[Federal Register Volume 69, Number 39 (Friday, February 27, 2004)]
[Unknown Section]
[Pages 9242-9261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4369]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 031124287-4060-02; I.D. 111703C]


Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea 
and Aleutian Islands; Final 2004 Harvest Specifications for Groundfish

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

ACTION: Final 2004 harvest specifications for groundfish; apportionment 
of reserves; closures.

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SUMMARY: NMFS announces final 2004 harvest specifications and 
prohibited species catch (PSC) allowances for the groundfish fishery of 
the Bering Sea and Aleutian Islands management area (BSAI). This action 
is necessary to establish harvest limits for groundfish during the 2004 
fishing year and to accomplish the goals and objectives of the Fishery 
Management Plan for the Groundfish Fishery of the Bering Sea and 
Aleutian Islands Management Area (FMP). The intended effect of this 
action is to conserve and manage the groundfish resources in the BSAI.

DATES: The final 2004 harvest specifications and associated 
apportionment of reserves are effective at 1200 hrs, Alaska local time 
(A.l.t.), February 27, 2004, through 2400 hrs, A.l.t., December 31, 
2004.

ADDRESSES: Copies of the Final Environmental Assessment (EA) and Final 
Regulatory Flexibility Analysis (FRFA) prepared for this action are 
available from Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-
1668, Attn: Lori Durall. The Final 2003 Stock Assessment and Fishery 
Evaluation (SAFE) report, dated November 2003, are available from the 
North Pacific Fishery Management Council, West 4th Avenue, Suite 306, 
Anchorage, AK 99510-2252 (907-271-2809) or from its Home page at http://www.fakr.noaa.gov/npfmc.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228 or e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Federal regulations at 50 CFR part 679 that implement the FMP 
govern the groundfish fisheries in the BSAI. The Council prepared the 
FMP and NMFS approved it under the Magnuson-Stevens Fishery 
Conservation and Management Act. General regulations governing U.S. 
fisheries also appear at 50 CFR part 600.
    The FMP and its implementing regulations require NMFS, after 
consultation with the Council, to specify annually the total allowable 
catch (TAC) for each target species and for the ``other species'' 
category, the sum of which must be within the optimum yield range of 
1.4 million to 2.0 million metric tons (mt) (see Sec.  
679.20(a)(1)(i)). Also specified are apportionments of TACs, and 
Community Development Quota (CDQ) reserve amounts, PSC allowances, and 
prohibited species quota (PSQ) reserve amounts. Regulations at Sec.  
679.20(c)(3) further require NMFS to consider public comment on the 
proposed annual TACs and apportionments thereof and the proposed PSC 
allowances, and to publish final specifications in the Federal 
Register. The final specifications set forth in Tables 1 through 17 of 
this action satisfy these requirements. For 2004, the sum of TACs is 2 
million mt.
    The proposed BSAI groundfish specifications and PSC allowances for 
the groundfish fishery of the BSAI were published in the Federal 
Register on December 3, 2003 (68 FR 67642). Comments were invited and 
accepted through January 2, 2004. NMFS received one letter of comment 
on the proposed specifications. This letter of comment is summarized 
and responded to in the Response to Comments section. NMFS consulted 
with the Council during the December 2003 Council meeting in Anchorage, 
AK. After considering public comments, as well as biological and 
economic data that were available at the Council's December meeting, 
NMFS is implementing the final 2004 groundfish harvest specifications 
as recommended by the Council.
    Regulations at Sec.  679.20(c)(2)(ii) establish the interim amounts 
of each proposed initial TAC (ITAC) and allocations thereof, of each 
CDQ reserve established by Sec.  679.20(b)(1)(iii), and of the proposed 
PSC allowances and PSQ reserves established by 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 2004 
groundfish harvest specifications in the Federal Register on December 
8, 2003 (68 FR 68265). Regulations at Sec.  679.20(c)(2)(ii) do not 
provide for an interim specification for either the hook-and-line or 
pot gear sablefish CDQ reserve or for sablefish managed under the 
Individual Fishing Quota (IFQ) management plan. The final 2004 
groundfish harvest specifications, PSC allowances and PSQ reserves 
contained in this action supersede the interim 2004 groundfish harvest 
specifications.

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 technical methods used to 
calculate stock biomass. In general, the development of ABCs and 
overfishing levels (OFLs) involves sophisticated statistical analyses 
of fish populations and is

[[Page 9243]]

based on a successive series of 6 levels, or tiers, of reliable 
information available to fishery scientists. Tier one represents the 
highest level of information and tier six the lowest level of 
information available.
    In December 2003, the Scientific and Statistical Committee (SSC), 
Advisory Panel (AP), and Council reviewed current biological 
information about the condition of groundfish stocks in the BSAI. This 
information was compiled by the Council's Plan Team and is presented in 
the final 2003 SAFE report for the BSAI groundfish fisheries, dated 
November 2003. The SAFE report contains a review of the latest 
scientific analyses and estimates of each species' biomass and other 
biological parameters, as well as summaries of the available 
information on the BSAI ecosystem and the economic condition of 
groundfish fisheries off Alaska. From these data and analyses, the Plan 
Team estimates an ABC for each species or species category.
    In December 2003, the SSC, AP, and Council reviewed the Plan Team's 
recommendations. Except for Bogoslof pollock, northern rockfish, and 
the ``other species'' category, the SSC, AP, and Council endorsed the 
Plan Team's ABC recommendations. For 2004, shortraker and rougheye 
rockfish will be managed as separate species with OFLs, ABCs and TACs 
at the BSAI-wide management area. For northern rockfish, the SSC 
recommended a BSAI-wide ABC instead of separate ABCs for the Bering Sea 
subarea and the Aleutian Islands subarea based on the limited genetic 
evidence to support separate stocks by subarea. For Bogoslof pollock, 
the SSC recommended using a procedure that reduces the ABC 
proportionately to the ratio of current stock biomass to target stock 
biomass. For ``other species'', the SSC recommended using tier 6 
management for the sharks and octopus species, which calculated lower 
ABCs, instead of the Plan Team recommended tier 5 management. The Plan 
Team also recommended separate OFLs and ABCs for the species in the 
``other species'' category, however, the current FMP specifies 
management at the group level. For the 6th year, the SSC recommended a 
procedure that moves gradually to a higher ABC for ``other species'' 
over a 10-year period instead of a large increase in one year. For all 
species, the AP endorsed the ABCs recommended by the SSC, and the 
Council adopted them.
    The final TAC recommendations were based on the ABCs as adjusted 
for other biological and socio-economic considerations, including 
maintaining the total TAC within the required optimum yield (OY) range 
of 1.4 million to 2.0 million mt. The Council adopted the AP's TAC 
recommendations, except for pollock in the Bering Sea subarea and 
Aleutian Islands subarea, Pacific cod and the ``other 
species''category. The Council increased the Bering Sea subarea pollock 
TAC by 240 mt, the Pacific cod TAC by 500 mt, the ``other species'' TAC 
by 500 mt and decreased the Aleutian Islands subarea pollock TAC by 
1,240 mt. None of the Council's recommended TACs for 2004 exceed the 
final ABC for any species category. NMFS finds that the recommended 
OFLs, ABCs, and TACs are consistent with the biological condition of 
groundfish stocks as described in the 2003 SAFE report that was 
approved by the Council.

Changes From the Proposed 2004 Harvest Specifications in the BSAI

    In October 2003 the Council's recommendations for the proposed 2004 
harvest specifications (68 FR 67642, December 3, 2003) were based 
largely upon information contained in the final 2002 SAFE report for 
the BSAI groundfish fisheries, dated November 2002. The Council 
recommended that OFLs and ABCs for stocks in tiers 3 and above be based 
on biomass projections as set forth in the 2002 SAFE report and 
estimates of groundfish harvests through the 2003 fishing year. For 
stocks in tiers 4 and below, for which projections could not be made, 
the Council recommended that OFL and ABC levels be unchanged from 2003 
until the final 2003 SAFE report could be completed. The final 2003 
SAFE report (dated November 2003), which was not available when the 
Council made its recommendations in October 2003, contains the best and 
most recent scientific information on the condition of the groundfish 
stocks and was considered in December by the Council in making its 
recommendations for the final 2004 harvest specifications. Based on the 
final 2003 SAFE report, the sum of the 2004 recommended final TACs for 
the BSAI (2,000,000 mt) is greater by 1,557 mt than the sum of the 
proposed TACs (1,998,443 mt). This represents a .08-percent increase 
overall. Those fisheries for which the final 2004 TACs are lower than 
the proposed 2004 TAC are rock sole (decreased to 41,000 mt from 44,000 
mt), greenland turbot (decreased to 3,500 mt from 4,000 mt), flathead 
sole (decreased to 19,000 mt from 20,000 mt), Pacific ocean perch 
(decreased to 12,580 mt from 13,932 mt), northern rockfish (decreased 
to 5,000 mt from 6,000 mt), ``other rockfish'' (decreased to 1,094 mt 
from 1,594 mt), squid (decreased to 1,275 mt from 1,970 mt), and 
``other species'' (decreased to 27,205 mt from 32,309 mt). Those 
species for which the final 2004 TACs are higher than the proposed 2004 
TAC are pollock (increased to 1,493,050 from 1,492,810 mt), Pacific cod 
(increased to 215,500 mt from 207,500 mt), sablefish (increased to 
6,000 mt from 5,500 mt), Atka mackerel (increased to 63,000 mt from 
59,111 mt), yellowfin sole (increased to 86,075 mt from 83,750 mt). 
Also, the Zone 1 red king crab limit increased to 197,000 crab from 
97,000 crab. As mentioned in the 2004 proposed specifications, NMFS is 
separating the shortraker and rougheye rockfish group and apportioning 
the amounts shown in Table 2 from the non-specified reserve to increase 
several target species.
    The 2004 final TAC recommendations for the BSAI are within the OY 
range established for the BSAI and do not exceed ABCs for any single 
species/complexes. Compared to the proposed 2004 harvest 
specifications, the Council's final 2004 TAC recommendations increase 
fishing opportunities for species for which the Council had sufficient 
information to raise TAC levels, most notably, pollock, Pacific cod, 
sablefish, Atka mackerel, and yellowfin sole, while providing greater 
protection for several species, most notably rockfish, squid and 
``other species'', by lowering TAC levels. The changes recommended by 
the Council were based on the best scientific information available, 
consistent with National Standard 2 of the Magnuson-Stevens Act, and 
within a reasonable range of variation from the proposed TAC 
recommendations.
    Table 1 lists the final 2004 OFL, ABC, TAC, ITAC and CDQ reserve 
amounts of groundfish in the BSAI. The apportionment of TAC amounts 
among fisheries and seasons is discussed below.

[[Page 9244]]



 TABLE 1.--2004 Overfishing Level (OFL), Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial
       TAC (ITAC), and Community Development Quota (CDQ) Reserve Allocation of Groundfish in The BSAI \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                                          CDQ
           Species                      Area              OFL         ABC         TAC      ITAC \2\     reserve
                                                                                                          \3\
----------------------------------------------------------------------------------------------------------------
Pollock \4\..................  Bering Sea (BS)......   2,740,000   2,560,000   1,492,000   1,342,800     149,200
                               Aleutian Islands (AI)      52,600      39,400       1,000       1,000  ..........
                               Bogoslof District....      39,600       2,570          50          50  ..........
Pacific cod..................  BSAI.................     350,000     223,000     215,500     183,175      16,163
Sablefish \5\................  BS...................       4,020       3,000       2,900       2,393         399
                               AI...................       4,620       3,450       3,100       2,519         523
Atka mackerel................  Total................      78,500      66,700      63,000      53,550       4,725
                               Western AI...........  ..........      24,360      20,660      17,561       1,550
                               Central AI...........  ..........      31,100      31,100      26,435       2,333
                               Eastern AI/BS........  ..........      11,240      11,240       9,554         843
Yellowfin sole...............  BSAI.................     135,000     114,000      86,075      73,164       6,456
Rock sole....................  BSAI.................     166,000     139,000      41,000      34,850       3,075
Greenland turbot.............  Total................      19,300       4,740       3,500       2,975         263
                               BS...................  ..........       3,162       2,700       2,295         203
                               AI...................  ..........       1,578         800         680          60
Arrowtooth flounder..........  BSAI.................     142,000     115,000      12,000      10,200         900
Flathead sole................  BSAI.................      75,200      61,900      19,000      16,150       1,425
Other flatfish \6\...........  BSAI.................      18,100      13,500       3,000       2,550         225
Alaska plaice................  BSAI.................     258,000     203,000      10,000       8,500         750
Pacific ocean perch..........  BSAI.................      15,800      13,300      12,580      10,693         944
                               BS...................  ..........       2,128       1,408       1,197         106
                               AI Total.............  ..........      11,172      11,172       9,496         838
                               Western AI...........  ..........       5,187       5,187       4,409         389
                               Central AI...........  ..........       2,926       2,926       2,487         219
                               Eastern AI...........  ..........       3,059       3,059       2,600         229
Northern rockfish............  BSAI.................       8,140       6,880       5,000       4,250         375
Shortraker rockfish..........  BSAI.................         701         526         526         447          39
Rougheye rockfish............  BSAI.................         259         195         195         166          15
Other rockfish \7\...........  BS...................       1,280         960         460         391          35
                               AI...................         846         634         634         539          48
Squid........................  BSAI.................       2,620       1,970       1,275       1,084          96
Other species \8\............  BSAI.................      81,150      46,810      27,205      23,124       2,040
                                                     -------------
        Total................  .....................   4,193,736   3,620,535   2,000,000   1,774,570    187,696
----------------------------------------------------------------------------------------------------------------
\1\ These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of
  pollock, and for the purpose of these specifications, the Bering Sea subarea includes the Bogoslof District.
\2\ Except for pollock and the portion of the sablefish TAC allocated to hook-and-line and pot gear, 15 percent
  of each TAC is put into a reserve. The ITAC for each species is the remainder of the TAC after the subtraction
  of these reserves.
\3\ Except for pollock, squid, and the hook-and-line or pot gear allocation of sablefish, one half of the amount
  of the TACs placed in reserve, or 7.5 percent of the TACs, is designated as a CDQ reserve for use by CDQ
  participants (see Sec.  Sec.   679.20(b)(1)(iii) and 679.31).
\4\ Under Sec.   679.20(a)(5)(i)(A)(1), the annual Bering Sea pollock TAC, after subtraction for the CDQ reserve-
  -10 percent and the ICA--3.0 percent, is further allocated by sector as directed fishing allowances as
  follows: inshore--50 percent; catcher/processor--40 percent; and motherships--10 percent. The entire Aleutian
  Islands and Bogoslof District pollock ITAC is allocated as an incidental catch allowance.
\5\ The ITAC for sablefish reflected in Table 1 is for trawl gear only. Regulations at Sec.   679.20(b)(1) do
  not provide for the establishment of an ITAC for the hook-and-line and pot gear allocation for sablefish.
  Twenty percent of the sablefish TAC allocated to hook-and-line gear or pot gear and 7.5 percent of the
  sablefish TAC allocated to trawl gear is reserved for use by CDQ participants (see Sec.   679.20(b)(1)(iii)).
\6\ ``Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), flathead sole,
  Greenland turbot, rock sole, yellowfin sole, arrowtooth flounder and Alaska plaice.
\7\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for Pacific ocean perch, northern,
  shortraker, and rougheye rockfish.
\8\ ``Other species'' includes sculpins, sharks, skates and octopus. Forage fish, as defined at Sec.   679.2,
  are not included in the ``other species'' category.

