 TACs are higher than in 
2003.

(D) Current Estimates of Halibut Biomass and Stock Condition

    The International Pacific Halibut Commission (IPHC) conducted the 
most recent halibut stock assessment in December 2002. The halibut 
resource is considered to be healthy, with total catch near record 
levels. The current exploitable halibut biomass for 2003 is estimated 
to be 263,086 mt. This is similar to the estimate of 273,950 mt in 
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) for Alaska in 2003, the same as in 
2002. Through December 31, 2002, commercial hook-and-line harvests of 
halibut in Alaska total 37,219 mt (round weight).
    At its January 2003 meeting, IPHC staff reported on the assessment 
of the halibut stock in 2002. There were some significant technological 
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 portion of the halibut range. Analyses were conducted for the 
2002 assessment to ensure that the stock is not being overharvested. 
However, the IPHC staff intends to resolve these technical issues with 
the assessment in 2003. 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 
assessment may 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

[[Page 68011]]

counterbalancing, IPHC staff intend to complete their investigations 
before recommending any changes to the 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 (December 2002), available from the IPHC on 
its Web site at http:///www.iphc.washington.edu/hal.com. IPHC will 
consider the 2003 Pacific halibut stock assessment for 2004 at its 
January 2004 annual meeting when it sets the 2004 commercial halibut 
fishery quotas.

(E) Other Factors

    The allowable commercial catch of halibut will be adjusted to 
account for the overall halibut PSC mortality limit established for 
groundfish fisheries. The 2004 groundfish fisheries are expected to use 
the entire proposed halibut PSC limit of 2,300 mt. The allowable 
directed commercial catch is determined by accounting for the 
recreational and subsistence catch, waste, and bycatch mortality and 
then providing the remainder to the directed fishery. Groundfish 
fishing is not expected to adversely affect the halibut stocks.
    Methods available for reducing halibut bycatch include:
    (1) Reducing halibut bycatch rates through the Vessel Incentive 
Program (described below); (2) publication of individual vessel bycatch 
rates on the NMFS Alaska Region home page at www.fakr.noaa.gov; (3) 
modifications to gear; (4) changes in groundfish fishing seasons; (5) 
individual transferable quota programs; and (6) time/area closures.
    Reductions in groundfish TAC amounts provide no incentive for 
fishermen to reduce bycatch rates. Costs that would be imposed on 
fishermen as a result of reducing TAC amounts depend on the species and 
amounts of groundfish foregone.
    Trawl vessels carrying observers for purposes of complying with 
observer coverage requirements (Sec.  679.50) are subject to the Vessel 
Incentive Program. This program encourages trawl fishermen to avoid 
high halibut bycatch rates while conducting groundfish fisheries by 
specifying bycatch rate standards for various target fisheries.
    Current regulations (see Sec.  679.2 Authorized fishing gear, 
number 12) specify requirements for biodegradable panels and tunnel 
openings for groundfish pots to reduce halibut bycatch. As a result, 
low bycatch and mortality rates of halibut in pot fisheries have 
justified exempting pot gear from PSC limits.
    The regulations also define pelagic trawl gear in a manner intended 
to reduce bycatch of halibut by displacing fishing effort off the 
bottom of the sea floor when certain halibut bycatch levels are reached 
during the fishing year. The definition provides standards for physical 
conformation (Sec.  679.2, see Authorized fishing gear number (11)) and 
performance of the trawl gear in terms of crab bycatch (Sec.  
679.7(a)(14)). Furthermore, all hook-and-line vessel operators are 
required to employ careful release measures when handling halibut 
bycatch (Sec.  679.7(a)(13)). These measures are intended to reduce 
handling mortality, thereby lowering overall halibut bycatch mortality 
in the groundfish fisheries, and to increase the amount of groundfish 
harvested under the available halibut mortality bycatch limits.
    NMFS and the Council will review the methods available for reducing 
halibut bycatch listed here to determine their effectiveness, and will 
initiate changes, as necessary, in response to this review or to public 
testimony and comment.

Halibut Discard Mortality Rates

    The Council recommended that the recommended halibut discard 
mortality rates (DMRs) developed by the staff of the IPHC for the 2003 
GOA groundfish fisheries be used to monitor halibut bycatch mortality 
limits established for the 2004 GOA groundfish fisheries. NMFS concurs 
with this recommendation. The IPHC recommended use of long-term average 
DMRs for the 2001-2003 groundfish fisheries. The IPHC also recommended 
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 IPHC's assumed 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 rate of 
halibut caught in trawl, hook-and-line, and pot gear Pacific cod 
fisheries were recommended as a default rate. The DMRs proposed for 
2004 are unchanged from those used in 2003 in the GOA. The proposed 
DMRs for hook-and-line targeted fisheries range from 8 to 24 percent. 
The proposed DMRs for trawl targeted fisheries range from 58 to 72 
percent. The proposed DMRs for all pot targeted fisheries is 14 
percent. The proposed 2004 DMRs are listed in Table 7. The 
justification for these proposed DMRs is discussed in Appendix A of the 
final SAFE report dated November 2002.

   Table 7.--Proposed 2004 Pacific Halibut Discard Mortality Rates for
                  Vessels Fishing in the Gulf of Alaska
    [Listed values are percent of halibut bycatch assumed to be dead]
------------------------------------------------------------------------
                                                               Mortality
                         Gear/Target                              rate
------------------------------------------------------------------------
Hook-and-line:
  Pacific cod................................................         14
  Rockfish...................................................          8
  Other species..............................................         14
  Sablefish..................................................         24
Trawl:
  Pelagic pollock............................................         72
  Rockfish...................................................         69
  Shallow-water flatfish.....................................         69
  Pacific cod................................................         61
  Deep-water flatfish........................................         60
  Flathead sole..............................................         58
  Rex sole...................................................         61
  Non pelagic pollock........................................         61
  Arrowtooth flounder........................................         62
  Atka mackerel..............................................         70
  Sablefish..................................................         66
  Other species..............................................         61
Pot:
  Pacific cod................................................         14
  Other species..............................................         14
------------------------------------------------------------------------

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

    One of the provisions implemented by AFA regulations was to place 
groundfish harvesting and processing limitations, also called 
sideboards, on AFA catcher/processors and catcher vessels in the GOA. 
These limitations are considered necessary for fishermen and processors 
who have received exclusive harvesting and processing privileges under 
the AFA to protect the interests of fishermen and processors who have 
not directly benefitted from the AFA. Under the AFA regulations, AFA 
catcher/processors (Sec.  679.4 (l)(2)(i)) are prohibited from fishing 
for any species of fish (Sec.  679.7(k)(1)(ii)) and from processing any 
groundfish harvested in Statistical Area 630 of the GOA (Sec.  
679.7(k)(1)(iv)). The Council recommended that certain AFA catcher 
vessels in the GOA be exempt from groundfish harvest limitations. 
Exempted AFA catcher vessels in the GOA are those less than 125 ft 
(38.1 m) LOA whose annual Bering Sea and

[[Page 68012]]

Aleutian Islands management area (BSAI) pollock landings totaled less 
than 5,100 mt and that made 40 or more GOA groundfish landings from 
1995 through 1997 (Sec.  679.64(b)(2)(ii)).
    For non-exempt AFA catcher vessels in the GOA, harvest limitations 
are based on their traditional harvest levels of TAC in groundfish 
fisheries covered by the GOA FMP. The amounts of the groundfish harvest 
limits in the GOA are based 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 harvests 
of sideboard species made by non-exempt AFA catcher vessels, whether as 
targeted catch or bycatch, will be deducted from the sideboard limits 
in Table 8.