Reserves and the Incidental Catch Allowance (ICA) for Pollock

    Regulations at Sec.  679.20(b)(1)(i) require that 15 percent of the 
TAC for each target species or species group, except for pollock and 
the hook-and-line and pot gear allocation of sablefish, be placed in a 
non-specified reserve. Regulations at Sec.  679.20(b)(1)(iii) require 
that one-half of each TAC amount placed in the non-specified reserve 
(7.5 percent), with the exception of squid, be allocated to the 
groundfish CDQ reserve and that 20 percent of the hook-and-line and pot 
gear allocation of sablefish be allocated to the fixed gear sablefish 
CDQ reserve. Regulations at Sec.  679.20(a)(5)(i)(A) also require that 
10 percent of the Bering Sea subarea pollock TAC be allocated to the 
pollock CDQ reserve. The entire Aleutian Islands subarea and Bogoslof 
District pollock TAC is allocated as an ICA (see Sec.  
679.20(a)(5)(i)(A)(1)). With the exception of the hook-and-line and pot 
gear sablefish CDQ reserve, the regulations do not further apportion 
the CDQ reserves by gear. Regulations at Sec.  679.21(e)(1)(i) also 
require that 7.5 percent of each PSC limit, with the exception of 
herring, be withheld as a PSQ reserve for the CDQ fisheries. 
Regulations governing the management of the CDQ and PSQ reserves are 
set forth at Sec. Sec.  679.30 and 679.31.
    Under regulations at Sec.  679.20(a)(5)(i)(A)(1), NMFS allocates a 
pollock ICA of 3.0 percent of the Bering Sea subarea pollock TAC after

[[Page 9245]]

subtraction of the 10 percent CDQ reserve. This allowance is based on 
an examination of the incidental catch of pollock in target fisheries 
other than pollock from 1998 through 2003. During this 6-year period, 
the incidental catch of pollock ranged from a low of 3 percent in 2003, 
to a high of 5 percent in 1999, with a 6-year average of 3.6 percent.
    The regulations do not designate the remainder of the non-specified 
reserve by species or species group, and any amount of the reserve may 
be apportioned to a target species or to the ``other species'' category 
during the year, providing that such apportionments do not result in 
overfishing (see Sec.  679.20(b)(1)(ii)). The Administrator of the 
Alaska Region for NMFS (Regional Administrator), has determined that 
the ITACs specified for the species listed in Table 2 need to be 
supplemented from the non-specified reserve because U.S. fishing 
vessels have demonstrated the capacity to catch the full TAC 
allocations. Therefore, in accordance with Sec.  679.20(b)(3), NMFS is 
apportioning the amounts shown in Table 2 from the non-specified 
reserve to increase the ITAC to an amount that is equal to TAC minus 
the CDQ reserve.

                             Table 2.--Apportionment of Reserves to ITAC Categories
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                          Species--area or subarea                             Reserve amount      Final ITAC
----------------------------------------------------------------------------------------------------------------
Atka mackerel--Western Aleutian District....................................             1,550            19,111
Atka mackerel--Central Aleutian District....................................             2,333            28,768
Atka mackerel--Eastern Aleutian District and Bering Sea subarea.............               843            10,397
Other flatfish--BSAI........................................................               225             2,775
Alaska plaice--BSAI.........................................................               750             9,250
Pacific ocean perch--Western Aleutian District..............................               389             4,798
Pacific ocean perch--Central Aleutian District..............................               219             2,706
Pacific ocean perch--Eastern Aleutian District..............................               229             2,829
Pacific cod--BSAI...........................................................            16,163           199,338
Shortraker rockfish-BSAI....................................................                39               486
Rougheye rockfish-BSAI......................................................                15               181
Northern rockfish-BSAI......................................................               375             4,625
Other rockfish--Bering Sea subarea..........................................                35               426
                                                                             -------------------
    Total...................................................................            23,165           285,690
----------------------------------------------------------------------------------------------------------------

Allocation of Pollock TAC Under the AFA

    Regulations at Sec.  679.20(a)(5)(i)(A) require that 10 percent of 
the BSAI pollock TAC be allocated as a directed fishing allowance to 
the CDQ program. The remainder of the BSAI pollock TAC, after the 
subtraction of an allowance (3.0 percent) for the incidental catch of 
pollock by vessels, including CDQ vessels, catching other groundfish 
species, is allocated as follows: 50 percent to catcher vessels 
harvesting pollock for processing by AFA inshore processors, 40 percent 
to catcher/processors and catcher vessels harvesting pollock for 
processing by catcher/processors, and 10 percent to catcher vessels 
harvesting pollock for processing by AFA motherships. These amounts are 
listed in Table 3.
    The regulations also contain several specific requirements 
concerning pollock and pollock allocations under Sec.  
679.20(a)(5)(i)(A)(4). First, 8.5 percent of the pollock allocated to 
the catcher/processor sector will be available for harvest by AFA 
catcher vessels with catcher/processor sector endorsements, unless the 
Regional Administrator receives a cooperative contract that provides 
for the distribution of harvest between AFA catcher/processors and AFA 
catcher vessels in a manner agreed to by all members. Second, AFA 
catcher/processors not listed in the AFA are limited to harvesting not 
more than 0.5 percent of the pollock allocated to the catcher/processor 
sector. Table 3 lists the 2004 allocations of pollock TAC. Other 
provisions of the AFA, including inshore pollock cooperative 
allocations and listed catcher/processor and catcher vessel harvesting 
sideboard limits, are found in Tables 10 through 17.
    Table 3 also lists seasonal apportionments of pollock and harvest 
limits within the Steller Sea Lion Conservation Area (SCA). The harvest 
within the SCA, as defined at Sec.  679.22(a)(7)(vii), is limited to 28 
percent of the annual directed fishing allowance (DFA) until April 1. 
The remaining 12 percent of the annual DFA allocated to the A season 
may be taken outside of the SCA before April 1 or inside the SCA after 
April 1. If the 28 percent of the annual DFA is not taken inside the 
SCA before April 1, the remainder is available to be taken inside the 
SCA after April 1. The A season pollock SCA harvest limit will be 
apportioned to each industry sector in proportion to each sector's 
allocated percentage of the DFA as set forth in the AFA. These amounts, 
by sector, are listed in Table 3.

   Table 3.--2004 Allocations of the Pollock TAC and Directed Fishing Allowance (DFA) to the Inshore, Catcher/
                                   Processor, Mothership, and CDQ Reserves \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                       A season \1\                B season\1\
                                                           -----------------------------------------------------
             Area and sector              2004 allocations    A season DFA                        B season DFA
                                                             (40% of annual      SCA harvest     (60% of annual
                                                                  DFA)            limit \2\           DFA)
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea......................         1,492,000  ................  ................  ................
    CDQ reserve.........................           149,200            59,680            41,776            89,520

[[Page 9246]]

 
    ICA \1\.............................            43,641  ................  ................  ................
    AFA Inshore.........................           649,580           259,832           181,882           389,748
    AFA Catcher/Processors \3\..........           519,664           207,865           145,506           311,798
        Catch by C/Ps...................           475,492           190,197  ................           285,295
        Catch by CVs \3\................            44,171            17,669  ................            26,503
            Unlisted C/P Limit \4\......             2,598             1,039  ................             1,559
    AFA Motherships.....................           129,916            51,966            36,376            77,950
    Excessive Harvesting Limit \5\......           227,353  ................  ................  ................
    Excessive Processing Limit \6\......           389,748  ................  ................  ................
                                         -------------------
Total Bering Sea DFA....................         1,492,000           579,343           405,540           869,016
                                         ===================
Aleutian Islands ICA \7\................             1,000  ................  ................  ................
Bogoslof District ICA \7\...............                50  ................  ................  ................
----------------------------------------------------------------------------------------------------------------
\1\ Under Sec.   679.20(a)(5)(i)(A), after subtraction for the CDQ reserve--10 percent and the incidental catch
  amount (ICA)--3.0 percent, the pollock TAC is allocated as a DFA as follows: inshore sector--50 percent,
  catcher/processor sector--40 percent, and mothership sector--10 percent. The A season, January 20--June 10, is
  allocated 40 percent of the DFA and the B season, June 10--November 1, is allocated 60 percent of the DFA.
\2\ No more than 28 percent of each sector's annual DFA may be taken from the SCA before April 1. The remaining
  12 percent of the annual DFA allocated to the A season may be taken outside of SCA before April 1 or inside
  the SCA after April 1. If 28 percent of the annual DFA is not taken inside the SCA before April 1, the
  remainder is available to be taken inside the SCA after April 1.
\3\ Under Sec.   679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/
  processor shall be available for harvest only by eligible catcher vessels delivering to listed catcher/
  processors.
\4\ Under Sec.   679.20(a)(5)(i)(A)(4)(iii), the unlisted AFA catcher/processors are limited to harvesting not
  more than 0.5 percent of the catcher/processor sector allocation of pollock.
\5\ Under Sec.   679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
  percent of the sum of the pollock DFAs.
\6\ Under Sec.   679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0
  percent of the sum of the pollock DFAs.
\7\ The Aleutian Islands subarea and the Bogoslof District are closed to directed fishing for pollock. The
  amounts specified are for ICA only, and are not apportioned by season or sector.

Allocation of the Atka Mackerel TAC

    Under Sec.  679.20(a)(8)(i), up to 2 percent of the Eastern 
Aleutian District and the Bering Sea subarea Atka mackerel ITAC may be 
allocated to jig gear. The amount of this allocation is determined 
annually by the Council based on several criteria, including the 
anticipated harvest capacity of the jig gear fleet. The Council 
recommended, and NMFS approved, a 1-percent allocation of the Atka 
mackerel ITAC in the Eastern Aleutian District and the Bering Sea 
subarea to the jig gear fleet in 2004. Based on an ITAC and a reserve 
apportionment which together total 10,397 mt, the jig gear allocation 
is 104 mt.
    Regulations at Sec.  679.20(a)(8)(ii)(A) apportion the Atka 
mackerel ITAC into two equal seasonal allowances. After subtraction of 
the jig gear allocation, the first seasonal allowance is made available 
for directed fishing from January 1 (January 20 for trawl gear) to 
April 15 (A season), and the second seasonal allowance is made 
available from September 1 to November 1 (B season)(Table 4).
    Under Sec.  679.20(a)(8)(ii)(C)(1), the Regional Administrator will 
establish a harvest limit area (HLA) limit of no more than 60 percent 
of the seasonal TAC for the Western and Central Aleutian Districts. A 
lottery system is used for the HLA Atka mackerel directed fisheries to 
reduce the amount of daily catch in the HLA by about half and to 
disperse the fishery over two districts (see Sec.  679.20(a)(8)(iii)).

                    Table 4.--2004 Seasonal and Spatial Apportionments, Gear Shares, and CDQ Reserve of the BSAI ATKA Mackerel TAC\1\
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                        Seasonal allowances \2\
                                                                                                             -------------------------------------------
                                                                                CDQ        CDQ                    A season \3\          B season \3\
                      Subarea and component                          TAC      reserve    reserve      ITAC   -------------------------------------------
                                                                                        HLA limit                           HLA                HLA limit
                                                                                                                Total     limit\4\    Total       \4\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Western Aleutian District.......................................     20,660      1,550        930     19,111      9,555      5,733      9,555      5,733
Central Aleutian District.......................................     31,100      2,333      1,400     28,768     14,384      8,630     14,384      8,630
Eastern AI/BS subarea \5\.......................................     11,240        843  .........     10,397  .........  .........  .........  .........
    Jig ( 1%) \6\...............................................  .........  .........  .........        104  .........  .........  .........  .........
    Other gear (99%)............................................  .........  .........  .........     10,293      5,147  .........      5,147
                                                                 ------------
        Total...................................................     63,000      4,725      2,329     58,275     29,086  .........     29,086  .........
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Regulations at Sec.  Sec.   679.20(a)(8)(ii) and 679.22(a)(8) establish temporal and spatial limitations for the Atka mackerel fishery.
\2\ The seasonal apportionment of Atka mackerel is 50 percent in the A season and 50 percent in the B season.
\3\ The A season is January 1 through April 15, however trawl gear is prohibited until January 20. The B season is September 1 through November 1.

[[Page 9247]]

 
\4\ Harvest Limit Area (HLA) limit refers to the amount of each seasonal allowance that is available for fishing inside the HLA (see Sec.   679.2). In
  2004, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts.
\5\ Eastern Aleutian District and the Bering Sea subarea.
\6\ Regulations at Sec.   679.20(a)(8)(i) require that up to 2 percent of the Eastern Aleutian District and the Bering Sea subarea ITAC be allocated to
  jig gear. The amount of this allocation is 1 percent. The jig gear allocation is not apportioned by season.

Allocation of the Pacific Cod TAC

    Under Sec.  679.20(a)(7)(i)(A), 2 percent of the Pacific cod ITAC 
is allocated to vessels using jig gear, 51 percent to vessels using 
hook-and-line or pot gear, and 47 percent to vessels using trawl gear. 
Under regulations at Sec.  679.20(a)(7)(i)(B), the portion of the 
Pacific cod TAC allocated to trawl gear is further allocated 50 percent 
to catcher vessels and 50 percent to catcher/processors. Under 
regulations at Sec.  679.20(a)(7)(i)(C)(1), a portion of the Pacific 
cod allocated to hook-and-line or pot gear is set aside as an ICA of 
Pacific cod in directed fisheries for groundfish using these gear 
types. Based on anticipated incidental catch in these fisheries, the 
Regional Administrator specifies an ICA of 500 mt. The remainder of 
Pacific cod is further allocated to vessels using hook-and-line or pot 
gear as the following DFAs: 80 percent to hook-and-line catcher/
processors, 0.3 percent to hook-and-line catcher vessels, 3.3 percent 
to pot catcher/processors, 15 percent to pot catcher vessels, and 1.4 
percent to catcher vessels under 60 feet (18.3 m) length overall (LOA) 
using hook-and-line or pot gear.
    Due to concerns about the potential impact of the Pacific cod 
fishery on Steller sea lions and their critical habitat, the 
apportionment of the ITAC disperses the Pacific cod fisheries into two 
seasonal allowances (see Sec. Sec.  679.20(a)(7)(iii)(A) and 
679.23(e)(5)). For pot and most hook-and-line gear, the first seasonal 
allowance of 60 percent of the ITAC is made available for directed 
fishing from January 1 to June 10, and the second seasonal allowance of 
40 percent of the ITAC is made available from June 10 to December 31. 
No seasonal harvest constraints are imposed for the Pacific cod fishery 
by catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line 
or pot gear. For trawl gear, the first season is January 20 to April 1 
and is allocated 60 percent of the ITAC. The second season, April 1 to 
June 10, and the third season, June 10 to November 1, are each 
allocated 20 percent of the ITAC. The trawl catcher vessel allocation 
is further allocated as 70 percent in the first season, 10 percent in 
the second season and 20 percent in the third season. The trawl 
catcher/processor allocation is allocated 50 percent in the first 
season, 30 percent in the second season, and 20 percent in the third 
season. For jig gear, the first season and third seasons are each 
allocated 40 percent of the ITAC and the second season is allocated 20 
percent of the ITAC. Table 5 lists the 2004 allocations and seasonal 
apportionments of the Pacific cod ITAC. In accordance with Sec. Sec.  
679.20(a)(7)(ii)(D) and 679.20(a)(7)(iii)(B), any unused portion of a 
seasonal Pacific cod allowance will become available at the beginning 
of the next seasonal allowance.

                                   Table 5.--2004 Gear Shares and Seasonal Apportionments of the BSAI Pacific Cod TAC
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                            Subtotal                              Seasonal apportionment \1\
                                                               Share of    percentages    Share of  ----------------------------------------------------
                  Gear sector                     Percent    gear sector    for gear    gear sector
                                                                total        sectors       total                      Date                      Amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total hook-and-line and pot gear allocation of           51      101,662  ............  ...........  ......................................  ...........
 Pacific cod TAC.
Incidental catch allowance....................  ...........  ...........  ............          500  ......................................  ...........
Processor and Vessel subtotal.................  ...........      101,162  ............  ...........  ......................................  ...........
    Hook-and-line Catcher/Processors..........  ...........  ...........          80         80,930  Jan 1-Jun 10..........................       48,558
                                                                                                     Jun 10-Dec 31.........................       32,372
    Hook-and-line Catcher Vessels.............  ...........  ...........           0.3          303  Jan 1-Jun 10..........................          182
                                                                                                     Jun 10-Dec 31.........................          121
    Pot Catcher/Processors....................  ...........  ...........           3.3        3,338  Jan 1-Jun 10..........................        2,003
                                                                                                     Sept 1-Dec 31.........................        1,335
    Pot Catcher Vessels.......................  ...........  ...........          15         15,174  Jan 1-Jun 10..........................        9,105
                                                                                                     Sept 1-Dec 31.........................        6,070
    Catcher Vessels <60 feet LOA using hook-    ...........  ...........           1.4        1,416  ......................................  ...........
     and-line or pot gear.
Trawl gear total..............................           47       93,689  ............  ...........  ......................................  ...........
    Trawl Catcher Vessel......................  ...........  ...........          50         46,844  Jan 20-Apr 1..........................       32,791
                                                                                                     Apr 1-Jun 10..........................        4,684
                                                                                                     Jun 10-Nov 1..........................        9,369
    Trawl Catcher/Processor...................  ...........  ...........          50         46,844  Jan 20-Apr 1..........................       23,422
                                                                                                     Apr 1-Jun 10..........................       14,053
                                                                                                     Jun 10-Nov 1..........................        9,369
Jig...........................................            2        3,987  ............  ...........  Jan 1-Apr 30..........................        1,595
                                                                                                     Apr 30-Aug 31.........................          797
                                                                                                     Aug 31-Dec 31.........................        1,595
                                               ==============
        Total.................................          100      199,338  ............  ...........  ......................................  ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For most non-trawl gear the first season is allocated 60 percent of the ITAC and the second season is allocated 40 percent of the ITAC. For jig
  gear, the first season and third seasons are each allocated 40 percent of the ITAC and the second season is allocated 20 percent of the ITAC. No
  seasonal harvest constraints are imposed for the Pacific cod fishery by catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot
  gear. For trawl gear, the first season is allocated 60 percent of the ITAC and the second and third seasons are each allocated 20 percent of the ITAC.
  The trawl catcher vessels' allocation is further allocated as 70 percent in the first season, 10 percent in the second season and 20 percent in the
  third season. The trawl catcher/processors' allocation is allocated 50 percent in the first season, 30 percent in the second season and 20 percent in
  the third season. Any unused portion of a seasonal Pacific cod allowance will be reapportioned to the next seasonal allowance.

Sablefish Gear Allocation

    Regulations at Sec.  679.20(a)(4)(iii) and (iv) require that 
sablefish TACs for the Bering Sea and Aleutian Islands subareas be 
allocated between trawl and hook-and-line or pot gear. Gear allocations 
of the TACs for the Bering Sea subarea are 50 percent for trawl gear 
and 50 percent for hook-and-line or pot gear and for the Aleutian 
Islands subarea are 25 percent for trawl gear and

[[Page 9248]]

75 percent for hook-and-line or pot gear. Regulations at Sec.  
679.20(b)(1)(iii)(B) require that 20 percent of the hook-and-line and 
pot gear allocation of sablefish be apportioned to the CDQ reserve. 
Additionally, regulations at Sec.  679.20(b)(1)(iii)(A) require that 
7.5 percent of the trawl gear allocation of sablefish (one half of the 
reserve) be apportioned to the CDQ reserve. The 2004 gear allocations 
of the sablefish TAC and CDQ reserve amounts are specified in Table 6.

                        Table 6.--2004 Gear Shares and CDQ Reserve of BSAI Sablefish TACS
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                               Percent of    Share of
                      Subarea and gear                            TAC          TAC        ITAC \1\   CDQ reserve
----------------------------------------------------------------------------------------------------------------
Bering Sea
    Trawl \2\...............................................           50        1,450        1,232          109
    Hook-and-line/pot gear \3\..............................           50        1,450        (\4\)          290
                                                             --------------
        Total...............................................          100        2,900        1,232          399
                                                             ==============
Aleutian Islands
    Trawl \2\...............................................           25          775          659           58
    Hook-and-line/pot gear \3\..............................           75        2,325        (\4\)          465
                                                             --------------
        Total...............................................          100        3,100          659         523
----------------------------------------------------------------------------------------------------------------
\1\ Except for the sablefish hook-and-line or pot gear allocation, 15 percent of TAC is apportioned to the
  reserve. The ITAC is the remainder of the TAC after the subtraction of these reserves.
\2\ For the portion of the sablefish TAC allocated to vessels using trawl gear, one half of the reserve (7.5
  percent of the specified TAC) is reserved for the CDQ program.
\3\ For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the
  allocated TAC is reserved for use by CDQ participants. Regulations in Sec.   679.20(b)(1) do not provide for
  the establishment of an ITAC for sablefish allocated to hook-and-line or pot gear
\4\ NA.

Allocation of PSC Limits for Halibut, Salmon, Crab, and Herring

    PSC limits for halibut are set forth in regulations at Sec.  
679.21(e). For the BSAI trawl fisheries, the limit is 3,675 mt of 
halibut mortality and for non-trawl fisheries, the limit is 900 mt of 
halibut mortality. For chinook salmon, regulations at Sec.  
679.21(e)(1)(vii) specify a scheduled reduction of the chinook salmon 
PSC limit and the final limit of 29,000 fish will be reached in 2004. 
Regulations at Sec.  679.21(e)(1)(i) allocate 7.5 percent or 2,175 
chinook salmon as the PSQ for the CDQ program and the remaining 26,825 
chinook salmon to the non-CDQ fisheries. PSC limits for crab and 
herring are specified annually based on abundance and spawning biomass.
    The red king crab mature female abundance is estimated from the 
2003 survey data to be 29.7 million king crab and the effective 
spawning biomass is estimated to be 60.7 million pounds (27,500 mt). 
Based on the criteria set out at Sec.  679.21(e)(1)(ii), the 2004 PSC 
limit of red king crab in Zone 1 for trawl gear is 197,000 animals as a 
result of the mature female abundance being above 8.4 million king crab 
and the effective spawning biomass estimate being greater than 55 
million pounds (24,948 mt).
    Regulations at Sec.  679.21(e)(3)(ii)(B) establish criteria under 
which NMFS must specify an annual red king crab bycatch limit for the 
Red King Crab Savings Subarea (RKCSS). The regulations limit the RKCSS 
to up to 35 percent of the trawl bycatch allowance specified for the 
rock sole/flathead sole/``other flatfish'' fishery category and are 
based on the need to optimize the groundfish harvest relative to red 
king crab bycatch. The Council recommended, and NMFS approves, a red 
king crab bycatch limit equal to 35 percent of the trawl bycatch 
allowance specified for the rock sole/flathead sole/``other flatfish'' 
fishery category within the RKCSS.
    Based on 2003 survey data, the Chionoecetes bairdi crab abundance 
is estimated to be 448.8 million animals. Given the criteria set out at 
Sec.  679.21(e)(1)(iii), the 2004 C. bairdi crab PSC limit for trawl 
gear is 980,000 animals in Zone 1 and 2,970,000 animals in Zone 2 as a 
result of the C. bairdi crab abundance estimate of over 400 million 
animals.
    Under Sec.  679.21(e)(1)(iv), the PSC limit for C. opilio crab is 
based on total abundance as indicated by the NMFS annual bottom trawl 
survey. The C. opilio crab PSC limit is set at 0.1133 percent of the 
Bering Sea abundance index. Based on the 2003 survey estimate of 2.63 
billion animals, the calculated limit is 2,981,000 animals. Because 
this limit is less than 4.5 million, under Sec.  679.21(e)(1)(iv)(B), 
the 2004 C. opilio crab PSC limit is 4,350,000 million animals.
    Under Sec.  679.21(e)(1)(vi), the PSC limit of Pacific herring 
caught while conducting any trawl operation for groundfish in the BSAI 
is 1 percent of the annual eastern Bering Sea herring biomass. NMFS' 
best estimate of 2004 herring biomass is 187,648 mt. This amount was 
derived using 2003 survey data and an age-structured biomass projection 
model developed by the Alaska Department of Fish and Game. Therefore, 
the proposed 2004 herring PSC limit is 1,876 mt.
    Under Sec.  679.21(e)(1)(i), 7.5 percent of each PSC limit 
specified for halibut and crab is allocated as a PSQ reserve for use by 
the groundfish CDQ program. Regulations at Sec.  679.21(e)(3) require 
the apportionment of each trawl PSC limit into PSC bycatch allowances 
for seven specified fishery categories. Regulations at Sec.  
679.21(e)(4)(ii) authorize the apportionment of the non-trawl halibut 
PSC limit into PSC bycatch allowances among five fishery categories. 
The fishery bycatch allowances for the trawl and non-trawl fisheries 
are listed in Table 7.
    Regulations at Sec.  679.21(e)(4)(ii) authorize exemption of 
specified non-trawl fisheries from the halibut PSC limit. As in past 
years, NMFS, after consultation with the Council, is exempting pot 
gear, jig gear, and the sablefish IFQ hook-and-line gear fishery 
categories from halibut bycatch restrictions because these fisheries 
use selective gear types that take few halibut compared to other gear 
types such as nonpelagic trawl. In 2003, total

[[Page 9249]]

groundfish catch for the pot gear fishery in the BSAI was approximately 
20,420 mt with an associated halibut bycatch mortality of about 3 mt. 
The 2003 groundfish jig gear fishery harvested about 156 mt of 
groundfish. Most vessels in the jig gear fleet are less than 60 ft 
(18.3 m) LOA and thus are exempt from observer coverage requirements. 
As a result, observer data are not available on halibut bycatch in the 
jig gear fishery. However, a negligible amount of halibut bycatch 
mortality is assumed because of the selective nature of this gear type 
and the likelihood that halibut caught with jig gear have a high 
survival rate when released.
    As in past years, the Council recommended the sablefish IFQ fishery 
be exempt from halibut bycatch restrictions because of the sablefish 
and halibut IFQ program (subpart D of 50 CFR part 679). The sablefish 
IFQ program requires legal-sized halibut to be retained by vessels 
using hook-and-line gear if a halibut IFQ permit holder or his or her 
hired master is aboard and is holding unused halibut IFQ. NMFS is 
approving the Council's recommendation. This provision results in 
reduced halibut discard in the sablefish fishery. In 1995, about 36 mt 
of halibut discard mortality was estimated for the sablefish IFQ 
fishery. Estimates for 1996 through 2003 have not been calculated; 
however, NMFS has no information indicating that it would be 
significantly different.
    Regulations at Sec.  679.21(e)(5) authorize NMFS, after 
consultation with the Council, to establish seasonal apportionments of 
PSC amounts in order to maximize the ability of the fleet to harvest 
the available groundfish TAC and to minimize bycatch. The factors to be 
considered are: (1) Seasonal distribution of prohibited species, (2) 
seasonal distribution of target groundfish species, (3) PSC bycatch 
needs on a seasonal basis relevant to prohibited species biomass, (4) 
expected variations in bycatch rates throughout the year, (5) expected 
start of fishing effort, and (6) economic effects of seasonal PSC 
apportionments on industry sectors. In December 2003, the Council's AP 
recommended seasonal PSC apportionments in order to maximize harvest 
among gear types, fisheries, and seasons while minimizing bycatch of 
PSC based upon the above criteria.
    The Council recommended, and NMFS approves, the PSC apportionments 
specified in Table 7.