  Table 8.--Proposed 2004 GOA Non-Exempt American Fisheries Act Catcher
          Vessel (CV) Groundfish Harvest Sideboard Limitations
                       [Values are in metric tons]
------------------------------------------------------------------------
                                     Ratio of
                                    1995-1997                 2004 non-
    Species/apportionments and      non-exempt                exempt AFA
   allocations by area-season-        AFA CV      2004 TAC     catcher
          processor-gear             catch to                   vessel
                                    1995-1997                 sideboard
                                       TAC
------------------------------------------------------------------------
Pollock:
    A Season (W/C areas only)
     January 20-February 25:
        Shumagin (610)...........       0.6112        2,894        1,769
        Chirikof (620)...........       0.1427        6,535          933
        Kodiak (630).............       0.2438        2,274          554
    B Season (W/C areas only)
     March 10-June 1:
        Shumagin (610)...........       0.6112        2,894        1,769
        Chirikof (620)...........       0.1427        7,778        1,110
        Kodiak (630).............       0.2438        1,031          251
    C Season (W/C areas only)
     August 25-September 15:
        Shumagin (610)...........       0.6112        5,500        3,362
        Chirikof (620)...........       0.1427        2,686          383
        Kodiak (630).............       0.2438        3,517          857
    D Season (W/C areas only)
     October 1-November 1:
        Shumagin (610)...........       0.6112        5,550        3,362
        Chirikof (620)...........       0.1427        2,686          383
        Kodiak (630).............       0.2438        3,517          857
    Annual:
        WYK (640)................       0.3499        1,078          377
        SEO (650)................       0.3499        6,460        2,260
Pacific cod:
    A Season \1\, January 1-June
     10:
        W inshore................       0.1423        7,553        1,075
        W offshore...............       0.1026          839           86
        C inshore................       0.0722       10,916          788
        C offshore...............       0.0721        1,213           87
    B Season \2\, September 1-
     December 31:
        W inshore................       0.1423        5,035          716
        W offshore...............       0.1026          560           57
        C inshore................       0.0722        7,277          525
        C offshore...............       0.0721          809           58
    Annual:
        E inshore................       0.0079        2,346           19
        E offshore...............       0.0078          261            2
Flatfish deep-water:
    W............................       0.0000          180            0
    C............................       0.0670        2,220          149
    E............................       0.0171        2,480           42
Rex sole:
    W............................       0.0010        1,280            1
    C............................       0.0402        5,540          223
    E............................       0.0153        2,650           41
Flathead sole :
    W............................       0.0036        2,000            7
    C............................       0.0261        5,000          131
    E............................       0.0048        3,770           18
Flatfish shallow-water:
    W............................       0.0156        4,500           70
    C............................       0.0598       13,000          777
    E............................       0.0126        4,120           52
Arrowtooth flounder:
    W............................       0.0021        8,000           17
    C............................       0.0309       25,000          773
    E............................       0.0020        5,000           10

[[Page 68013]]

 
Sablefish:
    W trawl gear.................       0.0000          394            0
    C trawl gear.................       0.0720          986           71
    E trawl gear.................       0.0488          225           11
Pacific ocean perch:
    W............................       0.0623        2,700          168
    C............................       0.0866        8,510          737
    E............................       0.0466        2,450          114
Shortraker/Rougheye
    W............................       0.0000          220            0
    C............................       0.0237          840           20
    E............................       0.0124          560            7
Other rockfish:
    W............................       0.0034           90            0
    C............................       0.2065          550          114
    E............................       0.0000          350            0
Northern rockfish:
    W............................       0.0003          789            0
    C............................       0.0336        4,111          150
Pelagic shelf rockfish:
    W............................       0.0001          510            0
    C............................       0.0000        3,480            0
    E............................       0.0067        1,500           10
Thornyhead rockfish:
    W............................       0.0308          360           11
    C............................       0.0308          840           26
    E............................       0.0308          800           25
Demersal shelf rockfish: SEO.....       0.0020          390            1
Atka mackerel: Gulfwide..........       0.0309          600           19
Other species: Gulfwide..........       0.0090       10,847          98
------------------------------------------------------------------------
\1\ The Pacific cod A season for trawl gear does not open until January
  20.
\2\ The Pacific cod B season for trawl gear closes November 1.

    PSC bycatch limits for non-exempt AFA catcher vessels in the GOA 
are based on 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.

               Table 9.--Proposed 2004 Non-Exempt American Fisheries Act Catcher Vessel Prohibited Species Catch (PSC) Limits for the GOA
                                                               [Values are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                  Ratio of 1995-
                                                                                                                     1997 non-                2004 non-
                                                                                                                   exempt AFA CV   2004 PSC   exempt AFA
             PSC species/Season                                         Target fishery                            retained catch    limit      catcher
                                                                                                                     to total                 vessel PSC
                                                                                                                  retained catch                limit
--------------------------------------------------------------------------------------------------------------------------------------------------------
Halibut (mortality in mt):
    Trawl 1st Seasonal Allowance............  Shallow water targets.............................................           0.340        450          153
    January 20-April 1......................  Deep water targets................................................           0.070        100            7
    Trawl 2nd Seasonal Allowance............  Shallow water targets.............................................           0.340        100           34
    April 1-July 4..........................  Deep water targets................................................           0.070        300           21
    Trawl 3rd Seasonal Allowance............  Shallow water targets.............................................           0.340        200           68
    July 4-September 1......................  Deep water targets................................................           0.070        400           38
    Trawl 4th Seasonal Allowance............  Shallow water targets.............................................           0.340        150           51
    September 1-October 1...................  Deep water targets................................................           0.070          0            0
    Trawl 5th Seasonal Allowance............  All targets.......................................................           0.205        300           61
    October 1-December 31...................  ......do..........................................................           0.205        300           61
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 68014]]

Classification

    This action is authorized under 50 CFR 679.20 and is exempt from 
review under Executive Order 12866.
    NMFS prepared an IRFA for this action in accordance with the 
provisions of the Regulatory Flexibility Act (RFA) of 1980, as amended 
by the Small Business Regulatory Enforcement Fairness Act of 1996 (5 
U.S.C. Section 603(b)). A copy of this analysis is available from the 
Council (see ADDRESSES). This IRFA evaluates the effects of the 
proposed action on regulated small entities. The reasons for the 
action, a statement of the objectives of the action, and the legal 
basis for the proposed rule, are discussed earlier in the preamble.
    The small entities affected by this action are those that 
commercially harvest groundfish under the GOA FMP. Data in the IRFA 
indicates that 1,115 catcher vessels and 21 catcher-processors may be 
``small entities'' under the terms of the RFA.
    Using the sectoral first wholesale gross revenue changes as an 
index the preferred alternative seems to have adverse impacts in the 
GOA sablefish and Pacific cod sectors. There do not appear to be other 
adverse impacts associated with the preferred alternative. The model 
suggests that there will be revenue reductions for flathead sole, 
rockfish, and other species. However, as reported in the IRFA, the 
projected revenue reductions for these species appear to be relatively 
small percentages of the prior year (2003) gross revenue estimates. 
Given the large confidence intervals believed to be associated with 
these estimates, these are thought to be minor impacts.
    Harvest records indicate that 498 vessels harvested sablefish in 
the GOA in excess of the minimum harvest threshold adopted to select 
vessels for the analysis. Of these, 482 were small entities, with 
revenues under the $3.5 million gross revenues threshold used by the 
Small Business Administration (SBA) for catcher vessels. These small 
vessels harvested about 12,395 mt of sablefish in all their sablefish 
fisheries (some of this tonnage may have come from operations in the 
BSAI). Another 56 vessels harvested amounts of sablefish below the 
minimum harvest threshold; these vessels only harvested a total of 
about 10 mt of sablefish. The 482 small vessels above the threshold 
averaged about $439,000 in all their fisheries (groundfish, crab, 
scallops, salmon and herring) in Alaska, and about $121,000 from all 
their sablefish in Alaska. If the small entity revenue reduction is 
proportionate to the overall first wholesale ``index'' reduction in the 
area, and if the small entities catch all of their sablefish in the 
GOA, the small entity revenue reduction would be about $28,000. This 
would be about 23.4 percent of their sablefish revenues, and about 6.5 
percent of their overall revenues.
    Harvest records indicate that 578 vessels harvested Pacific cod in 
the GOA in excess of the minimum harvest criterion adopted to select 
vessels for the analysis. Of these, 562 were small entities according 
to the $3.5 million in gross revenues criteria used by the SBA for 
catcher vessels. These small vessels harvested about 51,000 mt of 
Pacific cod in all their Pacific cod fisheries (some of these revenues 
may have come from operations in the BSAI). Another 263 vessels 
harvested amounts of Pacific cod below the minimum harvest threshold; 
these vessels only harvested a total of about 40 mt of Pacific cod. The 
562 vessels above the threshold averaged about $331,000 in all their 
fisheries (groundfish, crab, scallops, salmon and herring) in Alaska, 
and about $98,000 from all their Pacific cod in Alaska. If the small 
entity revenue reduction is proportionate to the overall first 
wholesale ``index'' reduction in the area, and if the small entities 
catch all of their Pacific cod in the GOA, the small entity revenue 
reduction would be about $9,000. This would be about 9.2 percent of 
their Pacific cod revenues, and about 2.7 percent of their overall 
revenues.
    The preferred alternative was compared to the four other 
alternatives evaluated during the specifications process. These 
alternatives are defined by TACs set so as to generate different 
harvest rates (F values). Alternative 1 sets TAC to generate the 
harvest rate associated with the maximum ABC for each species, 
Alternative 2 is the preferred alternative, Alternative 3 sets TACs to 
generate fishing rates that are half those of Alternative 1, 
Alternative 4 sets TACs to generate fishing rates equal to the most 
recent five year average rates, and Alternative 5 sets TACs equal to 
zero. Only Alternative 1 had a smaller adverse impact on small entities 
than the preferred alternative. However, Alternative 1 would have 
increased sablefish and Pacific cod harvests and would have failed to 
meet the objective of protecting the long run health of these stocks.
    The action does not impose new recordkeeping or reporting 
requirements on small entities. The analysis did not reveal any Federal 
rules that duplicate, overlap or conflict with the proposed action.

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

    Dated: December 1, 2003.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 03-30283 Filed 12-4-03; 8:45 am]
BILLING CODE 3510-22-P