         Table 7.--2004 Prohibited Species Bycatch Allowances for the BSAI Trawl and Non-Trawl Fisheries
----------------------------------------------------------------------------------------------------------------
                                                                      Trawl Fisheries
                                         -----------------------------------------------------------------------
                                                                   Red King                 C. bairdi (animals)
       Prohibited species and zone          Halibut     Herring      Crab      C. opilio -----------------------
                                           mortality   (mt) BSAI   (animals)   (animals)                 Zone 2
                                           (mt) BSAI              Zone 1 \1\   COBLZ \2\  Zone 1 \1\      \1\
----------------------------------------------------------------------------------------------------------------
Yellowfin sole..........................         886         171      33,843   2,776,981     340,844   1,788,459
    January 20--April 1.................         262  ..........  ..........  ..........  ..........  ..........
    April 1--May 21.....................         195  ..........  ..........  ..........  ..........  ..........
    May 21--July 4......................          49  ..........  ..........  ..........  ..........  ..........
    July 4--December 31.................         380  ..........  ..........  ..........  ..........  ..........
Rock sole/other flat/flathead sole \4\..         779          25     121,413     969,130     365,320     596,154
    January 20--April 1.................         448  ..........  ..........  ..........  ..........  ..........
    April 1--July 4.....................         164  ..........  ..........  ..........  ..........  ..........
    July 4--December 31.................         167  ..........  ..........  ..........  ..........  ..........
Turbot/arrowtooth/sablefish \5\.........  ..........          11  ..........      40,238  ..........  ..........
    Rockfish............................  ..........  ..........  ..........  ..........  ..........  ..........
    July 4--December 31.................          69           9  ..........      40,237  ..........      10,988
Pacific cod.............................       1,434          25      26,563     124,736     183,112     324,176
Midwater trawl pollock..................  ..........       1,456  ..........  ..........  ..........  ..........
Pollock/Atka mackerel/other \6\.........         232         179         406      72,428      17,224      27,473
Red King Crab Savings Subarea \3\.......  ..........  ..........      42,495  ..........  ..........  ..........
(non-pelagic trawl).....................
                                         -------------
        Total trawl PSC.................       3,400       1,876     182,225   4,023,750     906,500   2,747,250
-----------------------------------------
                                               Non-trawl Fisheries
----------------------------------------------------------------------------------------------------------------
Pacific cod--Total......................         775
    January 1--June 10..................         320
    June 10--August 15..................           0
    August 15--December 31..............         455
Other non-trawl--Total..................          58
    May 1--December 31..................          58
Groundfish pot and jig..................      exempt
Sablefish hook-and-line.................      exempt
                                         ------------
        Total non-trawl PSC.............         833
    PSQ reserve \7\.....................         342  ..........      14,775     326,250      73,500     222,750
                                         -------------
            PSC Grand total.............       4,575       1,876     197,000   4,350,000     980,000  2,970,000
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec.   679.2 for definitions of areas.
\2\ C. opilio Bycatch Limitation Zone. Boundaries are defined at 50 CFR part 679, Figure 13.
\3\ In December 2003, the Council proposed limiting red king crab for trawl fisheries within the Red King Crab
  Savings Subarea (RKCSS) to 35 percent of the total allocation to the rock sole, flathead sole, and other
  flatfish fishery category (see Sec.   679.21(e)(3)(ii)(B)).
\4\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
  species), greenland turbot, rock sole, yellowfin sole and arrowtooth flounder.
\5\ Greenland turbot, arrowtooth flounder, and sablefish fishery category.
\6\ Pollock other than pelagic trawl pollock, Atka mackerel, and ``other species'' fishery category.

[[Page 9250]]

 
\7\ With the exception of herring, 7.5 percent of each PSC limit is allocated to the CDQ program as PSQ reserve.
  The PSQ reserve is not allocated by fishery, gear or season.

Halibut Discard Mortality Rates

    To monitor halibut bycatch mortality allowances and apportionments, 
the Regional Administrator will use observed halibut bycatch rates, 
assumed discard mortality rates (DMR), and estimates of groundfish 
catch to project when a fishery's halibut bycatch mortality allowance 
or seasonal apportionment is reached. The discard mortality rates are 
based on the best information available, including information 
contained in the annual SAFE report.
    The Council recommended, and NMFS concurs, that the recommended 
halibut DMRs developed by the International Pacific Halibut Commission 
(IPHC) for the 2004 BSAI groundfish fisheries be used to monitor 
halibut bycatch allowances established for the 2004 groundfish 
fisheries (see Table 8). The IPHC recommended, and the Council and NMFS 
concurred, the 10-year mean DMRs for the 2004 through 2006 BSAI non-CDQ 
groundfish fisheries. Plots of annual DMRs against the 10-year mean 
indicated little change since 1990 for most fisheries. DMRs were more 
variable for the smaller fisheries which typically take minor amounts 
of halibut bycatch. The IPHC will analyze observer data annually and 
recommend changes to the DMRs where a fishery DMR shows large variation 
from the mean. The IPHC has been calculating the CDQ fisheries DMRs 
since 1998 and a 10-year mean is not available. The Council 
recommended, and NMFS concurs, the DMRs recommended by the IPHC for 
2004 CDQ fisheries. The justification for these DMRs is discussed in 
Appendix A of the final SAFE report dated November 2003.

   Table 8.--2004 Assumed Halibut Discard Mortality Rates for the BSAI
                                Fisheries
------------------------------------------------------------------------
                                                              Preseason
                                                               assumed
                          Fishery                             mortality
                                                              (percent)
------------------------------------------------------------------------
Hook-and-line gear fisheries:
    Greenland turbot.......................................           15
    Other Species..........................................           11
    Pacific cod............................................           11
    Rockfish...............................................           16
Trawl gear fisheries:
    Atka mackerel..........................................           78
    Flathead sole..........................................           67
    Greenland turbot.......................................           72
    Nonpelagic pollock.....................................           76
    Pelagic pollock........................................           85
    Other flatfish.........................................           71
    Other species..........................................           67
    Pacific cod............................................           68
    Rockfish...............................................           74
    Rock sole..............................................           77
    Sablefish..............................................           49
    Yellowfin sole.........................................           78
Pot gear fisheries
    Other species..........................................            8
    Pacific cod............................................            8
CDQ trawl fisheries
    Atka mackerel..........................................           85
    Flathead sole..........................................           90
    Nonpelagic pollock.....................................           85
    Pelagic pollock........................................           89
    Rockfish...............................................           90
    Yellowfin sole.........................................           82
CDQ hook-and-line fisheries
    Greenland turbot.......................................            4
    Pacific cod............................................           11
CDQ pot fisheries
    Pacific cod............................................            2
    Sablefish..............................................           36
------------------------------------------------------------------------

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 has been or 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 subarea or district (see Sec.  697.20(d)(1)(iii)). 
Similarly, under regulations at Sec.  679.21(e), if the Regional 
Administrator determines that a fishery category's bycatch allowance of 
halibut, red king crab, C. bairdi crab or C. opilio crab for a 
specified area has been reached, the Regional Administrator will 
prohibit directed fishing for each species in that category in the 
specified area.
    The Regional Administrator has determined that the remaining 
allocation amounts in Table 9 will be necessary as incidental catch to 
support other anticipated groundfish fisheries for the 2004 fishing 
year:

                   TABLE 9.--Directed Fishing Closures
                      [Amounts are in metric tons]
------------------------------------------------------------------------
                                                              Incidental
                Area                         Species            catch
                                                                amount
------------------------------------------------------------------------
Bogoslof District:
                                     Pollock...............           50
Aleutian Islands subarea:
                                     Pollock...............        1,000
 
                                     ``Other rockfish''....          426
Bering Sea subarea:
                                     Pacific ocean perch...        1,197
                                     ``Other rockfish''....          587
Bering Sea and Aleutian Islands:
                                     Northern rockfish.....        4,625
                                     Shortraker rockfish...          486
                                     Rougheye rockfish.....          181
                                     ``Other Species''.....       23,124
------------------------------------------------------------------------

    Consequently, in accordance with Sec.  679.20(d)(1)(i), the 
Regional Administrator establishes the directed fishing allowances for 
the above species or species groups as zero.
    Therefore, in accordance with Sec.  679.20(d)(1)(iii), NMFS is 
prohibiting directed fishing for these species in the specified areas 
and these closures are effective immediately through 2400 hrs, A.l.t., 
December 31, 2004.
    In addition, the BSAI Zone 1 annual red king crab allowance 
specified for the trawl rockfish fishery (see Sec.  
679.21(e)(3)(iv)(D)) is 0 mt and the BSAI first seasonal halibut 
bycatch allowance specified for the trawl rockfish fishery is 0 mt. The 
BSAI annual halibut bycatch allowance specified for the trawl Greenland 
turbot/arrowtooth flounder/sablefish fishery categories is 0 mt (see 
Sec.  679.21(e)(3)(iv)(C)). Therefore, in accordance with Sec.  
679.21(e)(7)(ii) and (v), NMFS is prohibiting directed fishing for 
rockfish by vessels using trawl gear in Zone 1 of the BSAI and directed 
fishing for Greenland turbot/arrowtooth flounder/sablefish by vessels 
using trawl gear in the BSAI effective immediately through 2400 hrs, 
A.l.t., December 31, 2004. NMFS is also

[[Page 9251]]

prohibiting directed fishing for rockfish outside Zone 1 in the BSAI 
through 1200 hrs, A.l.t., July 4, 2004.
    Under authority of the interim 2004 harvest specifications (68 FR 
68265, December 8, 2003), NMFS prohibited directed fishing for Atka 
mackerel in the Eastern Aleutian District and the Bering Sea subarea of 
the BSAI effective 1200 hrs, A.l.t., January 22, 2004, through 1200 
hrs, A.l.t., September 1, 2004 (69 FR 2850, January 21, 2004). NMFS 
opened the first directed fisheries in the HLA in area 542 and area 543 
effective 1200 hrs, A.l.t., January 24, 2004. The first HLA fishery in 
area 542 remained open through 1200 hrs, A.l.t., February 2, 2004 (69 
FR 5298, February 4, 2004) and in area 543 remained open through 1200 
hrs, A.l.t., January 30, 2004. The second directed fisheries in the HLA 
in area 542 and area 543 opened effective 1200 hrs, A.l.t., February 4, 
2004. The second HLA fishery in area 542 and area 543 remained open 
through 1200 hrs, A.l.t., February 13, 2004. NMFS prohibited directed 
fishing for CDQ reserve amounts of shortraker/rougheye rockfish and 
northern rockfish in the Bering Sea subarea and ``other species'' in 
the BSAI effective 1200 hrs, A.l.t., January 1, 2004 (68 FR 75147, 
December 30, 2003). NMFS prohibited directed fishing for Pacific cod by 
catcher vessels 60 feet length overall and longer using pot gear in the 
BSAI, effective 12 noon, Alaska local time, February 15, 2004 (69 FR 
7703, February 19, 2004). NMFS also prohibited directed fishing for 
rock sole/flathead sole/'other flatfish'' by vessels using trawl gear 
in the BSAI, effective 12 noon, Alaska local time, February 24, 2004.
    These closures remain effective under authority of these final 2004 
harvest specifications. These closures supersede the closures announced 
under the authority of the 2004 interim specifications (68 FR 68265, 
December 8, 2003). While these closures are in effect, the maximum 
retainable amounts at Sec.  679.20(e) and (f) apply at any time during 
a fishing trip. These closures to directed fishing are in addition to 
closures and prohibitions found in regulations at 50 CFR 679. In the 
BSAI, ``other rockfish'' includes Sebastes and Sebastolobus species 
except for Pacific ocean perch, shortraker, rougheye, and northern 
rockfish.

Bering Sea Subarea Inshore Pollock Allocations

    Regulations at Sec.  679.4(l) set forth procedures for AFA inshore 
catcher vessel pollock cooperatives to apply for and receive 
cooperative fishing permits and inshore pollock allocations. Table 10 
lists the pollock allocations to the seven inshore catcher vessel 
pollock cooperatives based on 2004 cooperative allocations that have 
been approved and permitted by NMFS for the 2004 fishing year. 
Allocations for cooperatives and vessels not participating in 
cooperatives are not made for the Aleutian Islands subarea because the 
Aleutian Islands subarea has been closed to directed fishing for 
pollock.

                       Table 10.--2004 Bering Sea Subarea Inshore Cooperative Allocations
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                           Sum of member
                                                         vessel's official    Percentage of          Annual
          Cooperative name and member vessels             catch histories     inshore sector      cooperative
                                                                \1\             allocation         allocation
----------------------------------------------------------------------------------------------------------------
Akutan Catcher Vessel Association......................            245,527             28.085            182,433
    Aldebaran, Arctic Explorer, Arcturus, Blue Fox,
     Cape Kiwanda, Columbia, Dominator, Exodus, Flying
     Cloud, Golden Dawn, Golden Pisces, Hazel Lorraine,
     Intrepid Explorer, Leslie Lee, Lisa Melinda,
     Majesty, Marcy J, Margaret Lyn, Nordic Explorer,
     Northern Patriot, Northwest Explorer, Pacific Ram,
     Pacific Viking, Pegasus, Peggy Jo, Perseverance,
     Predator, Raven, Royal American, Seeker,
     Sovereignty, Traveler, Viking Explorer............
Arctic Enterprise Association..........................             36,807              4.210             27,348
    Bristol Explorer, Ocean Explorer, Pacific Explorer.
Northern Victor Fleet Cooperative......................             73,656              8.425             54,729
    Anita J, Collier Brothers, Commodore, Excalibur II,
     Goldrush, Half Moon Bay, Miss Berdie, Nordic Fury,
     Pacific Fury, Poseidon, Royal Atlantic, Sunset
     Bay, Storm Petrel.................................
Peter Pan Fleet Cooperative............................             18,693              2.138             13,889
    Amber Dawn, American Beauty, Elizabeth F, Morning
     Star, Ocean Leader, Oceanic, Providian, Topaz,
     Walter N..........................................
Unalaska Cooperative...................................            106,737             12.209             79,309
    Alaska Rose, Bering Rose, Destination, Great
     Pacific, Messiah, Morning Star, Ms Amy, Progress,
     Sea Wolf, Vanguard, Western Dawn..................
UniSea Fleet Cooperative...............................            202,479             23.161            150,447
    Alsea, American Eagle, Argosy, Auriga, Aurora,
     Defender, Gun-Mar, Mar-Gun, Nordic Star, Pacific
     Monarch, Seadawn, Starfish, Starlite..............
Westward Fleet Cooperative.............................            189,942             21.727            141,132
    A.J., Alaskan Command, Alyeska, Arctic Wind,
     Caitlin Ann, Chelsea K, Dona Martita, Fierce
     Allegiance, Hickory Wind, Ocean Hope 3, Pacific
     Challenger, Pacific Knight, Pacific Prince,
     Starward, Viking, Westward I......................
Open access AFA vessels................................                395              0.045                294
                                                        --------------------
        Total inshore allocation.......................            874,238                100            649,580
----------------------------------------------------------------------------------------------------------------
\1\ According to regulations at Sec.   679.62(e)(1), the individual catch history for each vessel is equal to
  the vessel's best 2 of 3 years inshore pollock landings from 1995 through 1997 and includes landings to
  catcher/processors for vessels that made 500 or more mt of landings to catcher/processors from 1995 through
  1997.

    According to regulations at Sec.  679.20(a)(5)(i)(A)(3), NMFS must 
subdivide the inshore sector allocation into allocations for 
cooperatives and for inshore open access. In addition, according to 
regulations at Sec.  679.22(a)(7)(vii), NMFS must establish harvest 
limits inside the SCA and provide a set-aside so that catcher

[[Page 9252]]

vessels less than or equal to 99 ft (30.2 m) LOA have the opportunity 
to operate entirely within the SCA until April 1. Accordingly, Table 11 
lists the apportionment of the Bering Sea subarea inshore pollock 
allocation into allocations for vessels fishing in a cooperative and 
for vessels fishing for the inshore open access allocation and 
establishes a cooperative-sector SCA set-aside for AFA catcher vessels 
less than or equal to 99 ft (30.2 m) LOA. The SCA set-aside for catcher 
vessels less than or equal to 99 ft (30.2 m) LOA that are not 
participating in a cooperative will be established inseason based on 
actual participation levels and is not included in Table 11.

Table 11.--2004 Bering Sea Subarea Pollock Allocations to the Cooperative and Open Access Sectors of the Inshore
                                                 Pollock Fishery
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                             A season TAC        A season inside SCA\1\        B season TAC
----------------------------------------------------------------------------------------------------------------
Inshore cooperative sector:
    Vessels > 99 ft..................                      n/a                  156,242                      n/a
    Vessels [le] 99 ft...............                      n/a                   25,558                      n/a
        Total........................                  259,714                  181,800                  389,572
    Open access sector...............                      118                    82\2\                      176
        Total inshore sector.........                  259,832                  181,882                 389,748
----------------------------------------------------------------------------------------------------------------
\1\ The Steller sea lion conservation area (SCA) is established at Sec.   679.22(a)(7)(vii).
\2\ The SCA limitations for vessels less than or equal to 99 ft LOA that are not participating in a cooperative
  will be established on an inseason basis in accordance with Sec.   679.22(a)(7)(vii)(C)(2) which specifies
  that ``the Regional Administrator will prohibit directed fishing for pollock by vessels greater than 99 ft
  (30.2 m) LOA, catching pollock for processing by the inshore component before reaching the inshore SCA harvest
  limit before April 1 to accommodate fishing by vessels less than or equal to 99 ft (30.2 m) inside the SCA
  until April 1.''

Listed AFA Catcher/Processor Sideboard Limits

    Under regulations at Sec.  679.64(a), the Regional Administrator 
restricts the ability of listed AFA catcher/processors to engage in 
directed fishing for groundfish species other than pollock to protect 
participants in other groundfish fisheries from adverse effects 
resulting from the AFA and from fishery cooperatives in the directed 
pollock fishery. The basis for these sideboard limits is described in 
detail in the final rule implementing major provisions of the AFA (67 
FR 79692, December 30, 2002). The 2004 catcher/processor sideboard 
limits are set out in Table 12.
    All groundfish other than pollock that are harvested by listed AFA 
catcher/processors, whether as targeted catch or incidental catch, will 
be deducted from the sideboard limits in Table 12. However, groundfish 
other than pollock that are delivered to listed catcher/processors by 
catcher vessels will not be deducted from the 2004 sideboard limits for 
the listed catcher/processors.

                            Table 12.--2004 Listed BSAI American Fisheries Act Catcher/Processor Groundfish Sideboard Limits
                                                              [Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             1995-1997
                                                                         ------------------------------------------------    2004 ITAC       2004 C/P
              Target species                            Area                                                 Ratio of      available to      sideboard
                                                                          Retained catch    Total catch   Retained catch/   trawl C/Ps         limit
                                                                                                           Available TAC
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific cod trawl.........................  BSAI........................          12,424          48,177           0.258          46,844          12,080
Sablefish trawl...........................  BS..........................               8             497           0.016           1,232              20
                                            AI..........................               0             145           0.000             659               0
Atka mackerel.............................  Western AI..................  ..............  ..............  ..............  ..............  ..............
                                              A season \1\..............             n/a             n/a           0.200           9,555           1,911
                                               HLA limit \2\............  ..............  ..............  ..............  ..............           1,147
                                              B season..................             n/a             n/a           0.200           9,555           1,911
                                               HLA limit................  ..............  ..............  ..............  ..............           1,147
                                            Central AI..................  ..............  ..............  ..............  ..............  ..............
                                              A season \1\..............             n/a             n/a           0.115          28,768           3,308
                                               HLA limit................  ..............  ..............  ..............  ..............           1,985
                                              B season..................             n/a             n/a           0.115          28,768           3,308
                                               HLA limit................  ..............  ..............  ..............  ..............           1,985
Yellowfin sole............................  BSAI........................         100,192         435,788           0.230          73,164          16,821
Rock sole.................................  BSAI........................           6,317         169,362           0.037          34,850           1,300
Greenland turbot..........................  BS..........................             121          17,305           0.007           2,295              16
                                            AI..........................              23           4,987           0.005             680               3
Arrowtooth flounder.......................  BSAI........................              76          33,987           0.002          10,200              23
Flathead sole.............................  BSAI........................           1,925          52,755           0.036          16,150             589
Alaska plaice.............................  BSAI........................           3,243           9,438           0.344           9,250           3,178
Other flatfish............................  BSAI........................           3,243          52,298           0.062           2,775             172
Pacific ocean perch.......................  BS..........................              12           4,879           0.002           1,197               3
                                            Western AI..................              54          13,598           0.004           4,798              19
                                            Central AI..................               3           5,698           0.001           2,706               1
                                            Eastern AI..................             125           6,179           0.020           2,829              57
Northern rockfish.........................  BSAI........................              91          13,040           0.007           4,625              32
Shortraker rockfish.......................  BSAI........................              50           2,811           0.018             486               9
Rougheye rockfish.........................  BSAI........................              50           2,811           0.018             181               3

[[Page 9253]]

 
Other rockfish............................  BS..........................              18             621           0.029             426              12
                                            AI..........................              22             806           0.027             539              15
Squid.....................................  BSAI........................              73           3,328           0.022           1,084              24
Other species.............................  BSAI........................             553          68,672           0.008          23,124            186
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The seasonal apportionment of Atka mackerel in the open access fishery is 50 percent in the A season and 50 percent in the B season. Listed AFA
  catcher/processors are limited to harvesting no more than zero percent in the Eastern Aleutian District and Bering Sea subarea, 20 percent of the
  annual available TAC in the Western Aleutian District, and 11.5 percent of the annual available TAC in the Central Aleutian District.
\2\ Harvest Limit Area (HLA) limit refers to the amount of each seasonal allowance that is available for fishing inside the HLA (see Sec.   679.2). In
  2004, 60 percent of each seasonal allowance is available for fishing inside the HLA in the Western and Central Aleutian Districts.

    Regulations at Sec.  679.64(a)(5) establish a formula for PSC 
sideboard limits for listed AFA catcher/processors. These amounts are 
equivalent to the percentage of the PSC amounts taken in the groundfish 
fisheries for groundfish other than pollock by the AFA catcher/
processors listed in subsection 208(e) and section 209 of the AFA from 
1995 through 1997 (Table 13). These amounts were used to calculate the 
relative amount of PSC that was caught by pollock catcher/processors, 
that were then used to determine the PSC sideboard limits for listed 
AFA catcher/processors in the 2004 groundfish fisheries for groundfish 
other than pollock.
    PSC that is caught by listed AFA catcher/processors participating 
in any groundfish fishery for groundfish other than pollock listed in 
Table 13 would accrue against the 2004 PSC sideboard limits for the 
listed AFA catcher/processors. Regulations at Sec.  679.21(e)(3)(v) 
authorize NMFS to close directed fishing for groundfish other than 
pollock for listed AFA catcher/processors once a 2004 PSC sideboard 
limit listed in Table 13 is reached.
    Crab or halibut PSC that is caught by listed AFA catcher/processors 
while fishing for pollock will accrue against the bycatch allowances 
annually specified for either the midwater pollock or the pollock/Atka 
mackerel/``other species'' fishery categories under regulations at 
Sec.  679.21(e)(3)(iv).

  Table 13.--2004 BSAI American Fisheries Act Listed Catcher/Processor Prohibited Species Sideboard Limits \1\
----------------------------------------------------------------------------------------------------------------
                                                     1995-1997
                                 ------------------------------------------------    2004 PSC        2004 C/P
           PSC species                                             Ratio of PSC    available to      sideboard
                                     PSC catch       Total PSC    catch to total   trawl vessels       limit
                                                                        PSC
----------------------------------------------------------------------------------------------------------------
Halibut mortality...............             955          11,325           0.084           3,400             286
Red king crab...................           3,098         473,750           0.007         182,225           1,276
    C. opilio...................       2,323,731      15,139,178           0.153       4,023,750         615,634
    C. bairdi...................  ..............  ..............  ..............  ..............  ..............
        Zone 1..................         385,978       2,750,000           0.140         906,500         126,910
        Zone 2..................         406,860       8,100,000           0.050       2,747,250        137,363
----------------------------------------------------------------------------------------------------------------
\1\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.

AFA Catcher Vessel Sideboard Limits

    Under regulations at Sec.  679.64(a), the Regional Administrator 
restricts the ability of AFA catcher vessels to engage in directed 
fishing for groundfish species other than pollock to protect 
participants in other groundfish fisheries from adverse effects 
resulting from the AFA and from fishery cooperatives in the directed 
pollock fishery.
    Regulations at Sec.  679.64(b) establish formulas for setting AFA 
catcher vessel groundfish and PSC sideboard limits for the BSAI. The 
basis for these sideboard limits is described in detail in the final 
rule implementing major provisions of the AFA (67 FR 79692, December 
30, 2002). The 2003 AFA catcher vessel sideboard limits are shown in 
Tables 14 and 15.
    All harvests of groundfish sideboard species made by non-exempt AFA 
catcher vessels, whether as targeted catch or incidental catch, will be 
deducted from the sideboard limits listed in Table 14.

                   Table 14.--2004 BSAI American Fisheries Act Catcher Vessel Sideboard Limits
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                           Ratio of 1995-
                                     Fishery by area/    1997 AFA CV catch                        2004 catcher
             Species                 season/processor/    to 1995-1997 TAC   2004 initial TAC   vessel sideboard
                                           gear                                                      limits
----------------------------------------------------------------------------------------------------------------
Pacific cod                        BSAI................  .................  .................  .................

[[Page 9254]]

 
                                     jig gear..........             0.0000              3,987                  0
                                     hook-and-line CV..  .................  .................  .................
                                      Jan 1-Jun 10.....             0.0006                182                  0
                                      Jun 10-Dec 31....             0.0006                121                  0
                                     Pot gear CV.......  .................  .................  .................
                                      Jan 1-Jun 10.....             0.0006              9,105                  5
                                      Sept 1-Dec 31....             0.0006              6,070                  4
                                     CV < 60 feet LOA..             0.0006              1,252                  1
                                   using hook-and-line   .................  .................  .................
                                    or pot gear.
                                     trawl gear CV.....  .................  .................  .................
                                      Jan 20-Apr 1.....             0.8609             32,791             28,230
                                      Apr 1-Jun 10.....             0.8609              4,684              3,608
                                      Jun 10-Nov 1.....             0.8609              9,369              7,217
Sablefish........................  BS trawl gear.......             0.0906              1,232                112
                                   AI trawl gear.......             0.0645                659                 43
Atka mackerel....................  Eastern AI/BS.......  .................  .................  .................
                                     jig gear..........             0.0031                104                  0
                                     other gear........  .................  .................  .................
                                      Jan 1-Apr 15.....             0.0032              5,147                 16
                                      Sept 1-Nov 1.....             0.0032              5,147                 16
                                   Central AI..........  .................  .................  .................
                                      Jan-Apr 15.......             0.0001             28,768                  3
                                       HLA limit.......             0.0001              8,630                  1
                                      Sept 1-Nov 1.....             0.0001             28,768                  3
                                       HLA limit.......             0.0001              8,630                  1
                                   Western AI..........  .................  .................  .................
                                      Jan-Apr 15.......                  0              9,555                  0
                                       HLA limit.......             0.0000              5,733                  0
                                      Sept 1-Nov 1.....                  0              9,555                  0
                                       HLA limit.......                  0              5,733                  0
Yellowfin sole...................  BSAI................             0.0647             73,164              4,734
Rock sole........................  BSAI................             0.0341             34,850              1,188
Greenland turbot.................  BS..................             0.0645              2,295                148
                                   AI..................             0.0205                680                 14
Arrowtooth flounder..............  BSAI................             0.0690             10,200                704
Alaska plaice....................  BSAI................             0.0441              8,500                375
Other flatfish...................  BSAI................             0.0441              2,550                112
Pacific ocean perch..............  BS..................             0.1000              1,197                120
                                   Eastern AI..........             0.0077              2,829                 22
                                   Central AI..........             0.0025              2,706                  7
                                   Western AI..........             0.0000              4,798                  0
Northern rockfish................  BS..................             0.0084              4,625                 39
Shortraker rockfish..............  BSAI................             0.0037                486                  2
Rougheye rockfish................  BSAI................             0.0037                181                  1
Other rockfish...................  BS..................             0.0048                426                  2
                                   AI..................             0.0095                587                  6
Squid............................  BSAI................             0.3827              1,084                415
Other species....................  BSAI................             0.0541             23,124              1,251
Flathead sole....................  BS trawl gear.......             0.0505             16,150                816
----------------------------------------------------------------------------------------------------------------

    The AFA catcher vessel PSC limit for halibut and each crab species 
in the BSAI for which a trawl bycatch limit has been established will 
be a portion of the PSC limit equal to the ratio of aggregate retained 
groundfish catch by 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. For the BSAI, the PSC sideboard 
limits for AFA catcher vessels are listed in Table 15.
    Halibut and crab PSC that are caught by AFA catcher vessels 
participating in any groundfish fishery for groundfish other than 
pollock listed in Table 15 will accrue against the 2004 PSC sideboard 
limits for the AFA catcher vessels. Regulations at Sec.  679.21(d)(8) 
and (e)(3)(v) provide authority to close directed fishing for 
groundfish for groundfish other than pollock for AFA catcher vessels 
once a 2004 PSC sideboard limit listed in Table 15 for the BSAI is 
reached. PSC that is caught by AFA catcher vessels while fishing for 
pollock in the BSAI will accrue against the bycatch allowances annually 
specified for either the midwater pollock or the pollock/Atka mackerel/
``other species'' fishery categories under regulations at Sec.  
679.21(e).

[[Page 9255]]



Table 15.--2004 American Fisheries Act Catcher Vessel Prohibited Species Catch Sideboard Limits for the BSAI \1\
----------------------------------------------------------------------------------------------------------------
                                                                             Ratio of
                                                                            1995-1997
                                                                              AFA CV                   2004 AFA
                                                                             retained     2004 PSC     catcher
               PSC species                  Target fishery category \2\      catch to      limit      vessel PSC
                                                                              total                   sideboard
                                                                             retained                   limit
                                                                              catch
----------------------------------------------------------------------------------------------------------------
Halibut.................................  Pacific cod trawl..............       0.6183        1,434          887
                                          Pacific cod hook-and-line or          0.0022          775            2
                                           pot.
                                          Yellowfin sole.................       0.1144          886          101
                                          Rock sole/flat. sole/other            0.2841          779          221
                                           flatfish \5\.
                                          Turbot/Arrowtooth/Sablefish....       0.2327            0            0
                                          Rockfish.......................       0.0245           69            2
                                          Pollock/Atka mackerel/Other           0.0227          232            5
                                           species.
Red King Crab, Zone 1 \4\...............  Pacific cod....................       0.6183       26,563       16,424
                                          Yellowfin sole.................       0.1144       33,843        3,872
                                          Rock sole/flat. sole/other            0.2841      121,413       34,493
                                           flatfish \5\.
                                          Pollock/Atka mackerel/Other           0.0227          406            9
                                           species.
C. opilio, COBLZ \3\....................
                                          Pacific cod....................       0.6183      124,736       77,124
                                          Yellowfin sole.................       0.1144    2,776,981      317,687
                                          Rock sole/flat. sole/other            0.2841      969,130      275,330
                                           flatfish \5\.
                                          Pollock/Atka mackerel/Other           0.0227       72,428        1,644
                                           species.
                                          Rockfish.......................       0.0245       40,237          986
                                          Turbot/Arrowtooth/Sablefish....       0.2327       40,238        9,363
C. bairdi, Zone 1.......................
                                          Pacific cod....................       0.6183      183,112      113,218
                                          Yellowfin sole.................       0.1144      340,844       38,993
                                          Rock sole/flat. sole/other            0.2841      365,320      103,787
                                           flatfish \5\.
                                          Pollock/Atka mackerel/Other           0.0227       17,224          391
                                           species.
C. bairdi, Zone 2.......................
                                          Pacific cod....................       0.6183      324,176      200,438
                                          Yellowfin sole.................       0.1144    1,788,459      204,600
                                          Rock sole/flat. sole/other            0.2841      596,154      169,367
                                           flatfish \5\.
                                          Pollock/Atka mackerel/Other           0.0227       27,473          624
                                           species.
                                          Rockfish.......................       0.0245       10,988         269
----------------------------------------------------------------------------------------------------------------
\1\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
\2\ Target fishery categories are defined in regulation at Sec.   679.21(e)(3)(iv).
\3\ C. opilio Bycatch Limitation Zone. Boundaries are defined at Figure 13 of 50 CFR part 679.
\4\ In December 2003, the Council recommended that red king crab bycatch for trawl fisheries within the RKCSS be
  limited to 35 percent of the total allocation to the rock sole/flathead sole/``other flatfish'' fishery
  category (see Sec.   679.21(e)(3)(ii)(B)).
\5\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
  species), Greenland turbot, rock sole, yellowfin sole, arrowtooth flounder.

Sideboard Directed Fishing Closures

AFA Catcher/Processor and Catcher Vessel Sideboard Closures

    The Regional Administrator has determined that many of the AFA 
catcher/processor and catcher vessel sideboard limits listed in Tables 
12 and 14 are necessary as incidental catch to support other 
anticipated groundfish fisheries for the 2004 fishing year. In 
accordance with Sec.  679.20(d)(1)(iv), the Regional Administrator 
establishes the sideboard limits listed in Tables 12 and 14 as directed 
fishing allowances. The Regional Administrator finds that many of these 
directed fishing allowances will be reached before the end of the year. 
Therefore, in accordance with Sec.  679.20(d)(1)(iii), NMFS is 
prohibiting directed fishing by listed AFA catcher/processors for the 
species in the specified areas set out in Table 16 and directed fishing 
by non-exempt AFA catcher vessels for the species in the specified 
areas set out in Table 17.

       Table 16.--American Fisheries Act Listed Catcher/Processor Sideboard Directed Fishing Closures \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                                      Incidental
                 Species                               Area                       Gear types             catch
                                                                                                        amount
----------------------------------------------------------------------------------------------------------------
Sablefish trawl..........................  BS..........................  Trawl......................          20
                                           AI..........................  Trawl......................           0
Rock sole................................  BSAI........................  all........................       1,300
Greenland turbot.........................  BS..........................  all........................          16
                                           AI..........................  all........................           3
Arrowtooth flounder......................  BSAI........................  all........................          23
Pacific ocean perch......................  BS..........................  all........................           3
                                           Western AI..................  all........................          19
                                           Central AI..................  all........................           1
                                           Eastern AI..................  all........................          57

[[Page 9256]]

 
Northern rockfish........................  BSAI........................  all........................          32
Shortraker rockfish......................  BSAI........................  all........................           9
Rougheye rockfish........................  BSAI........................  all........................           3
Other rockfish...........................  BS..........................  all........................          12
                                           AI..........................  all........................          15
Squid....................................  BSAI........................  all........................          24
``Other species''........................  BSAI........................  all........................         186
----------------------------------------------------------------------------------------------------------------


            Table 17.--American Fisheries Act Catcher Vessel Sideboard Directed Fishing Closures \1\
                                          [Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                                                                      Incidental
                 Species                               Area                       Gear types             catch
                                                                                                        amount
----------------------------------------------------------------------------------------------------------------
Pacific cod..............................  BSAI........................  hook-and-line..............           0
                                           BSAI........................  pot........................           9
                                           BSAI........................  jig........................           0
Sablefish................................  BS..........................  trawl......................         112
                                           AI..........................  trawl......................          43
Atka mackerel............................  Eastern AI/BS...............  jig........................           0
                                           Eastern AI/BS...............  other......................          16
                                           Central AI..................  all........................           3
                                           Western AI..................  all........................           3
Greenland Turbot.........................  BS..........................  all........................         148
                                           AI..........................  all........................          14
Arrowtooth flounder......................  BSAI........................  all........................         704
Pacific ocean perch......................  BS..........................  all........................         120
                                           Western AI..................  all........................          22
                                           Central AI..................  all........................           7
                                           Eastern AI..................  all........................           0
Northern rockfish........................  BSAI........................  all........................          39
Shortraker rockfish......................  BSAI........................  all........................           2
Rougheye rockfish........................  BSAI........................  all........................           1
Other rockfish...........................  BS..........................  all........................           2
                                           AI..........................  all........................           6
Squid....................................  BSAI........................  all........................         415
``Other species''........................  BSAI........................  all........................       1,251
----------------------------------------------------------------------------------------------------------------

Response to Comments

    NMFS received one letter of comment in response to the EA and the 
SAFE reports for the 2004 harvest specifications. The letter contained 
17 separate comments that are summarized and responded to below.
    Comment 1. NMFS has only a revised draft Programmatic level 
Environmental Impact Statement (PSEIS) and will be implementing the 
2004 harvest specifications without proper National Environmental 
Policy Act compliance. This is troubling considering the impacts of 
spatial, temporal, and bycatch trends of fisheries, especially in 
sensitive habitat areas subject to damage and in Northern fur seal and 
Steller sea lion habitat.
    Response. NMFS prepared a Supplemental Environmental Impact 
Statement (SEIS) for Steller sea lions and is in the process of 
preparing a PSEIS for Alaska Groundfish Fisheries and a SEIS for 
Essential Fish Habitat Identification and Conservation in Alaska, with 
records of decisions no later than September 1, 2004 and August 13, 
2005, respectively. The EA for the 2004 TAC specifications has an 
extensive appendix on ecosystem considerations for 2004 which are 
increasingly drawn upon by individual stock assessment authors in the 
preparation of the EA that supports the annual harvest specifications. 
This takes into account the best and most recent scientific information 
available upon which to base decisions.
    Trawl closures have been implemented to protect benthic habitat or 
reduce PSC. Some of the trawl closures are in effect year-round while 
others are seasonal. In general, year-round trawl closures have been 
implemented to protect vulnerable benthic habitat. Seasonal closures 
are used to reduce PSC by closing areas where and when PSC rates had 
historically been high. Additional measures to protect the declining 
western stocks of the Steller sea lion began in 1991 with restrictions 
based on rookery and haulout location. In 2003 the current spatial and 
temporal protection measures were implemented (68 FR 204, January 2, 
2003). The Council is also in the process of developing habitat areas 
of particular concern (HAPC) which are areas of special importance that 
may require additional protection from adverse effects. The Council 
accepted proposals for initial HAPC designations through January 10, 
2004. Although designed to protect Steller sea lions and benthic 
habitat these protection measures will also protect fur seals from 
fishing effects.

[[Page 9257]]

    Comment 2. NOAA Fisheries should ``undertake a systematic review of 
rockfish management, and incorporate the recommendations of the 
nation's leading fisheries biologists in the American Fisheries Society 
(AFS) Policy Statement 31d: Management of Pacific Rockfish.'' In 
particular, this policy statement recommends:
    a. Collection of catch information on a single-species basis;
    b. Management targets on a single-species basis, including species 
taken as bycatch;
    c. Accurate studies of discards at sea, and reduction of rockfish 
discards;
    d. Adequate fishery-independent surveys;
    e. Marine protected areas (MPAs) to protect habitat and promote 
recovery of the stocks;
    f. Reductions on fishing mortality.
    Response. NMFS recognizes the importance of these policy 
recommendations and is either consistent with or moving towards these 
management goals. Although the AFS policy statement (Parker et al. 
2000) pertains to all ``Pacific rockfish'' in U.S. waters, including 
Alaska, it is important to recognize the specific policy 
recommendations above were largely influenced by the particular 
management structure and declining stocks off the coast of Washington, 
Oregon, and California (Parker et al. 2000), which differs considerably 
from the status of stocks and management procedures for rockfish in the 
EEZ off Alaska. NMFS recognizes the importance of collecting catch 
information and establishing management targets on a single species 
basis. For example, all of the species within the former ``other red 
rockfish'' category are now managed with single-species harvest quotas. 
Observer data are used to estimate discard amounts of these and other 
species and are included in the stock assessment methodology.
    NMFS has conducted fishery independent surveys in the Aleutian 
Islands since 1990, and additional cooperative U.S.--Japanese surveys 
occurred in the 1980s. In general, rockfish stocks are difficult to 
survey with standard trawl gear and survey designs because of the 
patchiness of their distributions and, in some cases, the roughness of 
the habitat in which they live. These factors have combined to produce 
rockfish biomass estimates with high coefficients of variation and 
substantial year to year variability in biomass estimates. NMFS is 
exploring new survey methodology that uses hydroacoustic information to 
locate patches of rockfish, which can then be used to influence the 
location of trawl tows. Some field work evaluating this method was 
conducted in the summer of 2003 near the Pribilof Islands, with the 
goal of evaluating the potential for improving estimates of eastern 
Bering Sea Pacific ocean perch and northern rockfish. Additional work 
must be done to evaluate this approach before it is adopted.
    The AFS recommendation for reductions in fishing mortality is 
largely directed towards U.S. west coast rockfish stocks, as the AFS 
policy statement indicates that the Council ``has taken a conservative 
approach to rockfish management and no species are considered 
overfished in Alaska'' (Parker et al. 2000). Since the publication of 
the AFS policy statement on Pacific rockfish in 2000, management of 
BSAI rockfish has become more conservative due to the diminished use of 
multispecies assemblages.
    Establishment of MPAs will require knowledge of the spatial 
distribution patterns for rockfish, particularly the pelagic larval 
stage. The creation of MPAs that are inconsistent with the mobility of 
rockfish would likely greatly reduce the effectiveness (Walters and 
Bonfil 1999), and little is known about the spawning locations or the 
extent of larval drift of Alaskan rockfish. Again, the reference to 
promoting recovery of stocks in the AFS recommendation for MPAs is 
directed towards west coast rockfish, as no species or species 
assemblage of rockfish in the EEZ off Alaska is currently overfished. 
As a management tool for reducing fishing mortality, it is unclear 
whether closed areas would simply redirect the same amount of fishing 
effort into smaller spatial areas, and thereby exacerbate the potential 
for localized depletions. The use of MPAs to protect habitat is 
recognized, and the Council has recently solicited proposals for 
closure areas that would protect Habitat Areas of Particular Concern 
(HAPC).
    Comment 3. No real conservation measures have been put into place 
to address the shortcomings of conventional fisheries management with 
regard to rockfish species.
    Response. Several changes have been implemented to improve 
fisheries management of rockfish species, particularly in the BSAI. 
First, harvest quotas no longer are being applied across the ``other 
red rockfish'' species complex, thus eliminating the possibility of 
disproportionate harvests across species within the complex. In fact, 
all species that formerly comprised the ``other red rockfish'' complex 
are now managed with single-species harvest quotas, consistent with the 
AFS policy recommendations. This conservation measure has required 
substantial changes in the way some rockfish, such as shortraker and 
rougheye rockfish, have been classified by fishery observers. 
Associated with this change are improvements in assessment methodology 
that use more information to establish harvest recommendations, as 
discussed in the response to comment 2.
    Second, only Pacific ocean perch is open to directed fishing in the 
BSAI, other rockfish species are closed to directed fishing. Retained 
catch of these species by vessels is limited by maximum retainable 
allowances, which constrain the amount of incidental catch that can be 
retained by a vessel as a percentage of the target species. Prior to 
1998, the incidental catch allowance was applied to all rockfish in 
aggregate and was 15 percent of the target species. Since 1998, 
shortraker/rougheye were assigned their own maximum retainable 
allowance, which was lowered to 7 percent for deep water target 
fisheries and 2 percent for shallow water target fisheries. This 
conservation measure was put into place to reduce the likelihood of 
exceeding the ABC for rockfish complexes.
    Comment 4. Population declines of BSAI shortraker and rougheye 
rockfish have not been addressed or tempered in any way.
    Response. In assessments for previous years, the rougheye and 
shortraker rockfish biomass was estimated as an average of the recent 
survey estimates, and the survey estimates from the 1980s were not used 
in the biomass calculation. As discussed in the current assessment, the 
survey estimates from the 1980s were conducted with considerably 
different gear and methodology than the survey estimates beginning in 
1990. Because the stock assessment has now evolved to fit a biological 
model to a time series of data, the data from the 1980s were used to 
obtain some information on stock size during the 1980s. However, the 
differences in survey methodology must be considered when evaluating 
this trend, as discussed in the current assessment. In any event, the 
recent biomass estimates are the most relevant to the current stock 
status, and the survey estimates from 1990 show a generally flat trend.
    Comment 5. It is not clear why subarea TACs no longer exist for 
shortraker and rougheye rockfish in the BSAI.
    Response. TACs are generally used to prevent disproportionate 
harvesting on a localized subpopulation. For rougheye and shortraker 
rockfish, it is not clear

[[Page 9258]]

whether fish in the Bering Sea subarea represent a distinct 
subpopulation separate from the Aleutian Islands subarea. As mentioned 
in the SAFE chapter, weak population structure has been observed for 
rougheye rockfish. However, caution should be exercised when making 
inferences on population units from genetic data which is based upon 
relatively low sample sizes (Gharrett, 2003). For shortraker rockfish, 
population structure has been observed roughly on the same scale as our 
current management areas, with a large Aleutian Islands group (Matala 
et al. in press). Bering Sea samples were not available for the 
analysis. Given the eastward flowing currents north of the Aleutian 
chain, one would not expect boundaries of genetic population units to 
coincide with the boundary of the Bering Sea and Aleutian Islands 
subareas.
    Additionally, it is not clear that establishment of area-specific 
TACs would change operations within the fishery. An area-specific TAC 
would prevent targeting upon a species by prohibiting retention once 
the TAC has been reached. However, rougheye and shortraker rockfish are 
not subject to directed fisheries in either the Bering Sea or Aleutian 
Islands subareas.
    Comment 6. The declining trend in rougheye biomass in the BSAI is 
due to overexploitation.
    Response. As mentioned in the response to comment 4, recent survey 
estimates show a generally flat trend in rougheye biomass. In past 
years, rougheye rockfish were managed either as part of the ``rougheye/
shortraker'' complex or the ``other red rockfish'' complex. However, 
the OFL for either of these complexes was not exceeded. NMFS recognizes 
the risk of disproportionate harvest within a species complex and has 
implemented the management changes outlined above; namely, single 
species harvest recommendations and more restrictive maximum retainable 
allowances. These efforts have reduced estimated rougheye rockfish 
mortality rates since 2001.
    Comment 7. The Bering Sea subarea catch data for northern rockfish 
are omitted from the assessment, thus the implications of fishing 
without a separate Bering Sea subarea ABC, TAC, and OFL are difficult 
for the public to discern. It is unclear why the Council and the SSC 
aggregated the TAC BSAI-wide instead of separately for the Bering Sea 
and Aleutian Islands subareas.
    Response. The catch of northern rockfish within the Bering Sea 
subarea is assessed in Table 12.1 in the SAFE report. The same 
considerations applied to the shortraker/rougheye example in comment 5 
are pertinent here as well. As discussed in the current assessment, the 
limited genetic information available for northern rockfish does not 
indicate population structure. The establishment of area-specific TACs 
would prevent retention once the TAC has been reached. However, 
northern rockfish are a bycatch species with very high discard rates in 
both the Bering Sea and Aleutian Islands subareas, so it would appear 
unlikely that the establishment of area specific TACs would alter 
fishing practices.
    Comment 8. A comparison of Bering Sea subarea rockfish catch with 
potential Bering Sea subarea ABC and OFL levels reveals 
disproportionate harvests, and this comparison was omitted in the 
current assessment.
    Response. The comparisons the comment refers to pertain to 2001 and 
earlier, when rockfish were managed with separate OFLs in the Bering 
Sea and Aleutian Islands subareas. Since that time, the view of the 
assessment authors, Plan Team, SSC, and Council has been that 
establishment of these separate OFLs and management units should be 
based upon biological information on population structure, and, as 
mentioned above, the available data do not suggest distinct populations 
between the Bering Sea and Aleutian Islands subareas. The commentator 
is correct in stating that disproportionate harvests may occur in some 
spatial areas within a single population. However, over 95 percent of 
both the catches and survey biomass occur within the Aleutian Islands 
subarea. The generally small population sizes in the Bering Sea subarea 
have resulted in increased uncertainty in population estimates in this 
area, and caution should be applied when comparing Bering Sea subarea 
catches with Bering Sea subarea survey biomass estimates for northern 
rockfish.
    Comment 9. NMFS has failed to respond to the SSC's April 2003 
discussion on whether a more conservative harvest rate (F50 percent) 
would be desirable for rockfish species in the GOA and BSAI, and the 
specific request that the agency evaluate the harvest strategy for 
rockfishes during the TAC setting process.
    Response. An evaluation of the optimal rate for various rockfish 
species is dependent upon stock and recruitment data, and thus can only 
be applied to stocks for which age-structured models exist. In the 
BSAI, this includes Pacific ocean perch and northern rockfish. An 
analysis of this type was conducted for BSAI Pacific ocean perch and 
presented to the SSC and Council in December 2003, but the lack of 
contrast in estimated spawner stock size for BSAI northern rockfish 
precluded any informative analysis using this method. An analysis of 
optimal harvest rates for GOA stocks for which age structured data 
exists is pending.
    Including the analysis on BSAI Pacific ocean perch presented to the 
SSC in December 2003, several studies suggest that an F40 
percent harvest rate is not unduly aggressive for rockfish managed in 
the EEZ off Alaska (Dorn 2002, Ianelli and Heifetz 1995).
    Comment 10. The SAFE authors reviewed an uncertainty correction 
factor for rockfish species that created higher ABCs. This is 
incongruous with the challenge posed to NMFS to assess whether current 
harvest strategy is sufficiently conservative.
    Response. The applied uncertainty correction factor explicitly 
accounts for uncertainty in recruitment and stock size, and was part of 
a general process of evaluating potentially more conservative harvest 
rates for rockfish. The applied uncertainty correction factor was 
identical to that used in the Programmatic Supplemental Environmental 
Impact Statement. Although the control rule for applying the 
uncertainty correction factor did not result in a reduction of the 
FFabc level, it did not cause an increase in the 
FFabc level.
    Comment 11. It is unclear why NMFS has not undertaken measures to 
address high discard rates of northern rockfish in the BSAI.
    Response. From a biological perspective, the overriding concern is 
the effect of total removals from the fishery on the population, 
irrespective of the utilization of these removals. High levels of 
discards would certainly be problematic if they were not accounted for 
in the catch accounting methodology and led to underestimates of total 
harvest. However, the fishery observer coverage in the Aleutian Islands 
is generally thought to be sufficiently comprehensive to produce 
accurate records of total catch, including discards. Although it may be 
desirable to reduce northern rockfish bycatch in those fisheries where 
it occurs, this largely is an economic and utilization issue rather 
than a biological issue as long as total catch is below allowable 
harvest levels.
    It should be pointed out that the level of information on BSAI 
northern rockfish is now substantially more detailed than is typical 
for a bycatch species with high discard rates, and is thus consistent 
with the AFS policy recommendation of single-species management 
targets, including those species taken as bycatch. In contrast to 
previous years, where only survey

[[Page 9259]]

biomass was considered, the northern rockfish assessment now includes 
information on growth, maturity, longevity, and age and size 
composition in establishing harvest recommendations. This level of 
detail was made possible only after reading all the archived northern 
rockfish otoliths collected in previous surveys. These efforts to 
improve the assessment data and methodology for northern rockfish were 
motivated not by their current economic value in the fishery, but 
rather the recognition of their sensitive life history and the 
important role they play in the Aleutian Islands ecosystem. As a result 
of this improvement to the assessment, we have observed the encouraging 
finding that several strong year classes of have occurred in recent 
years. For further information on rockfish, please see the following 
publications.

Dorn, M.W. 2002. Advice on west coast rockfish harvest rates from 
Bayesian meta-analysis of stock-recruitment relationships. N. Am. J. 
Fish. Aquat. Sci. 22:280-300.
Gharrett, A.J. 2003. Population structure of rougheye, shortraker, and 
northern rockfish based on analysis of mitochondrial DNA variation and 
microsatellites: completion. Juneau Center of Fisheries and Ocean 
Sciences, University of Alaska-Fairbanks. 136 pp.
Ianelli, J.N. and J. Heifetz. 1995. Decision analysis of alternative 
harvest policies for Gulf of Alaska Pacific ocean perch fishery. Fish. 
Res. 24:35-63.
Matala, A.P., A.K. Gray, J. Heifetz, and A.J. Gharrett. In press. 
Population structure of Alaskan shortraker rockfish, Sebastes borealis, 
inferred from microsatellite variation. Env. Biol. Fish.
Parker, S.J. and 13 coauthors. 2000. Management of Pacific rockfish. 
Fisheries 25 (3): 22-30.
Walters, C.J. and R. Bonfil. 1999. Multispecies spatial assessment 
models for the British Columbia groundfish trawl fishery. Can. J. Fish. 
Aquat. Sci. 56:601-628.

    Comment 12. The BSAI SAFE report for ``other rockfish'' recommended 
assigning a separate OFL and ABC to shortspine thornyheads and leaving 
the remaining 7 rockfish species within the ``other rockfish'' complex 
but the Plan Team did not accept this recommendation in November 
because it was not raised in October. NMFS should break shortspine 
thornyheads out of the ``other rockfish'' category.
    Response. The assessment authors'' recommendation was based on the 
fact that shortspine thornyheads are the most abundant and valuable 
species in the complex and inhabit deeper regions of the shelf and 
slope than the other species. The authors recommend using Tier 5 
criteria to assign separate ABCs and OFLs in the EBS and AI for 
shortspine thornyheads, and using Tier 6 (average catch from 1998-2002) 
criteria for the remaining species in the ``other rockfish'' complex. 
The Plan Team believes that this general approach has promise, however, 
the Plan Team did not endorse this method in 2004 because the Team 
requested more time to review this proposal and contemplate the 
implications of separating out shortspine thornyheads. The Plan Team 
recommends that the authors propose essentially the same method in 
September 2004 for the 2005 specification process. For 2004, the Plan 
Team recommended that the method used for 2003 be used. The SSC has 
determined that a reliable estimate of the natural mortality rate 
exists for this complex, thereby qualifying ``other rockfish'' for 
management under Tier 5.
    Comment 13. BSAI squid and other species catch increased in 2002 
and NMFS should manage the species in the ``other species'' category as 
separate shark, skates, squid and octopus.
    Response. The ``other species'' fishery in the BSAI was open for 
directed fishing until 2003 when it was closed to directed fishing to 
prevent exceeding the TAC. This should reduce the incentive to target 
``other species''. The Plan Team did recommend to separate the ``other 
species'' category into sharks, skates, sculpin and octopus. However, 
this change would require an FMP amendment before it could be 
implemented because ``other species'' is defined in a manner that does 
not provide for species breakouts unlike other target and non target 
groundfish complexes. The Council must initiate the development of such 
an FMP amendment, although the schedule for Council consideration of 
the draft analysis is uncertain given limited staff resources and 
competing priorities.
    Comment 14. The Atka mackerel fishery causes disproportionate 
impacts to coral and sponge reefs throughout the BSAI.
    Response. The Atka mackerel fishery does not cause disproportionate 
impacts as demonstrated by fishery data. In 2003, the directed Atka 
mackerel fishery accounted for 54 percent of the total groundfish catch 
in the Aleutian Islands (Pacific cod accounted for 32 percent, Pacific 
ocean perch 12 percent, and the rest was taken in miscellaneous 
fisheries). The commentator highlights the average percentage of 
bycatch species taken in the Atka mackerel fishery over the last five 
years. These data are cited from the Ecosystem Effects on BSAI Atka 
Mackerel section in the stock assessment. For example: ``* * * in the 
last 5 years (1998-2002), the Atka mackerel fishery has taken on 
average about 50 percent and 40 percent, respectively, of the total 
Aleutian Islands trawl sponge and coral catches.'' Proportionately, the 
directed Atka mackerel fishery is accounting for bycatch of sponges and 
coral in line with the percentage of total groundfish catch (in the 
Aleutians) taken by the Atka mackerel fishery.
    The commentator fails to acknowledge the following sentence in the 
stock assessment: ``It is unknown if the absolute levels of sponge and 
coral bycatch in the Atka mackerel fishery are of concern.'' The 
average percentages of bycatch species taken in the recent Atka 
mackerel fisheries appear high, but they must be considered in the 
context that there are only a few major bottom trawl fisheries in the 
Aleutians, with Atka mackerel being one of the largest. Thus, it is to 
be expected that these few fisheries would be responsible for the bulk 
of the bycatch. The question remains whether the absolute levels of 
bycatch are of concern.
    The stock assessment acknowledges that the Atka mackerel fishery 
impacts coral and sponge reefs, and also has bycatch of skates and 
sculpins. However, the Atka mackerel fishery is highly localized and 
focuses on a few, relatively small areas that provide high catch per 
unit effort of Atka mackerel.
    Comment 15. The Atka mackerel fishery competes with the endangered 
Steller sea lions.
    Response. The Atka mackerel fishery is regulated by Steller Sea 
Lion Protection Measures that include seasonal and spatial allocations 
of the quota, as well as harvest limits within critical habitat areas 
defined as Harvest Limit Areas (HLA). In 2003, 48 percent of the 60 
percent limit was taken in the Central and Western Aleutian Islands 
HLA. Two observers are required to be on all Atka mackerel boats 
fishing in the HLA. The directed Atka mackerel fishery is one of the 
most highly regulated and monitored fisheries to accommodate Steller 
sea lion concerns.
    Comment 16. Pacific cod should be managed as the Bering Sea subarea 
and Aleutian Islands subarea separately instead of the BSAI-wide.
    Response. Currently, Pacific cod is not allocated by subarea. The 
SSC agreed with the SAFE report author that Pacific cod should be split 
between BS and AI and requests the assessment authors to evaluate the 
methods used to

[[Page 9260]]

split the ABC and their potential management implications, so that 
specific recommendations can be made to the Council on this issue in 
the future. The 2004 ABC was set at 223,000 mt, and if Pacific cod was 
allocated by subarea, the EBS and AI portions would be 191,000 mt and 
32,000 mt, respectively. An AI ABC of 32,000 mt would be higher than 
the 2002 AI catch of 30,801 mt and similar to the 2004 catch of 31,129 
mt and would not be expected to result in significant constraints on 
the existing fishery in 2004 or to be a conservation issue. The BSAI 
Pacific cod TAC is the most finely allocated TAC in the Federal 
fisheries off Alaska with twenty allocations between four gear types, 
three processing sectors, two vessel sizes and two seasons. Splitting 
the TAC between the BS and AI subareas under the current allocations 
will force vessels not currently fishing in the AI to fish there or 
forgo the AI amount of the TAC allocated to them. In 2003, the Aleutian 
Islands jig and pot directed Pacific cod catch was less than 1 mt. 
Trawl Pacific cod catch accounted for 97 percent of the Pacific cod 
catch in the AI (54 percent CV, 39 percent CP) and would have exceeded 
the 47 percent of their Aleutian Islands allocation. Also, 93 percent 
of the trawl catch was taken during the January 1 to April 1, 2003 
season, which is limited in 2004 to 60 percent. In 2003, if there were 
a BS and AI subarea split, the hook-and-line catcher processors and pot 
catcher vessels would have reached their Bering Sea allocations earlier 
by at least one week and two weeks, respectively. The Council, the 
industry, and the public need to develop and review more analyses on 
how to manage the Pacific cod Aleutian Islands TAC.
    Comment 17. The TAC setting process is lengthy and does not provide 
for sufficient opportunities to make meaningful public comment.
    Response. Currently, numerous opportunities exist for public input 
including the September and November Plan Team meetings and the October 
and December Council meetings, as well as opportunity to submit 
comments to NMFS on the proposed specifications.
    Nonetheless, NMFS and the Council agree that these opportunities 
could be enhanced further. In October, the Council approved a new 
process for establishing harvest specifications in future years under 
BSAI and GOA FMP Amendments 48/48. Objectives for the revised process 
include providing enhanced opportunity for informed public comment. The 
Council's preferred alternative is to establish harvest specifications 
for 18 months (Year 1 and first half of Year 2) for BSAI and GOA 
groundfish. The new process would better assure that proposed harvest 
specifications and corresponding analysis, which are made available for 
public review and comment, provide the basis from which final harvest 
specifications are established.

Small Entity Compliance Guide

    The following information is a plain language guide to assist small 
entities in complying with this final rule as required by the Small 
Business Regulatory Enforcement Fairness Act of 1996. This final rule's 
primary management measures are to announce final 2004 harvest 
specifications and prohibited species bycatch allowances for the 
groundfish fishery of the BSAI. This action is necessary to establish 
harvest limits and associated management measures for groundfish during 
the 2004 fishing year and to accomplish the goals and objectives of the 
Fishery Management Plan for the Groundfish Fishery of the Bering Sea 
and Aleutian Islands Area. This action affects all fishermen who 
participate in the BSAI fishery. The specific amounts of OFL, ABC, TAC 
and PSC amounts are provided in tabular form to assist the reader. NMFS 
will announce closures of directed fishing in the Federal Register and 
in information bulletins released by the Alaska Region. Affected 
fishermen should keep themselves informed of such closures.

Classification

    This action is authorized under 50 CFR 679.20 and is exempt from 
review under Executive Order 12866.
    A FRFA was prepared for the final 2004 harvest specifications to 
address the statutory requirements of the Regulatory Flexibility Act of 
1980, as amended by the Small Business Regulatory Fairness Act of 1996.
    The proposed rule for the BSAI harvest specifications was published 
in the Federal Register on December 2, 2003 (68 FR 67642). An Initial 
Regulatory Flexibility Analysis (IRFA) was prepared for the proposed 
rule, and was described in the classifications section of the proposed 
rule. The IRFA is available on the NMFS Alaska Region Web site at 
http://www.fakr.noaa.gov/sustainablefisheries/specs04/GOA63earirirfa1003.pdf. The public comment period for the BSAI 
specifications rule ended on January 2, 2004. No comments were received 
on the economic impact of this rule.
    The final 2004 harvest specifications establish harvest limits for 
the groundfish species and species groups in the BSAI. This action is 
necessary to allow groundfish fishing in 2004. In all the waters off of 
Alaska, these harvest specifications may affect from 832 to 838 small 
catcher vessels, 30 to 33 small catcher/processors, and six small CDQ 
groups. In the BSAI, 105 small catcher vessels, and 19 small catcher-
processors would experience small adverse impacts (estimated to be a 
fraction of a percent of entity gross revenues) from reductions in 
Greenland turbot harvests. Six small catcher/processors operating as 
head-and-gut trawlers would experience reductions in Pacific ocean 
perch, flathead sole, and rock sole, estimated to be 3 percent to 4 
percent of entity gross revenues. Also, 188 small catcher vessels and 
43 small catcher-processors would experience small adverse impacts 
(estimated to be a fraction of a percent of entity gross revenues) from 
reductions in other species harvests. Six CDQ groups would have small 
revenue reductions (estimated to be a small fraction of a percent) in 
fisheries for certain species (although these would be more than offset 
by revenue increases from other fisheries for CDQ groups).
    The analysis examined four alternatives to the preferred. 
Alternative 1 would have set TACs in the BSAI to produce fishing 
mortality rates, F, that are equal to maxFABC, the maximum 
permissible value under the FMP (2,000,000 mt for OY). While this 
alternative would have a smaller adverse impact on small entities than 
the preferred, this alternative was rejected because the associated 
harvest limits are above biologically acceptable levels. Alternative 3, 
which sets TACs based on half the maximum levels, and Alterative 4, 
which sets TACs based on a five year average, were both rejected 
because they do not use the best and most recent scientific information 
on status of groundfish stocks, nor take into account socioeconomic 
benefits to the nation. Alternative 5, the no action alternative, was 
rejected because it would set TACs in the BSAI equal to zero. 
Alternatives 3, 4, and 5 would also cause negative impacts to small 
entities.
    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.
    Under the provisions of 5 U.S.C. 553(b)(B), an agency can waive the 
requirement for prior notice if for good cause it finds that such 
notice is impracticable, unnecessary, or contrary to public interest. 
Certain fisheries, such as those for Pacific cod, Atka mackerel, and 
Pacific ocean perch, are intensive

[[Page 9261]]

fast-paced fisheries. Others fisheries, such as those for flatfish and 
rockfish, are critical as directed fisheries and as incidental catch in 
other fisheries. U.S. fishing vessels have demonstrated the capacity to 
catch full TAC allocations in all these fisheries. Any delay in 
allocating full TAC in these fisheries would cause disruption to the 
industry and potential economic harm through unnecessary discards. For 
the foregoing reasons and pursuant to 50 CFR 679.20(b)(3) and 5 U.S.C. 
553(b)(3B), NMFS makes an apportionment of a portion of the non-
specified reserve to fisheries that it has determined appropriate (see 
Table 2) to allow for the orderly conduct and efficient operation of 
these fisheries and waives the requirement for prior notice for good 
cause because it is impracticable and contrary to the public interest.
    Under the provisions of 5 U.S.C. 553(d)(1), an agency can waive a 
delay in the effective date of a substantive rule if it relieves a 
restriction. Unless this delay is waived, fisheries that are currently 
closed (See SUPPLEMENTARY INFORMATION) because the interim TACs were 
reached would remain closed until the final specifications became 
effective. Those closed fisheries are restrictions on the industry that 
can be relieved by making the final specifications effective on 
publication. Another relief from a restriction would be the elimination 
of discards of sablefish caught incidentally to Pacific halibut. If the 
final specifications are not effective by February 29, 2004, which is 
the start of the Pacific halibut season as specified by the IPHC, the 
longline sablefish fishery will not begin concurrently with the Pacific 
halibut season. This would cause disruption to the fishing industry, as 
both longline sablefish and Pacific halibut are managed under the same 
IFQ program, and as stated above, require sablefish that is caught with 
Pacific halibut to be discarded.
    Under the provisions of 5 U.S.C. 553(d)(3), an agency can waive a 
delay in the effective date for good cause found and published with the 
rule. For all other fisheries not currently closed because the interim 
TACs were reached, the possibility exists for their closures prior to 
the expiration of a 30-day delayed effectiveness period because their 
interim TACs or PSC allowances could be reached. Determining which 
fisheries may close is impossible because these fisheries are affected 
by several factors that cannot be predicted in advance, including 
fishing effort, weather, movement of fishery stocks, and market price. 
Furthermore, the closure of one fishery has a cascading effect on other 
fisheries by freeing-up fishing vessels, allowing them to move from 
closed fisheries to open ones, increasing the fishing capacity in those 
open fisheries and causing them to close at an accelerated pace. The 
interim specifications currently in effect are not sufficient to allow 
directed fisheries to continue predictably, resulting in unnecessary 
closures and disruption within the fishing industry and the potential 
for regulatory discards. The final specifications establish increased 
TACs and PSC allowances to provide continued directed fishing for 
species that would otherwise be prohibited under the interim 
specifications. These final specifications were developed as quickly as 
possible, given plan team review in November 2003, Council 
consideration and recommendations in December 2003, and NOAA Fisheries 
review and development in January-February 2004.

    Authority: 16 U.S.C. 773 et seq., 1801 et seq., and 3631 et 
seq.; 16 U.S.C. 1540(f); Pub. L. 105-277, Title II of Division C; 
Pub L. 106-31, Sec. 3027; and Pub L. 106-554, Sec. 209.

    Dated: February 23, 2004.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 04-4369 Filed 2-26-04; 8:45 am]
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